| 1 | 1 | | 25 LC 55 0516 |
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| 2 | 2 | | Senate Bill 208 |
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| 3 | 3 | | By: Senator Hickman of the 4th |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, |
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| 7 | 7 | | 1 |
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| 8 | 8 | | so as to authorize and provide for the regulation and taxation of sports betting in this state;2 |
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| 9 | 9 | | to provide for additional powers and duties of the Georgia Lottery Corporation; to provide3 |
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| 10 | 10 | | for the corporation to engage in certain activities related to sports betting; to provide for a4 |
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| 11 | 11 | | short title; to provide for legislative findings; to revise and provide for definitions; to provide5 |
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| 12 | 12 | | for the corporation's powers and duties relative to sports betting; to provide for the6 |
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| 13 | 13 | | procedures, limitations, requirements, and qualifications of the licensing of any person7 |
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| 14 | 14 | | offering, operating, or managing sports betting in this state; to provide for rules and8 |
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| 15 | 15 | | regulations promulgated by the corporation; to provide for a privilege tax; to require certain9 |
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| 16 | 16 | | reports; to regulate wagers and provide requirements for bettors; to provide for bettors to10 |
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| 17 | 17 | | restrict themselves from placing certain wagers; to provide certain resources for individuals11 |
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| 18 | 18 | | with problem gambling or a betting or gambling disorder; to provide for the collection and12 |
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| 19 | 19 | | disposition of fees and fines; to prohibit certain conduct by the corporation, employees of the13 |
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| 20 | 20 | | corporation, licensees, and other persons; to provide for certain penalties; to provide for14 |
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| 21 | 21 | | construction; to amend Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of15 |
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| 22 | 22 | | Georgia Annotated, relating to gambling, so as to exclude any consideration paid to a sports16 |
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| 23 | 23 | | betting licensee from the definition of "bet"; to provide for the exemption of persons licensed17 |
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| 24 | 24 | | for online sports betting from regulations and restrictions regarding gambling information;18 |
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| 25 | 25 | | S. B. 208 |
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| 26 | 26 | | - 1 - 25 LC 55 0516 |
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| 27 | 27 | | to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and |
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| 28 | 28 | | 19 |
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| 29 | 29 | | taxation, so as to exempt wagers placed as part of sports betting; to provide for related20 |
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| 30 | 30 | | matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.21 |
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| 31 | 31 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:22 |
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| 32 | 32 | | PART I23 |
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| 33 | 33 | | SECTION 1-1.24 |
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| 34 | 34 | | Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended25 |
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| 35 | 35 | | in Code Section 50-27-3, relating to definitions for the "Georgia Lottery for Education Act,"26 |
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| 36 | 36 | | by revising paragraphs (13) and (20) and adding a new paragraph to read as follows:27 |
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| 37 | 37 | | "(13) 'Lottery,' 'lotteries,' 'lottery game,' or 'lottery games' means any game of chance28 |
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| 38 | 38 | | approved by the board and operated pursuant to this chapter, including, but not limited29 |
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| 39 | 39 | | to, instant tickets, on-line |
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| 40 | 40 | | online games, online sports betting, and games using30 |
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| 41 | 41 | | mechanical or electronic devices but excluding pari-mutuel betting and casino gambling31 |
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| 42 | 42 | | as defined in this Code section."32 |
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| 43 | 43 | | "(20) 'Pari-mutuel betting' means a method or system of wagering on actual races33 |
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| 44 | 44 | | involving horses or dogs at tracks which involves the distribution of winnings by pools.34 |
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| 45 | 45 | | Such term shall not mean lottery games which may be predicated on a horse racing or dog35 |
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| 46 | 46 | | racing scheme that does not involve actual track events. Such term shall not mean the36 |
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| 47 | 47 | | lottery game of sports betting or traditional lottery games which may involve the37 |
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| 48 | 48 | | distribution of winnings by pools."38 |
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| 49 | 49 | | "(23.1) 'Sports betting' shall have the same meaning as provided in Code Section39 |
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| 50 | 50 | | 50-27-122."40 |
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| 51 | 51 | | S. B. 208 |
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| 52 | 52 | | - 2 - 25 LC 55 0516 |
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| 53 | 53 | | SECTION 1-2. |
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| 54 | 54 | | 41 |
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| 55 | 55 | | Said title is further amended in Code Section 50-27-9, relating to general powers of the42 |
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| 56 | 56 | | Georgia Lottery Corporation, by revising paragraphs (18) and (19) of subsection (a) and43 |
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| 57 | 57 | | adding a new paragraph to read as follows:44 |
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| 58 | 58 | | "(18) To act as a retailer, to conduct promotions which involve the dispensing of lottery45 |
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| 59 | 59 | | tickets or shares, and to establish and operate a sales facility to sell lottery tickets or46 |
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| 60 | 60 | | shares and any related merchandise; and |
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| 61 | 61 | | 47 |
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| 62 | 62 | | (19) To perform any actions and carry out any responsibilities provided for in Article 448 |
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| 63 | 63 | | of this chapter; and49 |
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| 64 | 64 | | (19)(20) To adopt and amend such regulations, policies, and procedures as necessary to50 |
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| 65 | 65 | | carry out and implement its powers and duties, organize and operate the corporation,51 |
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| 66 | 66 | | regulate the conduct of lottery games in general, and any other matters necessary or52 |
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| 67 | 67 | | desirable for the efficient and effective operation of the lottery or the convenience of the53 |
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| 68 | 68 | | public. The promulgation of any such regulations, policies, and procedures pursuant to54 |
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| 69 | 69 | | this article and Article 2 of this chapter shall be exempt from the requirements of Chapter55 |
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| 70 | 70 | | 13 of this title, the 'Georgia Administrative Procedure Act.' Notwithstanding any other56 |
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| 71 | 71 | | provision of law to the contrary, hearings related to any dispute between licensees under57 |
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| 72 | 72 | | Code Section 50-27-102 shall be held in accordance with the provisions of Part 1 of58 |
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| 73 | 73 | | Article 1 of Chapter 9 of Title 9, the 'Georgia Arbitration Code.' All other hearings and59 |
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| 74 | 74 | | any rules, regulations, policies, or procedures related to the administration, enforcement,60 |
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| 75 | 75 | | or violation of this article shall be subject to the provisions of Chapter 13 of this title."61 |
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| 76 | 76 | | 62 |
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| 77 | 77 | | PART II63 |
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| 78 | 78 | | SECTION 2-1.64 |
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| 79 | 79 | | Said title is further amended by adding a new article to Chapter 27, relating to the "Georgia65 |
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| 80 | 80 | | Lottery for Education Act," to read as follows:66 |
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| 81 | 81 | | S. B. 208 |
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| 82 | 82 | | - 3 - 25 LC 55 0516 |
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| 83 | 83 | | "ARTICLE 467 |
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| 84 | 84 | | Part 168 |
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| 85 | 85 | | 50-27-120.69 |
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| 86 | 86 | | This article shall be known and may be cited as the 'Georgia Lottery Game of Sports70 |
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| 87 | 87 | | Betting Act.'71 |
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| 88 | 88 | | 50-27-121.72 |
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| 89 | 89 | | The General Assembly finds that:73 |
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| 90 | 90 | | (1) Article I, Section II, Paragraph VIII(c) of the Constitution of the State of Georgia74 |
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| 91 | 91 | | authorizes the General Assembly to provide by law for any matters relating to purposes75 |
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| 92 | 92 | | or provisions of that subparagraph, which purposes and provisions include the operation76 |
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| 93 | 93 | | and regulation of a lottery or lotteries and which purposes and provisions may encompass77 |
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| 94 | 94 | | sports betting as a game or games offered by the Georgia Lottery Corporation;78 |
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| 95 | 95 | | (2) Sports betting shall be overseen and regulated, and may also be offered, by the79 |
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| 96 | 96 | | Georgia Lottery Corporation in a manner that provides continuing entertainment to the80 |
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| 97 | 97 | | public, maximizes revenues, and ensures that sports betting is operated in this state with81 |
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| 98 | 98 | | integrity and dignity and free of political influence;82 |
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| 99 | 99 | | (3) The corporation shall be accountable to the General Assembly and to the public for83 |
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| 100 | 100 | | the management and oversight of sports betting in this state through a system of audits84 |
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| 101 | 101 | | and reports;85 |
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| 102 | 102 | | (4) The ability to offer sports betting in this state under a license issued in accordance86 |
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| 103 | 103 | | with this article constitutes a taxable privilege and not a right;87 |
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| 104 | 104 | | (5) Net proceeds of sports betting conducted pursuant to this article shall be used for the88 |
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| 105 | 105 | | purposes authorized by Article I, Section II, Paragraph VIII of the Constitution of89 |
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| 106 | 106 | | Georgia; and90 |
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| 107 | 107 | | S. B. 208 |
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| 108 | 108 | | - 4 - 25 LC 55 0516 |
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| 109 | 109 | | (6) In accordance with Code Section 50-27-2, sports betting shall be conducted in a91 |
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| 110 | 110 | | manner so as to safeguard the fiscal soundness of the state, to enhance public welfare, and92 |
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| 111 | 111 | | to support the funding authorized by Article I, Section II, Paragraph VIII of the93 |
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| 112 | 112 | | Constitution of Georgia.94 |
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| 113 | 113 | | 50-27-122.95 |
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| 114 | 114 | | As used in this article, the term:96 |
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| 115 | 115 | | (1) 'Adjusted gross income' means the total of all moneys paid to a licensee as bets minus97 |
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| 116 | 116 | | federal excise taxes and minus the total amount paid out to winning bettors, including the98 |
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| 117 | 117 | | cash value of merchandise.99 |
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| 118 | 118 | | (2) 'Applicant' means any person that applies for a license under this article.100 |
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| 119 | 119 | | (3) 'Bettor' means an individual who is:101 |
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| 120 | 120 | | (A) Physically present in this state when placing a wager with a licensee;102 |
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| 121 | 121 | | (B) Twenty-one years of age or older; and103 |
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| 122 | 122 | | (C) Not prohibited from placing a wager or bet under Code Section 50-27-162.104 |
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| 123 | 123 | | (4) 'Bond' means a bond held in escrow for the purpose of maintaining adequate reserves105 |
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| 124 | 124 | | to account for losses suffered by a licensee and owed to bettors.106 |
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| 125 | 125 | | (5) 'Cheating' means improving the chances of winning or altering the outcome through107 |
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| 126 | 126 | | deception, interference, or manipulation of a sporting event or of any equipment,108 |
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| 127 | 127 | | including software, pertaining to or used in relation to the equipment used for or in109 |
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| 128 | 128 | | connection with the sporting event on which wagers are placed or invited. Such term110 |
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| 129 | 129 | | shall include match fixing and attempts and conspiracy to cheat.111 |
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| 130 | 130 | | (6) 'Collegiate sporting event' means a sporting or athletic event involving a sports or112 |
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| 131 | 131 | | athletic team of a public or private institution of higher education.113 |
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| 132 | 132 | | (7) 'Esports event' means an organized video game competition between players who114 |
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| 133 | 133 | | play individually or as teams.115 |
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| 134 | 134 | | S. B. 208 |
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| 135 | 135 | | - 5 - 25 LC 55 0516 |
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| 136 | 136 | | (8) 'Fantasy or simulated contest' means a game or event in which one or more players116 |
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| 137 | 137 | | compete based on winning outcomes that reflect the relative knowledge and skill of the117 |
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| 138 | 138 | | players and are determined predominately by accumulated statistical results of the118 |
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| 139 | 139 | | performance of individuals, including, but not limited to, athletes in sporting events.119 |
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| 140 | 140 | | (9) 'Fixed-odds betting' means bets made at predetermined odds or on the spread where120 |
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| 141 | 141 | | the return to the bettor is unaffected by any later change in odds or the spread.121 |
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| 142 | 142 | | (10) 'Futures bet' means a wager made on the occurrence of an event in the future122 |
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| 143 | 143 | | relating to a sporting event.123 |
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| 144 | 144 | | (11) 'Institutional investor' means:124 |
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| 145 | 145 | | (A) A retirement fund administered by a public agency for the exclusive benefit of125 |
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| 146 | 146 | | federal, state, or local public employees;126 |
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| 147 | 147 | | (B) An investment company registered under the Investment Company Act of 1940;127 |
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| 148 | 148 | | (C) A chartered or licensed life insurance company or property and casualty insurance128 |
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| 149 | 149 | | company;129 |
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| 150 | 150 | | (D) A banking and other chartered or licensed lending institution;130 |
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| 151 | 151 | | (E) An investment advisor registered under the Investment Advisers Act of 1940; or131 |
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| 152 | 152 | | (F) A pension investment board.132 |
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| 153 | 153 | | (12) 'License' means any of the licenses issued by the corporation under this article.133 |
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| 154 | 154 | | (13) 'Licensee' means a person that holds a license issued by the corporation under this134 |
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| 155 | 155 | | article.135 |
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| 156 | 156 | | (14) 'Master sports betting licensee' means the Georgia Lottery Corporation.136 |
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| 157 | 157 | | (15) 'Material nonpublic information' means information that has not been disseminated137 |
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| 158 | 158 | | publicly concerning an athlete, contestant, prospective contestant, or athletic team,138 |
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| 159 | 159 | | including, without limitation, confidential information related to medical conditions or139 |
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| 160 | 160 | | treatment, physical or mental health or conditioning, physical therapy or recovery,140 |
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| 161 | 161 | | discipline, sanctions, academic status, education records, eligibility, playbooks, signals,141 |
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| 162 | 162 | | S. B. 208 |
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| 163 | 163 | | - 6 - 25 LC 55 0516 |
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| 164 | 164 | | schemes, techniques, game plans, practices, strategies, assessments, systems, drills, or142 |
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| 165 | 165 | | recordings of practices or other athletic activities.143 |
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| 166 | 166 | | (16) 'Minor' means an individual who is less than 21 years of age.144 |
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| 167 | 167 | | (17) 'Money line' means the fixed odds in relation to a dollar amount that a team or145 |
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| 168 | 168 | | person participating in a sporting event will win outright regardless of the spread.146 |
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| 169 | 169 | | (18) 'Official event data' means statistics, results, outcomes, and other data related to a147 |
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| 170 | 170 | | sporting event obtained pursuant to an agreement with the relevant sporting events148 |
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| 171 | 171 | | operator whose corporate headquarters is based in the United States or an entity expressly149 |
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| 172 | 172 | | authorized by such sporting events operator to provide such information to licensees for150 |
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| 173 | 173 | | purposes of determining the outcome of tier 2 sports wagers on such sporting event.151 |
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| 174 | 174 | | (19) 'Official league data' means statistics, results, outcomes, and other data related to152 |
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| 175 | 175 | | a sporting event obtained pursuant to an agreement with the relevant professional sports153 |
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| 176 | 176 | | governing body whose corporate headquarters is based in the United States or an entity154 |
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| 177 | 177 | | expressly authorized by such professional sports governing body to provide such155 |
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| 178 | 178 | | information to licensees for purposes of determining the outcome of tier 2 sports wagers.156 |
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| 179 | 179 | | (20) 'Online sports betting' means a wager on a sporting event that is placed via the157 |
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| 180 | 180 | | internet through any electronic device and accepted through an online sports betting158 |
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| 181 | 181 | | platform that is operated by a Type 1 sports betting licensee or such licensee's online159 |
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| 182 | 182 | | sports betting services provider.160 |
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| 183 | 183 | | (21) 'Online sports betting platform' means the combination of hardware, software, and161 |
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| 184 | 184 | | data networks used to manage, administer, or control online sports betting and any162 |
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| 185 | 185 | | associated wagers accessible by any electronic means.163 |
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| 186 | 186 | | (22) 'Online sports betting services provider' means a person that contracts with the164 |
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| 187 | 187 | | master sports betting licensee or a Type 1 sports betting licensee under Code Section165 |
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| 188 | 188 | | 50-27-133 to operate online sports betting on behalf of such licensee and that is licensed166 |
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| 189 | 189 | | by the corporation.167 |
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| 190 | 190 | | S. B. 208 |
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| 191 | 191 | | - 7 - 25 LC 55 0516 |
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| 192 | 192 | | (23) 'Over/under bet' means a single wager that predicts whether the combined score of168 |
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| 193 | 193 | | the two persons or teams engaged in a sporting event will be lower or higher than a169 |
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| 194 | 194 | | predetermined number.170 |
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| 195 | 195 | | (24) 'Parlay bet' means a single wager that incorporates two or more individual bets for171 |
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| 196 | 196 | | purposes of earning a higher payout if each bet incorporated within the wager wins.172 |
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| 197 | 197 | | (25) 'Principal owner' means a person that owns an interest of 10 percent or more of the173 |
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| 198 | 198 | | entity.174 |
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| 199 | 199 | | (26) 'Professional sporting event' means an athletic or sporting event involving at least175 |
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| 200 | 200 | | two competitors who have the opportunity to receive compensation for participating in176 |
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| 201 | 201 | | such event.177 |
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| 202 | 202 | | (27) 'Professional sports governing body' means the organization, league, or association178 |
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| 203 | 203 | | that oversees a sport and prescribes final rules and enforces codes of conduct with respect179 |
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| 204 | 204 | | to such sport and participants therein.180 |
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| 205 | 205 | | (28) 'Professional sports team' means a major league professional team:181 |
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| 206 | 206 | | (A) Based in this state;182 |
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| 207 | 207 | | (B) That plays baseball, football, men's basketball, soccer, or women's basketball; and183 |
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| 208 | 208 | | (C) Whose regular season games have had the highest attendance for its respective184 |
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| 209 | 209 | | sport during the past five years.185 |
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| 210 | 210 | | (29) 'Proposition bet' means a wager on a single specific action, statistic, occurrence, or186 |
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| 211 | 211 | | nonoccurrence to be determined during a sporting event and includes any such action,187 |
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| 212 | 212 | | statistic, occurrence, or nonoccurrence that does not directly affect the final outcome of188 |
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| 213 | 213 | | the sporting event to which it relates.189 |
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| 214 | 214 | | (30) 'Relative' means a spouse, father, mother, son, daughter, grandfather, grandmother,190 |
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| 215 | 215 | | brother, sister, uncle, aunt, cousin, nephew, niece, father-in-law, mother-in-law,191 |
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| 216 | 216 | | son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother,192 |
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| 217 | 217 | | stepson, stepdaughter, stepbrother, stepsister, half-brother, or half-sister.193 |
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| 218 | 218 | | (31) 'Sporting event' means any:194 |
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| 219 | 219 | | S. B. 208 |
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| 220 | 220 | | - 8 - 25 LC 55 0516 |
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| 221 | 221 | | (A) Professional sporting event, including motor sports sanctioned by a national or195 |
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| 222 | 222 | | international organization or association;196 |
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| 223 | 223 | | (B) Collegiate sporting event;197 |
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| 224 | 224 | | (C) Olympic sporting or athletic event;198 |
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| 225 | 225 | | (D) Sporting or athletic event sanctioned by a national or international organization or199 |
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| 226 | 226 | | association;200 |
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| 227 | 227 | | (E) Sporting or athletic event conducted or organized by a sporting events operator;201 |
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| 228 | 228 | | (F) Esports event; or202 |
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| 229 | 229 | | (G) Other event authorized by the corporation.203 |
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| 230 | 230 | | Such term shall not include a nonprofessional or non-Olympic sporting or athletic event204 |
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| 231 | 231 | | if the majority of the participants are under the age of 18.205 |
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| 232 | 232 | | (32) 'Sporting events operator' means a person that conducts or organizes a sporting206 |
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| 233 | 233 | | event for athletes or other participants that is not held or sanctioned as an official sporting207 |
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| 234 | 234 | | event of a professional sports governing body.208 |
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| 235 | 235 | | (33) 'Sports betting' means online sports betting.209 |
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| 236 | 236 | | (34) 'Sports betting equipment' means any of the following that is directly used in210 |
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| 237 | 237 | | connection with the operation of sports betting:211 |
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| 238 | 238 | | (A) Any mechanical, electronic, or other device, mechanism, or equipment;212 |
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| 239 | 239 | | (B) Any software, application, components, or other goods; or213 |
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| 240 | 240 | | (C) Anything to be installed or used on a patron's personal electronic device.214 |
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| 241 | 241 | | (35)(A) 'Sports betting supplier' means a person that directly provides sports betting215 |
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| 242 | 242 | | equipment necessary for the creation of sports betting markets and the determination216 |
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| 243 | 243 | | of bet outcomes to any licensee involved in the acceptance of bets, including any of the217 |
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| 244 | 244 | | following:218 |
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| 245 | 245 | | (i) Providers of data feeds and odds services;219 |
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| 246 | 246 | | (ii) Internet platform providers;220 |
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| 247 | 247 | | (iii) Risk management providers:221 |
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| 248 | 248 | | S. B. 208 |
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| 249 | 249 | | - 9 - 25 LC 55 0516 |
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| 250 | 250 | | (iv) Integrity monitoring providers; and222 |
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| 251 | 251 | | (v) Other providers of sports betting supplier services as determined by the223 |
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| 252 | 252 | | corporation.224 |
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| 253 | 253 | | (B) Such term shall not include a professional sports governing body that:225 |
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| 254 | 254 | | (i) Provides official league data concerning its own sporting event to a sports betting226 |
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| 255 | 255 | | licensee solely on that basis; or227 |
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| 256 | 256 | | (ii) Provides raw statistical match data to one or more designated and licensed228 |
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| 257 | 257 | | suppliers of data feeds and odds services solely on that basis.229 |
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| 258 | 258 | | (36) 'Spread' means the predicted scoring differential between two persons or teams230 |
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| 259 | 259 | | engaged in a sporting event.231 |
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| 260 | 260 | | (37) 'Supervisory employee' means a principal owner or employee having the authority232 |
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| 261 | 261 | | to act on behalf of a licensee or whose judgment is relied upon to manage and advance233 |
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| 262 | 262 | | the business operations of a licensee.234 |
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| 263 | 263 | | (38) 'Tier 1 sports wager' means a sports wager that is determined solely by the final235 |
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| 264 | 264 | | score or final outcome of the sporting event and is placed before the sporting event has236 |
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| 265 | 265 | | begun.237 |
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| 266 | 266 | | (39) 'Tier 2 sports wager' means a wager that is not a tier 1 sports wager.238 |
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| 267 | 267 | | (40) 'Type 1 eligible entity' means any of the following:239 |
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| 268 | 268 | | (A) Any professional sports team, or its designee;240 |
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| 269 | 269 | | (B) A professional sports governing body that holds one or more sanctioned annual241 |
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| 270 | 270 | | golf tournaments on a national tour of professional golf in this state, and has held one242 |
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| 271 | 271 | | or more of the same or different sanctioned annual golf tournaments on a national tour243 |
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| 272 | 272 | | of professional golf in this state for at least 30 years;244 |
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| 273 | 273 | | (C) The owner of a facility in this state that has held an annual invitational golf245 |
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| 274 | 274 | | tournament for professional and amateur golfers for at least 30 years;246 |
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| 275 | 275 | | (D) The owner of a facility located in this state that hosts automobile races on a247 |
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| 276 | 276 | | national association for stock car racing national tour or a wholly owned for-profit248 |
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| 277 | 277 | | S. B. 208 |
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| 278 | 278 | | - 10 - 25 LC 55 0516 |
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| 279 | 279 | | subsidiary of the owner of such a facility, if the owner is a nonprofit corporation or249 |
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| 280 | 280 | | nonprofit organization;250 |
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| 281 | 281 | | (E) The Georgia Lottery Corporation; and251 |
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| 282 | 282 | | (F) Any entity that directly, or through one of its members or shareholders, has been252 |
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| 283 | 283 | | approved in this state by the National Steeplechase Association for at least six months253 |
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| 284 | 284 | | prior to the effective date of this article.254 |
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| 285 | 285 | | (41) 'Type 1 sports betting licensee' means the master sports betting licensee, an online255 |
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| 286 | 286 | | sports betting services provider that contracts with the master sports betting licensee, or256 |
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| 287 | 287 | | a Type 1 eligible entity licensed or authorized by the corporation to directly or indirectly257 |
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| 288 | 288 | | offer online sports betting.258 |
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| 289 | 289 | | (42) 'Wager' or 'bet' means a sum of money that is risked by a bettor on the unknown259 |
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| 290 | 290 | | outcome of one or more sporting events. Such term shall be limited to fixed-odds betting,260 |
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| 291 | 291 | | futures bets, a tier 1 or tier 2 sports wager, a money line bet, an over/under bet, a parlay261 |
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| 292 | 292 | | bet, a proposition bet, or a bet on the spread. Such term shall not include a pari-mutuel262 |
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| 293 | 293 | | bet or wager or an entry fee paid to participate in a fantasy or simulated contest.263 |
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| 294 | 294 | | 50-27-123.264 |
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| 295 | 295 | | (a) The corporation shall have all powers and duties necessary to carry out the provisions265 |
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| 296 | 296 | | of this article and to exercise the control of the lottery game of sports betting in this state266 |
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| 297 | 297 | | as authorized by this article. Such powers and duties shall include, but shall not be limited267 |
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| 298 | 298 | | to, the following:268 |
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| 299 | 299 | | (1) To have jurisdiction, supervision, and regulatory authority over sports betting,269 |
|---|
| 300 | 300 | | including, but not limited to, regulation, licensure, and offering of sports betting on270 |
|---|
| 301 | 301 | | mobile applications available state wide via the internet and through a limited number of271 |
|---|
| 302 | 302 | | licenses to be awarded to Type 1 sports betting licensees;272 |
|---|
| 303 | 303 | | (2) To have jurisdiction and supervision of all persons conducting, participating in, or273 |
|---|
| 304 | 304 | | attending any facility with sports betting;274 |
|---|
| 305 | 305 | | S. B. 208 |
|---|
| 306 | 306 | | - 11 - 25 LC 55 0516 |
|---|
| 307 | 307 | | (3) To appoint and employ such persons as the corporation deems essential to perform275 |
|---|
| 308 | 308 | | its duties under this article and to ensure that such sports betting is conducted with order276 |
|---|
| 309 | 309 | | and the highest integrity. Such employees shall possess such authority and perform such277 |
|---|
| 310 | 310 | | duties as the corporation shall prescribe or delegate to them. Such employees shall be278 |
|---|
| 311 | 311 | | compensated as provided by the corporation;279 |
|---|
| 312 | 312 | | (4) To enter upon, investigate, and have free access to all places of business of any280 |
|---|
| 313 | 313 | | licensee under this article and to compel the production of any books, ledgers, documents,281 |
|---|
| 314 | 314 | | records, memoranda, or other information of any licensee to ensure such licensee's282 |
|---|
| 315 | 315 | | compliance with the rules and regulations promulgated by the corporation pursuant to this283 |
|---|
| 316 | 316 | | article. Such rules and regulations shall be exempt from the requirements of Chapter 13284 |
|---|
| 317 | 317 | | of this title, the 'Georgia Administrative Procedure Act';285 |
|---|
| 318 | 318 | | (5) To promulgate any rules and regulations as the corporation deems necessary and286 |
|---|
| 319 | 319 | | proper to administer the provisions of this article; provided, however, that the initial rules287 |
|---|
| 320 | 320 | | and regulations governing sports betting shall be promulgated and adopted by the288 |
|---|
| 321 | 321 | | corporation within 90 days of the effective date of this article after an opportunity has289 |
|---|
| 322 | 322 | | been provided for public comment. The promulgation and adoption of such initial rules290 |
|---|
| 323 | 323 | | and regulations shall not be subject to Chapter 13 of this title, the 'Georgia Administrative291 |
|---|
| 324 | 324 | | Procedure Act';292 |
|---|
| 325 | 325 | | (6) To issue subpoenas for the attendance of witnesses before the corporation, administer293 |
|---|
| 326 | 326 | | oaths, and compel production of records or other documents and testimony of witnesses294 |
|---|
| 327 | 327 | | whenever, in the judgment of the corporation, it is necessary to do so for the effectual295 |
|---|
| 328 | 328 | | discharge of the duties of the corporation under this article;296 |
|---|
| 329 | 329 | | (7) To compel any person licensed by the corporation to file with the corporation such297 |
|---|
| 330 | 330 | | data, documents, and information as shall appear to the corporation to be necessary for298 |
|---|
| 331 | 331 | | the performance of the duties of the corporation under this article, including, but not299 |
|---|
| 332 | 332 | | limited to, financial statements and information relative to stockholders and all others300 |
|---|
| 333 | 333 | | with a pecuniary interest in such person;301 |
|---|
| 334 | 334 | | S. B. 208 |
|---|
| 335 | 335 | | - 12 - 25 LC 55 0516 |
|---|
| 336 | 336 | | (8) To prescribe the manner in which books and records of persons licensed or permitted302 |
|---|
| 337 | 337 | | by the corporation under this article shall be kept;303 |
|---|
| 338 | 338 | | (9) To enter into arrangements with any foreign or domestic government or304 |
|---|
| 339 | 339 | | governmental agency for the purposes of exchanging information or performing any other305 |
|---|
| 340 | 340 | | act to better ensure the proper conduct of betting under this article;306 |
|---|
| 341 | 341 | | (10) To order such audits, in addition to those otherwise required by this article, as the307 |
|---|
| 342 | 342 | | corporation deems necessary and desirable;308 |
|---|
| 343 | 343 | | (11) Upon the receipt of a complaint of an alleged criminal violation of this article, to309 |
|---|
| 344 | 344 | | immediately report such complaint to the appropriate law enforcement agency with310 |
|---|
| 345 | 345 | | jurisdiction to investigate criminal activity;311 |
|---|
| 346 | 346 | | (12) To provide for the reporting of the applicable amount of state and federal income312 |
|---|
| 347 | 347 | | tax of persons claiming a prize or payoff for a winning wager under this article;313 |
|---|
| 348 | 348 | | (13) To establish and administer a program for providing assistance to problem314 |
|---|
| 349 | 349 | | gamblers, including, but not limited to, requiring the electronic posting of signs,315 |
|---|
| 350 | 350 | | notifications, or other relevant responsible gambling information in a clear and316 |
|---|
| 351 | 351 | | conspicuous manner on online sports betting platforms, including a national toll-free317 |
|---|
| 352 | 352 | | number that directs callers to an organization that provides assistance to problem318 |
|---|
| 353 | 353 | | gamblers;319 |
|---|
| 354 | 354 | | (14) To eject or exclude from the sports betting facility or any part thereof any320 |
|---|
| 355 | 355 | | individual, whether licensed or not, whose conduct or reputation is such that his or her321 |
|---|
| 356 | 356 | | presence may, in the opinion of the corporation or the designated employees of the322 |
|---|
| 357 | 357 | | corporation, reflect adversely on the honesty and integrity of the sports betting or323 |
|---|
| 358 | 358 | | interfere with the orderly conduct of the lottery game of sports betting;324 |
|---|
| 359 | 359 | | (15) To keep a true and full record of all proceedings of the corporation under this article325 |
|---|
| 360 | 360 | | and preserve at the corporation's general office all books, documents, and papers of the326 |
|---|
| 361 | 361 | | corporation; and327 |
|---|
| 362 | 362 | | S. B. 208 |
|---|
| 363 | 363 | | - 13 - 25 LC 55 0516 |
|---|
| 364 | 364 | | (16) To adopt rules and regulations specific to the manner in which a licensee may328 |
|---|
| 365 | 365 | | advertise its business operations as authorized by this article.329 |
|---|
| 366 | 366 | | (b) The corporation shall not have the power to prescribe a licensee's maximum or330 |
|---|
| 367 | 367 | | minimum payout or hold percentage.331 |
|---|
| 368 | 368 | | (c) The corporation shall not have the power to issue or award and shall not issue or award332 |
|---|
| 369 | 369 | | any licenses provided for in this article prior to September 1, 2025.333 |
|---|
| 370 | 370 | | 50-27-124.334 |
|---|
| 371 | 371 | | The corporation shall prescribe by rules and regulations:335 |
|---|
| 372 | 372 | | (1) The reserves that must be kept by licensees to comply with subparagraph (c)(6)(A)336 |
|---|
| 373 | 373 | | of Code Section 50-27-130 to pay off bettors;337 |
|---|
| 374 | 374 | | (2) Any insurance requirements for a licensee;338 |
|---|
| 375 | 375 | | (3) Minimum requirements by which each licensee shall exercise effective control over339 |
|---|
| 376 | 376 | | its internal fiscal affairs, including, without limitation, requirements for:340 |
|---|
| 377 | 377 | | (A) Safeguarding assets and revenues, including evidence of indebtedness;341 |
|---|
| 378 | 378 | | (B) Maintaining reliable records relating to accounts, transactions, profits and losses,342 |
|---|
| 379 | 379 | | operations, and events; and343 |
|---|
| 380 | 380 | | (C) Global risk management;344 |
|---|
| 381 | 381 | | (4) Requirements for internal and independent audits of licensees;345 |
|---|
| 382 | 382 | | (5) The manner in which periodic financial reports shall be submitted to the corporation346 |
|---|
| 383 | 383 | | from each licensee, including the financial information to be included in the reports;347 |
|---|
| 384 | 384 | | (6) The type of information deemed to be confidential financial or proprietary348 |
|---|
| 385 | 385 | | information that is not subject to any reporting requirements under this article;349 |
|---|
| 386 | 386 | | (7) Policies, procedures, and processes designed to mitigate the risk of cheating and350 |
|---|
| 387 | 387 | | money laundering; and351 |
|---|
| 388 | 388 | | (8) Any post-employment restrictions necessary to maintain the integrity of sports352 |
|---|
| 389 | 389 | | betting in this state.353 |
|---|
| 390 | 390 | | S. B. 208 |
|---|
| 391 | 391 | | - 14 - 25 LC 55 0516 |
|---|
| 392 | 392 | | Part 2354 |
|---|
| 393 | 393 | | 50-27-130.355 |
|---|
| 394 | 394 | | (a) Any person offering, operating, or managing sports betting in this state shall be356 |
|---|
| 395 | 395 | | licensed by the corporation.357 |
|---|
| 396 | 396 | | (b) The corporation shall issue licenses to qualified applicants able to meet the duties of358 |
|---|
| 397 | 397 | | a license holder under this article and that the corporation determines will best satisfy the359 |
|---|
| 398 | 398 | | following criteria:360 |
|---|
| 399 | 399 | | (1) Expertise in the business of online sports betting;361 |
|---|
| 400 | 400 | | (2) Integrity, sustainability, and safety of the online sports betting platform;362 |
|---|
| 401 | 401 | | (3) Past relevant experience of the applicant;363 |
|---|
| 402 | 402 | | (4) Advertising and promotional plans to maximize revenue;364 |
|---|
| 403 | 403 | | (5) Demonstrated commitment to and plans for the promotion of responsible gaming;365 |
|---|
| 404 | 404 | | and366 |
|---|
| 405 | 405 | | (6) Capacity to rapidly and efficiently bring bettors onto the applicant's platform.367 |
|---|
| 406 | 406 | | (c) An applicant for a license or for the renewal of a license shall submit an application on368 |
|---|
| 407 | 407 | | a form in such manner and in accordance with such requirements as may be prescribed by369 |
|---|
| 408 | 408 | | the rules and regulations of the corporation. Such rules and regulations shall require, at a370 |
|---|
| 409 | 409 | | minimum, that the application include the following:371 |
|---|
| 410 | 410 | | (1) If the applicant is an entity, identification of the applicant's principal owners, board372 |
|---|
| 411 | 411 | | of directors, officers, and supervisory employees;373 |
|---|
| 412 | 412 | | (2) Information, documentation, and assurances as may be required by the corporation374 |
|---|
| 413 | 413 | | to establish by clear and convincing evidence the applicant's good character, honesty, and375 |
|---|
| 414 | 414 | | integrity, including, but not limited to, information pertaining to family, habits, character,376 |
|---|
| 415 | 415 | | reputation, criminal and arrest records, business activities, financial affairs, and business,377 |
|---|
| 416 | 416 | | professional, and personal associates, covering at least the ten-year period immediately378 |
|---|
| 417 | 417 | | preceding the filing of the application;379 |
|---|
| 418 | 418 | | S. B. 208 |
|---|
| 419 | 419 | | - 15 - 25 LC 55 0516 |
|---|
| 420 | 420 | | (3) Notice and a description of civil judgments obtained against the applicant pertaining380 |
|---|
| 421 | 421 | | to antitrust or security regulation laws of the federal government, this state, or any other381 |
|---|
| 422 | 422 | | state, jurisdiction, province, or country;382 |
|---|
| 423 | 423 | | (4) To the extent available, letters of reference or the equivalent from law enforcement383 |
|---|
| 424 | 424 | | agencies having jurisdiction of the applicant's place of residence and principal place of384 |
|---|
| 425 | 425 | | business. Each such letter of reference shall indicate that the law enforcement agency385 |
|---|
| 426 | 426 | | does not have any pertinent information concerning the applicant or, if such law386 |
|---|
| 427 | 427 | | enforcement agency does have information pertaining to the applicant, shall provide such387 |
|---|
| 428 | 428 | | information, to the extent permitted by law;388 |
|---|
| 429 | 429 | | (5) If the applicant has conducted sports betting operations in another jurisdiction, a389 |
|---|
| 430 | 430 | | letter of reference from the regulatory body that governs sports betting that specifies the390 |
|---|
| 431 | 431 | | standing of the applicant with such regulatory body; provided, however, that, if no such391 |
|---|
| 432 | 432 | | letter is received within 60 days of the request therefor, the applicant may submit a392 |
|---|
| 433 | 433 | | statement under oath that the applicant is or was, during the period such activities were393 |
|---|
| 434 | 434 | | conducted, in good standing with the regulatory body;394 |
|---|
| 435 | 435 | | (6) Information, documentation, and assurances concerning financial background and395 |
|---|
| 436 | 436 | | resources as may be required to establish by clear and convincing evidence the financial396 |
|---|
| 437 | 437 | | stability, integrity, and responsibility of the applicant, including, but not limited to, bank397 |
|---|
| 438 | 438 | | references, business and personal income and disbursement schedules, tax returns and398 |
|---|
| 439 | 439 | | other reports filed with governmental agencies, and business and personal accounting and399 |
|---|
| 440 | 440 | | check records and ledgers. Each applicant shall, in writing, authorize the examination of400 |
|---|
| 441 | 441 | | all bank accounts and records as may be deemed necessary by the corporation. The401 |
|---|
| 442 | 442 | | corporation may consider any relevant evidence of financial stability. The applicant shall402 |
|---|
| 443 | 443 | | be presumed to be financially stable if the applicant establishes by clear and convincing403 |
|---|
| 444 | 444 | | evidence the ability to:404 |
|---|
| 445 | 445 | | (A) Assure the financial integrity of sports betting operations by the maintenance of405 |
|---|
| 446 | 446 | | a reserve of not less than $500,000.00 or the amount required to cover the outstanding406 |
|---|
| 447 | 447 | | S. B. 208 |
|---|
| 448 | 448 | | - 16 - 25 LC 55 0516 |
|---|
| 449 | 449 | | liabilities for wagers accepted by the licensee, whichever is greater. Outstanding407 |
|---|
| 450 | 450 | | liabilities for wagers shall mean the sum of the amount paid by patrons for wagers that408 |
|---|
| 451 | 451 | | have not yet been determined and the amount owed but unpaid by licensees to patrons409 |
|---|
| 452 | 452 | | for wagers whose results have been determined. The reserve may take the form of a410 |
|---|
| 453 | 453 | | bond, an irrevocable letter of credit, payment processor reserves and receivables, cash411 |
|---|
| 454 | 454 | | or cash equivalents segregated from operational funds, guaranty letter, or a combination412 |
|---|
| 455 | 455 | | thereof. Such reserve shall be adequate to pay winning wagers to bettors when due. 413 |
|---|
| 456 | 456 | | An applicant is presumed to have met this standard if the applicant maintains, on a daily414 |
|---|
| 457 | 457 | | basis, a minimum reserve in an amount which is at least equal to the average daily415 |
|---|
| 458 | 458 | | minimum reserve, calculated on a monthly basis, for the corresponding month in the416 |
|---|
| 459 | 459 | | previous year;417 |
|---|
| 460 | 460 | | (B) Meet ongoing operating expenses which are essential to the maintenance of418 |
|---|
| 461 | 461 | | continuous and stable sports betting operations; and419 |
|---|
| 462 | 462 | | (C) Pay, as and when due, all state and federal taxes;420 |
|---|
| 463 | 463 | | (7) Information, documentation, and assurances as may be required to establish by clear421 |
|---|
| 464 | 464 | | and convincing evidence that the applicant has sufficient business ability and sports422 |
|---|
| 465 | 465 | | betting experience to establish the likelihood of the creation and maintenance of423 |
|---|
| 466 | 466 | | successful, efficient sports betting operations in this state;424 |
|---|
| 467 | 467 | | (8) Information, as required by the rules and regulations of the corporation, regarding the425 |
|---|
| 468 | 468 | | financial standing of the applicant, including, without limitation, each person or entity426 |
|---|
| 469 | 469 | | that has provided loans or financing to the applicant;427 |
|---|
| 470 | 470 | | (9) A nonrefundable application fee and annual licensing fee as follows:428 |
|---|
| 471 | 471 | | (A) Applicants for a Type 1 sports betting license shall pay a nonrefundable429 |
|---|
| 472 | 472 | | application fee in the amount of $100,000.00 and an annual licensing fee in the amount430 |
|---|
| 473 | 473 | | of $1.5 million; provided, however, that, for those licenses referred to in paragraph (3)431 |
|---|
| 474 | 474 | | of subsection (b) of Code Section 50-27-133, such annual licensing fee shall instead be432 |
|---|
| 475 | 475 | | $750,000.00 and the application fee and annual licensing fee shall be paid by the online433 |
|---|
| 476 | 476 | | S. B. 208 |
|---|
| 477 | 477 | | - 17 - 25 LC 55 0516 |
|---|
| 478 | 478 | | sports betting services provider and not by the corporation, which shall not be required434 |
|---|
| 479 | 479 | | to pay any such fees;435 |
|---|
| 480 | 480 | | (B) Applicants for an online sports betting services provider license shall pay a436 |
|---|
| 481 | 481 | | nonrefundable application fee in the amount of $10,000.00 and an annual licensing fee437 |
|---|
| 482 | 482 | | of $100,000.00; provided, however, that an online sports betting services provider that438 |
|---|
| 483 | 483 | | applies for and obtains one of the licenses referred to in paragraph (3) of subsection (b)439 |
|---|
| 484 | 484 | | of Code Section 50-27-133 shall only be required to pay the nonrefundable application440 |
|---|
| 485 | 485 | | fee and annual licensing fee applicable to the applicant's Type 1 sports betting license;441 |
|---|
| 486 | 486 | | and442 |
|---|
| 487 | 487 | | (C) Applicants for a sports betting supplier license shall pay a nonrefundable443 |
|---|
| 488 | 488 | | application fee in the amount of $2,000.00 and an annual licensing fee of $20,000.00;444 |
|---|
| 489 | 489 | | and445 |
|---|
| 490 | 490 | | (10) Any additional information, documents, or assurances required by rules and446 |
|---|
| 491 | 491 | | regulations of the corporation.447 |
|---|
| 492 | 492 | | (d) The corporation shall review and approve or deny an application for a license not more448 |
|---|
| 493 | 493 | | than 90 days after receipt of an application.449 |
|---|
| 494 | 494 | | 50-27-131.450 |
|---|
| 495 | 495 | | (a) A licensee may renew its license by submitting an application on a form in such451 |
|---|
| 496 | 496 | | manner and in accordance with such requirements as may be prescribed by rules and452 |
|---|
| 497 | 497 | | regulations of the corporation. A licensee shall submit the nonrefundable application fee453 |
|---|
| 498 | 498 | | prescribed under paragraph (9) of subsection (c) of Code Section 50-27-130 with its454 |
|---|
| 499 | 499 | | application for license renewal.455 |
|---|
| 500 | 500 | | (b) For each application for licensure or renewal of a license approved under this Code456 |
|---|
| 501 | 501 | | section, the amount of the application fee shall be credited toward the licensee's annual457 |
|---|
| 502 | 502 | | licensing fee and the licensee shall remit the balance of the annual fee to the corporation458 |
|---|
| 503 | 503 | | upon approval of a license.459 |
|---|
| 504 | 504 | | S. B. 208 |
|---|
| 505 | 505 | | - 18 - 25 LC 55 0516 |
|---|
| 506 | 506 | | (c) Each licensee shall have a continuing duty to promptly inform the corporation of any460 |
|---|
| 507 | 507 | | change in status relating to any information that may disqualify the licensee from holding461 |
|---|
| 508 | 508 | | a license under Code Section 50-27-132.462 |
|---|
| 509 | 509 | | (d) A professional sports governing body may enter into commercial agreements with463 |
|---|
| 510 | 510 | | licensees or other entities that provide for such professional sports governing body to share464 |
|---|
| 511 | 511 | | in the amounts wagered or revenue derived from wagers on sporting events of such465 |
|---|
| 512 | 512 | | professional sports governing body. A professional sports governing body shall not be466 |
|---|
| 513 | 513 | | required to obtain any approval or other form of authorization from the corporation to enter467 |
|---|
| 514 | 514 | | into such commercial agreements or to lawfully accept such amounts or revenues. The468 |
|---|
| 515 | 515 | | corporation shall not prescribe any terms or conditions that are required to be included into469 |
|---|
| 516 | 516 | | such commercial agreements.470 |
|---|
| 517 | 517 | | (e) A person that holds a license or permit to engage in sports betting issued by another471 |
|---|
| 518 | 518 | | jurisdiction may submit a request to the corporation for a temporary license for such person472 |
|---|
| 519 | 519 | | to immediately commence engagement in this state in sports betting. Such request shall473 |
|---|
| 520 | 520 | | include the annual licensing fee required under paragraph (9) of subsection (c) of Code474 |
|---|
| 521 | 521 | | Section 50-27-130.475 |
|---|
| 522 | 522 | | (f) Upon receiving a request for a temporary license, the chief executive officer may476 |
|---|
| 523 | 523 | | review the request at his or her discretion. If the chief executive officer reviews the request477 |
|---|
| 524 | 524 | | and determines that the person requesting the temporary license holds a license or permit478 |
|---|
| 525 | 525 | | issued by another jurisdiction to engage in sports betting and has paid the required479 |
|---|
| 526 | 526 | | licensing fee, the chief executive officer may authorize such person to engage in sports480 |
|---|
| 527 | 527 | | betting pursuant to this article under a temporary license for up to one year or until a final481 |
|---|
| 528 | 528 | | determination on such person's application is made, whichever is later.482 |
|---|
| 529 | 529 | | (g) All licenses issued under this article shall be valid for a term of five years, unless483 |
|---|
| 530 | 530 | | suspended or revoked as provided under this article.484 |
|---|
| 531 | 531 | | (h) The corporation may adopt rules and regulations prescribing the manner in which a485 |
|---|
| 532 | 532 | | license may be transferred and a fee for a license transfer.486 |
|---|
| 533 | 533 | | S. B. 208 |
|---|
| 534 | 534 | | - 19 - 25 LC 55 0516 |
|---|
| 535 | 535 | | (i) A licensee may maintain the bond, letter of credit, or cash reserve at any bank lawfully487 |
|---|
| 536 | 536 | | operating in this state and the licensee shall be the beneficiary of any interest accrued488 |
|---|
| 537 | 537 | | thereon.489 |
|---|
| 538 | 538 | | 50-27-132.490 |
|---|
| 539 | 539 | | (a) The following persons shall not be eligible to apply for or obtain a license under this491 |
|---|
| 540 | 540 | | article:492 |
|---|
| 541 | 541 | | (1) A member of the board of directors or employee of the corporation or an employee493 |
|---|
| 542 | 542 | | of a corporation vendor; provided, however, that a corporation vendor as an entity may494 |
|---|
| 543 | 543 | | be eligible to apply for or obtain a license;495 |
|---|
| 544 | 544 | | (2) An employee of a professional sports team on which the applicant offers sports496 |
|---|
| 545 | 545 | | betting;497 |
|---|
| 546 | 546 | | (3) A coach of or player for a collegiate, professional, or Olympic sports team or sport498 |
|---|
| 547 | 547 | | or an entity that has an affiliation or interest in such a sports team or sport;499 |
|---|
| 548 | 548 | | (4) An individual who is a member or employee of any professional sports governing500 |
|---|
| 549 | 549 | | body or sporting events operator;501 |
|---|
| 550 | 550 | | (5) An individual or entity with an owner, officer, or director who has been convicted of502 |
|---|
| 551 | 551 | | a crime of moral turpitude or similar degree as specified in rules and regulations503 |
|---|
| 552 | 552 | | promulgated by the corporation pursuant to this article;504 |
|---|
| 553 | 553 | | (6) A person having the ability to directly affect the outcome of a sporting event upon505 |
|---|
| 554 | 554 | | which the applicant offers sports betting;506 |
|---|
| 555 | 555 | | (7) A trustee or regent of a governing board of a public or private institution of higher507 |
|---|
| 556 | 556 | | education;508 |
|---|
| 557 | 557 | | (8) An individual prohibited by the rules or regulations of a professional sports509 |
|---|
| 558 | 558 | | governing body or sporting events operator of a collegiate sports, team, league, or510 |
|---|
| 559 | 559 | | association from participating in sports betting;511 |
|---|
| 560 | 560 | | S. B. 208 |
|---|
| 561 | 561 | | - 20 - 25 LC 55 0516 |
|---|
| 562 | 562 | | (9) A student or an employee of a public or private institution of higher education who512 |
|---|
| 563 | 563 | | has access to material nonpublic information concerning a student athlete or a sports513 |
|---|
| 564 | 564 | | team; and514 |
|---|
| 565 | 565 | | (10) Any other category of persons, established by the rules and regulations of the515 |
|---|
| 566 | 566 | | corporation, that, if licensed, would negatively affect the integrity of sports betting in this516 |
|---|
| 567 | 567 | | state.517 |
|---|
| 568 | 568 | | (b) An individual listed in paragraphs (2) through (10) of subsection (a) of this Code518 |
|---|
| 569 | 569 | | section may hold an ownership interest in an applicant or licensee without disqualifying519 |
|---|
| 570 | 570 | | the applicant or licensee from obtaining or holding a license; provided, however, that such520 |
|---|
| 571 | 571 | | an ownership interest of 25 percent or more shall require approval from the corporation. 521 |
|---|
| 572 | 572 | | In determining whether such an ownership interest shall be the basis of disqualification, the522 |
|---|
| 573 | 573 | | corporation shall consider whether such interest would negatively affect the integrity of523 |
|---|
| 574 | 574 | | sports betting in this state and any other factors the corporation shall deem relevant.524 |
|---|
| 575 | 575 | | 50-27-133.525 |
|---|
| 576 | 576 | | (a) Except as provided in subsection (h) of this Code section, a Type 1 sports betting526 |
|---|
| 577 | 577 | | license authorizes a Type 1 eligible entity, or its designated online sports betting services527 |
|---|
| 578 | 578 | | provider, to offer online sports betting. If a Type 1 eligible entity designates an online528 |
|---|
| 579 | 579 | | sports betting services provider, the online sports betting services provider is considered529 |
|---|
| 580 | 580 | | the applicant for a Type 1 sports betting license and is considered the Type 1 sports betting530 |
|---|
| 581 | 581 | | licensee for all aspects of the regulatory control of the corporation and the operations under531 |
|---|
| 582 | 582 | | the Type 1 sports betting license. The corporation shall establish a procedure for a Type532 |
|---|
| 583 | 583 | | 1 eligible entity to designate an online sports betting provider.533 |
|---|
| 584 | 584 | | (b) The corporation shall issue not more than 18 Type 1 sports betting licenses to Type 1534 |
|---|
| 585 | 585 | | eligible entities or their designated online sports betting services providers in accordance535 |
|---|
| 586 | 586 | | with the following:536 |
|---|
| 587 | 587 | | S. B. 208 |
|---|
| 588 | 588 | | - 21 - 25 LC 55 0516 |
|---|
| 589 | 589 | | (1) Five Type 1 sports betting licenses shall be reserved for the Type 1 eligible entities537 |
|---|
| 590 | 590 | | defined in subparagraph (A) of paragraph (40) of Code Section 50-27-122 or their538 |
|---|
| 591 | 591 | | designated online sports betting services providers; provided, however, that more than539 |
|---|
| 592 | 592 | | one license may be issued to an owner of multiple professional sports teams;540 |
|---|
| 593 | 593 | | (2) One Type 1 sports betting license shall be reserved for each of the Type 1 eligible541 |
|---|
| 594 | 594 | | entities defined in subparagraphs (B) through (E) of paragraph (40) of Code Section542 |
|---|
| 595 | 595 | | 50-27-122 or their designated online sports betting services providers and two Type 1543 |
|---|
| 596 | 596 | | sports betting licenses shall be reserved for the Type 1 eligible entities defined in544 |
|---|
| 597 | 597 | | subparagraph (F) of paragraph (40) of Code Section 50-27-122 or their designated online545 |
|---|
| 598 | 598 | | sports betting services providers; and546 |
|---|
| 599 | 599 | | (3) The corporation shall award contracts to manage the remaining Type 1 sports betting547 |
|---|
| 600 | 600 | | licenses to separate online sports betting services providers via a public procurement548 |
|---|
| 601 | 601 | | process;549 |
|---|
| 602 | 602 | | provided, however, that a master sports betting license shall authorize the corporation550 |
|---|
| 603 | 603 | | through a designated online sports betting services provider to offer online sports betting.551 |
|---|
| 604 | 604 | | (c) A Type 1 eligible entity may contract with no more than one online sports betting552 |
|---|
| 605 | 605 | | services provider to operate online sports betting on behalf of the Type 1 eligible entity.553 |
|---|
| 606 | 606 | | (d) A Type 1 eligible entity shall provide written notice to the corporation of its intention,554 |
|---|
| 607 | 607 | | or its designated sports betting services provider's intention, to apply for a Type 1 sports555 |
|---|
| 608 | 608 | | betting license within 60 days of the effective date of this article. The failure of a Type 1556 |
|---|
| 609 | 609 | | eligible entity to provide such written notice shall result in the permanent disqualification557 |
|---|
| 610 | 610 | | and prohibition of such Type 1 eligible entity or its designated sports betting services558 |
|---|
| 611 | 611 | | provider from obtaining a Type 1 sports betting license.559 |
|---|
| 612 | 612 | | (e) A Type 1 sports betting licensee shall not offer online sports betting until the560 |
|---|
| 613 | 613 | | corporation has issued a license to at least one online sports betting services provider that561 |
|---|
| 614 | 614 | | has been awarded a sports betting license via the public procurement process as determined562 |
|---|
| 615 | 615 | | by the corporation.563 |
|---|
| 616 | 616 | | S. B. 208 |
|---|
| 617 | 617 | | - 22 - 25 LC 55 0516 |
|---|
| 618 | 618 | | (f) All applicants for the 18 Type 1 sports betting licenses under subsection (b) of this564 |
|---|
| 619 | 619 | | Code section that have submitted an application within 30 days of the date in which the565 |
|---|
| 620 | 620 | | corporation began to accept applications for Type 1 sports betting licenses shall be given566 |
|---|
| 621 | 621 | | an equal opportunity to first commence offering, conducting, or operating online sports567 |
|---|
| 622 | 622 | | betting in this state on the same day, and in any event not later than January 31, 2026.568 |
|---|
| 623 | 623 | | (g) A Type 1 eligible entity described in subparagraphs (A) through (D) of paragraph (40)569 |
|---|
| 624 | 624 | | of Code Section 50-27-122 that becomes a Type 1 sports betting licensee or designates an570 |
|---|
| 625 | 625 | | online sports betting services provider shall establish and maintain procedures with respect571 |
|---|
| 626 | 626 | | to sporting events which the Type 1 eligible entity participates in or administers to ensure572 |
|---|
| 627 | 627 | | avoidance of conflicts of interest in the operation of sports betting in this state.573 |
|---|
| 628 | 628 | | (h) Only a Type 1 sports betting licensee identified in subparagraph (F) of paragraph (40)574 |
|---|
| 629 | 629 | | of Code Section 50-27-122, or its designated online sports betting services provider, may575 |
|---|
| 630 | 630 | | offer online sports betting that also includes the sporting event of equestrian races on out576 |
|---|
| 631 | 631 | | of state tracks or other facilities and only at one facility that is owned and operated by the577 |
|---|
| 632 | 632 | | Type 1 sports betting licensee or its affiliate. Nothing in this article authorizes online578 |
|---|
| 633 | 633 | | sports betting on horse or other animal races occurring in this state. For purposes of this579 |
|---|
| 634 | 634 | | subsection, 'affiliate' means a person or entity that directly, or indirectly through one or580 |
|---|
| 635 | 635 | | more intermediaries, controls or is controlled by or is under common control with another581 |
|---|
| 636 | 636 | | person or entity.582 |
|---|
| 637 | 637 | | 50-27-134.583 |
|---|
| 638 | 638 | | (a) An online sports betting services provider shall offer online sports betting only in584 |
|---|
| 639 | 639 | | accordance with the provisions of this article and the rules and regulations adopted by the585 |
|---|
| 640 | 640 | | corporation under this article.586 |
|---|
| 641 | 641 | | (b) An online sports betting services provider shall obtain a license under this article587 |
|---|
| 642 | 642 | | before offering online sports betting pursuant to a contract with a Type 1 sports betting588 |
|---|
| 643 | 643 | | licensee or master sports betting licensee. An online sports betting services provider589 |
|---|
| 644 | 644 | | S. B. 208 |
|---|
| 645 | 645 | | - 23 - 25 LC 55 0516 |
|---|
| 646 | 646 | | license shall entitle the holder to contract with no more than one Type 1 sports betting590 |
|---|
| 647 | 647 | | licensee.591 |
|---|
| 648 | 648 | | (c) If the holder of a Type 1 sports betting license is a Type 1 eligible entity and is a592 |
|---|
| 649 | 649 | | member of a league, association, or organization that prevents the holder from being593 |
|---|
| 650 | 650 | | subject to the regulatory control of the corporation or from otherwise operating under the594 |
|---|
| 651 | 651 | | license, such a Type 1 eligible entity may contractually appoint an online sports betting595 |
|---|
| 652 | 652 | | services provider for all aspects of corporation oversight and operations under the Type 1596 |
|---|
| 653 | 653 | | sports betting license.597 |
|---|
| 654 | 654 | | (d) Institutional investors shall be exempt from any and all qualification and disclosure598 |
|---|
| 655 | 655 | | requirements under this article or required under the rules and regulations promulgated by599 |
|---|
| 656 | 656 | | the corporation pursuant to this article. Such exemption shall extend to the owners,600 |
|---|
| 657 | 657 | | directors, and officers of such institutional investors.601 |
|---|
| 658 | 658 | | Part 3602 |
|---|
| 659 | 659 | | 50-27-150.603 |
|---|
| 660 | 660 | | (a) Notwithstanding any other law to the contrary, there shall be imposed an annual604 |
|---|
| 661 | 661 | | privilege tax of 25 percent of the adjusted gross income derived from online sports betting605 |
|---|
| 662 | 662 | | in accordance with this Code section.606 |
|---|
| 663 | 663 | | (b) The privilege tax described in subsection (a) of this Code section shall be paid by the607 |
|---|
| 664 | 664 | | online sports betting services provider; provided, however, that, if a Type 1 sports betting608 |
|---|
| 665 | 665 | | licensee does not contract with an online sports betting services provider, such privilege609 |
|---|
| 666 | 666 | | tax shall be paid by such Type 1 sports betting licensee as provided for in subsection (c)610 |
|---|
| 667 | 667 | | of this Code section. This subsection shall not apply to the master licensee.611 |
|---|
| 668 | 668 | | (c) The privilege tax imposed under this Code section shall be paid monthly by the online612 |
|---|
| 669 | 669 | | sports betting services provider based on its monthly adjusted gross income for the613 |
|---|
| 670 | 670 | | immediately preceding calendar month. The privilege tax shall be paid to the corporation614 |
|---|
| 671 | 671 | | S. B. 208 |
|---|
| 672 | 672 | | - 24 - 25 LC 55 0516 |
|---|
| 673 | 673 | | in accordance with rules and regulations promulgated by the corporation. If the online615 |
|---|
| 674 | 674 | | sports betting services provider's adjusted gross income for a month is a negative number,616 |
|---|
| 675 | 675 | | such online sports betting services provider may carry over such negative amount to617 |
|---|
| 676 | 676 | | subsequent months.618 |
|---|
| 677 | 677 | | (d) All moneys from privilege taxes and fees collected under this Code section shall be619 |
|---|
| 678 | 678 | | distributed and used as provided under Article I, Section II, Paragraph VIII of the620 |
|---|
| 679 | 679 | | Constitution of Georgia.621 |
|---|
| 680 | 680 | | (e) With the exemption of licensing fees imposed by paragraph (9) of subsection (c) of622 |
|---|
| 681 | 681 | | Code Section 50-27-130, the privilege tax imposed under this Code section is in lieu of all623 |
|---|
| 682 | 682 | | other state and local sales and income taxes and fees imposed on the operation of sports624 |
|---|
| 683 | 683 | | betting or on the proceeds from the operation of sports betting in this state.625 |
|---|
| 684 | 684 | | 50-27-151.626 |
|---|
| 685 | 685 | | (a) Each licensee shall report to the corporation, no later than January 15 of each year:627 |
|---|
| 686 | 686 | | (1) The total amount of wagers received from bettors for the immediately preceding628 |
|---|
| 687 | 687 | | calendar year;629 |
|---|
| 688 | 688 | | (2) The adjusted gross income of the licensee for the immediately preceding calendar630 |
|---|
| 689 | 689 | | year; and631 |
|---|
| 690 | 690 | | (3) Any additional information required by the rules and regulations of the corporation632 |
|---|
| 691 | 691 | | deemed in the public interest or necessary to maintain the integrity of sports betting in633 |
|---|
| 692 | 692 | | this state.634 |
|---|
| 693 | 693 | | (b) A licensee shall promptly report to the corporation any information relating to:635 |
|---|
| 694 | 694 | | (1) The name of any newly elected officer or director of the board of the licensed entity;636 |
|---|
| 695 | 695 | | and637 |
|---|
| 696 | 696 | | (2) The acquisition by any person of 10 percent or more of any class of corporate stock.638 |
|---|
| 697 | 697 | | S. B. 208 |
|---|
| 698 | 698 | | - 25 - 25 LC 55 0516 |
|---|
| 699 | 699 | | (c) With respect to information reported under subsection (b) of this Code section, a639 |
|---|
| 700 | 700 | | licensee shall include with such report a statement of any conflict of interest that may exist640 |
|---|
| 701 | 701 | | as a result of such election or acquisition.641 |
|---|
| 702 | 702 | | (d) Upon receiving a report under this Code section or subsection (b) of Code642 |
|---|
| 703 | 703 | | Section 50-27-191, the corporation may conduct a hearing in accordance with Code Section643 |
|---|
| 704 | 704 | | 50-27-193 to determine whether the licensee remains in compliance with this article.644 |
|---|
| 705 | 705 | | Part 4645 |
|---|
| 706 | 706 | | 50-27-160.646 |
|---|
| 707 | 707 | | (a) No person shall knowingly:647 |
|---|
| 708 | 708 | | (1) Allow a minor to place a wager;648 |
|---|
| 709 | 709 | | (2) Offer, accept, or extend credit to a bettor in the form of a marker; provided, however,649 |
|---|
| 710 | 710 | | that promotions and promotional credits shall be permitted to be offered and extended to650 |
|---|
| 711 | 711 | | bettors;651 |
|---|
| 712 | 712 | | (3) Target minors in advertising or promotions for sports betting;652 |
|---|
| 713 | 713 | | (4) Offer or accept a wager on any event, outcome, or occurrence other than a sporting653 |
|---|
| 714 | 714 | | event, including, without limitation, a high school sporting event offered, sponsored, or654 |
|---|
| 715 | 715 | | played in connection with a public or private institution that offers education at the655 |
|---|
| 716 | 716 | | secondary level; or656 |
|---|
| 717 | 717 | | (5) Accept a wager from an individual who is prohibited from placing a wager or bet657 |
|---|
| 718 | 718 | | under Code Section 50-27-162, if such person has notice or actual knowledge that such658 |
|---|
| 719 | 719 | | individual is prohibited from placing such a wager or bet.659 |
|---|
| 720 | 720 | | (b) A person that knowingly violates this Code section:660 |
|---|
| 721 | 721 | | (1) For a first offense, shall be indefinitely prohibited from placing a wager, be required661 |
|---|
| 722 | 722 | | to forfeit the proceeds of any illegal wager, and be guilty of a misdemeanor; and662 |
|---|
| 723 | 723 | | S. B. 208 |
|---|
| 724 | 724 | | - 26 - 25 LC 55 0516 |
|---|
| 725 | 725 | | (2) For a second or subsequent offense, shall be required to forfeit the proceeds of any663 |
|---|
| 726 | 726 | | illegal wager and be guilty of a misdemeanor of a high and aggravated nature.664 |
|---|
| 727 | 727 | | 50-27-161.665 |
|---|
| 728 | 728 | | Except for those individuals ineligible to place bets under Code Section 50-27-162, an666 |
|---|
| 729 | 729 | | individual who is 21 years of age or older and who is physically located in this state may667 |
|---|
| 730 | 730 | | place a wager in the manner authorized under this article and the rules and regulations of668 |
|---|
| 731 | 731 | | the corporation.669 |
|---|
| 732 | 732 | | 50-27-162.670 |
|---|
| 733 | 733 | | (a) The following individuals and categories of individuals shall not, directly or indirectly,671 |
|---|
| 734 | 734 | | place a wager on sporting events or online sports betting platforms in this state:672 |
|---|
| 735 | 735 | | (1) A member, officer, or employee of the corporation shall not place a wager on any673 |
|---|
| 736 | 736 | | sporting event or platform;674 |
|---|
| 737 | 737 | | (2) A corporation vendor employee shall not place a wager on a sporting event using675 |
|---|
| 738 | 738 | | their employer's platform;676 |
|---|
| 739 | 739 | | (3) A licensee or principal owner, partner, member of the board of directors, officer, or677 |
|---|
| 740 | 740 | | supervisory employee of a licensee shall not place a wager on the licensee's platform;678 |
|---|
| 741 | 741 | | (4) A person that provides goods or services to a licensee or any principal owner, partner,679 |
|---|
| 742 | 742 | | member of the board of directors, officer, or supervisory employee of a person that680 |
|---|
| 743 | 743 | | provides such goods or services shall not place a wager on the licensee's platform;681 |
|---|
| 744 | 744 | | (5) A contractor, subcontractor, or consultant or any officer or employee of a contractor,682 |
|---|
| 745 | 745 | | subcontractor, or consultant of a licensee shall not place a wager on the licensee's683 |
|---|
| 746 | 746 | | platform, if such individual is directly involved in the licensee's operation of sports684 |
|---|
| 747 | 747 | | betting or the processing of sports betting claims or payments through the licensee's685 |
|---|
| 748 | 748 | | platform;686 |
|---|
| 749 | 749 | | S. B. 208 |
|---|
| 750 | 750 | | - 27 - 25 LC 55 0516 |
|---|
| 751 | 751 | | (6) An individual subject to a contract with the corporation shall not place a wager on687 |
|---|
| 752 | 752 | | any platform, if the contract contains a provision prohibiting the individual from688 |
|---|
| 753 | 753 | | participating in sports betting;689 |
|---|
| 754 | 754 | | (7) An individual with access to material nonpublic information that is known690 |
|---|
| 755 | 755 | | exclusively by an individual who is prohibited from placing a wager in this state under691 |
|---|
| 756 | 756 | | this Code section shall not use any such information to place a wager on any sporting692 |
|---|
| 757 | 757 | | event or platform;693 |
|---|
| 758 | 758 | | (8) An amateur or Olympic athlete shall not place a wager on any sporting event in694 |
|---|
| 759 | 759 | | which the athlete participates;695 |
|---|
| 760 | 760 | | (9) A professional athlete shall not place a wager on any sporting event overseen by such696 |
|---|
| 761 | 761 | | athlete's professional sports governing body or sporting events operator;697 |
|---|
| 762 | 762 | | (10) An owner or employee of a team, player, umpire, or sports union personnel, or698 |
|---|
| 763 | 763 | | employee, referee, coach, or official of a professional sports governing body or sporting699 |
|---|
| 764 | 764 | | events operator shall not place a wager on any sporting event, if the wager is based on a700 |
|---|
| 765 | 765 | | sporting event overseen by the individual's professional sports governing body or sporting701 |
|---|
| 766 | 766 | | events operator;702 |
|---|
| 767 | 767 | | (11) An individual having the ability to directly affect the outcome of a sporting event703 |
|---|
| 768 | 768 | | shall not place a wager on such sporting event;704 |
|---|
| 769 | 769 | | (12) A trustee or regent of a governing board of a public or private institution of higher705 |
|---|
| 770 | 770 | | education shall not place a wager on a collegiate sporting event;706 |
|---|
| 771 | 771 | | (13) An individual prohibited by the rules or regulations of a professional sports707 |
|---|
| 772 | 772 | | governing body or sporting events operator of a collegiate sports, team, league, or708 |
|---|
| 773 | 773 | | association from participating in sports betting shall not place a wager on any sporting709 |
|---|
| 774 | 774 | | event to which such prohibition applies; and710 |
|---|
| 775 | 775 | | (14) A student or an employee of a public or private institution of higher education who711 |
|---|
| 776 | 776 | | has access to material nonpublic information concerning a student athlete or a sports team712 |
|---|
| 777 | 777 | | S. B. 208 |
|---|
| 778 | 778 | | - 28 - 25 LC 55 0516 |
|---|
| 779 | 779 | | shall be prohibited from placing a wager on a collegiate sporting event if such713 |
|---|
| 780 | 780 | | information is relevant to the outcome of such event.714 |
|---|
| 781 | 781 | | (b) The corporation may prescribe by rules and regulations additional individuals and715 |
|---|
| 782 | 782 | | categories of individuals who are prohibited from placing a wager on specified sporting716 |
|---|
| 783 | 783 | | events or online sports betting platforms in this state.717 |
|---|
| 784 | 784 | | (c) The corporation shall prescribe by rules and regulations any measures necessary to718 |
|---|
| 785 | 785 | | ensure individuals who are prohibited from placing a wager on specified sporting events719 |
|---|
| 786 | 786 | | or online sports betting platforms in this state shall not be permitted to collude with720 |
|---|
| 787 | 787 | | individuals not specifically enumerated in subsection (a) of this Code section to directly721 |
|---|
| 788 | 788 | | affect the outcome of a sporting event.722 |
|---|
| 789 | 789 | | (d) Any individual who places a wager in violation of this Code section:723 |
|---|
| 790 | 790 | | (1) For a first offense, shall be:724 |
|---|
| 791 | 791 | | (A) Indefinitely prohibited from placing a wager;725 |
|---|
| 792 | 792 | | (B) Required to forfeit the proceeds of any illegal wager;726 |
|---|
| 793 | 793 | | (C) Guilty of a misdemeanor; and727 |
|---|
| 794 | 794 | | (D) Fined not less than $500.00 nor more than $1,000.00;728 |
|---|
| 795 | 795 | | (2) For a second offense, shall be:729 |
|---|
| 796 | 796 | | (A) Required to forfeit the proceeds of any illegal wager;730 |
|---|
| 797 | 797 | | (B) Guilty of a misdemeanor; and731 |
|---|
| 798 | 798 | | (C) Fined not less than $5,000.00 or imprisoned for not less than one month nor more732 |
|---|
| 799 | 799 | | than five months, or both; and733 |
|---|
| 800 | 800 | | (3) For a third or subsequent offense, shall be:734 |
|---|
| 801 | 801 | | (A) Required to forfeit the proceeds of any illegal wager;735 |
|---|
| 802 | 802 | | (B) Guilty of a misdemeanor of a high and aggravated nature; and736 |
|---|
| 803 | 803 | | (C) Fined not less than $7,500.00 or imprisoned for not less than three months, or both.737 |
|---|
| 804 | 804 | | S. B. 208 |
|---|
| 805 | 805 | | - 29 - 25 LC 55 0516 |
|---|
| 806 | 806 | | 50-27-163.738 |
|---|
| 807 | 807 | | (a) The corporation shall by rules and regulations prohibit betting on injuries, penalties,739 |
|---|
| 808 | 808 | | the outcome of player discipline rulings or replay reviews, and any other type or form of740 |
|---|
| 809 | 809 | | betting under this article that is contrary to public policy or unfair to bettors.741 |
|---|
| 810 | 810 | | (b)(1) A professional sports governing body or sporting events operator may submit to742 |
|---|
| 811 | 811 | | the corporation in writing, by providing notice in such form and manner as the743 |
|---|
| 812 | 812 | | corporation may require, a request to restrict, limit, or prohibit a certain type, form, or744 |
|---|
| 813 | 813 | | category of sports betting with respect to its sporting events, if the professional sports745 |
|---|
| 814 | 814 | | governing body or sporting events operator believes that such type, form, or category of746 |
|---|
| 815 | 815 | | sports betting with respect to its sporting events may undermine the integrity or perceived747 |
|---|
| 816 | 816 | | integrity of such professional sports governing body or sporting events operator or its748 |
|---|
| 817 | 817 | | sporting events. The corporation shall request comments from sports betting licensees749 |
|---|
| 818 | 818 | | and sports betting services provider licensees on all such requests it receives.750 |
|---|
| 819 | 819 | | (2) After giving due consideration to all comments received, the corporation shall, upon751 |
|---|
| 820 | 820 | | demonstration of good cause from the requestor that such type, form, or category of752 |
|---|
| 821 | 821 | | sports betting is likely to undermine the integrity or perceived integrity of such753 |
|---|
| 822 | 822 | | professional sports governing body or sporting events operator or its sporting events,754 |
|---|
| 823 | 823 | | grant the request. The corporation shall respond to a request concerning a particular755 |
|---|
| 824 | 824 | | sporting event before the start of the event, or if it is not feasible to respond before such756 |
|---|
| 825 | 825 | | time, no later than seven days after the request is made. If the corporation determines that757 |
|---|
| 826 | 826 | | the requestor is more likely than not to prevail in successfully demonstrating good cause758 |
|---|
| 827 | 827 | | for its request, the corporation may provisionally grant the request of the professional759 |
|---|
| 828 | 828 | | sports governing body or sporting events operator until the corporation makes a final760 |
|---|
| 829 | 829 | | determination as to whether the requestor has demonstrated good cause. Absent such a761 |
|---|
| 830 | 830 | | provisional grant by the corporation, sports betting licensees may continue to offer sports762 |
|---|
| 831 | 831 | | betting on sporting events that are the subject of such a request during the pendency of763 |
|---|
| 832 | 832 | | the corporation's consideration of the applicable request.764 |
|---|
| 833 | 833 | | S. B. 208 |
|---|
| 834 | 834 | | - 30 - 25 LC 55 0516 |
|---|
| 835 | 835 | | Part 5765 |
|---|
| 836 | 836 | | 50-27-170.766 |
|---|
| 837 | 837 | | (a) Prior to placing a wager with a licensee via online sports betting, a bettor shall register767 |
|---|
| 838 | 838 | | and establish a player account with the licensee remotely and attest that the bettor meets768 |
|---|
| 839 | 839 | | the requirements to place a wager with a licensee in this state. Prior to verification of a769 |
|---|
| 840 | 840 | | bettor's identity in accordance with this Code section, a licensee shall not allow the bettor770 |
|---|
| 841 | 841 | | to engage in sports betting, make a deposit, or process a withdrawal via online sports771 |
|---|
| 842 | 842 | | betting. A licensee shall implement commercially and technologically reasonable772 |
|---|
| 843 | 843 | | procedures to prevent access to sports betting by minors on its online sports betting773 |
|---|
| 844 | 844 | | platforms. A licensee may use information obtained from third parties to verify that an774 |
|---|
| 845 | 845 | | individual is authorized to open an account, place wagers, and make deposits and775 |
|---|
| 846 | 846 | | withdrawals.776 |
|---|
| 847 | 847 | | (b) Each online sports betting services provider licensee shall adopt a registration policy777 |
|---|
| 848 | 848 | | to ensure that all bettors utilizing online sports betting are authorized to place a wager with778 |
|---|
| 849 | 849 | | a licensee within this state. Such policy shall include, without limitation, commercially779 |
|---|
| 850 | 850 | | reasonable mechanisms to:780 |
|---|
| 851 | 851 | | (1) Verify the name and age of the registrant;781 |
|---|
| 852 | 852 | | (2) Verify that the registrant is not knowingly prohibited from placing a wager under782 |
|---|
| 853 | 853 | | Code Section 50-27-162; and783 |
|---|
| 854 | 854 | | (3) Obtain the following information from the registrant:784 |
|---|
| 855 | 855 | | (A) Legal name;785 |
|---|
| 856 | 856 | | (B) Date of birth;786 |
|---|
| 857 | 857 | | (C) Physical address other than a post office box;787 |
|---|
| 858 | 858 | | (D) Phone number;788 |
|---|
| 859 | 859 | | (E) A unique username; and789 |
|---|
| 860 | 860 | | (F) An active email account.790 |
|---|
| 861 | 861 | | S. B. 208 |
|---|
| 862 | 862 | | - 31 - 25 LC 55 0516 |
|---|
| 863 | 863 | | (c) Each online sports betting services provider licensee may in its discretion require a791 |
|---|
| 864 | 864 | | bettor to provide the licensee with a signed and notarized document attesting that the bettor792 |
|---|
| 865 | 865 | | is qualified to engage in sports betting under this article as part of the registration policy793 |
|---|
| 866 | 866 | | of the licensee.794 |
|---|
| 867 | 867 | | (d) A bettor shall not register more than one account with a licensee, and each licensee795 |
|---|
| 868 | 868 | | shall use commercially and technologically reasonable means to ensure that each bettor is796 |
|---|
| 869 | 869 | | limited to one account.797 |
|---|
| 870 | 870 | | (e) Each licensee, in addition to complying with state and federal law pertaining to the798 |
|---|
| 871 | 871 | | protection of the private, personal information of registered bettors, shall use all other799 |
|---|
| 872 | 872 | | commercially and technologically reasonable means to protect such information consistent800 |
|---|
| 873 | 873 | | with industry standards.801 |
|---|
| 874 | 874 | | (f) When a bettor's account is created, a bettor may fund the account through:802 |
|---|
| 875 | 875 | | (1) Electronic bank transfer of funds, including such transfers through third parties;803 |
|---|
| 876 | 876 | | (2) Debit cards;804 |
|---|
| 877 | 877 | | (3) Online and mobile payment systems that support online money transfers; and805 |
|---|
| 878 | 878 | | (4) Any other method approved by the rules and regulations of the corporation.806 |
|---|
| 879 | 879 | | (g)(1) Licensees shall not allow bets to be placed until first verifying the identity of the807 |
|---|
| 880 | 880 | | bettor pursuant to this Code section and by the rules promulgated by the corporation. 808 |
|---|
| 881 | 881 | | Further, and pursuant to the rules promulgated by the corporation, licensees shall809 |
|---|
| 882 | 882 | | establish safeguards, including, but not limited to, access notifications and similar810 |
|---|
| 883 | 883 | | security safeguards, to protect each bettor's account.811 |
|---|
| 884 | 884 | | (2) If a licensee determines that the information provided by a bettor to make a deposit812 |
|---|
| 885 | 885 | | or process a withdrawal is inaccurate or incapable of verification or violates the policies813 |
|---|
| 886 | 886 | | and procedures of the licensee, the licensee shall, within ten days, require the submission814 |
|---|
| 887 | 887 | | of additional information that can be used to verify the identity of such bettor.815 |
|---|
| 888 | 888 | | (3) If such information is not provided or does not result in verification of the bettor's816 |
|---|
| 889 | 889 | | identity, the licensee shall:817 |
|---|
| 890 | 890 | | S. B. 208 |
|---|
| 891 | 891 | | - 32 - 25 LC 55 0516 |
|---|
| 892 | 892 | | (A) Immediately suspend the bettor's account and shall not allow the bettor to place818 |
|---|
| 893 | 893 | | wagers;819 |
|---|
| 894 | 894 | | (B) Retain any winnings attributable to the bettor;820 |
|---|
| 895 | 895 | | (C) Refund the balance of deposits made to the account to the source of such deposit821 |
|---|
| 896 | 896 | | or by issuance of a check; and822 |
|---|
| 897 | 897 | | (D) Suspend the account.823 |
|---|
| 898 | 898 | | (h) A licensee shall utilize geofencing technology to ensure that online sports betting is824 |
|---|
| 899 | 899 | | available only to bettors who are physically located in this state. Servers, including the use825 |
|---|
| 900 | 900 | | of backup servers, may be located outside of this state, consistent with federal law. To the826 |
|---|
| 901 | 901 | | extent required by federal law, a licensee shall maintain in this state the servers it uses to827 |
|---|
| 902 | 902 | | accept wagers on a sporting event placed by bettors located in this state.828 |
|---|
| 903 | 903 | | (i) Each licensee shall clearly and conspicuously display on its public website a statement829 |
|---|
| 904 | 904 | | indicating that it is illegal for a person under 21 years of age to engage in sports betting in830 |
|---|
| 905 | 905 | | this state.831 |
|---|
| 906 | 906 | | (j) The corporation shall promulgate rules and regulations for purposes of regulating sports832 |
|---|
| 907 | 907 | | betting via online sports betting.833 |
|---|
| 908 | 908 | | 50-27-171.834 |
|---|
| 909 | 909 | | (a) Licensees shall allow bettors to limit their betting activity with the licensee by, at a835 |
|---|
| 910 | 910 | | minimum, giving bettors the opportunity to place limits on the amounts deposited, the836 |
|---|
| 911 | 911 | | amounts wagered, and the amount of time spent wagering. Licensees shall take reasonable837 |
|---|
| 912 | 912 | | steps to prevent bettors from overriding their self-imposed responsible gambling limits. 838 |
|---|
| 913 | 913 | | At the request of a bettor, a licensee may share the requested limitations with the839 |
|---|
| 914 | 914 | | corporation for the sole purpose of disseminating the request to other licensees.840 |
|---|
| 915 | 915 | | (b) The corporation shall promulgate rules and regulations that require a licensee to841 |
|---|
| 916 | 916 | | implement responsible sports betting programs that include comprehensive training on842 |
|---|
| 917 | 917 | | S. B. 208 |
|---|
| 918 | 918 | | - 33 - 25 LC 55 0516 |
|---|
| 919 | 919 | | responding to circumstances in which individuals present signs of problem gambling or a843 |
|---|
| 920 | 920 | | betting or gambling disorder.844 |
|---|
| 921 | 921 | | (c) The corporation shall work with national and local organizations to provide services845 |
|---|
| 922 | 922 | | for individuals with problem gambling or a betting or gambling disorder and to establish846 |
|---|
| 923 | 923 | | prevention initiatives to reduce the number of individuals with problem gambling or a847 |
|---|
| 924 | 924 | | betting or gambling disorder, including, but not limited to, utilizing currently established848 |
|---|
| 925 | 925 | | programs for problem gambling or betting or gambling disorders.849 |
|---|
| 926 | 926 | | (d) All sports betting advertisements shall prominently display messaging designed to850 |
|---|
| 927 | 927 | | prevent problem gambling and provide information about how to access resources related851 |
|---|
| 928 | 928 | | to problem gambling, including the National Council on Problem Gambling's helpline or852 |
|---|
| 929 | 929 | | other similar toll-free helpline.853 |
|---|
| 930 | 930 | | (e) The corporation shall annually generate a report outlining activities with respect to854 |
|---|
| 931 | 931 | | problem gambling and betting or gambling disorders, including, but not limited to,855 |
|---|
| 932 | 932 | | descriptions of programs, grants, and other resources made available; the number of856 |
|---|
| 933 | 933 | | individuals seeking assistance; the number of individuals who reported completing857 |
|---|
| 934 | 934 | | programs and therapies; and the rate of recidivism, if known to the corporation. The858 |
|---|
| 935 | 935 | | corporation shall file the annual report with the Governor, the President of the Senate, and859 |
|---|
| 936 | 936 | | the Speaker of the House of Representatives and shall publish such report on its public860 |
|---|
| 937 | 937 | | website no later than January 30 of each year.861 |
|---|
| 938 | 938 | | 50-27-172.862 |
|---|
| 939 | 939 | | (a) Each licensee shall adopt and adhere to a written, comprehensive policy outlining its863 |
|---|
| 940 | 940 | | rules governing the acceptance of wagers and payouts. Such policy and rules must be864 |
|---|
| 941 | 941 | | approved by the corporation prior to the acceptance of a wager by a licensee. Such policy865 |
|---|
| 942 | 942 | | and rules shall be readily available to a bettor on the licensee's public website.866 |
|---|
| 943 | 943 | | (b) The corporation shall promulgate rules and regulations regarding:867 |
|---|
| 944 | 944 | | S. B. 208 |
|---|
| 945 | 945 | | - 34 - 25 LC 55 0516 |
|---|
| 946 | 946 | | (1) The manner in which a licensee accepts wagers from and issues payouts to bettors,868 |
|---|
| 947 | 947 | | including payouts in excess of $10,000.00; and869 |
|---|
| 948 | 948 | | (2) Requirements for reporting suspicious wagers.870 |
|---|
| 949 | 949 | | Part 6871 |
|---|
| 950 | 950 | | 50-27-180.872 |
|---|
| 951 | 951 | | (a) Licensees shall not be required to use official league data or official event data for873 |
|---|
| 952 | 952 | | determining the results of:874 |
|---|
| 953 | 953 | | (1) Tier 1 sports wagers on events of any organization, whether headquartered in the875 |
|---|
| 954 | 954 | | United States or elsewhere; or876 |
|---|
| 955 | 955 | | (2) Tier 2 sports wagers on events of organizations that are not headquartered in the877 |
|---|
| 956 | 956 | | United States.878 |
|---|
| 957 | 957 | | (b)(1) A professional sports governing body or sporting events operator headquartered879 |
|---|
| 958 | 958 | | in the United States may notify the corporation that it desires licensees to use official880 |
|---|
| 959 | 959 | | league data or official event data for determining the results of tier 2 sports wagers on its881 |
|---|
| 960 | 960 | | sporting events. A notification under this subsection shall be made in the form and882 |
|---|
| 961 | 961 | | manner as the corporation shall require. The corporation shall notify each licensee within883 |
|---|
| 962 | 962 | | five days after receipt of such notification from a professional sports governing body or884 |
|---|
| 963 | 963 | | sporting events operator. If a professional sports governing body or sporting events885 |
|---|
| 964 | 964 | | operator does not notify the corporation of its desire to supply official league data or886 |
|---|
| 965 | 965 | | official event data, licensees are not required to use official league data or official event887 |
|---|
| 966 | 966 | | data for determining the results of any tier 2 wagers on sporting events of that888 |
|---|
| 967 | 967 | | professional sports governing body or sporting events operator.889 |
|---|
| 968 | 968 | | (2) Within 60 days after the corporation notifies each licensee as provided under890 |
|---|
| 969 | 969 | | paragraph (1) of this subsection, or within a longer period as may be agreed between such891 |
|---|
| 970 | 970 | | professional sports governing body or sporting events operator and the applicable892 |
|---|
| 971 | 971 | | S. B. 208 |
|---|
| 972 | 972 | | - 35 - 25 LC 55 0516 |
|---|
| 973 | 973 | | licensee, each such licensee shall be required to use only official league data or official893 |
|---|
| 974 | 974 | | event data, as applicable, to determine the results of tier 2 sports wagers on sporting894 |
|---|
| 975 | 975 | | events sanctioned by such professional sports governing body or sporting events operator,895 |
|---|
| 976 | 976 | | except when:896 |
|---|
| 977 | 977 | | (A) The professional sports governing body or sporting events operator, or a designee897 |
|---|
| 978 | 978 | | thereof, is unable to provide a feed of official league data or official event data to898 |
|---|
| 979 | 979 | | determine the results of a particular type of tier 2 sports wager, in which case licensees899 |
|---|
| 980 | 980 | | may use any data source for determining the results of the applicable tier 2 sports wager900 |
|---|
| 981 | 981 | | until the data feed becomes available on commercially reasonable terms and conditions;901 |
|---|
| 982 | 982 | | or902 |
|---|
| 983 | 983 | | (B) A licensee is able to demonstrate to the corporation that the professional sports903 |
|---|
| 984 | 984 | | governing body or sporting events operator, or a designee thereof, will not provide a904 |
|---|
| 985 | 985 | | feed of official league data or official event data to the licensee on commercially905 |
|---|
| 986 | 986 | | reasonable terms and conditions.906 |
|---|
| 987 | 987 | | (3) The following is a nonexclusive list of factors the corporation may consider in907 |
|---|
| 988 | 988 | | evaluating whether official league data or official event data is being offered on908 |
|---|
| 989 | 989 | | commercially reasonable terms and conditions for purposes of subparagraphs (A) and (B)909 |
|---|
| 990 | 990 | | of paragraph (2) of this subsection:910 |
|---|
| 991 | 991 | | (A) The availability of tier 2 official league data of a professional sports governing911 |
|---|
| 992 | 992 | | body or tier 2 official event data of a sporting events operator to a licensee from more912 |
|---|
| 993 | 993 | | than one authorized source;913 |
|---|
| 994 | 994 | | (B) Market information, including, without limitation, price and other terms and914 |
|---|
| 995 | 995 | | conditions, regarding the purchase of comparable data by licensees for the purpose of915 |
|---|
| 996 | 996 | | settling sports wagers, for use in this state or other jurisdictions;916 |
|---|
| 997 | 997 | | (C) The nature and quantity of the official league data or official event data, including,917 |
|---|
| 998 | 998 | | without limitation, its speed, accuracy, reliability, and overall quality as compared to918 |
|---|
| 999 | 999 | | comparable nonofficial data;919 |
|---|
| 1000 | 1000 | | S. B. 208 |
|---|
| 1001 | 1001 | | - 36 - 25 LC 55 0516 |
|---|
| 1002 | 1002 | | (D) The quality and complexity of the process used to collect and distribute the official920 |
|---|
| 1003 | 1003 | | league data or official event data as compared to comparable nonofficial data;921 |
|---|
| 1004 | 1004 | | (E) The extent to which professional sports governing bodies or sporting events922 |
|---|
| 1005 | 1005 | | operators, or designees thereof, have made available to licensees the data used to settle923 |
|---|
| 1006 | 1006 | | the results of tier 2 sports wagers and any terms and conditions relating to the use of924 |
|---|
| 1007 | 1007 | | such data; and925 |
|---|
| 1008 | 1008 | | (F) The extent to which licensees have purchased the same or similar official league926 |
|---|
| 1009 | 1009 | | data or official event data on the same or similar terms, particularly in jurisdictions927 |
|---|
| 1010 | 1010 | | where such purchase was not required by law or was required by law but only if offered928 |
|---|
| 1011 | 1011 | | on commercially reasonable terms.929 |
|---|
| 1012 | 1012 | | (4) Notwithstanding any provision to the contrary in this Code section, including,930 |
|---|
| 1013 | 1013 | | without limitation, paragraph (2) of this subsection, while the corporation is evaluating931 |
|---|
| 1014 | 1014 | | whether a professional sports governing body or a sporting events operator, or the932 |
|---|
| 1015 | 1015 | | designee thereof, will provide a feed of official league data or official event data on933 |
|---|
| 1016 | 1016 | | commercially reasonable terms and conditions pursuant to paragraph (3) of this934 |
|---|
| 1017 | 1017 | | subsection, licensees are not required to use official league data or official event data for935 |
|---|
| 1018 | 1018 | | determining the results of tier 2 sports wagers.936 |
|---|
| 1019 | 1019 | | (5) The corporation shall make a determination under paragraph (3) of this subsection937 |
|---|
| 1020 | 1020 | | within 60 days after the licensee notifies the corporation that it desires to demonstrate that938 |
|---|
| 1021 | 1021 | | the professional sports governing body or sporting events operator, or a designee thereof,939 |
|---|
| 1022 | 1022 | | will not provide a feed of official league data or official event data to such licensee on940 |
|---|
| 1023 | 1023 | | commercially reasonable terms and conditions.941 |
|---|
| 1024 | 1024 | | S. B. 208 |
|---|
| 1025 | 1025 | | - 37 - 25 LC 55 0516 |
|---|
| 1026 | 1026 | | Part 7942 |
|---|
| 1027 | 1027 | | 50-27-190.943 |
|---|
| 1028 | 1028 | | Members of the corporation or designated employees thereof may, during normal business944 |
|---|
| 1029 | 1029 | | hours, enter the premises of any facility of a licensee, or a third party utilized by the945 |
|---|
| 1030 | 1030 | | licensee to operate and conduct business in accordance with this article, for the purpose of946 |
|---|
| 1031 | 1031 | | inspecting books and records kept as required by this article to ensure that the licensee is947 |
|---|
| 1032 | 1032 | | in compliance with this article or to make any other inspection of the premises necessary948 |
|---|
| 1033 | 1033 | | to protect the public interests of this state and its consumers.949 |
|---|
| 1034 | 1034 | | 50-27-191.950 |
|---|
| 1035 | 1035 | | (a) The corporation, licensees, corporation vendors, and vendors shall use commercially951 |
|---|
| 1036 | 1036 | | reasonable efforts to cooperate with investigations conducted by any professional sports952 |
|---|
| 1037 | 1037 | | governing body, any sporting events operator, and law enforcement agencies, including,953 |
|---|
| 1038 | 1038 | | but not limited to, using commercially reasonable efforts to provide or facilitate the954 |
|---|
| 1039 | 1039 | | provision of betting information.955 |
|---|
| 1040 | 1040 | | (b) Licensees shall promptly report to the corporation any information relating to:956 |
|---|
| 1041 | 1041 | | (1) Abnormal betting activity or patterns that may indicate a concern with the integrity957 |
|---|
| 1042 | 1042 | | of a sporting event; and958 |
|---|
| 1043 | 1043 | | (2) Conduct that corrupts the betting outcome of a sporting event for purposes of959 |
|---|
| 1044 | 1044 | | financial gain, including match fixing.960 |
|---|
| 1045 | 1045 | | (c) Licensees shall, as soon as is practicable, report any information relating to conduct961 |
|---|
| 1046 | 1046 | | described in subsection (b) of this Code section to the professional sports governing body962 |
|---|
| 1047 | 1047 | | or sporting events operator.963 |
|---|
| 1048 | 1048 | | (d) Licensees shall use commercially reasonable efforts to maintain, in real time and at the964 |
|---|
| 1049 | 1049 | | account level, anonymized information regarding a bettor; the amount and type of bet; the965 |
|---|
| 1050 | 1050 | | time the bet was placed; the location of the bet, including the internet protocol address if966 |
|---|
| 1051 | 1051 | | S. B. 208 |
|---|
| 1052 | 1052 | | - 38 - 25 LC 55 0516 |
|---|
| 1053 | 1053 | | applicable; the outcome of the bet; and records of abnormal betting activity for three years967 |
|---|
| 1054 | 1054 | | after the sporting event occurs. The corporation may request such information in the form968 |
|---|
| 1055 | 1055 | | and manner required by the rules and regulations of the corporation. As used in this969 |
|---|
| 1056 | 1056 | | subsection, the term 'real time' means on a commercially reasonable periodic interval.970 |
|---|
| 1057 | 1057 | | (e) All records, documents, and information received by the corporation pursuant to this971 |
|---|
| 1058 | 1058 | | Code section shall be considered investigative records of a law enforcement agency, shall972 |
|---|
| 1059 | 1059 | | not be subject to Article 4 of Chapter 18 of this title, and shall not be released under any973 |
|---|
| 1060 | 1060 | | condition without the permission of the person providing such records, documents, or974 |
|---|
| 1061 | 1061 | | information.975 |
|---|
| 1062 | 1062 | | (f) Nothing in this Code section shall require a sports betting licensee to provide any976 |
|---|
| 1063 | 1063 | | information that is prohibited by federal, state, or local laws or rules and regulations,977 |
|---|
| 1064 | 1064 | | including, without limitation, laws and rules and regulations relating to privacy and978 |
|---|
| 1065 | 1065 | | personally identifiable information.979 |
|---|
| 1066 | 1066 | | (g) If a professional sports governing body or sporting events operator has notified the980 |
|---|
| 1067 | 1067 | | corporation that access to the information described in subsection (d) of this Code section981 |
|---|
| 1068 | 1068 | | for wagers placed on its sporting events is necessary to monitor the integrity of its sporting982 |
|---|
| 1069 | 1069 | | events and represents to the corporation that it specifically uses such data for the purpose983 |
|---|
| 1070 | 1070 | | of monitoring the integrity of sporting events of such professional sports governing body984 |
|---|
| 1071 | 1071 | | or sporting events operator, then licensees shall share, in a commercially reasonable985 |
|---|
| 1072 | 1072 | | frequency, form, and manner, with the professional sports governing body or sporting986 |
|---|
| 1073 | 1073 | | events operator, or a designee thereof, the same information the licensee is required to987 |
|---|
| 1074 | 1074 | | maintain under subsection (d) of this Code section with respect to sports wagers on such988 |
|---|
| 1075 | 1075 | | a body's or operator's sporting events. A professional sports governing body or sporting989 |
|---|
| 1076 | 1076 | | events operator, or a designee thereof, shall use information received under this subsection990 |
|---|
| 1077 | 1077 | | for integrity-monitoring purposes only and shall not use such information for commercial991 |
|---|
| 1078 | 1078 | | or any other purposes. Nothing in this subsection shall require a licensee to provide any992 |
|---|
| 1079 | 1079 | | information that is prohibited by federal, state, or local laws, rules, or regulations,993 |
|---|
| 1080 | 1080 | | S. B. 208 |
|---|
| 1081 | 1081 | | - 39 - 25 LC 55 0516 |
|---|
| 1082 | 1082 | | including, but not limited to, laws, rules, or regulations relating to privacy and personally994 |
|---|
| 1083 | 1083 | | identifiable information.995 |
|---|
| 1084 | 1084 | | 50-27-192.996 |
|---|
| 1085 | 1085 | | The corporation shall assist in any investigations by law enforcement to determine whether:997 |
|---|
| 1086 | 1086 | | (1) A licensee is accepting wagers from minors or other persons ineligible to place998 |
|---|
| 1087 | 1087 | | wagers under Code Section 50-27-162; and999 |
|---|
| 1088 | 1088 | | (2) An individual is unlawfully accepting wagers from another individual without a1000 |
|---|
| 1089 | 1089 | | license or at a location in violation of this article.1001 |
|---|
| 1090 | 1090 | | 50-27-193.1002 |
|---|
| 1091 | 1091 | | (a) The corporation may investigate and conduct a hearing with respect to a licensee upon1003 |
|---|
| 1092 | 1092 | | information and belief that the licensee has violated the provisions of this article or upon1004 |
|---|
| 1093 | 1093 | | the receipt of a credible complaint from any person that a licensee has violated the1005 |
|---|
| 1094 | 1094 | | provisions of this article. The corporation shall conduct investigations and hearings in1006 |
|---|
| 1095 | 1095 | | accordance with rules and regulations adopted by the corporation.1007 |
|---|
| 1096 | 1096 | | (b) If the corporation determines that a licensee has violated any provision of this article1008 |
|---|
| 1097 | 1097 | | or any rules and regulations of the corporation, the corporation may suspend, revoke, or1009 |
|---|
| 1098 | 1098 | | refuse to renew a license; impose an administrative fine not to exceed $25,000.00 per1010 |
|---|
| 1099 | 1099 | | violation; or both.1011 |
|---|
| 1100 | 1100 | | (c) The corporation shall promulgate rules and regulations establishing a schedule of1012 |
|---|
| 1101 | 1101 | | administrative fines that may be assessed in accordance with subsection (b) of this Code1013 |
|---|
| 1102 | 1102 | | section for each violation of this article; provided, however, if the corporation finds that:1014 |
|---|
| 1103 | 1103 | | (1) A licensee is accepting wagers from minors or other persons ineligible to place1015 |
|---|
| 1104 | 1104 | | wagers in this state, the corporation shall impose a fine against the licensee as follows:1016 |
|---|
| 1105 | 1105 | | (A) For a first offense, $1,000.00;1017 |
|---|
| 1106 | 1106 | | (B) For a second offense, $2,000.00; and1018 |
|---|
| 1107 | 1107 | | S. B. 208 |
|---|
| 1108 | 1108 | | - 40 - 25 LC 55 0516 |
|---|
| 1109 | 1109 | | (C) For a third or subsequent offense, $5,000.00; or1019 |
|---|
| 1110 | 1110 | | (2) An individual is unlawfully accepting wagers from another individual without a1020 |
|---|
| 1111 | 1111 | | license, the corporation shall impose a fine against the individual as follows:1021 |
|---|
| 1112 | 1112 | | (A) For a first offense, $10,000.00;1022 |
|---|
| 1113 | 1113 | | (B) For a second offense, $15,000.00; and1023 |
|---|
| 1114 | 1114 | | (C) For a third or subsequent offense, $25,000.00.1024 |
|---|
| 1115 | 1115 | | (d) The corporation may refer conduct that it reasonably believes is a violation of Article 21025 |
|---|
| 1116 | 1116 | | of Chapter 12 of Title 16 to the appropriate law enforcement agency.1026 |
|---|
| 1117 | 1117 | | 50-27-194.1027 |
|---|
| 1118 | 1118 | | (a) Any person that violates any provision of this article shall be liable for a civil penalty1028 |
|---|
| 1119 | 1119 | | of not more than $5,000.00 per violation, not to exceed $50,000.00 for violations arising1029 |
|---|
| 1120 | 1120 | | out of the same transaction or occurrence, which shall accrue to the corporation and may1030 |
|---|
| 1121 | 1121 | | be recovered in a civil action brought by or on behalf of the corporation.1031 |
|---|
| 1122 | 1122 | | (b) The corporation may seek and obtain an injunction in a court of competent jurisdiction1032 |
|---|
| 1123 | 1123 | | for purposes of enforcing this article.1033 |
|---|
| 1124 | 1124 | | (c) Costs shall not be taxed against the corporation or this state for actions brought under1034 |
|---|
| 1125 | 1125 | | this article.1035 |
|---|
| 1126 | 1126 | | 50-27-195.1036 |
|---|
| 1127 | 1127 | | (a) Fines assessed under this article shall be accounted for separately for use by the1037 |
|---|
| 1128 | 1128 | | corporation in a manner consistent with the rules and regulations of the corporation.1038 |
|---|
| 1129 | 1129 | | (b) The corporation may issue subpoenas to compel the attendance of witnesses and the1039 |
|---|
| 1130 | 1130 | | production of relevant books, accounts, records, and documents for purposes of carrying1040 |
|---|
| 1131 | 1131 | | out its duties under this article.1041 |
|---|
| 1132 | 1132 | | S. B. 208 |
|---|
| 1133 | 1133 | | - 41 - 25 LC 55 0516 |
|---|
| 1134 | 1134 | | 50-27-196.1042 |
|---|
| 1135 | 1135 | | (a) A licensee or other individual aggrieved by a final decision or action of the corporation1043 |
|---|
| 1136 | 1136 | | may appeal such decision or action to the Superior Court of Fulton County.1044 |
|---|
| 1137 | 1137 | | (b) The Superior Court of Fulton County shall hear appeals from decisions or actions of1045 |
|---|
| 1138 | 1138 | | the corporation and, based upon the record of the proceedings before the corporation, may1046 |
|---|
| 1139 | 1139 | | reverse the decision or action of the corporation only if the appellant proves the decision1047 |
|---|
| 1140 | 1140 | | or action to be:1048 |
|---|
| 1141 | 1141 | | (1) Clearly erroneous;1049 |
|---|
| 1142 | 1142 | | (2) Arbitrary and capricious;1050 |
|---|
| 1143 | 1143 | | (3) Procured by fraud;1051 |
|---|
| 1144 | 1144 | | (4) A result of substantial misconduct by the corporation; or1052 |
|---|
| 1145 | 1145 | | (5) Contrary to the United States Constitution, the Constitution of Georgia, or this article.1053 |
|---|
| 1146 | 1146 | | (c) The Superior Court of Fulton County may remand an appeal to the corporation to1054 |
|---|
| 1147 | 1147 | | conduct further hearings.1055 |
|---|
| 1148 | 1148 | | 50-27-197.1056 |
|---|
| 1149 | 1149 | | (a) It shall be unlawful for any person, directly or indirectly, to knowingly receive, supply,1057 |
|---|
| 1150 | 1150 | | broadcast, display, or otherwise transmit material nonpublic information for the purpose1058 |
|---|
| 1151 | 1151 | | of betting on a sporting event or influencing another individual's or entity's wager on a1059 |
|---|
| 1152 | 1152 | | sporting event.1060 |
|---|
| 1153 | 1153 | | (b) This Code section shall not apply to the dissemination of public information as news,1061 |
|---|
| 1154 | 1154 | | entertainment, or advertising.1062 |
|---|
| 1155 | 1155 | | (c) Any person in violation of this Code section shall be indefinitely prohibited from1063 |
|---|
| 1156 | 1156 | | placing a wager, be required to forfeit the proceeds of any illegal wager, and be guilty of1064 |
|---|
| 1157 | 1157 | | a misdemeanor."1065 |
|---|
| 1158 | 1158 | | S. B. 208 |
|---|
| 1159 | 1159 | | - 42 - 25 LC 55 0516 |
|---|
| 1160 | 1160 | | PART III |
|---|
| 1161 | 1161 | | 1066 |
|---|
| 1162 | 1162 | | SECTION 3-1.1067 |
|---|
| 1163 | 1163 | | Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated,1068 |
|---|
| 1164 | 1164 | | relating to gambling, is amended by revising paragraphs (1) and (2) of Code Section1069 |
|---|
| 1165 | 1165 | | 16-12-20, relating to definitions, as follows:1070 |
|---|
| 1166 | 1166 | | "(1) 'Bet' means an agreement that, dependent upon chance even though accompanied1071 |
|---|
| 1167 | 1167 | | by some skill, one stands to win or lose something of value. A bet does not include:1072 |
|---|
| 1168 | 1168 | | (A) Contracts of indemnity or guaranty or life, health, property, or accident insurance;1073 |
|---|
| 1169 | 1169 | | or |
|---|
| 1170 | 1170 | | 1074 |
|---|
| 1171 | 1171 | | (B) An offer of a prize, award, or compensation to the actual contestants in any bona1075 |
|---|
| 1172 | 1172 | | fide contest for the determination of skill, speed, strength, or endurance or to the owners1076 |
|---|
| 1173 | 1173 | | of animals, vehicles, watercraft, or aircraft entered in such contest; or1077 |
|---|
| 1174 | 1174 | | (C) Money paid in compliance with Chapter 27 of Title 50.1078 |
|---|
| 1175 | 1175 | | (2) 'Gambling device' means:1079 |
|---|
| 1176 | 1176 | | (A) Any contrivance which for a consideration affords the player an opportunity to1080 |
|---|
| 1177 | 1177 | | obtain money or other thing of value, the award of which is determined by chance even1081 |
|---|
| 1178 | 1178 | | though accompanied by some skill, whether or not the prize is automatically paid by1082 |
|---|
| 1179 | 1179 | | contrivance;1083 |
|---|
| 1180 | 1180 | | (B) Any slot machine or any simulation or variation thereof;1084 |
|---|
| 1181 | 1181 | | (C) Any matchup or lineup game machine or device, operated for any consideration,1085 |
|---|
| 1182 | 1182 | | in which two or more numerals, symbols, letters, or icons align in a winning1086 |
|---|
| 1183 | 1183 | | combination on one or more lines vertically, horizontally, diagonally, or otherwise,1087 |
|---|
| 1184 | 1184 | | without assistance by the player. Use of skill stops shall not be considered assistance1088 |
|---|
| 1185 | 1185 | | by the player; or1089 |
|---|
| 1186 | 1186 | | (D) Any video game machine or device, operated for any consideration, for the play1090 |
|---|
| 1187 | 1187 | | of poker, blackjack, any other card game, or keno or any simulation or variation of any1091 |
|---|
| 1188 | 1188 | | S. B. 208 |
|---|
| 1189 | 1189 | | - 43 - 25 LC 55 0516 |
|---|
| 1190 | 1190 | | of the foregoing, including, but not limited to, any game in which numerals, numbers, |
|---|
| 1191 | 1191 | | 1092 |
|---|
| 1192 | 1192 | | or any pictures, representations, or symbols are used as an equivalent or substitute for1093 |
|---|
| 1193 | 1193 | | cards in the conduct of such game.1094 |
|---|
| 1194 | 1194 | | Any item described in subparagraph (B), (C), or (D) of |
|---|
| 1195 | 1195 | | this paragraph that is not1095 |
|---|
| 1196 | 1196 | | authorized by Chapter 27 of Title 50, or exempted by this part, shall be a prohibited1096 |
|---|
| 1197 | 1197 | | gambling device subject to and prohibited by this part, notwithstanding any inference to1097 |
|---|
| 1198 | 1198 | | the contrary in any other law of this state."1098 |
|---|
| 1199 | 1199 | | SECTION 3-2.1099 |
|---|
| 1200 | 1200 | | Said part is further amended by revising Code Section 16-12-27, relating to advertisement1100 |
|---|
| 1201 | 1201 | | or solicitation for participation in lotteries, as follows:1101 |
|---|
| 1202 | 1202 | | "16-12-27.1102 |
|---|
| 1203 | 1203 | | (a) It shall be unlawful for any person, partnership, firm, corporation, or other entity to1103 |
|---|
| 1204 | 1204 | | sell, distribute, televise, broadcast, or disseminate any advertisement, television or radio1104 |
|---|
| 1205 | 1205 | | commercial, or any book, magazine, periodical, newspaper, or other written or printed1105 |
|---|
| 1206 | 1206 | | matter containing an advertisement or solicitation for participation in any lottery declared1106 |
|---|
| 1207 | 1207 | | to be unlawful by the laws of this state unless such advertisement, commercial, or1107 |
|---|
| 1208 | 1208 | | solicitation contains or includes the words 'void in Georgia' printed or spoken so as to be1108 |
|---|
| 1209 | 1209 | | clearly legible or audible to persons viewing or hearing such advertisement, commercial,1109 |
|---|
| 1210 | 1210 | | or solicitation.1110 |
|---|
| 1211 | 1211 | | (b) Any person, partnership, firm, corporation, or other entity violating subsection (a) of1111 |
|---|
| 1212 | 1212 | | this Code section shall be guilty of a misdemeanor.1112 |
|---|
| 1213 | 1213 | | (c) This Code section shall not apply to any advertisement or solicitation for participation1113 |
|---|
| 1214 | 1214 | | in a lottery game of online sports betting by any person licensed under Article 4 of Chapter1114 |
|---|
| 1215 | 1215 | | 27 of Title 50 that concerns such licensee's lawful activities."1115 |
|---|
| 1216 | 1216 | | S. B. 208 |
|---|
| 1217 | 1217 | | - 44 - 25 LC 55 0516 |
|---|
| 1218 | 1218 | | SECTION 3-3. |
|---|
| 1219 | 1219 | | 1116 |
|---|
| 1220 | 1220 | | Said part is further amended by revising Code Section 16-12-28, relating to communicating1117 |
|---|
| 1221 | 1221 | | gambling information, as follows:1118 |
|---|
| 1222 | 1222 | | "16-12-28.1119 |
|---|
| 1223 | 1223 | | (a) A person who knowingly communicates information as to bets, betting odds, or1120 |
|---|
| 1224 | 1224 | | changes in betting odds or who knowingly installs or maintains equipment for the1121 |
|---|
| 1225 | 1225 | | transmission or receipt of such information with the intent to further gambling commits the1122 |
|---|
| 1226 | 1226 | | offense of communicating gambling information.1123 |
|---|
| 1227 | 1227 | | (b) A person who commits the offense of communicating gambling information, upon1124 |
|---|
| 1228 | 1228 | | conviction thereof, shall be punished by imprisonment for not less than one nor more than1125 |
|---|
| 1229 | 1229 | | five years or by a fine not to exceed $5,000.00, or both.1126 |
|---|
| 1230 | 1230 | | (c) This Code section shall not apply to the activities authorized under Article 4 of Chapter |
|---|
| 1231 | 1231 | | 1127 |
|---|
| 1232 | 1232 | | 27 of Title 50."1128 |
|---|
| 1233 | 1233 | | PART IV1129 |
|---|
| 1234 | 1234 | | SECTION 4-1.1130 |
|---|
| 1235 | 1235 | | Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is1131 |
|---|
| 1236 | 1236 | | amended by revising paragraph (55) of Code Section 48-8-3, relating to exemptions from1132 |
|---|
| 1237 | 1237 | | state sales and use tax, as follows:1133 |
|---|
| 1238 | 1238 | | "(55) The sale of lottery tickets authorized by Chapter 27 of Title 50 or wagers1134 |
|---|
| 1239 | 1239 | | authorized by Article 4 of Chapter 27 of Title 50;"1135 |
|---|
| 1240 | 1240 | | S. B. 208 |
|---|
| 1241 | 1241 | | - 45 - 25 LC 55 0516 |
|---|
| 1242 | 1242 | | PART V |
|---|
| 1243 | 1243 | | 1136 |
|---|
| 1244 | 1244 | | SECTION 5-1.1137 |
|---|
| 1245 | 1245 | | This Act shall become effective upon its approval by the Governor or upon its becoming law1138 |
|---|
| 1246 | 1246 | | without such approval.1139 |
|---|
| 1247 | 1247 | | SECTION 5-2.1140 |
|---|
| 1248 | 1248 | | All laws and parts of laws in conflict with this Act are repealed.1141 |
|---|
| 1249 | 1249 | | S. B. 208 |
|---|
| 1250 | 1250 | | - 46 - |
|---|