WES MOORE, Governor Ch. 638 – 1 – Chapter 638 (Senate Bill 621) AN ACT concerning Gaming – Sports Wagering – Independent Evaluation of Sports Wagering Content and Sports Wagering Facility Application Amendments FOR the purpose of requiring the Maryland Lottery and Gaming Control Commission to identify and accredit license certain independent evaluators to evaluate and rate certain sports wagering content provided by certain sports wagering experts, sports wagering influencers, and content partners; requiring the Commission to establish standards of practice governing sports wagering content; requiring authorizing certain sports wagering licensees and sports wagering operators to contract with certain independent evaluators for certain purposes under certain circumstances; authorizing the Maryland Lottery and Gaming Control Commission and the Sports Wagering Application Review Commission to consider certain requests for certain application amendments received on or before a certain date; and generally relating to sports wagering and the evaluation of sports wagering content. BY adding to Article – State Government Section 9–1E–17 Annotated Code of Maryland (2021 Replacement Volume and 2022 Supplement) SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, That the Laws of Maryland read as follows: Article – State Government 9–1E–17. (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS INDICATED. (2) “CONTENT PARTNER ” MEANS AN INDIVIDUAL WHO OR A PLATFORM THAT CREATE S SPORTS WAGERING CO NTENT FOR A SPORTS W AGERING LICENSEE THROUGH CON TRACTED WORK, AFFILIATION, OR OTHER PARTNERSHIP . (3) “SPORTS WAGERING CONTE NT” MEANS PREDICTIONS OF SPORTING EVENT OUTCO MES, INCLUDING MONEYLINES , AGAINST THE SPREAD , TOTALS, FUTURES, PARLAYS, AND OTHER OUTCOMES , WHETHER PROVIDED AT NO COST OR THROUGH A SU BSCRIPTION OR OTHER PARTN ERSHIP. Ch. 638 2023 LAWS OF MARYLAND – 2 – (4) “SPORTS WAGERING EXPER T” OR “SPORTS WAGERING INFLUENCER ” MEANS A PERSON WHO C REATES SPORTS WAGERI NG CONTENT FOR A SPORTS WAGERING LICE NSEE, A CONTENT PARTNER , OR THE PERSON ’S OWN BENEFIT. (B) (1) ON OR BEFORE DECEMBER 31, 2023, THE THE COMMISSION SHALL IDENTIFY AND ACCREDI T LICENSE INDEPENDENT EVALUATO RS TO EVALUATE AND RATE SP ORTS WAGERING CONTEN T PROVIDED BY SPORTS WAGERING EXPERTS , SPORTS WAGERING INFL UENCERS, AND CONTENT PARTNERS . (2) IN ORDER TO BE ACCREDITED LICENSED UNDER PARAGRAPH (1) OF THIS SUBSECTION , AN INDEPENDENT EVALU ATOR: (I) SHALL HAVE DEMONSTRA TED EXPERIENCE AND E XPERTISE IN EVALUATING AND RA TING SPORTS WAGERING CONTENT; (II) SHALL HAVE AN AUDIT PROCESS CONSTRUCTED AND MAINTAINED BY IN –HOUSE, LICENSED CERTIFIED P UBLIC ACCOUNTANTS ; (III) SHALL HAVE EVALUATIO N AND RATING PROCEDU RES THAT ARE UNABLE TO BE ADJ USTED, DUPLICATED, OR ALTERED BY THE PE RSONS SUBJECT TO EVALUATIO N; (IV) MAY NOT HAVE AN OFFI CIAL RELATIONSHIP WI TH A SPORTS WAGERING LICENSEE OR SPORTS WAGERING OPER ATOR; (V) (IV) MAY NOT HAVE ANY DIR ECT OR INDIRECT FINA NCIAL INTEREST, OWNERSHIP, OR MANAGEMENT , INCLUDING HOLDING AN Y STOCKS, BONDS, OR OTHER SIMILAR FINANCIAL INTERESTS IN ANY SPORTS WAGERI NG ACTIVITIES; (VI) (V) MAY NOT RECEIVE OR S HARE IN, DIRECTLY OR INDIRECTLY, THE RECEIPTS OR PROC EEDS OF ANY SPORTS W AGERING ACTIVITIES ; AND (VII) (VI) MAY NOT HAVE ANY REV ENUE–SHARING RELATIONSHIP WITH OR OTHER FINANCIAL INTERE ST IN A SPORTS WAGER ING LICENSEE OR SPORTS W AGERING OPERATOR . (3) AN EMPLOYEE OR A PRIN CIPAL OF AN INDEPEND ENT EVALUATOR , OR THE INDEPENDENT E VALUATOR AS AN ENTIT Y, MAY NOT WAGER ON A S PORTING EVENT. WES MOORE, Governor Ch. 638 – 3 – (3) (4) (I) AN EXCEPT AS PROVIDED IN SUBPARAG RAPH (II) OF THIS PARAGRAPH , AN INDEPENDENT EVALUATO R MAY NOT BE COMPENSATED BY A SPORTS WAGERING LICE NSEE OR SPORTS WAGER ING OPERATOR THAT UTILIZES THE INDEPENDENT EVAL UATOR’S EVALUATIONS IN ITS MARKETING MATERIALS FOR INDEPENDENT EVALUATION SERVICES THAT UTILIZES THE IN DEPENDENT EVALUATOR’S EVALUATION SERVICE S SOLELY FOR MARKETI NG MATERIALS. (II) AN INDEPENDENT EVALUA TOR MAY BE COMPENSAT ED BY A SPORTS WAGERING LICE NSEE OR SPORTS WAGER ING OPERATOR FOR ITS EVALUATION AND RATIN G OF SPORTS WAGERING C ONTENT. (4) (5) THE COMMISSION MAY ESTABL ISH ADDITIONAL QUALIFICATIONS FOR T HE ACCREDITATION LICENSING OF INDEPENDENT EVALUATORS IN ACCORD ANCE WITH THIS SUBSE CTION. (C) THE COMMISSION SHALL ESTABLISH STANDARDS OF PRACTICE GOVERNING SPORTS WAGERING CONT ENT ADOPT REGULATIONS TO IMPLEMENT THIS SECTION. (D) ON OR BEFORE APRIL 1, 2024, A A SPORTS WAGERING LICE NSEE OR SPORTS WAGERING OPER ATOR THAT ADVERTISES IN THE STATE SHALL MAY CONTRACT WITH AN IND EPENDENT EVALUATOR ACCREDITED LICENSED UNDER SUBSECTION (B) OF THIS SECTION TO E VALUATE AND RATE THE SPORTS WAGERING LICENSEE’S SPORTS WAGERING CO NTENT, SPORTS WAGERING EXPE RTS, SPORTS WAGERING INFLUENCERS , AND CONTENT PARTNERS . SECTION 2. AND BE IT FURTHER ENACTED, That the State Lo ttery and Gaming Control Commission and the Sports Wagering Application Review Commission may consider a request to amend a Class B–2 sports wagering facility license application for the purpose of altering the proposed location of the sports wagering facility if: (1) a sports wagering facility license was awarded to the applicant on or before February 15, 2023; and (2) a written request to amend the application is received by the State Lottery and Gaming Control Commission and the State Wagering Application Review Commission on or before December 31, 2023. SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1, 2023. Approved by the Governor, May 16, 2023.