Maryland 2022 Regular Session

Maryland House Bill HB1315 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb1315
6	6
7	7	HOUSE BILL 1315
8	8	C7 2lr3248
9	9	CF SB 796
10	10	By: Delegate Ebersole
11	11	Introduced and read first time: February 11, 2022
12	12	Assigned to: Ways and Means
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Instant Ticket Lottery Machines – Veterans’ Organizations – Repeal of the 2
19	19	Pre–Printed Ticket Requirement 3
20	20
21	21	FOR the purpose of altering a requirement that the State Lottery and Gaming Control 4
22	22	Agency ensure that certain instant ticket lottery machines operate in a certain 5
23	23	manner; and generally relating to instant ticket lottery machines. 6
24	24
25	25	BY repealing and reenacting, with amendments, 7
26	26	Article – State Government 8
27	27	Section 9–112 9
28	28	Annotated Code of Maryland 10
29	29	(2021 Replacement Volume) 11
30	30
31	31	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
32	32	That the Laws of Maryland read as follows: 13
33	33
34	34	Article – State Government 14
35	35
36	36	9–112. 15
37	37
38	38	(a) In this section, “veterans’ organization” means an organization that is tax 16
39	39	exempt and organized as a veterans’ organization under § 501(c)(19) or § 501(c)(4) of the 17
40	40	Internal Revenue Code. 18
41	41
42	42	(b) Except as provided in subsection (d) of this section, in accordance with the 19
43	43	regulations of the Agency and this subtitle, the Director shall issue licenses to the persons 20
44	44	and governmental units that will best serve the public convenience and promote the sale of 21
45	45	State lottery tickets or shares. 22
46	46
47	47	(c) Before issuing a license to an applicant, the Director shall consider such 23
48	48	factors as: 24 2 HOUSE BILL 1315
49	49
50	50
51	51
52	52	(1) the financial responsibility and security of the applicant and the 1
53	53	business or activity of the applicant; 2
54	54
55	55	(2) the accessibility of the place of business or activity to the public; 3
56	56
57	57	(3) the sufficiency of existing licenses to serve the public convenience; and 4
58	58
59	59	(4) the volume of expected sales. 5
60	60
61	61	(d) (1) This subsection does not apply in: 6
62	62
63	63	(i) Caroline County; 7
64	64
65	65	(ii) Cecil County; 8
66	66
67	67	(iii) Dorchester County; 9
68	68
69	69	(iv) Kent County; 10
70	70
71	71	(v) Queen Anne’s County; 11
72	72
73	73	(vi) Somerset County; 12
74	74
75	75	(vii) Talbot County; 13
76	76
77	77	(viii) Wicomico County; and 14
78	78
79	79	(ix) Worcester County. 15
80	80
81	81	(2) (i) Subject to subparagraph (ii) of this paragraph, the Director may 16
82	82	issue a license under this subtitle for not more than five instant ticket lottery machines to 17
83	83	an applicant that is a veterans’ organization. 18
84	84
85	85	(ii) A veterans’ organization that is issued a license under this 19
86	86	subsection shall locate and operate its instant ticket lottery machines at its principal 20
87	87	meeting hall in the county in which the veterans’ organization is located. 21
88	88
89	89	(3) After deduction of any commission and validation prize payout as 22
90	90	provided under § 9–117 of this subtitle, a veterans’ organization issued a license under this 23
91	91	subsection shall credit the remaining receipts from the sale of tickets from instant ticket 24
92	92	lottery machines to the State Lottery Fund established under § 9–118 of this subtitle. 25
93	93
94	94	(4) (i) Subject to subparagraph (ii) of this paragraph, a veterans’ 26
95	95	organization issued a license under this subsection shall purchase or lease the instant 27
96	96	ticket lottery machines to be used by the veterans’ organization. 28
97	97	HOUSE BILL 1315 3
98	98
99	99
100	100	(ii) An organization may not use receipts from the sale of tickets 1
101	101	from instant ticket lottery machines that would otherwise be credited to the State Lottery 2
102	102	Fund for the costs of purchasing or leasing instant ticket lottery machines. 3
103	103
104	104	(5) The Director may adopt regulations to implement the provisions of this 4
105	105	subsection that include restricting the location of instant ticket lottery machines in areas 5
106	106	of a veterans’ organization’s public meeting hall that is accessible to the public. 6
107	107
108	108	[(6) The Agency shall ensure that the element of chance in the conduct of 7
109	109	the gaming through the instant ticket lottery machines established under this subsection 8
110	110	is consistent with the holding in the case of Chesapeake Amusements Inc. v. Riddle, 363 9
111	111	Md. 16 (2001), in that the element of chance must be wholly within the pre–printed instant 10
112	112	lottery ticket, and that player enhancements in an instant ticket lottery machine may not 11
113	113	affect the element of chance being wholly within the pre–printed instant lottery ticket.] 12
114	114
115	115	(6) THE AGENCY SHALL ENSURE T HAT THE INSTANT TICK ET 13
116	116	LOTTERY MACHINES AUT HORIZED UNDER THIS S UBSECTION OPERATE IN THE SAME 14
117	117	MANNER AS THE ELECTR ONIC INSTANT BINGO M ACHINES ALLOWED UNDE R § 12–308 15
118	118	OF THE CRIMINAL LAW ARTICLE. 16
119	119
120	120	(e) The Director may not issue a license to: 17
121	121
122	122	(1) a person or governmental unit to engage in business primarily as a 18
123	123	licensed agent; or 19
124	124
125	125	(2) an individual who is under the age of 21 years. 20
126	126
127	127	(f) The Commission may hear and decide an appeal of a denial of a license. 21
128	128
129	129	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 22
130	130	1, 2022. 23
131	131