Senate Committee Substitute

SCS/SB 44 - This act authorizes sports wagering, and modifies the definition of "gambling game" to include sports wagering. (Section 313.800)

Sports wagering shall only be authorized on excursion gambling boats. A gaming facility may offer sports wagering in-person at the licensed facility and over the internet via an interactive sports wagering platform to persons physically located in this state, provided that the person making the wager over the internet shall be required to activate an account in-person at the gaming facility to enable such wager.

A gaming facility may contract with an interactive sports wagering platform, as defined in the act, to administer sports wagering over the internet only if it holds a license issued by the Commission. Such licenses shall require a $10,000 application fee. Additionally, interactive sports wagering platforms shall pay an annual license renewal fee of $5,000. All license fees shall be deposited in the Gaming Commission Fund and distributed according to existing law. The Commission shall investigate all applicants for an interactive sports wagering platform license. If the cost of such application exceeds the cost of the investigation, the applicant shall remit the total cost of the investigation prior to the license being issued, provided the total cost of the investigation shall not exceed $50,000.

This act imposes a 12% tax on the adjusted gross receipts received from wagers on sporting events, and such tax shall be remitted and distributed as provided in current law. This act also imposes an administrative fee at a rate of 2.5% of adjusted gross receipts from wagers on sporting events. Such administrative fee shall be deposited in the Gaming Commission Fund, and eighty percent of such administrative fee shall be transferred to the Veterans' Commission Capital Improvement Trust Fund. (Section 313.855)

Sports wagering operators shall allow individuals to restrict themselves from placing wagers with the operator, as described in the act.

The Commission shall promulgate rules to ensure that an operator's advertisements for sports wagering disclose the identity of the operator, provide information about resources relating to gambling addiction, are not false, misleading, or deceptive, and do not target minors or other ineligible individuals. (313.860)

The Commission shall conduct background checks on all newly hired employees, and annual background checks on all existing employees. Operators shall employ reasonable methods to prohibit the following individuals from placing wagers with the operator: the operator and employees of the operator, along with any relative living in the same household as such person, from placing bets with the operator; athletes, coaches, referees, and other individuals associated with a sporting event (with the prohibition applying only to a sporting event overseen by that sport's governing body); individuals with access to non-public confidential information held by the operator; and persons placing wagers as agents or proxies for others.

Operators shall maintain the security of wagering data, customer data, and other confidential information from unauthorized access and dissemination.

A sports governing body may notify the Commission that it desires to restrict, limit, or exclude wagering on its sporting events by providing notice in a form required by the Commission, including restrictions on the sources of data and associated video upon which an operator may rely in offering and paying wagers and the bet types that may be offered. Upon receiving such notice, the Commission shall publish such wagering restrictions.

The Commission shall designate a state law enforcement entity to have primary responsibility for conducting, or assisting the Commission in conducting, investigations into abnormal betting activity, match fixing, or other conduct that corrupts a betting outcome. The Commission and sports wagering operators shall cooperating with investigations conducted by sports governing bodies or law enforcement agencies. Operators shall immediately report to the Commission any information relating to certain suspicious or illegal wagering activities, as described in the act. (Section 313.865)

Sports wagering operators shall maintain records of all bets and wagers placed, including personally identifiable information of the bettor, amount and type of bet, and certain other information relating to the bet as described in the act.

In addition to the other fees authorized under this act, at least once per calendar quarter, a sports wagering operator shall remit to the Commission an administrative fee of 0.5% of the gross amount wagered on its sporting events. Such fees shall be deposited in the "Entertainment Facilities Infrastructure Fund", which is created by the act. Such fund shall be used solely to fund the construction and maintenance of entertainment structures, fixtures, systems, and facilities including, but not limited to, convention centers, multipurpose sports and entertainment venues, exhibition and trade facilities, transportation facilities, cultural facilities, field houses, indoor and outdoor convention and recreational facilities and centers, playing fields, or parking facilities that contribute to the attraction of convention, sports, recreational, transportation, cultural, or meeting activities, either professional or amateur, commercial or private. (Section 313.870)

Any person who knowingly violates any procedure implemented under this act shall be liable for a civil penalty of not more than $5,000 for each violation, not to exceed $50,000 for violations arising out of the same transaction or occurrence. Such person shall also be subject to actions and penalties provided under current law, provided that any such financial penalties shall not exceed those provided for in the act. (Section 313.875)

Any person who places, or causes to be placed, a bet or wager on the basis of non-public information relating to that bet or wager, or who knowingly engages in, facilitates, or conceals conduct that intends to improperly influence a betting outcome of a sporting event for purposes of financial gain in connection with betting or wagering on a sporting event shall be guilty of a Class E felony. (Section 313.880)

This act is substantially similar to SB 222 (2019), HB 119 (2019), SB 1013 (2018), and to a provision contained in SB 187 (2019), and is similar to SB 195 (2019).

JOSHUA NORBERG


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