LCO No. 5506 1 of 21 General Assembly Raised Bill No. 7331 January Session, 2019 LCO No. 5506 Referred to Committee on PUBLIC SAFETY AND SECURITY Introduced by: (PS) AN ACT CONCERNING SP ORTS WAGERING IN THE STATE. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. (NEW) (Effective July 1, 2019) (a) As used in this section, 1 unless the context otherwise requires: 2 (1) "Casino gaming facility" has the same meaning as provided in 3 section 12-557b of the general statutes; 4 (2) "Commissioner" means the Commissioner of Consumer 5 Protection; 6 (3) "Department" means the Department of Consumer Protection; 7 (4) "Electronic sports wagering platform" or "platform" means the 8 combination of hardware, software and data networks used by a 9 sports wagering operator or the Connecticut Lottery Corporation 10 established in section 12-802 of the general statutes, as amended by 11 this act, to manage, administer, offer or control sports wagering over 12 the Internet, including through an Internet web site or a mobile device; 13 Raised Bill No. 7331 LCO No. 5506 2 of 21 (5) "Mashantucket Pequot memorandum of understanding" means 14 the memorandum of understanding entered into by and between the 15 state and the Mashantucket Pequot Tribe on January 13, 1993, as 16 amended from time to time; 17 (6) "Mashantucket Pequot procedures" means the Final 18 Mashantucket Pequot Gaming Procedures prescribed by the Secretary 19 of the United States Department of the Interior pursuant to Section 20 2710(d)(7)(B)(vii) of Title 25 of the United States Code and published in 21 56 Federal Register 24996 (May 31, 1991), as amended from time to 22 time; 23 (7) "Minor" means an individual who is under twenty-one years of 24 age; 25 (8) "Mohegan compact" means the Tribal-State Compact entered 26 into by and between the state and the Mohegan Tribe of Indians of 27 Connecticut on May 17, 1994, as amended from time to time; 28 (9) "Mohegan memorandum of understanding" means the 29 memorandum of understanding entered into by and between the state 30 and the Mohegan Tribe of Indians of Connecticut on May 17, 1994, as 31 amended from time to time; 32 (10) "Sports bettor" means an individual who is not a minor and is 33 physically present in the state when placing a sports wager with a 34 sports wagering operator, the Connecticut Lottery Corporation or a 35 lottery sales agent licensed pursuant to this section; 36 (11) "Sporting event" means (A) any sporting or athletic event at 37 which two or more persons participate and receive compensation in 38 excess of actual expenses for such participation in such sporting or 39 athletic event, or (B) any sporting or athletic event sponsored by an 40 intercollegiate athletic program of an institution of higher education. 41 "Sporting event" does not include horse racing or any sporting or 42 athletic event sponsored by a minor league or high school; 43 Raised Bill No. 7331 LCO No. 5506 3 of 21 (12) "Sports governing body" means the organization that prescribes 44 final rules and enforces codes of conduct with respect to a sporting 45 event and participants in the sporting event; 46 (13) "Sports wagering" means risking or accepting any money, 47 credit, deposit or other thing of value for gain contingent in whole or 48 in part (A) by any system or method of wagering, including, but not 49 limited to, in person or over the Internet through an Internet web site 50 or a mobile device, and (B) based on (i) a sporting event or a portion or 51 portions of a sporting event, or (ii) the individual performance 52 statistics of an athlete or athletes in a sporting event or a combination 53 of sporting events. "Sports wagering" does not include the payment of 54 an entry fee to play fantasy contests, as defined in section 12-578aa of 55 the general statutes, as amended by this act; 56 (14) "Sports wagering gross revenue" means the amount equal to the 57 total amount of all wagers placed on sporting events not excluded 58 from sports wagering that a sports wagering operator collects from all 59 sports bettors, less the total amount of all sums paid out as winnings to 60 sports bettors, except that the cash equivalent value of any 61 merchandise or thing of value awarded as a prize shall not be included 62 in the sums paid out as winnings; and 63 (15) "Sports wagering operator" or "operator" means a person or 64 business organization operating the off-track betting system or limited 65 liability company operating a casino gaming facility that offers sports 66 wagering either in person to individuals at such facilities or through an 67 electronic sports wagering platform and is licensed pursuant to this 68 section. 69 (b) The provisions of this section shall not be effective unless the 70 following conditions have been met: 71 (1) On and after the effective date of this section, the Governor 72 enters into new tribal-state compacts with the Mashantucket Pequot 73 Tribe and the Mohegan Tribe of Indians of Connecticut pursuant to the 74 federal Indian Gaming Regulatory Act, P.L. 100-497, 25 USC 2710(d)(3) 75 Raised Bill No. 7331 LCO No. 5506 4 of 21 concerning the authorization of sports wagering. Any such tribal-state 76 compact shall: (A) Allow each tribe to offer sports wagering on Indian 77 lands, (B) provide that the authorization of sports wagering in this 78 state does not relieve each tribe from the tribe's obligation to contribute 79 a percentage of the gross operating revenues of video facsimile games 80 to the state as provided in the Mashantucket Pequot memorandum of 81 understanding and the Mohegan memorandum of understanding, as 82 the case may be, and (C) provide that the authorization of sports 83 wagering in this state does not terminate the moratoria on the 84 operation of video facsimile games by the tribes pursuant to section 85 15(a) of the Mashantucket Pequot procedures and section 15(a) of the 86 Mohegan compact. 87 (2) The new tribal-state compacts are approved or deemed 88 approved by the Secretary of the United States Department of the 89 Interior pursuant to the federal Indian Gaming Regulatory Act, P.L. 90 100-497, 25 USC 2701 et seq., and its implementing regulations. If such 91 approval is overturned by a court in a final judgment, which is not 92 appealable, the authorization for sports wagering provided under this 93 section shall cease to be effective. 94 (3) The new tribal-state compacts are approved by the General 95 Assembly pursuant to section 3-6c of the general statutes. 96 (c) (1) On and after the date this section becomes effective pursuant 97 to subsection (b) of this section, the Commissioner of Consumer 98 Protection may issue a license to operate sports wagering, a sports 99 wagering vendor license or a sports wagering lottery sales agent 100 license, as applicable, in accordance with this section. 101 (2) No person or business organization operating the off-track 102 betting system, limited liability company operating a casino gaming 103 facility or the Connecticut Lottery Corporation may offer sports 104 wagering unless such person, business organization, limited liability 105 company or corporation has obtained a license to operate sports 106 wagering issued by the commissioner pursuant to this section. 107 Raised Bill No. 7331 LCO No. 5506 5 of 21 (3) No person or business organization may develop an electronic 108 sports wagering platform on behalf of a sports wagering operator or 109 the Connecticut Lottery Corporation unless such person or business 110 organization holds a sports wagering vendor license issued by the 111 commissioner pursuant to this section. 112 (4) No lottery sales agent may offer sports wagering at such agent's 113 place of business unless such agent holds a sports wagering lottery 114 sales agent license issued by the commissioner pursuant to this section. 115 (d) (1) Each applicant for a license pursuant to this section shall 116 submit a completed application on forms prescribe d by the 117 commissioner. Such application may require the applicant to submit 118 any information the commissioner deems pertinent to the issuance of 119 such license. Each applicant, except the Connecticut Lottery 120 Corporation, shall submit to state and national criminal history records 121 checks, conducted in accordance with section 29-17a of the general 122 statutes, before such license is issued. 123 (2) Each applicant for a license to operate sports wagering shall 124 submit with its application a nonrefundable application fee of one 125 hundred thousand dollars. Except as provided in subsection (e) of this 126 section, each such license shall expire biennially on the anniversary 127 date of the issuance of such license unless renewed in accordance with 128 this section. The nonrefundable application fee for such renewal shall 129 be one hundred thousand dollars. Upon the issuance or renewal of a 130 license, the licensee shall pay a licensing fee of five hundred thousand 131 dollars to the commissioner. The Connecticut Lottery Corporation 132 shall be exempt from the application fee, renewal application fee and 133 licensing fee for a license to operate sports wagering. 134 (3) Each applicant for a sports wagering vendor license shall submit 135 with its application a nonrefundable application fee of one hundred 136 thousand dollars. Except as provided in subsection (e) of this section, 137 each such license shall expire biennially on the anniversary date of the 138 issuance of such license unless renewed in accordance with this 139 Raised Bill No. 7331 LCO No. 5506 6 of 21 section. The nonrefundable application fee for such renewal shall be 140 one hundred thousand dollars. Upon the issuance or renewal of a 141 license, the licensee shall pay a licensing fee of three hundred thousand 142 dollars to the commissioner. 143 (4) Except as provided in subsection (e) of this section, each sports 144 wagering lottery agent license shall be renewed biennially. Upon the 145 issuance or renewal of such license, the licensee shall pay a licensing 146 fee of two hundred fifty dollars to the commissioner. 147 (5) Applications for renewal of any such license shall be on such 148 form as prescribed by the commissioner. 149 (e) (1) The commissioner shall, as soon as practicable after the 150 receipt of a completed license or renewal application, grant or deny the 151 license or renewal application. Any holder of a license issued pursuant 152 to this section who submits an application to renew such license prior 153 to the expiration of such license may continue to perform the activities 154 authorized by such license until the commissioner approves or denies 155 such renewal application. 156 (2) Failure by any person or business organization, limited liability 157 company or corporation that holds a license pursuant to this section or 158 any off-track betting facility to comply with the requirements of this 159 section and any regulations adopted pursuant to this section shall 160 constitute grounds for the commissioner to investigate such licensee or 161 facility and after a hearing held in accordance with the provisions of 162 chapter 54 of the general statutes, suspend or revoke such license for 163 good cause or suspend operations at such facility and impose a civil 164 penalty of not more than two hundred fifty thousand dollars. Any 165 licensee whose license is suspended or revoked or who is fined, any 166 facility whose sports wagering operations are suspended or that is 167 fined, or any applicant aggrieved by the action of the commissioner 168 concerning an application for a license or renewal application, may 169 appeal in accordance with the provisions of said chapter. 170 (f) (1) If licensed under subsection (e) of this section, a sports 171 Raised Bill No. 7331 LCO No. 5506 7 of 21 wagering operator or the Connecticut Lottery Corporation may offer 172 sports wagering through an electronic sports wagering platform to 173 individuals physically located in this state when placing a sports 174 wager. Such operator or corporation may establish its own platform or 175 may contract with a third party for the development of a platform on 176 behalf of the operator or corporation, provided such third party holds 177 a sports wagering vendor license issued by the commissioner pursuant 178 to this section. 179 (2) At a minimum, each electronic sports wagering platform shall be 180 developed to: (A) Verify that an individual with a sports wagering 181 account is twenty-one years of age or older and is located in the state; 182 (B) establish a voluntary self-exclusion process to allow an individual 183 to exclude himself or herself from placing sports wagers; (C) establish 184 a voluntary process to allow an individual to limit the amount of 185 money such individual may use to place sports wagers; (D) provide a 186 mechanism to prevent an individual who (i) participates in the self-187 exclusion process from placing sports wagers, or (ii) limits the amount 188 of money such individual may use to place sports wagers from 189 exceeding such limits; (E) permit an individual to permanently close 190 his or her sports wagering account at any time and for any reason; (F) 191 prominently display introductory procedures for sports bettors on the 192 main page of the platform that explain sports wagering; (G) offer an 193 individual access to his or her sports wagering account history and 194 details; (H) provide that any money in a sports wagering account 195 belongs solely to the owner of the account and may be withdrawn by 196 the owner at any time; (I) provide a mechanism to prevent the 197 unauthorized use of sports wagering accounts and maintain the 198 security of wagering data, sport bettor's data and other confidential 199 information; (J) post a conspicuous link to responsible gambling 200 information, as specified by the commissioner, on all sports wagering 201 account web pages; and (K) transmit real-time information regarding 202 sports wagers placed on sporting events. 203 (3) Prior to placing wagers on an electronic sports wagering 204 platform, a sports bettor shall establish a sports wagering account in 205 Raised Bill No. 7331 LCO No. 5506 8 of 21 person at the casino gaming facility, off-track betting facility, central 206 office of the Connecticut Lottery Corporation or any high tier claim 207 center so designated by the corporation, as the case may be, and 208 present at least two forms of identification at the time of establishing 209 the sports wagering account. 210 (g) Each sports wagering operator, the Connecticut Lottery 211 Corporation and a lottery sales agent offering sports wagering shall: 212 (1) Verify that a sports bettor is at least twenty-one years of age; 213 (2) Allow any individual to exclude himself or herself from placing 214 sports wagers or limit the amount of money such individual may use 215 to place sports wagers with an operator, corporation or lottery sales 216 agent, and the operator, corporation or lottery sales agent that has been 217 notified by such individual of such exclusion or limit shall take 218 reasonable steps to prevent such individual from placing sports 219 wagers or exceeding such limit, as the case may be; 220 (3) Enter into an agreement with a provider of sporting event data 221 that meets or exceeds the minimum qualifications as set forth in 222 regulations adopted by the commissioner pursuant to subsection (p) of 223 this section; 224 (4) Report any suspicion of abnormal betting activity to the 225 commissioner for immediate investigation by the commissioner; 226 (5) Maintain the security of wagering data, customer data and other 227 confidential information to prevent unauthorized access to and 228 dissemination of such data and information; and 229 (6) Share records in real time, at the account level and in 230 pseudonymous form to the department with respect to sports wagers 231 placed with such operator, corporation or lottery sales agent. 232 (h) (1) No individual who is a licensed sports wagering operator or 233 sports wagering vendor, an officer, director, owner or employee of a 234 sports wagering operator or sports wagering vendor, and no family 235 Raised Bill No. 7331 LCO No. 5506 9 of 21 member of such individual who resides in the same household as such 236 individual, shall place any wager with a sports wagering operator, the 237 Connecticut Lottery Corporation or any lottery sales agent. 238 (2) No athlete, coach, referee, team owner, employee of a sports 239 governing body, employee of a sports governing body's member 240 teams, or personnel of any bargaining unit of a sports governing 241 body's athletes or referees, shall place any wager on any sporting event 242 overseen by such governing body. In determining which individuals 243 are prohibited from placing a wager under this subdivision, a sports 244 wagering operator and the Connecticut Lottery Corporation shall use 245 publicly available information and any lists provided by the relevant 246 sports governing body to the Department of Consumer Protection. 247 (3) No individual with access to nonpublic, confidential information 248 that could affect the outcome of a sporting event shall place any wager 249 on such sporting event with any sports wagering operator, the 250 Connecticut Lottery Corporation or any lottery sales agent. 251 (4) No individual shall place any sports wager pursuant to this 252 section as an agent or a proxy for another individual. 253 (5) Each sports wagering operator, the Connecticut Lottery 254 Corporation and each licensed sports wagering lottery sales agent shall 255 take reasonable steps to prevent the conduct prohibited under 256 subdivisions (1) to (4), inclusive, of this subsection and shall 257 immediately notify the commissioner if such operator, corporation or 258 agent believes such conduct has occurred. 259 (6) A sports wagering operator, the Connecticut Lottery 260 Corporation, a lottery sales agent and a sports wagering vendor 261 licensee shall not disclose or sell any sports bettor's information. 262 Records that directly or indirectly identify a sports bettor shall be kept 263 confidential and shall not be disclosed. 264 (7) No prizes shall be paid to any individual who is restricted from 265 placing sports wagers pursuant to this subsection. Any such prize shall 266 Raised Bill No. 7331 LCO No. 5506 10 of 21 be deposited into the sports wagering account established in section 2 267 of this act. 268 (i) A tax is imposed on sports wagering gross revenue earned by a 269 sports wagering operator at the rate of nine and eighty-nine-270 hundredths per cent. The Commissioner of Revenue Services shall 271 assess and collect such tax as the commissioner may prescribe by 272 regulations adopted in accordance with the provisions of chapter 54 of 273 the general statutes. Such tax shall be due and payable each Tuesday of 274 the week. If any such tax is not paid when due, the commissioner shall 275 impose a delinquency assessment upon the sports wagering operator 276 in the amount of ten per cent of such tax or ten dollars, whichever 277 amount is greater, plus interest at the rate of one and one-half per cent 278 of the unpaid principal of such tax for each month or fraction of a 279 month from the date such tax is due to the date of payment. Subject to 280 the provisions of section 12-3a of the general statutes, the 281 commissioner may waive all or part of the penalties provided under 282 this subsection when it is proven to the commissioner's satisfaction 283 that the failure to pay such tax within the time required was due to 284 reasonable cause and was not intentional or due to neglect. Failure to 285 pay any such delinquent tax upon demand may be considered by the 286 Commissioner of Consumer Protection as cause for revocation of a 287 license to operate sports wagering. 288 (j) The amount of unclaimed moneys, as determined by the 289 Commissioner of Consumer Protection, held by a sports wagering 290 operator on account of outstanding and uncashed winning sports 291 wagering tickets, shall be due and payable to the commissioner at the 292 expiration of six months after the date of the sporting event during 293 which such tickets were issued. If any such unclaimed moneys are not 294 paid when due, the commissioner shall impose a delinquency 295 assessment upon the sports wagering operator in the amount of ten 296 per cent of such money or ten dollars, whichever amount is greater, 297 plus interest at the rate of one and one-half per cent of the unpaid 298 principal of such moneys for each month or fraction of a month from 299 the date such moneys are due to the date of payment. Subject to the 300 Raised Bill No. 7331 LCO No. 5506 11 of 21 provisions of section 12-3a of the general statutes, the commissioner 301 may waive all or part of the penalties provided under this subsection 302 when it is proven to the commissioner's satisfaction that the failure to 303 pay such moneys within the time required was due to reasonable 304 cause and was not intentional or due to neglect. 305 (k) The commissioner or the commissioner's designee may 306 authorize deputies to enter upon the premises of a sports wagering 307 operator, the Connecticut Lottery Corporation or a lottery sales agent's 308 place of business for the purposes of inspecting books and records, 309 supervising and examining cashiers, ticket sellers and other persons 310 handling money on behalf of such operator, corporation or agent. 311 (l) A sports governing body may request that the commissioner 312 restrict, limit or exclude wagering on a sporting event or events by 313 providing notice in such form and manner as the commissioner 314 prescribes. 315 (m) (1) Each sports wagering operator, the Connecticut Lottery 316 Corporation and any lottery sales agent that offers sports wagering 317 shall immediately report to the commissioner any information relating 318 to (A) criminal or disciplinary proceedings commenced against such 319 operator, corporation or agent or an employee of such operator, 320 corporation or agent in connection with its operations, (B) abnormal 321 betting activity or patterns that may indicate a concern with the 322 integrity of a sporting event, (C) any potential breach of the relevant 323 sports governing body's internal rules or codes of conduct pertaining 324 to sports wagering, (D) any other conduct that corrupts the betting 325 outcome of a sporting event for purposes of financial gain, including 326 match-fixing, and (E) suspicious or illegal wagering activities, 327 including the use of funds derived from illegal activity to place a 328 wager, the placing of a wager to conceal funds derived from illegal 329 activity, the use of an agent or a proxy to place a wager or the use of 330 false identification to place a wager. 331 (2) Such operator, corporation or agent shall also immediately 332 Raised Bill No. 7331 LCO No. 5506 12 of 21 report to the relevant sports governing body any information relating 333 to conduct described under subparagraphs (B) to (D), inclusive, of 334 subdivision (1) of this subsection. 335 (n) If the commissioner finds, after a hearing conducted pursuant to 336 chapter 54 of the general statutes, that any individual or entity 337 knowingly violates any provision of this section or any regulation 338 adopted pursuant to subsection (o) of this section, the commissioner 339 shall assess such individual or entity a civil penalty of not more than 340 fifty thousand dollars for each violation, not to exceed two hundred 341 fifty thousand dollars for multiple violations arising out of the same 342 transaction or occurrence. 343 (o) The commissioner shall adopt regulations, in accordance with 344 the provisions of chapter 54 of the general statutes, to implement the 345 provisions of this section. Such regulations shall include provisions to 346 protect the public interest in the integrity of sports wagering and 347 reduce the dangers of unsuitable, unfair or illegal practices, methods 348 and activities in the conduct of sports wagering. Such regulations shall 349 include, but need not be limited to, provisions regarding: (1) The types 350 of sporting events upon which sports wagers may be placed or 351 accepted; (2) the minimum amount of cash reserves to be maintained 352 by sports wagering operators; (3) the acceptance of wagers on a series 353 of sports events; (4) the maximum wagers which may be accepted by 354 an operator or the Connecticut Lottery Corporation from any one 355 sports bettor on any one sports event; (5) the type of wagering tickets 356 which shall be used; (6) the method of issuing tickets; (7) minimum 357 accounting standards for a sports wagering operator or the 358 corporation; (8) the types of records which shall be maintained by a 359 sports wagering operator or the corporation and available for 360 inspection upon the request of the commissioner; (9) requirements for 361 information and reports from a sports wagering operator and the 362 corporation to enable effective auditing of sports wagering operations; 363 (10) requirements for establishing and funding a sports wagering 364 account; (11) minimum qualifications for a provider of sporting events 365 data; and (12) requirements for any advertisement for sports betting to 366 Raised Bill No. 7331 LCO No. 5506 13 of 21 ensure such advertisement (A) does not target minors, problem 367 gamblers or other vulnerable individuals, (B) includes information 368 about gambling addiction or Internet web site links to resources 369 related to gambling addiction, and (C) is not false, misleading or 370 deceptive to a reasonable consumer. 371 (p) Any amounts received by the commissioner pursuant to this 372 section shall be deposited in the sports wagering account established 373 in section 2 of this act. 374 (q) The commissioner may establish receivables for the expenses to 375 be incurred by the department prior to moneys being deposited in the 376 sports wagering account established in section 2 of this act in 377 accordance with this section. Such receivables shall not exceed nine 378 hundred thousand dollars. 379 Sec. 2. (NEW) (Effective July 1, 2019) There is established an account 380 to be known as the "sports wagering account" which shall be a 381 separate, nonlapsing account within the General Fund. The account 382 shall contain any moneys required by law to be deposited in the 383 account. Moneys in the account shall be expended by the 384 Commissioner of Consumer Protection for the purposes of 385 compensating the Department of Consumer Protection for the 386 reasonable and necessary costs incurred by the department for the 387 regulatory and licensing activities specified in section 1 of this act. On 388 and after the first full fiscal year that the commissioner finds money 389 has been deposited in the sports wagering account, the commissioner 390 shall contribute one-half of one per cent of the moneys deposited in the 391 account during the previous fiscal year to the five Regional Behavioral 392 Health Action Organizations designated by the Commissioner of 393 Mental Health and Addiction Services. At the end of each fiscal year, 394 the commissioner shall transfer any money in excess of such 395 reasonable and necessary costs and such contribution to the General 396 Fund. 397 Sec. 3. Section 12-577 of the general statutes is repealed and the 398 Raised Bill No. 7331 LCO No. 5506 14 of 21 following is substituted in lieu thereof (Effective July 1, 2019): 399 The commissioner shall annually cause to be made by some 400 competent person or persons in the department a thorough audit of 401 the books and records of each association licensee under this chapter, 402 [and] each casino gaming facility and each licensed sports wagering 403 operator, as defined in section 1 of this act, and the commissioner may, 404 from time to time, cause to be made by some competent person in the 405 department a thorough audit of the books and records of any other 406 person or business organization licensed under this chapter. All such 407 audit records shall be kept on file in the commissioner's office at all 408 times. Each licensee and casino gaming facility shall permit access to 409 its books and records for the purpose of having such audit made, and 410 shall produce, upon written order of the commissioner, any documents 411 and information required for such purpose. 412 Sec. 4. Subsection (b) of section 12-811 of the general statutes is 413 repealed and the following is substituted in lieu thereof (Effective July 414 1, 2019): 415 (b) No director, officer or employee of the corporation shall, directly 416 or indirectly, participate in, or share in the winnings from, (1) a game 417 conducted pursuant to sections 12-563a and 12-800 to 12-818, inclusive, 418 or (2) sports wagering, if the corporation conducts sports wagering 419 pursuant to section 1 of this act. 420 Sec. 5. Subsection (c) of section 12-812 of the general statutes is 421 repealed and the following is substituted in lieu thereof (Effective July 422 1, 2019): 423 (c) On a weekly basis, the president shall estimate, and certify to the 424 State Treasurer, that portion of the balance in the lottery fund which 425 exceeds the current needs of the corporation for the payment of prizes, 426 the payment of current operating expenses and funding of approved 427 reserves of the corporation, [. The] and that portion of the balance that 428 is attributable to the proceeds of sports wagering, as defined in section 429 1 of this act. Upon notification of receipt of such certification by the 430 Raised Bill No. 7331 LCO No. 5506 15 of 21 Treasurer, the corporation shall transfer the amount so certified from 431 the lottery fund of the corporation to the General Fund, [upon 432 notification of receipt of such certification by the Treasurer] except that 433 the corporation shall transfer the amount attributable to the proceeds 434 of sports wagering to the sports wagering account established in 435 section 2 of this act. 436 Sec. 6. Subdivision (2) of section 53-278a of the general statutes is 437 repealed and the following is substituted in lieu thereof (Effective July 438 1, 2019): 439 (2) "Gambling" means risking any money, credit, deposit or other 440 thing of value for gain contingent in whole or in part upon lot, chance 441 or the operation of a gambling device, including the playing of a casino 442 gambling game such as blackjack, poker, craps, roulette or a slot 443 machine, but does not include: Legal contests of skill, speed, strength 444 or endurance in which awards are made only to entrants or the owners 445 of entries; legal business transactions which are valid under the law of 446 contracts; activity legal under the provisions of sections 7-169 to 7-186, 447 inclusive; any lottery or contest conducted by or under the authority of 448 any state of the United States, Commonwealth of Puerto Rico or any 449 possession or territory of the United States; and other acts or 450 transactions expressly authorized by law on or after October 1, 1973. 451 Fantasy contests, as defined in section 12-578aa, as amended by this 452 act, shall not be considered gambling, provided the conditions set forth 453 in subsection (b) of section 12-578aa, as amended by this act, have been 454 met and the operator of such contests is registered pursuant to 455 subdivision (1) of subsection (d) of section 12-578aa. Sports wagering, 456 as defined in section 1 of this act, shall not be considered gambling if 457 the conditions set forth in subsection (b) of section 1 of this act have 458 been met and the sports wagering is conducted by a sports wagering 459 operator licensed under section 1 of this act, the Connecticut Lottery 460 Corporation or a lottery sales agent licensed under section 1 of this act; 461 Sec. 7. Subdivision (4) of section 53-278a of the general statutes is 462 repealed and the following is substituted in lieu thereof (Effective July 463 Raised Bill No. 7331 LCO No. 5506 16 of 21 1, 2019): 464 (4) "Gambling device" means any device or mechanism by the 465 operation of which a right to money, credits, deposits or other things 466 of value may be created, as the result of the operation of an element of 467 chance; any device or mechanism which, when operated for a 468 consideration, does not return the same value or thing of value for the 469 same consideration upon each operation thereof; any device, 470 mechanism, furniture or fixture designed primarily for use in 471 connection with professional gambling; and any subassembly or 472 essential part designed or intended for use in connection with any 473 such device, mechanism, furniture, fixture, construction or installation, 474 provided an immediate and unrecorded right of replay mechanically 475 conferred on players of pinball machines and similar amusement 476 devices shall be presumed to be without value. "Gambling device" 477 does not include a crane game machine or device or a redemption 478 machine. A device or equipment used to play fantasy contests, as 479 defined in section 12-578aa, as amended by this act, shall not be 480 considered a gambling device, provided the conditions set forth in 481 subsection (b) of section 12-578aa, as amended by this act, have been 482 met. A device or equipment used to participate in sports wagering, as 483 defined in subsection (a) of section 1 of this act, shall not be considered 484 a gambling device if the conditions set forth in subsection (b) of section 485 1 of this act have been met; 486 Sec. 8. Section 12-561 of the general statutes is repealed and the 487 following is substituted in lieu thereof (Effective July 1, 2019): 488 No commissioner or unit head or employee of the department shall 489 directly or indirectly, individually or as a member of a partnership or 490 as a shareholder of a corporation, have any interest whatsoever in 491 dealing in any lottery, racing, fronton, betting enterprise or casino 492 gaming facility or in the ownership or leasing of any property or 493 premises used by or for any lottery, racing, fronton, betting enterprise 494 or casino gaming facility. No commissioner or unit head shall, directly 495 or indirectly, wager at any off-track betting facility, race track or 496 Raised Bill No. 7331 LCO No. 5506 17 of 21 fronton authorized under this chapter, purchase lottery tickets issued 497 under this chapter, [or] play, directly or indirectly, any authorized 498 game conducted at a casino gaming facility or place a sports wager 499 with a sports wagering operator licensed under section 1 of this act, 500 the Connecticut Lottery Corporation or a lottery sales agent licensed 501 under section 1 of this act. The commissioner may adopt regulations in 502 accordance with the provisions of chapter 54 to prohibit any employee 503 of the department from engaging, directly or indirectly, in any form of 504 legalized gambling activity in which such employee is involved 505 because of his or her employment with the department. For purposes 506 of this section, "unit head" means a managerial employee with direct 507 oversight of a legalized gambling activity. 508 Sec. 9. Section 12-810 of the general statutes is repealed and the 509 following is substituted in lieu thereof (Effective July 1, 2019): 510 (a) The Freedom of Information Act, as defined in section 1-200, 511 shall apply to all actions, meetings and records of the corporation, 512 except (1) where otherwise limited by subsection (c) of this section as 513 to new lottery games and serial numbers of unclaimed lottery tickets, 514 [and] (2) with respect to financial, credit and proprietary information 515 submitted by any person to the corporation in connection with any 516 proposal to provide goods, services or professional advice to the 517 corporation as provided in section 12-815, and (3) as provided in 518 subsection (d) of this section. 519 (b) The records of proceedings as provided in subsection (a) of 520 section 12-805 shall be subject to disclosure pursuant to the provisions 521 of subsection (a) of section 1-210. 522 (c) Any new lottery game and the procedures for such game, until 523 the game is publicly announced by the corporation, and any serial 524 number of an unclaimed lottery ticket shall not be deemed public 525 records, as defined in section 1-200, and shall not be available to the 526 public under the provisions of section 1-210. The president shall 527 submit a fiscal note prepared by the corporation with respect to the 528 Raised Bill No. 7331 LCO No. 5506 18 of 21 procedures for a new lottery game to the joint standing committees of 529 the General Assembly having cognizance of matters relating to finance, 530 revenue, bonding and public safety after approval of such game by the 531 board. 532 (d) The name and any personally identifying information of a 533 person who is participating in or has participated in the corporation's 534 sports wagering voluntary self-exclusion process established in 535 subdivision (2) of subsection (f) of section 1 of this act or subdivision 536 (2) of subsection (g) of section 1 of this act shall not be deemed public 537 records, as defined in section 1-200, and shall not be available to the 538 public under the provisions of section 1-210. The president may 539 disclose the name and any records of such person if such person claims 540 a winning from placing a sports wager. 541 Sec. 10. Subdivision (1) of subsection (a) of section 12-578f of the 542 general statutes is repealed and the following is substituted in lieu 543 thereof (Effective July 1, 2019): 544 (1) "Authorized games" means any game of chance, including, but 545 not limited to, blackjack, poker, dice, money-wheels, roulette, baccarat, 546 chuck-a-luck, pan game, over and under, horse race game, acey-deucy, 547 beat the dealer, bouncing ball, video facsimile game and any other 548 game of chance authorized by the Commissioner of Consumer 549 Protection. "Authorized games" does not include sports wagering, as 550 defined in subsection (a) of section 1 of this act; 551 Sec. 11. Subsection (b) of section 12-578aa of the general statutes is 552 repealed and the following is substituted in lieu thereof (Effective July 553 1, 2019): 554 (b) The provisions of this section shall not be effective unless the 555 following conditions have been met: 556 (1) The Governor enters into [amendments to the Mashantucket 557 Pequot procedures and to the Mashantucket Pequot memorandum of 558 understanding with the Mashantucket Pequot Tribe and amendments 559 Raised Bill No. 7331 LCO No. 5506 19 of 21 to the Mohegan compact and to the Mohegan memorandum of 560 understanding with the Mohegan Tribe of Indians of Connecticut 561 concerning the authorization of fantasy contests in the state] tribal-562 state compacts with the Mashantucket Pequot Tribe and the Mohegan 563 Tribe of Indians of Connecticut pursuant to the federal Indian Gaming 564 Regulatory Act, P.L. 100-497, 25 USC 2710(d)(3) concerning the 565 authorization of fantasy contests. Any such tribal-state compact shall: 566 (A) Allow each tribe to offer fantasy contests on Indian lands, (B) 567 provide that the authorization of fantasy contests in this state does not 568 relieve each tribe from the tribe's obligation to contribute a percentage 569 of the gross operating revenues of video facsimile games to the state as 570 provided in the Mashantucket Pequot memorandum of understanding 571 and the Mohegan memorandum of understanding, as the case may be, 572 and (C) provide that the authorization of fantasy contests in this state 573 does not terminate the moratoria on the operation of video facsimile 574 games by the tribes pursuant to section 15(a) of the Mashantucket 575 Pequot procedures and section 15(a) of the Mohegan compact. 576 [(2) The amendments to the Mashantucket Pequot procedures and 577 the Mohegan compact shall include a provision that the authorization 578 of fantasy contests in the state does not terminate the moratorium 579 against the operation of video facsimile games by the Mashantucket 580 Pequot Tribe and Mohegan Tribe of Indians of Connecticut on each 581 tribe's reservation. 582 (3) The amendments to each tribe's memorandum of understanding 583 shall include a provision that the authorization of fantasy contests in 584 the state does not relieve each tribe from each tribe's obligation to 585 contribute a percentage of the gross operating revenues of video 586 facsimile games to the state as provided in each tribe's memorandum 587 of understanding.] 588 [(4)] (2) The [amendments to the Mashantucket Pequot procedures, 589 the Mashantucket Pequot memorandum of understanding, the 590 Mohegan compact and the Mohegan memorandum of understanding] 591 tribal-state compacts entered into under subdivision (1) of this 592 Raised Bill No. 7331 LCO No. 5506 20 of 21 subsection are approved or deemed approved by the Secretary of the 593 United States Department of the Interior pursuant to the federal Indian 594 Gaming Regulatory Act, P.L. 100-497, 25 USC 2701 et seq., and its 595 implementing regulations. If such approval is overturned by a court in 596 a final judgment, which is not appealable, the authorization for fantasy 597 contests provided under this section shall cease to be effective. 598 [(5)] (3) The [amendments to the Mashantucket Pequot procedures 599 and to the Mohegan compact] tribal-state compacts entered into under 600 subdivision (1) of this subsection are approved by the General 601 Assembly pursuant to section 3-6c. 602 [(6) The amendments to the Mashantucket Pequot memorandum of 603 understanding and to the Mohegan memorandum of understanding 604 are approved by the General Assembly pursuant to the process 605 described in section 3-6c.] 606 Sec. 12. (NEW) (Effective July 1, 2019) (a) The Commissioner of 607 Economic and Community Development shall seek partnerships with 608 professional sports leagues and governing bodies to promote sports 609 activities and economic development in this state. The commissioner 610 shall contact representatives of Major League Baseball, the Professional 611 Golfers' Association, the Ladies Professional Golf Association, the 612 National Basketball Association, the National Hockey League, the 613 National Football League, Major League Soccer, the National Women's 614 Soccer League and any other professional sports league or governing 615 body the commissioner identifies. The commissioner may consult with 616 members of the General Assembly, business leaders, municipal leaders 617 and other interested stakeholders in developing partnerships with 618 professional sports leagues or governing bodies. The commissioner 619 shall set a goal of scheduling at least three major league professional 620 sports events in the state each year, at locations that reflect the 621 geographic and demographic diversity of the state. 622 (b) Not later than July 1, 2020, and annually thereafter, the 623 commissioner shall submit a report, in accordance with the provisions 624 Raised Bill No. 7331 LCO No. 5506 21 of 21 of section 11-4a of the general statutes, to the joint standing committee 625 of the General Assembly having cognizance of matters relating to 626 public safety and security and commerce concerning the 627 commissioner's activities during the preceding year in developing 628 partnerships with professional sports leagues and governing bodies 629 and scheduling events in the state. 630 Sec. 13. Section 12-565a of the general statutes is repealed. (Effective 631 July 1, 2019) 632 This act shall take effect as follows and shall amend the following sections: Section 1 July 1, 2019 New section Sec. 2 July 1, 2019 New section Sec. 3 July 1, 2019 12-577 Sec. 4 July 1, 2019 12-811(b) Sec. 5 July 1, 2019 12-812(c) Sec. 6 July 1, 2019 53-278a(2) Sec. 7 July 1, 2019 53-278a(4) Sec. 8 July 1, 2019 12-561 Sec. 9 July 1, 2019 12-810 Sec. 10 July 1, 2019 12-578f(a)(1) Sec. 11 July 1, 2019 12-578aa(b) Sec. 12 July 1, 2019 New section Sec. 13 July 1, 2019 Repealer section Statement of Purpose: To authorize sports wagering in the state if certain conditions are met and to require the Commissioner of Economic and Community Development to seek partnerships with professional sports leagues and governing bodies. [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]