Connecticut 2021 Regular Session

Connecticut House Bill HB06512 Latest Draft

Bill / Comm Sub Version Filed 04/12/2021

                             
 
LCO    \\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06512-R01-
HB.docx  
1 of 10 
  
General Assembly  Substitute Bill No. 6512  
January Session, 2021 
 
 
 
 
 
AN ACT CONCERNING CO NSUMER PROTECTIONS F OR SPORTS 
WAGERING.  
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. (NEW) (Effective from passage) (a) For purposes of this 1 
section: 2 
(1) "Electronic wagering platform" means the combination of 3 
hardware, software and data networks used to manage, administer, 4 
offer or control online sports wagering, including through an Internet 5 
web site or a mobile device application; 6 
(2) "Sporting event" means (A) any sporting or athletic event at which 7 
two or more persons participate and receive compensation in excess of 8 
actual expenses for such participation in such sporting or athletic event, 9 
(B) any sporting or athletic event sponsored by an intercollegiate athletic 10 
program of an institution of higher education, or (C) e-sports. "Sporting 11 
event" does not include horse racing or any sporting or athletic event 12 
sponsored by a minor league or high school; 13 
(3) "Sports governing body" means the organization that prescribes 14 
final rules and enforces codes of conduct with respect to a sporting event 15 
and participants in the sporting event; and 16  Substitute Bill No. 6512 
 
 
LCO    {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06512-
R01-HB.docx }   
2 of 10 
 
(4) "Sports wagering" means risking or accepting any money, credit, 17 
deposit or other thing of value for gain contingent in whole or in part 18 
on (A) a sporting event or a portion of a sporting event, or (B) the 19 
individual performance statistics of an athlete in a sporting event or a 20 
combination of sporting events. "Sports wagering" does not include the 21 
payment of an entry fee to play fantasy contests, as defined in section 22 
12-578aa of the general statutes. 23 
(b) (1) No individual shall place a wager on a sporting event with an 24 
operator of sports wagering unless such individual is at least twenty-25 
one years of age and is physically present in this state when placing such 26 
wager. 27 
(2) No individual who is an operator of sports wagering or an 28 
electronic wagering platform or an officer, a director, an owner or an 29 
employee with the ability to influence the sports wagering operations of 30 
such an operator, and no family member of such individual who resides 31 
in the same household as such individual, shall place any wager on a 32 
sporting event with an operator of sports wagering. 33 
(3) No athlete, coach or referee who takes part in a sporting event 34 
overseen by a sports governing body; employee of a sports governing 35 
body holding a position that may allow such employee to exert 36 
influence over participants in a sporting event; owner or employee of a 37 
sports governing body's member teams; or personnel of any bargaining 38 
unit of a sports governing body's athletes or referees, shall place a wager 39 
on any sporting event overseen by such governing body or hold an 40 
ownership interest in, or exert control over, any operator of sports 41 
wagering. In determining which individuals are prohibited from 42 
placing a wager under this subdivision, an operator of sports wagering 43 
shall use any information known by the operator, including any lists 44 
provided by the relevant sports governing body or the Department of 45 
Consumer Protection. 46 
(4) No individual with access to nonpublic, confidential information 47 
that could affect the outcome of a sporting event shall place any wager 48  Substitute Bill No. 6512 
 
 
LCO    {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06512-
R01-HB.docx }   
3 of 10 
 
on such sporting event with any operator of sports wagering. 49 
(5) No individual shall place any sports wager as an agent or a proxy 50 
for another individual. 51 
(6) No operator of sports wagering may pay a prize to any individual 52 
who such operator knows is prohibited from placing a wager pursuant 53 
to this subsection. 54 
(c) Each operator of sports wagering shall: 55 
(1) Verify that an individual placing a wager on a sporting event 56 
through an electronic wagering platform is not prohibited from doing 57 
so pursuant to subsection (b) of this section; 58 
(2) Prohibit an individual from establishing more than one account 59 
and establish commercially and technologically reasonable measures to 60 
verify identity and ensure compliance with the provisions of this 61 
section; 62 
(3) Allow an individual to withdraw funds from such individual's 63 
account, and, at the individual's request, permanently close the account; 64 
(4) Publish all contractual terms, conditions and rules applicable to 65 
sports wagering (A) on such operator's sports wagering Internet web 66 
site or mobile application, if conducting online sports wagering, and (B) 67 
at any of such operator's facilities where sports wagering in person is 68 
conducted; 69 
(5) Develop and publish procedures allowing an individual to file a 70 
complaint with the operator in person, in writing, online or by other 71 
means about any aspect of the sports wagering conducted by such 72 
operator; 73 
(6) If conducting online sports wagering, conspicuously display on 74 
such operator's sports wagering Internet web site or mobile application: 75 
(A) A link to the protections afforded individuals by the provisions 76  Substitute Bill No. 6512 
 
 
LCO    {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06512-
R01-HB.docx }   
4 of 10 
 
of this section; 77 
(B) A link to responsible gambling information; 78 
(C) A toll-free telephone number an individual may use to obtain 79 
information about problem gambling; 80 
(D) A link to information about the self-exclusion process described 81 
in subsection (f) of this section; 82 
(E) A clear display or periodic pop-up message of the amount of time 83 
an individual has spent on the operator's Internet web site or mobile 84 
application; 85 
(F) A means to initiate a break in play to discourage excessive play; 86 
and 87 
(G) A clear display of the amount of money available in the account 88 
of the individual who is placing wagers. 89 
(d) Each operator of sports wagering shall maintain the security of 90 
wagering data, data concerning individuals placing wagers on sporting 91 
events and other confidential information to prevent unauthorized 92 
access to, and dissemination of, such data and information. An operator 93 
of sports wagering shall not disclose or sell any wagering information 94 
concerning an individual placing wagers on sporting events with such 95 
operator, and shall not disclose records that directly or indirectly 96 
identify such an individual or such individual's gambling habits, except 97 
that such operator shall regularly share records, at the account level and 98 
in pseudonymous form, with the Department of Consumer Protection 99 
with respect to wagers on sporting events placed with such operator. 100 
(e) Each operator of sports wagering shall develop and publish a 101 
policy on responsible gambling, which shall, at a minimum, require the 102 
operator to: 103 
(1) Track its sports wagering activity at the account level; 104  Substitute Bill No. 6512 
 
 
LCO    {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06512-
R01-HB.docx }   
5 of 10 
 
(2) Provide training to employees to allow them to identify 105 
individuals placing sports wagers who have problems with gambling; 106 
and 107 
 (3) Provide guidelines on how employees can respond appropriately 108 
to an individual who (A) is in crisis or distress due to problem gambling, 109 
(B) discloses that he or she may have a problem with gambling, and (C) 110 
shares information about another individual who may have a problem 111 
with gambling. 112 
(f) (1) Each operator of sports wagering shall allow any individual to 113 
exclude himself or herself from placing a sports wager or limit the 114 
amount of money such individual may use to place sports wagers with 115 
such operator, and, on and after the date the operator is notified by such 116 
individual of such exclusion or limit, shall take reasonable steps to 117 
prevent such individual from placing sports wagers or exceeding such 118 
limit, as the case may be. During the time period applicable to any such 119 
exclusion from placing a sports wager or limit on the amount of money 120 
an individual may use to place sports wagers with an operator of sports 121 
wagering, such operator, (A) may, at the request of the individual, 122 
extend the time period of such exclusion or limit, or decrease the amount 123 
of such limit, and (B) may not reduce the time period of such exclusion 124 
or limit or increase the amount of such limit. 125 
(2) Each operator of sports wagering shall publish information on the 126 
provisions of this subsection and how an individual may exclude 127 
himself or herself from placing a sports wager or limit the amount of 128 
money such individual may use to place sports wagers with such 129 
operator. The operator shall conspicuously display such information (A) 130 
at any facility where such operator conducts sports wagering in person, 131 
and (B) on the operator's sports wagering Internet web site or mobile 132 
application, if the operator conducts online sports wagering. 133 
(g) No operator of sports wagering may, as a condition of placing a 134 
wager with such operator, require any individual to waive any 135 
provision of this section or the right to pursue legal action or file a 136  Substitute Bill No. 6512 
 
 
LCO    {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06512-
R01-HB.docx }   
6 of 10 
 
complaint with the Department of Consumer Protection. 137 
(h) No advertisement of sports wagering may: (1) Depict an 138 
individual under twenty-one years of age, unless such individual is a 139 
professional athlete or a collegiate athlete who, pursuant to an 140 
agreement with the advertiser, is able to profit from the use of his or her 141 
name and likeness; (2) be aimed exclusively or primarily at individuals 142 
under twenty-one years of age; (3) promote irresponsible or excessive 143 
participation in sports wagering; or (4) misrepresent the chances of 144 
winning or be misleading about the outcomes of sports wagering. Each 145 
advertisement of sports wagering shall include information concerning 146 
assistance that is available for individuals who have, or are at risk of 147 
having, problems with gambling. 148 
(i) Each operator of sports wagering shall take reasonable steps to 149 
prevent the conduct prohibited under this section and to comply with 150 
any regulations adopted pursuant to subsection (k) of this section. 151 
(j) (1) Each operator of sports wagering shall immediately report to 152 
the Commissioner of Consumer Protection any information relating to 153 
(A) criminal or disciplinary proceedings commenced against such 154 
operator or an employee of such operator in connection with its 155 
operations, (B) abnormal wagering activity or patterns that the operator 156 
believes may indicate a concern with the integrity of a sporting event, 157 
(C) any other conduct that corrupts the wagering outcome of a sporting 158 
event for purposes of financial gain, including match-fixing, and (D) 159 
suspicious or illegal wagering activities, including the use of funds 160 
derived from illegal activity to place a wager, the placing of a wager to 161 
conceal funds derived from illegal activity, the use of an agent or a proxy 162 
to place a wager or the use of false identification to place a wager. 163 
(2) The Commissioner of Consumer Protection may share with the 164 
relevant sports governing body any information relating to conduct 165 
described under subparagraphs (B) and (C) of subdivision (1) of this 166 
subsection. 167  Substitute Bill No. 6512 
 
 
LCO    {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06512-
R01-HB.docx }   
7 of 10 
 
(k) The Commissioner of Consumer Protection shall adopt 168 
regulations, in accordance with the provisions of chapter 54 of the 169 
general statutes, including emergency regulations pursuant to section 4-170 
168 of the general statutes, to implement the provisions of this section 171 
and as necessary to protect the public interest in the integrity of sports 172 
wagering and reduce the dangers of unsuitable, unfair or illegal 173 
practices, methods and activities in the conduct of sports wagering. 174 
Such regulations shall include, but need not be limited to, provisions 175 
regarding: (1) The types of sporting events upon which sports wagers 176 
may be placed or accepted; (2) the minimum amount of cash reserves to 177 
be maintained by operators of sports wagering; (3) the acceptance of 178 
wagers on a series of sporting events; (4) the maximum wagers which 179 
may be accepted by an operator of sports wagering from any one 180 
individual on any one sporting event; (5) the type of wagering tickets 181 
which shall be used; (6) the method of issuing tickets; (7) minimum 182 
accounting standards for an operator of sports wagering; (8) the types 183 
of records which shall be maintained by an operator of sports wagering 184 
and available for inspection upon the request of the commissioner; (9) 185 
requirements for information and reports from an operator of sports 186 
wagering to enable effective auditing of such an operator; (10) 187 
requirements for establishing and funding a sports wagering account; 188 
(11) minimum qualifications for a provider of sporting events data; (12) 189 
minimum requirements to ensure the security and integrity of an 190 
electronic wagering platform and collection of information and reports 191 
to enable effective oversight; (13) the regular sharing of account level 192 
records with the department; (14) displays and messages on an 193 
operator's sports wagering Internet web site or mobile application 194 
aimed at combatting problem gambling; and (15) the advertising of 195 
sports betting, including to ensure compliance with the requirements of 196 
subsection (h) of this section and to require inclusion of information 197 
about gambling addiction or links to Internet web sites to resources 198 
related to gambling addiction. 199 
(l) The provisions of this section shall not be effective until (1) an 200 
authorization to operate sports wagering outside of Indian lands, as 201  Substitute Bill No. 6512 
 
 
LCO    {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06512-
R01-HB.docx }   
8 of 10 
 
defined in the Indian Gaming Regulatory Act, 25 USC 2703(4), is 202 
effective pursuant to any provision of the general statutes or a public or 203 
special act, and (2) the regulations required by subsection (k) of this 204 
section are effective. 205 
Sec. 2. (Effective from passage) (a) The Department of Consumer 206 
Protection shall, not later than October 1, 2021, issue a request for 207 
proposals for a consultant to conduct a study of the Connecticut Lottery 208 
Corporation, established pursuant to section 12-802 of the general 209 
statutes. The study shall include an examination of the organizational 210 
structure, operations and finances of the corporation and the regulatory 211 
relationship between the corporation, the corporation's board of 212 
directors and the department. The consultant's report may include 213 
recommendations to: 214 
(1) Improve the security and integrity of lottery games and any other 215 
forms of gaming conducted by the corporation; 216 
(2) Create a culture within the corporation that encourages 217 
compliance with the statutes and regulations governing the corporation 218 
and its activities; 219 
(3) Promote transparency and accountability to the public in the 220 
corporation's operations and activities; 221 
(4) Improve the corporation's internal operations, in order to enhance 222 
revenue, promote innovation, appropriately invest in staff development 223 
and focus on technological enhancements, security and gaming 224 
integrity and customer service; 225 
(5) Use metrics to regularly review the performance of the president 226 
and other executive staff of the corporation to promote transparency, 227 
improved communications, customer service and regulatory 228 
compliance in the corporation's operations; 229 
(6) Strengthen and improve the regulatory oversight of the 230 
department; 231  Substitute Bill No. 6512 
 
 
LCO    {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06512-
R01-HB.docx }   
9 of 10 
 
(7) Strengthen communication and transparency between the board, 232 
corporation and department; and 233 
(8) Develop a strategic plan focusing on the corporation's internal 234 
operations, investment in technology and system security, revenue 235 
growth, customer service, relationships with lottery retailers, portfolio 236 
of gaming activities, responsible gambling education and outreach, 237 
innovation, gaming integrity and regulatory compliance. 238 
(b) In selecting a consultant, the department shall give preference to 239 
a person responding to the request for proposals who has: 240 
(1) A demonstrated understanding of how laws and regulations 241 
affect corporate culture and operations; 242 
(2) Experience in creating and maintaining a business culture that 243 
ensures regulatory compliance, including an understanding of how 244 
corporate managers and board members can use different strategies to 245 
encourage such a culture; 246 
(3) Familiarity with lottery operations; and 247 
(4) Experience analyzing business management and operational 248 
structures, including an ability to assess a corporation's financial 249 
commitment to staff development, security and technological 250 
safeguards and innovation. 251 
(c) Not later than October 1, 2022, the consultant shall submit a report 252 
of its recommendations to the department, the corporation and, in 253 
accordance with the provisions of section 11-4a of the general statutes, 254 
the joint standing committee of the General Assembly having 255 
cognizance of matters relating to public safety and security. 256 
Sec. 3. Section 12-565a of the general statutes is repealed. (Effective 257 
from passage) 258  Substitute Bill No. 6512 
 
 
LCO    {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06512-
R01-HB.docx }   
10 of 10 
 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 from passage New section 
Sec. 2 from passage New section 
Sec. 3 from passage Repealer section 
 
Statement of Legislative Commissioners:   
In Section 1(e)(3), "person" was changed to "individual" for consistency 
with the other provisions of the subdivision. 
 
PS Joint Favorable Subst.