Maryland 2025 2025 Regular Session

Maryland Senate Bill SB470 Introduced / Bill

Filed 01/23/2025

                     
 
EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. 
        [Brackets] indicate matter deleted from existing law. 
          *sb0470*  
  
SENATE BILL 470 
C7   	5lr2723 
    	CF HB 484 
By: Senators Rosapepe and Corderman 
Introduced and read first time: January 22, 2025 
Assigned to: Budget and Taxation 
 
A BILL ENTITLED 
 
AN ACT concerning 1 
 
Fantasy Competitions – Alterations and Voluntary Exclusion Requirements 2 
 
FOR the purpose of altering the definition of “fantasy competition” for purposes of 3 
provisions of law governing fantasy competitions to include certain competitions; 4 
requiring the State Lottery and Gaming Control Commission to establish a certain 5 
voluntary exclusion program; prohibiting a fantasy competition operator from 6 
permitting an individual on the mandatory exclusion list to establish a fantasy 7 
competition account or participate in fantasy competitions; prohibiting a fantasy 8 
competition operator from paying a prize or an award to certain excluded individuals; 9 
altering the definitions of “sporting event” and “sports wagering” for purposes of 10 
provisions of law governing the conduct of sports wagering; and generally relating to 11 
fantasy competitions and sports wagering. 12 
 
BY repealing and reenacting, without amendments, 13 
 Article – State Government 14 
Section 9–1D–01(a), (c), (e), and (f) and 9–1E–01(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 9–1D–01(d), 9–1D–02, 9–1D–05, and 9–1E–01(i) and (j) 20 
 Annotated Code of Maryland 21 
 (2021 Replacement Volume and 2024 Supplement) 22 
 
BY adding to 23 
 Article – State Government 24 
Section 9–1D–05 25 
 Annotated Code of Maryland 26 
 (2021 Replacement Volume and 2024 Supplement) 27 
  2 	SENATE BILL 470  
 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1 
That the Laws of Maryland read as follows: 2 
 
Article – State Government 3 
 
9–1D–01. 4 
 
 (a) In this subtitle the following words have the meanings indicated. 5 
 
 (c) “Entry fee” means cash or cash equivalents that a fantasy competition player 6 
is required to pay to a fantasy competition operator in order to participate in a fantasy 7 
competition. 8 
 
 (d) “Fantasy competition” includes any online fantasy or simulated game or 9 
contest such as fantasy sports, in which: 10 
 
 (1) participants own, manage, or coach AN imaginary TEAM OR teams; 11 
 
 (2) all prizes and awards offered to winning participants are established 12 
and made known to participants in advance of the game or contest; 13 
 
 (3) (I) A PARTICIPANT COMPET ES AGAINST OTHER PAR TICIPANTS; 14 
OR 15 
 
 (II) SUBJECT TO THE PROVI SIONS OF THIS SUBTITLE, A SINGLE 16 
PARTICIPANT COMPETES AGAINST A STATISTICA L MEASUREMENT ESTABL ISHED BY 17 
THE FANTASY COMPETIT ION OPERATOR ; 18 
 
 [(3)] (4) the winning outcome of the game or contest reflects the relative 19 
skill of the participants and is determined by statistics generated by actual individuals 20 
(players or teams in the case of a professional sport); and 21 
 
 [(4)] (5) no winning outcome is based: 22 
 
 (i) solely on the performance of an individual athlete; or 23 
 
 (ii) on the score, point spread, or any performances of any single 24 
real–world team or any combination of real–world teams. 25 
 
 (e) (1) “Fantasy competition operator” means any person that offers services 26 
in connection with fantasy competitions to individuals by means of: 27 
 
 (i) the Internet; 28 
 
 (ii) a smart phone application; or 29 
   	SENATE BILL 470 	3 
 
 
 (iii) any other electronics, digital media, communication technology, 1 
or device. 2 
 
 (2) “Fantasy competition operator” includes, for purposes of the federal 3 
Bank Secrecy Act of 1970 and its related regulations, a gaming establishment having at 4 
least $1,000,000 in annual gross revenue. 5 
 
 (3) “Fantasy competition operator” does not include an individual who: 6 
 
 (i) organizes a fantasy competition in which the individual also 7 
participates; and 8 
 
 (ii) receives no compensation for organizing the fantasy competition. 9 
 
 (f) “Fantasy competition player” means an individual who participates in a 10 
fantasy competition offered by a fantasy competition operator. 11 
 
9–1D–02. 12 
 
 (a) [Notwithstanding the provisions of Title 12 of the Criminal Law Article or any 13 
other title, and except as provided under subsection (b) of this section, the prohibitions 14 
against] A FANTASY COMPETITION CONDUCTED IN COMPLIA NCE WITH THE 15 
PROVISIONS OF THIS S UBTITLE DOES NOT CON STITUTE betting, wagering, [and] OR 16 
gambling [do not apply to participation in a fantasy competition] FOR ANY PURPOSE . 17 
 
 (b) A person may not operate a kiosk or machine that offers fantasy competition 18 
to the public in a place of business physically located in the State. 19 
 
9–1D–05. 20 
 
 (A) EACH FANTASY COMPETITI ON OPERATOR SHALL : 21 
 
 (1) DEVELOP AND MAINTAIN A PROGRAM TO MITIGAT E AND CURTAIL 22 
COMPULSIVE PLAY ; AND 23 
 
 (2) INCLUDE A STATEMENT REGARDING OBTAINING ASSISTANCE 24 
WITH REAL–MONEY GAMING PROBLEM S ON: 25 
 
 (I) THE FANTASY COMPETIT ION OPERATOR ’S PORTAL , 26 
WEBSITE, OR COMPUTER OR MOBIL E APPLICATION; AND 27 
 
 (II) ALL MARKETING MATERI ALS AND ADVERTISEMEN TS OF THE 28 
FANTASY COMPETITION OPERATOR. 29 
 
 (B) (1) THE COMMISSION SHALL : 30  4 	SENATE BILL 470  
 
 
 
 (I) ESTABLISH A VOLUNTAR Y EXCLUSION LIST OF INDIVIDUALS 1 
WHO HAVE REQUESTED TO BE EXCL UDED FROM ANY FANTAS Y COMPETITION 2 
LICENSED UNDER THIS SUBTITLE; AND 3 
 
 (II) PROVIDE A SIMPLE MEC HANISM FOR AN INDIVI DUAL WHO IS 4 
SOBER AND INFORMED T O REQUEST PLACEMENT ON THE VOLUNTARY EXC LUSION 5 
LIST FOR A SPECIFIED PERIOD OF TIME. 6 
 
 (2) THE COMMISSION SHALL INCO RPORATE THE VOLUNTAR Y  7 
SELF–EXCLUSION PROGRAM ES TABLISHED IN ACCORDA NCE WITH PARAGRAPH (1) 8 
OF THIS SUBSECTION I NTO ANY OTHER SELF –EXCLUSION PROGRAM TH AT THE 9 
COMMISSION OPERATES . 10 
 
 (C) A FANTASY COMPETITION OPERATOR: 11 
 
 (1) MAY NOT PERMIT AN INDIVI DUAL ON THE VOLUNTAR Y EXCLUSION 12 
LIST TO ESTABLISH A FANTASY COMPETITION ACCOUNT OR PARTICIPA TE IN 13 
FANTASY COMPETITIONS ; AND 14 
 
 (2) MAY PERMIT AN INDIVI DUAL ON THE VOLUNTAR Y EXCLUSION LIST 15 
WHO PREVIOUSLY ESTAB LISHED A FANTASY COM PETITION ACCOUNT TO ACCESS 16 
THE ACCOUNT ONLY FOR THE PURPOSE OF VIEWI NG AND DOWNLOADING T HE 17 
INDIVIDUAL’S TRANSACTION HISTOR Y. 18 
 
 (D) IF A SELF–EXCLUDED INDIVIDUAL PARTICIPATES IN A FA NTASY 19 
COMPETITION , THE FANTASY COMPETIT ION OPERATOR SHALL R EPORT TO THE 20 
COMMISSION, AT MINIMUM: 21 
 
 (1) THE NAME OF THE SELF –EXCLUDED INDIVIDUAL ; 22 
 
 (2) THE DATE OF THE PART ICIPATION; 23 
 
 (3) THE AMOUNT OR VALUE OF ANY MONEY , PRIZES, OR AWARDS 24 
FORFEITED, IF ANY; AND 25 
 
 (4) ANY OTHER ACTION TAK EN BY THE FANTASY CO MPETITION 26 
OPERATOR. 27 
 
 (E) (1) A FANTASY COMPETITION OPERATOR MAY NOT PAY ANY PRIZE OR 28 
AWARD TO AN INDIVIDU AL WHO IS ON THE COMMISSION’S SELF–EXCLUSION LIST. 29 
   	SENATE BILL 470 	5 
 
 
 (2) ANY PRIZE OR AWARD WO N BY AN INDIVIDUAL O N THE  1 
SELF–EXCLUSION LIST IS FO RFEITED AND SHALL BE TRANSFERRED BY THE 2 
FANTASY COMPETITION OPERATOR TO THE PROBLEM GAMBLING FUND 3 
ESTABLISHED UNDER § 9–1A–33 OF THIS TITLE ON A Q UARTERLY BASIS , AS 4 
SPECIFIED BY THE COMMISSION. 5 
 
 (F) THE COMMISSION MAY IMPOSE SANCTIONS ON A FANTA SY 6 
COMPETITION OPERATOR THAT KNOWINGLY FAILS TO EXCLUDE AN INDIVIDUAL ON 7 
THE VOLUNTARY EXCLUS ION LIST FROM PARTIC IPATING IN FANTASY 8 
COMPETITIONS . 9 
 
[9–1D–05.] 9–1D–06. 10 
 
 [(a)] The Commission shall adopt regulations to carry out the provisions of this 11 
subtitle. 12 
 
 [(b) The regulations adopted under this section may include requirements for the 13 
establishment of a voluntary exclusion list.] 14 
 
9–1E–01. 15 
 
 (a) In this subtitle the following words have the meanings indicated. 16 
 
 (i) (1) “Sporting event” means: 17 
 
 (i) a professional sports or athletic event; 18 
 
 (ii) a collegiate sports or athletic event; 19 
 
 (iii) an Olympic or international sports or athletic event; 20 
 
 (iv) an electronic sports or video game competition in which each 21 
participant is at least 18 years old; 22 
 
 (v) a motor race event sanctioned by a motor racing governing entity; 23 
 
 (vi) except as otherwise prohibited under Title 11 of the Business 24 
Regulation Article or the federal Interstate Horse Racing Act, a horse race, held in or out 25 
of the State, if consented to and approved by: 26 
 
 1. the horse racing licensee of the applicable breed; 27 
 
 2. the organization representing the majority of the owners 28 
and trainers of the applicable breed in the State; 29 
  6 	SENATE BILL 470  
 
 
 3. the organization representing the majority of the 1 
applicable breeders in the State; and 2 
 
 4. the State Racing Commission; 3 
 
 (vii) EXCEPT AS PROVIDED I N SUBTITLE 1D OF THIS TITLE, any 4 
portion of a sporting event, including the individual performance statistics of athletes or 5 
competitors in a sporting event; or 6 
 
 (viii) an award event or competition of national or international 7 
prominence if expressly authorized by the Commission. 8 
 
 (2) “Sporting event” does not include: 9 
 
 (i) a high school sports or athletic event; or 10 
 
 (ii) a fantasy competition regulated under Subtitle 1D of this title. 11 
 
 (j) (1) “Sports wagering” means the business of accepting wagers on any 12 
sporting event by any system or method of wagering, including single–game bets, teaser 13 
bets, parlays, over–under, moneyline, pools, exchange wagering, in–game wagering,  14 
in–play bets, proposition bets, and straight bets. 15 
 
 (2) “SPORTS WAGERING ” DOES NOT INCLUDE A F	ANTASY 16 
COMPETITION CONDUCTE D IN COMPLIANCE WITH SUBTITLE 1D OF THIS TITLE. 17 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 18 
October 1, 2025. 19