An Act To Ensure Proper Oversight of Sports Betting in the State
Maine Legislature, Session 130, LD 1527
Committee: Veterans and Legal Affairs
Sponsors: ROCHE, COREY, CROCKETT, DILLINGHAM, FAULKINGHAM, O'CONNOR, STEARNS, LUCHINI, WOODSOME
Amends: 8 MRSA §1003, 8 MRSA §1104, 25 MRSA §1542-A

Legislative Document
No. 1527
H.P. 1131
House of Representatives, April 19, 2021
An Act To Ensure Proper Oversight of Sports Betting in the State
Received by the Clerk of the House on April 15, 2021.  Referred to the Committee on 
Veterans and Legal Affairs pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative ROCHE of Wells.
Cosponsored by Representatives: COREY of Windham, CROCKETT of Portland, 
DILLINGHAM of Oxford, FAULKINGHAM of Winter Harbor, O'CONNOR of Berwick, 
STEARNS of Guilford, Senators: LUCHINI of Hancock, WOODSOME of York.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  8 MRSA §1003, sub-§5, as repealed and replaced by PL 2017, c. 475, Pt. 
A, §11, is amended to read:
5.  Additional duties of the director.  The director also serves as the director of the 
Gambling Control Unit, established as a bureau within the Department of Public Safety 
under Title 25, section 2902, subsection 12.  As director of the unit, the director shall 
administer and enforce the laws governing fantasy contests under chapter 33, sports 
wagering under chapter 35 and beano and games of chance under Title 17, chapters 13-A 
and 62, respectively.
Sec. 2.  8 MRSA §1104, sub-§2, as enacted by PL 2017, c. 303, §2, is amended to 
read:
2.  Certain leagues and contests prohibited.  A fantasy contest operator may not offer 
a fantasy contest based on the performances of participants in collegiate or high school 
athletic events or other athletic events involving participants under 18 years of age.
Sec. 3.  8 MRSA c. 35 is enacted to read:
CHAPTER 35
REGULATION OF SPORTS WAGERING
§1201.  Authorization of sports wagering; license required
Notwithstanding any provision of law to the contrary, the operation of sports wagering 
and ancillary activities are lawful when conducted in accordance with the provisions of this 
chapter and the rules adopted under this chapter.
A person or entity may not engage in any activities in this State that require a license 
under this chapter unless all necessary licenses have been obtained in accordance with this 
chapter and rules adopted under this chapter.
§1202.  Definitions
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1.  Adjusted gross sports wagering receipts.  "Adjusted gross sports wagering 
receipts" means an operator's gross receipts from sports wagering less the total of all 
winnings paid to patrons, which includes the cash equivalent of any merchandise or thing 
of value awarded as a prize, and less excise tax payments remitted to the Federal 
Government.
2.  Collegiate sports or athletic event.  "Collegiate sports or athletic event" means a 
sports or athletic event offered or sponsored by, or played in connection with, a public or 
private institution that offers postsecondary educational services.
3.  Commissioner.  "Commissioner" means the Commissioner of Public Safety.
4.  Department.  "Department" means the Department of Public Safety.
5.  Director.  "Director" means the director of the Gambling Control Unit within the 
department.
6.  Facility operator.  "Facility operator" means a facility sports wagering licensee 
under subsection 7, paragraph A.
7.  License.  "License" means any license applied for or issued by the director under 
this chapter, including, but not limited to:
A.  A facility sports wagering license under section 1206 to conduct sports wagering 
in which wagers are placed within a physical location in this State;
B.  A mobile sports wagering license under section 1207 to permit a mobile operator 
to operate sports wagering through an approved mobile application or other digital 
platform that involves, at least in part, the use of the Internet;
C.  A supplier license under section 1208 to sell goods and services to be used in 
connection with sports wagering, but not to directly accept wagers;
D.  A management services license under section 1209 to manage sports wagering on 
behalf of a facility sports wagering licensee or a mobile sports wagering licensee; and
E.  An occupational license under section 1210 to be employed by a facility sports 
wagering licensee to operate sports wagering when the employee performs duties in 
furtherance of or associated with the operation of sports wagering.
8.  Mobile operator.  "Mobile operator" means a mobile sports wagering licensee 
under subsection 7, paragraph B.
9.  Official league data.  "Official league data" means statistics, results, outcomes and 
other data relating to a sports event that is obtained pursuant to an agreement with the 
relevant sports governing body or an entity expressly authorized by the relevant sports 
governing body to provide that data to operators for determining the outcome of tier 2 
sports wagers on that sports event.
10.  Operator.  "Operator" includes a facility operator and a mobile operator.
11.  Professional sports or athletic event.     "Professional sports or athletic event" 
means an event at which 2 or more persons participate in sports or athletic contests and 
receive compensation in excess of actual expenses for their participation in the event.
12.  Prohibited sports event.  "Prohibited sports event" means a high school sports or 
athletic event, any other event in which a majority of the participants are under 18 years of 
age or a collegiate sports or athletic event in which any Maine collegiate sports team 
participates, regardless of where the event takes place.
13.  Qualified gaming entity.  "Qualified gaming entity" means a gaming entity that 
offers sports wagering through mobile applications or digital platforms in any jurisdiction 
in the United States pursuant to a state regulatory structure.
14.  Sports event.  "Sports event" means any professional sports or athletic event, 
collegiate sports or athletic event or amateur sports or athletic event, including but not 
limited to an Olympic or international sports or athletic event, a motor vehicle race or an 
electronic sports event, commonly referred to as "e-sports."
15.  Sports governing body.  "Sports governing body" means an organization that is 
headquartered in the United States and prescribes final rules and enforces codes of conduct 
with respect to a sports event and participants in the sports event.
16.  Sports wagering.  "Sports wagering" means the business of accepting wagers on 
sports events or portions of sports events, the individual performance statistics of athletes 
in a sports event or a combination of any of the same by any system or method of wagering 
approved by the director, including, but not limited to, in person on the property of a facility 
licensee or via a mobile sports wagering licensee's mobile applications and digital 
platforms that use communications technology to accept wagers. "Sports wagering" does 
not include the sale of pari-mutuel pools authorized under chapter 11 or the operation of 
fantasy contests as defined in section 1101, subsection 4.
17.  Tier 1 sports wager.  "Tier 1 sports wager" means a wager placed on a sports 
event that is based solely on the final score or final outcome of the relevant sports event 
and is placed before the relevant sports event has begun.
18.  Tier 2 sports wager.  "Tier 2 sports wager" means a wager placed on a sports 
event that is not a tier 1 sports wager.
19.  Wager.  "Wager" means a sum of money or thing of value risked on an uncertain 
occurrence.
§1203.  Powers and duties of director
1.  Powers and duties.  In administering and enforcing this chapter, the director:
A.  Has the power to regulate the conduct of sports wagering;
B.  Shall determine the eligibility of a person to hold or continue to hold a license, shall 
issue all licenses and shall maintain a record of all licenses issued under this chapter;
C.  Shall levy and collect all fees, civil penalties and tax on adjusted gross sports 
wagering receipts imposed by this chapter, except as otherwise provided under this 
chapter;
D.  May sue to enforce any provision of this chapter or any rule of the director by civil 
action or petition for injunctive relief;
E.  May hold hearings, administer oaths and issue subpoenas or subpoenas duces tecum 
in the manner provided by applicable law; and
F.  May exercise any other powers necessary to effectuate the provisions of this chapter 
and the rules of the director.
2.  Rules.  The director shall adopt rules governing the conduct of sports wagering in 
the State, which must, at a minimum, include the following:
A.  Qualifications for obtaining a facility sports wagering license, supplier license, 
management services license, mobile sports wagering license or occupational license, 
including the procedure and qualifications for obtaining a waiver of the occupational 
license requirement;
B.  Qualifications for obtaining a temporary facility sports wagering license, temporary 
supplier license, temporary management services license and temporary mobile sports 
wagering license;
C.  The methods of operation of sports wagering, including but not limited to the 
permitted systems and methods of wagers; the use of credit and checks by persons 
making wagers; the types of wagering receipts that may be used; the method of issuing 
receipts; the prevention of sports wagering on prohibited sports events; the protection 
of patrons placing wagers; and the promotion of social responsibility and responsible 
gaming and display of information on resources for problem gambling at a facility 
operator's premises or on any mobile application or digital platform used to place 
wagers;
D.  If the director determines that establishment of a maximum wager is necessary for 
the protection of public safety, the maximum wager that may be accepted from any one 
person on a single sports event;
E.  Standards for the adoption of comprehensive house rules governing sports wagering 
by operators and the approval of house rules by the director as required under section 
1211;
F.  Minimum design and security requirements for the physical premises of facility 
operators in which sports wagering is conducted, including but not limited to minimum 
requirements for the acceptance of wagers at a self-serve kiosk located on the premises 
and minimum required methods for verifying the identity and age of a person who 
places a wager with a facility operator, for verifying that the person making a wager is 
not prohibited from a making a wager under section 1213 and for requiring the refund 
of any wager determined to have been placed by a person prohibited from making a 
wager under section 1213;
G.  Minimum design and security requirements for mobile applications and digital 
platforms for the acceptance of wagers by mobile operators, including required 
methods for verifying the age and identity of a person who places a wager with a mobile 
operator, for verifying that the person making the wager is physically located in the 
State and is not prohibited from making a wager under section 1213 and for requiring 
the refund of any wager determined to have been placed by a person prohibited from 
making a wager under section 1213;
H.  The types of interested parties, including sports team or league employees or 
owners, from whom operators are prohibited from accepting wagers under section 
1213, subsection 4;
I.  Minimum design, security, testing and approval requirements for sports wagering 
equipment, systems or services sold by suppliers licensed under section 1208;
J.  Minimum requirements for a contract between a management services licensee 
under section 1209 and an operator on whose behalf the management services licensee 
conducts sports wagering, including but not limited to requirements that the person 
providing management services is licensed prior to entering a contract and that the 
contract be approved by the director prior to the conduct of sports wagering;
K.  Establishment of a list of persons who are not authorized to place a wager on a 
sports event, including but not limited to those persons who voluntarily request that 
their names be included on the list of unauthorized persons.  The rules adopted under 
this paragraph must define the standards for involuntary placement on the list and for 
removal from the list; and
L.  Minimum internal control standards for operators, including but not limited to 
procedures for safeguarding assets and revenues; the recording of cash and evidence 
of indebtedness; the maintenance of reliable records, accounts and reports of 
transactions, operations and events; required audits; and the content of and frequency 
with which reports of sports wagering activities and revenues must be made to the 
director.
3.  Rulemaking.  Rules adopted by the director pursuant to this chapter are routine 
technical rules as defined in Title 5, chapter 375, subchapter 2-A.
§1204.  Application; criminal history background check
1.  Application.  An application for a license or for renewal of a license required under 
this chapter must be submitted on the form provided by the director. An application 
submitted to the director must, at a minimum, include the following:
A.  The full name, current address and contact information of the applicant;
B.  Disclosure of each person that has control of the applicant as described in subsection 
2;
C.  Consent to permit the director to conduct a criminal history record check in 
accordance with subsection 3 of the applicant and each person disclosed under 
paragraph B in accordance with procedures established by the director;
D.  For the applicant and each person disclosed under paragraph B, a record of previous 
issuances and denials of or any adverse action taken against a gambling-related license 
or application under this Title or in any other jurisdiction. For purposes of this 
paragraph, "adverse action" includes, but is not limited to, a condition resulting from 
an administrative, civil or criminal violation, a suspension or revocation of a license or 
a voluntary surrender of a license to avoid or resolve a civil, criminal or disciplinary 
action; and
E.  Any additional information required by the director by rule.
2.  Persons that have control.  The following persons are considered to have control 
of an applicant or a licensee:
A.  Each corporate holding company, parent company or subsidiary company of a 
corporate applicant or licensee and each person that owns 10% or more of the corporate 
applicant or licensee and that has the ability to control the activities of the corporate 
applicant or licensee or elect a majority of the board of directors of that corporate 
applicant or licensee, except for a bank or other licensed lending institution that holds 
a mortgage or other lien acquired in the ordinary course of business;
B.  Each person associated with a noncorporate applicant or licensee that directly or 
indirectly holds a beneficial or proprietary interest in the noncorporate applicant's or 
licensee's business operation or that the director otherwise determines has the ability to 
control the noncorporate applicant or licensee; and
C.  Key personnel of an applicant or licensee, including any executive, employee or 
agent, having the power to exercise significant influence over decisions concerning any 
part of the applicant's or licensee's relevant business operation.
3.  Criminal history record check.  The director shall request a criminal history record 
check in accordance with this subsection for each applicant for initial licensure and each 
person required to be disclosed by the applicant for initial licensure under subsection 1, 
paragraph B. The director may require a criminal history record check in accordance with 
this section from a licensee seeking to renew a license, from any person the licensee is 
required to disclose under subsection 1, paragraph B as part of the license renewal 
application and from any person identified by the licensee under subsection 4. A criminal 
history record check conducted pursuant to this section must include criminal history 
record information obtained from the Maine Criminal Justice Information System 
established in Title 16, section 631 and the Federal Bureau of Investigation.
A.  Criminal history record information obtained from the Maine Criminal Justice 
Information System pursuant to this subsection must include a record of public criminal 
history record information as defined in Title 16, section 703, subsection 8.
B.  Criminal history record information obtained from the Federal Bureau of 
Investigation pursuant to this subsection must include other state and national criminal 
history record information.
C.  An individual required to submit to a criminal history record check under this 
subsection shall submit to having the individual's fingerprints taken. The State Police, 
upon payment by the individual of the fee required under paragraph D, shall take or 
cause to be taken the individual's fingerprints and shall forward the fingerprints to the 
Department of Public Safety, Bureau of State Police, State Bureau of Identification. 
The State Bureau of Identification shall conduct the state and national criminal history 
record checks required under this subsection. Except for the portion of a payment, if 
any, that constitutes the processing fee for a criminal history record check charged by 
the Federal Bureau of Investigation, all money received by the State Police under this 
subsection must be paid to the Treasurer of State, who shall apply the money to the 
expenses incurred by the Department of Public Safety in the administration of this 
subsection.
D.  The director shall by rule set the amount of the fee to be paid for each criminal 
history record check required to be performed under this subsection.
E.  The subject of a Federal Bureau of Investigation criminal history record check may 
obtain a copy of the criminal history record check by following the procedures outlined 
in 28 Code of Federal Regulations, Sections 16.32 and 16.33. The subject of a state 
criminal history record check may inspect and review the criminal history record 
information pursuant to Title 16, section 709.
F.  State and national criminal history record information obtained by the director under 
this subsection may be used only for the purpose of screening an applicant for a license 
or a license renewal under this chapter.
G.  All criminal history record information obtained by the director pursuant to this 
subsection is confidential, is for the official use of the director only and may not be 
disseminated by the director or disclosed to any other person or entity except as 
provided in paragraph E.
H.  The director, after consultation with the Department of Public Safety, Bureau of 
State Police, State Bureau of Identification, shall adopt rules to implement this 
subsection.
4.  Material change to application.  A person licensed under this chapter shall give 
the director written notice within 30 days of any material change to any information 
provided in the licensee's application for a license or renewal, including any change in the 
identity of persons considered to have control of the licensee as described in subsection 2.
5.  Gambling Control Unit employees prohibited.  An employee of the Gambling 
Control Unit within the department may not be an applicant for a license issued under this 
chapter.
§1205.  Denial of license; administrative sanctions
1.  Grounds for denial of license or imposition of administrative sanctions.  The 
following are grounds for the director to deny a license or license renewal or for the 
imposition of administrative sanctions, in accordance with this section, on a person licensed 
under this chapter:
A.  If the applicant or licensee has knowingly made a false statement of material fact 
to the director;
B.  If the applicant or licensee has not disclosed the existence or identity of other 
persons that have control of the applicant or licensee as required by section 1204, 
subsections 1 and 4;
C.  If the applicant or licensee has had a license revoked by any government authority 
responsible for regulation of gaming activities;
D.  If the applicant, the licensee or a person having control of the applicant or licensee 
under section 1204, subsection 2 is not of good moral character. In determining whether 
the applicant, licensee or person is of good moral character, the director shall consider 
qualities that include but are not limited to honesty, candor, trustworthiness, diligence, 
reliability, observance of fiduciary and financial responsibility and respect for the 
rights of others;
E.  If the applicant, the licensee or a person having control of the applicant or licensee 
under section 1204, subsection 2:
(1)  Has, in any jurisdiction, been convicted of or pled guilty or nolo contendere to 
a crime punishable by one year or more of imprisonment;
(2)  Has, in any jurisdiction, been adjudicated of committing a civil violation or 
been convicted of a criminal violation involving dishonesty, deception, 
misappropriation or fraud;
(3)  Has engaged in conduct in this State or any other jurisdiction that would 
constitute a violation of this chapter; chapter 11 involving gambling; chapter 31; 
Title 17, chapter 13-A or 62; Title 17-A, chapter 39; or substantially similar 
offenses in other jurisdictions;
(4)  Is a fugitive from justice, a drug user, a person with substance use disorder, an 
illegal alien or a person who was dishonorably discharged from the Armed Forces 
of the United States; or
(5)  Is not current in filing all applicable tax returns and in the payment of all taxes, 
penalties and interest owed to this State, any other state or the United States 
Internal Revenue Service, excluding items under formal appeal;
F.  If the applicant or licensee has not demonstrated to the satisfaction of the director 
sufficient financial assets to meet the requirements of the licensed business or proposed 
business and to meet any financial obligations imposed by this chapter;
G.  If the applicant, the licensee or a person having control of the applicant or licensee 
under section 1204, subsection 2 has not demonstrated financial responsibility. For the 
purposes of this paragraph, "financial responsibility" means a demonstration of a 
current and expected future condition of financial solvency sufficient to satisfy the 
director that the applicant, the licensee or the person can successfully engage in 
business without jeopardy to the public health, safety and welfare. "Financial 
responsibility" may be determined by an evaluation of the total history concerning the 
applicant, the licensee or the person, including past, present and expected condition 
and record of financial solvency, business record and accounting and managerial 
practices;
H.  If the applicant or licensee has not met the requirements of this chapter; or
I.  If the applicant or licensee has violated any provision of this chapter or of the rules 
adopted under this chapter.
2.  Denial of initial license or renewed license; notice; hearing.  The director may 
deny an application for a license or for renewal of a license for the reasons set forth in 
subsection 1.  The director shall notify the applicant or the licensee in writing of the 
decision and of the opportunity to request a hearing conducted by the commissioner.
If the applicant or licensee fails to request a hearing within 30 days of the date that the 
notice was mailed under this subsection, the director may issue a final decision denying the 
application for a license or for renewal of a license.  If the applicant or licensee makes a 
timely request for a hearing, the commissioner shall conduct an adjudicatory hearing in 
accordance with Title 5, chapter 375, subchapter 4.  The director’s decision to deny the 
license or license renewal stands until the commissioner issues a decision to uphold, modify 
or overrule the director’s decision.
After hearing, if the commissioner finds grounds for denying a license or license renewal 
under subsection 1, the commissioner may deny the application for a license or for renewal 
of a license.
3.  Investigation of complaints; notice; hearing.  The director or the director’s 
designee shall investigate a complaint on the director’s own motion or upon receipt of a 
written complaint regarding noncompliance with or violation of this chapter or of any rules 
adopted under this chapter.  Following the investigation, the director may mail the licensee 
a notice of violation and proposed sanction and the opportunity to request a hearing.
If the licensee fails to request a hearing within 30 days of the date that a notice was mailed 
under this subsection, the director may issue a final decision imposing the sanction 
proposed in the notice.  If the licensee makes a timely request for a hearing, the 
commissioner shall conduct an adjudicatory hearing in accordance with Title 5, chapter 
375, subchapter 4.  If, after the hearing, the commissioner finds that the factual basis of the 
complaint is true and is of sufficient gravity to warrant further action, the commissioner 
may impose an administrative sanction under subsection 4.
4.  Administrative sanctions.  The director or the commissioner may, pursuant to 
subsection 3, impose the following administrative sanctions on a licensee:
A.  A written reprimand;
B.  Conditions of probation of a license;
C.  A license suspension;
D.  A license revocation; or
E.  A civil penalty of up to $25,000 per violation of any provision of this chapter or 
rule adopted pursuant to this chapter.
5.  Appeals.  A person aggrieved by the final decision of the commissioner under 
subsection 2 or 3 may appeal the commissioner's decision to the Superior Court in 
accordance with Title 5, chapter 375, subchapter 7.
§1206.  Facility sports wagering license
1.  Issuance of license.  The director shall issue a facility sports wagering license upon 
finding that the applicant meets all requirements of this section, sections 1204 and 1205 
and rules adopted under this chapter.
2.  Eligibility.  To be eligible to receive a facility sports wagering license, an applicant 
must be:
A.  A commercial track licensed under section 271;
B.  An off-track betting facility licensed under section 275-D;
C.  A slot machine facility or casino licensed under section 1011; or
D.  A federally recognized Indian tribe in this State.
Each entity or tribe identified in paragraphs A to D may receive only one facility sports 
wagering license under this section.
3.  Authority to conduct sports wagering; management services permitted.  A 
facility sports wagering license granted by the director pursuant to this section grants a 
licensee lawful authority to conduct sports wagering within the terms and conditions of the 
license and any rules adopted under this chapter.  A facility sports wagering licensee may 
contract with a management services licensee under section 1209.
4.  Fees.  The fee for an initial or renewed facility sports wagering license is $2,000 
and must be retained by the director for the costs of administering this chapter.  In addition 
to the license fee, the director may charge a processing fee for an initial or renewed license 
in an amount equal to the projected cost of processing the application and performing any 
background investigations. If the actual cost exceeds the projected cost, an additional fee 
may be charged to meet the actual cost. If the projected cost exceeds the actual cost, the 
difference may be refunded to the applicant or licensee.
5.  Term of license.  Except as provided in subsection 6, a license granted or renewed 
under this section is valid for 2 years unless sooner revoked by the director under section 
1205.  The failure of an entity identified in subsection 2, paragraph A, B or C to maintain 
the underlying license described in that paragraph voids the entity's facility sports wagering 
license.
6.  Temporary license.  An applicant for a facility sports wagering license that is 
qualified under subsection 2, paragraph A, B or C may submit with the application a request 
for a temporary license.  An applicant for a facility sports wagering license that is qualified 
under subsection 2, paragraph D and that has a license to operate high-stakes beano under 
Title 17, section 314-A may submit with the application a request for a temporary license.
A request for a temporary license must include the initial license fee of $2,000.  If the 
director determines that the applicant is qualified under subsection 2, meets the 
requirements established by rule for a temporary license and has paid the initial license fee 
and the director is not aware of any reason the applicant is ineligible for a license under 
this section, the director may issue a temporary facility sports wagering license.  A 
temporary license issued under this subsection is valid for one year or until a final 
determination on the facility sports wagering license application is made, whichever is 
sooner.  If after investigation the director determines that the applicant is eligible for a 
facility sports wagering license under this chapter, the director shall issue the initial facility 
sports wagering license, at which time the temporary license terminates.  The initial facility 
sports wagering license is valid for 2 years from the date that the temporary license was 
issued by the director.  Sports wagering conducted under authority of a temporary license 
must comply with the facility operator's house rules adopted under section 1211.
7.  Occupational license required.  A facility sports wagering licensee, including a 
temporary licensee under subsection 6, shall conduct sports wagering through persons 
holding a valid occupational license under section 1210.
8.  Municipal control.  Nothing in this chapter may be construed to restrict the 
authority of municipalities under municipal home rule provisions of the Constitution of 
Maine, including zoning and public safety authority.
§1207.  Mobile sports wagering license
1.  Issuance of license.  The director shall issue a mobile sports wagering license upon 
finding that the applicant meets all requirements of this section, sections 1204 and 1205 
and rules adopted under this chapter.
2.  Eligibility.  To be eligible to receive a mobile sports wagering license, an applicant 
must be:
A.  A commercial track licensed under section 271;
B.  An off-track betting facility licensed under section 275-D;
C.  A slot machine facility or casino licensed under section 1011;
D.  A federally recognized Indian tribe in this State; or
E.  A qualified gaming entity.
3.  Authority to conduct sports wagering; management services permitted.  A 
mobile sports wagering license granted by the director pursuant to this section grants a 
licensee lawful authority to conduct sports wagering through any mobile applications or 
digital platforms approved by the director within the terms and conditions of the license 
and any rules adopted under this chapter.  A mobile sports wagering licensee may contract 
with a management services licensee under section 1209.
4.  Fees.  The fee for an initial or renewed mobile sports wagering license is $20,000 
and must be retained by the director for the costs of administering this chapter.  In addition 
to the license fee, the director may charge a processing fee for an initial or renewed license 
in an amount equal to the projected cost of processing the application and performing any 
background investigations. If the actual cost exceeds the projected cost, an additional fee 
may be charged to meet the actual cost. If the projected cost exceeds the actual cost, the 
difference may be refunded to the applicant or licensee.
5.  Term of license.  Except as provided in subsection 6, a license granted or renewed 
under this section is valid for 2 years unless sooner revoked by the director under section 
1205.  The failure of an entity identified in subsection 2, paragraph A, B or C to maintain 
the underlying license described in that paragraph voids the entity's mobile sports wagering 
license.
6.  Temporary license.  An applicant for a mobile sports wagering license may submit 
with the application a request for a temporary license.  A request for a temporary license 
must include the initial license fee of $20,000.  If the director determines that the applicant 
is qualified under subsection 2, meets the requirements established by rule for a temporary 
license and has paid the initial license fee and the director is not aware of any reason the 
applicant is ineligible for a license under this section, the director may issue a temporary 
mobile sports wagering license.  A temporary license issued under this subsection is valid 
for one year or until a final determination on the mobile sports wagering license application 
is made, whichever is sooner.  If after investigation the director determines that the 
applicant is eligible for a mobile sports wagering license under this chapter, the director 
shall issue the initial mobile sports wagering license, at which time the temporary license 
terminates.  The initial mobile sports wagering license is valid for 2 years from the date 
that the temporary license was issued by the director.  Sports wagering conducted under 
authority of a temporary license must comply with the mobile operator's house rules 
adopted under section 1211.
§1208.  Supplier license
1.  Issuance of license; eligibility.  The director shall issue a supplier license upon 
finding that the applicant meets all requirements of this section, sections 1204 and 1205 
and rules adopted under this chapter.
2.  Equipment.  An applicant for a supplier license shall demonstrate that the 
equipment, systems or services that the applicant plans to offer to an operator conform to 
standards established by rule by the director. The director may accept approval by another 
jurisdiction that is specifically determined by the director to have similar equipment 
standards as evidence the applicant meets the standards established by the director by rule.
3.  Authority to supply operators.  A supplier license granted by the director pursuant 
to this section grants a licensee lawful authority to sell or to lease sports wagering 
equipment, systems or services to operators in the State within the terms and conditions of 
the license and any rules adopted under this chapter.
4.  Fees.  The fee for an initial or renewed supplier license is $20,000 and must be 
retained by the director for the costs of administering this chapter.  In addition to the license 
fee, the director may charge a processing fee for an initial or renewed license in an amount 
equal to the projected cost of processing the application and performing any background 
investigations. If the actual cost exceeds the projected cost, an additional fee may be 
charged to meet the actual cost. If the projected cost exceeds the actual cost, the difference 
may be refunded to the applicant or licensee.
5.  Term of license.  Except as provided in subsection 6, a license granted or renewed 
under this section is valid for 2 years unless sooner revoked by the director under section 
1205.
6.  Temporary license.  An applicant for a supplier license may submit with the 
application a request for a temporary license.  A request for a temporary license must 
include the initial license fee of $20,000.  If the director determines that the applicant is 
qualified under subsection 2, meets the requirements established by rule for a temporary 
license and has paid the initial license fee and the director is not aware of any reason the 
applicant is ineligible for a license under this section, the director may issue a temporary 
supplier license.  A temporary license issued under this subsection is valid for one year or 
until a final determination on the supplier license application is made, whichever is sooner.  
If after investigation the director determines that the applicant is eligible for a supplier 
license under this chapter, the director shall issue the initial supplier license, at which time 
the temporary license terminates.  The initial supplier license is valid for 2 years from the 
date that the temporary license was issued by the director.  
7.  Inventory.  A supplier licensee shall submit to the director a list of all sports 
wagering equipment, systems and services sold or leased to, delivered to or offered to an 
operator in this State as required by the director, all of which must be tested and approved 
by an independent testing laboratory approved by the director. An operator may continue 
to use supplies acquired from a licensed supplier if the supplier's license subsequently 
expires or is otherwise revoked, unless the director finds a defect in the supplies.
§1209.  Management services license
1.  Issuance of license; eligibility.  The director shall issue a management services 
license upon finding that the applicant meets all requirements of this section, sections 1204 
and 1205 and rules adopted under this chapter and that the applicant has sufficient 
knowledge and experience in the business of operating sports wagering to effectively 
conduct sports wagering in accordance with this chapter and the rules adopted under this 
chapter.
2.  Authority to enter contract with operator.  A management services licensee may 
contract with an operator to manage sports wagering operations on behalf of the operator 
in accordance with rules adopted under this chapter.
3.  Contract approval; material change in written contract.  A person may not 
contract with an operator to conduct sports wagering on behalf of the operator unless the 
person is licensed under this section and the director approves the written contract.  A 
management services licensee shall submit to the director any proposed material change to 
the written contract that has been approved by the director under this subsection.  A 
management services licensee may not transfer, assign, delegate or subcontract any portion 
of the management services licensee's responsibilities under the contract or any portion of 
the management services licensee's right to compensation under the contract to any other 
person who does not hold a management services license.
4.  Fees.  The fee for an initial or renewed management services license is $20,000 and 
must be retained by the director for the costs of administering this chapter.  In addition to 
the license fee, the director may charge a processing fee for an initial or renewed license in 
an amount equal to the projected cost of processing the application and performing any 
background investigations. If the actual cost exceeds the projected cost, an additional fee 
may be charged to meet the actual cost. If the projected cost exceeds the actual cost, the 
difference may be refunded to the applicant or licensee.
5.  Term of license.  Except as provided in subsection 6, a license granted or renewed 
under this section is valid for 2 years unless sooner revoked by the director under section 
1205.
6.  Temporary license.  An applicant for a management services license may submit 
with the application a request for a temporary license.  A request for a temporary license 
must include the initial license fee of $20,000.  If the director determines that the applicant 
is qualified under subsection 1, meets the requirements established by rule for a temporary 
license and has paid the initial license fee and the director is not aware of any reason the 
applicant is ineligible for a license under this section, the director may issue a temporary 
management services license.  A temporary license issued under this subsection is valid for 
one year or until a final determination on the management services license application is 
made, whichever is sooner.  If after investigation the director determines that the applicant 
is eligible for a management services license under this chapter, the director shall issue the 
initial management services license, at which time the temporary license terminates.  The 
initial management services license is valid for 2 years from the date that the temporary 
license was issued by the director.
§1210.  Occupational license
1.  License required.  A person may not be employed by a facility operator to be 
engaged directly in sports wagering-related activities or otherwise to conduct or operate 
sports wagering without a valid occupational license issued by the director under this 
section. The director shall issue an occupational license to a person who meets the 
requirements of this section, section 1204 and section 1205.  The director shall by rule 
establish a process for issuance of occupational licenses that is, as far as possible, identical 
to the process for licensing employees of a casino under section 1015.
2.  Authority to be employed in sports wagering.  An occupational license authorizes 
the licensee to be employed by a facility operator in the capacity designated by the director 
while the license is active. The director may establish, by rule, job classifications with 
different requirements to recognize the extent to which a particular job has the ability to 
affect the proper operation of sports wagering.
3.  Application and fee.  Except as provided in subsection 5, an applicant shall submit 
any required application forms established by the director and pay a nonrefundable 
application fee of $250. The fee may be paid on behalf of an applicant by the facility 
operator employer. Fees paid under this subsection must be retained by the director for the 
costs of administering this chapter.
4.  Renewal fee and form.  An occupational licensee shall pay to the director an annual 
renewal fee of $50.  The fee may be paid on behalf of the occupational licensee by the 
facility operator employer. In addition to a renewal fee, an occupational licensee shall 
annually submit a renewal application on the form required by the director. Fees paid under 
this subsection must be retained by the director for the costs of administering this chapter.
5.  Exception.  An individual who is actively licensed under section 1015 as an 
employee of a casino that has a facility sports wagering license may obtain or renew a 
license under this section without paying an initial license fee or a renewal license fee under 
this section.
§1211.  Sports wagering house rules
1.  Adoption of house rules.  An operator shall adopt comprehensive house rules for 
game play governing sports wagering transactions with its patrons.  House rules must be 
approved by the director prior to implementation and meet the minimum standards 
established by the director by rule, including, but not limited to, requiring that the house 
rules specify the amounts to be paid on winning wagers and the effect of schedule changes, 
the circumstances under which the operator will void a bet and treatment of errors, late bets 
and related contingencies.
2.  Advertisement of house rules.  The house rules, together with any other 
information the director determines to be appropriate, must be advertised as required by 
the director by rule and must be made readily available to patrons.
§1212.  Access to premises and equipment
A licensee under this chapter shall permit the director, the department or a designee of 
the director unrestricted access, during regular business hours, including access to locked 
or secured areas, to inspect any facility and any equipment, prizes, records or other items 
to be used in the operation of sports wagering.
§1213.  Persons prohibited from making wagers on sports events
An operator and a management services licensee conducting sports wagering on behalf 
of an operator may not accept a wager on a sports event from the following persons:
1.  Persons under 21 years of age.  A person who has not attained 21 years of age;
2.  Sports event participants.  An athlete or individual who participates or officiates 
in the sports event that is the subject of the wager;
3.  Operators and employees.  An operator or management services licensee; 
directors, officers and employees of an operator or management services licensee; or a 
relative living in the same household as any of these persons.  This subsection does not 
prohibit a relative living in the same household as a director, officer or employee of an 
operator or management services licensee from making a sports wager with an unaffiliated 
operator or management services licensee;
4.  Interested parties.  A person with an interest in the outcome of the sports event 
identified by the director by rule.  The interested parties identified by the director by rule 
under this paragraph may include, but are not limited to, legal or beneficial owners of or 
employees of a sports team participating in the event or another sports team in the same 
league as a sports team participating in the event as well as directors, owners or employees 
of the sports league conducting the event;
5.  Unauthorized persons.  A person on a list established by rule by the director under 
section 1203, subsection 2, paragraph K of persons who are not authorized to make wagers 
on sports events;
6.  Third parties.  A person making a wager on behalf of or as the agent or custodian 
of another person; and
7.  Regulatory staff.  An employee of the Gambling Control Unit within the 
department.
§1214.  Certain sports wagers prohibited 
1.  Prohibited wagers.  An operator may not, with respect to a sports event of a sport 
governing body headquartered in the United States, offer or accept wagers on the 
occurrence of injuries or penalties, the outcome of player disciplinary rulings or replay 
reviews.
2.  Request from sports governing body.  A sports governing body may submit to the 
director in writing a request to restrict, limit or exclude a certain type, form or category of 
sports wagering with respect to sports events of that sports governing body if the sports 
governing body believes that that type, form or category of sports wagering with respect to 
sports events of that sports governing body may undermine the integrity or perceived 
integrity of that sports governing body or sports events of that sports governing body.  The 
director shall request comment from operators on all requests under this subsection.  After 
giving due consideration to all comments received, the director shall, upon a demonstration 
of good cause from the sports governing body that the type, form or category of sports 
wagering is likely to undermine the integrity or perceived integrity of that sports governing 
body or sports events of that sports governing body, grant the request.  The director shall 
respond to a request concerning a particular event before the start of the event or, if it is not 
feasible to respond before the start of the event, no later than 7 days after the request is 
made.  If the director determines that the sports governing body is more likely than not to 
prevail in successfully demonstrating good cause for its request, the director may 
provisionally grant the request of the sports governing body until the director makes a final 
determination as to whether the sports governing body has demonstrated good cause.  
Absent such a provisional grant by the director, an operator may continue to offer sports 
wagering on sports events that are the subject of that request during the pendency of the 
director's consideration of the request. 
§1215.  Abnormal wagering activity
1.  Duty to report.  An operator shall, as soon as practicable, report to the director any 
information relating to abnormal wagering activity or patterns that may indicate a concern 
with the integrity of a sports event or any other conduct that corrupts a wagering outcome 
of a sports event for purposes of financial gain, including match fixing.  An operator shall 
concurrently report that information to the relevant sports governing body. 
2.  Cooperation efforts.  An operator shall use commercially reasonable efforts to 
cooperate with investigations conducted by sports governing bodies or law enforcement 
agencies, including but not limited to using commercially reasonable efforts to provide or 
facilitate the provision of wagering information. 
3.  Information confidentiality.  The director and operators shall maintain the 
confidentiality of information provided by a sports governing body for purposes of 
investigating or preventing the conduct described in this section, unless disclosure is 
otherwise required by the director or by law, or unless the sports governing body consents 
to disclosure. 
4.  Information use and disclosure.  With respect to any information provided by an 
operator to a sports governing body relating to conduct described in this section, a sports 
governing body: 
A.  May use such information only for integrity purposes and may not use the 
information for any commercial or other purpose; and
B.  Shall maintain the confidentiality of the information, unless disclosure is otherwise 
required by the director or by law, or unless the operator consents to disclosure, except 
that the sports governing body may make disclosures necessary to conduct and resolve 
integrity-related investigations and may publicly disclose such information if required 
by the sports governing body's integrity policies or if determined by the sports 
governing body in its reasonable judgment to be necessary to maintain the actual or 
perceived integrity of its sports events.  Prior to any public disclosure that would 
identify the operator by name, the sports governing body shall provide that operator 
with notice of the disclosure and an opportunity to object to the disclosure. 
§1216.  Official league data
1.  Results determination.  An operator is not required to use official league data for 
determining the results of tier 1 sports wagers on events of any organization headquartered 
in the United States or elsewhere or the results of tier 2 sports wagers on events of 
organizations that are not headquartered in the United States. 
2.  Use of official league data notification.  A sports governing body may notify the 
director that it desires operators to use official league data to settle tier 2 sports wagers on 
sports events of that sports governing body. The notification must be made in the form and 
manner as the director requires. The director shall notify each operator of a sports 
governing body's notification within 5 days of the director's receipt of the notification. If a 
sports governing body does not so notify the director, an operator is not required to use 
official league data for determining the results of tier 2 sports wagers on sports events of 
that sports governing body.
3.  Use of official league data required; exemptions.  Within 60 days of the director's 
notifying each operator of a sports governing body notification to the director under 
subsection 2, or such longer period as may be agreed to between the sports governing body 
and the applicable operator, an operator must use only official league data to determine the 
results of tier 2 sports wagers on sports events of that sports governing body, unless:
A.  The sports governing body or its designee cannot provide a feed of official league 
data to determine the results of a particular type of tier 2 sports wager, in which case 
operators are not required to use official league data for determining the results of the 
applicable tier 2 sports wager until such time as a data feed becomes available from the 
sports governing body on commercially reasonable terms and conditions; 
B.  The operator can demonstrate to the director that the sports governing body or its 
designee will not provide a feed of official league data to the operator on commercially 
reasonable terms and conditions; or
C.  The sports governing body or its designee does not obtain a license from the director 
to provide official league data to operators to determine the results of tier 2 sports 
wagers, if and to the extent required by law.
4.  Commercially reasonable terms.  The director may consider the following 
nonexclusive factors in evaluating whether official league data is being offered on 
commercially reasonable terms and conditions for purposes of subsection 3:
A.  The extent to which operators have purchased the same or similar official league 
data on the same or similar terms, particularly in jurisdictions where that purchase was 
not required by law or was required by law but only if offered on commercially 
reasonable terms;
B.  The nature and quantity of the official league data, including but not limited to its 
speed, accuracy, reliability and overall quality as compared to comparable nonofficial 
data;
C.  The quality and complexity of the process used to collect and distribute the official 
league data as compared to comparable nonofficial data;
D.  The availability of a sports governing body's tier 2 official league data to an operator 
from more than one authorized source;
E.  Market information, including but not limited to price and other terms and 
conditions, regarding the purchase by operators of comparable data for the purpose of 
settling sports wagers in this State and other jurisdictions; and
F.  The extent to which sports governing bodies or their designees have made data used 
to settle tier 2 sports wagers available to operators and any terms and conditions 
relating to the use of that data.
5.  Pendency.  Notwithstanding any provision of law to the contrary, during the 
pendency of the director's determination as to whether a sports governing body or its 
designee will provide a feed of official league data on commercially reasonable terms, an 
operator is not required to use official league data for determining the results of tier 2 sports 
wagers.  The director's determination must be made within 60 days of the operator's 
notifying the director that it desires to demonstrate that the sports governing body or its 
designee will not provide a feed of official league data to the operator on commercially 
reasonable terms.
6.  Sharing agreements.  A sports governing body on whose sports events the director 
has authorized wagering may also enter into commercial agreements with operators or 
other entities in which that sports governing body may share in the amount wagered from 
sports wagering on sports events of that sports governing body.  A sports governing body 
is not required to obtain a license or other approval from the director to lawfully accept 
such amounts.  
7.  Information disclosure.  All disclosures of information under this chapter are 
subject to compliance with all federal and state laws and rules, including without limitation 
laws and rules relating to privacy and personally identifiable information. 
§1217.  Security, maintenance and sharing of wagering records
1.  Records maintenance.  An operator shall maintain records of all wagers placed, 
including personally identifiable information of the bettor, amount and type of wager, time 
the wager was placed, location of the wager, including the Internet protocol address if 
applicable, the outcome of the wager and instances of abnormal wagering activity for 3 
years after the sports event occurs, as well as video recordings in the case of in-person 
wagers for at least one year after the sports event occurs and shall make that data available 
for inspection upon request of the director or as required by court order.  
2.  Anonymized information.  An operator shall use commercially reasonable efforts 
to maintain, in real time and at the account level, anonymized information regarding a 
bettor and the amount and type of a wager, the time the wager was placed, the location of 
the wager, including the Internet protocol address if applicable, the outcome of the wager 
and records of abnormal wagering activity.  The director may request that information in 
the form and manner required by rule.  Nothing in this subsection requires an operator to 
provide any information that is prohibited by federal or state law, including without 
limitation laws and rules relating to privacy and personally identifiable information.  
3.  Records monitoring.  If a sports governing body has notified the director that 
access to the information described in subsection 2 for wagers placed on sports events of 
that sports governing body is necessary to monitor the integrity of that sports governing 
body's sports events, and the sports governing body represents to the director that it 
specifically uses that data for the purpose of monitoring the integrity of sports events of 
that sports governing body, then an operator shall share, in a commercially reasonable 
frequency, form and manner, with the sports governing body or its designee the same 
information the operator is required to maintain under subsection 2 with respect to sports 
wagers on sports events of that sports governing body.  A sports governing body and its 
designee may use information received under this subsection only for integrity-monitoring 
purposes and may not use information received under this subsection for any commercial 
or other purpose.  Nothing in this subsection requires an operator to provide any 
information if prohibited by federal or state law, including without limitation laws and rules 
relating to privacy and personally identifiable information.  
4.  Security.  An operator shall use commercially reasonable methods to maintain the 
security of wagering data, customer data and other confidential information from 
unauthorized access and dissemination.  Nothing in this chapter precludes the use of 
Internet-based or so-called cloud-based hosting of that data and information or disclosure 
as required by law.
§1218.  Interception of sports wagering winnings to pay child support debt
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Child support debt" means child support debt that has been liquidated by judicial 
or administrative action.
B.  "Department" means the Department of Health and Human Services.
C.  "Licensee" means a facility operator, a mobile operator or a management services 
licensee under section 1209.
D.  "Registry operator" means the department or an entity with which the department 
enters into a contract to maintain the registry pursuant to subsection 3.
E.  "Winner" means a sports wagering customer to whom cash is returned as winnings.
2.  Interception.  A licensee shall intercept sports wagering winnings to pay child 
support debt in accordance with this section.
3.  Registry.  The department shall create and maintain, or shall contract with a private 
entity to create and maintain, a secure, electronically accessible registry containing 
information regarding individuals with outstanding child support debt. The department 
shall regularly enter into the registry information including:
A.  The name and social security number of each individual with outstanding child 
support debt;
B.  The account number or identifier assigned by the department to the outstanding 
child support debt;
C.  The amount of the outstanding child support debt; and
D.  Any other information necessary to effectuate the purposes of this section.
4.  Electronic access to information; procedures.  A licensee shall electronically 
access the registry in accordance with this subsection.
A.  Before making a payout of winnings of an amount equal to or greater than the 
amount for which the licensee is required to file a Form W-2G or substantially 
equivalent form with the United States Internal Revenue Service, the licensee shall 
obtain the name, address, date of birth and social security number of the winner and 
shall electronically submit this information to the registry operator.
B.  Upon receipt of information pursuant to paragraph A, the registry operator shall 
electronically inform the licensee whether the winner is listed in the registry. If the 
winner is listed in the registry, the registry operator shall inform the licensee of the 
amount of the winner's outstanding child support debt and the account number or 
identifier assigned to the outstanding child support debt and shall provide the licensee 
with a notice of withholding that informs the winner of the right to an administrative 
hearing.
C.  If the registry operator informs the licensee that the winner is not listed in the 
registry or if the licensee is unable to obtain information from the registry operator on 
a real-time basis after attempting in good faith to do so, the licensee may make payment 
to the winner.
D.  If the registry operator informs the licensee that the winner is listed in the registry, 
the licensee may not make payment to the winner unless the amount of the payout 
exceeds the amount of outstanding child support debt, in which case the licensee may 
make payment to the winner of the amount of winnings that is in excess of the amount 
of the winner's outstanding child support debt.
5.  Lien against winnings.  If the registry operator informs a licensee pursuant to this 
section that a winner is listed in the registry, the department has a valid lien upon and claim 
of lien against the winnings in the amount of the winner's outstanding child support debt.
6.  Withholding of winnings.  The licensee shall withhold from any winnings an 
amount equal to the amount of the lien created under subsection 5 and shall provide a notice 
of withholding to the winner. Within 7 days after withholding an amount pursuant to this 
subsection, the licensee shall transmit the amount withheld to the department together with 
a report of the name, address and social security number of the winner, the account number 
or identifier assigned to the debt, the amount withheld, the date of withholding and the 
name and location of the licensee.
7.  Licensee costs.  Notwithstanding subsection 6, the licensee may retain $10 from an 
amount withheld pursuant to this section to cover the cost of the licensee's compliance with 
this section.
8.  Administrative hearing.  A winner from whom an amount was withheld pursuant 
to this section has the right, within 15 days of receipt of the notice of withholding, to request 
from the department an administrative hearing. The hearing is limited to questions of 
whether the debt is liquidated and whether any postliquidation events have affected the 
winner's liability. The administrative hearing decision constitutes final agency action.
9.  Authorization to provide information.  Notwithstanding any provision of law to 
the contrary, the licensee may provide to the department or registry operator any 
information necessary to effectuate the intent of this section. The department or registry 
operator may provide to the licensee any information necessary to effectuate the intent of 
this section.
10.  Confidentiality of information.  The information obtained by the department or 
registry operator from a licensee pursuant to this section and the information obtained by 
the licensee from the department or registry operator pursuant to this section are 
confidential and may be used only for the purposes set forth in this section. An employee 
or prior employee of the department, the registry operator or a licensee who knowingly or 
intentionally discloses any such information commits a civil violation for which a fine not 
to exceed $1,000 may be adjudged.
11.  Effect of compliance; noncompliance.  A licensee, the department and the 
registry operator are not liable for any action taken in good faith to comply with this section. 
A licensee who fails to make a good faith effort to obtain information from the registry 
operator or who fails to withhold and transmit the amount of the lien created under 
subsection 5 is liable to the department for the greater of $500 and the amount the person 
was required to withhold and transmit to the department under this section, together with 
costs, interest and reasonable attorney's fees.
12.  Biennial review.  The department shall include in its report to the Legislature 
under section 1066 the following information:
A.  The number of names of winners submitted by licensees to the registry operator 
pursuant to this section in each of the preceding 2 calendar years;
B.  The number of winners who were found to be listed in the registry in each of the 
preceding 2 calendar years;
C.  The amount of winnings withheld by licensees pursuant to this section in each of 
the preceding 2 calendar years; and
D.  The amount of withheld winnings refunded to winners as the result of 
administrative hearings requested pursuant to this section in each of the preceding 2 
calendar years.
§1219.  Allocation of funds
1.  Tax imposed on facility operator; allocation of funds.  A facility operator shall 
collect and distribute 10% of adjusted gross sports wagering receipts to the director to be 
forwarded by the director to the Treasurer of State for distribution as follows:
A.  One percent of the adjusted gross sports wagering receipts must be deposited in the 
General Fund for the administrative expenses of the Gambling Control Unit within the 
department;
B.  One percent of the adjusted gross sports wagering receipts must be deposited in the 
Gambling Addiction Prevention and Treatment Fund established by Title 5, section 
20006-B; and
C.  Eight percent of the adjusted gross sports wagering receipts must be deposited in 
the General Fund.
2.  Tax imposed on mobile operator; allocation of funds.  A mobile operator shall 
collect and distribute 16% of adjusted gross sports wagering receipts to the director to be 
forwarded by the director to the Treasurer of State for distribution as follows:
A.  One percent of the adjusted gross sports wagering receipts must be deposited in the 
General Fund for the administrative expenses of the Gambling Control Unit within the 
department;
B.  One percent of the adjusted gross sports wagering receipts must be deposited in the 
Gambling Addiction Prevention and Treatment Fund established by Title 5, section 
20006-B; and
C.  Fourteen percent of the adjusted gross sports wagering receipts must be deposited 
in the General Fund.
3.  Due dates; late payments.  The director may adopt rules establishing the dates on 
which payments required by this section are due. All payments not remitted when due must 
be paid together with interest on the unpaid balance at a rate of 1.5% per month.
§1220.  Unauthorized sports wagering
Notwithstanding Title 17-A, chapter 39, a person who engages in an activity for which 
a license is required under this chapter and who does not possess the required license under 
this chapter to conduct that activity is subject to the penalties specified in this section and 
is not subject to Title 17-A, chapter 39 for that unlicensed activity.
1.  First violation.  A person, other than a licensee under this chapter, that operates or 
facilitates sports wagering commits a Class E crime and is subject to a fine of not more 
than $10,000 and a term of imprisonment of not more than 90 days.
2.  Second violation.  A person convicted of a 2nd violation of subsection 1 commits 
a Class D crime and is subject to a fine of not more than $50,000 and a term of 
imprisonment of not more than 6 months.
3.  Third or subsequent violation.  A person convicted of a 3rd or subsequent 
violation of subsection 1 commits a Class C crime and is subject to a fine of not less than 
$25,000 and not more than $100,000 and a term of imprisonment of not less than one year 
and not more than 5 years.
§1221.  Applicability of other laws
The provisions of Title 17, chapter 62 and Title 17-A, chapter 39 do not apply to sports 
wagering conducted in accordance with this chapter and the rules adopted under this 
chapter.
Sec. 4.  25 MRSA §1542-A, sub-§1, ¶R, as amended by PL 2019, c. 343, Pt. G, 
§5; c. 399, §3; c. 402, §3; and c. 416, §3, is repealed and the following enacted in its place:
R.  Who is required to have a criminal background check under Title 22, section 
8302‑A or 8302-B;
Sec. 5.  25 MRSA §1542-A, sub-§1, ¶S, as enacted by PL 2019, c. 399, §4 and c. 
402, §4 and reallocated by c. 343, Pt. G, §4 and c. 416, §2, is repealed and the following 
enacted in its place:
S.  Who is required to have a criminal history record check under Title 22, section 
2425‑A, subsection 3‑A;
Sec. 6.  25 MRSA §1542-A, sub-§1, ¶T, as enacted by PL 2019, c. 399, §4; c. 402, 
§4; and c. 416, §4, is repealed and the following enacted in its place:
T.  Who is required to have a criminal history record check under Title 22, section 
8110;
Sec. 7.  25 MRSA §1542-A, sub-§1, ¶U, as enacted by PL 2019, c. 616, Pt. S, §2, 
is reallocated to 25 MRSA §1542-A, sub-§1, ¶X.
Sec. 8.  25 MRSA §1542-A, sub-§1, ¶V is enacted to read:
V.  Who is employed or may be offered employment by the Office of the State Auditor 
as required under Title 5, section 247;
Sec. 9.  25 MRSA §1542-A, sub-§1, ¶W is enacted to read:
W.  Who is required to have a criminal history record check under Title 19‑A, section 
2111;
Sec. 10.  25 MRSA §1542-A, sub-§1, ¶Y is enacted to read:
Y.  Who is required to have a criminal background check under Title 8, section 1204.
Sec. 11.  25 MRSA §1542-A, sub-§3, ¶O, as repealed by PL 2019, c. 343, Pt. G, 
§8 and c. 416, §5 and repealed and replaced by c. 399, §5 and c. 402, §5, is repealed and 
the following enacted in its place:
O.  The State Police shall take or cause to be taken the fingerprints of the person named 
in subsection 1, paragraph P at the request of that person and upon payment of the 
expenses by that person as required by Title 32, section 2571‑A.
Sec. 12.  25 MRSA §1542-A, sub-§3, ¶S, as enacted by PL 2019, c. 399, §6; c. 
402, §6; and c. 416, §7, is repealed and the following enacted in its place:
S.  The State Police shall take or cause to be taken the fingerprints of the person named 
in subsection 1, paragraph T at the request of that person or the Department of Health 
and Human Services pursuant to Title 22, section 8110.
Sec. 13.  25 MRSA §1542-A, sub-§3, ¶T, as enacted by PL 2019, c. 616, Pt. S, §3 
and c. 644, §2, is repealed and the following enacted in its place:
T.  The State Police shall take or cause to be taken the fingerprints of the person named 
in subsection 1, paragraph U at the request of that person and upon payment of the 
expenses by the Department of Labor, Bureau of Unemployment Compensation as 
specified under Title 26, section 1085, subsection 3.
Sec. 14.  25 MRSA §1542-A, sub-§3, ¶U is enacted to read:
U.  The State Police shall take or cause to be taken the fingerprints of the person named 
in subsection 1, paragraph V at the request of that person or the Office of the State 
Auditor and upon payment by the Office of the State Auditor of the fee established in 
Title 5, section 247, subsection 3.
Sec. 15.  25 MRSA §1542-A, sub-§3, ¶V is enacted to read:
V.  The State Police shall take or cause to be taken the fingerprints of the person named 
in subsection 1, paragraph W at the request of that person or the Department of Health 
and Human Services pursuant to Title 19‑A, section 2111.
Sec. 16.  25 MRSA §1542-A, sub-§3, ¶W is enacted to read:
W.  The State Police shall take or cause to be taken the fingerprints of the person named 
in subsection 1, paragraph X at the request of that person or the Department of 
Administrative and Financial Services, Office of Information Technology and upon 
payment of the fees as provided under Title 5, section 1986.
Sec. 17.  25 MRSA §1542-A, sub-§3, ¶X is enacted to read:
X.  The State Police shall take or cause to be taken the fingerprints of the person named 
in subsection 1, paragraph Y at the request of that person or the director of the 
Gambling Control Unit within the Department of Public Safety and upon payment by 
the director of the Gambling Control Unit of the fee established pursuant to Title 8, 
section 1204, subsection 3.
Sec. 18.  25 MRSA §1542-A, sub-§4, as repealed and replaced by PL 2019, c. 343, 
Pt. G, §10; c. 399, §7; c. 402, §7; and c. 416, §8, is repealed and the following enacted in 
its place:
4.  Duty to submit to State Bureau of Identification.  It is the duty of the law 
enforcement agency taking the fingerprints as required by subsection 3, paragraphs A, B 
and G to transmit immediately to the State Bureau of Identification the criminal fingerprint 
record. Fingerprints taken pursuant to subsection 1, paragraph C, D, E or F or pursuant to 
subsection 5 may not be submitted to the State Bureau of Identification unless an express 
request is made by the commanding officer of the State Bureau of Identification.  
Fingerprints taken pursuant to subsection 1, paragraph G must be transmitted immediately 
to the State Bureau of Identification to enable the bureau to conduct state and national 
criminal history record checks for the Department of Education. The bureau may not use 
the fingerprints for any purpose other than that provided for under Title 20‑A, section 6103. 
The bureau shall retain the fingerprints, except as provided under Title 20‑A, section 6103, 
subsection 9.  Fingerprints taken pursuant to subsection 1, paragraph I and subsection 3, 
paragraph I must be transmitted immediately to the State Bureau of Identification to enable 
the bureau to conduct state and national criminal history record checks for the court and 
the Department of Public Safety, Gambling Control Board, respectively.  Fingerprints 
taken pursuant to subsection 1, paragraph J or S must be transmitted immediately to the 
State Bureau of Identification to enable the bureau to conduct state and national criminal 
history record checks for the Department of Administrative and Financial Services.  
Fingerprints taken pursuant to subsection 1, paragraph P must be transmitted immediately 
to the State Bureau of Identification to enable the bureau to conduct state and national 
criminal history record checks for the Board of Osteopathic Licensure, established in Title 
32, chapter 36.  Fingerprints taken pursuant to subsection 1, paragraph N must be 
transmitted immediately to the State Bureau of Identification to enable the bureau to 
conduct state and national criminal history record checks for the Board of Licensure in 
Medicine, established in Title 32, chapter 48.  Fingerprints taken pursuant to subsection 1, 
paragraph Q must be transmitted immediately to the State Bureau of Identification to enable 
the bureau to conduct state and national criminal history record checks for the State Board 
of Nursing, established in Title 32, chapter 31.  Fingerprints taken pursuant to subsection 
1, paragraph O must be transmitted immediately to the State Bureau of Identification to 
enable the bureau to conduct state and national criminal history record checks under Title 
28-B, section 204.  Fingerprints taken pursuant to subsection 1, paragraph R, T or W must 
be transmitted immediately to the State Bureau of Identification to enable the bureau to 
conduct state and national criminal history record checks for the Department of Health and 
Human Services.  Fingerprints taken pursuant to subsection 1, paragraph V must be 
transmitted immediately to the State Bureau of Identification to enable the bureau to 
conduct state and national criminal history record checks for the Office of the State Auditor.
Sec. 19.  Emergency rules.  The director of the Gambling Control Unit within the 
Department of Public Safety may adopt emergency rules under the Maine Revised Statutes, 
Title 5, section 8054 as necessary to implement this Act without the necessity of 
demonstrating that immediate adoption is necessary to avoid a threat to public health, safety 
or general welfare.
SUMMARY
This bill authorizes the Department of Public Safety, Gambling Control Unit to 
regulate sports wagering in the State.
Licensed commercial tracks, licensed off-track betting facilities, licensed casinos and 
federally recognized Indian tribes are eligible to apply for facility sports wagering licenses 
to conduct in-person sports wagering in the State.  These entities are also eligible to apply 
for mobile sports wagering licenses to conduct sports wagering through mobile applications 
or digital platforms, as are qualified gaming entities that offer sports wagering through 
mobile applications or digital platforms in any jurisdiction in the United States pursuant to 
a state regulatory structure.  Facility sports wagering licensees and mobile sports wagering 
licensees, referred to in the bill as operators, may purchase or lease equipment, systems or 
services for sports wagering from entities with a supplier license, whose equipment, 
systems or services must meet standards established by rule. Operators may also enter into 
written contracts, approved by the director of the Gambling Control Unit within the 
Department of Public Safety, with management services licensees that have sufficient 
knowledge and experience in the business of operating sports wagering to effectively 
conduct sports wagering on behalf of operators.   A person employed by a facility sports 
wagering licensee to be engaged directly in sports wagering-related activities must be 
licensed by the Gambling Control Unit.
Operators may accept wagers on professional, collegiate and amateur sports events, 
including international events, as well as on the individual performances of athletes, on 
motor vehicle races and on electronic sports.  Sports wagers are prohibited on high school 
events, other events where a majority of participants are less than 18 years of age and events 
involving Maine-based colleges and universities.  Operators may not accept sports wagers 
from individuals under 21 years of age; participants in the sports event, including athletes 
and officials; persons with an interest in the outcome of the sports event identified by the 
director by rule; the operator's own directors or employees or persons living in their 
households; persons voluntarily or involuntarily placed on a list maintained by the 
Gambling Control Unit within the Department of Public Safety of persons not authorized 
to make sports wagers; 3rd persons making wagers on behalf of another person; and 
Gambling Control Unit employees.  Mobile sports wagering licensees are also prohibited 
from accepting sports wagers from persons who are not physically located within the State.
A facility sports wagering licensee must remit 10% of the licensee's adjusted gross 
sports wagering receipts to the State and a mobile sports wagering licensee must remit 16% 
of the licensee's adjusted gross sports wagering receipts to the State.  One percent of 
adjusted gross sports wagering receipts must be deposited in the General Fund for the 
administrative expenses of the Gambling Control Unit within the Department of Public 
Safety and 1% of the adjusted gross sports wagering receipts must be deposited in the 
Gambling Addiction Prevention and Treatment Fund established by the Maine Revised 
Statutes, Title 5, section 20006-B.  The remaining adjusted gross sports wagering receipts 
remitted to the State must be deposited in the General Fund.
The bill also allows a licensed fantasy contest operator to offer a fantasy contest based 
on the performances of participants in collegiate athletic events.
The bill also contains provisions regarding restrictions on the types of sports wagers 
allowed, abnormal wagering activity reporting, official league data distribution and costs, 
wager amount sharing agreements, records management and security and information 
disclosure and confidentiality.