Maryland 2025 Regular Session

Maryland Senate Bill SB470 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 *sb0470*
66
77 SENATE BILL 470
88 C7 5lr2723
99 CF HB 484
1010 By: Senators Rosapepe and Corderman
1111 Introduced and read first time: January 22, 2025
1212 Assigned to: Budget and Taxation
1313
1414 A BILL ENTITLED
1515
1616 AN ACT concerning 1
1717
1818 Fantasy Competitions – Alterations and Voluntary Exclusion Requirements 2
1919
2020 FOR the purpose of altering the definition of “fantasy competition” for purposes of 3
2121 provisions of law governing fantasy competitions to include certain competitions; 4
2222 requiring the State Lottery and Gaming Control Commission to establish a certain 5
2323 voluntary exclusion program; prohibiting a fantasy competition operator from 6
2424 permitting an individual on the mandatory exclusion list to establish a fantasy 7
2525 competition account or participate in fantasy competitions; prohibiting a fantasy 8
2626 competition operator from paying a prize or an award to certain excluded individuals; 9
2727 altering the definitions of “sporting event” and “sports wagering” for purposes of 10
2828 provisions of law governing the conduct of sports wagering; and generally relating to 11
2929 fantasy competitions and sports wagering. 12
3030
3131 BY repealing and reenacting, without amendments, 13
3232 Article – State Government 14
3333 Section 9–1D–01(a), (c), (e), and (f) and 9–1E–01(a) 15
3434 Annotated Code of Maryland 16
3535 (2021 Replacement Volume and 2024 Supplement) 17
3636
3737 BY repealing and reenacting, with amendments, 18
3838 Article – State Government 19
3939 Section 9–1D–01(d), 9–1D–02, 9–1D–05, and 9–1E–01(i) and (j) 20
4040 Annotated Code of Maryland 21
4141 (2021 Replacement Volume and 2024 Supplement) 22
4242
4343 BY adding to 23
4444 Article – State Government 24
4545 Section 9–1D–05 25
4646 Annotated Code of Maryland 26
4747 (2021 Replacement Volume and 2024 Supplement) 27
4848 2 SENATE BILL 470
4949
5050
5151 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
5252 That the Laws of Maryland read as follows: 2
5353
5454 Article – State Government 3
5555
5656 9–1D–01. 4
5757
5858 (a) In this subtitle the following words have the meanings indicated. 5
5959
6060 (c) “Entry fee” means cash or cash equivalents that a fantasy competition player 6
6161 is required to pay to a fantasy competition operator in order to participate in a fantasy 7
6262 competition. 8
6363
6464 (d) “Fantasy competition” includes any online fantasy or simulated game or 9
6565 contest such as fantasy sports, in which: 10
6666
6767 (1) participants own, manage, or coach AN imaginary TEAM OR teams; 11
6868
6969 (2) all prizes and awards offered to winning participants are established 12
7070 and made known to participants in advance of the game or contest; 13
7171
7272 (3) (I) A PARTICIPANT COMPET ES AGAINST OTHER PAR TICIPANTS; 14
7373 OR 15
7474
7575 (II) SUBJECT TO THE PROVI SIONS OF THIS SUBTITLE, A SINGLE 16
7676 PARTICIPANT COMPETES AGAINST A STATISTICA L MEASUREMENT ESTABL ISHED BY 17
7777 THE FANTASY COMPETIT ION OPERATOR ; 18
7878
7979 [(3)] (4) the winning outcome of the game or contest reflects the relative 19
8080 skill of the participants and is determined by statistics generated by actual individuals 20
8181 (players or teams in the case of a professional sport); and 21
8282
8383 [(4)] (5) no winning outcome is based: 22
8484
8585 (i) solely on the performance of an individual athlete; or 23
8686
8787 (ii) on the score, point spread, or any performances of any single 24
8888 real–world team or any combination of real–world teams. 25
8989
9090 (e) (1) “Fantasy competition operator” means any person that offers services 26
9191 in connection with fantasy competitions to individuals by means of: 27
9292
9393 (i) the Internet; 28
9494
9595 (ii) a smart phone application; or 29
9696 SENATE BILL 470 3
9797
9898
9999 (iii) any other electronics, digital media, communication technology, 1
100100 or device. 2
101101
102102 (2) “Fantasy competition operator” includes, for purposes of the federal 3
103103 Bank Secrecy Act of 1970 and its related regulations, a gaming establishment having at 4
104104 least $1,000,000 in annual gross revenue. 5
105105
106106 (3) “Fantasy competition operator” does not include an individual who: 6
107107
108108 (i) organizes a fantasy competition in which the individual also 7
109109 participates; and 8
110110
111111 (ii) receives no compensation for organizing the fantasy competition. 9
112112
113113 (f) “Fantasy competition player” means an individual who participates in a 10
114114 fantasy competition offered by a fantasy competition operator. 11
115115
116116 9–1D–02. 12
117117
118118 (a) [Notwithstanding the provisions of Title 12 of the Criminal Law Article or any 13
119119 other title, and except as provided under subsection (b) of this section, the prohibitions 14
120120 against] A FANTASY COMPETITION CONDUCTED IN COMPLIA NCE WITH THE 15
121121 PROVISIONS OF THIS S UBTITLE DOES NOT CON STITUTE betting, wagering, [and] OR 16
122122 gambling [do not apply to participation in a fantasy competition] FOR ANY PURPOSE . 17
123123
124124 (b) A person may not operate a kiosk or machine that offers fantasy competition 18
125125 to the public in a place of business physically located in the State. 19
126126
127127 9–1D–05. 20
128128
129129 (A) EACH FANTASY COMPETITI ON OPERATOR SHALL : 21
130130
131131 (1) DEVELOP AND MAINTAIN A PROGRAM TO MITIGAT E AND CURTAIL 22
132132 COMPULSIVE PLAY ; AND 23
133133
134134 (2) INCLUDE A STATEMENT REGARDING OBTAINING ASSISTANCE 24
135135 WITH REAL–MONEY GAMING PROBLEM S ON: 25
136136
137137 (I) THE FANTASY COMPETIT ION OPERATOR ’S PORTAL , 26
138138 WEBSITE, OR COMPUTER OR MOBIL E APPLICATION; AND 27
139139
140140 (II) ALL MARKETING MATERI ALS AND ADVERTISEMEN TS OF THE 28
141141 FANTASY COMPETITION OPERATOR. 29
142142
143143 (B) (1) THE COMMISSION SHALL : 30 4 SENATE BILL 470
144144
145145
146146
147147 (I) ESTABLISH A VOLUNTAR Y EXCLUSION LIST OF INDIVIDUALS 1
148148 WHO HAVE REQUESTED TO BE EXCL UDED FROM ANY FANTAS Y COMPETITION 2
149149 LICENSED UNDER THIS SUBTITLE; AND 3
150150
151151 (II) PROVIDE A SIMPLE MEC HANISM FOR AN INDIVI DUAL WHO IS 4
152152 SOBER AND INFORMED T O REQUEST PLACEMENT ON THE VOLUNTARY EXC LUSION 5
153153 LIST FOR A SPECIFIED PERIOD OF TIME. 6
154154
155155 (2) THE COMMISSION SHALL INCO RPORATE THE VOLUNTAR Y 7
156156 SELF–EXCLUSION PROGRAM ES TABLISHED IN ACCORDA NCE WITH PARAGRAPH (1) 8
157157 OF THIS SUBSECTION I NTO ANY OTHER SELF –EXCLUSION PROGRAM TH AT THE 9
158158 COMMISSION OPERATES . 10
159159
160160 (C) A FANTASY COMPETITION OPERATOR: 11
161161
162162 (1) MAY NOT PERMIT AN INDIVI DUAL ON THE VOLUNTAR Y EXCLUSION 12
163163 LIST TO ESTABLISH A FANTASY COMPETITION ACCOUNT OR PARTICIPA TE IN 13
164164 FANTASY COMPETITIONS ; AND 14
165165
166166 (2) MAY PERMIT AN INDIVI DUAL ON THE VOLUNTAR Y EXCLUSION LIST 15
167167 WHO PREVIOUSLY ESTAB LISHED A FANTASY COM PETITION ACCOUNT TO ACCESS 16
168168 THE ACCOUNT ONLY FOR THE PURPOSE OF VIEWI NG AND DOWNLOADING T HE 17
169169 INDIVIDUAL’S TRANSACTION HISTOR Y. 18
170170
171171 (D) IF A SELF–EXCLUDED INDIVIDUAL PARTICIPATES IN A FA NTASY 19
172172 COMPETITION , THE FANTASY COMPETIT ION OPERATOR SHALL R EPORT TO THE 20
173173 COMMISSION, AT MINIMUM: 21
174174
175175 (1) THE NAME OF THE SELF –EXCLUDED INDIVIDUAL ; 22
176176
177177 (2) THE DATE OF THE PART ICIPATION; 23
178178
179179 (3) THE AMOUNT OR VALUE OF ANY MONEY , PRIZES, OR AWARDS 24
180180 FORFEITED, IF ANY; AND 25
181181
182182 (4) ANY OTHER ACTION TAK EN BY THE FANTASY CO MPETITION 26
183183 OPERATOR. 27
184184
185185 (E) (1) A FANTASY COMPETITION OPERATOR MAY NOT PAY ANY PRIZE OR 28
186186 AWARD TO AN INDIVIDU AL WHO IS ON THE COMMISSION’S SELF–EXCLUSION LIST. 29
187187 SENATE BILL 470 5
188188
189189
190190 (2) ANY PRIZE OR AWARD WO N BY AN INDIVIDUAL O N THE 1
191191 SELF–EXCLUSION LIST IS FO RFEITED AND SHALL BE TRANSFERRED BY THE 2
192192 FANTASY COMPETITION OPERATOR TO THE PROBLEM GAMBLING FUND 3
193193 ESTABLISHED UNDER § 9–1A–33 OF THIS TITLE ON A Q UARTERLY BASIS , AS 4
194194 SPECIFIED BY THE COMMISSION. 5
195195
196196 (F) THE COMMISSION MAY IMPOSE SANCTIONS ON A FANTA SY 6
197197 COMPETITION OPERATOR THAT KNOWINGLY FAILS TO EXCLUDE AN INDIVIDUAL ON 7
198198 THE VOLUNTARY EXCLUS ION LIST FROM PARTIC IPATING IN FANTASY 8
199199 COMPETITIONS . 9
200200
201201 [9–1D–05.] 9–1D–06. 10
202202
203203 [(a)] The Commission shall adopt regulations to carry out the provisions of this 11
204204 subtitle. 12
205205
206206 [(b) The regulations adopted under this section may include requirements for the 13
207207 establishment of a voluntary exclusion list.] 14
208208
209209 9–1E–01. 15
210210
211211 (a) In this subtitle the following words have the meanings indicated. 16
212212
213213 (i) (1) “Sporting event” means: 17
214214
215215 (i) a professional sports or athletic event; 18
216216
217217 (ii) a collegiate sports or athletic event; 19
218218
219219 (iii) an Olympic or international sports or athletic event; 20
220220
221221 (iv) an electronic sports or video game competition in which each 21
222222 participant is at least 18 years old; 22
223223
224224 (v) a motor race event sanctioned by a motor racing governing entity; 23
225225
226226 (vi) except as otherwise prohibited under Title 11 of the Business 24
227227 Regulation Article or the federal Interstate Horse Racing Act, a horse race, held in or out 25
228228 of the State, if consented to and approved by: 26
229229
230230 1. the horse racing licensee of the applicable breed; 27
231231
232232 2. the organization representing the majority of the owners 28
233233 and trainers of the applicable breed in the State; 29
234234 6 SENATE BILL 470
235235
236236
237237 3. the organization representing the majority of the 1
238238 applicable breeders in the State; and 2
239239
240240 4. the State Racing Commission; 3
241241
242242 (vii) EXCEPT AS PROVIDED I N SUBTITLE 1D OF THIS TITLE, any 4
243243 portion of a sporting event, including the individual performance statistics of athletes or 5
244244 competitors in a sporting event; or 6
245245
246246 (viii) an award event or competition of national or international 7
247247 prominence if expressly authorized by the Commission. 8
248248
249249 (2) “Sporting event” does not include: 9
250250
251251 (i) a high school sports or athletic event; or 10
252252
253253 (ii) a fantasy competition regulated under Subtitle 1D of this title. 11
254254
255255 (j) (1) “Sports wagering” means the business of accepting wagers on any 12
256256 sporting event by any system or method of wagering, including single–game bets, teaser 13
257257 bets, parlays, over–under, moneyline, pools, exchange wagering, in–game wagering, 14
258258 in–play bets, proposition bets, and straight bets. 15
259259
260260 (2) “SPORTS WAGERING ” DOES NOT INCLUDE A F ANTASY 16
261261 COMPETITION CONDUCTE D IN COMPLIANCE WITH SUBTITLE 1D OF THIS TITLE. 17
262262
263263 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 18
264264 October 1, 2025. 19
265265