MD
Maryland Senate Bill SB621

Maryland 2023 Regular Session

Maryland Senate Bill SB621 Compare Versions

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1- WES MOORE, Governor Ch. 638
21
3-– 1 –
4-Chapter 638
5-(Senate Bill 621)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ Italics indicate opposite chamber/conference committee amendments.
9+ *sb0621*
810
9-Gaming – Sports Wagering – Independent Evaluation of Sports Wagering
10-Content and Sports Wagering Facility Application Amendments
11+SENATE BILL 621
12+C7 (3lr1930)
13+ENROLLED BILL
14+— Budget and Taxation/Ways and Means —
15+Introduced by Senators Zucker and Hettleman
1116
12-FOR the purpose of requiring the Maryland Lottery and Gaming Control Commission to
13-identify and accredit license certain independent evaluators to evaluate and rate
14-certain sports wagering content provided by certain sports wagering experts, sports
15-wagering influencers, and content partners; requiring the Commission to establish
16-standards of practice governing sports wagering content; requiring authorizing
17-certain sports wagering licensees and sports wagering operators to contract with
18-certain independent evaluators for certain purposes under certain circumstances;
19-authorizing the Maryland Lottery and Gaming Control Commission and the Sports
20-Wagering Application Review Commission to consider certain requests for certain
21-application amendments received on or before a certain date; and generally relating
22-to sports wagering and the evaluation of sports wagering content.
17+Read and Examined by Proofreaders:
2318
24-BY adding to
25- Article – State Government
26-Section 9–1E–17
27- Annotated Code of Maryland
28- (2021 Replacement Volume and 2022 Supplement)
19+_______________________________________________
20+Proofreader.
21+_______________________________________________
22+Proofreader.
2923
30- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
31-That the Laws of Maryland read as follows:
24+Sealed with the Great Seal and presented to the Governor, for his approval this
3225
33-Article – State Government
26+_______ day of _______________ at ________________ ________ o’clock, ________M.
3427
35-9–1E–17.
28+______________________________________________
29+President.
3630
37- (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
38-INDICATED.
31+CHAPTER ______
3932
40- (2) “CONTENT PARTNER ” MEANS AN INDIVIDUAL WHO OR A
41-PLATFORM THAT CREATE S SPORTS WAGERING CO NTENT FOR A SPORTS W AGERING
42-LICENSEE THROUGH CON TRACTED WORK, AFFILIATION, OR OTHER PARTNERSHIP .
33+AN ACT concerning 1
4334
44- (3) “SPORTS WAGERING CONTE NT” MEANS PREDICTIONS OF
45-SPORTING EVENT OUTCO MES, INCLUDING MONEYLINES , AGAINST THE SPREAD ,
46-TOTALS, FUTURES, PARLAYS, AND OTHER OUTCOMES , WHETHER PROVIDED AT NO
47-COST OR THROUGH A SU BSCRIPTION OR OTHER PARTN ERSHIP.
48- Ch. 638 2023 LAWS OF MARYLAND
35+Gaming – Sports Wagering – Independent Evaluation of Sports Wagering 2
36+Content and Sports Wagering Facility Application Amendments 3
4937
50-– 2 –
51- (4) “SPORTS WAGERING EXPER T” OR “SPORTS WAGERING
52-INFLUENCER ” MEANS A PERSON WHO C REATES SPORTS WAGERI NG CONTENT FOR A
53-SPORTS WAGERING LICE NSEE, A CONTENT PARTNER , OR THE PERSON ’S OWN
54-BENEFIT.
38+FOR the purpose of requiring the Maryland Lottery and Gaming Control Commission to 4
39+identify and accredit license certain independent evaluators to evaluate and rate 5
40+certain sports wagering content provided by certain sports wagering experts, sports 6
41+wagering influencers, and content partners; requiring the Commission to establish 7
42+standards of practice governing sports wagering content; requiring authorizing 8
43+certain sports wagering licensees and sports wagering operators to contract with 9
44+certain independent evaluators for certain purposes under certain circumstances; 10
45+authorizing the Maryland Lottery and Gaming Control Commission and the Sports 11
46+Wagering Application Review Commission to consider certain requests for certain 12
47+application amendments received on or before a certain date; and generally relating 13
48+to sports wagering and the evaluation of sports wagering content. 14
49+ 2 SENATE BILL 621
5550
56- (B) (1) ON OR BEFORE DECEMBER 31, 2023, THE THE COMMISSION
57-SHALL IDENTIFY AND ACCREDI T LICENSE INDEPENDENT EVALUATO RS TO
58-EVALUATE AND RATE SP ORTS WAGERING CONTEN T PROVIDED BY SPORTS
59-WAGERING EXPERTS , SPORTS WAGERING INFL UENCERS, AND CONTENT PARTNERS .
6051
61- (2) IN ORDER TO BE ACCREDITED LICENSED UNDER PARAGRAPH (1)
62-OF THIS SUBSECTION , AN INDEPENDENT EVALU ATOR:
52+BY adding to 1
53+ Article – State Government 2
54+Section 9–1E–17 3
55+ Annotated Code of Maryland 4
56+ (2021 Replacement Volume and 2022 Supplement) 5
6357
64- (I) SHALL HAVE DEMONSTRA TED EXPERIENCE AND E XPERTISE
65-IN EVALUATING AND RA TING SPORTS WAGERING CONTENT;
58+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
59+That the Laws of Maryland read as follows: 7
6660
67- (II) SHALL HAVE AN AUDIT PROCESS CONSTRUCTED AND
68-MAINTAINED BY IN –HOUSE, LICENSED CERTIFIED P UBLIC ACCOUNTANTS ;
61+Article – State Government 8
6962
70- (III) SHALL HAVE EVALUATIO N AND RATING PROCEDU RES THAT
71-ARE UNABLE TO BE ADJ USTED, DUPLICATED, OR ALTERED BY THE PE RSONS
72-SUBJECT TO EVALUATIO N;
63+9–1E–17. 9
7364
74- (IV) MAY NOT HAVE AN OFFI CIAL RELATIONSHIP WI TH A SPORTS
75-WAGERING LICENSEE OR SPORTS WAGERING OPER ATOR;
65+ (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 10
66+INDICATED. 11
7667
77- (V) (IV) MAY NOT HAVE ANY DIR ECT OR INDIRECT FINA NCIAL
78-INTEREST, OWNERSHIP, OR MANAGEMENT , INCLUDING HOLDING AN Y STOCKS,
79-BONDS, OR OTHER SIMILAR FINANCIAL INTERESTS IN ANY SPORTS WAGERI NG
80-ACTIVITIES;
68+ (2) “CONTENT PARTNER ” MEANS AN INDIVIDUAL WHO OR A 12
69+PLATFORM THAT CREATE S SPORTS WAGERING CO NTENT FOR A SPORTS W AGERING 13
70+LICENSEE THROUGH CON TRACTED WORK , AFFILIATION, OR OTHER PARTNERSHIP . 14
8171
82- (VI) (V) MAY NOT RECEIVE OR S HARE IN, DIRECTLY OR
83-INDIRECTLY, THE RECEIPTS OR PROC EEDS OF ANY SPORTS W AGERING ACTIVITIES ;
84-AND
72+ (3) “SPORTS WAGERING CONTE NT” MEANS PREDICTIONS OF 15
73+SPORTING EVENT OUTCO MES, INCLUDING MONEYLINES , AGAINST THE SPREAD , 16
74+TOTALS, FUTURES, PARLAYS, AND OTHER OUTCOMES , WHETHER PROVIDED AT NO 17
75+COST OR THROUGH A SU BSCRIPTION OR OTHER PARTNERSHIP . 18
8576
86- (VII) (VI) MAY NOT HAVE ANY REV ENUE–SHARING
87-RELATIONSHIP WITH OR OTHER FINANCIAL INTERE ST IN A SPORTS WAGER ING
88-LICENSEE OR SPORTS W AGERING OPERATOR .
77+ (4) “SPORTS WAGERING EXPER T” OR “SPORTS WAGERING 19
78+INFLUENCER ” MEANS A PERSON WHO C REATES SPORTS WAGERI NG CONTENT FOR A 20
79+SPORTS WAGERING LICE NSEE, A CONTENT PARTNER , OR THE PERSON ’S OWN 21
80+BENEFIT. 22
8981
90- (3) AN EMPLOYEE OR A PRIN CIPAL OF AN INDEPEND ENT EVALUATOR ,
91-OR THE INDEPENDENT E VALUATOR AS AN ENTIT Y, MAY NOT WAGER ON A S PORTING
92-EVENT.
93- WES MOORE, Governor Ch. 638
82+ (B) (1) ON OR BEFORE DECEMBER 31, 2023, THE THE COMMISSION 23
83+SHALL IDENTIFY AND ACCREDI T LICENSE INDEPENDENT EVALUATO RS TO 24
84+EVALUATE AND RATE SP ORTS WAGERING CONTEN T PROVIDED BY SPORTS 25
85+WAGERING EXPERTS , SPORTS WAGERING INFL UENCERS, AND CONTENT PARTNERS . 26
9486
95-– 3 –
96- (3) (4) (I) AN EXCEPT AS PROVIDED IN SUBPARAG RAPH (II) OF
97-THIS PARAGRAPH , AN INDEPENDENT EVALUATO R MAY NOT BE COMPENSATED BY A
98-SPORTS WAGERING LICE NSEE OR SPORTS WAGER ING OPERATOR THAT UTILIZES
99-THE INDEPENDENT EVAL UATOR’S EVALUATIONS IN ITS MARKETING MATERIALS FOR
100-INDEPENDENT EVALUATION SERVICES THAT UTILIZES THE IN DEPENDENT
101-EVALUATOR’S EVALUATION SERVICE S SOLELY FOR MARKETI NG MATERIALS.
87+ (2) IN ORDER TO BE ACCREDITED LICENSED UNDER PARAGRAPH (1) 27
88+OF THIS SUBSECTION , AN INDEPENDENT EVALU ATOR: 28
10289
103- (II) AN INDEPENDENT EVALUA TOR MAY BE COMPENSAT ED BY A
104-SPORTS WAGERING LICE NSEE OR SPORTS WAGER ING OPERATOR FOR ITS
105-EVALUATION AND RATIN G OF SPORTS WAGERING C ONTENT.
90+ (I) SHALL HAVE DEMONSTRA TED EXPERIENCE AND E XPERTISE 29
91+IN EVALUATING AND RA TING SPORTS WAGERING CONTENT; 30
10692
107- (4) (5) THE COMMISSION MAY ESTABL ISH ADDITIONAL
108-QUALIFICATIONS FOR T HE ACCREDITATION LICENSING OF INDEPENDENT
109-EVALUATORS IN ACCORD ANCE WITH THIS SUBSE CTION.
93+ (II) SHALL HAVE AN AUDIT PROCESS CONSTRUCTED AND 31
94+MAINTAINED BY IN –HOUSE, LICENSED CERTIFIED PUBLIC ACCOUNTANTS ; 32
95+ SENATE BILL 621 3
11096
111- (C) THE COMMISSION SHALL ESTABLISH STANDARDS OF PRACTICE
112-GOVERNING SPORTS WAGERING CONT ENT ADOPT REGULATIONS TO IMPLEMENT
113-THIS SECTION.
11497
115- (D) ON OR BEFORE APRIL 1, 2024, A A SPORTS WAGERING LICE NSEE OR
116-SPORTS WAGERING OPER ATOR THAT ADVERTISES IN THE STATE SHALL MAY
117-CONTRACT WITH AN IND EPENDENT EVALUATOR ACCREDITED LICENSED UNDER
118-SUBSECTION (B) OF THIS SECTION TO E VALUATE AND RATE THE SPORTS WAGERING
119-LICENSEE’S SPORTS WAGERING CO NTENT, SPORTS WAGERING EXPE RTS, SPORTS
120-WAGERING INFLUENCERS , AND CONTENT PARTNERS .
98+ (III) SHALL HAVE EVALUATIO N AND RATING PROCEDU RES THAT 1
99+ARE UNABLE TO BE ADJ USTED, DUPLICATED, OR ALTERED BY THE PE RSONS 2
100+SUBJECT TO EVALUATIO N; 3
121101
122- SECTION 2. AND BE IT FURTHER ENACTED, That the State Lo ttery and Gaming
123-Control Commission and the Sports Wagering Application Review Commission may
124-consider a request to amend a Class B–2 sports wagering facility license application for the
125-purpose of altering the proposed location of the sports wagering facility if:
102+ (IV) MAY NOT HAVE AN OFFI CIAL RELATIONSHIP WI TH A SPORTS 4
103+WAGERING LICEN SEE OR SPORTS WAGERI NG OPERATOR ; 5
126104
127- (1) a sports wagering facility license was awarded to the applicant on or
128-before February 15, 2023; and
105+ (V) (IV) MAY NOT HAVE ANY DIR ECT OR INDIRECT FINA NCIAL 6
106+INTEREST, OWNERSHIP, OR MANAGEMENT , INCLUDING HOLDING AN Y STOCKS, 7
107+BONDS, OR OTHER SIMILAR FIN ANCIAL INTERESTS IN ANY SPORTS WAGERING 8
108+ACTIVITIES; 9
129109
130- (2) a written request to amend the application is received by the State
131-Lottery and Gaming Control Commission and the State Wagering Application Review
132-Commission on or before December 31, 2023.
110+ (VI) (V) MAY NOT RECEIVE OR SHARE IN, DIRECTLY OR 10
111+INDIRECTLY, THE RECEIPTS OR PROC EEDS OF ANY SPORTS W AGERING ACTIVITIES ; 11
112+AND 12
133113
134- SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
135-July 1, 2023.
114+ (VII) (VI) MAY NOT HAVE ANY REV ENUE–SHARING 13
115+RELATIONSHIP WITH OR OTHER FINANCIAL INTE REST IN A SPORTS WAG ERING 14
116+LICENSEE OR SPORTS W AGERING OPERATOR. 15
136117
137-Approved by the Governor, May 16, 2023.
118+ (3) AN EMPLOYEE OR A PRIN CIPAL OF AN INDEPEND ENT EVALUATOR , 16
119+OR THE INDEPENDENT E VALUATOR AS AN ENTIT Y, MAY NOT WAGER ON A S PORTING 17
120+EVENT. 18
121+
122+ (3) (4) (I) AN EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF 19
123+THIS PARAGRAPH , AN INDEPENDENT EVALUATO R MAY NOT BE COMPENSATED BY A 20
124+SPORTS WAGERING LICE NSEE OR SPORTS WAGER ING OPERATOR THAT UTILIZES 21
125+THE INDEPENDENT EVAL UATOR’S EVALUATIONS IN ITS MARKETING MATERIALS FOR 22
126+INDEPENDENT EVALUATI ON SERVICES THAT UTILIZES THE IN DEPENDENT 23
127+EVALUATOR’S EVALUATION SERVICE S SOLELY FOR MARKETI NG MATERIALS. 24
128+
129+ (II) AN INDEPENDENT EVALUA TOR MAY BE COMPENSAT ED BY A 25
130+SPORTS WAGERING LICE NSEE OR SPORTS WAGER ING OPERATOR FOR ITS 26
131+EVALUATION AND RATIN G OF SPORTS WAGERING CONTENT. 27
132+
133+ (4) (5) THE COMMISSION MAY ESTABL ISH ADDITIONAL 28
134+QUALIFICATIONS FOR T HE ACCREDITATION LICENSING OF INDEPENDENT 29
135+EVALUATORS IN ACCORD ANCE WITH THIS SUBSE CTION. 30
136+
137+ (C) THE COMMISSION SHALL ESTABLISH STANDARDS OF PRACTICE 31
138+GOVERNING SPORTS WAG ERING CONTENT ADOPT REGULATI ONS TO IMPLEMENT 32
139+THIS SECTION. 33
140+ 4 SENATE BILL 621
141+
142+
143+ (D) ON OR BEFORE APRIL 1, 2024, A A SPORTS WAGERING LICE NSEE OR 1
144+SPORTS WAGERING OPER ATOR THAT ADVERTISES IN THE STATE SHALL MAY 2
145+CONTRACT WITH AN IND EPENDENT EVALUATOR ACCREDITED LICENSED UNDER 3
146+SUBSECTION (B) OF THIS SECTION TO EVALUATE AND RATE THE SPORTS WAGERING 4
147+LICENSEE’S SPORTS WAGERING CO NTENT, SPORTS WAGERING EXPE RTS, SPORTS 5
148+WAGERING INFLUENCERS , AND CONTENT PARTNERS . 6
149+
150+ SECTION 2. AND BE IT FURTHER ENACTED, That the State Lottery and Gaming 7
151+Control Commission and the Sports Wagering Application Review Commission may 8
152+consider a request to amend a Class B–2 sports wagering facility license application for the 9
153+purpose of altering the proposed location of the sports wagering facility if: 10
154+
155+ (1) a sports wagering facility license was awarded to the applicant on or 11
156+before February 15, 2023; and 12
157+
158+ (2) a written request to amend the application is received by the State 13
159+Lottery and Gaming Control Commission and the State Wagering Application Review 14
160+Commission on or before December 31, 2023. 15
161+
162+ SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 16
163+July 1, 2023. 17
164+
165+
166+
167+
168+Approved:
169+________________________________________________________________________________
170+ Governor.
171+________________________________________________________________________________
172+ President of the Senate.
173+________________________________________________________________________________
174+ Speaker of the House of Delegates.