Maryland 2025 Regular Session

Maryland House Bill HB1140 Compare Versions

Only one version of the bill is available at this time.
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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *hb1140*
66
77 HOUSE BILL 1140
88 C7, E1 5lr2689
99 CF SB 860
1010 By: Delegate Ebersole
1111 Introduced and read first time: February 5, 2025
1212 Assigned to: Ways and Means
1313
1414 A BILL ENTITLED
1515
1616 AN ACT concerning 1
1717
1818 Gaming – Prohibition of Online Sweepstakes Games and Revenue From Illegal 2
1919 Markets 3
2020
2121 FOR the purpose of prohibiting certain persons from operating, conducting, or promoting 4
2222 certain online sweepstakes games or supporting the operation, conducting, or 5
2323 promotion of certain online sweepstakes games; requiring the State Lottery and 6
2424 Gaming Control Agency to deny certain license applications and revoke certain 7
2525 licenses under certain circumstances; requiring certain license applicants and 8
2626 license holders to submit a certain disclosure under certain circumstances; 9
2727 prohibiting the State Lottery and Gaming Control Commission from issuing a license 10
2828 to certain persons or allowing the person to commence or continue operations if the 11
2929 person or an affiliate of the person knowingly accepts revenue that is directly or 12
3030 indirectly derived from certain jurisdictions; authorizing the Commission to deny 13
3131 certain applications or suspend or revoke certain licenses under certain 14
3232 circumstances; and generally relating to online sweepstakes games and illegal 15
3333 gaming markets. 16
3434
3535 BY adding to 17
3636 Article – Criminal Law 18
3737 Section 12–115 19
3838 Annotated Code of Maryland 20
3939 (2021 Replacement Volume and 2024 Supplement) 21
4040
4141 BY adding to 22
4242 Article – State Government 23
4343 Section 9–1A–07(g) and 9–1A–08.1 24
4444 Annotated Code of Maryland 25
4545 (2021 Replacement Volume and 2024 Supplement) 26
4646
4747 BY repealing and reenacting, with amendments, 27
4848 Article – State Government 28 2 HOUSE BILL 1140
4949
5050
5151 Section 9–1A–07(g) and 9–1E–03(a)(1) 1
5252 Annotated Code of Maryland 2
5353 (2021 Replacement Volume and 2024 Supplement) 3
5454
5555 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4
5656 That the Laws of Maryland read as follows: 5
5757
5858 Article – Criminal Law 6
5959
6060 12–115. 7
6161
6262 (A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 8
6363 INDICATED. 9
6464
6565 (2) “LICENSE” MEANS A LICENSE ISSUED BY THE STATE LOTTERY 10
6666 AND GAMING CONTROL COMMISSION UNDER TITLE 9, SUBTITLES 1A THROUGH 1E 11
6767 OF THE STATE GOVERNMENT ARTICLE. 12
6868
6969 (3) (I) “ONLINE SWEEPSTAKES GAME ” MEANS A GAME , CONTEST, 13
7070 OR PROMOTION THAT : 14
7171
7272 1. IS AVAILABLE ON THE INTERNET OR ACCESSIBL E ON 15
7373 A MOBILE PHONE , COMPUTER TERMINAL , OR SIMILAR DEVICE; 16
7474
7575 2. UTILIZES A DUAL –CURRENCY SYSTEM OF P AYMENT 17
7676 ALLOWING THE PLAYER TO EXCHANGE THE CURR ENCY FOR ANY PRIZE O R AWARD 18
7777 OR CASH OR CASH EQUI VALENTS, OR ANY CHANCE TO WIN ANY PRIZE OR AWARD O R 19
7878 CASH OR CASH EQUIVAL ENTS; AND 20
7979
8080 3. SIMULATES: 21
8181
8282 A. CASINO–STYLE GAMING , SUCH AS SLOT MACHINE S, 22
8383 VIDEO POKER, AND TABLE GAMES , INCLUDING BLACKJACK , ROULETTE, CRAPS, AND 23
8484 POKER; 24
8585
8686 B. LOTTERY GAMES , INCLUDING DRAW GAMES , INSTANT 25
8787 WIN GAMES, KENO, AND BINGO; AND 26
8888
8989 C. SPORTS WAGERING . 27
9090
9191 (II) “ONLINE SWEEPSTAKES GAME ” DOES NOT INCLUDE A G AME 28
9292 THAT DOES NOT AWARD CASH PRIZES OR CASH EQUIVALENTS . 29
9393 HOUSE BILL 1140 3
9494
9595
9696 (B) (1) A PERSON MAY NOT OPERA TE, CONDUCT, OR PROMOTE AN 1
9797 ONLINE SWEEPSTAKES G AME IN THE STATE. 2
9898
9999 (2) AN APPLICANT FOR A LI CENSE, A PERSON HOLDING A L ICENSE, 3
100100 OR A FINANCIAL INSTITUT ION, PAYMENT PROCESSOR , GEOLOCATION PROVIDER , 4
101101 GAMING CONTENT SUPPL IER, PLATFORM PROVIDER , OR MEDIA AFFILIATE O F A 5
102102 PERSON HOLDING A LICENSE MAY NOT SUPPORT THE OPERATION, CONDUCT ING, OR 6
103103 PROMOTION OF AN ONLI NE SWEEPSTAKES GAME IN THE STATE. 7
104104
105105 (C) (1) A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A 8
106106 MISDEMEANOR AND ON C ONVICTION IS SUBJECT TO IMPRIS ONMENT NOT 9
107107 EXCEEDING 3 YEARS OR A FINE NOT LESS THAN $10,000 AND NOT EXCEEDING 10
108108 $100,000 OR BOTH. 11
109109
110110 (2) IF A PERSON IS FOUND IN VIOLATION OF THIS SECTION, THE 12
111111 STATE LOTTERY AND GAMING CONTROL AGENCY SHALL DENY THE PERSON ’S 13
112112 LICENSE APPLICATION OR REVOKE A LICENSE HELD BY THE PERSON . 14
113113
114114 Article – State Government 15
115115
116116 9–1A–07. 16
117117
118118 (G) (1) (I) IN THIS SUBSECTION THE FOLLOWING WORDS HAVE THE 17
119119 MEANINGS INDICATED . 18
120120
121121 (II) “ILLEGAL INTERACTIVE G AMING MARKET ” MEANS A 19
122122 JURISDICTION IN WHIC H INTERACTIVE GAMING IS PROHIBITED BY THE LAWS OF 20
123123 THAT JURISDICTION . 21
124124
125125 (III) “INTERACTIVE GAME CONT ENT” MEANS HARDWARE , 22
126126 SOFTWARE, APPLICATIONS, AND SERVERS USED TO OPERATE, CONDUCT, OR OFFER 23
127127 INTERACTIVE GAMBLING GAMES. 24
128128
129129 (2) ON APPLICATION FOR A LICENSE UNDER § 9–1A–06(A)(2) OR (3) 25
130130 OF THIS SUBTITLE AND ANNUALLY FOLLOWING T HE ISSUANCE OF THE LICENSE , AN 26
131131 APPLICANT OR A LICENSE HOLDER SHALL SUBMIT A DISCLOSURE STATING, FOR THE 27
132132 IMMEDIATELY PRECEDIN G 12–MONTH PERIOD , THE JURISDICTIONS IN WHICH THE 28
133133 APPLICANT OR LICENSE HOLDER OR ANY AFFILI ATE OF THE APPLICANT OR LICENSE 29
134134 HOLDER DIRECTLY O R INDIRECTLY ACCEPTE D REVENUE FROM THE S UPPLY OF 30
135135 INTERACTIVE GAME CON TENT IN AN ILLEGAL I NTERACTIVE GAMING MA RKET. 31
136136
137137 (3) A MATERIAL MISREPRESEN TATION OR OMISSION O N THE 32
138138 DISCLOSURE REQUIRED UNDER PARAGRAPH (2) OF THIS SUBSECTION M AY, IN THE 33
139139 DISCRETION OF T HE COMMISSION, RESULT IN THE DENIAL OF AN APPLICATION FO R 34 4 HOUSE BILL 1140
140140
141141
142142 A LICENSE UNDER THIS SUBTITLE OR, IN THE CASE OF A LIC ENSE HOLDER , 1
143143 DISCIPLINARY ACTION , INCLUDING A SUSPENSI ON OR REVOCATION OF THE LICENSE 2
144144 AND PENALTIES FOR OF FICERS OR BOARD MEMB ERS OF THE LICENSE HOLDER. 3
145145
146146 [(g)] (H) (1) An individual may not knowingly give false information or make 4
147147 a material misstatement in an application required for any license under this subtitle or in 5
148148 any supplemental information required by the Commission. 6
149149
150150 (2) An individual who violates this section is guilty of a misdemeanor and 7
151151 on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding 8
152152 $5,000 or both. 9
153153
154154 9–1A–08.1. 10
155155
156156 (A) THE COMMISSION MAY NOT IS SUE A LICENSE TO A P ERSON REQUIRED 11
157157 TO BE LICENSED UNDER § 9–1A–06(A)(2) OR (3) OF THIS SUBTITLE IF THE 12
158158 APPLICANT OR ANY OF THE APPLICANT ’S AFFILIATES, INCLUDING AN ENTITY UNDER 13
159159 COMMON CONTROL , KNOWINGLY ACCEPTS REVENUE THAT IS DIRE CTLY OR 14
160160 INDIRECTLY DERIVED F ROM: 15
161161
162162 (1) A JURISDICTION ON TH E BLACK LIST OF MONEY LAUNDERING 16
163163 COUNTRIES ESTABLISHED BY THE FINANCIAL ACTION TASK FORCE; 17
164164
165165 (2) A JURISDICTION DESIG NATED AS A STATE SPONSOR OF 18
166166 TERRORISM BY THE UNITED STATES; OR 19
167167
168168 (3) A JURISDICTION IN WH ICH ONLINE CASINO GA MING IS 20
169169 PROHIBITED AND THE R EVENUE IS DERIVED FROM ONLI NE CASINO GAMING IN THAT 21
170170 JURISDICTION. 22
171171
172172 (B) (1) THE COMMISSION MAY NOT A LLOW A PERSON REQUIR ED TO BE 23
173173 LICENSED UNDER § 9–1A–06(A)(2) OR (3) OF THIS SUBTITLE TO COMMENCE OR 24
174174 CONTINUE OPERATIONS IF THE COMMISSION DETERMINES THAT THE PERSON OR 25
175175 ANY OF THE PERSON ’S AFFILIATES, INCLUDING ENTITIES U NDER COMMON 26
176176 CONTROL, KNOWINGLY ACCEPTS REVENUE THAT IS DIRE CTLY OR INDIRECTLY 27
177177 DERIVED FROM A JURIS DICTION DESCRIBED UN DER SUBSECTION (A) OF THIS 28
178178 SECTION. 29
179179
180180 (2) THE COMMISSION MAY REVOKE THE LICENSE OF A LIC ENSE 30
181181 HOLDER THAT IS REQUI RED TO CEASE OPERATI ONS UNDER PARAGRAPH (1) OF THIS 31
182182 SUBSECTION IF , AFTER NOTICE AND OPP ORTUNITY FOR A HEARI NG, THE 32
183183 COMMISSION DETERMINES THAT IT W OULD FURTHER THE PUB LIC INTEREST TO 33
184184 DISCONTINUE THE OPERATI ON OF THE LICENSE HO LDER IN THE STATE. 34
185185 HOUSE BILL 1140 5
186186
187187
188188 9–1E–03. 1
189189
190190 (a) (1) Unless the context requires otherwise, the requirements under §§ 2
191191 9–1A–04, 9–1A–06, 9–1A–07, 9–1A–08, 9–1A–08.1, 9–1A–12, 9–1A–14, 9–1A–18, 3
192192 9–1A–19, 9–1A–20, and 9–1A–25 of this title apply to the authority, duties, and 4
193193 responsibilities of the Commission, a sports wagering licensee, and an employee or a 5
194194 contractor of a sports wagering licensee under this subtitle. 6
195195
196196 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 7
197197 1, 2025. 8