EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. Underlining indicates amendments to bill. Strike out indicates matter stricken from the bill by amendment or deleted from the law by amendment. *sb0621* SENATE BILL 621 C7 3lr1930 CF 3lr3106 By: Senators Zucker and Hettleman Introduced and read first time: February 6, 2023 Assigned to: Budget and Taxation Committee Report: Favorable with amendments Senate action: Adopted Read second time: March 12, 2023 CHAPTER ______ AN ACT concerning 1 Gaming – Sports Wagering – Independent Evaluation of Sports Wagering 2 Content and Sports Wagering Facility Application Amendments 3 FOR the purpose of requiring the Maryland Lottery and Gaming Control Commission to 4 identify and accredit license certain independent evaluators to evaluate and rate 5 certain sports wagering content provided by certain sports wagering experts, sports 6 wagering influencers, and content partners; requiring the Commission to establish 7 standards of practice governing sports wagering content; requiring authorizing 8 certain sports wagering licensees and sports wagering operators to contract with 9 certain independent evaluators for certain purposes under certain circumstances; 10 authorizing the Maryland Lottery and Gaming Control Commission and the Sports 11 Wagering Application Review Commission to consider certain requests for certain 12 application amendments received on or before a certain date; and generally relating 13 to sports wagering and the evaluation of sports wagering content. 14 BY adding to 15 Article – State Government 16 Section 9–1E–17 17 Annotated Code of Maryland 18 (2021 Replacement Volume and 2022 Supplement) 19 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20 That the Laws of Maryland read as follows: 21 Article – State Government 22 2 SENATE BILL 621 9–1E–17. 1 (A) (1) IN THIS SECTION THE FOLLOWIN G WORDS HAVE THE MEA NINGS 2 INDICATED. 3 (2) “CONTENT PARTNER ” MEANS AN INDIVIDUAL WHO OR A 4 PLATFORM THAT CREATE S SPORTS WAGERING CO NTENT FOR A SPORTS W AGERING 5 LICENSEE THROUGH CON TRACTED WORK , AFFILIATION, OR OTHER PARTNERSHIP . 6 (3) “SPORTS WAGERING CONTE NT” MEANS PREDICTIONS OF 7 SPORTING EVENT OUTCO MES, INCLUDING MONEYLINES , AGAINST THE SPREAD , 8 TOTALS, FUTURES, PARLAYS, AND OTHER OUTCOMES , WHETHER PROVIDED AT NO 9 COST OR THROUGH A SU BSCRIPTION OR OTHER PARTNERSHIP . 10 (4) “SPORTS WAGER ING EXPERT ” OR “SPORTS WAGERING 11 INFLUENCER ” MEANS A PERSON WHO C REATES SPORTS WAGERI NG CONTENT FOR A 12 SPORTS WAGERING LICE NSEE, A CONTENT PARTNER , OR THE PERSON ’S OWN 13 BENEFIT. 14 (B) (1) ON OR BEFORE DECEMBER 31, 2023, THE COMMISSION SHALL 15 IDENTIFY AND ACCRE DIT LICENSE INDEPENDENT EVALUATO RS TO EVALUATE AND 16 RATE SPORTS WAGERING CONTENT PROVIDED BY SPORTS WAGERING EXPE RTS, 17 SPORTS WAGERING INFL UENCERS, AND CONTENT PARTNERS . 18 (2) IN ORDER TO BE ACCREDITED LICENSED UNDER PARAGRAPH (1) 19 OF THIS SUBSECTION , AN INDEPENDENT EVALUATO R: 20 (I) SHALL HAVE DEMONSTRA TED EXPERIENCE AND E XPERTISE 21 IN EVALUATING AND RA TING SPORTS WAGERING CONTENT; 22 (II) SHALL HAVE AN AUDIT PROCESS CONSTRUCTED AND 23 MAINTAINED BY IN –HOUSE, LICENSED CERTIFIED P UBLIC ACCOUNTANTS ; 24 (III) SHALL HAVE EVALUATIO N AND RATING PROCEDU RES THAT 25 ARE UNABLE TO BE ADJ USTED, DUPLICATED, OR ALTERED BY THE PE RSONS 26 SUBJECT TO EVALUATIO N; 27 (IV) MAY NOT HAVE AN OFFI CIAL RELATIONSHIP WI TH A SPORTS 28 WAGERING LICENSEE OR SPORTS WAGERING OPER ATOR; 29 (V) MAY NOT HAVE ANY DIREC T OR INDIRECT FINANC IAL 30 INTEREST, OWNERSHIP, OR MANAGEMENT , INCLUDING HOLDING AN Y STOCKS, 31 SENATE BILL 621 3 BONDS, OR OTHER SIMILAR FIN ANCIAL INTERESTS IN ANY SPORTS WAGERING 1 ACTIVITIES; 2 (VI) MAY NOT RECEIVE OR S HARE IN, DIRECTLY OR INDIRECT LY, 3 THE RECEIPTS OR PROCEEDS OF ANY SPORTS WAGERI NG ACTIVITIES; AND 4 (VII) MAY NOT HAVE ANY REV ENUE–SHARING RELATIONSHIP 5 WITH OR OTHER FINANC IAL INTEREST IN A SPORTS WAGERING LICENS EE OR SPORTS 6 WAGERING OPERATOR . 7 (3) AN INDEPENDENT EVALUA TOR MAY BE COMPENSATED BY A 8 SPORTS WAGERING LICE NSEE OR SPORTS WAGER ING OPERATOR THAT UT ILIZES 9 THE INDEPENDENT EVAL UATOR’S EVALUATIONS IN ITS MARKETING MATERIALS . 10 (4) THE COMMISSION MAY ESTABL ISH ADDITIONAL QUALI FICATIONS 11 FOR THE ACCREDITATION LICENSING OF INDEPEN DENT EVALUATORS IN 12 ACCORDANCE WITH THIS SUBSECTION. 13 (C) THE COMMISSION SHALL ESTA BLISH STANDARDS OF P RACTICE 14 GOVERNING SPORTS WAG ERING CONTENT . 15 (D) ON OR BEFORE APRIL 1, 2024, A A SPORTS WAGERING LICE NSEE OR 16 SPORTS WAGERING OPER ATOR THAT ADVERTISES IN THE STATE SHALL MAY 17 CONTRACT WITH AN IND EPENDENT EVALUATOR ACCREDITED LICENSED UNDER 18 SUBSECTION (B) OF THIS SECTION TO E VALUATE AND RATE THE SPORTS WAGERING 19 LICENSEE’S SPORTS WAGERING CONTENT, SPORTS WAGERING EXPE RTS, SPORTS 20 WAGERING INFLUENCERS , AND CONTENT PARTNERS . 21 SECTION 2. AND BE IT FURTHER ENACTED, That the State Lottery and Gaming 22 Control Commission and the Sports Wagering Application Review Commission may 23 consider a request to amend a Class B–2 sports wagering facility license application for the 24 purpose of altering the proposed location of the sports wagering facility if: 25 (1) a sports wagering facility license was awarded to the applicant on or 26 before February 15, 2023; and 27 (2) a written request to amend the application is received by the State 28 Lottery and Gaming Control Commission and the State Wagering Application Review 29 Commission on or before December 31, 2023. 30 SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 31 July 1, 2023. 32