| 8 | 21 | | so as to authorize and provide for the regulation and taxation of sports betting in this state;2 |
|---|
| 9 | 22 | | to provide for additional powers and duties of the Georgia Lottery Corporation; to change3 |
|---|
| 10 | 23 | | certain provisions relating to the shortfall reserves maintained within the Lottery for4 |
|---|
| 11 | 24 | | Education Account; to provide for the corporation to engage in certain activities related to5 |
|---|
| 12 | 25 | | sports betting; to provide for a short title; to provide for legislative findings; to revise and6 |
|---|
| 13 | 26 | | provide for definitions; to provide for the corporation's powers and duties relative to sports7 |
|---|
| 14 | 27 | | betting; to provide for the procedures, limitations, requirements, and qualifications of the8 |
|---|
| 15 | 28 | | licensing of any person offering, operating, or managing sports betting in this state; to9 |
|---|
| 16 | 29 | | provide for rules and regulations promulgated by the corporation; to provide for a privilege10 |
|---|
| 17 | 30 | | tax; to require certain reports; to regulate wagers and provide requirements for bettors; to11 |
|---|
| 18 | 31 | | provide for bettors to restrict themselves from placing certain wagers; to provide certain12 |
|---|
| 19 | 32 | | resources for individuals with problem gambling or a betting or gambling disorder; to13 |
|---|
| 20 | 33 | | provide for the collection and disposition of fees and fines; to prohibit certain conduct by the14 |
|---|
| 21 | 34 | | corporation, employees of the corporation, licensees, and other persons; to provide for certain15 |
|---|
| 22 | 35 | | penalties; to provide for construction; to amend Part 1 of Article 2 of Chapter 12 of Title 1616 |
|---|
| 23 | 36 | | of the Official Code of Georgia Annotated, relating to gambling, so as to exclude any17 |
|---|
| 60 | 77 | | (19) To perform any actions and carry out any responsibilities provided for in Article 450 |
|---|
| 61 | 78 | | of this chapter; and51 |
|---|
| 62 | 79 | | (19)(20) To adopt and amend such regulations, policies, and procedures as necessary to52 |
|---|
| 63 | 80 | | carry out and implement its powers and duties, organize and operate the corporation,53 |
|---|
| 64 | 81 | | regulate the conduct of lottery games in general, and any other matters necessary or54 |
|---|
| 65 | 82 | | desirable for the efficient and effective operation of the lottery or the convenience of the55 |
|---|
| 66 | 83 | | public. The promulgation of any such regulations, policies, and procedures shall be56 |
|---|
| 67 | 84 | | exempt from the requirements of Chapter 13 of this title, the 'Georgia Administrative57 |
|---|
| 68 | 85 | | Procedure Act.'"58 |
|---|
| 69 | 86 | | SECTION 1-3.59 |
|---|
| 70 | 87 | | Said title is further amended in Code Section 50-27-13, relating to disposition of lottery60 |
|---|
| 71 | 88 | | proceeds, budget report by Governor, appropriations by General Assembly, and shortfall61 |
|---|
| 72 | 89 | | reserve subaccount, by revising paragraph (3) of subsection (b) as follows:62 |
|---|
| 73 | 90 | | "(3)(A) Beginning in Fiscal Year 2024, a A shortfall reserve shall be maintained within63 |
|---|
| 74 | 91 | | the Lottery for Education Account in an amount equal to at least 50 percent of net64 |
|---|
| 75 | 92 | | proceeds deposited into such account for the preceding fiscal year of the average65 |
|---|
| 76 | 93 | | amount of net proceeds deposited into such account for the preceding three fiscal years,66 |
|---|
| 77 | 94 | | hereinafter referred to as the minimum reserve. Beginning in Fiscal Year 2024 and for67 |
|---|
| 80 | 97 | | - 4 - |
|---|
| 81 | 98 | | fund balance exceeds the minimum reserve, an amount equal to 10 percent of the excess69 |
|---|
| 82 | 99 | | reserve funds, meaning the amount that the total reserve fund balance exceeds the70 |
|---|
| 83 | 100 | | minimum reserve, shall be appropriated for educational purposes and programs.71 |
|---|
| 84 | 101 | | (B) If the net proceeds paid into the Lottery for Education Account in any year are not72 |
|---|
| 85 | 102 | | sufficient to meet the amount appropriated for education educational purposes and73 |
|---|
| 86 | 103 | | programs, the shortfall reserve may be drawn upon to meet the deficiency and any74 |
|---|
| 87 | 104 | | amount so drawn may count for purposes of appropriations in subparagraph (A) of this75 |
|---|
| 88 | 105 | | paragraph.76 |
|---|
| 89 | 106 | | (C) If In the event the shortfall reserve is drawn upon and falls below 50 percent of the77 |
|---|
| 90 | 107 | | average amount of net proceeds deposited into such account for the preceding three78 |
|---|
| 91 | 108 | | fiscal year years, the shortfall reserve shall be replenished to the level required by79 |
|---|
| 92 | 109 | | subparagraph (A) of this paragraph in the next fiscal year and the lottery-funded lottery80 |
|---|
| 93 | 110 | | funded programs shall be reviewed and adjusted accordingly."81 |
|---|
| 94 | 111 | | PART II82 |
|---|
| 95 | 112 | | SECTION 2-1.83 |
|---|
| 96 | 113 | | Said title is further amended by adding a new article to Chapter 27, relating to the "Georgia84 |
|---|
| 97 | 114 | | Lottery for Education Act," to read as follows:85 |
|---|
| 98 | 115 | | "ARTICLE 486 |
|---|
| 99 | 116 | | Part 187 |
|---|
| 100 | 117 | | 50-27-120.88 |
|---|
| 101 | 118 | | This article shall be known and may be cited as the 'Georgia Lottery Game of Sports89 |
|---|
| 104 | 121 | | - 5 - |
|---|
| 105 | 122 | | 50-27-121.91 |
|---|
| 106 | 123 | | The General Assembly finds that:92 |
|---|
| 107 | 124 | | (1) Article I, Section II, Paragraph VIII(c) of the Constitution of the State of Georgia93 |
|---|
| 108 | 125 | | authorizes the General Assembly to provide by law for any matters relating to purposes94 |
|---|
| 109 | 126 | | or provisions of that subparagraph, which purposes and provisions include the operation95 |
|---|
| 110 | 127 | | and regulation of a lottery or lotteries and which purposes and provisions may encompass96 |
|---|
| 111 | 128 | | sports betting as a game or games offered by the Georgia Lottery Corporation;97 |
|---|
| 112 | 129 | | (2) Sports betting shall be overseen and regulated, and may also be offered, by the98 |
|---|
| 113 | 130 | | Georgia Lottery Corporation in a manner that provides continuing entertainment to the99 |
|---|
| 114 | 131 | | public, maximizes revenues, and ensures that sports betting is operated in this state with100 |
|---|
| 115 | 132 | | integrity and dignity and free of political influence;101 |
|---|
| 116 | 133 | | (3) The corporation shall be accountable to the General Assembly and to the public for102 |
|---|
| 117 | 134 | | the management and oversight of sports betting in this state through a system of audits103 |
|---|
| 118 | 135 | | and reports;104 |
|---|
| 119 | 136 | | (4) The ability to offer sports betting in this state under a license issued in accordance105 |
|---|
| 120 | 137 | | with this article constitutes a taxable privilege and not a right;106 |
|---|
| 121 | 138 | | (5) Net proceeds of sports betting conducted pursuant to this article shall be used for the107 |
|---|
| 122 | 139 | | purposes authorized by Article I, Section II, Paragraph VIII of the Constitution; and108 |
|---|
| 123 | 140 | | (6) In accordance with Code Section 50-27-2, sports betting shall be conducted in a109 |
|---|
| 124 | 141 | | manner so as to safeguard the fiscal soundness of the state, to enhance public welfare, and110 |
|---|
| 125 | 142 | | to support the funding authorized by Article I, Section II, Paragraph VIII of the111 |
|---|
| 126 | 143 | | Constitution.112 |
|---|
| 127 | 144 | | 50-27-122.113 |
|---|
| 131 | | - | (1) 'Adjusted gross income' means the total of all moneys paid to a licensee as bets minus115 |
|---|
| 132 | | - | federal excise taxes and minus the total amount paid out to winning bettors, including the116 |
|---|
| 133 | | - | cash value of merchandise.117 |
|---|
| 134 | | - | (2) 'Applicant' means any person that applies for a license under this article.118 |
|---|
| 135 | | - | (3) 'Bettor' means an individual who is:119 |
|---|
| 136 | | - | (A) Physically present in this state when placing a wager with a licensee;120 |
|---|
| 137 | | - | (B) Twenty-one years of age or older; and121 |
|---|
| 138 | | - | (C) Not prohibited from placing a wager or bet under Code Section 50-27-162.122 |
|---|
| 139 | | - | (4) 'Bond' means a bond held in escrow for the purpose of maintaining adequate reserves123 |
|---|
| 140 | | - | to account for losses suffered by a licensee and owed to bettors.124 |
|---|
| 141 | | - | (5) 'Cheating' means improving the chances of winning or altering the outcome through125 |
|---|
| 142 | | - | deception, interference, or manipulation of a sporting event or of any equipment,126 |
|---|
| 143 | | - | including software, pertaining to or used in relation to the equipment used for or in127 |
|---|
| 144 | | - | connection with the sporting event on which wagers are placed or invited. Such term128 |
|---|
| 145 | | - | shall include match fixing and attempts and conspiracy to cheat.129 |
|---|
| 146 | | - | (6) 'Collegiate sporting event' means a sporting or athletic event involving a sports or130 |
|---|
| 147 | | - | athletic team of a public or private institution of higher education.131 |
|---|
| 148 | | - | (7) 'Esports event' means an organized video game competition between players who132 |
|---|
| 149 | | - | play individually or as teams.133 |
|---|
| 150 | | - | (8) 'Fantasy or simulated contest' means a game or event in which one or more players134 |
|---|
| 151 | | - | compete based on winning outcomes that reflect the relative knowledge and skill of the135 |
|---|
| 152 | | - | players and are determined predominately by accumulated statistical results of the136 |
|---|
| 153 | | - | performance of individuals, including, but not limited to, athletes in sporting events.137 |
|---|
| 154 | | - | (9) 'Fixed-odds betting' means bets made at predetermined odds or on the spread where138 |
|---|
| 155 | | - | the return to the bettor is unaffected by any later change in odds or the spread.139 |
|---|
| 156 | | - | (10) 'Futures bet' means a wager made on the occurrence of an event in the future140 |
|---|
| 157 | | - | relating to a sporting event.141 23 LC 36 5535S |
|---|
| 158 | | - | H. B. 380 (SUB) |
|---|
| 150 | + | cash value of merchandise; and minus the monetary value of promotional play wagered117 |
|---|
| 151 | + | by authorized participants as an incentive to place wagers on sporting events or as a result118 |
|---|
| 152 | + | of their having placed sports bets.119 |
|---|
| 153 | + | (2) 'Applicant' means any person that applies for a license under this article.120 |
|---|
| 154 | + | (3) 'Bettor' means an individual who is:121 |
|---|
| 155 | + | (A) Physically present in this state when placing a wager with a licensee;122 |
|---|
| 156 | + | (B) Twenty-one years of age or older; and123 |
|---|
| 157 | + | (C) Not prohibited from placing a wager or bet under Code Section 50-27-162.124 |
|---|
| 158 | + | (4) 'Bond' means a bond held in escrow for the purpose of maintaining adequate reserves125 |
|---|
| 159 | + | to account for losses suffered by a licensee and owed to bettors.126 |
|---|
| 160 | + | (5) 'Cheating' means improving the chances of winning or altering the outcome through127 |
|---|
| 161 | + | deception, interference, or manipulation of a sporting event or of any equipment,128 |
|---|
| 162 | + | including software, pertaining to or used in relation to the equipment used for or in129 |
|---|
| 163 | + | connection with the sporting event on which wagers are placed or invited. Such term130 |
|---|
| 164 | + | shall include match fixing and attempts and conspiracy to cheat.131 |
|---|
| 165 | + | (6) 'Collegiate sporting event' means a sporting or athletic event involving a sports or132 |
|---|
| 166 | + | athletic team of a public or private institution of higher education.133 |
|---|
| 167 | + | (7) 'Esports event' means an organized video game competition between players who134 |
|---|
| 168 | + | play individually or as teams.135 |
|---|
| 169 | + | (8) 'Fantasy or simulated contest' means a game or event in which one or more players136 |
|---|
| 170 | + | compete based on winning outcomes that reflect the relative knowledge and skill of the137 |
|---|
| 171 | + | players and are determined predominately by accumulated statistical results of the138 |
|---|
| 172 | + | performance of individuals, including, but not limited to, athletes in sporting events.139 |
|---|
| 173 | + | (9) 'Fixed-odds betting' means bets made at predetermined odds or on the spread where140 |
|---|
| 174 | + | the return to the bettor is unaffected by any later change in odds or the spread.141 |
|---|
| 175 | + | (10) 'Futures bet' means a wager made on the occurrence of an event in the future142 |
|---|
| 176 | + | relating to a sporting event.143 23 LC 36 5434 |
|---|
| 177 | + | H. B. 380 |
|---|
| 160 | | - | (11) 'Institutional investor' means:142 |
|---|
| 161 | | - | (A) A retirement fund administered by a public agency for the exclusive benefit of143 |
|---|
| 162 | | - | federal, state, or local public employees;144 |
|---|
| 163 | | - | (B) An investment company registered under the Investment Company Act of 1940;145 |
|---|
| 164 | | - | (C) A chartered or licensed life insurance company or property and casualty insurance146 |
|---|
| 165 | | - | company;147 |
|---|
| 166 | | - | (D) A banking and other chartered or licensed lending institution;148 |
|---|
| 167 | | - | (E) An investment advisor registered under the Investment Advisers Act of 1940; or149 |
|---|
| 168 | | - | (F) A pension investment board.150 |
|---|
| 169 | | - | (12) 'License' means any of the licenses issued by the corporation under this article.151 |
|---|
| 170 | | - | (13) 'Licensee' means a person that holds a license issued by the corporation under this152 |
|---|
| 171 | | - | article.153 |
|---|
| 172 | | - | (14) 'Master sports betting licensee' means the Georgia Lottery Corporation.154 |
|---|
| 173 | | - | (15) 'Material nonpublic information' means information that has not been disseminated155 |
|---|
| 174 | | - | publicly concerning an athlete, contestant, prospective contestant, or athletic team,156 |
|---|
| 175 | | - | including, without limitation, confidential information related to medical conditions or157 |
|---|
| 176 | | - | treatment, physical or mental health or conditioning, physical therapy or recovery,158 |
|---|
| 177 | | - | discipline, sanctions, academic status, education records, eligibility, playbooks, signals,159 |
|---|
| 178 | | - | schemes, techniques, game plans, practices, strategies, assessments, systems, drills, or160 |
|---|
| 179 | | - | recordings of practices or other athletic activities.161 |
|---|
| 180 | | - | (16) 'Minor' means an individual who is less than 21 years of age.162 |
|---|
| 181 | | - | (17) 'Money line' means the fixed odds in relation to a dollar amount that a team or163 |
|---|
| 182 | | - | person participating in a sporting event will win outright regardless of the spread.164 |
|---|
| 183 | | - | (18) 'Official event data' means statistics, results, outcomes, and other data related to a165 |
|---|
| 184 | | - | sporting event obtained pursuant to an agreement with the relevant sporting events166 |
|---|
| 185 | | - | operator whose corporate headquarters is based in the United States or an entity expressly167 23 LC 36 5535S |
|---|
| 186 | | - | H. B. 380 (SUB) |
|---|
| 179 | + | (11) 'Institutional investor' means:144 |
|---|
| 180 | + | (A) A retirement fund administered by a public agency for the exclusive benefit of145 |
|---|
| 181 | + | federal, state, or local public employees;146 |
|---|
| 182 | + | (B) An investment company registered under the Investment Company Act of 1940;147 |
|---|
| 183 | + | (C) A chartered or licensed life insurance company or property and casualty insurance148 |
|---|
| 184 | + | company;149 |
|---|
| 185 | + | (D) A banking and other chartered or licensed lending institution;150 |
|---|
| 186 | + | (E) An investment advisor registered under the Investment Advisers Act of 1940; or151 |
|---|
| 187 | + | (F) A pension investment board.152 |
|---|
| 188 | + | (12) 'License' means any of the licenses issued by the corporation under this article.153 |
|---|
| 189 | + | (13) 'Licensee' means a person that holds a license issued by the corporation under this154 |
|---|
| 190 | + | article.155 |
|---|
| 191 | + | (14) 'Master sports betting licensee' means the Georgia Lottery Corporation.156 |
|---|
| 192 | + | (15) 'Material nonpublic information' means information that has not been disseminated157 |
|---|
| 193 | + | publicly concerning an athlete, contestant, prospective contestant, or athletic team,158 |
|---|
| 194 | + | including, without limitation, confidential information related to medical conditions or159 |
|---|
| 195 | + | treatment, physical or mental health or conditioning, physical therapy or recovery,160 |
|---|
| 196 | + | discipline, sanctions, academic status, education records, eligibility, playbooks, signals,161 |
|---|
| 197 | + | schemes, techniques, game plans, practices, strategies, assessments, systems, drills, or162 |
|---|
| 198 | + | recordings of practices or other athletic activities.163 |
|---|
| 199 | + | (16) 'Minor' means an individual who is less than 21 years of age.164 |
|---|
| 200 | + | (17) 'Money line' means the fixed odds in relation to a dollar amount that a team or165 |
|---|
| 201 | + | person participating in a sporting event will win outright regardless of the spread.166 |
|---|
| 202 | + | (18) 'Official event data' means statistics, results, outcomes, and other data related to a167 |
|---|
| 203 | + | sporting event obtained pursuant to an agreement with the relevant sporting events168 |
|---|
| 204 | + | operator whose corporate headquarters is based in the United States or an entity expressly169 23 LC 36 5434 |
|---|
| 205 | + | H. B. 380 |
|---|
| 188 | | - | authorized by such sporting events operator to provide such information to licensees for168 |
|---|
| 189 | | - | purposes of determining the outcome of tier 2 sports wagers on such sporting event.169 |
|---|
| 190 | | - | (19) 'Official league data' means statistics, results, outcomes, and other data related to170 |
|---|
| 191 | | - | a sporting event obtained pursuant to an agreement with the relevant professional sports171 |
|---|
| 192 | | - | governing body whose corporate headquarters is based in the United States or an entity172 |
|---|
| 193 | | - | expressly authorized by such professional sports governing body to provide such173 |
|---|
| 194 | | - | information to licensees for purposes of determining the outcome of tier 2 sports wagers.174 |
|---|
| 195 | | - | (20) 'Online sports betting' means a wager on a sporting event that is placed via the175 |
|---|
| 196 | | - | internet through any electronic device and accepted through an online sports betting176 |
|---|
| 197 | | - | platform that is operated by a Type 1 sports betting licensee or such licensee's online177 |
|---|
| 198 | | - | sports betting services provider.178 |
|---|
| 199 | | - | (21) 'Online sports betting platform' means the combination of hardware, software, and179 |
|---|
| 200 | | - | data networks used to manage, administer, or control online sports betting and any180 |
|---|
| 201 | | - | associated wagers accessible by any electronic means.181 |
|---|
| 202 | | - | (22) 'Online sports betting services provider' means a person that contracts with the182 |
|---|
| 203 | | - | master sports betting licensee or a Type 1 sports betting licensee under Code Section183 |
|---|
| 204 | | - | 50-27-133 to operate online sports betting on behalf of such licensee and that is licensed184 |
|---|
| 205 | | - | by the corporation.185 |
|---|
| 206 | | - | (23) 'Over/under bet' means a single wager that predicts whether the combined score of186 |
|---|
| 207 | | - | the two persons or teams engaged in a sporting event will be lower or higher than a187 |
|---|
| 208 | | - | predetermined number.188 |
|---|
| 209 | | - | (24) 'Parlay bet' means a single wager that incorporates two or more individual bets for189 |
|---|
| 210 | | - | purposes of earning a higher payout if each bet incorporated within the wager wins.190 |
|---|
| 211 | | - | (25) 'Principal owner' means a person that owns an interest of 10 percent or more of the191 |
|---|
| 212 | | - | entity.192 23 LC 36 5535S |
|---|
| 213 | | - | H. B. 380 (SUB) |
|---|
| 207 | + | authorized by such sporting events operator to provide such information to licensees for170 |
|---|
| 208 | + | purposes of determining the outcome of tier 2 sports wagers on such sporting event.171 |
|---|
| 209 | + | (19) 'Official league data' means statistics, results, outcomes, and other data related to172 |
|---|
| 210 | + | a sporting event obtained pursuant to an agreement with the relevant professional sports173 |
|---|
| 211 | + | governing body whose corporate headquarters is based in the United States or an entity174 |
|---|
| 212 | + | expressly authorized by such professional sports governing body to provide such175 |
|---|
| 213 | + | information to licensees for purposes of determining the outcome of tier 2 sports wagers.176 |
|---|
| 214 | + | (20) 'Online sports betting' means a wager on a sporting event is placed via the internet177 |
|---|
| 215 | + | through any electronic device other than a Type 2 sports betting machine and accepted178 |
|---|
| 216 | + | through an online sports betting platform that is operated by a Type 1 sports betting179 |
|---|
| 217 | + | licensee or such licensee's online sports betting services provider.180 |
|---|
| 218 | + | (21) 'Online sports betting platform' means the combination of hardware, software, and181 |
|---|
| 219 | + | data networks used to manage, administer, or control online sports betting and any182 |
|---|
| 220 | + | associated wagers accessible by any electronic means.183 |
|---|
| 221 | + | (22) 'Online sports betting services provider' means a person that contracts with the184 |
|---|
| 222 | + | master sports betting licensee or a Type 1 sports betting licensee under Code Section185 |
|---|
| 223 | + | 50-27-133 to operate online sports betting on behalf of such licensee and that is licensed186 |
|---|
| 224 | + | by the corporation.187 |
|---|
| 225 | + | (23) 'Over/under bet' means a single wager that predicts whether the combined score of188 |
|---|
| 226 | + | the two persons or teams engaged in a sporting event will be lower or higher than a189 |
|---|
| 227 | + | predetermined number.190 |
|---|
| 228 | + | (24) 'Parlay bet' means a single wager that incorporates two or more individual bets for191 |
|---|
| 229 | + | purposes of earning a higher payout if each bet incorporated within the wager wins.192 |
|---|
| 230 | + | (25) 'Principal owner' means a person that owns an interest of 10 percent or more of the193 |
|---|
| 231 | + | entity.194 23 LC 36 5434 |
|---|
| 232 | + | H. B. 380 |
|---|
| 215 | | - | (26) 'Professional sporting event' means an athletic or sporting event involving at least193 |
|---|
| 216 | | - | two competitors who have the opportunity to receive compensation for participating in194 |
|---|
| 217 | | - | such event.195 |
|---|
| 218 | | - | (27) 'Professional sports governing body' means the organization, league, or association196 |
|---|
| 219 | | - | that oversees a sport and prescribes final rules and enforces codes of conduct with respect197 |
|---|
| 220 | | - | to such sport and participants therein.198 |
|---|
| 221 | | - | (28) 'Professional sports team' means a major league professional team:199 |
|---|
| 222 | | - | (A) Based in this state;200 |
|---|
| 223 | | - | (B) That plays baseball, football, men's basketball, soccer, or women's basketball; and201 |
|---|
| 224 | | - | (C) Whose regular season games have had the highest attendance for its respective202 |
|---|
| 225 | | - | sport during the past five years.203 |
|---|
| 226 | | - | (29) 'Proposition bet' means a wager on a single specific action, statistic, occurrence, or204 |
|---|
| 227 | | - | nonoccurrence to be determined during a sporting event and includes any such action,205 |
|---|
| 228 | | - | statistic, occurrence, or nonoccurrence that does not directly affect the final outcome of206 |
|---|
| 229 | | - | the sporting event to which it relates.207 |
|---|
| 230 | | - | (30) 'Relative' means a spouse, father, mother, son, daughter, grandfather, grandmother,208 |
|---|
| 231 | | - | brother, sister, uncle, aunt, cousin, nephew, niece, father-in-law, mother-in-law,209 |
|---|
| 232 | | - | son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother,210 |
|---|
| 233 | | - | stepson, stepdaughter, stepbrother, stepsister, half-brother, or half-sister.211 |
|---|
| 234 | | - | (31) 'Sporting event' means any:212 |
|---|
| 235 | | - | (A) Professional sporting or professional athletic event, including motor sports213 |
|---|
| 236 | | - | sanctioned by a national or international organization or association;214 |
|---|
| 237 | | - | (B) Collegiate sporting event;215 |
|---|
| 238 | | - | (C) Olympic sporting or athletic event;216 |
|---|
| 239 | | - | (D) Sporting or athletic event sanctioned by a national or international organization or217 |
|---|
| 240 | | - | association;218 |
|---|
| 241 | | - | (E) Sporting or athletic event conducted or organized by a sporting events operator;219 23 LC 36 5535S |
|---|
| 242 | | - | H. B. 380 (SUB) |
|---|
| 234 | + | (26) 'Professional sporting event' means an athletic or sporting event involving at least195 |
|---|
| 235 | + | two competitors who have the opportunity to receive compensation for participating in196 |
|---|
| 236 | + | such event.197 |
|---|
| 237 | + | (27) 'Professional sports governing body' means the organization, league, or association198 |
|---|
| 238 | + | that oversees a sport and prescribes final rules and enforces codes of conduct with respect199 |
|---|
| 239 | + | to such sport and participants therein.200 |
|---|
| 240 | + | (28) 'Professional sports team' means a major league professional team:201 |
|---|
| 241 | + | (A) Based in this state;202 |
|---|
| 242 | + | (B) That plays baseball, football, men's basketball, soccer, or women's basketball; and203 |
|---|
| 243 | + | (C) Whose regular season games have had the highest attendance for its respective204 |
|---|
| 244 | + | sport during the past five years.205 |
|---|
| 245 | + | (29) 'Proposition bet' means a wager on a single specific action, statistic, occurrence, or206 |
|---|
| 246 | + | nonoccurrence to be determined during a sporting event and includes any such action,207 |
|---|
| 247 | + | statistic, occurrence, or nonoccurrence that does not directly affect the final outcome of208 |
|---|
| 248 | + | the sporting event to which it relates. Proposition bets shall be offered only by a master209 |
|---|
| 249 | + | sports betting licensee, an online sports betting services provider that contracts with the210 |
|---|
| 250 | + | master sports betting licensee, or Type 1 licensees on online sports betting platforms.211 |
|---|
| 251 | + | (30) 'Relative' means a spouse, father, mother, son, daughter, grandfather, grandmother,212 |
|---|
| 252 | + | brother, sister, uncle, aunt, cousin, nephew, niece, father-in-law, mother-in-law,213 |
|---|
| 253 | + | son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother,214 |
|---|
| 254 | + | stepson, stepdaughter, stepbrother, stepsister, half-brother, or half-sister.215 |
|---|
| 255 | + | (31) 'Retail sports betting' means sports betting that is operated by a Type 2 sports216 |
|---|
| 256 | + | betting licensee in which a wager on a sporting event is placed by the bettor using217 |
|---|
| 257 | + | self-service or clerk operated terminals, while on the premises of a Type 2 sports betting218 |
|---|
| 258 | + | retail licensee.219 |
|---|
| 259 | + | (32) 'Sporting event' means any:220 23 LC 36 5434 |
|---|
| 260 | + | H. B. 380 |
|---|
| 244 | | - | (F) Esports event; or220 |
|---|
| 245 | | - | (G) Other event authorized by the corporation.221 |
|---|
| 246 | | - | Such term shall not include a nonprofessional or non-Olympic sporting or athletic event222 |
|---|
| 247 | | - | if the majority of the participants are under the age of 18.223 |
|---|
| 248 | | - | (32) 'Sporting events operator' means a person that conducts or organizes a sporting224 |
|---|
| 249 | | - | event for athletes or other participants that is not held or sanctioned as an official sporting225 |
|---|
| 250 | | - | event of a professional sports governing body.226 |
|---|
| 251 | | - | (33) 'Sports betting' means online sports betting.227 |
|---|
| 252 | | - | (34) 'Sports betting equipment' means any of the following that is directly used in228 |
|---|
| 253 | | - | connection with the operation of sports betting:229 |
|---|
| 254 | | - | (A) Any mechanical, electronic, or other device, mechanism, or equipment;230 |
|---|
| 255 | | - | (B) Any software, application, components, or other goods; or231 |
|---|
| 256 | | - | (C) Anything to be installed or used on a patron's personal electronic device.232 |
|---|
| 257 | | - | (35)(A) 'Sports betting supplier' means a person that provides sports betting equipment233 |
|---|
| 258 | | - | necessary for the creation of sports betting markets and the determination of bet234 |
|---|
| 259 | | - | outcomes, directly to any sporting events operator or applicant involved in the235 |
|---|
| 260 | | - | acceptance of bets, including any of the following:236 |
|---|
| 261 | | - | (i) Providers of data feeds and odds services;237 |
|---|
| 262 | | - | (ii) Internet platform providers;238 |
|---|
| 263 | | - | (iii) Risk management providers:239 |
|---|
| 264 | | - | (iv) Integrity monitoring providers; and240 |
|---|
| 265 | | - | (v) Other providers of sports betting supplier services as determined by the241 |
|---|
| 266 | | - | corporation.242 |
|---|
| 267 | | - | (B) Such term shall not include a professional sports governing body that:243 |
|---|
| 268 | | - | (i) Provides official league data concerning its own sporting event to a sports betting244 |
|---|
| 269 | | - | licensee solely on that basis; or245 23 LC 36 5535S |
|---|
| 270 | | - | H. B. 380 (SUB) |
|---|
| 262 | + | (A) Professional sporting or professional athletic event, including motor sports221 |
|---|
| 263 | + | sanctioned by a national or international organization or association;222 |
|---|
| 264 | + | (B) Collegiate sporting event;223 |
|---|
| 265 | + | (C) Olympic sporting or athletic event;224 |
|---|
| 266 | + | (D) Sporting or athletic event sanctioned by a national or international organization or225 |
|---|
| 267 | + | association;226 |
|---|
| 268 | + | (E) Sporting or athletic event conducted or organized by a sporting events operator;227 |
|---|
| 269 | + | (F) Esports event; or228 |
|---|
| 270 | + | (G) Other event authorized by the corporation.229 |
|---|
| 271 | + | Such term shall not include a nonprofessional or non-Olympic sporting or athletic event230 |
|---|
| 272 | + | if the majority of the participants are under the age of 18.231 |
|---|
| 273 | + | (33) 'Sporting events operator' means a person that conducts or organizes a sporting232 |
|---|
| 274 | + | event for athletes or other participants that is not held or sanctioned as an official sporting233 |
|---|
| 275 | + | event of a professional sports governing body.234 |
|---|
| 276 | + | (34) 'Sports betting' means placing one or more wagers for a sporting event.235 |
|---|
| 277 | + | (35) 'Sports betting equipment' means any of the following that is directly used in236 |
|---|
| 278 | + | connection with the operation of sports betting:237 |
|---|
| 279 | + | (A) Any mechanical, electronic, or other device, mechanism, or equipment, including238 |
|---|
| 280 | + | a self-service or clerk operated sports betting terminal;239 |
|---|
| 281 | + | (B) Any software, application, components, or other goods; or240 |
|---|
| 282 | + | (C) Anything to be installed or used on a patron's personal electronic device.241 |
|---|
| 283 | + | (36)(A) 'Sports betting supplier' means a person that provides sports betting equipment242 |
|---|
| 284 | + | necessary for the creation of sports betting markets and the determination of bet243 |
|---|
| 285 | + | outcomes, directly to any sporting events operator or applicant involved in the244 |
|---|
| 286 | + | acceptance of bets, including any of the following:245 |
|---|
| 287 | + | (i) Providers of data feeds and odds services;246 |
|---|
| 288 | + | (ii) Providers of Type 2 sports betting machines;247 23 LC 36 5434 |
|---|
| 289 | + | H. B. 380 |
|---|
| 272 | | - | (ii) Provides raw statistical match data to one or more designated and licensed246 |
|---|
| 273 | | - | suppliers of data feeds and odds services solely on that basis.247 |
|---|
| 274 | | - | (36) 'Spread' means the predicted scoring differential between two persons or teams248 |
|---|
| 275 | | - | engaged in a sporting event.249 |
|---|
| 276 | | - | (37) 'Supervisory employee' means a principal owner or employee having the authority250 |
|---|
| 277 | | - | to act on behalf of a licensee or whose judgment is relied upon to manage and advance251 |
|---|
| 278 | | - | the business operations of a licensee.252 |
|---|
| 279 | | - | (38) 'Tier 1 sports wager' means a sports wager that is determined solely by the final253 |
|---|
| 280 | | - | score or final outcome of the sporting event and is placed before the sporting event has254 |
|---|
| 281 | | - | begun.255 |
|---|
| 282 | | - | (39) 'Tier 2 sports wager' means a wager that is not a tier 1 sports wager.256 |
|---|
| 283 | | - | (40) 'Type 1 eligible entity' means any of the following:257 |
|---|
| 284 | | - | (A) Any professional sports team, or its designee;258 |
|---|
| 285 | | - | (B) A professional sports governing body that holds one or more sanctioned annual259 |
|---|
| 286 | | - | golf tournaments on a national tour of professional golf in this state, and has held one260 |
|---|
| 287 | | - | or more of the same or different sanctioned annual golf tournaments on a national tour261 |
|---|
| 288 | | - | of professional golf in this state for at least 30 years;262 |
|---|
| 289 | | - | (C) The owner of a facility in this state that has held an annual invitational golf263 |
|---|
| 290 | | - | tournament for professional and amateur golfers for at least 30 years;264 |
|---|
| 291 | | - | (D) The owner of a facility located in this state that hosts automobile races on a265 |
|---|
| 292 | | - | national association for stock car racing national tour or a wholly owned for-profit266 |
|---|
| 293 | | - | subsidiary of the owner of such a facility, if the owner is a nonprofit corporation or267 |
|---|
| 294 | | - | nonprofit organization; and268 |
|---|
| 295 | | - | (E) The Georgia Lottery Corporation.269 |
|---|
| 296 | | - | (41) 'Type 1 sports betting licensee' means the master sports betting licensee, an online270 |
|---|
| 297 | | - | sports betting services provider that contracts with the master sports betting licensee, or271 23 LC 36 5535S |
|---|
| 298 | | - | H. B. 380 (SUB) |
|---|
| 291 | + | (iii) Internet platform providers;248 |
|---|
| 292 | + | (iv) Risk management providers:249 |
|---|
| 293 | + | (v) Integrity monitoring providers; and250 |
|---|
| 294 | + | (vi) Other providers of sports betting supplier services as determined by the251 |
|---|
| 295 | + | corporation.252 |
|---|
| 296 | + | (B) Such term shall not include a professional sports governing body that:253 |
|---|
| 297 | + | (i) Provides official league data concerning its own sporting event to a sports betting254 |
|---|
| 298 | + | licensee solely on that basis; or255 |
|---|
| 299 | + | (ii) Provides raw statistical match data to one or more designated and licensed256 |
|---|
| 300 | + | suppliers of data feeds and odds services solely on that basis.257 |
|---|
| 301 | + | (37) 'Spread' means the predicted scoring differential between two persons or teams258 |
|---|
| 302 | + | engaged in a sporting event.259 |
|---|
| 303 | + | (38) 'Supervisory employee' means a principal owner or employee having the authority260 |
|---|
| 304 | + | to act on behalf of a licensee or whose judgment is relied upon to manage and advance261 |
|---|
| 305 | + | the business operations of a licensee.262 |
|---|
| 306 | + | (39) 'Tier 1 sports wager' means a sports wager that is determined solely by the final263 |
|---|
| 307 | + | score or final outcome of the sporting event and is placed before the sporting event has264 |
|---|
| 308 | + | begun.265 |
|---|
| 309 | + | (40) 'Tier 2 sports wager' means a wager that is not a tier 1 sports wager.266 |
|---|
| 310 | + | (41) 'Type 1 eligible entity' means any of the following:267 |
|---|
| 311 | + | (A) Any professional sports team, or its designee;268 |
|---|
| 312 | + | (B) A professional sports governing body that holds one or more sanctioned annual269 |
|---|
| 313 | + | golf tournaments on a national tour of professional golf in this state, and has held one270 |
|---|
| 314 | + | or more of the same or different sanctioned annual golf tournaments on a national tour271 |
|---|
| 315 | + | of professional golf in this state for at least 30 years;272 |
|---|
| 316 | + | (C) The owner of a facility in this state that has held an annual invitational golf273 |
|---|
| 317 | + | tournament for professional and amateur golfers for at least 30 years;274 23 LC 36 5434 |
|---|
| 318 | + | H. B. 380 |
|---|
| 300 | | - | a Type 1 eligible entity licensed or authorized by the corporation to directly or indirectly272 |
|---|
| 301 | | - | offer online sports betting.273 |
|---|
| 302 | | - | (42) 'Wager' or 'bet' means a sum of money that is risked by a bettor on the unknown274 |
|---|
| 303 | | - | outcome of one or more sporting events. Such term shall be limited to fixed-odds betting,275 |
|---|
| 304 | | - | futures bets, a tier 1 or tier 2 sports wager, a money line bet, an over/under bet, a parlay276 |
|---|
| 305 | | - | bet, a proposition bet, or a bet on the spread. Such term shall not include a pari-mutuel277 |
|---|
| 306 | | - | bet or wager or an entry fee paid to participate in a fantasy or simulated contest.278 |
|---|
| 307 | | - | 50-27-123.279 |
|---|
| 308 | | - | (a) The corporation shall have all powers and duties necessary to carry out the provisions280 |
|---|
| 309 | | - | of this article and to exercise the control of the lottery game of sports betting in this state281 |
|---|
| 310 | | - | as authorized by this article. Such powers and duties shall include, but shall not be limited282 |
|---|
| 311 | | - | to, the following:283 |
|---|
| 312 | | - | (1) To have jurisdiction, supervision, and regulatory authority over sports betting,284 |
|---|
| 313 | | - | including, but not limited to, regulation, licensure, and offering of sports betting on285 |
|---|
| 314 | | - | mobile applications available state wide via the internet and through a limited number of286 |
|---|
| 315 | | - | licenses to awarded to Type 1 sports betting licensees;287 |
|---|
| 316 | | - | (2) To have jurisdiction and supervision of all persons conducting, participating in, or288 |
|---|
| 317 | | - | attending any facility with sports betting;289 |
|---|
| 318 | | - | (3) To appoint and employ such persons as the corporation deems essential to perform290 |
|---|
| 319 | | - | its duties under this article and to ensure that such sports betting is conducted with order291 |
|---|
| 320 | | - | and the highest integrity. Such employees shall possess such authority and perform such292 |
|---|
| 321 | | - | duties as the corporation shall prescribe or delegate to them. Such employees shall be293 |
|---|
| 322 | | - | compensated as provided by the corporation;294 |
|---|
| 323 | | - | (4) To enter upon, investigate, and have free access to all places of business of any295 |
|---|
| 324 | | - | licensee under this article and to compel the production of any books, ledgers, documents,296 |
|---|
| 325 | | - | records, memoranda, or other information of any licensee to ensure such licensee's297 23 LC 36 5535S |
|---|
| 326 | | - | H. B. 380 (SUB) |
|---|
| 320 | + | (D) The owner of a facility located in this state that hosts automobile races on a275 |
|---|
| 321 | + | national association for stock car racing national tour or a wholly owned for-profit276 |
|---|
| 322 | + | subsidiary of the owner of such a facility, if the owner is a nonprofit corporation or277 |
|---|
| 323 | + | nonprofit organization; and278 |
|---|
| 324 | + | (E) The Georgia Lottery Corporation.279 |
|---|
| 325 | + | (42) 'Type 1 sports betting licensee' means the master sports betting licensee, an online280 |
|---|
| 326 | + | sports betting services provider that contracts with the master sports betting licensee, or281 |
|---|
| 327 | + | a Type 1 eligible entity licensed or authorized by the corporation to directly or indirectly282 |
|---|
| 328 | + | offer online sports betting.283 |
|---|
| 329 | + | (43) 'Type 2 eligible retail entity' means:284 |
|---|
| 330 | + | (A) The holder of a retail consumption dealer license or a retail dealer license issued285 |
|---|
| 331 | + | under Title 3 and who actively operates a place of business located in this state that286 |
|---|
| 332 | + | requires such retail consumption dealer license or retail dealer license; or287 |
|---|
| 333 | + | (B) The holder of a Class B machine location license issued by the corporation under288 |
|---|
| 334 | + | Chapter 27 of this title and who actively operates a place of business located in this289 |
|---|
| 335 | + | state that requires such Class B machine location license.290 |
|---|
| 336 | + | (44) 'Type 2 sports betting distributor licensee' means a person licensed or authorized by291 |
|---|
| 337 | + | the corporation to offer retail sports betting on behalf of the corporation.292 |
|---|
| 338 | + | (45) 'Type 2 sports betting machine' means a self-service or clerk operated electronic293 |
|---|
| 339 | + | machine approved by the corporation, including, but not limited to, Class B machines294 |
|---|
| 340 | + | licensed by the corporation under Article 3 of this chapter adapted to also function as a295 |
|---|
| 341 | + | self-service terminal.296 |
|---|
| 342 | + | (46) 'Type 2 sports betting platform licensee' means a sports betting platform operator297 |
|---|
| 343 | + | licensed or authorized by the corporation to offer retail sports betting on behalf of the298 |
|---|
| 344 | + | corporation at a Type 2 sports betting retail licensee's place of business through Type 2299 |
|---|
| 345 | + | sports betting machines owned by a Type 2 sports betting distributor licensee.300 23 LC 36 5434 |
|---|
| 346 | + | H. B. 380 |
|---|
| 328 | | - | compliance with the rules and regulations promulgated by the corporation pursuant to this298 |
|---|
| 329 | | - | article. Such rules and regulations shall be exempt from the requirements of Chapter 13299 |
|---|
| 330 | | - | of this title, the 'Georgia Administrative Procedure Act';300 |
|---|
| 331 | | - | (5) To promulgate any rules and regulations as the corporation deems necessary and301 |
|---|
| 332 | | - | proper to administer the provisions of this article; provided, however, that the initial rules302 |
|---|
| 333 | | - | and regulations governing sports betting shall be promulgated and adopted by the303 |
|---|
| 334 | | - | corporation within 90 days of the effective date of this article after an opportunity has304 |
|---|
| 335 | | - | been provided for public comment. The promulgation and adoption of such initial rules305 |
|---|
| 336 | | - | and regulations shall not be subject to Chapter 13 of this title, the 'Georgia Administrative306 |
|---|
| 337 | | - | Procedure Act';307 |
|---|
| 338 | | - | (6) To issue subpoenas for the attendance of witnesses before the corporation, administer308 |
|---|
| 339 | | - | oaths, and compel production of records or other documents and testimony of witnesses309 |
|---|
| 340 | | - | whenever, in the judgment of the corporation, it is necessary to do so for the effectual310 |
|---|
| 341 | | - | discharge of the duties of the corporation under this article;311 |
|---|
| 342 | | - | (7) To compel any person licensed by the corporation to file with the corporation such312 |
|---|
| 343 | | - | data, documents, and information as shall appear to the corporation to be necessary for313 |
|---|
| 344 | | - | the performance of the duties of the corporation under this article, including, but not314 |
|---|
| 345 | | - | limited to, financial statements and information relative to stockholders and all others315 |
|---|
| 346 | | - | with a pecuniary interest in such person;316 |
|---|
| 347 | | - | (8) To prescribe the manner in which books and records of persons licensed or permitted317 |
|---|
| 348 | | - | by the corporation under this article shall be kept;318 |
|---|
| 349 | | - | (9) To enter into arrangements with any foreign or domestic government or319 |
|---|
| 350 | | - | governmental agency for the purposes of exchanging information or performing any other320 |
|---|
| 351 | | - | act to better ensure the proper conduct of betting under this article;321 |
|---|
| 352 | | - | (10) To order such audits, in addition to those otherwise required by this article, as the322 |
|---|
| 353 | | - | corporation deems necessary and desirable;323 23 LC 36 5535S |
|---|
| 354 | | - | H. B. 380 (SUB) |
|---|
| 348 | + | (47) 'Type 2 sports betting retail licensee' means a Type 2 eligible retail entity licensed301 |
|---|
| 349 | + | or authorized by the corporation to offer retail sports betting on behalf of the corporation.302 |
|---|
| 350 | + | (48) 'Wager' or 'bet' means a sum of money that is risked by a bettor on the unknown303 |
|---|
| 351 | + | outcome of one or more sporting events. Such term shall be limited to fixed-odds betting,304 |
|---|
| 352 | + | futures bets, a tier 1 or tier 2 sports wager, a money line bet, an over/under bet, a parlay305 |
|---|
| 353 | + | bet, a proposition bet, or a bet on the spread. Such term shall not include a pari-mutuel306 |
|---|
| 354 | + | bet or wager or an entry fee paid to participate in a fantasy or simulated contest.307 |
|---|
| 355 | + | 50-27-123.308 |
|---|
| 356 | + | (a) The corporation shall have all powers and duties necessary to carry out the provisions309 |
|---|
| 357 | + | of this article and to exercise the control of the lottery game of sports betting in this state310 |
|---|
| 358 | + | as authorized by this article. Such powers and duties shall include, but shall not be limited311 |
|---|
| 359 | + | to, the following:312 |
|---|
| 360 | + | (1) To have jurisdiction, supervision, and regulatory authority over sports betting,313 |
|---|
| 361 | + | including, but not limited to:314 |
|---|
| 362 | + | (A) The regulation, licensure, and offering of sports betting on mobile applications315 |
|---|
| 363 | + | available state wide via the internet and through a limited number of licenses to316 |
|---|
| 364 | + | awarded to Type 1 sports betting licensees; and317 |
|---|
| 365 | + | (B) The regulation, licensure, and offering of sports betting on machines installed in318 |
|---|
| 366 | + | specified eligible locations open to the public, placed in such locations through a319 |
|---|
| 367 | + | limited number of distribution licenses awarded to Type 2 sports betting distributor320 |
|---|
| 368 | + | licensees, Type 2 sports betting platform licensees, and Type 2 sports betting retail321 |
|---|
| 369 | + | licensees;322 |
|---|
| 370 | + | (2) To have jurisdiction and supervision of all persons conducting, participating in, or323 |
|---|
| 371 | + | attending any facility with sports betting;324 |
|---|
| 372 | + | (3) To appoint and employ such persons as the corporation deems essential to perform325 |
|---|
| 373 | + | its duties under this article and to ensure that such sports betting is conducted with order326 23 LC 36 5434 |
|---|
| 374 | + | H. B. 380 |
|---|
| 356 | | - | (11) Upon the receipt of a complaint of an alleged criminal violation of this article, to324 |
|---|
| 357 | | - | immediately report such complaint to the appropriate law enforcement agency with325 |
|---|
| 358 | | - | jurisdiction to investigate criminal activity;326 |
|---|
| 359 | | - | (12) To provide for the reporting of the applicable amount of state and federal income327 |
|---|
| 360 | | - | tax of persons claiming a prize or payoff for a winning wager under this article;328 |
|---|
| 361 | | - | (13) To establish and administer a program for providing assistance to problem329 |
|---|
| 362 | | - | gamblers, including, but not limited to, requiring the electronic posting of signs,330 |
|---|
| 363 | | - | notifications, or other relevant responsible gambling information in a clear and331 |
|---|
| 364 | | - | conspicuous manner on online sports betting platforms, including a national toll-free332 |
|---|
| 365 | | - | number that directs callers to an organization that provides assistance to problem333 |
|---|
| 366 | | - | gamblers;334 |
|---|
| 367 | | - | (14) To eject or exclude from the sports betting facility or any part thereof any335 |
|---|
| 368 | | - | individual, whether licensed or not, whose conduct or reputation is such that his or her336 |
|---|
| 369 | | - | presence may, in the opinion of the corporation or the designated employees of the337 |
|---|
| 370 | | - | corporation, reflect adversely on the honesty and integrity of the sports betting or338 |
|---|
| 371 | | - | interfere with the orderly conduct of the lottery game of sports betting;339 |
|---|
| 372 | | - | (15) To keep a true and full record of all proceedings of the corporation under this article340 |
|---|
| 373 | | - | and preserve at the corporation's general office all books, documents, and papers of the341 |
|---|
| 374 | | - | corporation; and342 |
|---|
| 375 | | - | (16) To adopt rules and regulations specific to the manner in which a licensee may343 |
|---|
| 376 | | - | advertise its business operations as authorized by this article.344 |
|---|
| 377 | | - | (b) The corporation shall not have the power to prescribe a licensee's maximum or345 |
|---|
| 378 | | - | minimum payout or hold percentage.346 |
|---|
| 379 | | - | (c) The corporation shall not have the power to issue or award and shall not issue or award347 |
|---|
| 380 | | - | any licenses provided for in this article prior to September 1, 2023.348 23 LC 36 5535S |
|---|
| 381 | | - | H. B. 380 (SUB) |
|---|
| 376 | + | and the highest integrity. Such employees shall possess such authority and perform such327 |
|---|
| 377 | + | duties as the corporation shall prescribe or delegate to them. Such employees shall be328 |
|---|
| 378 | + | compensated as provided by the corporation;329 |
|---|
| 379 | + | (4) To enter upon, investigate, and have free access to all places of business of any330 |
|---|
| 380 | + | licensee under this article and to compel the production of any books, ledgers, documents,331 |
|---|
| 381 | + | records, memoranda, or other information of any licensee to ensure such licensee's332 |
|---|
| 382 | + | compliance with the rules and regulations promulgated by the corporation pursuant to this333 |
|---|
| 383 | + | article. Such rules and regulations shall be exempt from the requirements of Chapter 13334 |
|---|
| 384 | + | of this title, the 'Georgia Administrative Procedure Act';335 |
|---|
| 385 | + | (5) To promulgate any rules and regulations as the corporation deems necessary and336 |
|---|
| 386 | + | proper to administer the provisions of this article; provided, however, that the initial rules337 |
|---|
| 387 | + | and regulations governing sports betting shall be promulgated and adopted by the338 |
|---|
| 388 | + | corporation within 90 days of the effective date of this article after an opportunity has339 |
|---|
| 389 | + | been provided for public comment. The promulgation and adoption of such initial rules340 |
|---|
| 390 | + | and regulations shall not be subject to Chapter 13 of this title, the 'Georgia Administrative341 |
|---|
| 391 | + | Procedure Act';342 |
|---|
| 392 | + | (6) To issue subpoenas for the attendance of witnesses before the corporation, administer343 |
|---|
| 393 | + | oaths, and compel production of records or other documents and testimony of witnesses344 |
|---|
| 394 | + | whenever, in the judgment of the corporation, it is necessary to do so for the effectual345 |
|---|
| 395 | + | discharge of the duties of the corporation under this article;346 |
|---|
| 396 | + | (7) To compel any person licensed by the corporation to file with the corporation such347 |
|---|
| 397 | + | data, documents, and information as shall appear to the corporation to be necessary for348 |
|---|
| 398 | + | the performance of the duties of the corporation under this article, including, but not349 |
|---|
| 399 | + | limited to, financial statements and information relative to stockholders and all others350 |
|---|
| 400 | + | with a pecuniary interest in such person;351 |
|---|
| 401 | + | (8) To prescribe the manner in which books and records of persons licensed or permitted352 |
|---|
| 402 | + | by the corporation under this article shall be kept;353 23 LC 36 5434 |
|---|
| 403 | + | H. B. 380 |
|---|
| 383 | | - | 50-27-124.349 |
|---|
| 384 | | - | (a) The corporation shall prescribe by rules and regulations:350 |
|---|
| 385 | | - | (1) The reserves that must be kept by licensees to comply with subparagraph (c)(7)(A)351 |
|---|
| 386 | | - | of Code Section 50-27-130 to pay off bettors;352 |
|---|
| 387 | | - | (2) Any insurance requirements for a licensee;353 |
|---|
| 388 | | - | (3) Minimum requirements by which each licensee shall exercise effective control over354 |
|---|
| 389 | | - | its internal fiscal affairs, including, without limitation, requirements for:355 |
|---|
| 390 | | - | (A) Safeguarding assets and revenues, including evidence of indebtedness;356 |
|---|
| 391 | | - | (B) Maintaining reliable records relating to accounts, transactions, profits and losses,357 |
|---|
| 392 | | - | operations, and events; and358 |
|---|
| 393 | | - | (C) Global risk management;359 |
|---|
| 394 | | - | (4) Requirements for internal and independent audits of licensees;360 |
|---|
| 395 | | - | (5) The manner in which periodic financial reports shall be submitted to the corporation361 |
|---|
| 396 | | - | from each licensee, including the financial information to be included in the reports;362 |
|---|
| 397 | | - | (6) The type of information deemed to be confidential financial or proprietary363 |
|---|
| 398 | | - | information that is not subject to any reporting requirements under this article;364 |
|---|
| 399 | | - | (7) Policies, procedures, and processes designed to mitigate the risk of cheating and365 |
|---|
| 400 | | - | money laundering; and366 |
|---|
| 401 | | - | (8) Any post-employment restrictions necessary to maintain the integrity of sports367 |
|---|
| 402 | | - | betting in this state.368 |
|---|
| 403 | | - | Part 2369 |
|---|
| 404 | | - | 50-27-130.370 |
|---|
| 405 | | - | (a) Any person offering, operating, or managing sports betting in this state shall be371 |
|---|
| 406 | | - | licensed by the corporation.372 23 LC 36 5535S |
|---|
| 407 | | - | H. B. 380 (SUB) |
|---|
| 405 | + | (9) To enter into arrangements with any foreign or domestic government or354 |
|---|
| 406 | + | governmental agency for the purposes of exchanging information or performing any other355 |
|---|
| 407 | + | act to better ensure the proper conduct of betting under this article;356 |
|---|
| 408 | + | (10) To order such audits, in addition to those otherwise required by this article, as the357 |
|---|
| 409 | + | corporation deems necessary and desirable;358 |
|---|
| 410 | + | (11) Upon the receipt of a complaint of an alleged criminal violation of this article, to359 |
|---|
| 411 | + | immediately report such complaint to the appropriate law enforcement agency with360 |
|---|
| 412 | + | jurisdiction to investigate criminal activity;361 |
|---|
| 413 | + | (12) To provide for the reporting of the applicable amount of state and federal income362 |
|---|
| 414 | + | tax of persons claiming a prize or payoff for a winning wager under this article;363 |
|---|
| 415 | + | (13) To establish and administer a program for providing assistance to problem364 |
|---|
| 416 | + | gamblers, including, but not limited to, requiring the posting of signs, notifications, or365 |
|---|
| 417 | + | other relevant responsible gambling information in a clear and conspicuous manner on366 |
|---|
| 418 | + | retail sports betting premises and online sports betting platforms, including a national367 |
|---|
| 419 | + | toll-free number approved by the corporation that directs callers to an organization that368 |
|---|
| 420 | + | provides assistance to problem gamblers;369 |
|---|
| 421 | + | (14) To maintain a confidential registry of persons and categories of persons who are370 |
|---|
| 422 | + | ineligible to place a wager in this state and provide the registry to each licensee in this371 |
|---|
| 423 | + | state. The corporation shall provide each updated registry to licensees as soon as372 |
|---|
| 424 | + | practicable. Each licensee shall maintain the confidentiality of the registry provided by373 |
|---|
| 425 | + | the corporation;374 |
|---|
| 426 | + | (15) To eject or exclude from the sports betting facility or any part thereof any375 |
|---|
| 427 | + | individual, whether licensed or not, whose conduct or reputation is such that his or her376 |
|---|
| 428 | + | presence may, in the opinion of the corporation or the designated employees of the377 |
|---|
| 429 | + | corporation, reflect adversely on the honesty and integrity of the sports betting or378 |
|---|
| 430 | + | interfere with the orderly conduct of the lottery game of sports betting;379 23 LC 36 5434 |
|---|
| 431 | + | H. B. 380 |
|---|
| 409 | | - | (b) The corporation shall issue licenses to qualified applicants able to meet the duties of373 |
|---|
| 410 | | - | a license holder under this article and that the corporation determines will best satisfy the374 |
|---|
| 411 | | - | following criteria:375 |
|---|
| 412 | | - | (1) Expertise in the business of online sports betting;376 |
|---|
| 413 | | - | (2) Integrity, sustainability, and safety of the online sports betting platform;377 |
|---|
| 414 | | - | (3) Past relevant experience of the applicant;378 |
|---|
| 415 | | - | (4) Advertising and promotional plans to maximize revenue;379 |
|---|
| 416 | | - | (5) Demonstrated commitment to and plans for the promotion of responsible gaming;380 |
|---|
| 417 | | - | and381 |
|---|
| 418 | | - | (6) Capacity to rapidly and efficiently bring bettors onto the applicant's platform.382 |
|---|
| 419 | | - | (c) An applicant for a license or for the renewal of a license shall submit an application on383 |
|---|
| 420 | | - | a form in such manner and in accordance with such requirements as may be prescribed by384 |
|---|
| 421 | | - | rules and regulations of the corporation. Such rules and regulations shall require, at a385 |
|---|
| 422 | | - | minimum, that the application include the following:386 |
|---|
| 423 | | - | (1) If the applicant is an entity, identification of the applicant's principal owners, board387 |
|---|
| 424 | | - | of directors, officers, and supervisory employees;388 |
|---|
| 425 | | - | (2) Evidence of the applicant's certificate of fitness for sports betting affiliation. If the389 |
|---|
| 426 | | - | applicant is an entity, such evidence shall be provided for every individual who is a390 |
|---|
| 427 | | - | principal owner;391 |
|---|
| 428 | | - | (3) Information, documentation, and assurances as may be required by the corporation392 |
|---|
| 429 | | - | to establish by clear and convincing evidence the applicant's good character, honesty, and393 |
|---|
| 430 | | - | integrity, including, but not limited to, information pertaining to family, habits, character,394 |
|---|
| 431 | | - | reputation, criminal and arrest records, business activities, financial affairs, and business,395 |
|---|
| 432 | | - | professional, and personal associates, covering at least the ten-year period immediately396 |
|---|
| 433 | | - | preceding the filing of the application;397 23 LC 36 5535S |
|---|
| 434 | | - | H. B. 380 (SUB) |
|---|
| 433 | + | (16) To keep a true and full record of all proceedings of the corporation under this article380 |
|---|
| 434 | + | and preserve at the corporation's general office all books, documents, and papers of the381 |
|---|
| 435 | + | corporation; and382 |
|---|
| 436 | + | (17) To adopt rules and regulations specific to the manner in which a licensee may383 |
|---|
| 437 | + | advertise its business operations as authorized by this article.384 |
|---|
| 438 | + | (b) The corporation shall not have the power to prescribe a licensee's maximum or385 |
|---|
| 439 | + | minimum payout or hold percentage.386 |
|---|
| 440 | + | (c) The corporation shall not have the power to issue or award and shall not issue or award387 |
|---|
| 441 | + | any licenses provided for in this article prior to September 1, 2023.388 |
|---|
| 442 | + | 50-27-124.389 |
|---|
| 443 | + | (a) The corporation shall prescribe by rules and regulations:390 |
|---|
| 444 | + | (1) The reserves that must be kept by licensees to comply with subparagraph (c)(7)(A)391 |
|---|
| 445 | + | of Code Section 50-27-130 to pay off bettors;392 |
|---|
| 446 | + | (2) Any insurance requirements for a licensee;393 |
|---|
| 447 | + | (3) Minimum requirements by which each licensee shall exercise effective control over394 |
|---|
| 448 | + | its internal fiscal affairs, including, without limitation, requirements for:395 |
|---|
| 449 | + | (A) Safeguarding assets and revenues, including evidence of indebtedness;396 |
|---|
| 450 | + | (B) Maintaining reliable records relating to accounts, transactions, profits and losses,397 |
|---|
| 451 | + | operations, and events; and398 |
|---|
| 452 | + | (C) Global risk management;399 |
|---|
| 453 | + | (4) Requirements for internal and independent audits of licensees;400 |
|---|
| 454 | + | (5) The manner in which periodic financial reports shall be submitted to the corporation401 |
|---|
| 455 | + | from each licensee, including the financial information to be included in the reports;402 |
|---|
| 456 | + | (6) The type of information deemed to be confidential financial or proprietary403 |
|---|
| 457 | + | information that is not subject to any reporting requirements under this article;404 23 LC 36 5434 |
|---|
| 458 | + | H. B. 380 |
|---|
| 436 | | - | (4) Notice and a description of civil judgments obtained against the applicant pertaining398 |
|---|
| 437 | | - | to antitrust or security regulation laws of the federal government, this state, or any other399 |
|---|
| 438 | | - | state, jurisdiction, province, or country;400 |
|---|
| 439 | | - | (5) To the extent available, letters of reference or the equivalent from law enforcement401 |
|---|
| 440 | | - | agencies having jurisdiction of the applicant's place of residence and principal place of402 |
|---|
| 441 | | - | business. Each such letter of reference shall indicate that the law enforcement agency403 |
|---|
| 442 | | - | does not have any pertinent information concerning the applicant or, if such law404 |
|---|
| 443 | | - | enforcement agency does have information pertaining to the applicant, shall provide such405 |
|---|
| 444 | | - | information, to the extent permitted by law;406 |
|---|
| 445 | | - | (6) If the applicant has conducted sports betting operations in another jurisdiction, a407 |
|---|
| 446 | | - | letter of reference from the regulatory body that governs sports betting that specifies the408 |
|---|
| 447 | | - | standing of the applicant with such regulatory body; provided, however, that, if no such409 |
|---|
| 448 | | - | letter is received within 60 days of the request therefor, the applicant may submit a410 |
|---|
| 449 | | - | statement under oath that the applicant is or was, during the period such activities were411 |
|---|
| 450 | | - | conducted, in good standing with the regulatory body;412 |
|---|
| 451 | | - | (7) Information, documentation, and assurances concerning financial background and413 |
|---|
| 452 | | - | resources as may be required to establish by clear and convincing evidence the financial414 |
|---|
| 453 | | - | stability, integrity, and responsibility of the applicant, including, but not limited to, bank415 |
|---|
| 454 | | - | references, business and personal income and disbursement schedules, tax returns and416 |
|---|
| 455 | | - | other reports filed with governmental agencies, and business and personal accounting and417 |
|---|
| 456 | | - | check records and ledgers. Each applicant shall, in writing, authorize the examination of418 |
|---|
| 457 | | - | all bank accounts and records as may be deemed necessary by the corporation. The419 |
|---|
| 458 | | - | corporation may consider any relevant evidence of financial stability. The applicant shall420 |
|---|
| 459 | | - | be presumed to be financially stable if the applicant establishes by clear and convincing421 |
|---|
| 460 | | - | evidence the ability to:422 |
|---|
| 461 | | - | (A) Assure the financial integrity of sports betting operations by the maintenance of423 |
|---|
| 462 | | - | a reserve of not less than $500,000.00 or the amount required to cover the outstanding424 23 LC 36 5535S |
|---|
| 463 | | - | H. B. 380 (SUB) |
|---|
| 460 | + | (7) Policies, procedures, and processes designed to mitigate the risk of cheating and405 |
|---|
| 461 | + | money laundering; and406 |
|---|
| 462 | + | (8) Any post-employment restrictions necessary to maintain the integrity of sports407 |
|---|
| 463 | + | betting in this state.408 |
|---|
| 464 | + | Part 2409 |
|---|
| 465 | + | 50-27-130.410 |
|---|
| 466 | + | (a) Any person offering, operating, or managing sports betting, including retail sports411 |
|---|
| 467 | + | betting, in this state shall be licensed by the corporation.412 |
|---|
| 468 | + | (b) The corporation shall issue licenses to qualified applicants able to meet the duties of413 |
|---|
| 469 | + | a license holder under this article and that the corporation determines will best satisfy the414 |
|---|
| 470 | + | following criteria:415 |
|---|
| 471 | + | (1) Expertise in the business of online sports betting;416 |
|---|
| 472 | + | (2) Integrity, sustainability, and safety of the online sports betting platform;417 |
|---|
| 473 | + | (3) Past relevant experience of the applicant;418 |
|---|
| 474 | + | (4) Advertising and promotional plans to maximize revenue;419 |
|---|
| 475 | + | (5) Demonstrated commitment to and plans for the promotion of responsible gaming;420 |
|---|
| 476 | + | and421 |
|---|
| 477 | + | (6) Capacity to rapidly and efficiently bring bettors onto the applicant's platform.422 |
|---|
| 478 | + | (c) An applicant for a license or for the renewal of a license shall submit an application on423 |
|---|
| 479 | + | a form in such manner and in accordance with such requirements as may be prescribed by424 |
|---|
| 480 | + | rules and regulations of the corporation. Such rules and regulations shall require, at a425 |
|---|
| 481 | + | minimum, that the application include the following:426 |
|---|
| 482 | + | (1) If the applicant is an entity, identification of the applicant's principal owners, board427 |
|---|
| 483 | + | of directors, officers, and supervisory employees;428 23 LC 36 5434 |
|---|
| 484 | + | H. B. 380 |
|---|
| 465 | | - | liabilities for wagers accepted by the licensee, whichever is greater. Outstanding425 |
|---|
| 466 | | - | liabilities for wagers shall mean the sum of the amount paid by patrons for wagers that426 |
|---|
| 467 | | - | have not yet been determined and the amount owed but unpaid by licensees to patrons427 |
|---|
| 468 | | - | for wagers whose results have been determined. The reserve may take the form of a428 |
|---|
| 469 | | - | bond, an irrevocable letter of credit, payment processor reserves and receivables, cash429 |
|---|
| 470 | | - | or cash equivalents segregated from operational funds, guaranty letter, or a combination430 |
|---|
| 471 | | - | thereof. Such reserve shall be adequate to pay winning wagers to bettors when due.431 |
|---|
| 472 | | - | An applicant is presumed to have met this standard if the applicant maintains, on a daily432 |
|---|
| 473 | | - | basis, a minimum reserve in an amount which is at least equal to the average daily433 |
|---|
| 474 | | - | minimum reserve, calculated on a monthly basis, for the corresponding month in the434 |
|---|
| 475 | | - | previous year;435 |
|---|
| 476 | | - | (B) Meet ongoing operating expenses which are essential to the maintenance of436 |
|---|
| 477 | | - | continuous and stable sports betting operations; and437 |
|---|
| 478 | | - | (C) Pay, as and when due, all state and federal taxes;438 |
|---|
| 479 | | - | (8) Information, documentation, and assurances as may be required to establish by clear439 |
|---|
| 480 | | - | and convincing evidence that the applicant has sufficient business ability and sports440 |
|---|
| 481 | | - | betting experience to establish the likelihood of the creation and maintenance of441 |
|---|
| 482 | | - | successful, efficient sports betting operations in this state;442 |
|---|
| 483 | | - | (9) Information, as required by rules and regulations of the corporation, regarding the443 |
|---|
| 484 | | - | financial standing of the applicant, including, without limitation, each person or entity444 |
|---|
| 485 | | - | that has provided loans or financing to the applicant;445 |
|---|
| 486 | | - | (10) A nonrefundable application fee and licensing fee as follows:446 |
|---|
| 487 | | - | (A) Applicants for a Type 1 sports betting license shall pay a nonrefundable447 |
|---|
| 488 | | - | application fee in the amount of $100,000.00 and an annual licensing fee in the amount448 |
|---|
| 489 | | - | of $1.5 million; provided, however, that, for those licenses referred to in paragraph (3)449 |
|---|
| 490 | | - | of subsection (b) of Code Section 50-27-133, such annual licensing fee shall instead be450 |
|---|
| 491 | | - | $750,000.00 and the application fee and annual licensing fee shall be paid by the online451 23 LC 36 5535S |
|---|
| 492 | | - | H. B. 380 (SUB) |
|---|
| 486 | + | (2) Evidence of the applicant's certificate of fitness for sports betting affiliation. If the429 |
|---|
| 487 | + | applicant is an entity, such evidence shall be provided for every individual who is a430 |
|---|
| 488 | + | principal owner;431 |
|---|
| 489 | + | (3) Information, documentation, and assurances as may be required by the corporation432 |
|---|
| 490 | + | to establish by clear and convincing evidence the applicant's good character, honesty, and433 |
|---|
| 491 | + | integrity, including, but not limited to, information pertaining to family, habits, character,434 |
|---|
| 492 | + | reputation, criminal and arrest records, business activities, financial affairs, and business,435 |
|---|
| 493 | + | professional, and personal associates, covering at least the ten-year period immediately436 |
|---|
| 494 | + | preceding the filing of the application;437 |
|---|
| 495 | + | (4) Notice and a description of civil judgments obtained against the applicant pertaining438 |
|---|
| 496 | + | to antitrust or security regulation laws of the federal government, this state, or any other439 |
|---|
| 497 | + | state, jurisdiction, province, or country;440 |
|---|
| 498 | + | (5) To the extent available, letters of reference or the equivalent from law enforcement441 |
|---|
| 499 | + | agencies having jurisdiction of the applicant's place of residence and principal place of442 |
|---|
| 500 | + | business. Each such letter of reference shall indicate that the law enforcement agency443 |
|---|
| 501 | + | does not have any pertinent information concerning the applicant or, if such law444 |
|---|
| 502 | + | enforcement agency does have information pertaining to the applicant, shall provide such445 |
|---|
| 503 | + | information, to the extent permitted by law;446 |
|---|
| 504 | + | (6) If the applicant has conducted sports betting operations in another jurisdiction, a447 |
|---|
| 505 | + | letter of reference from the regulatory body that governs sports betting that specifies the448 |
|---|
| 506 | + | standing of the applicant with such regulatory body; provided, however, that, if no such449 |
|---|
| 507 | + | letter is received within 60 days of the request therefor, the applicant may submit a450 |
|---|
| 508 | + | statement under oath that the applicant is or was, during the period such activities were451 |
|---|
| 509 | + | conducted, in good standing with the regulatory body;452 |
|---|
| 510 | + | (7) Information, documentation, and assurances concerning financial background and453 |
|---|
| 511 | + | resources as may be required to establish by clear and convincing evidence the financial454 |
|---|
| 512 | + | stability, integrity, and responsibility of the applicant, including, but not limited to, bank455 23 LC 36 5434 |
|---|
| 513 | + | H. B. 380 |
|---|
| 494 | | - | sports betting services provider and not by the corporation, which shall not be required452 |
|---|
| 495 | | - | to pay any such fees;453 |
|---|
| 496 | | - | (B) Applicants for an online sports betting services provider license shall pay a454 |
|---|
| 497 | | - | nonrefundable application fee in the amount of $10,000.00 and an annual licensing fee455 |
|---|
| 498 | | - | of $100,000.00; provided, however, that an online sports betting services provider that456 |
|---|
| 499 | | - | applies for and obtains one of the licenses referred to in paragraph (3) of subsection (b)457 |
|---|
| 500 | | - | of Code Section 50-27-133 shall only be required to pay the nonrefundable application458 |
|---|
| 501 | | - | fee and annual licensing fee applicable to the applicant's Type 1 sports betting license;459 |
|---|
| 502 | | - | and460 |
|---|
| 503 | | - | (C) Applicants for a sports betting supplier license shall pay a nonrefundable461 |
|---|
| 504 | | - | application fee in the amount of $2,000.00 and an annual licensing fee of $20,000.00;462 |
|---|
| 505 | | - | and463 |
|---|
| 506 | | - | (11) Any additional information, documents, or assurances required by rules and464 |
|---|
| 507 | | - | regulations of the corporation.465 |
|---|
| 508 | | - | (d) The corporation shall review and approve or deny an application for a license not more466 |
|---|
| 509 | | - | than 90 days after receipt of an application.467 |
|---|
| 510 | | - | 50-27-131.468 |
|---|
| 511 | | - | (a) A licensee may renew its license by submitting an application on a form in such469 |
|---|
| 512 | | - | manner and in accordance with such requirements as may be prescribed by rules and470 |
|---|
| 513 | | - | regulations of the corporation. A licensee shall submit the nonrefundable application fee471 |
|---|
| 514 | | - | prescribed under paragraph (10) of subsection (c) of Code Section 50-27-130 with its472 |
|---|
| 515 | | - | application for license renewal.473 |
|---|
| 516 | | - | (b) For each application for licensure or renewal of a license approved under this Code474 |
|---|
| 517 | | - | section, the amount of the application fee shall be credited toward the licensee's annual475 |
|---|
| 518 | | - | licensing fee and the licensee shall remit the balance of the annual fee to the corporation476 |
|---|
| 519 | | - | upon approval of a license.477 23 LC 36 5535S |
|---|
| 520 | | - | H. B. 380 (SUB) |
|---|
| 515 | + | references, business and personal income and disbursement schedules, tax returns and456 |
|---|
| 516 | + | other reports filed with governmental agencies, and business and personal accounting and457 |
|---|
| 517 | + | check records and ledgers. Each applicant shall, in writing, authorize the examination of458 |
|---|
| 518 | + | all bank accounts and records as may be deemed necessary by the corporation. The459 |
|---|
| 519 | + | corporation may consider any relevant evidence of financial stability. The applicant shall460 |
|---|
| 520 | + | be presumed to be financially stable if the applicant establishes by clear and convincing461 |
|---|
| 521 | + | evidence the ability to:462 |
|---|
| 522 | + | (A) Assure the financial integrity of sports betting operations by the maintenance of463 |
|---|
| 523 | + | a reserve of not less than $500,000.00 or the amount required to cover the outstanding464 |
|---|
| 524 | + | liabilities for wagers accepted by the licensee, whichever is greater. Outstanding465 |
|---|
| 525 | + | liabilities for wagers shall mean the sum of the amount paid by patrons for wagers that466 |
|---|
| 526 | + | have not yet been determined and the amount owed but unpaid by licensees to patrons467 |
|---|
| 527 | + | for wagers whose results have been determined. The reserve may take the form of a468 |
|---|
| 528 | + | bond, an irrevocable letter of credit, payment processor reserves and receivables, cash469 |
|---|
| 529 | + | or cash equivalents segregated from operational funds, guaranty letter, or a combination470 |
|---|
| 530 | + | thereof. Such reserve shall be adequate to pay winning wagers to bettors when due.471 |
|---|
| 531 | + | An applicant is presumed to have met this standard if the applicant maintains, on a daily472 |
|---|
| 532 | + | basis, a minimum reserve in an amount which is at least equal to the average daily473 |
|---|
| 533 | + | minimum reserve, calculated on a monthly basis, for the corresponding month in the474 |
|---|
| 534 | + | previous year;475 |
|---|
| 535 | + | (B) Meet ongoing operating expenses which are essential to the maintenance of476 |
|---|
| 536 | + | continuous and stable sports betting operations; and477 |
|---|
| 537 | + | (C) Pay, as and when due, all state and federal taxes;478 |
|---|
| 538 | + | (8) Information, documentation, and assurances as may be required to establish by clear479 |
|---|
| 539 | + | and convincing evidence that the applicant has sufficient business ability and sports480 |
|---|
| 540 | + | betting experience to establish the likelihood of the creation and maintenance of481 |
|---|
| 541 | + | successful, efficient sports betting operations in this state;482 23 LC 36 5434 |
|---|
| 542 | + | H. B. 380 |
|---|
| 522 | | - | (c) Each licensee shall have a continuing duty to promptly inform the corporation of any478 |
|---|
| 523 | | - | change in status relating to any information that may disqualify the licensee from holding479 |
|---|
| 524 | | - | a license under Code Section 50-27-132.480 |
|---|
| 525 | | - | (d) A professional sports governing body may enter into commercial agreements with481 |
|---|
| 526 | | - | licensees or other entities that provide for such professional sports governing body to share482 |
|---|
| 527 | | - | in the amounts wagered or revenue derived from wagers on sporting events of such483 |
|---|
| 528 | | - | professional sports governing body. A professional sports governing body shall not be484 |
|---|
| 529 | | - | required to obtain any approval or other form of authorization from the corporation to enter485 |
|---|
| 530 | | - | into such commercial agreements or to lawfully accept such amounts or revenues. The486 |
|---|
| 531 | | - | corporation shall not prescribe any terms or conditions that are required to be included into487 |
|---|
| 532 | | - | such commercial agreements.488 |
|---|
| 533 | | - | (e) A person that holds a license or permit to engage in sports betting issued by another489 |
|---|
| 534 | | - | jurisdiction may submit a request to the corporation for a temporary license for such person490 |
|---|
| 535 | | - | to immediately commence engagement in this state in sports betting. Such request shall491 |
|---|
| 536 | | - | include the licensing fee required under paragraph (10) of subsection (c) of Code Section492 |
|---|
| 537 | | - | 50-27-130.493 |
|---|
| 538 | | - | (f) Upon receiving a request for a temporary license, the chief executive officer may494 |
|---|
| 539 | | - | review the request at his or her discretion. If the chief executive officer reviews the request495 |
|---|
| 540 | | - | and determines that the person requesting the temporary license holds a license or permit496 |
|---|
| 541 | | - | issued by another jurisdiction to engage in sports betting and has paid the required497 |
|---|
| 542 | | - | licensing fee, the chief executive officer may authorize such person to engage in sports498 |
|---|
| 543 | | - | betting pursuant to this article under a temporary license for up to one year or until a final499 |
|---|
| 544 | | - | determination on such person's application is made, whichever is later.500 |
|---|
| 545 | | - | (g) All licenses issued under this article shall be valid for a term of five years, unless501 |
|---|
| 546 | | - | suspended or revoked as provided under this article.502 |
|---|
| 547 | | - | (h) The corporation may adopt rules and regulations prescribing the manner in which a503 |
|---|
| 548 | | - | license may be transferred and a fee for a license transfer.504 23 LC 36 5535S |
|---|
| 549 | | - | H. B. 380 (SUB) |
|---|
| 544 | + | (9) Information, as required by rules and regulations of the corporation, regarding the483 |
|---|
| 545 | + | financial standing of the applicant, including, without limitation, each person or entity484 |
|---|
| 546 | + | that has provided loans or financing to the applicant;485 |
|---|
| 547 | + | (10) A nonrefundable application fee and licensing fee as follows:486 |
|---|
| 548 | + | (A) Applicants for a Type 1 sports betting license shall pay a nonrefundable487 |
|---|
| 549 | + | application fee in the amount of $100,000.00 and an annual licensing fee in the amount488 |
|---|
| 550 | + | of $1 million; provided, however, that, for those licenses referred to in paragraph (3)489 |
|---|
| 551 | + | of subsection (b) of Code Section 50-27-133, this fee shall be paid by the online sports490 |
|---|
| 552 | + | betting services provider and not by the corporation;491 |
|---|
| 553 | + | (B) Applicants for a Type 2 sports betting distributor license shall pay a nonrefundable492 |
|---|
| 554 | + | application fee in the amount of $10,000.00 and an annual licensing fee of $100,000.00;493 |
|---|
| 555 | + | (C) Applicants for a Type 2 sports betting platform license shall pay a nonrefundable494 |
|---|
| 556 | + | application fee in the amount of $10,000.00 and an annual licensing fee of $100,000.00;495 |
|---|
| 557 | + | (D) Applicants for a Type 2 sports betting retail license shall pay a nonrefundable496 |
|---|
| 558 | + | application fee in the amount of $500.00 and an annual licensing fee of $500.00;497 |
|---|
| 559 | + | (E) Applicants for an online sports betting services provider license shall pay a498 |
|---|
| 560 | + | nonrefundable application fee in the amount of $10,000.00 and an annual licensing fee499 |
|---|
| 561 | + | of $100,000.00; provided, however, that an online sports betting services provider that500 |
|---|
| 562 | + | applies for and obtains one of the licenses referred to in paragraph (3) of subsection (b)501 |
|---|
| 563 | + | of Code Section 50-27-133 shall only be required to pay the nonrefundable application502 |
|---|
| 564 | + | fee and annual licensing fee applicable to the applicant's Type 1 sports betting license;503 |
|---|
| 565 | + | and504 |
|---|
| 566 | + | (F) Applicants for a sports betting supplier license shall pay a nonrefundable505 |
|---|
| 567 | + | application fee in the amount of $2,000.00 and an annual licensing fee of $20,000.00;506 |
|---|
| 568 | + | and507 |
|---|
| 569 | + | (11) Any additional information, documents, or assurances required by rules and508 |
|---|
| 570 | + | regulations of the corporation.509 23 LC 36 5434 |
|---|
| 571 | + | H. B. 380 |
|---|
| 551 | | - | (i) A licensee may maintain the bond, letter of credit, or cash reserve at any bank lawfully505 |
|---|
| 552 | | - | operating in this state and the licensee shall be the beneficiary of any interest accrued506 |
|---|
| 553 | | - | thereon.507 |
|---|
| 554 | | - | 50-27-132.508 |
|---|
| 555 | | - | (a) The following persons shall not be eligible to apply for or obtain a license under this509 |
|---|
| 556 | | - | article:510 |
|---|
| 557 | | - | (1) A member of the board of directors or employee of the corporation or an employee511 |
|---|
| 558 | | - | of a corporation vendor; provided, however, that a corporation vendor as an entity may512 |
|---|
| 559 | | - | be eligible to apply for or obtain a license;513 |
|---|
| 560 | | - | (2) An employee of a professional sports team on which the applicant offers sports514 |
|---|
| 561 | | - | betting;515 |
|---|
| 562 | | - | (3) A coach of or player for a collegiate, professional, or Olympic sports team or sport516 |
|---|
| 563 | | - | or an entity that has an affiliation or interest in such a sports team or sport;517 |
|---|
| 564 | | - | (4) An individual who is a member or employee of any professional sports governing518 |
|---|
| 565 | | - | body or sporting events operator;519 |
|---|
| 566 | | - | (5) An individual or entity with an owner, officer, or director who has been convicted of520 |
|---|
| 567 | | - | a crime of moral turpitude or similar degree as specified in rules and regulations521 |
|---|
| 568 | | - | promulgated by the corporation pursuant to this article;522 |
|---|
| 569 | | - | (6) A person having the ability to directly affect the outcome of a sporting event upon523 |
|---|
| 570 | | - | which the applicant offers sports betting;524 |
|---|
| 571 | | - | (7) A trustee or regent of a governing board of a public or private institution of higher525 |
|---|
| 572 | | - | education;526 |
|---|
| 573 | | - | (8) An individual prohibited by the rules or regulations of a professional sports527 |
|---|
| 574 | | - | governing body or sporting events operator of a collegiate sports, team, league, or528 |
|---|
| 575 | | - | association from participating in sports betting;529 23 LC 36 5535S |
|---|
| 576 | | - | H. B. 380 (SUB) |
|---|
| 573 | + | (d) The corporation shall review and approve or deny an application for a license not more510 |
|---|
| 574 | + | than 90 days after receipt of an application.511 |
|---|
| 575 | + | 50-27-131.512 |
|---|
| 576 | + | (a) A licensee may renew its license by submitting an application on a form in such513 |
|---|
| 577 | + | manner and in accordance with such requirements as may be prescribed by rules and514 |
|---|
| 578 | + | regulations of the corporation. A licensee shall submit the nonrefundable annual licensing515 |
|---|
| 579 | + | and application fees prescribed under paragraph (10) of subsection (c) of Code Section516 |
|---|
| 580 | + | 50-27-130 with its application for license renewal.517 |
|---|
| 581 | + | (b) For each application for licensure or renewal of a license approved under this Code518 |
|---|
| 582 | + | section, the amount of the application fee shall be credited toward the licensee's annual519 |
|---|
| 583 | + | licensing fee and the licensee shall remit the balance of the annual fee to the corporation520 |
|---|
| 584 | + | upon approval of a license.521 |
|---|
| 585 | + | (c) Each licensee shall have a continuing duty to promptly inform the corporation of any522 |
|---|
| 586 | + | change in status relating to any information that may disqualify the licensee from holding523 |
|---|
| 587 | + | a license under Code Section 50-27-132.524 |
|---|
| 588 | + | (d) A professional sports governing body may enter into commercial agreements with525 |
|---|
| 589 | + | licensees or other entities that provide for such professional sports governing body to share526 |
|---|
| 590 | + | in the amounts wagered or revenue derived from wagers on sporting events of such527 |
|---|
| 591 | + | professional sports governing body. A professional sports governing body shall not be528 |
|---|
| 592 | + | required to obtain any approval or other form of authorization from the corporation to enter529 |
|---|
| 593 | + | into such commercial agreements or to lawfully accept such amounts or revenues. The530 |
|---|
| 594 | + | corporation shall not prescribe any terms or conditions that are required to be included into531 |
|---|
| 595 | + | such commercial agreements.532 |
|---|
| 596 | + | (e) A person that holds a license or permit to engage in sports betting issued by another533 |
|---|
| 597 | + | jurisdiction may submit a request to the corporation for a temporary license for such person534 |
|---|
| 598 | + | to immediately commence engagement in this state in sports betting. Such request shall535 23 LC 36 5434 |
|---|
| 599 | + | H. B. 380 |
|---|
| 578 | | - | (9) A student or an employee of a public or private institution of higher education who530 |
|---|
| 579 | | - | has access to material nonpublic information concerning a student athlete or a sports531 |
|---|
| 580 | | - | team; and532 |
|---|
| 581 | | - | (10) Any other category of persons, established by rules and regulations of the533 |
|---|
| 582 | | - | corporation, that, if licensed, would negatively affect the integrity of sports betting in this534 |
|---|
| 583 | | - | state.535 |
|---|
| 584 | | - | (b) An individual listed in paragraphs (2) through (10) of subsection (a) of this Code536 |
|---|
| 585 | | - | section may hold an ownership interest in an applicant or licensee without disqualifying537 |
|---|
| 586 | | - | the applicant or licensee from obtaining or holding a license; provided, however, that such538 |
|---|
| 587 | | - | an ownership interest of 25 percent or more shall require approval from the corporation.539 |
|---|
| 588 | | - | In determining whether such an ownership interest shall be the basis of disqualification, the540 |
|---|
| 589 | | - | corporation shall consider whether such interest would negatively affect the integrity of541 |
|---|
| 590 | | - | sports betting in this state and any other factors the corporation shall deem relevant.542 |
|---|
| 591 | | - | 50-27-133.543 |
|---|
| 592 | | - | (a) A Type 1 sports betting license authorizes a Type 1 eligible entity, or its designated544 |
|---|
| 593 | | - | online sports betting services provider, to offer online sports betting. If a Type 1 eligible545 |
|---|
| 594 | | - | entity designates an online sports betting services provider, the online sports betting546 |
|---|
| 595 | | - | services provider is considered the applicant for a Type 1 sports betting license and is547 |
|---|
| 596 | | - | considered the Type 1 sports betting licensee for all aspects of the regulatory control of the548 |
|---|
| 597 | | - | corporation and the operations under the Type 1 sports betting license. The corporation549 |
|---|
| 598 | | - | shall establish a procedure for a Type 1 eligible entity to designate an online sports betting550 |
|---|
| 599 | | - | provider.551 |
|---|
| 600 | | - | (b) The corporation shall issue not more than 16 Type 1 sports betting licenses to Type 1552 |
|---|
| 601 | | - | eligible entities or their designated online sports betting services providers in accordance553 |
|---|
| 602 | | - | with the following:554 23 LC 36 5535S |
|---|
| 603 | | - | H. B. 380 (SUB) |
|---|
| 601 | + | include the licensing fee required under paragraph (10) of subsection (c) of Code Section536 |
|---|
| 602 | + | 50-27-130.537 |
|---|
| 603 | + | (f) Upon receiving a request for a temporary license, the chief executive officer may538 |
|---|
| 604 | + | review the request at his or her discretion. If the chief executive officer reviews the request539 |
|---|
| 605 | + | and determines that the person requesting the temporary license holds a license or permit540 |
|---|
| 606 | + | issued by another jurisdiction to engage in sports betting and has paid the required541 |
|---|
| 607 | + | licensing fee, the chief executive officer may authorize such person to engage in sports542 |
|---|
| 608 | + | betting pursuant to this article under a temporary license for up to one year or until a final543 |
|---|
| 609 | + | determination on such person's application is made, whichever is later.544 |
|---|
| 610 | + | (g) All licenses issued under this article shall be valid for a term of five years, unless545 |
|---|
| 611 | + | suspended or revoked as provided under this article.546 |
|---|
| 612 | + | (h) The corporation may adopt rules and regulations prescribing the manner in which a547 |
|---|
| 613 | + | license may be transferred and a fee for a license transfer.548 |
|---|
| 614 | + | (i) A licensee may maintain the bond, letter of credit, or cash reserve at any bank lawfully549 |
|---|
| 615 | + | operating in this state and the licensee shall be the beneficiary of any interest accrued550 |
|---|
| 616 | + | thereon.551 |
|---|
| 617 | + | 50-27-132.552 |
|---|
| 618 | + | (a) The following persons shall not be eligible to apply for or obtain a license under this553 |
|---|
| 619 | + | article:554 |
|---|
| 620 | + | (1) A member of the board of directors or employee of the corporation or an employee555 |
|---|
| 621 | + | of a corporation vendor; provided, however, that a corporation vendor as an entity may556 |
|---|
| 622 | + | be eligible to apply for or obtain a license;557 |
|---|
| 623 | + | (2) An employee of a professional sports team on which the applicant offers sports558 |
|---|
| 624 | + | betting;559 |
|---|
| 625 | + | (3) A coach of or player for a collegiate, professional, or Olympic sports team or sport560 |
|---|
| 626 | + | or an entity that has an affiliation or interest in such a sports team or sport;561 23 LC 36 5434 |
|---|
| 627 | + | H. B. 380 |
|---|
| 605 | | - | (1) Five Type 1 sports betting licenses shall be reserved for the Type 1 eligible entities555 |
|---|
| 606 | | - | defined in subparagraph (A) of paragraph (40) of Code Section 50-27-122 or their556 |
|---|
| 607 | | - | designated online sports betting services providers; provided, however, that more than557 |
|---|
| 608 | | - | one license may be issued to an owner of multiple professional sports teams;558 |
|---|
| 609 | | - | (2) One Type 1 sports betting license shall be reserved for each of the Type 1 eligible559 |
|---|
| 610 | | - | entities defined in subparagraphs (B) through (E) of paragraph (40) of Code Section560 |
|---|
| 611 | | - | 50-27-122 or their designated online sports betting services providers; and561 |
|---|
| 612 | | - | (3) The corporation shall award contracts to manage the remaining seven Type 1 sports562 |
|---|
| 613 | | - | betting licenses to separate online sports betting services providers via a public563 |
|---|
| 614 | | - | procurement process;564 |
|---|
| 615 | | - | provided, however, that a master sports betting license shall authorize the corporation565 |
|---|
| 616 | | - | through a designated online sports betting services provider to offer online sports betting.566 |
|---|
| 617 | | - | (c) A Type 1 eligible entity may contract with no more than one online sports betting567 |
|---|
| 618 | | - | services provider to operate online sports betting on behalf of the Type 1 eligible entity.568 |
|---|
| 619 | | - | (d) A Type 1 eligible entity shall provide written notice to the corporation of its intention,569 |
|---|
| 620 | | - | or its designated sports betting services provider's intention, to apply for a Type 1 sports570 |
|---|
| 621 | | - | betting license within 60 days of the effective date of this article. The failure of a Type 1571 |
|---|
| 622 | | - | eligible entity to provide such written notice shall result in the permanent disqualification572 |
|---|
| 623 | | - | and prohibition of such Type 1 eligible entity or its designated sports betting services573 |
|---|
| 624 | | - | provider from obtaining a Type 1 sports betting license.574 |
|---|
| 625 | | - | (e) A Type 1 sports betting licensee shall not offer online sports betting until the575 |
|---|
| 626 | | - | corporation has issued a license to at least one online sports betting services provider that576 |
|---|
| 627 | | - | has been awarded a sports betting license via the public procurement process as determined577 |
|---|
| 628 | | - | by the corporation.578 |
|---|
| 629 | | - | (f) All applicants for the 16 Type 1 sports betting licenses under subsection (b) of this579 |
|---|
| 630 | | - | Code section that have submitted an application within 30 days of the date in which the580 |
|---|
| 631 | | - | corporation began to accept applications for Type 1 sports betting licenses shall be given581 23 LC 36 5535S |
|---|
| 632 | | - | H. B. 380 (SUB) |
|---|
| 629 | + | (4) An individual who is a member or employee of any professional sports governing562 |
|---|
| 630 | + | body or sporting events operator;563 |
|---|
| 631 | + | (5) An individual or entity with an owner, officer, or director who has been convicted of564 |
|---|
| 632 | + | a crime of moral turpitude or similar degree as specified in rules and regulations565 |
|---|
| 633 | + | promulgated by the corporation pursuant to this article;566 |
|---|
| 634 | + | (6) A person having the ability to directly affect the outcome of a sporting event upon567 |
|---|
| 635 | + | which the applicant offers sports betting;568 |
|---|
| 636 | + | (7) A trustee or regent of a governing board of a public or private institution of higher569 |
|---|
| 637 | + | education;570 |
|---|
| 638 | + | (8) An individual prohibited by the rules or regulations of a professional sports571 |
|---|
| 639 | + | governing body or sporting events operator of a collegiate sports, team, league, or572 |
|---|
| 640 | + | association from participating in sports betting;573 |
|---|
| 641 | + | (9) A student or an employee of a public or private institution of higher education who574 |
|---|
| 642 | + | has access to material nonpublic information concerning a student athlete or a sports575 |
|---|
| 643 | + | team; and576 |
|---|
| 644 | + | (10) Any other category of persons, established by rules and regulations of the577 |
|---|
| 645 | + | corporation, that, if licensed, would negatively affect the integrity of sports betting in this578 |
|---|
| 646 | + | state.579 |
|---|
| 647 | + | (b) An individual listed in paragraphs (2) through (10) of subsection (a) of this Code580 |
|---|
| 648 | + | section may hold an ownership interest in an applicant or licensee without disqualifying581 |
|---|
| 649 | + | the applicant or licensee from obtaining or holding a license; provided, however, that such582 |
|---|
| 650 | + | an ownership interest of 25 percent or more shall require approval from the corporation.583 |
|---|
| 651 | + | In determining whether such an ownership interest shall be the basis of disqualification, the584 |
|---|
| 652 | + | corporation shall consider whether such interest would negatively affect the integrity of585 |
|---|
| 653 | + | sports betting in this state and any other factors the corporation shall deem relevant.586 23 LC 36 5434 |
|---|
| 654 | + | H. B. 380 |
|---|
| 634 | | - | an equal opportunity to first commence offering, conducting, or operating online sports582 |
|---|
| 635 | | - | betting in this state on the same day, and in any event not later than January 31, 2024.583 |
|---|
| 636 | | - | (g) A Type 1 eligible entity described in subparagraphs (A) through (D) of paragraph (40)584 |
|---|
| 637 | | - | of Code Section 50-27-122 that becomes a Type 1 sports betting licensee or designates an585 |
|---|
| 638 | | - | online sports betting services provider shall establish and maintain procedures with respect586 |
|---|
| 639 | | - | to sporting events which the Type 1 eligible entity participates in or administers to ensure587 |
|---|
| 640 | | - | avoidance of conflicts of interest in the operation of sports betting in this state.588 |
|---|
| 641 | | - | 50-27-134.589 |
|---|
| 642 | | - | (a) An online sports betting services provider shall offer online sports betting only in590 |
|---|
| 643 | | - | accordance with the provisions of this article and the rules and regulations adopted by the591 |
|---|
| 644 | | - | corporation under this article.592 |
|---|
| 645 | | - | (b) An online sports betting services provider shall obtain a license under this article593 |
|---|
| 646 | | - | before offering online sports betting pursuant to a contract with a Type 1 sports betting594 |
|---|
| 647 | | - | licensee or master sports betting licensee. An online sports betting services provider595 |
|---|
| 648 | | - | license shall entitle the holder to contract with no more than one Type 1 sports betting596 |
|---|
| 649 | | - | licensee.597 |
|---|
| 650 | | - | (c) If the holder of a Type 1 sports betting license is a Type 1 eligible entity and is a598 |
|---|
| 651 | | - | member of a league, association, or organization that prevents the holder from being599 |
|---|
| 652 | | - | subject to the regulatory control of the corporation or from otherwise operating under the600 |
|---|
| 653 | | - | license, such a Type 1 eligible entity may contractually appoint an online sports betting601 |
|---|
| 654 | | - | services provider for all aspects of corporation oversight and operations under the Type 1602 |
|---|
| 655 | | - | sports betting license.603 |
|---|
| 656 | | - | (d) Institutional investors shall be exempt from any and all qualification and disclosure604 |
|---|
| 657 | | - | requirements under this article or required under the rules and regulations promulgated by605 |
|---|
| 658 | | - | the corporation pursuant to this article. Such exemption shall extend to the owners,606 |
|---|
| 659 | | - | directors, and officers of such institutional investors.607 23 LC 36 5535S |
|---|
| 660 | | - | H. B. 380 (SUB) |
|---|
| 656 | + | 50-27-133.587 |
|---|
| 657 | + | (a) A Type 1 sports betting license authorizes a Type 1 eligible entity, or its designated588 |
|---|
| 658 | + | online sports betting services provider, to offer online sports betting. If a Type 1 eligible589 |
|---|
| 659 | + | entity designates an online sports betting services provider, the online sports betting590 |
|---|
| 660 | + | services provider is considered the applicant for a Type 1 sports betting license and is591 |
|---|
| 661 | + | considered the Type 1 sports betting licensee for all aspects of the regulatory control of the592 |
|---|
| 662 | + | corporation and the operations under the Type 1 sports betting license. The corporation593 |
|---|
| 663 | + | shall establish a procedure for a Type 1 eligible entity to designate an online sports betting594 |
|---|
| 664 | + | provider.595 |
|---|
| 665 | + | (b) The corporation shall issue not more than 16 Type 1 sports betting licenses to Type 1596 |
|---|
| 666 | + | eligible entities or their designated online sports betting services providers in accordance597 |
|---|
| 667 | + | with the following:598 |
|---|
| 668 | + | (1) Five Type 1 sports betting licenses shall be reserved for the Type 1 eligible entities599 |
|---|
| 669 | + | defined in subparagraph (A) of paragraph (41) of Code Section 50-27-122 or their600 |
|---|
| 670 | + | designated online sports betting services providers; provided, however, that more than601 |
|---|
| 671 | + | one license may be issued to an owner of multiple professional sports teams;602 |
|---|
| 672 | + | (2) One Type 1 sports betting license shall be reserved for each of the Type 1 eligible603 |
|---|
| 673 | + | entities defined in subparagraphs (B) through (E) of paragraph (41) of Code Section604 |
|---|
| 674 | + | 50-27-122 or their designated online sports betting services providers; and605 |
|---|
| 675 | + | (3) The corporation shall award contracts to manage the remaining seven Type 1 sports606 |
|---|
| 676 | + | betting licenses to separate online sports betting services providers via a public607 |
|---|
| 677 | + | procurement process;608 |
|---|
| 678 | + | provided, however, that a master sports betting license shall authorize the corporation609 |
|---|
| 679 | + | through a designated online sports betting services provider to offer online sports betting.610 |
|---|
| 680 | + | (c) A Type 1 eligible entity may contract with no more than one online sports betting611 |
|---|
| 681 | + | services provider to operate online sports betting on behalf of the Type 1 eligible entity.612 23 LC 36 5434 |
|---|
| 682 | + | H. B. 380 |
|---|
| 662 | | - | 50-27-135.608 |
|---|
| 663 | | - | Proposition bets shall only be offered on online sports betting platforms by the master609 |
|---|
| 664 | | - | sports betting licensee, an online sports betting services provider that contracts with the610 |
|---|
| 665 | | - | master sports betting licensee, or a Type 1 sports betting licensee.611 |
|---|
| 666 | | - | Part 3612 |
|---|
| 667 | | - | 50-27-150.613 |
|---|
| 668 | | - | (a) Notwithstanding any other law to the contrary, there shall be imposed an annual614 |
|---|
| 669 | | - | privilege tax of 25 percent of the adjusted gross income derived from online sports betting615 |
|---|
| 670 | | - | in accordance with this Code section.616 |
|---|
| 671 | | - | (b) The privilege tax described in subsection (a) of this Code section shall be paid by the617 |
|---|
| 672 | | - | online sports betting services provider; provided, however, that, if a Type 1 sports betting618 |
|---|
| 673 | | - | licensee does not contract with an online sports betting services provider, such privilege619 |
|---|
| 674 | | - | tax shall be paid by such Type 1 sports betting licensee as provided for in subsection (c)620 |
|---|
| 675 | | - | of this Code section. This subsection shall not apply to the master licensee.621 |
|---|
| 676 | | - | (c) The privilege tax imposed under this Code section shall be paid monthly by the online622 |
|---|
| 677 | | - | sports betting services provider based on its monthly adjusted gross income for the623 |
|---|
| 678 | | - | immediately preceding calendar month. The privilege tax shall be paid to the corporation624 |
|---|
| 679 | | - | in accordance with rules and regulations promulgated by the corporation. If the online625 |
|---|
| 680 | | - | sports betting services provider's adjusted gross income for a month is a negative number,626 |
|---|
| 681 | | - | such online sports betting services provider may carry over such negative amount to627 |
|---|
| 682 | | - | subsequent months.628 |
|---|
| 683 | | - | (d) All moneys from privilege taxes and fees collected under this Code section shall be629 |
|---|
| 684 | | - | distributed and used as provided under Article I, Section II, Paragraph VIII of the630 |
|---|
| 685 | | - | Constitution.631 23 LC 36 5535S |
|---|
| 686 | | - | H. B. 380 (SUB) |
|---|
| 684 | + | (d) A Type 1 eligible entity shall provide written notice to the corporation of its intention,613 |
|---|
| 685 | + | or its designated sports betting services provider's intention, to apply for a Type 1 sports614 |
|---|
| 686 | + | betting license within 60 days of the effective date of this article. The failure of a Type 1615 |
|---|
| 687 | + | eligible entity to provide such written notice shall result in the permanent disqualification616 |
|---|
| 688 | + | and prohibition of such Type 1 eligible entity or its designated sports betting services617 |
|---|
| 689 | + | provider from obtaining a Type 1 sports betting license.618 |
|---|
| 690 | + | (e) A Type 1 sports betting licensee shall not offer online sports betting until the619 |
|---|
| 691 | + | corporation has issued a license to at least one online sports betting services provider that620 |
|---|
| 692 | + | has been awarded a sports betting license via the public procurement process as determined621 |
|---|
| 693 | + | by the corporation.622 |
|---|
| 694 | + | (f) All applicants for the 16 Type 1 sports betting licenses under subsection (b) of this623 |
|---|
| 695 | + | Code section that have submitted an application within 30 days of the date in which the624 |
|---|
| 696 | + | corporation began to accept applications for Type 1 sports betting licenses shall be given625 |
|---|
| 697 | + | an equal opportunity to first commence offering, conducting, or operating online sports626 |
|---|
| 698 | + | betting in this state on the same day, and in any event not later than January 31, 2024.627 |
|---|
| 699 | + | 50-27-134.628 |
|---|
| 700 | + | (a) A Type 2 sports betting distributor license authorizes a Type 2 eligible retail entity to629 |
|---|
| 701 | + | offer retail sports betting on behalf of the corporation through a platform provided by one630 |
|---|
| 702 | + | or more Type 2 sports betting platform licensees; provided, however, that retail sports631 |
|---|
| 703 | + | betting shall be limited to fixed-odds betting, money line bets, over/under bets, parlay bets,632 |
|---|
| 704 | + | and bets on the spread.633 |
|---|
| 705 | + | (b) The corporation shall license not less than five nor more than seven Type 2 eligible634 |
|---|
| 706 | + | retail entities as Type 2 sports betting distributor licensees. The Type 2 sports betting635 |
|---|
| 707 | + | distributor licenses shall be issued to the Type 2 eligible retail entities upon meeting the636 |
|---|
| 708 | + | qualification and suitability criteria applicable to such Type 2 eligible retail entities637 |
|---|
| 709 | + | established under rules and regulations of the corporation.638 23 LC 36 5434 |
|---|
| 710 | + | H. B. 380 |
|---|
| 688 | | - | (e) With the exemption of licensing fees imposed by paragraph (10) of subsection (c) of632 |
|---|
| 689 | | - | Code Section 50-27-130, this privilege tax is in lieu of all other state and local sales and633 |
|---|
| 690 | | - | income taxes and fees imposed on the operation of sports betting or on the proceeds from634 |
|---|
| 691 | | - | the operation of sports betting in this state.635 |
|---|
| 692 | | - | 50-27-151.636 |
|---|
| 693 | | - | (a) Each licensee shall report to the corporation, no later than January 15 of each year:637 |
|---|
| 694 | | - | (1) The total amount of wagers received from bettors for the immediately preceding638 |
|---|
| 695 | | - | calendar year;639 |
|---|
| 696 | | - | (2) The adjusted gross income of the licensee for the immediately preceding calendar640 |
|---|
| 697 | | - | year; and641 |
|---|
| 698 | | - | (3) Any additional information required by rules and regulations of the corporation642 |
|---|
| 699 | | - | deemed in the public interest or necessary to maintain the integrity of sports betting in643 |
|---|
| 700 | | - | this state.644 |
|---|
| 701 | | - | (b) A licensee shall promptly report to the corporation any information relating to:645 |
|---|
| 702 | | - | (1) The name of any newly elected officer or director of the board of the licensed entity;646 |
|---|
| 703 | | - | and647 |
|---|
| 704 | | - | (2) The acquisition by any person of 10 percent or more of any class of corporate stock.648 |
|---|
| 705 | | - | (c) With respect to information reported under subsection (b) of this Code section, a649 |
|---|
| 706 | | - | licensee shall include with such report a statement of any conflict of interest that may exist650 |
|---|
| 707 | | - | as a result of such election or acquisition.651 |
|---|
| 708 | | - | (d) Upon receiving a report under this Code section or subsection (b) of Code652 |
|---|
| 709 | | - | Section 50-27-191, the corporation may conduct a hearing in accordance with Code Section653 |
|---|
| 710 | | - | 50-27-193 to determine whether the licensee remains in compliance with this article.654 23 LC 36 5535S |
|---|
| 711 | | - | H. B. 380 (SUB) |
|---|
| 712 | + | (c) A Type 2 sports betting distributor licensee shall maintain at least one operational place639 |
|---|
| 713 | + | of business in this state.640 |
|---|
| 714 | + | (d) Each Type 2 sports betting distributor licensee shall contract with the corporation to641 |
|---|
| 715 | + | operate retail sports betting on behalf of the corporation in exchange for 80 percent of the642 |
|---|
| 716 | + | state's proceeds from retail sports betting generated by self-service or clerk operated643 |
|---|
| 717 | + | terminals owned or operated by such Type 2 sports betting distributor.644 |
|---|
| 718 | + | (e) A Type 2 sports betting distributor licensee may offer sports betting using self-service645 |
|---|
| 719 | + | or clerk operated terminals approved by the corporation.646 |
|---|
| 720 | + | (f) Except as provided for in subsection (i) of this Code section, a Type 2 sports betting647 |
|---|
| 721 | + | distributor licensee shall not install or offer more than two sports betting terminals at the648 |
|---|
| 722 | + | Type 2 sports betting retail licensee's place of business; however, Class B machines649 |
|---|
| 723 | + | licensed by corporation under Article 3 of this chapter adapted to also function as650 |
|---|
| 724 | + | self-service terminals shall not be subject to such limitation.651 |
|---|
| 725 | + | (g) A Type 2 sports betting distributor licensee shall contract with one or more Type 2652 |
|---|
| 726 | + | sports betting platform licensees to offer retail sports betting.653 |
|---|
| 727 | + | (h) There shall be no limit on the number of Type 2 sports betting platform licenses or654 |
|---|
| 728 | + | Type 2 sports betting retail licenses.655 |
|---|
| 729 | + | (i) The corporation shall adopt rules and regulations that:656 |
|---|
| 730 | + | (1) Limit the combined revenue from sports betting and Class B machines licensed by657 |
|---|
| 731 | + | the corporation under Article 3 of this chapter to one-half of the total revenue for the658 |
|---|
| 732 | + | retail location of any Type 2 sports betting retail licensee; provided, however, that such659 |
|---|
| 733 | + | limitation shall not apply to Class B machines described in paragraph (3) of this660 |
|---|
| 734 | + | subsection;661 |
|---|
| 735 | + | (2) Prescribe the ratios by which revenue from retail sports betting shall be divided662 |
|---|
| 736 | + | among Type 2 distributor licensees, Type 2 platform licensees, and Type 2 retail663 |
|---|
| 737 | + | licensees; and664 |
|---|
| 738 | + | (3) Are reasonable and necessary to effectuate the provisions of this article.665 23 LC 36 5434 |
|---|
| 739 | + | H. B. 380 |
|---|
| 713 | | - | Part 4655 |
|---|
| 714 | | - | 50-27-160.656 |
|---|
| 715 | | - | (a) No person shall knowingly:657 |
|---|
| 716 | | - | (1) Allow a minor to place a wager;658 |
|---|
| 717 | | - | (2) Offer, accept, or extend credit to a bettor in the form of a marker; provided, however,659 |
|---|
| 718 | | - | that promotions and promotional credits shall be permitted to be offered and extended to660 |
|---|
| 719 | | - | bettors;661 |
|---|
| 720 | | - | (3) Target minors in advertising or promotions for sports betting;662 |
|---|
| 721 | | - | (4) Offer or accept a wager on any event, outcome, or occurrence other than a sporting663 |
|---|
| 722 | | - | event, including, without limitation, a high school sporting event offered, sponsored, or664 |
|---|
| 723 | | - | played in connection with a public or private institution that offers education at the665 |
|---|
| 724 | | - | secondary level; or666 |
|---|
| 725 | | - | (5) Accept a wager from an individual who is prohibited from placing a wager or bet667 |
|---|
| 726 | | - | under Code Section 50-27-162, if such person has notice or actual knowledge that such668 |
|---|
| 727 | | - | individual is prohibited from placing such a wager or bet.669 |
|---|
| 728 | | - | (b) A person that knowingly violates this Code section:670 |
|---|
| 729 | | - | (1) For a first offense, shall be indefinitely prohibited from placing a wager, be required671 |
|---|
| 730 | | - | to forfeit the proceeds of any illegal wager, and be guilty of a misdemeanor; and672 |
|---|
| 731 | | - | (2) For a second or subsequent offense, shall be required to forfeit the proceeds of any673 |
|---|
| 732 | | - | illegal wager and be guilty of a misdemeanor of a high and aggravated nature.674 |
|---|
| 733 | | - | 50-27-161.675 |
|---|
| 734 | | - | Except for those individuals ineligible to place bets under Code Section 50-27-162, an676 |
|---|
| 735 | | - | individual who is 21 years of age or older and who is physically located in this state may677 |
|---|
| 736 | | - | place a wager in the manner authorized under this article and the rules and regulations of678 |
|---|
| 737 | | - | the corporation.679 23 LC 36 5535S |
|---|
| 738 | | - | H. B. 380 (SUB) |
|---|
| 741 | + | 50-27-135.666 |
|---|
| 742 | + | (a) An online sports betting services provider shall offer online sports betting only in667 |
|---|
| 743 | + | accordance with the provisions of this article and the rules and regulations adopted by the668 |
|---|
| 744 | + | corporation under this article.669 |
|---|
| 745 | + | (b) An online sports betting services provider shall obtain a license under this article670 |
|---|
| 746 | + | before offering online sports betting pursuant to a contract with a Type 1 sports betting671 |
|---|
| 747 | + | licensee or master sports betting licensee. An online sports betting services provider672 |
|---|
| 748 | + | license shall entitle the holder to contract with no more than one Type 1 sports betting673 |
|---|
| 749 | + | licensee.674 |
|---|
| 750 | + | (c) If the holder of a Type 1 sports betting license is a Type 1 eligible entity and is a675 |
|---|
| 751 | + | member of a league, association, or organization that prevents the holder from being676 |
|---|
| 752 | + | subject to the regulatory control of the corporation or from otherwise operating under the677 |
|---|
| 753 | + | license, such a Type 1 eligible entity may contractually appoint an online sports betting678 |
|---|
| 754 | + | services provider for all aspects of corporation oversight and operations under the Type 1679 |
|---|
| 755 | + | sports betting license.680 |
|---|
| 756 | + | (d) Institutional investors shall be exempt from any and all qualification and disclosure681 |
|---|
| 757 | + | requirements under this article or required under the rules and regulations promulgated by682 |
|---|
| 758 | + | the corporation pursuant to this article. Such exemption shall extend to the owners,683 |
|---|
| 759 | + | directors, and officers of such institutional investors.684 |
|---|
| 760 | + | Part 3685 |
|---|
| 761 | + | 50-27-150.686 |
|---|
| 762 | + | (a) Notwithstanding any other law to the contrary, there shall be imposed an annual687 |
|---|
| 763 | + | privilege tax of 15 percent of the adjusted gross income derived from online sports betting688 |
|---|
| 764 | + | in accordance with this Code section.689 23 LC 36 5434 |
|---|
| 765 | + | H. B. 380 |
|---|
| 740 | | - | 50-27-162.680 |
|---|
| 741 | | - | (a) The following individuals and categories of individuals shall not, directly or indirectly,681 |
|---|
| 742 | | - | place a wager on sporting events or online sports betting platforms in this state:682 |
|---|
| 743 | | - | (1) A member, officer, or employee of the corporation shall not place a wager on any683 |
|---|
| 744 | | - | sporting event or platform;684 |
|---|
| 745 | | - | (2) A corporation vendor employee shall not place a wager on a sporting event using685 |
|---|
| 746 | | - | their employer's platform;686 |
|---|
| 747 | | - | (3) A licensee or principal owner, partner, member of the board of directors, officer, or687 |
|---|
| 748 | | - | supervisory employee of a licensee shall not place a wager on the licensee's platform;688 |
|---|
| 749 | | - | (4) A person that provides good or services to a licensee or any principal owner, partner,689 |
|---|
| 750 | | - | member of the board of directors, officer, or supervisory employee of a person that690 |
|---|
| 751 | | - | provides such goods or services shall not place a wager on the licensee's platform;691 |
|---|
| 752 | | - | (5) A contractor, subcontractor, or consultant or any officer or employee of a contractor,692 |
|---|
| 753 | | - | subcontractor, or consultant of a licensee shall not place a wager on the licensee's693 |
|---|
| 754 | | - | platform, if such individual is directly involved in the licensee's operation of sports694 |
|---|
| 755 | | - | betting or the processing of sports betting claims or payments through the licensee's695 |
|---|
| 756 | | - | platform;696 |
|---|
| 757 | | - | (6) An individual subject to a contract with the corporation shall not place a wager on697 |
|---|
| 758 | | - | any platform, if the contract contains a provision prohibiting the individual from698 |
|---|
| 759 | | - | participating in sports betting;699 |
|---|
| 760 | | - | (7) An individual with access to material nonpublic information that is known700 |
|---|
| 761 | | - | exclusively by an individual who is prohibited from placing a wager in this state under701 |
|---|
| 762 | | - | this Code section shall not use any such information to place a wager on any sporting702 |
|---|
| 763 | | - | event or platform;703 |
|---|
| 764 | | - | (8) An amateur or Olympic athlete shall not place a wager on any sporting event in704 |
|---|
| 765 | | - | which the athlete participates;705 23 LC 36 5535S |
|---|
| 766 | | - | H. B. 380 (SUB) |
|---|
| 767 | + | (b) The privilege tax described in subsection (a) of this Code section shall be paid by the690 |
|---|
| 768 | + | online sports betting services provider.691 |
|---|
| 769 | + | (c) The privilege tax imposed under this Code section shall be paid monthly by the online692 |
|---|
| 770 | + | sports betting services provider based on its monthly adjusted gross income for the693 |
|---|
| 771 | + | immediately preceding calendar month. The privilege tax shall be paid to the corporation694 |
|---|
| 772 | + | in accordance with rules and regulations promulgated by the corporation. If the online695 |
|---|
| 773 | + | sports betting services provider's adjusted gross income for a month is a negative number,696 |
|---|
| 774 | + | such online sports betting services provider may carry over such negative amount to697 |
|---|
| 775 | + | subsequent months.698 |
|---|
| 776 | + | (d) All moneys from privilege taxes and fees collected under this Code section shall be699 |
|---|
| 777 | + | distributed and used as provided under Article I, Section II, Paragraph VIII of the700 |
|---|
| 778 | + | Constitution.701 |
|---|
| 779 | + | (e) With the exemption of licensing fees imposed by paragraph (10) of subsection (c) of702 |
|---|
| 780 | + | Code Section 50-27-130, this privilege tax is in lieu of all other state and local taxes and703 |
|---|
| 781 | + | fees imposed on the operation of sports betting or on the proceeds from the operation of704 |
|---|
| 782 | + | sports betting in this state.705 |
|---|
| 783 | + | 50-27-151.706 |
|---|
| 784 | + | (a) Each licensee shall report to the corporation, no later than January 15 of each year:707 |
|---|
| 785 | + | (1) The total amount of wagers received from bettors for the immediately preceding708 |
|---|
| 786 | + | calendar year;709 |
|---|
| 787 | + | (2) The adjusted gross income of the licensee for the immediately preceding calendar710 |
|---|
| 788 | + | year; and711 |
|---|
| 789 | + | (3) Any additional information required by rules and regulations of the corporation712 |
|---|
| 790 | + | deemed in the public interest or necessary to maintain the integrity of sports betting in713 |
|---|
| 791 | + | this state.714 |
|---|
| 792 | + | (b) A licensee shall promptly report to the corporation any information relating to:715 23 LC 36 5434 |
|---|
| 793 | + | H. B. 380 |
|---|
| 768 | | - | (9) A professional athlete shall not place a wager on any sporting event overseen by such706 |
|---|
| 769 | | - | athlete's professional sports governing body or sporting events operator;707 |
|---|
| 770 | | - | (10) An owner or employee of a team, player, umpire, or sports union personnel, or708 |
|---|
| 771 | | - | employee, referee, coach, or official of a professional sports governing body or sporting709 |
|---|
| 772 | | - | events operator shall not place a wager on any sporting event, if the wager is based on a710 |
|---|
| 773 | | - | sporting event overseen by the individual's professional sports governing body or sporting711 |
|---|
| 774 | | - | events operator;712 |
|---|
| 775 | | - | (11) An individual having the ability to directly affect the outcome of a sporting event713 |
|---|
| 776 | | - | shall not place a wager on such sporting event;714 |
|---|
| 777 | | - | (12) A trustee or regent of a governing board of a public or private institution of higher715 |
|---|
| 778 | | - | education shall not place a wager on a collegiate sporting event;716 |
|---|
| 779 | | - | (13) An individual prohibited by the rules or regulations of a professional sports717 |
|---|
| 780 | | - | governing body or sporting events operator of a collegiate sports, team, league, or718 |
|---|
| 781 | | - | association from participating in sports betting shall not place a wager on any sporting719 |
|---|
| 782 | | - | event to which such prohibition applies; and720 |
|---|
| 783 | | - | (14) A student or an employee of a public or private institution of higher education who721 |
|---|
| 784 | | - | has access to material nonpublic information concerning a student athlete or a sports team722 |
|---|
| 785 | | - | shall be prohibited from placing a wager on a collegiate sporting event if such723 |
|---|
| 786 | | - | information is relevant to the outcome of such event.724 |
|---|
| 787 | | - | (b) The corporation may prescribe by rules and regulations additional individuals and725 |
|---|
| 788 | | - | categories of individuals who are prohibited from placing a wager on specified sporting726 |
|---|
| 789 | | - | events or online sports betting platforms in this state.727 |
|---|
| 790 | | - | (c) The corporation shall prescribe by rules and regulations any measures necessary to728 |
|---|
| 791 | | - | ensure individuals who are prohibited from placing a wager on specified sporting events729 |
|---|
| 792 | | - | or online sports betting platforms in this state shall not be permitted to collude with730 |
|---|
| 793 | | - | individuals not specifically enumerated in subsection (a) of this Code section to directly731 |
|---|
| 794 | | - | affect the outcome of a sporting event.732 23 LC 36 5535S |
|---|
| 795 | | - | H. B. 380 (SUB) |
|---|
| 795 | + | (1) The name of any newly elected officer or director of the board of the licensed entity;716 |
|---|
| 796 | + | and717 |
|---|
| 797 | + | (2) The acquisition by any person of 10 percent or more of any class of corporate stock.718 |
|---|
| 798 | + | (c) With respect to information reported under subsection (b) of this Code section, a719 |
|---|
| 799 | + | licensee shall include with such report a statement of any conflict of interest that may exist720 |
|---|
| 800 | + | as a result of such election or acquisition.721 |
|---|
| 801 | + | (d) Upon receiving a report under this Code section or subsection (b) of Code722 |
|---|
| 802 | + | Section 50-27-191, the corporation may conduct a hearing in accordance with Code Section723 |
|---|
| 803 | + | 50-27-193 to determine whether the licensee remains in compliance with this article.724 |
|---|
| 804 | + | Part 4725 |
|---|
| 805 | + | 50-27-160.726 |
|---|
| 806 | + | (a) No person shall knowingly:727 |
|---|
| 807 | + | (1) Allow a minor to place a wager;728 |
|---|
| 808 | + | (2) Offer, accept, or extend credit to a bettor in the form of a marker; provided, however,729 |
|---|
| 809 | + | that promotions and promotional credits shall be permitted to be offered and extended to730 |
|---|
| 810 | + | bettors;731 |
|---|
| 811 | + | (3) Target minors in advertising or promotions for sports betting;732 |
|---|
| 812 | + | (4) Offer or accept a wager on any event, outcome, or occurrence other than a sporting733 |
|---|
| 813 | + | event, including, without limitation, a high school sporting event offered, sponsored, or734 |
|---|
| 814 | + | played in connection with a public or private institution that offers education at the735 |
|---|
| 815 | + | secondary level; or736 |
|---|
| 816 | + | (5) Accept a wager from an individual who is prohibited from placing a wager or bet737 |
|---|
| 817 | + | under Code Section 50-27-162.738 |
|---|
| 818 | + | (b) A person that knowingly violates this Code section:739 |
|---|
| 819 | + | (1) For a first offense, shall be guilty of a misdemeanor; and740 23 LC 36 5434 |
|---|
| 820 | + | H. B. 380 |
|---|
| 797 | | - | (d) Any individual who places a wager in violation of this Code section:733 |
|---|
| 798 | | - | (1) For a first offense, shall be indefinitely prohibited from placing a wager, be required734 |
|---|
| 799 | | - | to forfeit the proceeds of any illegal wager, be guilty of a misdemeanor, and be fined not735 |
|---|
| 800 | | - | less than $500.00 nor more than $1,000.00;736 |
|---|
| 801 | | - | (2) For a second offense, shall be:737 |
|---|
| 802 | | - | (A) Required to forfeit the proceeds of any illegal wager;738 |
|---|
| 803 | | - | (B) Guilty of a misdemeanor; and739 |
|---|
| 804 | | - | (C) Fined not less than $5,000.00 or imprisoned for not less than one month nor more740 |
|---|
| 805 | | - | than five months, or both; and741 |
|---|
| 806 | | - | (3) For a third or subsequent offense, shall be:742 |
|---|
| 807 | | - | (A) Required to forfeit the proceeds of any illegal wager; 743 |
|---|
| 808 | | - | (B) Guilty of a misdemeanor of a high and aggravated nature; and744 |
|---|
| 809 | | - | (C) Fined not less than $7,500.00 or imprisoned for not less than three months, or both.745 |
|---|
| 810 | | - | 50-27-163.746 |
|---|
| 811 | | - | (a) The corporation shall by rules and regulations prohibit betting on injuries, penalties,747 |
|---|
| 812 | | - | the outcome of player discipline rulings or replay reviews, and any other type or form of748 |
|---|
| 813 | | - | betting under this article that is contrary to public policy or unfair to bettors.749 |
|---|
| 814 | | - | (b)(1) A professional sports governing body or sporting events operator may submit to750 |
|---|
| 815 | | - | the corporation in writing, by providing notice in such form and manner as the751 |
|---|
| 816 | | - | corporation may require, a request to restrict, limit, or prohibit a certain type, form, or752 |
|---|
| 817 | | - | category of sports betting with respect to its sporting events, if the professional sports753 |
|---|
| 818 | | - | governing body or sporting events operator believes that such type, form, or category of754 |
|---|
| 819 | | - | sports betting with respect to its sporting events may undermine the integrity or perceived755 |
|---|
| 820 | | - | integrity of such professional sports governing body or sporting events operator or its756 |
|---|
| 821 | | - | sporting events. The corporation shall request comments from sports betting licensees757 |
|---|
| 822 | | - | and sports betting services provider licensees on all such requests it receives.758 23 LC 36 5535S |
|---|
| 823 | | - | H. B. 380 (SUB) |
|---|
| 822 | + | (2) For a second or subsequent offense, shall be guilty of a misdemeanor of a high and741 |
|---|
| 823 | + | aggravated nature.742 |
|---|
| 824 | + | 50-27-161.743 |
|---|
| 825 | + | Except for those individuals ineligible to place bets under Code Section 50-27-162, an744 |
|---|
| 826 | + | individual who is 21 years of age or older and who is physically located in this state may745 |
|---|
| 827 | + | place a wager in the manner authorized under this article and the rules and regulations of746 |
|---|
| 828 | + | the corporation.747 |
|---|
| 829 | + | 50-27-162.748 |
|---|
| 830 | + | (a) The following individuals and categories of individuals shall not, directly or indirectly,749 |
|---|
| 831 | + | place a wager on sporting events or online sports betting platforms in this state:750 |
|---|
| 832 | + | (1) A member, officer, or employee of the corporation shall not place a wager on any751 |
|---|
| 833 | + | sporting event or platform;752 |
|---|
| 834 | + | (2) A corporation vendor employee shall not place a wager on a sporting event using753 |
|---|
| 835 | + | their employer's platform;754 |
|---|
| 836 | + | (3) A licensee or principal owner, partner, member of the board of directors, officer, or755 |
|---|
| 837 | + | supervisory employee of a licensee shall not place a wager on the licensee's platform;756 |
|---|
| 838 | + | (4) A person that provides good or services to a licensee or any principal owner, partner,757 |
|---|
| 839 | + | member of the board of directors, officer, or supervisory employee of a person that758 |
|---|
| 840 | + | provides such goods or services shall not place a wager on the licensee's platform;759 |
|---|
| 841 | + | (5) A contractor, subcontractor, or consultant or any officer or employee of a contractor,760 |
|---|
| 842 | + | subcontractor, or consultant of a licensee shall not place a wager on the licensee's761 |
|---|
| 843 | + | platform, if such individual is directly involved in the licensee's operation of sports762 |
|---|
| 844 | + | betting or the processing of sports betting claims or payments through the licensee's763 |
|---|
| 845 | + | platform;764 23 LC 36 5434 |
|---|
| 846 | + | H. B. 380 |
|---|
| 825 | | - | (2) After giving due consideration to all comments received, the corporation shall, upon759 |
|---|
| 826 | | - | demonstration of good cause from the requestor that such type, form, or category of760 |
|---|
| 827 | | - | sports betting is likely to undermine the integrity or perceived integrity of such761 |
|---|
| 828 | | - | professional sports governing body or sporting events operator or its sporting events,762 |
|---|
| 829 | | - | grant the request. The corporation shall respond to a request concerning a particular763 |
|---|
| 830 | | - | sporting event before the start of the event, or if it is not feasible to respond before then,764 |
|---|
| 831 | | - | no later than seven days after the request is made. If the corporation determines that the765 |
|---|
| 832 | | - | requestor is more likely than not to prevail in successfully demonstrating good cause for766 |
|---|
| 833 | | - | its request, the corporation may provisionally grant the request of the professional sports767 |
|---|
| 834 | | - | governing body or sporting events operator until the corporation makes a final768 |
|---|
| 835 | | - | determination as to whether the requestor has demonstrated good cause. Absent such a769 |
|---|
| 836 | | - | provisional grant by the corporation, sports betting licensees may continue to offer sports770 |
|---|
| 837 | | - | betting on sporting events that are the subject of such a request during the pendency of771 |
|---|
| 838 | | - | the corporation's consideration of the applicable request.772 |
|---|
| 839 | | - | Part 5773 |
|---|
| 840 | | - | 50-27-170.774 |
|---|
| 841 | | - | (a) Prior to placing a wager with a licensee via online sports betting, a bettor shall register775 |
|---|
| 842 | | - | and establish a player account with the licensee remotely and attest that the bettor meets776 |
|---|
| 843 | | - | the requirements to place a wager with a licensee in this state. Prior to verification of a777 |
|---|
| 844 | | - | bettor's identity in accordance with this Code section, a licensee shall not allow the bettor778 |
|---|
| 845 | | - | to engage in sports betting, make a deposit, or process a withdrawal via online sports779 |
|---|
| 846 | | - | betting. A licensee shall implement commercially and technologically reasonable780 |
|---|
| 847 | | - | procedures to prevent access to sports betting by minors on its online sports betting781 |
|---|
| 848 | | - | platforms. A licensee may use information obtained from third parties to verify that an782 23 LC 36 5535S |
|---|
| 849 | | - | H. B. 380 (SUB) |
|---|
| 848 | + | (6) An individual subject to a contract with the corporation shall not place a wager on765 |
|---|
| 849 | + | any platform, if the contract contains a provision prohibiting the individual from766 |
|---|
| 850 | + | participating in sports betting;767 |
|---|
| 851 | + | (7) An individual with access to material nonpublic information that is known768 |
|---|
| 852 | + | exclusively by an individual who is prohibited from placing a wager in this state under769 |
|---|
| 853 | + | this Code section shall not use any such information to place a wager on any sporting770 |
|---|
| 854 | + | event or platform;771 |
|---|
| 855 | + | (8) An amateur or Olympic athlete shall not place a wager on any sporting event in772 |
|---|
| 856 | + | which the athlete participates;773 |
|---|
| 857 | + | (9) A professional athlete shall not place a wager on any sporting event overseen by such774 |
|---|
| 858 | + | athlete's professional sports governing body or sporting events operator;775 |
|---|
| 859 | + | (10) An owner or employee of a team, player, umpire, or sports union personnel, or776 |
|---|
| 860 | + | employee, referee, coach, or official of a professional sports governing body or sporting777 |
|---|
| 861 | + | events operator shall not place a wager on any sporting event, if the wager is based on a778 |
|---|
| 862 | + | sporting event overseen by the individual's professional sports governing body or sporting779 |
|---|
| 863 | + | events operator;780 |
|---|
| 864 | + | (11) An individual having the ability to directly affect the outcome of a sporting event781 |
|---|
| 865 | + | shall not place a wager on such sporting event;782 |
|---|
| 866 | + | (12) A trustee or regent of a governing board of a public or private institution of higher783 |
|---|
| 867 | + | education shall not place a wager on a collegiate sporting event;784 |
|---|
| 868 | + | (13) An individual prohibited by the rules or regulations of a professional sports785 |
|---|
| 869 | + | governing body or sporting events operator of a collegiate sports, team, league, or786 |
|---|
| 870 | + | association from participating in sports betting shall not place a wager on any sporting787 |
|---|
| 871 | + | event to which such prohibition applies; and788 |
|---|
| 872 | + | (14) A student or an employee of a public or private institution of higher education who789 |
|---|
| 873 | + | has access to material nonpublic information concerning a student athlete or a sports team790 23 LC 36 5434 |
|---|
| 874 | + | H. B. 380 |
|---|
| 851 | | - | individual is authorized to open an account, place wagers, and make deposits and783 |
|---|
| 852 | | - | withdrawals.784 |
|---|
| 853 | | - | (b) Each online sports betting services provider licensee shall adopt a registration policy785 |
|---|
| 854 | | - | to ensure that all bettors utilizing online sports betting are authorized to place a wager with786 |
|---|
| 855 | | - | a licensee within this state. Such policy shall include, without limitation, commercially787 |
|---|
| 856 | | - | reasonable mechanisms which shall:788 |
|---|
| 857 | | - | (1) Verify the name and age of the registrant;789 |
|---|
| 858 | | - | (2) Verify that the registrant is not knowingly prohibited from placing a wager under790 |
|---|
| 859 | | - | Code Section 50-27-162; and791 |
|---|
| 860 | | - | (3) Obtain the following information from the registrant:792 |
|---|
| 861 | | - | (A) Legal name;793 |
|---|
| 862 | | - | (B) Date of birth;794 |
|---|
| 863 | | - | (C) Physical address other than a post office box;795 |
|---|
| 864 | | - | (D) Phone number;796 |
|---|
| 865 | | - | (E) A unique username; and797 |
|---|
| 866 | | - | (F) An active email account.798 |
|---|
| 867 | | - | (c) Each online sports betting services provider licensee may in its discretion require a799 |
|---|
| 868 | | - | bettor to provide the licensee with a signed and notarized document attesting that the bettor800 |
|---|
| 869 | | - | is qualified to engage in sports betting under this article as part of the registration policy801 |
|---|
| 870 | | - | of the licensee.802 |
|---|
| 871 | | - | (d) A bettor shall not register more than one account with a licensee, and each licensee803 |
|---|
| 872 | | - | shall use commercially and technologically reasonable means to ensure that each bettor is804 |
|---|
| 873 | | - | limited to one account.805 |
|---|
| 874 | | - | (e) Each online sports betting services provider licensee, in addition to complying with806 |
|---|
| 875 | | - | state and federal law pertaining to the protection of the private, personal information of807 |
|---|
| 876 | | - | registered bettors, shall use all other commercially and technologically reasonable means808 |
|---|
| 877 | | - | to protect such information consistent with industry standards.809 23 LC 36 5535S |
|---|
| 878 | | - | H. B. 380 (SUB) |
|---|
| 876 | + | shall be prohibited from placing a wager on a collegiate sporting event if such791 |
|---|
| 877 | + | information is relevant to the outcome of such event.792 |
|---|
| 878 | + | (b) The corporation may prescribe by rules and regulations additional individuals and793 |
|---|
| 879 | + | categories of individuals who are prohibited from placing a wager on specified sporting794 |
|---|
| 880 | + | events or online sports betting platforms in this state.795 |
|---|
| 881 | + | (c) Any individual who places a wager in violation of this Code section:796 |
|---|
| 882 | + | (1) For a first offense, shall be guilty of a misdemeanor;797 |
|---|
| 883 | + | (2) For a second offense, shall be guilty of a misdemeanor and shall be fined not less798 |
|---|
| 884 | + | than $500.00 nor more than $1,000.00 or shall be imprisoned for not less than one month799 |
|---|
| 885 | + | nor more than five months, or both; and800 |
|---|
| 886 | + | (3) For a third or subsequent offense, shall be guilty of a misdemeanor of a high and801 |
|---|
| 887 | + | aggravated nature and shall be fined not less than $750.00 or shall be imprisoned for not802 |
|---|
| 888 | + | less than three months, or both.803 |
|---|
| 889 | + | 50-27-163.804 |
|---|
| 890 | + | (a) The corporation shall by rules and regulations prohibit betting on injuries, penalties,805 |
|---|
| 891 | + | the outcome of player discipline rulings or replay reviews, and any other type or form of806 |
|---|
| 892 | + | betting under this article that is contrary to public policy or unfair to bettors.807 |
|---|
| 893 | + | (b)(1) A professional sports governing body or sporting events operator may submit to808 |
|---|
| 894 | + | the corporation in writing, by providing notice in such form and manner as the809 |
|---|
| 895 | + | corporation may require, a request to restrict, limit, or prohibit a certain type, form, or810 |
|---|
| 896 | + | category of sports betting with respect to its sporting events, if the professional sports811 |
|---|
| 897 | + | governing body or sporting events operator believes that such type, form, or category of812 |
|---|
| 898 | + | sports betting with respect to its sporting events may undermine the integrity or perceived813 |
|---|
| 899 | + | integrity of such professional sports governing body or sporting events operator or its814 |
|---|
| 900 | + | sporting events. The corporation shall request comments from sports betting licensees815 |
|---|
| 901 | + | and sports betting services provider licensees on all such requests it receives.816 23 LC 36 5434 |
|---|
| 902 | + | H. B. 380 |
|---|
| 880 | | - | (f) When a bettor's account is created, a bettor may fund the account through:810 |
|---|
| 881 | | - | (1) Electronic bank transfer of funds, including such transfers through third parties;811 |
|---|
| 882 | | - | (2) Debit cards;812 |
|---|
| 883 | | - | (3) Online and mobile payment systems that support online money transfers; and813 |
|---|
| 884 | | - | (4) Any other method approved by rules and regulations of the corporation.814 |
|---|
| 885 | | - | (g)(1) Licensees shall not allow bets to be placed until first verifying the identity of the815 |
|---|
| 886 | | - | bettor pursuant to this Code section and by rules promulgated by the corporation.816 |
|---|
| 887 | | - | Further, and pursuant to rules promulgated by the corporation, licensees shall establish817 |
|---|
| 888 | | - | safeguards, including, but not limited to, access notifications and similar security818 |
|---|
| 889 | | - | safeguards, to protect each bettor's account.819 |
|---|
| 890 | | - | (2) If a licensee determines that the information provided by a bettor to make a deposit820 |
|---|
| 891 | | - | or process a withdrawal is inaccurate or incapable of verification or violates the policies821 |
|---|
| 892 | | - | and procedures of the licensee, the licensee shall, within ten days, require the submission822 |
|---|
| 893 | | - | of additional information that can be used to verify the identity of such bettor.823 |
|---|
| 894 | | - | (3) If such information is not provided or does not result in verification of the bettor's824 |
|---|
| 895 | | - | identity, the licensee shall:825 |
|---|
| 896 | | - | (A) Immediately suspend the bettor's account and shall not allow the bettor to place826 |
|---|
| 897 | | - | wagers;827 |
|---|
| 898 | | - | (B) Retain any winnings attributable to the bettor;828 |
|---|
| 899 | | - | (C) Refund the balance of deposits made to the account to the source of such deposit829 |
|---|
| 900 | | - | or by issuance of a check; and830 |
|---|
| 901 | | - | (D) Suspend the account.831 |
|---|
| 902 | | - | (h) A licensee shall utilize geofencing technology to ensure that online sports betting is832 |
|---|
| 903 | | - | available only to bettors who are physically located in this state. Servers, including the use833 |
|---|
| 904 | | - | of backup servers, may be located outside of this state, consistent with federal law. To the834 |
|---|
| 905 | | - | extent required by federal law, a licensee shall maintain in this state the servers it uses to835 |
|---|
| 906 | | - | accept wagers on a sporting event placed by bettors located in this state.836 23 LC 36 5535S |
|---|
| 907 | | - | H. B. 380 (SUB) |
|---|
| 904 | + | (2) After giving due consideration to all comments received, the corporation shall, upon817 |
|---|
| 905 | + | demonstration of good cause from the requestor that such type, form, or category of818 |
|---|
| 906 | + | sports betting is likely to undermine the integrity or perceived integrity of such819 |
|---|
| 907 | + | professional sports governing body or sporting events operator or its sporting events,820 |
|---|
| 908 | + | grant the request. The corporation shall respond to a request concerning a particular821 |
|---|
| 909 | + | sporting event before the start of the event, or if it is not feasible to respond before then,822 |
|---|
| 910 | + | no later than seven days after the request is made. If the corporation determines that the823 |
|---|
| 911 | + | requestor is more likely than not to prevail in successfully demonstrating good cause for824 |
|---|
| 912 | + | its request, the corporation may provisionally grant the request of the professional sports825 |
|---|
| 913 | + | governing body or sporting events operator until the corporation makes a final826 |
|---|
| 914 | + | determination as to whether the requestor has demonstrated good cause. Absent such a827 |
|---|
| 915 | + | provisional grant by the corporation, sports betting licensees may continue to offer sports828 |
|---|
| 916 | + | betting on sporting events that are the subject of such a request during the pendency of829 |
|---|
| 917 | + | the corporation's consideration of the applicable request.830 |
|---|
| 918 | + | Part 5831 |
|---|
| 919 | + | 50-27-170.832 |
|---|
| 920 | + | (a) Prior to placing a wager with a licensee via online sports betting, a bettor shall register833 |
|---|
| 921 | + | and establish a player account with the licensee remotely and attest that the bettor meets834 |
|---|
| 922 | + | the requirements to place a wager with a licensee in this state. Prior to verification of a835 |
|---|
| 923 | + | bettor's identity in accordance with this Code section, a licensee shall not allow the bettor836 |
|---|
| 924 | + | to engage in sports betting, make a deposit, or process a withdrawal via online sports837 |
|---|
| 925 | + | betting. A licensee shall implement commercially and technologically reasonable838 |
|---|
| 926 | + | procedures to prevent access to sports betting by minors on its online sports betting839 |
|---|
| 927 | + | platforms. A licensee may use information obtained from third parties to verify that an840 23 LC 36 5434 |
|---|
| 928 | + | H. B. 380 |
|---|
| 909 | | - | (i) Each online sports betting services provider licensee shall clearly and conspicuously837 |
|---|
| 910 | | - | display on its website a statement indicating that it is illegal for a person under 21 years of838 |
|---|
| 911 | | - | age to engage in sports betting in this state.839 |
|---|
| 912 | | - | (j) The corporation shall promulgate rules and regulations for purposes of regulating sports840 |
|---|
| 913 | | - | betting via online sports betting.841 |
|---|
| 914 | | - | 50-27-171.842 |
|---|
| 915 | | - | (a) Licensees shall allow bettors to limit their betting activity with the licensee by, at a843 |
|---|
| 916 | | - | minimum, giving bettors the opportunity to place limits on the amounts deposited, the844 |
|---|
| 917 | | - | amounts wagered, and the amount of time spent wagering. Licensees shall take reasonable845 |
|---|
| 918 | | - | steps to prevent bettors from overriding their self-imposed responsible gambling limits.846 |
|---|
| 919 | | - | At the request of a bettor, a licensee may share the requested limitations with the847 |
|---|
| 920 | | - | corporation for the sole purpose of disseminating the request to other licensees.848 |
|---|
| 921 | | - | (b) The corporation shall promulgate rules and regulations that require a licensee to849 |
|---|
| 922 | | - | implement responsible sports betting programs that include comprehensive training on850 |
|---|
| 923 | | - | responding to circumstances in which individuals present signs of problem gambling or a851 |
|---|
| 924 | | - | betting or gambling disorder.852 |
|---|
| 925 | | - | (c) The corporation shall work with national and local organizations to provide services853 |
|---|
| 926 | | - | for individuals with problem gambling or a betting or gambling disorder and to establish854 |
|---|
| 927 | | - | prevention initiatives to reduce the number of individuals with problem gambling or a855 |
|---|
| 928 | | - | betting or gambling disorder, including, but not limited to, utilizing currently established856 |
|---|
| 929 | | - | programs for problem gambling or betting or gambling disorders.857 |
|---|
| 930 | | - | (d) All sports betting advertisements shall prominently display messaging designed to858 |
|---|
| 931 | | - | prevent problem gambling and provide information about how to access resources related859 |
|---|
| 932 | | - | to problem gambling, including the National Council on Problem Gambling's helpline or860 |
|---|
| 933 | | - | other similar toll-free helpline.861 23 LC 36 5535S |
|---|
| 934 | | - | H. B. 380 (SUB) |
|---|
| 930 | + | individual is authorized to open an account, place wagers, and make deposits and841 |
|---|
| 931 | + | withdrawals.842 |
|---|
| 932 | + | (b) Each online sports betting services provider licensee shall adopt a registration policy843 |
|---|
| 933 | + | to ensure that all bettors utilizing online sports betting are authorized to place a wager with844 |
|---|
| 934 | + | a licensee within this state. Such policy shall include, without limitation, commercially845 |
|---|
| 935 | + | reasonable mechanisms which shall:846 |
|---|
| 936 | + | (1) Verify the name and age of the registrant;847 |
|---|
| 937 | + | (2) Verify that the registrant is not knowingly prohibited from placing a wager under848 |
|---|
| 938 | + | Code Section 50-27-162; and849 |
|---|
| 939 | + | (3) Obtain the following information from the registrant:850 |
|---|
| 940 | + | (A) Legal name;851 |
|---|
| 941 | + | (B) Date of birth;852 |
|---|
| 942 | + | (C) Physical address other than a post office box;853 |
|---|
| 943 | + | (D) Phone number;854 |
|---|
| 944 | + | (E) A unique username; and855 |
|---|
| 945 | + | (F) An active email account.856 |
|---|
| 946 | + | (c) Each online sports betting services provider licensee may in its discretion require a857 |
|---|
| 947 | + | bettor to provide the licensee with a signed and notarized document attesting that the bettor858 |
|---|
| 948 | + | is qualified to engage in sports betting under this article as part of the registration policy859 |
|---|
| 949 | + | of the licensee.860 |
|---|
| 950 | + | (d) A bettor shall not register more than one account with a licensee, and each licensee861 |
|---|
| 951 | + | shall use commercially and technologically reasonable means to ensure that each bettor is862 |
|---|
| 952 | + | limited to one account.863 |
|---|
| 953 | + | (e) Each online sports betting services provider licensee, in addition to complying with864 |
|---|
| 954 | + | state and federal law pertaining to the protection of the private, personal information of865 |
|---|
| 955 | + | registered bettors, shall use all other commercially and technologically reasonable means866 |
|---|
| 956 | + | to protect such information consistent with industry standards.867 23 LC 36 5434 |
|---|
| 957 | + | H. B. 380 |
|---|
| 936 | | - | (e) The corporation shall annually generate a report outlining activities with respect to862 |
|---|
| 937 | | - | problem gambling and betting or gambling disorders, including, but not limited to,863 |
|---|
| 938 | | - | descriptions of programs, grants, and other resources made available; the number of864 |
|---|
| 939 | | - | individuals seeking assistance; the number of individuals who reported completing865 |
|---|
| 940 | | - | programs and therapies; and the rate of recidivism, if known to the corporation. The866 |
|---|
| 941 | | - | corporation shall file the annual report with the Governor, the Lieutenant Governor, and867 |
|---|
| 942 | | - | the Speaker of the House of Representatives and shall publish such report on its website868 |
|---|
| 943 | | - | no later than January 30 of each year.869 |
|---|
| 944 | | - | 50-27-172.870 |
|---|
| 945 | | - | (a) Each licensee shall adopt and adhere to a written, comprehensive policy outlining its871 |
|---|
| 946 | | - | rules governing the acceptance of wagers and payouts. Such policy and rules must be872 |
|---|
| 947 | | - | approved by the corporation prior to the acceptance of a wager by a licensee. Such policy873 |
|---|
| 948 | | - | and rules must be readily available to a bettor on the licensee's website.874 |
|---|
| 949 | | - | (b) The corporation shall promulgate rules and regulations regarding:875 |
|---|
| 950 | | - | (1) The manner in which a licensee accepts wagers from and issues payouts to bettors,876 |
|---|
| 951 | | - | including payouts in excess of $10,000.00; and877 |
|---|
| 952 | | - | (2) Requirements for reporting suspicious wagers.878 |
|---|
| 953 | | - | Part 6879 |
|---|
| 954 | | - | 50-27-180.880 |
|---|
| 955 | | - | (a) Licensees are not required to use official league data or official event data for881 |
|---|
| 956 | | - | determining the results of:882 |
|---|
| 957 | | - | (1) Tier 1 sports wagers on events of any organization, whether headquartered in the883 |
|---|
| 958 | | - | United States or elsewhere; or884 23 LC 36 5535S |
|---|
| 959 | | - | H. B. 380 (SUB) |
|---|
| 959 | + | (f) When a bettor's account is created, a bettor may fund the account through:868 |
|---|
| 960 | + | (1) Electronic bank transfer of funds, including such transfers through third parties;869 |
|---|
| 961 | + | (2) Debit cards;870 |
|---|
| 962 | + | (3) Online and mobile payment systems that support online money transfers; and871 |
|---|
| 963 | + | (4) Any other method approved by rules and regulations of the corporation.872 |
|---|
| 964 | + | (g)(1) Licensees shall not allow bets to be placed until first verifying the identity of the873 |
|---|
| 965 | + | bettor pursuant to this Code section and by rules promulgated by the corporation.874 |
|---|
| 966 | + | Further, and pursuant to rules promulgated by the corporation, licensees shall establish875 |
|---|
| 967 | + | safeguards, including, but not limited to, access notifications and similar security876 |
|---|
| 968 | + | safeguards, to protect each bettor's account.877 |
|---|
| 969 | + | (2) If a licensee determines that the information provided by a bettor to make a deposit878 |
|---|
| 970 | + | or process a withdrawal is inaccurate or incapable of verification or violates the policies879 |
|---|
| 971 | + | and procedures of the licensee, the licensee shall, within ten days, require the submission880 |
|---|
| 972 | + | of additional information that can be used to verify the identity of such bettor.881 |
|---|
| 973 | + | (3) If such information is not provided or does not result in verification of the bettor's882 |
|---|
| 974 | + | identity, the licensee shall:883 |
|---|
| 975 | + | (A) Immediately suspend the bettor's account and shall not allow the bettor to place884 |
|---|
| 976 | + | wagers;885 |
|---|
| 977 | + | (B) Retain any winnings attributable to the bettor;886 |
|---|
| 978 | + | (C) Refund the balance of deposits made to the account to the source of such deposit887 |
|---|
| 979 | + | or by issuance of a check; and888 |
|---|
| 980 | + | (D) Suspend the account.889 |
|---|
| 981 | + | (h) A licensee shall utilize geofencing technology to ensure that online sports betting is890 |
|---|
| 982 | + | available only to bettors who are physically located in this state. Servers, including the use891 |
|---|
| 983 | + | of backup servers, may be located outside of this state, consistent with federal law. To the892 |
|---|
| 984 | + | extent required by federal law, a licensee shall maintain in this state the servers it uses to893 |
|---|
| 985 | + | accept wagers on a sporting event placed by bettors located in this state.894 23 LC 36 5434 |
|---|
| 986 | + | H. B. 380 |
|---|
| 961 | | - | (2) Tier 2 sports wagers on events of organizations that are not headquartered in the885 |
|---|
| 962 | | - | United States.886 |
|---|
| 963 | | - | (b)(1) A professional sports governing body or sporting events operator headquartered887 |
|---|
| 964 | | - | in the United States may notify the corporation that it desires licensees to use official888 |
|---|
| 965 | | - | league data or official event data for determining the results of tier 2 sports wagers on its889 |
|---|
| 966 | | - | sporting events. A notification under this subsection shall be made in the form and890 |
|---|
| 967 | | - | manner as the corporation shall require. The corporation shall notify each licensee within891 |
|---|
| 968 | | - | five days after receipt of such notification from a professional sports governing body or892 |
|---|
| 969 | | - | sporting events operator. If a professional sports governing body or sporting events893 |
|---|
| 970 | | - | operator does not notify the corporation of its desire to supply official league data or894 |
|---|
| 971 | | - | official event data, licensees are not required to use official league data or official event895 |
|---|
| 972 | | - | data for determining the results of any tier 2 wagers on sporting events of that896 |
|---|
| 973 | | - | professional sports governing body or sporting events operator.897 |
|---|
| 974 | | - | (2) Within 60 days after the corporation notifies each licensee as provided under898 |
|---|
| 975 | | - | paragraph (1) of this subsection, or within a longer period as may be agreed between such899 |
|---|
| 976 | | - | professional sports governing body or sporting events operator and the applicable900 |
|---|
| 977 | | - | licensee, each such licensee shall be required to use only official league data or official901 |
|---|
| 978 | | - | event data, as applicable, to determine the results of tier 2 sports wagers on sporting902 |
|---|
| 979 | | - | events sanctioned by such professional sports governing body or sporting events operator,903 |
|---|
| 980 | | - | except when:904 |
|---|
| 981 | | - | (A) The professional sports governing body or sporting events operator, or a designee905 |
|---|
| 982 | | - | thereof, is unable to provide a feed of official league data or official event data to906 |
|---|
| 983 | | - | determine the results of a particular type of tier 2 sports wager, in which case licensees907 |
|---|
| 984 | | - | may use any data source for determining the results of the applicable tier 2 sports wager908 |
|---|
| 985 | | - | until the data feed becomes available on commercially reasonable terms and conditions;909 |
|---|
| 986 | | - | or910 23 LC 36 5535S |
|---|
| 987 | | - | H. B. 380 (SUB) |
|---|
| 988 | + | (i) Each online sports betting services provider licensee shall clearly and conspicuously895 |
|---|
| 989 | + | display on its website a statement indicating that it is illegal for a person under 21 years of896 |
|---|
| 990 | + | age to engage in sports betting in this state.897 |
|---|
| 991 | + | (j) The corporation shall promulgate rules and regulations for purposes of regulating sports898 |
|---|
| 992 | + | betting via online sports betting.899 |
|---|
| 993 | + | 50-27-171.900 |
|---|
| 994 | + | (a) Licensees shall allow bettors to limit their betting activity with the licensee by, at a901 |
|---|
| 995 | + | minimum, giving bettors the opportunity to place limits on the amounts deposited, the902 |
|---|
| 996 | + | amounts wagered, and the amount of time spent wagering. Licensees shall take reasonable903 |
|---|
| 997 | + | steps to prevent bettors from overriding their self-imposed responsible gambling limits.904 |
|---|
| 998 | + | At the request of a bettor, a licensee may share the requested limitations with the905 |
|---|
| 999 | + | corporation for the sole purpose of disseminating the request to other licensees.906 |
|---|
| 1000 | + | (b) The corporation shall promulgate rules and regulations that require a licensee to907 |
|---|
| 1001 | + | implement responsible sports betting programs that include comprehensive training on908 |
|---|
| 1002 | + | responding to circumstances in which individuals present signs of problem gambling or a909 |
|---|
| 1003 | + | betting or gambling disorder.910 |
|---|
| 1004 | + | (c) The corporation shall work with national and local organizations to provide services911 |
|---|
| 1005 | + | for individuals with problem gambling or a betting or gambling disorder and to establish912 |
|---|
| 1006 | + | prevention initiatives to reduce the number of individuals with problem gambling or a913 |
|---|
| 1007 | + | betting or gambling disorder, including, but not limited to, utilizing currently established914 |
|---|
| 1008 | + | programs for problem gambling or betting or gambling disorders.915 |
|---|
| 1009 | + | (d) All sports betting advertisements shall prominently display messaging designed to916 |
|---|
| 1010 | + | prevent problem gambling and provide information about how to access resources related917 |
|---|
| 1011 | + | to problem gambling, including the National Council on Problem Gambling's helpline or918 |
|---|
| 1012 | + | other similar toll-free helpline.919 23 LC 36 5434 |
|---|
| 1013 | + | H. B. 380 |
|---|
| 989 | | - | (B) A licensee is able to demonstrate to the corporation that the professional sports911 |
|---|
| 990 | | - | governing body or sporting events operator, or a designee thereof, will not provide a912 |
|---|
| 991 | | - | feed of official league data or official event data to the licensee on commercially913 |
|---|
| 992 | | - | reasonable terms and conditions.914 |
|---|
| 993 | | - | (3) The following is a nonexclusive list of factors the corporation may consider in915 |
|---|
| 994 | | - | evaluating whether official league data or official event data is being offered on916 |
|---|
| 995 | | - | commercially reasonable terms and conditions for purposes of subparagraphs (A) and (B)917 |
|---|
| 996 | | - | of paragraph (2) of this subsection:918 |
|---|
| 997 | | - | (A) The availability of tier 2 official league data of a professional sports governing919 |
|---|
| 998 | | - | body or tier 2 official event data of a sporting events operator to a licensee from more920 |
|---|
| 999 | | - | than one authorized source;921 |
|---|
| 1000 | | - | (B) Market information, including, without limitation, price and other terms and922 |
|---|
| 1001 | | - | conditions, regarding the purchase of comparable data by licensees for the purpose of923 |
|---|
| 1002 | | - | settling sports wagers, for use in this state or other jurisdictions;924 |
|---|
| 1003 | | - | (C) The nature and quantity of the official league data or official event data, including,925 |
|---|
| 1004 | | - | without limitation, its speed, accuracy, reliability, and overall quality as compared to926 |
|---|
| 1005 | | - | comparable nonofficial data;927 |
|---|
| 1006 | | - | (D) The quality and complexity of the process used to collect and distribute the official928 |
|---|
| 1007 | | - | league data or official event data as compared to comparable nonofficial data;929 |
|---|
| 1008 | | - | (E) The extent to which professional sports governing bodies or sporting events930 |
|---|
| 1009 | | - | operators, or designees thereof, have made available to licensees the data used to settle931 |
|---|
| 1010 | | - | the results of tier 2 sports wagers and any terms and conditions relating to the use of932 |
|---|
| 1011 | | - | such data; and933 |
|---|
| 1012 | | - | (F) The extent to which licensees have purchased the same or similar official league934 |
|---|
| 1013 | | - | data or official event data on the same or similar terms, particularly in jurisdictions935 |
|---|
| 1014 | | - | where such purchase was not required by law or was required by law but only if offered936 |
|---|
| 1015 | | - | on commercially reasonable terms.937 23 LC 36 5535S |
|---|
| 1016 | | - | H. B. 380 (SUB) |
|---|
| 1015 | + | (e) The corporation shall annually generate a report outlining activities with respect to920 |
|---|
| 1016 | + | problem gambling and betting or gambling disorders, including, but not limited to,921 |
|---|
| 1017 | + | descriptions of programs, grants, and other resources made available; the number of922 |
|---|
| 1018 | + | individuals seeking assistance; the number of individuals who reported completing923 |
|---|
| 1019 | + | programs and therapies; and the rate of recidivism, if known to the corporation. The924 |
|---|
| 1020 | + | corporation shall file the annual report with the Governor, the Lieutenant Governor, and925 |
|---|
| 1021 | + | the Speaker of the House of Representatives and shall publish such report on its website926 |
|---|
| 1022 | + | no later than January 30 of each year.927 |
|---|
| 1023 | + | 50-27-172.928 |
|---|
| 1024 | + | (a) Each licensee shall adopt and adhere to a written, comprehensive policy outlining its929 |
|---|
| 1025 | + | rules governing the acceptance of wagers and payouts. Such policy and rules must be930 |
|---|
| 1026 | + | approved by the corporation prior to the acceptance of a wager by a licensee. Such policy931 |
|---|
| 1027 | + | and rules must be readily available to a bettor on the licensee's website.932 |
|---|
| 1028 | + | (b) The corporation shall promulgate rules and regulations regarding:933 |
|---|
| 1029 | + | (1) The manner in which a licensee accepts wagers from and issues payouts to bettors,934 |
|---|
| 1030 | + | including payouts in excess of $10,000.00; and935 |
|---|
| 1031 | + | (2) Requirements for reporting suspicious wagers.936 |
|---|
| 1032 | + | Part 6937 |
|---|
| 1033 | + | 50-27-180.938 |
|---|
| 1034 | + | (a) Licensees are not required to use official league data or official event data for939 |
|---|
| 1035 | + | determining the results of:940 |
|---|
| 1036 | + | (1) Tier 1 sports wagers on events of any organization, whether headquartered in the941 |
|---|
| 1037 | + | United States or elsewhere; or942 23 LC 36 5434 |
|---|
| 1038 | + | H. B. 380 |
|---|
| 1018 | | - | (4) Notwithstanding any provisions to the contrary in this Code section, including,938 |
|---|
| 1019 | | - | without limitation, paragraph (2) of this subsection, while the corporation is evaluating939 |
|---|
| 1020 | | - | whether a professional sports governing body or a sporting events operator, or the940 |
|---|
| 1021 | | - | designee thereof, will provide a feed of official league data or official event data on941 |
|---|
| 1022 | | - | commercially reasonable terms and conditions pursuant to paragraph (3) of this942 |
|---|
| 1023 | | - | subsection, licensees are not required to use official league data or official event data for943 |
|---|
| 1024 | | - | determining the results of tier 2 sports wagers.944 |
|---|
| 1025 | | - | (5) The corporation shall make a determination under paragraph (3) of this subsection945 |
|---|
| 1026 | | - | within 60 days after the licensee notifies the corporation that it desires to demonstrate that946 |
|---|
| 1027 | | - | the professional sports governing body or sporting events operator, or a designee thereof,947 |
|---|
| 1028 | | - | will not provide a feed of official league data or official event data to such licensee on948 |
|---|
| 1029 | | - | commercially reasonable terms and conditions.949 |
|---|
| 1030 | | - | Part 7950 |
|---|
| 1031 | | - | 50-27-190.951 |
|---|
| 1032 | | - | Members of the corporation or designated employees thereof may, during normal business952 |
|---|
| 1033 | | - | hours, enter the premises of any facility of a licensee, or a third party utilized by the953 |
|---|
| 1034 | | - | licensee to operate and conduct business in accordance with this article, for the purpose of954 |
|---|
| 1035 | | - | inspecting books and records kept as required by this article to ensure that the licensee is955 |
|---|
| 1036 | | - | in compliance with this article or to make any other inspection of the premises necessary956 |
|---|
| 1037 | | - | to protect the public interests of this state and its consumers.957 |
|---|
| 1038 | | - | 50-27-191.958 |
|---|
| 1039 | | - | (a) The corporation, licensees, corporation vendors, and vendors shall use commercially959 |
|---|
| 1040 | | - | reasonable efforts to cooperate with investigations conducted by any professional sports960 |
|---|
| 1041 | | - | governing body, any sporting events operator, and law enforcement agencies, including,961 23 LC 36 5535S |
|---|
| 1042 | | - | H. B. 380 (SUB) |
|---|
| 1040 | + | (2) Tier 2 sports wagers on events of organizations that are not headquartered in the943 |
|---|
| 1041 | + | United States.944 |
|---|
| 1042 | + | (b)(1) A professional sports governing body or sporting events operator headquartered945 |
|---|
| 1043 | + | in the United States may notify the corporation that it desires licensees to use official946 |
|---|
| 1044 | + | league data or official event data for determining the results of tier 2 sports wagers on its947 |
|---|
| 1045 | + | sporting events. A notification under this subsection shall be made in the form and948 |
|---|
| 1046 | + | manner as the corporation shall require. The corporation shall notify each licensee within949 |
|---|
| 1047 | + | five days after receipt of such notification from a professional sports governing body or950 |
|---|
| 1048 | + | sporting events operator. If a professional sports governing body or sporting events951 |
|---|
| 1049 | + | operator does not notify the corporation of its desire to supply official league data or952 |
|---|
| 1050 | + | official event data, licensees are not required to use official league data or official event953 |
|---|
| 1051 | + | data for determining the results of any tier 2 wagers on sporting events of that954 |
|---|
| 1052 | + | professional sports governing body or sporting events operator.955 |
|---|
| 1053 | + | (2) Within 60 days after the corporation notifies each licensee as provided under956 |
|---|
| 1054 | + | paragraph (1) of this subsection, or within a longer period as may be agreed between such957 |
|---|
| 1055 | + | professional sports governing body or sporting events operator and the applicable958 |
|---|
| 1056 | + | licensee, each such licensee shall be required to use only official league data or official959 |
|---|
| 1057 | + | event data, as applicable, to determine the results of tier 2 sports wagers on sporting960 |
|---|
| 1058 | + | events sanctioned by such professional sports governing body or sporting events operator,961 |
|---|
| 1059 | + | except when:962 |
|---|
| 1060 | + | (A) The professional sports governing body or sporting events operator, or a designee963 |
|---|
| 1061 | + | thereof, is unable to provide a feed of official league data or official event data to964 |
|---|
| 1062 | + | determine the results of a particular type of tier 2 sports wager, in which case licensees965 |
|---|
| 1063 | + | may use any data source for determining the results of the applicable tier 2 sports wager966 |
|---|
| 1064 | + | until the data feed becomes available on commercially reasonable terms and conditions;967 |
|---|
| 1065 | + | or968 23 LC 36 5434 |
|---|
| 1066 | + | H. B. 380 |
|---|
| 1044 | | - | but not limited to, using commercially reasonable efforts to provide or facilitate the962 |
|---|
| 1045 | | - | provision of betting information.963 |
|---|
| 1046 | | - | (b) Licensees shall promptly report to the corporation any information relating to:964 |
|---|
| 1047 | | - | (1) Abnormal betting activity or patterns that may indicate a concern with the integrity965 |
|---|
| 1048 | | - | of a sporting event; and966 |
|---|
| 1049 | | - | (2) Conduct that corrupts the betting outcome of a sporting event for purposes of967 |
|---|
| 1050 | | - | financial gain, including match fixing.968 |
|---|
| 1051 | | - | (c) Licensees shall as soon as is practicable report any information relating to conduct969 |
|---|
| 1052 | | - | described in subsection (b) of this Code section to the professional sports governing body970 |
|---|
| 1053 | | - | or sporting events operator.971 |
|---|
| 1054 | | - | (d) Licensees shall use commercially reasonable efforts to maintain, in real time and at the972 |
|---|
| 1055 | | - | account level, anonymized information regarding a bettor; the amount and type of bet; the973 |
|---|
| 1056 | | - | time the bet was placed; the location of the bet, including the internet protocol address if974 |
|---|
| 1057 | | - | applicable; the outcome of the bet; and records of abnormal betting activity for three years975 |
|---|
| 1058 | | - | after the sporting event occurs. The corporation may request such information in the form976 |
|---|
| 1059 | | - | and manner required by rules and regulations of the corporation. For purposes of this977 |
|---|
| 1060 | | - | subsection, the term 'real time' means on a commercially reasonable periodic interval.978 |
|---|
| 1061 | | - | (e) All records, documents, and information received by the corporation pursuant to this979 |
|---|
| 1062 | | - | Code section shall be considered investigative records of a law enforcement agency, shall980 |
|---|
| 1063 | | - | not be subject to Article 4 of Chapter 18 of this title, and shall not be released under any981 |
|---|
| 1064 | | - | condition without the permission of the person providing such records, documents, or982 |
|---|
| 1065 | | - | information.983 |
|---|
| 1066 | | - | (f) Nothing in this Code section shall require a sports betting licensee to provide any984 |
|---|
| 1067 | | - | information that is prohibited by federal, state, or local laws or rules and regulations,985 |
|---|
| 1068 | | - | including, without limitation, laws and rules and regulations relating to privacy and986 |
|---|
| 1069 | | - | personally identifiable information.987 23 LC 36 5535S |
|---|
| 1070 | | - | H. B. 380 (SUB) |
|---|
| 1068 | + | (B) A licensee is able to demonstrate to the corporation that the professional sports969 |
|---|
| 1069 | + | governing body or sporting events operator, or a designee thereof, will not provide a970 |
|---|
| 1070 | + | feed of official league data or official event data to the licensee on commercially971 |
|---|
| 1071 | + | reasonable terms and conditions.972 |
|---|
| 1072 | + | (3) The following is a nonexclusive list of factors the corporation may consider in973 |
|---|
| 1073 | + | evaluating whether official league data or official event data is being offered on974 |
|---|
| 1074 | + | commercially reasonable terms and conditions for purposes of subparagraphs (A) and (B)975 |
|---|
| 1075 | + | of paragraph (2) of this subsection:976 |
|---|
| 1076 | + | (A) The availability of tier 2 official league data of a professional sports governing977 |
|---|
| 1077 | + | body or tier 2 official event data of a sporting events operator to a licensee from more978 |
|---|
| 1078 | + | than one authorized source;979 |
|---|
| 1079 | + | (B) Market information, including, without limitation, price and other terms and980 |
|---|
| 1080 | + | conditions, regarding the purchase of comparable data by licensees for the purpose of981 |
|---|
| 1081 | + | settling sports wagers, for use in this state or other jurisdictions;982 |
|---|
| 1082 | + | (C) The nature and quantity of the official league data or official event data, including,983 |
|---|
| 1083 | + | without limitation, its speed, accuracy, reliability, and overall quality as compared to984 |
|---|
| 1084 | + | comparable nonofficial data;985 |
|---|
| 1085 | + | (D) The quality and complexity of the process used to collect and distribute the official986 |
|---|
| 1086 | + | league data or official event data as compared to comparable nonofficial data;987 |
|---|
| 1087 | + | (E) The extent to which professional sports governing bodies or sporting events988 |
|---|
| 1088 | + | operators, or designees thereof, have made available to licensees the data used to settle989 |
|---|
| 1089 | + | the results of tier 2 sports wagers and any terms and conditions relating to the use of990 |
|---|
| 1090 | + | such data; and991 |
|---|
| 1091 | + | (F) The extent to which licensees have purchased the same or similar official league992 |
|---|
| 1092 | + | data or official event data on the same or similar terms, particularly in jurisdictions993 |
|---|
| 1093 | + | where such purchase was not required by law or was required by law but only if offered994 |
|---|
| 1094 | + | on commercially reasonable terms.995 23 LC 36 5434 |
|---|
| 1095 | + | H. B. 380 |
|---|
| 1072 | | - | (g) If a professional sports governing body or sporting events operator has notified the988 |
|---|
| 1073 | | - | corporation that access to the information described in subsection (d) of this Code section989 |
|---|
| 1074 | | - | for wagers placed on its sporting events is necessary to monitor the integrity of its sporting990 |
|---|
| 1075 | | - | events and represents to the corporation that it specifically uses such data for the purpose991 |
|---|
| 1076 | | - | of monitoring the integrity of sporting events of such professional sports governing body992 |
|---|
| 1077 | | - | or sporting events operator, then licensees shall share, in a commercially reasonable993 |
|---|
| 1078 | | - | frequency, form, and manner, with the professional sports governing body or sporting994 |
|---|
| 1079 | | - | events operator, or a designee thereof, the same information the licensee is required to995 |
|---|
| 1080 | | - | maintain under subsection (d) of this Code section with respect to sports wagers on such996 |
|---|
| 1081 | | - | a body's or operator's sporting events. A professional sports governing body or sporting997 |
|---|
| 1082 | | - | events operator, or a designee thereof, shall use information received under this subsection998 |
|---|
| 1083 | | - | for integrity-monitoring purposes only and shall not use such information for commercial999 |
|---|
| 1084 | | - | or any other purposes. Nothing in this subsection shall require a licensee to provide any1000 |
|---|
| 1085 | | - | information that is prohibited by federal, state, or local laws, rules, or regulations,1001 |
|---|
| 1086 | | - | including, but not limited to, laws, rules, or regulations relating to privacy and personally1002 |
|---|
| 1087 | | - | identifiable information.1003 |
|---|
| 1088 | | - | 50-27-192.1004 |
|---|
| 1089 | | - | The corporation shall assist in any investigations by law enforcement to determine whether:1005 |
|---|
| 1090 | | - | (1) A licensee is accepting wagers from minors or other persons ineligible to place1006 |
|---|
| 1091 | | - | wagers in this state; and1007 |
|---|
| 1092 | | - | (2) An individual is unlawfully accepting wagers from another individual without a1008 |
|---|
| 1093 | | - | license or at a location in violation of this article.1009 |
|---|
| 1094 | | - | 50-27-193.1010 |
|---|
| 1095 | | - | (a) The corporation may investigate and conduct a hearing with respect to a licensee upon1011 |
|---|
| 1096 | | - | information and belief that the licensee has violated this article or upon the receipt of a1012 23 LC 36 5535S |
|---|
| 1097 | | - | H. B. 380 (SUB) |
|---|
| 1097 | + | (4) Notwithstanding any provisions to the contrary in this Code section, including,996 |
|---|
| 1098 | + | without limitation, paragraph (2) of this subsection, while the corporation is evaluating997 |
|---|
| 1099 | + | whether a professional sports governing body or a sporting events operator, or the998 |
|---|
| 1100 | + | designee thereof, will provide a feed of official league data or official event data on999 |
|---|
| 1101 | + | commercially reasonable terms and conditions pursuant to paragraph (3) of this1000 |
|---|
| 1102 | + | subsection, licensees are not required to use official league data or official event data for1001 |
|---|
| 1103 | + | determining the results of tier 2 sports wagers.1002 |
|---|
| 1104 | + | (5) The corporation shall make a determination under paragraph (3) of this subsection1003 |
|---|
| 1105 | + | within 60 days after the licensee notifies the corporation that it desires to demonstrate that1004 |
|---|
| 1106 | + | the professional sports governing body or sporting events operator, or a designee thereof,1005 |
|---|
| 1107 | + | will not provide a feed of official league data or official event data to such licensee on1006 |
|---|
| 1108 | + | commercially reasonable terms and conditions.1007 |
|---|
| 1109 | + | Part 71008 |
|---|
| 1110 | + | 50-27-190.1009 |
|---|
| 1111 | + | Members of the corporation or designated employees thereof may, during normal business1010 |
|---|
| 1112 | + | hours, enter the premises of any facility of a licensee, or a third party utilized by the1011 |
|---|
| 1113 | + | licensee to operate and conduct business in accordance with this article, for the purpose of1012 |
|---|
| 1114 | + | inspecting books and records kept as required by this article to ensure that the licensee is1013 |
|---|
| 1115 | + | in compliance with this article or to make any other inspection of the premises necessary1014 |
|---|
| 1116 | + | to protect the public interests of this state and its consumers.1015 |
|---|
| 1117 | + | 50-27-191.1016 |
|---|
| 1118 | + | (a) The corporation, licensees, corporation vendors, and vendors shall use commercially1017 |
|---|
| 1119 | + | reasonable efforts to cooperate with investigations conducted by any professional sports1018 |
|---|
| 1120 | + | governing body, any sporting events operator, and law enforcement agencies, including,1019 23 LC 36 5434 |
|---|
| 1121 | + | H. B. 380 |
|---|
| 1099 | | - | credible complaint from any person that a licensee has violated this article. The1013 |
|---|
| 1100 | | - | corporation shall conduct investigations and hearings in accordance with rules and1014 |
|---|
| 1101 | | - | regulations adopted by the corporation.1015 |
|---|
| 1102 | | - | (b) If the corporation determines that a licensee has violated any provision of this article1016 |
|---|
| 1103 | | - | or any rules and regulations of the corporation, the corporation may suspend, revoke, or1017 |
|---|
| 1104 | | - | refuse to renew a license; impose an administrative fine not to exceed $25,000.00 per1018 |
|---|
| 1105 | | - | violation; or both.1019 |
|---|
| 1106 | | - | (c) The corporation shall promulgate rules and regulations establishing a schedule of1020 |
|---|
| 1107 | | - | administrative fines that may be assessed in accordance with subsection (b) of this Code1021 |
|---|
| 1108 | | - | section for each violation of this article; provided, however, if the corporation finds that:1022 |
|---|
| 1109 | | - | (1) A licensee is accepting wagers from minors or other persons ineligible to place1023 |
|---|
| 1110 | | - | wagers in this state, the corporation shall impose a fine against the licensee as follows:1024 |
|---|
| 1111 | | - | (A) For a first offense, $1,000.00;1025 |
|---|
| 1112 | | - | (B) For a second offense, $2,000.00; and1026 |
|---|
| 1113 | | - | (C) For a third or subsequent offense, $5,000.00; or1027 |
|---|
| 1114 | | - | (2) An individual is unlawfully accepting wagers from another individual without a1028 |
|---|
| 1115 | | - | license, the corporation shall impose a fine against the individual as follows:1029 |
|---|
| 1116 | | - | (A) For a first offense, $10,000.00;1030 |
|---|
| 1117 | | - | (B) For a second offense, $15,000.00; and1031 |
|---|
| 1118 | | - | (C) For a third or subsequent offense, $25,000.00.1032 |
|---|
| 1119 | | - | (d) The corporation may refer conduct that it reasonably believes is a violation of Article 21033 |
|---|
| 1120 | | - | of Chapter 12 of Title 16 to the appropriate law enforcement agency.1034 |
|---|
| 1121 | | - | 50-27-194.1035 |
|---|
| 1122 | | - | (a) Any person that violates any provisions of this article shall be liable for a civil penalty1036 |
|---|
| 1123 | | - | of not more than $5,000.00 per violation, not to exceed $50,000.00 for violations arising1037 23 LC 36 5535S |
|---|
| 1124 | | - | H. B. 380 (SUB) |
|---|
| 1123 | + | but not limited to, using commercially reasonable efforts to provide or facilitate the1020 |
|---|
| 1124 | + | provision of betting information.1021 |
|---|
| 1125 | + | (b) Licensees shall promptly report to the corporation any information relating to:1022 |
|---|
| 1126 | + | (1) Abnormal betting activity or patterns that may indicate a concern with the integrity1023 |
|---|
| 1127 | + | of a sporting event; and1024 |
|---|
| 1128 | + | (2) Conduct that corrupts the betting outcome of a sporting event for purposes of1025 |
|---|
| 1129 | + | financial gain, including match fixing.1026 |
|---|
| 1130 | + | (c) Licensees shall as soon as is practicable report any information relating to conduct1027 |
|---|
| 1131 | + | described in subsection (b) of this Code section to the professional sports governing body1028 |
|---|
| 1132 | + | or sporting events operator.1029 |
|---|
| 1133 | + | (d) Licensees shall use commercially reasonable efforts to maintain, in real time and at the1030 |
|---|
| 1134 | + | account level, anonymized information regarding a bettor; the amount and type of bet; the1031 |
|---|
| 1135 | + | time the bet was placed; the location of the bet, including the internet protocol address if1032 |
|---|
| 1136 | + | applicable; the outcome of the bet; and records of abnormal betting activity for three years1033 |
|---|
| 1137 | + | after the sporting event occurs. The corporation may request such information in the form1034 |
|---|
| 1138 | + | and manner required by rules and regulations of the corporation. For purposes of this1035 |
|---|
| 1139 | + | subsection, the term 'real time' means on a commercially reasonable periodic interval.1036 |
|---|
| 1140 | + | (e) All records, documents, and information received by the corporation pursuant to this1037 |
|---|
| 1141 | + | Code section shall be considered investigative records of a law enforcement agency, shall1038 |
|---|
| 1142 | + | not be subject to Article 4 of Chapter 18 of this title, and shall not be released under any1039 |
|---|
| 1143 | + | condition without the permission of the person providing such records, documents, or1040 |
|---|
| 1144 | + | information.1041 |
|---|
| 1145 | + | (f) Nothing in this Code section shall require a sports betting licensee to provide any1042 |
|---|
| 1146 | + | information that is prohibited by federal, state, or local laws or rules and regulations,1043 |
|---|
| 1147 | + | including, without limitation, laws and rules and regulations relating to privacy and1044 |
|---|
| 1148 | + | personally identifiable information.1045 23 LC 36 5434 |
|---|
| 1149 | + | H. B. 380 |
|---|
| 1126 | | - | out of the same transaction or occurrence, which shall accrue to the corporation and may1038 |
|---|
| 1127 | | - | be recovered in a civil action brought by or on behalf of the corporation.1039 |
|---|
| 1128 | | - | (b) The corporation may seek and obtain an injunction in a court of competent jurisdiction1040 |
|---|
| 1129 | | - | for purposes of enforcing this article.1041 |
|---|
| 1130 | | - | (c) Costs shall not be taxed against the corporation or this state for actions brought under1042 |
|---|
| 1131 | | - | this article.1043 |
|---|
| 1132 | | - | 50-27-195.1044 |
|---|
| 1133 | | - | (a) Fines assessed under this article shall be accounted for separately for use by the1045 |
|---|
| 1134 | | - | corporation in a manner consistent with rules and regulations of the corporation.1046 |
|---|
| 1135 | | - | (b) The corporation may issue subpoenas to compel the attendance of witnesses and the1047 |
|---|
| 1136 | | - | production of relevant books, accounts, records, and documents for purposes of carrying1048 |
|---|
| 1137 | | - | out its duties under this article.1049 |
|---|
| 1138 | | - | 50-27-196.1050 |
|---|
| 1139 | | - | (a) A licensee or other individual aggrieved by a final decision or action of the corporation1051 |
|---|
| 1140 | | - | may appeal such decision or action to the Superior Court of Fulton County.1052 |
|---|
| 1141 | | - | (b) The Superior Court of Fulton County shall hear appeals from decisions or actions of1053 |
|---|
| 1142 | | - | the corporation and, based upon the record of the proceedings before the corporation, may1054 |
|---|
| 1143 | | - | reverse the decision or action of the corporation only if the appellant proves the decision1055 |
|---|
| 1144 | | - | or action to be:1056 |
|---|
| 1145 | | - | (1) Clearly erroneous;1057 |
|---|
| 1146 | | - | (2) Arbitrary and capricious;1058 |
|---|
| 1147 | | - | (3) Procured by fraud;1059 |
|---|
| 1148 | | - | (4) A result of substantial misconduct by the corporation; or1060 |
|---|
| 1149 | | - | (5) Contrary to the United States Constitution, the Constitution of Georgia, or this article.1061 23 LC 36 5535S |
|---|
| 1150 | | - | H. B. 380 (SUB) |
|---|
| 1151 | + | (g) If a professional sports governing body or sporting events operator has notified the1046 |
|---|
| 1152 | + | corporation that access to the information described in subsection (d) of this Code section1047 |
|---|
| 1153 | + | for wagers placed on its sporting events is necessary to monitor the integrity of its sporting1048 |
|---|
| 1154 | + | events and represents to the corporation that it specifically uses such data for the purpose1049 |
|---|
| 1155 | + | of monitoring the integrity of sporting events of such professional sports governing body1050 |
|---|
| 1156 | + | or sporting events operator, then licensees shall share, in a commercially reasonable1051 |
|---|
| 1157 | + | frequency, form, and manner, with the professional sports governing body or sporting1052 |
|---|
| 1158 | + | events operator, or a designee thereof, the same information the licensee is required to1053 |
|---|
| 1159 | + | maintain under subsection (d) of this Code section with respect to sports wagers on such1054 |
|---|
| 1160 | + | a body's or operator's sporting events. A professional sports governing body or sporting1055 |
|---|
| 1161 | + | events operator, or a designee thereof, shall use information received under this subsection1056 |
|---|
| 1162 | + | for integrity-monitoring purposes only and shall not use such information for a commercial1057 |
|---|
| 1163 | + | or any other purpose. Nothing in this subsection shall require a licensee to provide any1058 |
|---|
| 1164 | + | information that is prohibited by federal, state, or local laws, rules, or regulations,1059 |
|---|
| 1165 | + | including, but not limited to, laws, rules, or regulations relating to privacy and personally1060 |
|---|
| 1166 | + | identifiable information.1061 |
|---|
| 1167 | + | 50-27-192.1062 |
|---|
| 1168 | + | The corporation shall assist in any investigations by law enforcement to determine whether:1063 |
|---|
| 1169 | + | (1) A licensee is accepting wagers from minors or other persons ineligible to place1064 |
|---|
| 1170 | + | wagers in this state; and1065 |
|---|
| 1171 | + | (2) An individual is unlawfully accepting wagers from another individual without a1066 |
|---|
| 1172 | + | license or at a location in violation of this article.1067 |
|---|
| 1173 | + | 50-27-193.1068 |
|---|
| 1174 | + | (a) The corporation may investigate and conduct a hearing with respect to a licensee upon1069 |
|---|
| 1175 | + | information and belief that the licensee has violated this article or upon the receipt of a1070 23 LC 36 5434 |
|---|
| 1176 | + | H. B. 380 |
|---|
| 1152 | | - | (c) The Superior Court of Fulton County may remand an appeal to the corporation to1062 |
|---|
| 1153 | | - | conduct further hearings.1063 |
|---|
| 1154 | | - | 50-27-197.1064 |
|---|
| 1155 | | - | (a) It shall be unlawful for any person, directly or indirectly, to knowingly receive, supply,1065 |
|---|
| 1156 | | - | broadcast, display, or otherwise transmit material nonpublic information for the purpose1066 |
|---|
| 1157 | | - | of betting on a sporting event or influencing another individual's or entity's wager on a1067 |
|---|
| 1158 | | - | sporting event.1068 |
|---|
| 1159 | | - | (b) This Code section shall not apply to the dissemination of public information as news,1069 |
|---|
| 1160 | | - | entertainment, or advertising.1070 |
|---|
| 1161 | | - | (c) Any person in violation of this Code section shall be indefinitely prohibited from1071 |
|---|
| 1162 | | - | placing a wager, be required to forfeit the proceeds of any illegal wager, and be guilty of1072 |
|---|
| 1163 | | - | a misdemeanor."1073 |
|---|
| 1164 | | - | PART III1074 |
|---|
| 1165 | | - | SECTION 3-1.1075 |
|---|
| 1166 | | - | Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated,1076 |
|---|
| 1167 | | - | relating to gambling, is amended by revising paragraph (1) of Code Section 16-12-20,1077 |
|---|
| 1168 | | - | relating to definitions, as follows:1078 |
|---|
| 1169 | | - | "(1) 'Bet' means an agreement that, dependent upon chance even though accompanied1079 |
|---|
| 1170 | | - | by some skill, one stands to win or lose something of value. A bet does not include:1080 |
|---|
| 1171 | | - | (A) Contracts of indemnity or guaranty or life, health, property, or accident insurance;1081 |
|---|
| 1172 | | - | or1082 |
|---|
| 1173 | | - | (B) An offer of a prize, award, or compensation to the actual contestants in any bona1083 |
|---|
| 1174 | | - | fide contest for the determination of skill, speed, strength, or endurance or to the owners1084 |
|---|
| 1175 | | - | of animals, vehicles, watercraft, or aircraft entered in such contest; or1085 23 LC 36 5535S |
|---|
| 1176 | | - | H. B. 380 (SUB) |
|---|
| 1178 | + | credible complaint from any person that a licensee has violated this article. The1071 |
|---|
| 1179 | + | corporation shall conduct investigations and hearings in accordance with rules and1072 |
|---|
| 1180 | + | regulations adopted by the corporation.1073 |
|---|
| 1181 | + | (b) If the corporation determines that a licensee has violated any provision of this article1074 |
|---|
| 1182 | + | or any rules and regulations of the corporation, the corporation may suspend, revoke, or1075 |
|---|
| 1183 | + | refuse to renew a license; impose an administrative fine not to exceed $25,000.00 per1076 |
|---|
| 1184 | + | violation; or both.1077 |
|---|
| 1185 | + | (c) The corporation shall promulgate rules and regulations establishing a schedule of1078 |
|---|
| 1186 | + | administrative fines that may be assessed in accordance with subsection (b) of this Code1079 |
|---|
| 1187 | + | section for each violation of this article; provided, however, if the corporation finds that:1080 |
|---|
| 1188 | + | (1) A licensee is accepting wagers from minors or other persons ineligible to place1081 |
|---|
| 1189 | + | wagers in this state, the corporation shall impose a fine against the licensee as follows:1082 |
|---|
| 1190 | + | (A) For a first offense, $1,000.00;1083 |
|---|
| 1191 | + | (B) For a second offense, $2,000.00; and1084 |
|---|
| 1192 | + | (C) For a third or subsequent offense, $5,000.00; or1085 |
|---|
| 1193 | + | (2) An individual is unlawfully accepting wagers from another individual without a1086 |
|---|
| 1194 | + | license, the corporation shall impose a fine against the individual as follows:1087 |
|---|
| 1195 | + | (A) For a first offense, $10,000.00;1088 |
|---|
| 1196 | + | (B) For a second offense, $15,000.00; and1089 |
|---|
| 1197 | + | (C) For a third or subsequent offense, $25,000.00.1090 |
|---|
| 1198 | + | (d) The corporation may refer conduct that it reasonably believes is a violation of Article 21091 |
|---|
| 1199 | + | of Chapter 12 of Title 16 to the appropriate law enforcement agency.1092 |
|---|
| 1200 | + | 50-27-194.1093 |
|---|
| 1201 | + | (a) Any person that violates any provisions of this article shall be liable for a civil penalty1094 |
|---|
| 1202 | + | of not more than $5,000.00 per violation, not to exceed $50,000.00 for violations arising1095 23 LC 36 5434 |
|---|
| 1203 | + | H. B. 380 |
|---|
| 1178 | | - | (C) Any consideration paid to a person licensed by the Georgia Lottery Corporation1086 |
|---|
| 1179 | | - | under Article 4 of Chapter 27 of Title 50 or an employee, agent, or other person acting1087 |
|---|
| 1180 | | - | in furtherance of his or her employment by such licensee on the partial or final result1088 |
|---|
| 1181 | | - | of or performance during any professional or intercollegiate sporting event, contest, or1089 |
|---|
| 1182 | | - | exhibition that had not begun at the time the consideration was paid."1090 |
|---|
| 1183 | | - | SECTION 3-2.1091 |
|---|
| 1184 | | - | Said part is further amended by revising Code Section 16-12-27, relating to advertisement1092 |
|---|
| 1185 | | - | or solicitation for participation in lotteries, as follows:1093 |
|---|
| 1186 | | - | "16-12-27.1094 |
|---|
| 1187 | | - | (a) It shall be unlawful for any person, partnership, firm, corporation, or other entity to1095 |
|---|
| 1188 | | - | sell, distribute, televise, broadcast, or disseminate any advertisement, television or radio1096 |
|---|
| 1189 | | - | commercial, or any book, magazine, periodical, newspaper, or other written or printed1097 |
|---|
| 1190 | | - | matter containing an advertisement or solicitation for participation in any lottery declared1098 |
|---|
| 1191 | | - | to be unlawful by the laws of this state unless such advertisement, commercial, or1099 |
|---|
| 1192 | | - | solicitation contains or includes the words 'void in Georgia' printed or spoken so as to be1100 |
|---|
| 1193 | | - | clearly legible or audible to persons viewing or hearing such advertisement, commercial,1101 |
|---|
| 1194 | | - | or solicitation.1102 |
|---|
| 1195 | | - | (b) Any person, partnership, firm, corporation, or other entity violating subsection (a) of1103 |
|---|
| 1196 | | - | this Code section shall be guilty of a misdemeanor.1104 |
|---|
| 1197 | | - | (c) This Code section shall not apply to any advertisement or solicitation for participation1105 |
|---|
| 1198 | | - | in a lottery game of online sports betting by any person licensed by the Georgia Lottery1106 |
|---|
| 1199 | | - | Corporation under Article 4 of Chapter 27 of Title 50 that is concerning such licensee's1107 |
|---|
| 1200 | | - | lawful activities."1108 23 LC 36 5535S |
|---|
| 1201 | | - | H. B. 380 (SUB) |
|---|
| 1205 | + | out of the same transaction or occurrence, which shall accrue to the corporation and may1096 |
|---|
| 1206 | + | be recovered in a civil action brought by or on behalf of the corporation.1097 |
|---|
| 1207 | + | (b) The corporation may seek and obtain an injunction in a court of competent jurisdiction1098 |
|---|
| 1208 | + | for purposes of enforcing this article.1099 |
|---|
| 1209 | + | (c) Costs shall not be taxed against the corporation or this state for actions brought under1100 |
|---|
| 1210 | + | this article.1101 |
|---|
| 1211 | + | 50-27-195.1102 |
|---|
| 1212 | + | (a) Fines assessed under this article shall be accounted for separately for use by the1103 |
|---|
| 1213 | + | corporation in a manner consistent with rules and regulations of the corporation.1104 |
|---|
| 1214 | + | (b) The corporation may issue subpoenas to compel the attendance of witnesses and the1105 |
|---|
| 1215 | + | production of relevant books, accounts, records, and documents for purposes of carrying1106 |
|---|
| 1216 | + | out its duties under this article.1107 |
|---|
| 1217 | + | 50-27-196.1108 |
|---|
| 1218 | + | (a) A licensee or other individual aggrieved by a final decision or action of the corporation1109 |
|---|
| 1219 | + | may appeal such decision or action to the Superior Court of Fulton County.1110 |
|---|
| 1220 | + | (b) The Superior Court of Fulton County shall hear appeals from decisions or actions of1111 |
|---|
| 1221 | + | the corporation and, based upon the record of the proceedings before the corporation, may1112 |
|---|
| 1222 | + | reverse the decision or action of the corporation only if the appellant proves the decision1113 |
|---|
| 1223 | + | or action to be:1114 |
|---|
| 1224 | + | (1) Clearly erroneous;1115 |
|---|
| 1225 | + | (2) Arbitrary and capricious;1116 |
|---|
| 1226 | + | (3) Procured by fraud;1117 |
|---|
| 1227 | + | (4) A result of substantial misconduct by the corporation; or1118 |
|---|
| 1228 | + | (5) Contrary to the United States Constitution, the Constitution of Georgia, or this article.1119 23 LC 36 5434 |
|---|
| 1229 | + | H. B. 380 |
|---|
| 1203 | | - | SECTION 3-3.1109 |
|---|
| 1204 | | - | Said part is further amended by revising Code Section 16-12-28, relating to communicating1110 |
|---|
| 1205 | | - | gambling information, as follows:1111 |
|---|
| 1206 | | - | "16-12-28.1112 |
|---|
| 1207 | | - | (a) A person who knowingly communicates information as to bets, betting odds, or1113 |
|---|
| 1208 | | - | changes in betting odds or who knowingly installs or maintains equipment for the1114 |
|---|
| 1209 | | - | transmission or receipt of such information with the intent to further gambling commits the1115 |
|---|
| 1210 | | - | offense of communicating gambling information.1116 |
|---|
| 1211 | | - | (b) A person who commits the offense of communicating gambling information, upon1117 |
|---|
| 1212 | | - | conviction thereof, shall be punished by imprisonment for not less than one nor more than1118 |
|---|
| 1213 | | - | five years or by a fine not to exceed $5,000.00, or both.1119 |
|---|
| 1214 | | - | (c) This Code section shall not apply to the activities of a person licensed by the Georgia1120 |
|---|
| 1215 | | - | Lottery Corporation under Article 4 of Chapter 27 of Title 50 or an employee, agent, or1121 |
|---|
| 1216 | | - | other person acting in furtherance of his or her employment by such licensee."1122 |
|---|
| 1217 | | - | PART IV1123 |
|---|
| 1218 | | - | SECTION 4-1.1124 |
|---|
| 1219 | | - | Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is1125 |
|---|
| 1220 | | - | amended by revising paragraph (55) of Code Section 48-8-3, relating to exemptions from1126 |
|---|
| 1221 | | - | state sales and use tax, as follows:1127 |
|---|
| 1222 | | - | "(55) The sale of lottery tickets authorized by Chapter 27 of Title 50 or wagers1128 |
|---|
| 1223 | | - | authorized by Article 4 of Chapter 27 of Title 50;"1129 23 LC 36 5535S |
|---|
| 1224 | | - | H. B. 380 (SUB) |
|---|
| 1231 | + | (c) The Superior Court of Fulton County may remand an appeal to the corporation to1120 |
|---|
| 1232 | + | conduct further hearings.1121 |
|---|
| 1233 | + | 50-27-197.1122 |
|---|
| 1234 | + | (a) It shall be unlawful for any person, directly or indirectly, to knowingly receive, supply,1123 |
|---|
| 1235 | + | broadcast, display, or otherwise transmit material nonpublic information for the purpose1124 |
|---|
| 1236 | + | of betting on a sporting event or influencing another individual's or entity's wager on a1125 |
|---|
| 1237 | + | sporting event.1126 |
|---|
| 1238 | + | (b) This Code section shall not apply to the dissemination of public information as news,1127 |
|---|
| 1239 | + | entertainment, or advertising.1128 |
|---|
| 1240 | + | (c) Any person in violation of this Code section shall be guilty of a misdemeanor."1129 |
|---|
| 1241 | + | PART III1130 |
|---|
| 1242 | + | SECTION 3-1.1131 |
|---|
| 1243 | + | Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated,1132 |
|---|
| 1244 | + | relating to gambling, is amended by revising paragraph (1) of Code Section 16-12-20,1133 |
|---|
| 1245 | + | relating to definitions, as follows:1134 |
|---|
| 1246 | + | "(1) 'Bet' means an agreement that, dependent upon chance even though accompanied1135 |
|---|
| 1247 | + | by some skill, one stands to win or lose something of value. A bet does not include:1136 |
|---|
| 1248 | + | (A) Contracts of indemnity or guaranty or life, health, property, or accident insurance;1137 |
|---|
| 1249 | + | or1138 |
|---|
| 1250 | + | (B) An offer of a prize, award, or compensation to the actual contestants in any bona1139 |
|---|
| 1251 | + | fide contest for the determination of skill, speed, strength, or endurance or to the owners1140 |
|---|
| 1252 | + | of animals, vehicles, watercraft, or aircraft entered in such contest; or1141 |
|---|
| 1253 | + | (C) Any consideration paid to a person licensed by the Georgia Lottery Corporation1142 |
|---|
| 1254 | + | under Article 4 of Chapter 27 of Title 50 or an employee, agent, or other person acting1143 23 LC 36 5434 |
|---|
| 1255 | + | H. B. 380 |
|---|
| 1226 | | - | PART V1130 |
|---|
| 1227 | | - | SECTION 5-1.1131 |
|---|
| 1228 | | - | This Act shall become effective upon its approval by the Governor or upon its becoming law1132 |
|---|
| 1229 | | - | without such approval.1133 |
|---|
| 1230 | | - | SECTION 5-2.1134 |
|---|
| 1231 | | - | All laws and parts of laws in conflict with this Act are repealed.1135 |
|---|
| 1257 | + | in furtherance of his or her employment by such licensee on the partial or final result1144 |
|---|
| 1258 | + | of or performance during any professional or intercollegiate sporting event, contest, or1145 |
|---|
| 1259 | + | exhibition that had not begun at the time the consideration was paid."1146 |
|---|
| 1260 | + | SECTION 3-2.1147 |
|---|
| 1261 | + | Said part is further amended by revising Code Section 16-12-27, relating to advertisement1148 |
|---|
| 1262 | + | or solicitation for participation in lotteries, as follows:1149 |
|---|
| 1263 | + | "16-12-27.1150 |
|---|
| 1264 | + | (a) It shall be unlawful for any person, partnership, firm, corporation, or other entity to1151 |
|---|
| 1265 | + | sell, distribute, televise, broadcast, or disseminate any advertisement, television or radio1152 |
|---|
| 1266 | + | commercial, or any book, magazine, periodical, newspaper, or other written or printed1153 |
|---|
| 1267 | + | matter containing an advertisement or solicitation for participation in any lottery declared1154 |
|---|
| 1268 | + | to be unlawful by the laws of this state unless such advertisement, commercial, or1155 |
|---|
| 1269 | + | solicitation contains or includes the words 'void in Georgia' printed or spoken so as to be1156 |
|---|
| 1270 | + | clearly legible or audible to persons viewing or hearing such advertisement, commercial,1157 |
|---|
| 1271 | + | or solicitation.1158 |
|---|
| 1272 | + | (b) Any person, partnership, firm, corporation, or other entity violating subsection (a) of1159 |
|---|
| 1273 | + | this Code section shall be guilty of a misdemeanor.1160 |
|---|
| 1274 | + | (c) This Code section shall not apply to any advertisement or solicitation for participation1161 |
|---|
| 1275 | + | in a lottery game of online sports betting by any person licensed by the Georgia Lottery1162 |
|---|
| 1276 | + | Corporation under Article 4 of Chapter 27 of Title 50 that is concerning such licensee's1163 |
|---|
| 1277 | + | lawful activities."1164 |
|---|
| 1278 | + | SECTION 3-3.1165 |
|---|
| 1279 | + | Said part is further amended by revising Code Section 16-12-28, relating to communicating1166 |
|---|
| 1280 | + | gambling information, as follows:1167 23 LC 36 5434 |
|---|
| 1281 | + | H. B. 380 |
|---|
| 1282 | + | - 47 - |
|---|
| 1283 | + | "16-12-28. |
|---|
| 1284 | + | 1168 |
|---|
| 1285 | + | (a) A person who knowingly communicates information as to bets, betting odds, or1169 |
|---|
| 1286 | + | changes in betting odds or who knowingly installs or maintains equipment for the1170 |
|---|
| 1287 | + | transmission or receipt of such information with the intent to further gambling commits the1171 |
|---|
| 1288 | + | offense of communicating gambling information.1172 |
|---|
| 1289 | + | (b) A person who commits the offense of communicating gambling information, upon1173 |
|---|
| 1290 | + | conviction thereof, shall be punished by imprisonment for not less than one nor more than1174 |
|---|
| 1291 | + | five years or by a fine not to exceed $5,000.00, or both.1175 |
|---|
| 1292 | + | (c) This Code section shall not apply to the activities of a person licensed by the Georgia |
|---|
| 1293 | + | 1176 |
|---|
| 1294 | + | Lottery Corporation under Article 4 of Chapter 27 of Title 50 or an employee, agent, or1177 |
|---|
| 1295 | + | other person acting in furtherance of his or her employment by such licensee."1178 |
|---|
| 1296 | + | PART IV1179 |
|---|
| 1297 | + | SECTION 4-1.1180 |
|---|
| 1298 | + | Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is1181 |
|---|
| 1299 | + | amended by revising paragraph (55) of Code Section 48-8-3, relating to exemptions from1182 |
|---|
| 1300 | + | state sales and use tax, as follows:1183 |
|---|
| 1301 | + | "(55) The sale of lottery tickets authorized by Chapter 27 of Title 50 or wagers1184 |
|---|
| 1302 | + | authorized by Article 4 of Chapter 27 of Title 50;"1185 |
|---|
| 1303 | + | PART V1186 |
|---|
| 1304 | + | SECTION 5-1.1187 |
|---|
| 1305 | + | This Act shall become effective upon its approval by the Governor or upon its becoming law1188 |
|---|
| 1306 | + | without such approval.1189 23 LC 36 5434 |
|---|
| 1307 | + | H. B. 380 |
|---|
| 1308 | + | - 48 - |
|---|
| 1309 | + | SECTION 5-2. |
|---|
| 1310 | + | 1190 |
|---|
| 1311 | + | All laws and parts of laws in conflict with this Act are repealed.1191 |
|---|