Microsoft Word - D143-2006.doc SAN MARINO We the Captains Regent of the Most Serene Republic of San Marino Having regard to Article 4 of the Constitutional Law no.185 / 2005 and Article 6 of Qualified Law n.186 / 2005; Promulgate and publish the following ordinary law approved by the Great and General Council at its meeting on 14 dicembre2006 LAW December 27, 2006 143 ESTABLISHMENT OF STATE AUTHORITY OF GAMES TITLE I ESTABLISHMENT AND PURPOSE Art.1 (Ente Establishment of the State Games ) In accordance with Law 173 of December 2, 2005 it has established the State Agency of the Games, briefly ESG. Art.2 (its supervision of the State Games) The ESG operates under the control and supervision of the Great and General Council and the Congress of State. Art.3 (Ente Games State Purposes) All'ESG responsible for: a) the exercise of the exclusive games, contests, lotteries, lotto, of fortune and skill games and betting governed by Law No 25 July 2000 .67, with the exception of the activities referred to in Article 2 of that Act; b) the control and supervision of the management of activities in the gaming industry governed by Law 67 of July 25, 2000; c) the preparation of draft laws and regulations concerning the exercise of the games; d) the adoption of measures and initiatives aimed at a safe and transparent management of the games and the prevention of socially harmful consequences of the game. Art.4 (ESG Regulatory powers) The ESG, in performing its functions, shall issue regulations containing binding provisions and general that give effect to the provisions of this Act and the implementing decrees, as well as any other measure that the ' ESG considers appropriate for achieving its aims. These regulations will be published in the Official Bulletin. Article .5 (operating mode of the games) The exercise of the exclusive games for in Article 3, point a), is carried out by entering into contracts with private companies, with majority participation of the most excellent Room, the who are entrusted with the conduct of offices and operational structures in which you play the game activities. They are in any case reserved the Entity of the Games State: a) the approval of each game rules; b) the identification and management of the technical parameters of the equipment and operation of computers designated for the performance of the games, in order to ensure, also through real-time controls, strict compliance with the operating technical specifications of every game even in terms of game stakes and the chances of winning and losing; c) the approval of the proposals for the installation of equipment and computers for the performance of advanced games from the holders of the contract companies. The contracts are concluded dall'ESG following the authorization of the State Congress, which is responsible for verifying the compatibility of the initiative with the social economic interest of the Republic; the authorization of the State Congress is capable of political content in accordance with Article 10 last paragraph of Act 68 of June 28, 1989. The contract has a term not exceeding five years, renewable, and should expect to be paid by the company: a) staff including its formation; b) the acquisition of the local availability when you play the games and their preparation; c) the acquisition of equipment and computers for the conduct of the games except as attributed all'ESG as expressly provided for by this legislation; d) the promotional activities. The contract must establish the identification of the percentage of gross gaming revenue, being the difference between the game stakes and the prizes distributed to players, due to the company. By delegated decree will specify the requirements for the private company which is entrusted with the management of the premises and operational structures where you play the game activities. The delegated decree must include: a) appropriate requirements of integrity and professionalism held in the Company's bodies; b) they can not be entered into contracts with companies that, directly or indirectly, will be made default on contracts relating to the exercise of the games; c) they can not be entered into with subsidiaries contracts, directly or indirectly, from the producers apparatus or computers designated for the performance of the games; d) the reasons for canceling the contract with the company. TITLE II ORGANS OF THE BODY Art.6 (Executive Council)
The Games of the State Agency is represented and directed by a Board of Directors consisting of five members appointed by the Great and General Council. The members of the Board are appointed: - two members, including the President, the Congress of State on the proposal of the State Secretary for Finance; - Two members from the group board of the majority; - A component from the board's minority groups. The President is the legal representative of ESG. The office of member of the Board for three years, renewable for a maximum of three terms, is closed to members of the Great and General Council and the Congress of State and to the officials and to members of the Police Corps. The regulations concerning the functioning of the Board will be set by delegated decree on proposal of the Board of Directors. The delegate Decree also provide for the incompatibility regime and compensation for members. Art. 7 (Statutory Auditors) The Board consists of three members appointed by the Great and General Council from among those registered in the Register of Auditors and operates to the procedures and responsibilities required by the Companies Law. The President is appointed by the Board of Auditors. Art.8 (Collaboration and staff) The State Authority may make use of the Games, by reasoned decision, the work of field technicians and consultants in the various activities of the game, for the formulation of proposals regolamentative, management and control. The staff required for the administration will be employed under private law contracts, approved by the State Congress. Article 9 (Liability) The members of the Board and employees of ESG liable for damage caused to the State due to gross negligence and non-compliance with laws and regulations. TITLE III RELATIONS BETWEEN THE BODY AND THE STATE Art.10 (Budget and Report) The budget and the final balance of the Games Ente State must be approved by the Great and General Council as annexes to the State Budget. The Secretary of State for Finance, with the approval of the financial statements, report on activities carried out by the Ente, and drawn from it. TITLE IV FINAL PROVISIONS AND IMPLEMENTATION Art.11 (the Financing Law) For the implementation of the provisions of this Act, the Congress of State is authorized to turn on mortgages or take out the loan agreements and promptly inform the Great and General Council. Charges resulting from loan agreements or other forms of financing are allocated to the appropriate budget chapter or to the "intervention fund" Chapter 01.03.2490. Art.12 (Transitional and Final Provisions) With the approval of delegated decree referred to in Article 6, the last paragraph of the decade the Control and Supervision Committee, established by Law 67 of July 25, 2000. As a result of this decline of the functions entrusted by the said Law and the Decree 113 of 19 November 2001 and subsequent amendments, are transferred from the Audit Committee and Supervisory Entity of the Games together with State resources in the State budget are planned for the same Committee deleted. Within ninety days of the entry into force of this Act, the Congress of State shall submit to the Great and General Council a proposal to amend the Law 25 July 2000 67 and Decrees 113 of 19 November 2001 and 10 June 2003 72 , providing inter alia that a gross of games of the revenue which is obligatorily destined to initiatives and social and humanitarian purposes, and to tourism and cultural events. Existing concessions for the operation of games of Law 67 of July 25, 2000 shall remain in force until they expire and will no longer be renewed. Article 13 (Entry into force) This Law shall enter into force on the fifth day following that of its legal publication. Our Residence, this day of 27 December 2006/1706 THE CAPTAINS REGENT Antonio Carattoni - Roberto Giorgetti THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Valeria Ciavatta