Maryland 2023 Regular Session

Maryland Senate Bill SB621 Latest Draft

Bill / Chaptered Version Filed 05/18/2023

                             	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.