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The Empire State Building backdrops Roman numerals for the NFL Super Bowl XLVIII football game during sunrise Tuesday at Pier A Park in Hoboken, N.J.

(AP File Photo)

State Sen. Lisa Boscola

Pennsylvania State Police have a message for those planning on joining the Super Bowl pool at their local social club now that Pennsylvania legalized small sports betting pools:

Not so fast.

The state law allowing volunteer clubs to run small pools violates a federal ban on sports betting, Pennsylvania State Police Commissioner Frank Noonan said today.

A club can accept bets on how long the "Star-Spangled Banner" lasts, Noonan said. But a club that accepts wagers on the winner risks a citation and fine, he said.

State Sen.

, a Democrat whose 18th District covers parts of Northampton and Lehigh counties, crafted the new state law and says the state police are wrong. The law is legal, was passed with overwhelming support and is modeled on existing laws in other states, she said in a news release.

"They are making a legal conclusion to support their position with nothing to back it up," Boscola said in a statement. "In addition, they conveniently ignore the fact that there are other states that have allowed these kinds of pools for years, presumably without violating federal law."

The confusion over the law is enough that the Pennsylvania Association of Nationally Chartered Organizations, which represents Elks Clubs, American Legions and the like, is recommending its members don't conduct pools, said Steve DeFrank, Boscola's chief of staff.

The law was aimed at helping clubs attract new members, increase traffic and legitimize an activity most Pennsylvanians already think is legal, Boscola said.

Boscola and state Rep. Neal Goodman, D-Schuylkill, have written to Gov. Tom Corbett urging him to remind Noonan his department is tasked with "upholding the laws, not making them up."

"We're hoping that common sense prevails," DeFrank said. "I'm not sure that's going to be the case."

Boscola has sat down with the state police and produced supporting case law as well as the laws in other states, including Iowa and Vermont, DeFrank said. State police officials offered up nothing other than their interpretation, he said.

"I think their position here is a very overly broad view of federal law," DeFrank said. "It was intended to stop state-sponsored gambling activities on sporting events. That's the law. It is not state-sponsored. The state is not taking a cut. The club isn't even taking a cut."

State police never objected to the law when it was being considered in the state Legislature and didn't offer up changes, Boscola said.

"Instead, they waited until two weeks before the Super Bowl to blindside charitable and volunteer clubs that likely already have pools in place," she said. "It's a disgrace."

Noonan, the commissioner, said it is simple: The state law says the operation of a pool must comply with all state and federal laws and this one does not.

State police, however, won't be actively stepping up enforcement of sports betting pool violations ahead of Sunday's Super Bowl XLVIII at MetLife Stadium in East Rutherford, N.J., he noted.

"We're not targeting this," Noonan said. "We're not planning on any major operation."

Rather, police efforts will be focused on drunken-driving patrols and enforcement of liquor laws, Noonan said.

"(While doing that), if we observe a violation of the law concerning football pools, then we would cite the owner of the bar or club," he said.

Violators would receive an administrative law citation, which carries a $50 to $2,000 fine, and would have to appear before an administrative law judge, Noonan said. The citation could impact a liquor license, he said.