Maryland 2025 Regular Session

Maryland Senate Bill SB541 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
5- Underlining indicates amendments to bill.
6- Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7-amendment.
85 *sb0541*
96
107 SENATE BILL 541
118 C7 5lr1241
129 HB 1159/24 – W&M CF HB 328
13-By: Senators Charles, Muse, and Ellis Ellis, M. Jackson, Lewis Young, and Salling
10+By: Senators Charles, Muse, and Ellis
1411 Introduced and read first time: January 23, 2025
1512 Assigned to: Budget and Taxation
16-Committee Report: Favorable with amendments
17-Senate action: Adopted
18-Read second time: March 18, 2025
1913
20-CHAPTER ______
14+A BILL ENTITLED
2115
2216 AN ACT concerning 1
2317
2418 State Lottery – Instant Ticket Lottery Machines – Veterans’ and Fraternal 2
2519 Organizations 3
2620
2721 FOR the purpose of authorizing the Director of the State Lottery and Gaming Control 4
2822 Agency to issue certain fraternal organizations a license for not more than a certain 5
2923 number of instant ticket lottery machines; altering the distribution of proceeds from 6
3024 certain instant ticket lottery machine sales by veterans’ organizations; providing for 7
3125 the distribution of proceeds from certain instant ticket lottery machine sales by 8
3226 fraternal organizations; authorizing, instead of requiring, the Director to consider 9
3327 certain information before issuing certain licenses; repealing a requirement that 10
3428 certain veterans’ organizations purchase or lease certain instant ticket lottery 11
3529 machines; prohibiting certain fraternal organizations from operating an instant 12
36-ticket lottery machine in certain locations; altering certain requirements concerning 13
37-the conduct of gaming through instant ticket lottery machines; and generally 14
38-relating to the operation of instant ticket lottery machines in the State. 15
30+ticket lottery machine in certain locations; and generally relating to the operation of 13
31+instant ticket lottery machines in the State. 14
3932
40-BY repealing and reenacting, with amendments, 16
41- Article – State Government 17
42- Section 9–112 18
43- Annotated Code of Maryland 19
44- (2021 Replacement Volume and 2024 Supplement) 20
33+BY repealing and reenacting, with amendments, 15
34+ Article – State Government 16
35+ Section 9–112 17
36+ Annotated Code of Maryland 18
37+ (2021 Replacement Volume and 2024 Supplement) 19
4538
46- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
47-That the Laws of Maryland read as follows: 22
48- 2 SENATE BILL 541
39+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
40+That the Laws of Maryland read as follows: 21
4941
42+Article – State Government 22
5043
51-Article – State Government 1
44+9–112. 23
5245
53-9–112. 2
54-
55- (a) (1) In this section[, “veterans’] THE FOLLOWING WORDS HAVE THE 3
56-MEANINGS INDICATED . 4
57-
58- (2) “ACTIVE MEMBERS ” MEANS INDIVIDUALS WH O ARE RECOGNIZED 5
59-BY A FRATERNAL ORGAN IZATION AS DUES –PAYING MEMBERS OR LIFETIME 6
60-MEMBERS. 7
61-
62- (3) (I) “FRATERNAL ORGANIZATIO N” MEANS A NONPROFIT 8
63-ORGANIZATION THAT : 9
64-
65- 1. A. IS TAX EXEMPT AND OR GANIZED AS A 10
66-FRATERNAL OR SORORAL ORGANIZATION UNDER § 501(C)(7) OR § 501(C)(8) OF THE 11
67-INTERNAL REVENUE CODE; 12
68-
69- B. OWNS OR LEASES A PROPERTY ; AND 13
70-
71- C. HAS A BONA FIDE MEMB ERSHIP OF AT LEAST 300 14
72-ACTIVE MEMBERS OR HA S BEEN LOCATED IN A COUNTY IN WHICH SUBS ECTION (D) 15
73-OF THIS SECTION APPL IES FOR AT LEAST 5 YEARS BEFORE THE ORG ANIZATION 16
74-APPLIES FOR A LICENS E UNDER SUBSECTION (D) OF THIS SECTION; OR 17
75-
76- 2. IS INDEPENDENT AND T HE MEMBERSHIP OF WHI CH 18
77-COMPRISES SOLELY GRA DUATE MEMBERS OF A N ATIONWIDE FRATERNITY OR 19
78-SORORITY THAT IS TAX EXEMPT UNDER § 501(C)(7) OR § 501(C)(8) OF THE 20
79-INTERNAL REVENUE CODE. 21
80-
81- (II) “FRATERNAL ORGANIZATION ” DOES NOT INCLUDE : 22
82-
83- 1. ANY COLLEGE OR HIGH SCHOOL FRATERNITY OR 23
84-SORORITY; OR 24
85-
86- 2. ANY OTHER FRATERNITY OR SORORITY THE 25
87-MEMBERSHIP OF WHICH IS RESTRICTED IN WHO LE OR IN PART TO STU DENTS OR 26
88-GRADUATES OF AN EDUC ATIONAL INSTITUTION OR A PROFESSIONAL SCHOOL . 27
89-
90- (4) “VETERANS’ organization” means an organization that is tax exempt 28
91-and organized as a veterans’ organization under § 501(c)(19) or § 501(c)(4) of the Internal 29
92-Revenue Code. 30
93-
94- (b) Except as provided in subsection (d) of this section, in accordance with the 31
95-regulations of the Agency and this subtitle, the Director shall issue licenses to the persons 32 SENATE BILL 541 3
96-
97-
98-and governmental units that will best serve the public convenience and promote the sale of 1
99-State lottery tickets or shares. 2
100-
101- (c) Before issuing a license to an applicant, the Director [shall] MAY consider 3
102-such factors as: 4
103-
104- (1) the financial responsibility and security of the applicant and the 5
105-business or activity of the applicant; 6
106-
107- (2) the accessibility of the place of business or activity to the public; 7
108-
109- (3) the sufficiency of existing licenses to serve the public convenience; and 8
110-
111- (4) the volume of expected sales. 9
112-
113- (d) (1) This subsection does not apply in: 10
114-
115- (i) Caroline County; 11
116-
117- (ii) Cecil County; 12
118-
119- (iii) Dorchester County; 13
120-
121- (iv) Kent County; 14
122-
123- (v) Queen Anne’s County; 15
124-
125- (vi) Somerset County; 16
126-
127- (vii) Talbot County; 17
128-
129- (viii) Wicomico County; and 18
130-
131- (ix) Worcester County. 19
132-
133- (2) (i) Subject to subparagraph (ii) of this paragraph, the Director may 20
134-issue a license under this subtitle for: 21
135-
136- 1. not more than five instant ticket lottery machines to an 22
137-applicant that is a veterans’ organization OR FRATERNAL ORGANIZ ATION; AND 23
138-
139- 2. NOT MORE THAN THREE INSTANT TICKET LOTTE RY 24
140-MACHINES TO AN APPLI CANT THAT IS A FRATERNAL ORGANIZA TION. 25
141-
142- (ii) A veterans’ organization OR FRATERNAL ORGANIZ ATION that 26
143-is issued a license under this subsection shall locate and operate its instant ticket lottery 27 4 SENATE BILL 541
144-
145-
146-machines at its principal meeting hall in the county in which the veterans’ organization OR 1
147-FRATERNAL ORGANIZATI ON is located. 2
148-
149- (III) AS A RETAILER UNDER T HE INSTANT TICKET LO TTERY 3
150-MACHINE PROGRAM , A VETERANS’ ORGANIZATION OR FRAT ERNAL ORGANIZATION 4
151-SHALL BE COMPENSATED BASED ON A PERCENTAG E OF PROCEEDS . 5
152-
153- (3) (I) After deduction of any [commission and] validation prize payout 6
154-as provided under § 9–117 of this subtitle, a veterans’ organization issued a license under 7
155-this subsection shall RETAIN 50% OF THE NET PROCEEDS AND credit the remaining 8
156-receipts NET PROCEEDS from the sale of tickets from instant ticket lottery machines to 9
157-the State Lottery Fund established under § 9–118 of this subtitle. 10
158-
159- (II) ON A PROPERLY APPROVE D TRANSMITTAL , THE AGENCY 11
160-SHALL PAY THE FOLLOW ING AMOUNTS FROM THE NET PROCEEDS OF SALE S OF 12
161-TICKETS FROM INSTANT TICKET LOTTERY MACHI NES OPERATED BY A VE TERANS’ 13
162-ORGANIZATION : 14
163-
164- 1. 50% TO VETERANS ’ ORGANIZATIONS 5% TO THE 15
165-MARYLAND VETERANS TRUST FUND ESTABLISHED UNDE R § 9–913 OF THIS TITLE; 16
166-
167- 2. TO THE AGENCY, AN AMOUNT NECESSARY TO PAY FOR 17
168-THE PURCHASE OR LEASE OF THE INSTANT TICKE T LOTTERY MACHINES A ND 18
169-AGENCY ADMINISTRATION FEES FOR THE PROGRAM ; AND 19
170-
171- 3. ANY REMAINING AMOUNT TO THE EDUCATION TRUST 20
172-FUND ESTABLISHED UNDE R § 9–1A–30 OF THIS TITLE. 21
173-
174- (III) AFTER DEDUCTION OF A VALIDATION PR IZE PAYOUT, A 22
175-FRATERNAL ORGANIZATI ON ISSUED A LICENSE UNDER THIS SUBSECTIO N SHALL 23
176-REMIT THE PROCEEDS F ROM THE SALE OF TICK ETS FROM INSTANT TIC KET LOTTERY 24
177-MACHINES: 25
178-
179- 1. RETAIN 25% OF THE NET PROCEEDS FOR 26
180-UNDERGRADUATE , GRADUATE, OR TRADE SCHOOL SCHO LARSHIPS OR CAPITAL 27
181-IMPROVEMENTS , CAPITAL OUTLAYS , ACQUISITIONS, OR EXISTING COMMUNIT Y 28
182-OUTREACH PROGRAMS AN D RESOURCES ; AND 29
183-
184- 2. REMIT THE REMAINDER TO THE AGENCY TO BE 30
185-DISTRIBUTED AS PROVIDED IN SUBPARAGRAPH (IV) OF THIS PARAGRAPH . 31
186-
187- (IV) ON A PROPERLY APPROVE D TRANSMITTAL , THE AGENCY 32
188-SHALL PAY THE FOLLOW ING AMOUNTS FROM THE NET PROCEEDS OF SALE S OF 33 SENATE BILL 541 5
189-
190-
191-TICKETS FROM INSTANT TICKET LOTTERY MACHI NES OPERATED BY A FR ATERNAL 1
192-ORGANIZATION: 2
193-
194- 1. 20% TO THE HOMELESSNESS SOLUTIONS PROGRAM 3
195-IN THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT , TO BE USED, 4
196-IN CONSULTATION WITH THE DEPARTMENT OF VETERANS AND MILITARY 5
197-FAMILIES, TO ASSIST VETERANS A ND FAMILIES OF VETER ANS, WITH PRIORITY 6
198-GIVEN TO: 7
199-
200- A. WOMEN VETERANS WHO A RE HOMELESS OR AT RI SK 8
201-OF HOMELESSNESS ; 9
202-
203- B. SINGLE–PARENT VETERAN FAMIL IES; AND 10
204-
205- C. VETERANS WHO ARE VIC TIMS OF DOMESTIC 11
206-VIOLENCE; AND 12
207-
208- 2. FROM THE REMAINING P ROCEEDS OF SALES OF 13
209-TICKETS FROM INSTANT TICKET LOTTERY MACHI NES OPERATED BY A FR ATERNAL 14
210-ORGANIZATION : 15
211-
212- A. 25% TO THE FRATERNAL ORG ANIZATION TO BE USED 16
213-FOR UNDERGRADUATE , GRADUATE, OR TRADE SCHOOL SCHO LARSHIPS OR CAPITAL 17
214-IMPROVEMENTS , CAPITAL OUTLAY , ACQUISITIONS, OR EXISTING COMMUNIT Y 18
215-OUTREACH PROGRAMS AND RESO URCES; 19
216-
217- 2. 5% TO THE MARYLAND VETERANS TRUST FUND 20
218-ESTABLISHED UNDER § 9–913 OF THIS TITLE; 21
219-
220- B. 3. TO THE AGENCY, AN AMOUNT NECESSARY TO PAY FOR 22
221-THE PURCHASE OR LEAS E OF THE INSTANT TIC KET LOTTERY MACHINES AND 23
222-AGENCY ADMINISTRATION FEES FOR THE PROGRAM ; AND 24
223-
224- C. 4. ANY REMAINING AMOUNT TO THE EDUCATION TRUST 25
225-FUND ESTABLISHED UNDE R § 9–1A–30 OF THIS TITLE. 26
226-
227- (4) [(i) Subject to subparagraph (ii) of this paragraph, a veterans’ 27
228-organization issued a license under this subsection shall purchase or lease the instant 28
229-ticket lottery machines to be used by the veterans’ organization. 29
230-
231- (ii)] An organization may not use receipts NET PROCEEDS from the 30
232-sale of tickets from instant ticket lottery machines that would otherwise be [credited to the 31
233-State Lottery Fund] DISTRIBUTED AS REQUI RED UNDER PARAGRAPH (3) OF THIS 32
234-SUBSECTION for the costs of purchasing or leasing instant ticket lottery machines. 33 6 SENATE BILL 541
46+ (a) (1) In this section[, “veterans’] THE FOLLOWING WORDS HAVE THE 24
47+MEANINGS INDICATED . 25 2 SENATE BILL 541
23548
23649
23750
238- (5) (I) The Director may adopt regulations to implement the provisions 1
239-of this subsection that include restricting the location of instant ticket lottery machines in 2
240-areas of a veterans’ organization’s OR A FRATERNAL ORGAN IZATION’S public meeting 3
241-hall that is accessible to the public. 4
51+ (2) “ACTIVE MEMBERS ” MEANS INDIVIDUALS WH O ARE RECOGNIZED 1
52+BY A FRATERNAL ORGAN IZATION AS DUES–PAYING MEMBERS OR LI FETIME 2
53+MEMBERS. 3
24254
243- (II) A FRATERNAL ORGANIZATI ON MAY NOT LOCATE OR 5
244-OPERATE ITS INSTANT TICKET LOTTERY MACHI NES IN A MEETING HAL L THAT IS: 6
55+ (3) (I) “FRATERNAL ORGANIZATIO N” MEANS A NONPROFIT 4
56+ORGANIZATION THAT : 5
24557
246- 1. LOCATED ON OR AFFILI ATED WITH THE CAMPUS OF 7
247-AN INSTITUTION OF HI GHER EDUCATION ; OR 8
58+ 1. A. IS TAX EXEMPT AND OR GANIZED AS A 6
59+FRATERNAL OR SORORAL ORGANIZATION UNDER § 501(C)(7) OR § 501(C)(8) OF THE 7
60+INTERNAL REVENUE CODE; 8
24861
249- 2. LOCATED IN A BUILDIN G WHERE STUDENTS OF AN 9
250-INSTITUTION OF HIGHE R EDUCATION RESIDE. 10
62+ B. OWNS OR LEASES A PRO PERTY; AND 9
25163
252- (6) The Agency shall ensure that the element of chance in the conduct of 11
253-the gaming through the instant ticket lottery machines established under this subsection 12
254-is consistent with the holding in the case of Chesapeake Amusements Inc. v. Riddle, 363 13
255-Md. 16 (2001), in that the element of chance must be CONTAINED wholly within the 14
256-pre–printed PREDETERMINED instant lottery ticket, and that player enhancements in an 15
257-instant ticket lottery machine may not affect the element of chance being wholly within the 16
258-pre–printed instant lottery ticket. 17
64+ C. HAS A BONA FIDE MEMB ERSHIP OF AT LEAST 300 10
65+ACTIVE MEMBERS OR HA S BEEN LOCATED IN A COUNTY IN WHICH SUBS ECTION (D) 11
66+OF THIS SECTION APPL IES FOR AT LEAST 5 YEARS BEFORE THE ORG ANIZATION 12
67+APPLIES FOR A LICENS E UNDER SUBSECTION (D) OF THIS SECTION; OR 13
25968
260- (e) The Director may not issue a license to: 18
69+ 2. IS INDEPENDENT AND T HE MEMBERSHIP OF WHI CH 14
70+COMPRISES SOLELY GRA DUATE MEMBERS OF A N ATIONWIDE FRATERNITY OR 15
71+SORORITY THAT IS TAX EXEMPT UNDER § 501(C)(7) OR § 501(C)(8) OF THE 16
72+INTERNAL REVENUE CODE. 17
26173
262- (1) a person or governmental unit to engage in business primarily as a 19
263-licensed agent; or 20
74+ (II) “FRATERNAL ORGANIZATION ” DOES NOT INCLUDE : 18
26475
265- (2) an individual who is under the age of 21 years. 21
76+ 1. ANY COLLEGE OR HIGH SCHOOL FRATERNITY OR 19
77+SORORITY; OR 20
26678
267- (f) The Commission may hear and decide an appeal of a denial of a license. 22
79+ 2. ANY OTHER FRATERNITY OR SORORITY THE 21
80+MEMBERSHIP OF WHICH IS RESTRICTED IN WHO LE OR IN PART TO STU DENTS OR 22
81+GRADUATES OF AN EDUC ATIONAL INSTITUTION OR A PROFESSIONAL SC HOOL. 23
26882
269- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 23
270-1, 2025. 24
83+ (4) “VETERANS’ organization” means an organization that is tax exempt 24
84+and organized as a veterans’ organization under § 501(c)(19) or § 501(c)(4) of the Internal 25
85+Revenue Code. 26
86+
87+ (b) Except as provided in subsection (d) of this section, in accordance with the 27
88+regulations of the Agency and this subtitle, the Director shall issue licenses to the persons 28
89+and governmental units that will best serve the public convenience and promote the sale of 29
90+State lottery tickets or shares. 30
91+
92+ (c) Before issuing a license to an applicant, the Director [shall] MAY consider 31
93+such factors as: 32 SENATE BILL 541 3
27194
27295
27396
97+ (1) the financial responsibility and security of the applicant and the 1
98+business or activity of the applicant; 2
27499
275-Approved:
276-________________________________________________________________________________
277- Governor.
278-________________________________________________________________________________
279- President of the Senate.
280-________________________________________________________________________________
281- Speaker of the House of Delegates.
100+ (2) the accessibility of the place of business or activity to the public; 3
101+
102+ (3) the sufficiency of existing licenses to serve the public convenience; and 4
103+
104+ (4) the volume of expected sales. 5
105+
106+ (d) (1) This subsection does not apply in: 6
107+
108+ (i) Caroline County; 7
109+
110+ (ii) Cecil County; 8
111+
112+ (iii) Dorchester County; 9
113+
114+ (iv) Kent County; 10
115+
116+ (v) Queen Anne’s County; 11
117+
118+ (vi) Somerset County; 12
119+
120+ (vii) Talbot County; 13
121+
122+ (viii) Wicomico County; and 14
123+
124+ (ix) Worcester County. 15
125+
126+ (2) (i) Subject to subparagraph (ii) of this paragraph, the Director may 16
127+issue a license under this subtitle for not more than five instant ticket lottery machines to 17
128+an applicant that is a veterans’ organization OR FRATERNAL ORGANIZ ATION. 18
129+
130+ (ii) A veterans’ organization OR FRATERNAL ORGANIZ ATION that 19
131+is issued a license under this subsection shall locate and operate its instant ticket lottery 20
132+machines at its principal meeting hall in the county in which the veterans’ organization OR 21
133+FRATERNAL ORGANIZATI ON is located. 22
134+
135+ (3) (I) After deduction of any [commission and] validation prize payout 23
136+as provided under § 9–117 of this subtitle, a veterans’ organization issued a license under 24
137+this subsection shall credit the remaining receipts from the sale of tickets from instant 25
138+ticket lottery machines to the State Lottery Fund established under § 9–118 of this subtitle. 26
139+
140+ (II) ON A PROPERLY APPROVE D TRANSMITTAL , THE AGENCY 27
141+SHALL PAY THE FOLLOW ING AMOUNTS FROM THE NET PROCEEDS OF SALE S OF 28 4 SENATE BILL 541
142+
143+
144+TICKETS FROM INSTANT TICKET LOTTERY MACHI NES OPERATED BY A VE TERANS’ 1
145+ORGANIZATION : 2
146+
147+ 1. 50% TO VETERANS’ ORGANIZATIONS ; 3
148+
149+ 2. TO THE AGENCY, AN AMOUNT NECESSARY TO PAY FOR 4
150+THE PURCHASE OR LEAS E OF THE INSTANT TIC KET LOTTERY MACHINES AND 5
151+AGENCY ADMINISTRATION FEES FOR THE PROGRAM ; AND 6
152+
153+ 3. ANY REMAINING AMOUNT TO THE EDUCATION TRUST 7
154+FUND ESTABLISHED UNDER § 9–1A–30 OF THIS TITLE. 8
155+
156+ (III) AFTER DEDUCTION OF A VALIDATION PRIZE PAY OUT, A 9
157+FRATERNAL ORGANIZATI ON ISSUED A LICENSE UNDER THIS SUBSECTIO N SHALL 10
158+REMIT THE PROCEEDS F ROM THE SALE OF TICK ETS FROM INSTANT TIC KET LOTTERY 11
159+MACHINES TO THE AGENCY TO BE DISTRIBU TED AS PROVIDED IN S UBPARAGRAPH 12
160+(IV) OF THIS PARAGRAPH . 13
161+
162+ (IV) ON A PROPERLY APPROVE D TRANSMITTAL , THE AGENCY 14
163+SHALL PAY THE FOLLOW ING AMOUNTS FROM THE NET PROCEEDS OF SALE S OF 15
164+TICKETS FROM INSTANT TICKET LOTTERY MACHI NES OPERATED BY A FR ATERNAL 16
165+ORGANIZATION : 17
166+
167+ 1. 20% TO THE HOMELESSNESS SOLUTIONS PROGRAM 18
168+IN THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT , TO BE USED, 19
169+IN CONSULTATION WITH THE DEPARTMENT OF VETERANS AND MILITARY 20
170+FAMILIES, TO ASSIST VETERANS A ND FAMILIES OF VETER ANS, WITH PRIORITY 21
171+GIVEN TO: 22
172+
173+ A. WOMEN VETERANS W HO ARE HOMELESS OR A T RISK 23
174+OF HOMELESSNESS ; 24
175+
176+ B. SINGLE–PARENT VETERAN FAMIL IES; AND 25
177+
178+ C. VETERANS WHO ARE VIC TIMS OF DOMESTIC 26
179+VIOLENCE; AND 27
180+
181+ 2. FROM THE REMAINING P ROCEEDS OF SALES OF 28
182+TICKETS FROM INSTANT TICKET LOTTERY MACHI NES OPERATED BY A FR ATERNAL 29
183+ORGANIZATION : 30
184+
185+ A. 25% TO THE FRATERNAL ORG ANIZATION TO BE USED 31
186+FOR UNDERGRADUATE , GRADUATE, OR TRADE SCHOOL SCHOLARSHIPS OR CAPITAL 32 SENATE BILL 541 5
187+
188+
189+IMPROVEMENTS , CAPITAL OUTLAY , ACQUISITIONS, OR EXISTING COMMUNIT Y 1
190+OUTREACH PROGRAMS AN D RESOURCES ; 2
191+
192+ B. TO THE AGENCY, AN AMOUNT NECESSARY TO PAY FOR 3
193+THE PURCHASE OR LEAS E OF THE INSTANT TIC KET LOTTERY MACHINES AND 4
194+AGENCY ADMINISTRATION FEES FOR THE PROGRAM ; AND 5
195+
196+ C. ANY REMAINING AMOUNT TO THE EDUCATION TRUST 6
197+FUND ESTABLISHED UNDE R § 9–1A–30 OF THIS TITLE. 7
198+
199+ (4) [(i) Subject to subparagraph (ii) of this paragraph, a veterans’ 8
200+organization issued a license under this subsection shall purchase or lease the instant 9
201+ticket lottery machines to be used by the veterans’ organization. 10
202+
203+ (ii)] An organization may not use receipts from the sale of tickets 11
204+from instant ticket lottery machines that would otherwise be [credited to the State Lottery 12
205+Fund] DISTRIBUTED AS REQUI RED UNDER PARAGRAPH (3) OF THIS SUBSECTION for 13
206+the costs of purchasing or leasing instant ticket lottery machines. 14
207+
208+ (5) (I) The Director may adopt regulations to implement the provisions 15
209+of this subsection that include restricting the location of instant ticket lottery machines in 16
210+areas of a veterans’ organization’s OR A FRATERNAL ORGAN IZATION’S public meeting 17
211+hall that is accessible to the public. 18
212+
213+ (II) A FRATERNAL ORGANIZATI ON MAY NOT LOCATE OR 19
214+OPERATE ITS INSTANT TICKET LOTTERY MACHI NES IN A MEETING HAL L THAT IS: 20
215+
216+ 1. LOCATED ON OR AFFILIATED WITH THE CAMPUS OF 21
217+AN INSTITUTION OF HI GHER EDUCATION ; OR 22
218+
219+ 2. LOCATED IN A BUILDIN G WHERE STUDENTS OF AN 23
220+INSTITUTION OF HIGHE R EDUCATION RESIDE . 24
221+
222+ (6) The Agency shall ensure that the element of chance in the conduct of 25
223+the gaming through the instant ticket lottery machines established under this subsection 26
224+is consistent with the holding in the case of Chesapeake Amusements Inc. v. Riddle, 363 27
225+Md. 16 (2001), in that the element of chance must be wholly within the pre–printed instant 28
226+lottery ticket, and that player enhancements in an instant ticket lottery machine may not 29
227+affect the element of chance being wholly within the pre–printed instant lottery ticket. 30
228+
229+ (e) The Director may not issue a license to: 31
230+
231+ (1) a person or governmental unit to engage in business primarily as a 32
232+licensed agent; or 33
233+ 6 SENATE BILL 541
234+
235+
236+ (2) an individual who is under the age of 21 years. 1
237+
238+ (f) The Commission may hear and decide an appeal of a denial of a license. 2
239+
240+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effe ct July 3
241+1, 2025. 4
242+