EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. *sb0340* SENATE BILL 340 C7 5lr1888 HB 1319/24 – W&M By: Senator Watson Introduced and read first time: January 16, 2025 Assigned to: Budget and Taxation A BILL ENTITLED AN ACT concerning 1 Internet Gaming – Authorization and Implementation 2 FOR the purpose of authorizing the State Lottery and Gaming Control Commission to issue 3 certain licenses to certain qualified applicants to conduct or participate in certain 4 Internet gaming operations in the State; requiring the Commission to regulate 5 Internet gaming and the conduct of Internet gaming in the State; requiring an 6 Internet gaming licensee to require individuals to provide proof of the registration 7 in order to participate in Internet gaming; authorizing the Governor, on 8 recommendation of the Commission, to enter into certain multijurisdictional 9 Internet gaming agreements with certain other governments, subject to certain 10 limitations; providing that certain payments to certain former video lottery facility 11 employees may not be subtracted from the calculation of a certain benefit; 12 establishing the Video Lottery Facility Employee Displacement Fund as a special, 13 nonlapsing fund; submitting this Act to a referendum of the qualified voters of the 14 State; and generally relating to Internet gaming. 15 BY repealing and reenacting, without amendments, 16 Article – Economic Development 17 Section 5–1501(a) 18 Annotated Code of Maryland 19 (2024 Replacement Volume and 2024 Supplement) 20 BY repealing and reenacting, with amendments, 21 Article – Economic Development 22 Section 5–1501(b)(1) 23 Annotated Code of Maryland 24 (2024 Replacement Volume and 2024 Supplement) 25 BY repealing and reenacting, without amendments, 26 Article – Education 27 Section 5–206(b) 28 2 SENATE BILL 340 Annotated Code of Maryland 1 (2022 Replacement Volume and 2024 Supplement) 2 BY repealing and reenacting, with amendments, 3 Article – Education 4 Section 5–206(f) and 5–235(a) 5 Annotated Code of Maryland 6 (2022 Replacement Volume and 2024 Supplement) 7 BY repealing and reenacting, with amendments, 8 Article – Labor and Employment 9 Section 8–803(d) 10 Annotated Code of Maryland 11 (2016 Replacement Volume and 2024 Supplement) 12 BY repealing and reenacting, without amendments, 13 Article – State Government 14 Section 9–1A–28(a) and 9–1A–29(a) 15 Annotated Code of Maryland 16 (2021 Replacement Volume and 2024 Supplement) 17 BY repealing and reenacting, with amendments, 18 Article – State Government 19 Section 9–1A–28(b)(1) and 9–1A–29(b)(1) 20 Annotated Code of Maryland 21 (2021 Replacement Volume and 2024 Supplement) 22 BY adding to 23 Article – State Government 24 Section 9–1F–01 through 9–1F–13 to be under the new subtitle “Subtitle 1F. Internet 25 Gaming” 26 Annotated Code of Maryland 27 (2021 Replacement Volume and 2024 Supplement) 28 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 29 That the Laws of Maryland read as follows: 30 Article – Economic Development 31 5–1501. 32 (a) There is a Small, Minority, and Women–Owned Businesses Account under the 33 authority of the Department. 34 (b) (1) The Account shall receive money as required under [§ 9–1A–27] §§ 35 9–1A–27 AND 9–1F–05 of the State Government Article. 36 SENATE BILL 340 3 Article – Education 1 5–206. 2 (b) There is the Blueprint for Maryland’s Future Fund. 3 (f) The Fund consists of: 4 (1) Revenue distributed to the Fund under Title 9, Subtitles 1D [and 1E] 5 THROUGH 1F of the State Government Article and §§ 2–4A–02, 2–605.1, and 2–1303 of 6 the Tax – General Article; 7 (2) Money appropriated in the State budget for the Fund; and 8 (3) Any other money from any other source accepted for the benefit of the 9 Fund. 10 5–235. 11 (a) (1) (i) Subject to PARAGRAPH (3) OF THIS SUBSECTION A ND 12 subsection (o) of this section and beginning in fiscal year 2023, the county governing body 13 shall levy and appropriate an annual tax sufficient to provide an amount of revenue for 14 elementary and secondary public education purposes equal to the local share of major 15 education aid as adjusted under § 5–239 of this subtitle. 16 (ii) For the purposes of calculating the local share of major education 17 aid and regardless of the source of the funds, all funds that a county board, including the 18 Baltimore City Board of School Commissioners, is authorized to expend for schools may be 19 considered as levied by the county council, board of county commissioners, or the Mayor 20 and City Council of Baltimore except for: 21 1. State appropriations; 22 2. Federal education aid payments; and 23 3. The amount of the expenditure authorized for debt service 24 and capital outlay. 25 (2) Subject to PARAGRAPH (3) OF THIS SUBSECTION A ND subsection (o) 26 of this section and except as provided in subsection (a–1) of this section, the county 27 governing body shall appropriate local funds to the school operating budget in an amount 28 no less than the product of the county’s enrollment count for the current fiscal year and the 29 local appropriation on a per pupil basis for the prior fiscal year using enrollment count. 30 (3) BEGINNING IN FISCAL Y EAR 2027 AND EACH FISCAL YEAR 31 THEREAFTER , THE COUNTY GOVERNI NG BODY SHALL : 32 4 SENATE BILL 340 (I) SUBTRACT THE AMOUNT O F INTERNET GAMING PROCE EDS 1 DISTRIBUTED TO LOCAL JURISDICTIONS FOR ED UCATION FUNDING UNDE R § 2 9–1F–05(B)(2)(VIII) OF THE STATE GOVERNMENT ARTICLE FROM THE TOTA L 3 AMOUNTS CALCULATED U NDER PARAGRAPHS (1) AND (2) OF THIS SUBSECTION ; AND 4 (II) APPROPRIATE TO THE SC HOOL OPERATING BUDGE T THE 5 AMOUNT OF INTERNET GAMING PROCE EDS THAT THE COUNTY GOVERNING BODY 6 RECEIVED. 7 Article – Labor and Employment 8 8–803. 9 (d) (1) Except as provided in § 8–1207 of this title for the work sharing 10 program and § 8–1604 of this title for the Self–Employment Assistance Program, an eligible 11 claimant shall be paid a weekly benefit amount that is computed by: 12 (i) determining the claimant’s weekly benefit amount under this 13 section; 14 (ii) adding any allowance for a dependent to which the claimant is 15 entitled under § 8–804 of this subtitle; and 16 (iii) subject to [paragraph] PARAGRAPHS (3) AND (4) of this 17 subsection, subtracting any wages exceeding $50 payable to the claimant for the week. 18 (2) In computing benefits under this subsection, a fraction of a dollar shall 19 be rounded to the next lower dollar. 20 (3) A payment to an individual as compensation for serving as an election 21 judge for a local board of elections in the State may not be included when computing the 22 wages required to be subtracted under paragraph (1)(iii) of this subsection. 23 (4) A PAYMENT TO A FORMER VIDEO LOTTERY FACILI TY EMPLOYEE 24 FROM THE VIDEO LOTTERY FACILITY EMPLOYEE DISPLACEMENT FUND 25 ESTABLISHED UNDER § 9–1F–13 OF THE STATE GOVERNMENT ARTICLE MAY NOT 26 BE INCLUDED WHEN COM PUTING THE WAGES REQ UIRED TO BE SUBTRACT ED UNDER 27 PARAGRAPH (1)(III) OF THIS SUBSECTION . 28 Article – State Government 29 9–1A–28. 30 (a) There is a Purse Dedication Account under the authority of the State Racing 31 Commission. 32 SENATE BILL 340 5 (b) (1) The Account shall receive money as required under § 9–1A–27 of this 1 subtitle AND § 9–1F–05 OF THIS TITLE. 2 9–1A–29. 3 (a) There is a Racetrack Facility Renewal Account under the authority of the 4 State Racing Commission. 5 (b) (1) The Account shall receive money as required under § 9–1A–27 of this 6 subtitle AND § 9–1F–05 OF THIS TITLE for the first 16 years of operations at each video 7 lottery facility. 8 SUBTITLE 1F. INTERNET GAMING. 9 9–1F–01. 10 (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 11 INDICATED. 12 (B) “COMMISSION” MEANS THE STATE LOTTERY AND GAMING CONTROL 13 COMMISSION. 14 (C) “ECONOMICALLY DISADVAN TAGED AREA” MEANS A GEOGRAPHIC A REA, 15 IDENTIFIED BY THE COMMISSION, THAT MEETS THREE OR MORE OF THE 16 FOLLOWING CRITERIA : 17 (1) HAS A MEDIAN INCOME RATE THAT IS 80% OR LESS OF THE 18 AVERAGE MEDIAN HOUSE HOLD INCOME OF THE S TATE WITHIN WHICH TH E 19 GEOGRAPHIC AREA IS L OCATED; 20 (2) HAS AN UNEMPLOYMENT RATE THAT IS AT LEAS T 150% OF THE 21 UNEMPLOYMENT RATE OF THE STATE WITHIN WHI CH THE GEOGRAPHIC AR EA IS 22 LOCATED; 23 (3) HAS AN UNINSURED RAT E THAT IS AT LEAST 150% OF THE HEALTH 24 UNINSURED RATE OF TH E STATE WITHIN WHICH THE GEOGRAPHI C AREA IS 25 LOCATED; 26 (4) HAS A SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM 27 PARTICIPATION RATE T HAT IS AT LEAST 150% OF THE SUPPLEMENTAL NUTRITION 28 ASSISTANCE PROGRAM PARTICIPATION RATE OF THE STATE WI THIN WHICH THE 29 GEOGRAPHIC AREA IS L OCATED; AND 30 6 SENATE BILL 340 (5) HAS A POVERTY RATE THAT IS AT LEAST 150% OF THE POVERTY 1 RATE IN THE STATE WI THIN WHICH THE GEOGR APHIC AREA IS LOCATE D. 2 (D) “INTERNET GAMING ” MEANS CASINO –STYLE GAMING THROUGH AN 3 ONLINE GAMING SYSTEM : 4 (1) ON A COMPUTER , A MOBILE DEVICE , OR ANY OTHER INTERA CTIVE 5 DEVICE; AND 6 (2) THAT IS CONDUCTED BY AN INTERNET GAMING LICEN SEE OR A 7 PERSON WHO OPERATES INTERNET GAMING ON BE HALF OF AN INTERNET GAMING 8 LICENSEE. 9 (E) “INTERNET GAMING LICEN SE” MEANS A LICENSE ISSU ED BY THE 10 COMMISSION TO CONDUCT INTERNET GAMING IN THE STATE IN ACCORDANCE W ITH 11 THIS SUBTITLE. 12 (F) “INTERNET GAMING LICEN SEE” MEANS THE HOLDER OF AN INTERNET 13 GAMING LICENSE UNDER THIS SUBTITLE. 14 (G) “INTERNET GAMING OPERA TOR” MEANS AN ENTITY THAT HOLDS A 15 LICENSE ISSUED BY TH E COMMISSION UNDER THIS SUBTITLE TO CONDUCT AND 16 OPERATE INTERNET GAMING ON BE HALF OF AN INTERNET GAMING LICEN SEE. 17 (H) (1) “PERSONAL NET WORTH ” MEANS THE NET VALUE OF THE ASSETS 18 HELD BY AN INDIVIDUA L, INCLUDING THE INDIVI DUAL’S SHARE OF ASSETS HE LD 19 JOINTLY OR AS COMMUN ITY PROPER TY WITH THE INDIVIDU AL’S SPOUSE, AFTER 20 TOTAL LIABILITIES AR E DEDUCTED. 21 (2) “PERSONAL NET WORTH ” DOES NOT INCLUDE : 22 (I) THE INDIVIDUAL ’S OWNERSHIP INTEREST IN AN APPLICANT 23 FOR LICENSURE UNDER THIS SUBTITLE; 24 (II) THE INDIVIDUAL ’S EQUITY IN THE INDIVIDUAL’S PRIMARY 25 PLACE OF RESIDENCE ; 26 (III) ANY MORTGAGE OR LOAN SECURED BY THE INDIV IDUAL’S 27 PRIMARY PLACE OF RES IDENCE AS A LIABILIT Y; OR 28 (IV) THE CASH VALUE OF AN Y QUALIFIED RETIREME NT SAVINGS 29 PLANS OR INDIVIDUAL RETIREMENT ACCOUNTS . 30 SENATE BILL 340 7 (I) “PROCEEDS” MEANS THE AMOUNT OF MONEY BET ON INTERNET 1 GAMING, LESS: 2 (1) THE AMOUNT RETURNED TO SUCCESSFUL PLAYER S; 3 (2) THE CASH EQUIVALENTS OF ANY MERCHANDISE O R THING OF 4 VALUE AWARDED AS A P RIZE TO SUCCESSFUL P LAYERS; AND 5 (3) THROUGH THE FIRST 5 YEARS OF OPERATION OF AN INTERNET 6 GAMING LICENSEE : 7 (I) IF THE INTERNET GAMING LICEN SEE’S PROCEEDS DO NOT 8 EXCEED $4,000,000 DURING THE IMMEDIATE LY PRECEDING YEAR OF OPERATION, 9 35% OF FREE PLAY AND PRO MOTIONAL CREDITS RED EEMED BY PLAYERS ; 10 (II) IF THE INTERNET GAMING LICENSE E’S PROCEEDS ARE AT 11 LEAST $4,000,000 BUT DO NOT EXCEED $8,000,000 DURING THE IMMEDIATE LY 12 PRECEDING YEAR OF OP ERATION, 31.25% OF FREE PLAY AND PRO MOTIONAL 13 CREDITS REDEEMED BY PLAYERS; 14 (III) IF THE INTERNET GAMING LICEN SEE’S PROCEEDS ARE AT 15 LEAST $8,000,000 BUT DO NOT EXCEED $10,000,000 DURING THE IMMEDIATE LY 16 PRECEDING YEAR OF OP ERATION, 27.5% OF FREE PLAY AND PRO MOTIONAL 17 CREDITS REDEEMED BY PLAYERS; 18 (IV) IF THE INTERNET GAMING LICEN SEE’S PROCEEDS ARE AT 19 LEAST $10,000,000 BUT DO NOT EXCEED $12,000,000 DURING THE IMMEDIATE LY 20 PRECEDING YEAR OF OP ERATION, 23.75% OF FREE PLAY AND PRO MOTIONAL 21 CREDITS REDEEMED BY PLAYERS; OR 22 (V) IF THE INTERNET GAMING LICEN SEE’S PROCEEDS 23 EXCEEDED $12,000,000 DURING THE IMMEDIATE LY PRECEDING YEAR OF 24 OPERATION, 20% OF FREE PLAY AND PRO MOTIONAL CREDITS RED EEMED BY 25 PLAYERS. 26 (J) “SOCIAL EQUITY APPLICA NT” MEANS AN APPLICANT F OR AN INTERNET 27 GAMING LICENSE WHO S ATISFIES AT LEAST TW O OF THE FOLLOWING C RITERIA: 28 (1) LIVED IN AN ECONOMIC ALLY DISADVANTAGED AREA FOR AT 29 LEAST 5 OF THE 10 YEARS IMMEDIATELY PR ECEDING THE SUBMISSI ON OF THE 30 APPLICATION; 31 (2) ATTENDED A PUBLIC SC HOOL IN AN ECONOMICA LLY 32 DISADVANTAGED AREA F OR AT LEAST 5 YEARS; 33 8 SENATE BILL 340 (3) FOR AT LEAST 2 YEARS, ATTENDED A 4–YEAR INSTITUTION OF 1 HIGHER EDUCATION IN THE STATE WHERE AT LEAST 40% OF THE INDIVIDUALS W HO 2 ATTEND THE INSTITUTI ON OF HIGHER EDUCATI ON ARE ELIGIBLE FOR A PELL 3 GRANT; AND 4 (4) HAS A PERSONAL NET W ORTH THAT DOES NOT E XCEED AN 5 AMOUNT DETERMINED BY THE COMMISSION TO ENCOURA GE DIVERSITY, EQUITY, 6 AND INCLUSION IN THE INTERNET GAMING INDUS TRY. 7 (K) “VIDEO LOTTERY FACILIT Y” HAS THE MEANING STAT ED IN § 9–1A–01 8 OF THIS TITLE. 9 (L) “VIDEO LOTTERY OPERATO R” HAS THE MEANING STAT ED IN § 9–1A–01 10 OF THIS TITLE. 11 9–1F–02. 12 (A) (1) THIS SUBTITLE AU THORIZES AN INTERNET GAMING LICEN SEE TO 13 CONDUCT AND OPERATE INTERNET GAMING IN TH E STATE AS PROVIDED IN THIS 14 SUBTITLE. 15 (2) AN INTERNET GAMING LICEN SEE MAY ENTER INTO A N 16 AGREEMENT WITH UP TO ONE INTERNET GAMING OPERA TOR. 17 (B) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBTITLE, THE COMMISSION 18 SHALL REGULATE INTERNET GAMING AND T HE CONDUCT OF INTERNET GAMING TO 19 THE SAME EXTENT THAT THE COMMISSION REGULATES THE OPERATION OF VID EO 20 LOTTERY TERMINALS AN D TABLE GAMES UNDER SUBTITLE 1A OF THIS TITLE AND 21 MOBILE SPORTS WAGERING UNDER SUBTITLE 1E OF THIS TITLE. 22 (C) UNLESS THE CONTEXT RE QUIRES OTHERWISE , THE REQUIREMENTS 23 UNDER §§ 9–1A–04, 9–1A–06, 9–1A–07, 9–1A–08, 9–1A–12, 9–1A–14, 9–1A–18, 24 9–1A–19, 9–1A–20, AND 9–1A–25 OF THIS TITLE APPLY TO THE AUTHORITY , DUTIES, 25 AND RESPONSIBILITIES OF THE COMMISSION, AN INTERNET GAMING LICEN SEE, 26 AND AN EMPLOYEE OR A CONTRACTOR OF AN INTERNET GAMING LICEN SEE UNDER 27 THIS SUBTITLE. 28 (D) (1) THE FOLLOWING PERSONS SHALL BE LICENSED UN DER THIS 29 SUBTITLE: 30 (I) A PERSON THAT CONDUC TS INTERNET GAMING ; 31 SENATE BILL 340 9 (II) A PERSON THAT CONDUC TS INTERNET GAMING ON BE HALF 1 OF AN INTERNET GAMING LICEN SEE, INCLUDING AN INTERNET GAMING OPERA TOR; 2 (III) A LIVE STUDIO DEALER , AS DEFINED UNDER § 9–1F–10 OF 3 THIS SUBTITLE; 4 (IV) A PERSON NOT LICENSE D UNDER ITEM (I), (II), OR (III) OF 5 THIS PARAGRAPH THAT MANAGES, OPERATES, SUPPLIES, PROVIDES SECURITY FO R, 6 OR PROVIDES SERVICE , MAINTENANCE , OR REPAIRS FOR AN INTERNET GAMING 7 LICENSEE; AND 8 (V) AN INDIVIDUAL DIRECT LY EMPLOYED IN THE O PERATION 9 OF INTERNET GAMING BY AN INTERNET GAMING LICEN SEE IF THE INDIVIDUA L DOES 10 NOT OTHERWISE HOLD A VALID LICENSE UNDER SUBTITLE 1A OF THIS TITLE. 11 (2) THE COMMISSION MAY BY REG ULATION REQUIRE A PE RSON THAT 12 CONTRACTS WITH A LIC ENSEE AND THE PERSON ’S EMPLOYEES TO OBTAI N A 13 LICENSE UNDER THIS S UBTITLE IF THE COMMISSION DETERMINES THAT THE 14 LICENSING REQUIREMEN TS ARE NECESSARY IN ORDER TO PROTECT THE PUBLIC 15 INTEREST AND ACCOMPL ISH THE POLICIES EST ABLISHED BY THIS SUB TITLE. 16 (3) SUBJECT TO THE LIMITA TIONS OF THIS SUBTIT LE, THE 17 COMMISSION MAY CHARGE A FEE FOR A LICENSE ISSUED UNDER THIS SU BTITLE. 18 (E) (1) THE COMMISSION MAY NOT IS SUE A LICENSE TO A P ERSON 19 DESCRIBED UNDER SUBS ECTION (D)(1)(II) OR (IV) OF THIS SECTION IF T HE 20 APPLICANT OR ANY OF THE APPLICANT ’S AFFILIATES, INCLUDING AN ENTITY UNDER 21 COMMON CONTROL , IS KNOWINGLY ACCEPTI NG REVENUE THAT IS D IRECTLY OR 22 INDIRECTLY DERIVED F ROM: 23 (I) A JURISDICTION ON TH E BLACK LIST OF MONEY 24 LAUNDERING COUNTRIES ESTABLISHED BY THE FINANCIAL ACTION TASK FORCE; 25 (II) A JURISDICTION D ESIGNATED AS A STATE SPONSOR OF 26 TERRORISM BY THE UNITED STATES; OR 27 (III) A JURISDICTION IN WH ICH ONLINE CASINO GA MING IS 28 PROHIBITED AND THE R EVENUE IS DERIVED FR OM ONLINE CASINO GAM ING IN THAT 29 JURISDICTION. 30 (2) IF AT ANY TIME DURING THE LICENSURE OF A PERSON DESCRIBED 31 UNDER SUBSECTION (D)(1)(II) OR (IV) OF THIS SECTION THE COMMISSION 32 DETERMINES THAT THE LICENSE HOLDER OR AN Y OF THE LICENSE HOL DER’S 33 AFFILIATES, INCLUDING AN ENTITY UNDER COMMON CONTROL , IS KNOWINGLY 34 10 SENATE BILL 340 ACCEPTING REVENUE TH AT IS DIRECTLY O R INDIRECTLY DERIVED FROM A 1 JURISDICTION DESCRIB ED UNDER PARAGRAPH (1) OF THIS SUBSECTION , THE 2 COMMISSION MAY REVOKE THE LICENSE OF THE L ICENSE HOLDER IF THE 3 COMMISSION DETERMINES THAT, AFTER NOTICE AND OPP ORTUNITY FOR A 4 HEARING, IT WOULD FURTHER THE PUBLIC INTEREST TO DISCON TINUE THE 5 OPERATIONS OF THE LI CENSE HOLDER WITHIN THE STATE. 6 (3) (I) 1. IN THIS PARAGRAPH THE FOLLOWING WORDS HAVE 7 THE MEANINGS INDICAT ED. 8 2. “ILLEGAL INTERACTIVE G AMING MARKET ” MEANS A 9 JURISDICTION IN WHIC H INTERACTIVE GAMING IS PROHIBITED BY THE LAWS OF 10 THAT JURISDICTION . 11 3. “INTERACTIVE GAME CONT ENT” MEANS HARDWARE , 12 SOFTWARE, APPLICATIONS, AND SERVERS USED TO OPERATE, CONDUCT, OR OFFER 13 INTERACTIVE GAMBLING GAMES. 14 (II) THE COMMISSION SHALL REQU IRE A PERSON DESCRIB ED 15 UNDER SUBSECTION (D)(1)(II) AND (IV) OF THIS SUBSECTION , ON APPLICATION FOR 16 A LICENSE AND ANNUAL LY FOLLOWING THE ISS UANCE OF A LICENSE , TO SUBMIT A 17 DISCLOSURE STATING T HE JURISDICTIONS IN WHICH THE APPLICANT OR LICENSE 18 HOLDER OR ANY AFFILI ATE OF THE APPLICA NT OR LICENSE HOLDER , DURING THE 19 IMMEDIATELY PRECEDIN G 12–MONTH PERIOD , DIRECTLY OR INDIRECT LY 20 ACCEPTED REVENUE FRO M THE SUPPLY OF INTE RACTIVE GAME CONTENT IN AN 21 ILLEGAL INTERACTIVE GAMING MARKET . 22 (III) A MATERIAL MISREPRESEN TATION OR OMISSION O N THE 23 DISCLOSURE REQUIRED U NDER SUBPARAGRAPH (II) OF THIS PARAGRAPH MA Y, IN 24 THE DISCRETION OF TH E COMMISSION, RESULT IN THE DENIAL OF AN APPLICATION 25 FOR A LICENSE UNDER THIS SUBTITLE OR , IN THE CASE OF A LIC ENSE HOLDER , 26 DISCIPLINARY ACTION , INCLUDING A SUSPENSI ON OR REVOCATION OF THE LICENSE 27 AND PENALTIES FOR OF FICERS OR BOARD MEMB ERS OF THE LICENSE H OLDER. 28 (F) THE COMMISSION SHALL ADOP T REGULATIONS THAT E STABLISH: 29 (1) THE FORM AND CONTENT OF AN APPLICATION FO R ANY LICENSE 30 REQUIRED UNDER THIS SUBTITLE; 31 (2) STANDARDS, PROCEDURES , AND RULES THAT GOVER N THE 32 CONDUCT AND OPERATIO N OF INTERNET GAMING ; AND 33 (3) ANY OTHER REGULATION NECESSARY TO CARRY O UT THE 34 PROVISIONS OF THIS S UBTITLE. 35 SENATE BILL 340 11 9–1F–03. 1 (A) IT IS THE INTENT OF T HE GENERAL ASSEMBLY THAT THIS SU BTITLE BE 2 IMPLEMENTED IN A MAN NER THAT, TO THE EXTENT PERMIT TED BY STATE AND 3 FEDERAL LAW , MAXIMIZES THE ABILIT Y OF MINORITIES , WOMEN, AND 4 MINORITY– AND WOMEN –OWNED BUSINESSES TO PARTICIPATE IN THE INTERNET 5 GAMING INDUSTRY , INCLUDING THROUGH TH E OWNERSHIP OF ENTI TIES LICENSED 6 TO CONDUCT INTERNET GAMING . 7 (B) (1) (I) SUBJECT TO SUBPARAGRA PH (IV) OF THIS PARAGRAPH , 8 THE COMMISSION MAY ISSUE AN INTERNET GAMING LICEN SE TO: 9 1. A VIDEO LOTTERY OPER ATOR; 10 2. THE HOLDER OF A SPOR TS WAGERING FACILITY 11 LICENSE DESCRIBED UNDER § 9–1E–06(A)(2)(I)2 OR 3 OF THIS TITLE; AND 12 3. APPLICANTS THAT : 13 A. HAVE MAINTAINED THE APPLICANTS’ 14 HEADQUARTERS IN THE STATE FOR AT LEAST 10 YEARS; 15 B. EMPLOYED ON DECEMBER 31, 2024, AND CONTINUE 16 TO EMPLOY , AT LEAST 250 EMPLOYEES IN THE STATE ON A FULL –TIME OR 17 FULL–TIME EQUIVALENT BASI S; 18 C. DURING THE PERIOD BE GINNING JANUARY 1, 2018, 19 AND ENDING DECEMBER 31, 2024, FILED AN APPLICATION OR RENEWAL 20 APPLICATION TO OWN A N EQUITY INTEREST OF AT LEAST 5% IN A VIDEO LOTTERY 21 OPERATOR AND WERE FO UND BY THE COMMISSION TO BE QUAL IFIED; 22 D. AGREE TO OPERATE THE INTERNET GAMING 23 BUSINESS USING A BRA ND ASSOCIATED WITH A MARYLAND–BASED APPLICANT , 24 SUBJECT TO WAIVER BY THE COMMISSION AFTER 1 FULL YEAR OF OPERATI ON; AND 25 E. COMMIT TO SPEND AT LEAST $5,000,000 DURING THE 26 INITIAL TERM OF THE INTERNET GAMING LICEN SE TO BUILD AND OPER ATE A LIVE 27 GAMING STUDIO , AS DEFINED UNDER § 9–1F–10 OF THIS SUBTITLE , OR A STUDIO 28 FOR TELEVISION AND F ILM PRODUCTIONS UNDE R THE AUSPICES OF TH E 29 MARYLAND FILM OFFICE WITHIN THE MARYLAND DEPARTMENT OF COMMERCE 30 DIVISION OF TOURISM, FILM, AND THE ARTS. 31 12 SENATE BILL 340 (II) 1. THE COMMISSION MAY ISSUE A VIDEO LOTTERY 1 OPERATOR AN ADDITION AL INTERNET GAMING LICEN SE IF, AT THE TIME OF 2 APPLICATION FOR A LI CENSE UNDER SUBPARAG RAPH (I)1 OF THIS PARAGRAPH , 3 THE VIDEO LOTTERY OP ERATOR CONCURRENTLY APPLIES FOR A LICENS E THAT THE 4 VIDEO LOTTERY OPERAT OR AGREES TO OPERATE IN PARTNERSHIP WITH SOCIAL 5 EQUITY APPLICANTS WH O DEMONSTRATE DIRECT OR INDIRECT OWNERSHI P OF AT 6 LEAST 33% IN A JOINT VENTURE. 7 2. IF A VIDEO LOTTERY OP ERATOR APPLIES FOR A 8 LICENSE IN ACCORDANC E WITH SUBSUBPARAGRA PH 1 OF THIS SUBPARAGRAPH , 9 THE COMMISSION MAY ISSUE THE VIDEO LOTTERY OP ERATOR AN ADDITIONAL 10 LICENSE THAT THE VID EO LOTTERY OPERATOR MAY OPERATE SUBJECT TO 11 SUBPARAGRAPH (IV) OF THIS PARAGRAPH . 12 3. IF THE SOCIAL EQUITY APPLICANT WITH WHOM THE 13 VIDEO LOTTERY OPERAT OR AGREES TO PARTNER IN ACCORDANCE WITH 14 SUBSUBPARAGRAPH 1 OR 2 OF THIS SUBPARAGRAPH IS THE HOLDER OF A S PORTS 15 WAGERING FACILITY LI CENSE DESCRIBED UNDER § 9–1E–06(A)(2)(I)2 OR 3 OF THIS 16 TITLE, THE HOLDER OF THE SP ORTS WAGERING FACILI TY LICENSE DESCRIBED 17 UNDER § 9–1E–06(A)(2)(I)2 OR 3 OF THIS TITLE MAY NO T APPLY FOR A LICENS E IN 18 ACCORDANCE WITH SUBP ARAGRAPH (I)2 OF THIS PARAGRAPH . 19 (III) 1. IF A VIDEO LOTTERY OPERATO R THAT IS ELIGIBLE T O 20 RECEIVE AN INTERNET GAMING LICEN SE UNDER SUBPARAGRAP H (I) OF THIS 21 PARAGRAPH FAILS TO A PPLY FOR A LICENSE F OR WHICH THE ENTITY IS 22 POTENTIALLY ELIGIBLE , INCLUDING THE ADDITI ONAL LICENSES DESCRI BED 23 UNDER SUBPARAGRAPH (II) OF THIS PARAGRAPH , THE COMMISSION MAY ISSUE THE 24 OTHERWISE AVAILABLE INTERNET GAMING LICEN SES THROUGH TWO COMP ETITIVE 25 LICENSING ROUNDS TO APPLICANTS THAT MEET THE REQUIREMENTS FOR AN 26 INTERNET GAMING LICEN SE UNDER THIS SUBTIT LE. 27 2. IN ADDITION TO T HE LICENSES DESCRIBE D UNDER 28 SUBSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH , THE COMMISSION MAY ISSUE FIVE 29 INTERNET GAMING LICEN SES THROUGH TWO COMP ETITIVE LICENSING RO UNDS TO 30 APPLICANTS THAT MEET THE REQUIREMENTS FOR AN INTERNET GAMING LICEN SE 31 UNDER THIS SUBTITLE . 32 3. THE FIRST ROUND OF AP PLICATIONS FOR LICEN SES 33 DESCRIBED UNDER SUBS UBPARAGRAPHS 1 AND 2 OF THIS SUBPARAGRAPH SHALL 34 BE AVAILABLE TO APPL ICANTS THAT DEMONSTR ATE DIRECT OR INDIRE CT 35 OWNERSHIP OF AT LEAS T 33% BY SOCIAL EQUITY APP LICANTS. 36 4. IF ANY L ICENSES DESCRIBED UN DER 37 SUBSUBPARAGRAPHS 1 AND 2 OF THIS SUBPARAGRAPH REMAIN AVAILABLE AFT ER 38 SENATE BILL 340 13 THE FIRST ROUND OF A PPLICATIONS DESCRIBE D UNDER SUBSUBPARAGR APH 3 OF 1 THIS SUBPARAGRAPH , THE REMAINING LICENS ES SHALL BE AVAILABL E TO 2 APPLICANTS WHO SATIS FY THE REQ UIREMENTS UNDER SUBP ARAGRAPH (IV) OF 3 THIS PARAGRAPH . 4 (IV) 1. EXCEPT AS PROVIDED UN DER SUBSUBPARAGRAPH 2 5 OF THIS SUBPARAGRAPH , THE COMMISSION MAY NOT IS SUE A LICENSE TO AN 6 APPLICANT THAT HAS N OT DEMONSTRATED DIRE CT OR INDIRECT OWNER SHIP OF 7 AT LEAST 5% BY INDIVIDUALS WHO A RE SOCIAL EQUITY APP LICANTS. 8 2. THE COMMISSION MAY ISSUE A LICENSE TO AN 9 APPLICANT THAT , IN LIEU OF THE OWNER SHIP REQUIREMENT DES CRIBED UNDER 10 SUBSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH , HAS ESTABLISHED A 11 PROFIT–SHARING AGREEMENT WI TH NONMANAGEMENT EMPLOY EES WHO WOULD 12 OTHERWISE QUALIFY AS SOCIAL EQUITY APPLIC ANTS. 13 (V) THE COMMISSION SHALL REVI EW EACH APPLICATION FOR 14 AN INTERNET GAMING LICEN SE UNDER THIS SECTIO N TO ENSURE THAT 15 APPLICANTS SATISFY T HE SOCIAL EQUITY APP LICANT OWNERSHIP REQUIREMENTS 16 UNDER THIS SUBSECTIO N. 17 (VI) IN ADDITION TO ANY OT HER FACTORS ESTABLIS HED BY THE 18 COMMISSION BY REGULAT ION TO ENSURE COMPLI ANCE WITH THIS SUBTI TLE, THE 19 COMMISSION SHALL REVI EW APPLICATIONS FOR INTERNET GAMING LICEN SES 20 UNDER SUBPARAGRAPH (III) OF THIS PARAGRAPH BASED ON: 21 1. THE PERCENTAGE OF OW NERSHIP BY INDIVIDUA LS 22 WHO ARE SOCIAL EQUIT Y APPLICANTS; 23 2. THE APPLICANT ’S FINANCIAL STABILIT Y, 24 RESOURCES, INTEGRITY, AND BUSINESS ABILITY AND ACUMEN ; 25 3. THE APPLICANT ’S WORKFORCE DEV ELOPMENT 26 PLANS FOR INTERNET GAMING INDUS TRY EMPLOYEES IN THE STATE; 27 4. THE APPLICANT ’S PLANS FOR EMPLOYIN G 28 INDIVIDUALS IN THE INTERNET GAMING INDUS TRY WHO RESIDE IN EC ONOMICALLY 29 DISADVANTAGED AREAS ; AND 30 5. THE APPLICANT ’S RESPONSIBLE GAMING PROGRAMS 31 AND AN EFFECTIVE GOV ERNANCE AND COMPLIAN CE PROGRAM . 32 14 SENATE BILL 340 (2) (I) THE COMMISSION MAY CONTRA CT WITH A CONSULTANT TO 1 ASSIST THE COMMISSION WITH THE D EVELOPMENT OF AN INTERNET GAMING 2 LICENSE APPLICATION AND THE REVIEW OF AP PLICANTS. 3 (II) AS PART OF THE R EVIEW OF AN APPLICAT ION FOR AN 4 INTERNET GAMING LICEN SE, THE COMMISSION SHALL DETE RMINE WHETHER THE 5 ISSUANCE OF A LICENS E TO THE APPLICANT S ERVES THE PUBLIC INT EREST. 6 (3) (I) 1. THE INITIAL LICENSE F EE FOR AN INTERNET GAMING 7 LICENSE IS EQUAL TO $1,000,000. 8 2. THE COMMISSION MAY AUTHOR IZE THE PAYMENT OF 9 THE FEE REQUIRED UND ER SUBSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH IN 10 SEPARATE INSTALLMENT S. 11 (II) THE TERM OF AN INTERNET GAMING LICEN SE IS 5 YEARS. 12 (4) (I) ON APPLICATION BY AN INTERNET GAMING LICENSEE AND 13 PAYMENT OF A LICENSE RENEWAL FEE UNDER SU BPARAGRAPH (II) OF THIS 14 PARAGRAPH , THE COMMISSION SHALL RENE W FOR 5 YEARS AN INTERNET GAMING 15 LICENSE IF THE LICEN SEE COMPLIES WITH AL L STATUTORY AND REGU LATORY 16 REQUIREMENTS . 17 (II) THE LICENSE RENEWAL F EE IS EQUAL TO 1% OF THE 18 INTERNET GAMING LICEN SEE’S AVERAGE ANNUAL PRO CEEDS RETAINED BY TH E 19 LICENSEE UNDER § 9–1F–05(B)(1)(II) OF THIS SUBTITLE FOR THE PRECEDING 20 3–YEAR PERIOD. 21 (C) ON A PROPERLY APPROVE D TRANSMITTAL PREPAR ED BY THE 22 COMMISSION, THE COMPTROLLER SHALL PAY THE FOLLOWING AMOUNT S FROM 23 THE LICENSE FEES COL LECTED BY THE COMMISSION UNDER THIS SECTION: 24 (1) AN AMOUNT TO THE STATE LOTTERY AND GAMING CONTROL 25 AGENCY NECESSARY TO R EIMBURSE THE AGENCY FOR EXPENSES R ELATED TO THE 26 ISSUANCE AND RENEWAL OF LICENSES UNDER TH IS SECTION; 27 (2) 1% TO THE PROBLEM GAMBLING FUND ESTABLISHED UNDE R § 28 9–1A–33 OF THIS TITLE; AND 29 (3) THE REMAINDER TO THE BLUEPRINT FOR MARYLAND’S FUTURE 30 FUND ESTABLISHED UNDE R § 5–206 OF THE EDUCATION ARTICLE. 31 (D) FOR ALL LICENSES REQU IRED UNDER THIS SECT ION, IF AN APPLICANT 32 HOLDS A VALID GAMING OR GAMING OPERATION LICENSE IN THIS STATE OR AT 33 SENATE BILL 340 15 LEAST THREE OTHER ST ATES AND THE COMMISSION DETERMINES THAT THE 1 LICENSING STANDARDS OF THE ISSUING AGENC Y ARE COMPREHE NSIVE AND 2 THOROUGH AND PROVIDE SIMILAR AND ADEQUATE SAFEGUARDS TO THOSE 3 PROVIDED IN THIS SUB TITLE, THE COMMISSION MAY : 4 (1) WAIVE SOME OR ALL OF THE REQUIREMENTS OF THIS SECTION; 5 AND 6 (2) ISSUE A LICENSE TO T HAT APPLICANT . 7 (E) (1) WITHIN 30 DAYS AFTER THE ISSUANCE OF AN INTERNET GAMING 8 LICENSE, THE INTERNET GAMING LICEN SEE SHALL SUBMIT TO THE COMMISSION A 9 DIVERSITY PLAN THAT DESCRIBES THE STEPS THAT THE LICENSEE WI LL TAKE TO 10 PROMOTE MEANINGFUL D IVERSITY AMONG ITS O WNERS, INVESTORS, MANAGERS, 11 EMPLOYEES, AND CONTRACTORS AND TO PROMOTE EQUALITY OF OPPORTUNITY . 12 (2) EACH INTERNET GAMING LICEN SEE SHALL MAKE GOOD FAITH 13 EFFORTS TO MEET THE DIVERSITY OBJECTIVES OUTLINED IN THE DIVE RSITY PLAN 14 SUBMITTED UNDER PARA GRAPH (1) OF THIS SUBSECTION A ND REPORT TO THE 15 COMMISSION ANY NECESS ARY METRICS TO MEASU RE PROGRESS IN MEETI NG THOSE 16 OBJECTIVES. 17 (3) THE COMMISSION MAY MAKE T HE DIVERSITY PLANS A ND 18 METRICS SUBMITTED IN ACCORDANCE WITH THIS SUBSECTION AVAILABLE TO THE 19 PUBLIC. 20 (F) (1) AN INTERNET GAMING LICEN SEE MAY NOT TRANSFER 21 OWNERSHIP OR CONTROL OF THE LICENSE FOR A PERIOD OF AT LEAST 3 YEARS 22 FOLLOWING ISSUANCE O F THE LICENSE. 23 (2) THE LIMITATIONS UNDER THIS SUBSECTION DO N OT APPLY TO 24 TRANSFERS AS A RESUL T OF THE DISABILITY , INCAPACITY, OR DEATH OF THE 25 OWNER OF AN INTERNET GAMING LICEN SE, BANKRUPTCY OR RECEIV ERSHIP IN 26 ACCORDANCE WITH A LE NDING AGREEMENT OF A N INTERNET GAMING LICEN SEE, 27 OR COURT ORDER . 28 9–1F–04. 29 (A) AN INTERNET GAMING LICEN SEE: 30 (1) SHALL: 31 (I) COMPLY WITH ALL STATE AND FEDERAL DAT A PRIVACY AND 32 SECURITY LAWS ; 33 16 SENATE BILL 340 (II) MAINTAIN ALL INTERNET GAMING DATA SECURELY FOR AT 1 LEAST 5 YEARS; 2 (III) AUTHORIZE ONLY INDIV IDUALS WHO ARE AT LE AST 21 3 YEARS OF AGE TO ENGA GE IN INTERNET GAMING ; AND 4 (IV) VERIFY AN INDIVIDUAL ’S AGE AND IDENTITY A T THE TIME 5 THE INDIVIDUAL ESTAB LISHES AN INTERNET GAMING ACCOU NT AND PERIODICALLY 6 REVERIFY THE INDIVID UAL’S IDENTITY; AND 7 (2) MAY NOT: 8 (I) SHARE ANY PERSONALLY IDENTIFIABLE INFORMA TION 9 WITH ANY THIRD PARTI ES WITHOUT PERMISSIO N, EXCEPT AS NEEDED TO OPERATE 10 INTERNET GAMING , ADMINISTER THE LICEN SEE’S OBLIGATIONS UNDER THIS 11 SUBTITLE, AND SUPPORT PROBLEM GAMBLING INITIATIVES ; 12 (II) TARGET ADVERTISING T O INDIVIDUALS WHO AR E 13 PROHIBITED FROM PART ICIPATING IN GAMBLIN G ACTIVITIES UNDER T HIS TITLE 14 AND OTHER AT–RISK INDIVIDUALS; OR 15 (III) ENGAGE IN ANY FALSE OR DECEPTIVE ADVERTI SING. 16 (B) (1) THE FINDINGS AND EVID ENCE RELIED ON BY TH E GENERAL 17 ASSEMBLY FOR THE CONT INUATION OF THE MINORITY BUSINESS ENTERPRISE 18 PROGRAM UNDER TITLE 14, SUBTITLE 3 OF THE STATE FINANCE A ND 19 PROCUREMENT ARTICLE ARE INCORPORA TED IN THIS SUBSECTI ON. 20 (2) TO THE EXTENT PRACTIC ABLE AND AUTHORIZED BY THE UNITED 21 STATES CONSTITUTION, AN INTERNET GAMING LICEN SEE SHALL COMPLY WIT H THE 22 STATE’S MINORITY BUSINESS ENTERPRISE PROGRAM. 23 (3) (I) WITHIN 6 MONTHS AFTER THE ISS UANCE OF AN INTERNET 24 GAMING LICENSE UNDER THIS SUBTITLE, THE GOVERNOR’S OFFICE OF SMALL, 25 MINORITY, AND WOMEN BUSINESS AFFAIRS, IN CONSULTATION WITH THE OFFICE 26 OF THE ATTORNEY GENERAL AND THE INTERNET GAMING LICEN SEE, SHALL 27 ESTABLISH A CLEAR PLAN FOR SET TING REASONABLE AND APPROPRIATE MINORITY 28 BUSINESS ENTERPRISE PARTICIPATION GOALS AND PROCEDURES FOR T HE 29 PROCUREMENT OF GOODS AND SERVICES RELATED TO INTERNET GAMING . 30 (II) TO THE EXTENT PRACTIC ABLE, THE GOALS AND 31 PROCEDURES SPECIFIED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH SH ALL BE 32 BASED ON THE REQUIRE MENTS OF TITLE 14, SUBTITLE 3 OF THE STATE FINANCE 33 SENATE BILL 340 17 AND PROCUREMENT ARTICLE AND THE REGUL ATIONS IMPLEMENTING THAT 1 SUBTITLE. 2 (C) AN APPLICANT FOR AN INTERNET GAMING LICEN SE, AN INTERNET 3 GAMING LICENSEE , OR AN ENTITY THAT OP ERATES A LIVE DEALER STUDIO ON 4 BEHALF OF AN INTERNET GAMING LICEN SEE SHALL PRODUCE INFORM ATION, 5 DOCUMENTATION , AND ASSURANCES TO ES TABLISH BY CLEAR AND CONVINCING 6 EVIDENCE THAT : 7 (1) UNLESS THE APPLICANT , LICENSEE, OR LIVE DEALER STUDI O 8 OPERATOR ALREADY HAS A COLLEC TIVE BARGAINING AGRE EMENT, THE 9 APPLICANT, LICENSEE, OR LIVE DEALER STUDI O OPERATOR HAS ENTERED INTO A 10 LABOR PEACE AGREEMEN T WITH EACH LABOR OR GANIZATION THAT IS ACTIVEL Y 11 ENGAGED IN REPRESENT ING OR ATTEMPTING TO REPRESENT INTERNET GAMING 12 INDUSTRY WORKERS , INCLUDING DEALERS CO NDUCTING LIVE DEALER GAMES IN 13 ACCORDANCE WITH § 9–1F–10 OF THIS SUBTITLE, IN THE STATE; 14 (2) THE LABOR PEACE AGRE EMENT IS VALID AND ENFORCEABLE 15 UNDER 29 U.S.C. § 158; 16 (3) THE LABOR PEACE AGRE EMENT PROTECTS THE STATE’S 17 REVENUES BY PROHIBIT ING THE LABOR ORGANI ZATION AND ITS MEMBE RS FROM 18 ENGAGING IN PICKETIN G, WORK STOPPAGES , BOYCOTTS, AND ANY OTHER 19 ECONOMIC INTERFERENC E WITH THE OPERATION OF INTERNET GAMING WITHI N 20 THE FIRST 5 YEARS AFTER THE EFFE CTIVE DATE OF AN INTERNET GAMING LICEN SE; 21 AND 22 (4) THE APPLICANT , LICENSEE, OR LIVE DEALER STUDI O OPERATOR 23 INTENDS TO MAINTAIN A NEUTRAL POSITION O N THE UNIONIZATION O F ANY 24 EMPLOYEES OF THE APPLICANT , LICENSEE, OR OPERATOR , INCLUDING BY 25 REFRAINING FROM MAKI NG ANY STATEMENT OR IMPLICATION THAT THE 26 APPLICANT, LICENSEE, OR OPERATOR : 27 (I) OPPOSES THE SELECTIO N OR DESELECTION OF A 28 COLLECTIVE BARGAININ G AGENT; OR 29 (II) SUPPORTS OR OPPOSES THE SELECTION OF A P ARTICULAR 30 LABOR ORGANIZATION A S A COLLECTIVE BARGA INING AGENT. 31 9–1F–05. 32 (A) (1) THE COMMISSION SHALL ACCO UNT TO THE COMPTROLLER FOR 33 ALL OF THE REVENUE U NDER THIS SUBTITLE . 34 18 SENATE BILL 340 (2) THE PROCEEDS FROM INTERNET GAMING , LESS THE AMOUNT 1 RETAINED BY THE LICENS EE UNDER SUBSECTION (B)(1)(II) OF THIS SECTION , 2 SHALL BE UNDER THE C ONTROL OF THE COMPTROLLER AND DISTR IBUTED AS 3 PROVIDED UNDER SUBSE CTION (B) OF THIS SECTION. 4 (B) (1) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 5 PARAGRAPH , ALL PROCEEDS FROM INTERNET GAMING SHALL BE ELECTRONICALLY 6 TRANSFERRED DAILY INTO THE STATE LOTTERY FUND ESTABLISHED UNDE R 7 SUBTITLE 1 OF THIS TITLE. 8 (II) A LICENSEE SHALL RETAI N: 9 1. 80% OF THE PROCEEDS FROM LIVE DEALER GAMES 10 CONDUCTED BY THE LIC ENSEE IN ACCORDANCE WITH § 9–1F–10 OF THIS SUBTITLE; 11 AND 12 2. 45% OF THE PROCEEDS RECE IVED BY THE LICENSEE 13 FROM ALL OTHER INTERNET GAMING . 14 (2) ALL PROCEEDS FROM INTERNET GAMING IN TH E STATE LOTTERY 15 FUND ESTABLISHED UNDE R SUBTITLE 1 OF THIS TITLE SHALL BE DISTRIBUTED ON 16 A MONTHLY BASIS , ON A PROPERLY APPROV ED TRANSMITTAL PREPA RED BY THE 17 COMMISSION IN THE FOL LOWING MANNER : 18 (I) FOR THE FIRST 12 MONTHS THAT INTERNET GAMING IS IN 19 OPERATION IN THE STATE, UP TO $10,000,000 TO THE VIDEO LOTTERY FACILITY 20 EMPLOYEE DISPLACEMENT FUND ESTABLISHED UNDE R § 9–1F–13 OF THIS 21 SUBTITLE; 22 (II) TO JURISDICTIONS WIT H VIDEO LOTTERY FACI LITIES 23 BASED ON EACH JURISD ICTION’S PERCENTAGE OF OVER ALL GROSS REVENUES 24 FROM VIDEO LOTTERY T ERMINALS FOR THE PUR POSES DESCRIBED UNDE R § 25 9–1A–31(B) OF THIS TITLE: 26 1. $6,500,000 IN FISCAL YEAR 2027; 27 2. $8,300,000 IN FISCAL YEAR 2028; 28 3. $10,000,000 IN FISCAL YEAR 2029; 29 4. $11,300,000 IN FISCAL YEAR 2030; AND 30 5. $11,400,000 IN FISCAL YEAR 2031; 31 SENATE BILL 340 19 (III) TO THE PURSE DEDICATION ACCOUNT ESTABLISHED 1 UNDER § 9–1A–28 OF THIS TITLE: 2 1. $4,900,000 IN FISCAL YEAR 2027; 3 2. $6,300,000 IN FISCAL YEAR 2028; 4 3. $7,600,000 IN FISCAL YEAR 2029; 5 4. $8,600,000 IN FISCAL YEAR 2030; AND 6 5. $8,700,000 IN FISCAL YEAR 2031; 7 (IV) TO THE RACETRACK FACILITY RENEWAL ACCOUNT 8 ESTABLISHED UNDER § 9–1A–29 OF THIS TITLE: 9 1. $900,000 IN FISCAL YEAR 2027; 10 2. $1,000,000 IN FISCAL YEAR 2028; 11 3. $1,200,000 IN FISCAL YEAR 2029; AND 12 4. $700,000 IN EACH OF FISCAL YEARS 2030 AND 2031; 13 (V) TO THE SMALL, MINORITY, AND WOMEN–OWNED 14 BUSINESSES ACCOUNT ESTABLISHED U NDER § 5–1501 OF THE ECONOMIC 15 DEVELOPMENT ARTICLE: 16 1. $1,300,000 IN FISCAL YEAR 2027; 17 2. $1,600,000 IN FISCAL YEAR 2028; 18 3. $1,900,000 IN FISCAL YEAR 2029; AND 19 4. $2,200,000 IN EACH OF FISCAL YE ARS 2030 AND 2031; 20 (VI) 1% OF ALL PROCEEDS TO THE STATE LOTTERY AND 21 GAMING CONTROL AGENCY FOR THE COST O F PERFORMING BACKGRO UND 22 INVESTIGATIONS AND O THER REGULATORY ACTI VITIES; 23 (VII) 1% OF ALL PROCEEDS TO THE PROBLEM GAMBLING FUND 24 ESTABLISHED UNDER § 9–1A–33 OF THIS TITLE; 25 (VIII) 1% OF ALL PROCEEDS TO COUNTY GOVERNING BODIES, 26 DISTRIBUTED TO EACH COUNTY BASED ON THE COUNTY’S CURRENT FISCAL YEA R 27 20 SENATE BILL 340 ENROLLMENT COUNT , AS DEFINED IN § 5–201 OF THE EDUCATION ARTICLE, TO BE 1 USED TO ASSIST COUNT IES IN MEETING THEIR EDUCATION FUNDING 2 REQUIREMENTS UNDER § 5–235(A) OF THE EDUCATION ARTICLE; AND 3 (IX) THE REMAINDER TO THE BLUEPRINT FOR MARYLAND’S 4 FUTURE FUND ESTABLISHED UNDE R § 5–206 OF THE EDUCATION ARTICLE. 5 9–1F–06. 6 (A) IN ORDER TO ASSIST IN DIVIDUALS WHO MAY HA VE A GAMBLING 7 PROBLEM, AN INTERNET GAMING LICEN SEE SHALL: 8 (1) CAUSE THE WORDS “IF YOU OR SOMEONE YOU KNOW HAS A 9 GAMBLING PROBLEM AND WANTS HELP , CALL 1–800–GAMBLER” OR SOME 10 COMPARA BLE LANGUAGE APPROVE D BY THE COMMISSION TO BE DISP LAYED 11 PROMINENTLY AT LOG –ON AND LOG–OFF TIMES TO ANY IND IVIDUAL VISITING OR 12 LOGGED ONTO AN INTERNET GAMING PLATF ORM; 13 (2) REQUIRE AN INTERNET GAMING ACCOU NT HOLDER TO ESTABLI SH 14 A LIMIT ON THE AMOUN T OF MONEY DEPOSITED WITHIN A SPECIFIED PERIOD O F 15 TIME AND THE LENGTH OF TIME THE ACCOUNT HOLDER WILL BE UNABL E TO 16 PARTICIPATE IN INTERNET GAMING AND M AKE ADDITIONAL DEPOS ITS IF THE 17 ACCOUNT HOLDER REACH ES THE ESTABLISHED D EPOSIT LIMIT; 18 (3) PROVIDE A MECHANISM BY WHICH AN INTERNET GAMING 19 ACCOUNT HOLDER MAY E STABLISH A TEMPORARY SUSPENSI ON OF INTERNET 20 GAMING ACTIVITY THRO UGH THE ACCOUNT FOR ANY NUMBER OF HOURS OR DAYS; 21 (4) PROHIBIT THE USE OF CREDIT CARDS FOR ANY INTERNET 22 GAMING–RELATED TRANSACTIONS ; AND 23 (5) (I) CAUSE THE DISPLAY OF A PROBLEM GAMBLING 24 DISCLOSURE CONCERNIN G THE RISKS ASSOCIAT ED WITH GAMBLING AND THE 25 SUPPORT AVAILABLE TO PROBLEM GAMBLERS AT ACCOUNT LOGIN ; 26 (II) REQUIRE AN INDIVIDUA L TO CERTIFY THAT TH E 27 INDIVIDUAL HAS READ THE DISCLOSURE D ESCRIBED UNDER ITEM (I) OF THIS ITEM 28 BEFORE ESTABLISHING AN INTERNET GAMING ACCOU NT; AND 29 (III) REQUIRE EACH USER TO CERTIFY ON A MONTHLY BASIS 30 THAT THE USER HAS RE AD THE DISCLOSURE DE SCRIBED UNDER ITEM (I) OF THIS 31 ITEM. 32 SENATE BILL 340 21 (B) IF A SUSPENSION OF INTERNET GAMING ACTIV ITY UNDER SUBSECTION 1 (A)(3) OF THIS SECTION IS I MPOSED BY THE ACCOUN T HOLDER FOR AT LEAS T 72 2 HOURS, THE INTERNET GAMING LICEN SEE MAY NOT SEND GAM ING–RELATED 3 ELECTRONIC MAIL TO T HE ACCOUNT HOLDER UN TIL THE SUSPENSION E XPIRES. 4 (C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 5 AN INTERNET GAMING LICEN SEE SHALL PROVIDE A MECHANISM BY WHICH A N 6 ACCOUNT HOLDER MAY P ERIODICALLY CHANGE THE CONTROLS ON GAMING 7 ACTIVITY IMPOSED BY THE ACCOUNT HOLDER U NDER THIS SECTION . 8 (2) IF THE ACCOUNT IS SUSPENDED BY THE ACCOUNT HOLDE R 9 UNDER SUBSECTION (A)(3) OF THIS SECTION , THE ACCOUNT HOLDER M AY NOT 10 CHANGE GAMING CONTRO LS UNTIL THE SUSPENS ION EXPIRES. 11 (3) IF AN INDIVIDUAL SEEK S TO INCREASE THE LI MIT ON THE 12 AMOUNT OF MONEY THAT THE INDIVIDUAL MAY DEPOSIT WITH IN A PERIOD OF TIME 13 SPECIFIED UNDER SUBS ECTION (A)(2) OF THIS SECTION , THE INTERNET GAMING 14 LICENSEE MAY NOT REF LECT THE INCREASED L IMIT FOR AT LEAST 24 HOURS. 15 (D) NOTWITHSTANDING A TEM PORARY SUSPENSION OF INTERNET GAMING 16 ACTIVITY IMPO SED BY AN ACCOUNT HO LDER UNDER SUBSECTIO N (A)(3) OF THIS 17 SECTION, THE ACCOUNT HOLDER M AY CONTINUE TO HAVE ACCESS TO THE ACCOUN T 18 AND IS AUTHORIZED TO WITHDRAW FUNDS FROM THE ACCOUNT ON PROPE R 19 APPLICATION TO THE INTERNET GAMING LICEN SEE. 20 (E) (1) THE COMMISSION SHALL ADOP T REGULATIONS THAT A RE 21 INTENDED TO REDUCE O R MITIGATE THE EFFEC TS OF PROBLEM GAMBLI NG. 22 (2) THE REGULATIONS SHALL : 23 (I) INCLUDE ESTABLISHMEN T OF A VOLUNTARY EXC LUSION 24 LIST OF INDIVIDUALS WITH GAMBLING PROBLE MS WHO HAVE REQUESTE D TO BE 25 EXCLUDED FROM ANY INTERNET GAMING LICEN SED UNDER THIS SUBTI TLE; AND 26 (II) PROVIDE A SIMPLE MEC HANISM FOR AN INDIVI DUAL WHO IS 27 SOBER AND INFORMED T O REQUEST PLACEMENT ON THE VOLUNTARY EXC LUSION 28 LIST FOR A SPECIFIED PERIOD OF TIME. 29 (3) UNLESS AN I NDIVIDUAL REQUESTING PLACEMENT ON THE 30 VOLUNTARY EXCLUSION LIST AFFIRMATIVELY D ECLINES THE PROVISIO N OF THE 31 INDIVIDUAL’S CONTACT INFORMATIO N TO THE MARYLAND CENTER OF 32 EXCELLENCE ON PROBLEM GAMBLING, THE COMMISSION SHALL PROV IDE THE 33 INDIVIDUAL’S CONTACT INFO RMATION TO THE CENTER FOR THE PURPOS E OF 34 22 SENATE BILL 340 PROVIDING THE INDIVI DUAL INFORMATION ABO UT FREE AND CONFIDEN TIAL 1 RESPONSIBLE GAMBLING ASSISTANCE. 2 (4) AN INTERNET GAMING LICEN SEE: 3 (I) MAY NOT PERMIT AN IN DIVIDUAL ON THE VOLU NTARY 4 EXCLUSION LIST TO ES TABLISH AN INTERNET GAMING ACCOU NT OR ENGAGE IN 5 INTERNET GAMING ; AND 6 (II) MAY PERMIT AN INDIVI DUAL ON THE VOLUNTAR Y 7 EXCLUSION LIST WHO P REVIOUSLY ESTABLISHE D AN INTERNET GAMING ACCOU NT 8 TO ACCESS THE ACCOUN T ONLY FOR THE PURPO SE OF VIEWING AND DO WNLOADING 9 THE INDIVIDUAL’S TRANSACTION HISTOR Y. 10 (5) THE COMMISSION MAY IMPOSE SANCTIONS ON A LICEN SEE IN 11 ACCORDANCE WITH THIS SUBTITLE IF THE LICE NSEE KNOWINGLY FAILS TO 12 EXCLUDE AN INDIVIDUA L ON THE VOLUNTARY E XCLUSION LIST FROM E NGAGING IN 13 INTERNET GAMING . 14 (F) AT LEAST ONCE EACH YEAR , EACH INTERNET GAMING LICEN SEE SHALL 15 REPORT TO THE COMMISSION ON : 16 (1) THE NUMBER OF PLAYER S THAT THE INTERNET GAMING 17 LICENSEE HAS IDENTIF IED AS ENGAGING IN E RRATIC OR INCREASED GAMBLING 18 BEHAVIOR; AND 19 (2) THE NUMBER AND LENGT H OF ANY BANS OR SUSPENSI ONS IN 20 RESPONSE TO THE BEHA VIOR DESCRIBED UNDER ITEM (1) OF THIS SUBSECTION . 21 9–1F–07. 22 (A) THE COMMISSION MAY IMPOSE A PENALTY NOT EXCEED ING $1,000,000 23 AGAINST ANY PERSON W HO KNOWINGLY : 24 (1) TAMPERS WITH SOFTWAR E, COMPUTERS , OR OTHER EQUIPMENT 25 USED TO CONDUCT INTERNET GAMING TO AL TER THE ODDS OR THE PAYOUT OF A 26 GAME OR DISABLE THE GAME FROM OPERATING ACCORDING TO THE RUL ES OF THE 27 GAME AS ADOPTED BY T HE COMMISSION; OR 28 (2) OFFERS OR ALLOWS TO BE OFFERED ANY INTERNET GAME THAT 29 HAS BEEN TAMPERED WITH IN A WAY THAT AFFECT S THE ODDS OR THE PA YOUT OF 30 A GAME OR HAS BEEN D ISABLED FROM OPERATI NG ACCORDING TO THE RULES OF 31 THE GAME AS ADOPTED BY THE COMMISSION. 32 SENATE BILL 340 23 (B) IN ADDITION TO ANY PE NALTIES IMPOSED UNDE R SUBSECTION (A) OF 1 THIS SECTION, THE COMMISSION MAY SUSPEN D, FOR NOT LESS THAN 30 DAYS, THE 2 LICENSE OF AN INTERNET GAMING LICEN SEE OR ANY OTHER PER SON REQUIRED TO 3 BE LICENSED UNDER TH IS SUBTITLE WHO IS I N VIOLATION OF SUBSE CTION (A) OF 4 THIS SECTION. 5 9–1F–08. 6 ON OR BEFORE SEPTEMBER 1 EACH YEAR, THE MARYLAND CENTER OF 7 EXCELLENCE ON PROBLEM GAMBLING SHALL REPORT TO THE GOVERNOR AND , IN 8 ACCORDANCE WITH § 2–1257 OF THIS ARTICLE, THE GENERAL ASSEMBLY ON: 9 (1) THE IMPACT OF INTERNET GAMING ON PR OBLEM GAMBLERS AND 10 GAMBLING ADDICTION I N THE STATE; AND 11 (2) THE EFFECTIVENESS OF THE STATUTORY AND RE GULATORY 12 CONTROLS IN PLACE TO ENSURE THE EFFECTIVE NESS OF MEASURES TO PROTECT 13 VULNERABLE AND PROBL EM GAMBLERS . 14 9–1F–09. 15 (A) ON OR BEFORE SEPTEMBER 1 EACH YEAR, AN INTERNET GAMING 16 LICENSEE SHALL PROVIDE ALL TRANSACT IONAL DATA AND METRI CS RELATED TO 17 INTERNET GAMING CONDU CTED IN THE STATE AND ACQUIRED BY AN OPERATOR OF 18 THE LICENSEE ON A MO NTHLY, QUARTERLY, OR ANNUAL BASIS TO MORGAN STATE 19 UNIVERSITY AND BOWIE STATE UNIVERSITY. 20 (B) THE TRANSACTIONAL DATA AND METRICS PRO VIDED IN ACCORDANCE 21 WITH SUBSECTION (A) OF THIS SECTION SHAL L EXCLUDE ANY PERSON ALLY 22 IDENTIFIABLE INFORMA TION. 23 9–1F–10. 24 (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 25 INDICATED. 26 (2) “AUTHORIZED INTERACTIV E GAME ” MEANS ANY 27 INTERNET–BASED VERSION , OR SUBSTANTIAL EQUIV ALENT, OF A TABLE GAME , 28 POKER TOURNAMENT , GAMING TOURNAMENT , OR ANY OTHER GAME TY PICALLY 29 OFFERED IN A CASINO AND APPROVED BY THE COMMISSION, INCLUDING GAMES IN 30 WHICH INDIVIDUALS WA GER MONEY OR SOMETHI NG OF MONETARY VALUE AN D 31 THAT ARE ACCESSED BY A COMPUTER OR MOBILE DEVICE THAT IS CONNE CTED TO 32 THE INTERNET. 33 24 SENATE BILL 340 (3) (I) “LIVE DEALER GAME ” MEANS AN AUTHORIZED 1 INTERACTIVE GAME CON DUCTED BY LIVE STUDI O DEALERS OR OTHER P HYSICAL 2 GAMING EQUIPMENT , SUCH AS AN AUT OMATED ROULETTE WHEE L, BALL BLOWER , 3 OR GAMING DEVICE , OR BOTH, IN A LIVE GAME ENVIR ONMENT IN WHICH THE 4 AUTHORIZED PARTICIPA NTS HAVE THE ABILITY TO PARTICIPATE IN GA ME PLAY AND 5 COMMUNICATE GAME DEC ISIONS THROUGH AN AU THORIZED INTERACTIVE GAMING 6 PLATFORM. 7 (II) “LIVE DEALER GAME ” INCLUDES A LIVE CARD GAME, A LIVE 8 TABLE GAME, AND ANY OTHER LIVE A UTHORIZED INTERACTIV E GAME. 9 (4) “LIVE GAMING STUDIO ” MEANS A PHYSICAL LOC ATION IN THE 10 STATE THAT UTILIZES L IVE VIDEO STREAMING TECHNOLOGY TO PROVID E 11 AUTHORIZED I NTERACTIVE GAMES TO A PLAYER’S INTERACTIVE GAMING DEVICE OR 12 MULTI–USE COMPUTING DEVICE . 13 (5) “LIVE STUDIO DEALER ” MEANS AN INDIVIDUAL WHO: 14 (I) LEADS A TABLE GAME , INCLUDING BLACKJACK , CRAPS, 15 POKER, ROULETTE, OR ANY OTHER AUTHORI ZED INTERACTIVE GAME , WHILE 16 ASSISTING AUTHORIZED PARTICIPANTS WITH GA ME–RELATED NEEDS ; 17 (II) DISTRIBUTES VIRTUAL CARDS, DICE, OR OTHER 18 EQUIPMENT TO AUTHORI ZED PARTICIPANTS ACC ORDING TO THE TABLE GAME OR 19 AUTHORIZED INTERACTI VE GAME; AND 20 (III) MONITORS GAME PACE A ND PLAY. 21 (B) SUBJECT TO APPROVAL B Y THE COMMISSION, AN INTERNET GAMING 22 LICENSEE MAY OFFER A UTHORIZED INTERACTIV E GAMES, INCLUDING GAMING 23 TOURNAMENTS IN WHICH PLAYERS COMPETE AGAI NST ONE ANOTHER IN O NE OR 24 MORE OF THE GAMES AU THORIZED UNDER THIS SUBTITLE OR BY THE COMMISSION 25 OR IN APPROVED VARIA TIONS OR COMPOSITES OF THOSE GAMES . 26 (C) AN INTERNET GAMING OPERA TOR MAY USE LIVE STU DIO DEALERS TO 27 ADMINISTER AN AUTHOR IZED INTERACTIVE GAM E. 28 (D) A LIVE GAMING STUDIO U SED TO CONDUCT A LIV E DEALER GAME 29 AUTHORIZED UNDER THIS SECTION: 30 (1) SHALL BE LOCATED WIT HIN THE STATE; OR 31 SENATE BILL 340 25 (2) IF THE INTERNET GAMING LICEN SEE IS A VIDEO LOTTE RY 1 OPERATOR, SHALL BE LOCATED WIT HIN THE COUNTY WITHI N WHICH THE VIDEO 2 LOTTERY FACILITY IS LOCATED. 3 9–1F–11. 4 (A) IN THIS SECTION, “GOVERNME NT” MEANS ANY GOVERNMENT AL UNIT, 5 OTHER THAN THE UNITED STATES GOVERNMENT , OF A NATIONAL, STATE, OR LOCAL 6 BODY EXERCISING GOVE RNMENTAL FUNCTIONS . 7 (B) ON RECOMMENDATION OF THE COMMISSION, THE GOVERNOR, ON 8 BEHALF OF THE STATE, IS AUTHORIZED TO : 9 (1) ENTER INTO AN AGREEMENT WI TH OTHER GOVERNMENTS , 10 SUBJECT TO THE LIMIT ATIONS OF THIS SECTI ON, THAT ALLOWS AND PROV IDES FOR 11 PARTICIPATION IN MUL TIJURISDICTIONAL INTERNET GAMING BY IN DIVIDUALS 12 WHO ARE PHYSICALLY L OCATED IN JURISDICTI ONS OVER WHICH THE 13 GOVERNMENTS T HAT ARE A PARTY TO T HE AGREEMENT EXERCIS E LEGAL 14 AUTHORITY; AND 15 (2) TAKE ALL NECESSARY A CTIONS TO ENSURE THA T ANY 16 AGREEMENT ENTERED IN TO UNDER THIS SECTIO N BECOMES EFFECTIVE . 17 (C) THE COMMISSION MAY ADOPT REGULATIONS UNDER TH IS SECTION 18 THAT PROVIDE FOR : 19 (1) THE FORM, LENGTH, AND TERMS OF AN AGRE EMENT AUTHORIZED 20 UNDER THIS SECTION ; 21 (2) MATTERS RELATING TO THE TAXATION OF INTERNET GAMING 22 REVENUE BY THE PARTI ES TO THE AGREEMENT ; 23 (3) THE SHARING AND DIST RIBUTION OF INTERNET GAMING 24 REVENUE AMONG THE PARTIES TO THE AGREE MENT; 25 (4) RESOLUTION OF PLAYER DISPUTES; 26 (5) THE INFORMATION THAT A GOVERNMENT PROPOSI NG TO ENTER 27 INTO THE AGREEMENT W ITH THE STATE MUST PROVIDE TO THE COMMISSION; 28 (6) THE MANNER AND PROCE DURE FOR HEARINGS CO NDUCTED BY 29 THE COMMISSION WITH RESPE CT TO ANY AGREEMENT AUTHORIZED UNDER THI S 30 SECTION; 31 26 SENATE BILL 340 (7) THE INFORMATION THAT THE COMMISSION MUST PROVI DE TO 1 THE GOVERNOR THAT SUPPORT S THE RECOMMENDATION S OF THE COMMISSION 2 MADE UNDER THIS SECT ION; AND 3 (8) ANY OTHER PROVISION NECESSARY TO CARRY OUT T HIS SECTION. 4 (D) THE GOVERNOR MAY NOT ENTE R INTO AN AGREEMENT UNDER THIS 5 SECTION UNLESS THE A GREEMENT INCLUDES TE RMS: 6 (1) FOR ANY POTENTIAL AR RANGEMENT FOR THE SH ARING OF 7 REVENUES BY THE PART IES TO THE AGREEMENT ; 8 (2) PERMITTING THE EFFECTIVE REGULA TION OF INTERNET GAMING 9 BY THE STATE, INCLUDING PROVISIONS RELATING TO LICENSIN G, TECHNICAL 10 STANDARDS TO BE FOLL OWED, RESOLUTION OF DISPUT ES BY PATRONS , 11 REQUIREMENTS FOR BAN KROLLS, ENFORCEMENT , ACCOUNTING , AND 12 MAINTENANCE OF RECOR DS; 13 (3) BY WHICH EACH PARTY TO THE AGREEMENT AGR EES TO PROHIBIT 14 OPERATORS OF INTERNET GAMING , SERVICE PROVIDERS , AND MANUFACTURERS OR 15 DISTRIBUTORS OF INTERNET GAMING SYSTE MS FROM ENGAGING IN ANY ACTIVITY 16 PERMITTED UNDER THE AGREEMENT UNLESS THO SE PERSONS ARE LICENSED OR 17 FOUND SUITABLE : 18 (I) UNDER THIS SUBTITLE ; OR 19 (II) BY ANY OTHER PARTY T O THE AGREEMENT UNDE R 20 REQUIREMENTS THAT AR E MATERIALLY CONSIST ENT WITH THE REQUIRE MENTS OF 21 THIS SUBTITLE; 22 (4) PROHIBITING VARIATIO N OR DEROGATION FROM THE 23 REQUIREME NTS OF THE AGREEMENT FOR ANY PARTY TO THE AGREEMENT ABSENT 24 THE CONSENT OF ALL P ARTIES TO THE AGREEM ENT; 25 (5) PROHIBITING ANY SUBO RDINATE OR SIDE AGRE EMENTS, EXCEPT 26 WITH RESPECT TO SHAR ING OF REVENUES , AMONG ANY SUBSET OF THE 27 GOVERNMENTS THAT ARE PARTIES TO THE AGREEMENT ; AND 28 (6) IF THE AGREEMENT ALL OWS PERSONS PHYSICAL LY LOCATED IN 29 THE STATE TO PARTICIPATE IN INTERNET GAMING CONDU CTED BY ANOTHER PART Y 30 TO THE AGREEMENT OR AN OPERATOR OF INTERNET GAMING LICEN SED BY THE 31 OTHER PARTY , REQUIRING THAT PARTY TO ESTABLISH AND MAIN TAIN REGULATORY 32 REQUIREMENTS GOVERNI NG INTERNET GAMING THAT ARE CONSISTENT WITH THE 33 REQUIREMENTS OF THIS SUBTITLE IN ALL MATE RIAL RESPECTS. 34 SENATE BILL 340 27 9–1F–12. 1 (A) ON OR BEFORE DECEMBER 1 EACH YEAR, THE COMMISSION SHALL 2 REPORT TO THE GOVERNOR AND, IN ACCORDANCE WITH § 2–1257 OF THIS ARTICLE, 3 TO THE GENERAL ASSEMBLY ON: 4 (1) THE OPERATION OF INTERNET GAMING IN TH E STATE; AND 5 (2) THE IMPACT OF INTERNET GAMING ON VI DEO LOTTERY 6 FACILITIES, OTHER GAMING VENUES , AND ANCILLARY BUSINE SSES THAT 7 SURROUND THOSE VIDEO LOTTERY FACILITIES A ND GAMING VENUES . 8 (B) THE COMMISSION SHALL : 9 (1) STUDY THE IMPACTS OF OTHER ONLINE FORMS O F 10 UNAUTHORIZED GAMING CONTENT THAT IS SIMI LAR TO INTERNET GAMING , SUCH 11 AS PLATFORMS THAT US E MICROTRANSACTIONS OR ONLINE SWEEPSTAKES ; AND 12 (2) ON OR BEFORE DECEMBER 1, 2028, REPORT TO THE GOVERNOR 13 AND, IN ACCORDANCE WITH § 2–1257 OF THIS ARTICLE , TO THE GENERAL 14 ASSEMBLY ON ITS FINDI NGS AND ANY RECOMMEN DATIONS. 15 9–1F–13. 16 (A) IN THIS SECTION , “FUND” MEANS THE VIDEO LOTTERY FACILITY 17 EMPLOYEE DISPLACEMENT FUND. 18 (B) THERE IS A VIDEO LOTTERY FACILITY EMPLOYEE DISPLACEMENT 19 FUND. 20 (C) THE PURPOSE OF THE FUND IS TO SUPPORT VI DEO LOTTERY FACILITY 21 EMPLOYEES THAT ARE D ISPLACED BY THE IMPL EMENTATION OF INTERNET 22 GAMING. 23 (D) THE MARYLAND DEPARTMENT OF LABOR SHALL ADMINISTE R THE 24 FUND. 25 (E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 26 SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 27 (2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 28 AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 29 28 SENATE BILL 340 (F) THE FUND CONSISTS OF : 1 (1) REVENUE DISTRIBUTED TO THE FUND UNDER § 9–1F–05(B)(2)(I) 2 OF THIS SUBTITLE; 3 (2) MONEY APPROPRIATED I N THE STATE BUDGET TO THE FUND; AND 4 (3) ANY OTHER MONEY FROM ANY OTHER SOURCE ACCEPTED FOR 5 THE BENEFIT OF THE FUND. 6 (G) THE FUND MAY BE USED ONLY : 7 (1) FOR ADMINISTRATIVE E XPENSES RELATED TO A DMINISTRATION 8 OF THE FUND; 9 (2) FOR GRANTS TO FORMER VIDEO LOTTERY FACILI TY EMPLOYEES 10 DISPLACED BY THE IMP LEMENTATION OF INTERNET GAMING TO OFFSET ANY 11 REDUCTION IN THE TAK E–HOME PAY OF THE FORM ER EMPLOYEES ; 12 (3) TO SUPPLEMENT UNEMPL OYMENT INSURANCE PAY MENTS 13 RECEIVED BY FORMER V IDEO LOTTERY FACILIT Y EMPLOYEES DISPLACE D BY THE 14 IMPLEMENTATION OF INTERNET GAMING ; 15 (4) TO ESTABLISH J OB TRAINING PROGRAMS FOR FORMER VIDEO 16 LOTTERY FACILITY EMP LOYEES DISPLACED BY THE IMPLEMENTATION O F 17 INTERNET GAMING ; AND 18 (5) FOR ANY OTHER PROGRA M ESTABLISHED BY THE MARYLAND 19 DEPARTMENT OF LABOR TO ASSIST FORME R VIDEO LOTTERY FACI LITY EMPLOYEES 20 DISPLACED BY THE IMPLEMENTAT ION OF INTERNET GAMING . 21 (H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 22 IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 23 (2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 24 THE GENERAL FUND OF THE STATE. 25 (I) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 26 WITH THE STATE BUDGET . 27 (J) THE MARYLAND DEPARTMENT OF LABOR SHALL ADOPT REG ULATIONS 28 TO IMPLEMENT THIS SE CTION. 29 SENATE BILL 340 29 SECTION 2. AND BE IT FURTHER ENACTED, That § 5 –235(a) of the Education 1 Article, as enacted by Section 1 of this Act, may not be construed to reduce overall funding 2 appropriated by a county governing body based on that section of law as it existed before 3 the enactment of this Act. 4 SECTION 3. AND BE IT FURTHER ENACTED, That: 5 (a) In accordance with Article XIX, § 1(e) of the Maryland Constitution, before 6 this Act, which authorizes additional forms or expansion of commercial gaming, becomes 7 effective, a question substantially similar to the following shall be submitted to a 8 referendum of the qualified voters of the State at the general election to be held in 9 November 2026: 10 “Do you favor the expansion of commercial gaming in the State of Maryland to 11 authorize Internet gaming for the primary purpose of raising revenue for education?” 12 (b) The State Board of Elections shall do those things necessary and proper to 13 provide for and hold the referendum required by this section. If a majority of the votes cast 14 on the question are “For the referred law”, this Act shall become effective on the 30th day 15 following the official canvass of votes for the referendum, but if a majority of the votes cast 16 on the question are “Against the referred law”, this Act, with no further action required by 17 the General Assembly, shall be null and void. 18 SECTION 4. AND BE IT FURTHER ENACTED, That, subject to the provisions of 19 Section 3 of this Act and for the sole purpose of providing for the referendum required by 20 Section 3 of this Act, this Act shall take effect July 1, 2025. 21