Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
94th General Assembly A Bill 2
Regular Session, 2023 HOUSE BILL 1349 3
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By: Representative Ray 5
By: Senator J. Dotson 6
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For An Act To Be Entitled 8
AN ACT CONCERNING PA ID ESPORTS TOURNAMEN TS; AND FOR 9
OTHER PURPOSES. 10
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Subtitle 13
CONCERNING PAID ESPORTS TOURNAMENTS. 14
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 17
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SECTION 1. Arkansas Code Title 23, is amended to add an additional 19
chapter to read as follows: 20
CHAPTER 118 21
PAID ESPORTS TOURNAMENTS 22
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23-118-101. Legislative findings. 24
(a) The General Assembly finds that a paid esports tournament 25
conducted in compliance with this chapter does not constitute gambling for 26
any purpose. 27
(b) Paid and nonpaid esports tournaments conducted in compliance with 28
this chapter are exempt from § 5 -66-101 et seq. 29
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23-118-102. Definitions. 31
As used in this chapter: 32
(1)(A) "Esports" means any form of multiplayer competition using 33
video gaming consoles, computers, or other electronic devices. 34
(B) "Esports" includes the ability to compete or perform 35
in front of an audience, and through an online platform, broadcast on 36 HB1349
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television, or at an in -person event; 1
(2) "Esports tournament organizer" means a person that: 2
(A) Is engaged in the business of professionally 3
conducting paid esports tournaments for cash prizes for members of the 4
general public; and 5
(B) Requires cash or cash equivalent as an entry fee to be 6
paid by a member of the general public who participates in a paid esports 7
tournament; 8
(3) "Esports tournament participant" means an individual or 9
group of individuals who function as a team that participates in a paid or 10
nonpaid esports tournament offered by an esp orts tournament organizer; 11
(4) "Nonpaid esports tournament” means any: 12
(A) Esports event organized by an educational institution, 13
charity, nonprofit, or other institution that awards nonmonetary prizes; or 14
(B) Event that does not require an entr y or venue fee to 15
participate in esports; 16
(5)(A) "Paid esports tournament" means any esports event 17
facilitated by an esports tournament organizer for a cash prize or other 18
monetary compensation if an esports tournament participant is required to pay 19
an entry or venue fee to participate. 20
(B) "Paid esports tournament" includes any esports 21
tournament or contest that meets the following conditions: 22
(i) The values of all prizes and awards offered to 23
winning esports tournament participants in public contests, and the method 24
through which prizing is determined, are established and made known to the 25
esports tournament participants in advance of the tournament or contest; 26
(ii) All winning outcomes reflect the relative 27
knowledge and skill of the espo rts tournament participants and are determined 28
by the results of the performance of esports tournament participants; 29
(iii) A winning outcome is determined by the results 30
of fully completed contests or events and not merely a portion of a contest 31
or event, except that an esports tournament participant may be credited for 32
results in a suspended or shortened contest or event that has been suspended 33
or shortened by a decision of the esports tournament organizer on account of 34
weather or other natural or unf oreseen events; and 35
(iv)(a) Each paid esports tournament participant is 36 HB1349
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required to pay an entry fee to participate. 1
(b) Each nonpaid esports tournament 2
participant is exempted from the requirement to pay an entry fee to 3
participate. 4
(c) Payment under subdivision (5)(B)(iv)(a) of 5
this section shall be with cash or a cash equivalent and is not gambling for 6
the purposes of § 5-66-101 et seq.; and 7
(6) "Person" means any association, corporation, limited 8
liability company, fiduciary, indivi dual, joint stock company, joint venture, 9
partnership, sole proprietorship, or other private legal entity. 10
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23-118-103. Paid esports tournaments authorized. 12
An esports tournament organizer is authorized to conduct a paid esports 13
tournament through one ( 1) or more websites, local area networks, video 14
gaming platforms, or other similar gaming platforms maintained and operated 15
by the esports tournament organizer. 16
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