2018 -- S 2045 SUBSTITUTE A | |
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LC003938/SUB A | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2018 | |
____________ | |
A N A C T | |
RELATING TO VIDEO LOTTERY GAMES, TABLE GAMES AND SPORTS WAGERING | |
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Introduced By: Senators Ruggerio, Goodwin, McCaffrey, Algiere, and Ciccone | |
Date Introduced: January 18, 2018 | |
Referred To: Senate Special Legislation and Veterans Affairs | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Purpose. |
2 | (a) Article VI, Section 22 of the Rhode Island Constitution provides that "[n]o act |
3 | expanding the types or locations of gambling permitted within the state or within any city or town |
4 | . . . shall take effect until it has been approved by the majority of those electors voting in a |
5 | statewide referendum and by the majority of those electors voting in said referendum in the |
6 | municipality in which the proposed gambling would be allowed . . ." |
7 | (b) In the 2012 general election, a majority of Rhode Island voters statewide and in the |
8 | Town of Lincoln approved the following referendum question (among others): |
9 | "Shall an act be approved which would authorize the facility known as "Twin River" in |
10 | the town of Lincoln to add state-operated casino gaming, such as table games, to the types of |
11 | gambling it offers?" |
12 | (c) Similarly, in the 2016 general election, a majority of Rhode Island voters statewide |
13 | and in the Town of Tiverton approved the following referendum question (among others): |
14 | "Shall an act be approved which would authorize a facility owned by Twin River- |
15 | Tiverton, LLC, located in the Town of Tiverton at the intersection of William S. Canning |
16 | Boulevard and Stafford Road, to be licensed as a pari-mutuel facility and offer state-operated |
17 | video-lottery games and state-operated casino gaming, such as table games?" |
18 | (d) In the voter information handbooks setting forth and explaining the question in each |
19 | instance, "casino gaming" was defined to include games "within the definition of Class III |
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1 | gaming as that term is defined in section 2703(8) of Title 25 of the United States Code and which |
2 | is approved by the State of Rhode Island through the Lottery Division." "Casino gaming" is also |
3 | defined to include games within the definition of class III gaming in section 42-61.2-1 of the |
4 | general laws. |
5 | (e) Section 2703(8) of Title 25 US Code (part of the Indian Gaming Regulatory Act, or |
6 | "IGRA") provides that the term "class III gaming" means "all forms of gaming that are not class I |
7 | gaming or class II gaming." The regulations promulgated under IGRA (25 CFR 502.4) expressly |
8 | state that Class III gaming includes sports wagering. |
9 | (f) Thus, voters state-wide and locally approved state-operated sports wagering to be |
10 | offered by the Twin River and Tiverton gaming facilities. Voter approval of sports wagering shall |
11 | be implemented by providing an infrastructure for state-operated sports wagering offered by the |
12 | Twin River gaming facilities in Lincoln and Tiverton, by authorizing necessary amendments to |
13 | certain contracts and by authorizing the division of lotteries to promulgate regulations to direct |
14 | and control state-operated sports wagering. |
15 | (g) State operated sports wagering shall be operated by the state through the division of |
16 | lotteries. Sports wagering may be conducted at (i) the Twin River Gaming Facility, located in |
17 | Lincoln at 100 Twin River Road and owned by UTGR, Inc., a licensed video lottery and table |
18 | game retailer, and at (ii) the Tiverton Gaming Facility, located in Tiverton at the intersection of |
19 | William S. Canning Boulevard and Stafford Road, and owned by Twin River-Tiverton, once |
20 | Twin River-Tiverton is licensed as a video lottery and table game retailer. |
21 | (h) The state through the division of lotteries shall exercise its existing authority to |
22 | implement, operate, conduct and control sports wagering at the Twin River gaming facility and |
23 | the Twin River-Tiverton gaming facility in accordance with the provisions of this chapter and the |
24 | rules and regulations of the division of lotteries. |
25 | (i) Notwithstanding the provisions of this section, sports wagering shall be prohibited in |
26 | connection with any collegiate sports or athletic event that takes place in Rhode Island or a sports |
27 | contest or athletic event in which any Rhode Island college team participates, regardless of where |
28 | the event takes place. |
29 | (j) No other law providing any penalty or disability for conducting, hosting, maintaining, |
30 | supporting or participating in sports wagering, or any acts done in connection with sports |
31 | wagering, shall apply to the conduct, hosting, maintenance, support or participation in sports |
32 | wagering pursuant to this chapter. |
33 | SECTION 2. The title of Chapter 42-61.2 of the General Laws entitled "Video-Lottery |
34 | Terminal" is hereby amended to read as follows: |
| LC003938/SUB A - Page 2 of 23 |
1 | CHAPTER 42-61.2 |
2 | Video-Lottery Terminal |
3 | CHAPTER 42-61.2 |
4 | VIDEO-LOTTERY GAMES, TABLE GAMES AND SPORTS WAGERING |
5 | SECTION 3. Section 42-61.2-1, 42-61.2-3.2, 42-61.2-4, 42-61.2-6, 42-61.2-10, 42-61.2- |
6 | 11, 42-61.2-13, 42-61.2-14 and 42-61.2-15 of the General Laws in Chapter 42-61.2 entitled |
7 | "Video-Lottery Terminal" are hereby amended to read as follows: |
8 | 42-61.2-1. Definitions. |
9 | For the purpose of this chapter, the following words shall mean: |
10 | (1) "Central communication system" means a system approved by the lottery division, |
11 | linking all video-lottery machines at a licensee location to provide auditing program information |
12 | and any other information determined by the lottery. In addition, the central communications |
13 | system must provide all computer hardware and related software necessary for the establishment |
14 | and implementation of a comprehensive system as required by the division. The central |
15 | communications licensee may provide a maximum of fifty percent (50%) of the video-lottery |
16 | terminals. |
17 | (2) "Licensed, video-lottery retailer" means a pari-mutuel licensee specifically licensed |
18 | by the director subject to the approval of the division to become a licensed, video-lottery retailer. |
19 | (3) "Net terminal income" means currency placed into a video-lottery terminal less |
20 | credits redeemed for cash by players. |
21 | (4) "Pari-mutuel licensee" means: |
22 | (i) An entity licensed pursuant to § 41-3.1-3; and/or |
23 | (ii) An entity licensed pursuant to § 41-7-3. |
24 | (5) "Technology provider" means any individual, partnership, corporation, or association |
25 | that designs, manufactures, installs, maintains, distributes, or supplies video-lottery machines or |
26 | associated equipment for the sale or use in this state. |
27 | (6) "Video-lottery games" means lottery games played on video-lottery terminals |
28 | controlled by the lottery division. |
29 | (7) "Video-lottery terminal" means any electronic computerized video game machine |
30 | that, upon the insertion of cash or any other representation of value that has been approved by the |
31 | division of lotteries, is available to play a video game authorized by the lottery division, and that |
32 | uses a video display and microprocessors in which, by chance, the player may receive free games |
33 | or credits that can be redeemed for cash. The term does not include a machine that directly |
34 | dispenses coins, cash, or tokens. |
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1 | (8) "Casino gaming" means any and all table and casino-style games played with cards, |
2 | dice, or equipment, for money, credit, or any representative of value; including, but not limited to, |
3 | roulette, blackjack, big six, craps, poker, baccarat, paigow, any banking or percentage game, or |
4 | any other game of device included within the definition of Class III gaming as that term is |
5 | defined in Section 2703(8) of Title 25 of the United States Code and that is approved by the state |
6 | through the division of state lottery. |
7 | (9) "Net, table-game revenue" means win from table games minus counterfeit currency. |
8 | (10) "Rake" means a set fee or percentage of cash and chips representing cash wagered in |
9 | the playing of a nonbanking table game assessed by a table games retailer for providing the |
10 | services of a dealer, gaming table or location, to allow the play of any nonbanking table game. |
11 | (11) "Table game" or "Table gaming" means that type of casino gaming in which table |
12 | games are played for cash or chips representing cash, or any other representation of value that has |
13 | been approved by the division of lotteries, using cards, dice, or equipment and conducted by one |
14 | or more live persons. |
15 | (12) "Table-game retailer" means a retailer authorized to conduct table gaming pursuant |
16 | to §§ 42-61.2-2.1 or 42-61.2-2.3. |
17 | (13) "Credit facilitator" means any employee of a licensed, video-lottery retailer |
18 | approved in writing by the division whose responsibility is to, among other things, review |
19 | applications for credit by players, verify information on credit applications, grant, deny, and |
20 | suspend credit, establish credit limits, increase and decrease credit limits, and maintain credit |
21 | files, all in accordance with this chapter and rules and regulations approved by the division. |
22 | (14) "Newport Grand" means Newport Grand, LLC, a Rhode Island limited-liability |
23 | company, successor to Newport Grand Jai Alai, LLC, and each permitted successor to and |
24 | assignee of Newport Grand, LLC under the Newport Grand Master Contract, including, but not |
25 | limited to, Premier Entertainment II, LLC and/or Twin River-Tiverton, LLC, provided it is a pari- |
26 | mutuel licensee as defined in § 42-61.2-1 et seq.; provided, further, however, where the context |
27 | indicates that the term is referring to the physical facility, then it shall mean the gaming and |
28 | entertainment facility located at 150 Admiral Kalbfus Road, Newport, Rhode Island. |
29 | (15) "Newport Grand Marketing Year" means each fiscal year of the state or a portion |
30 | thereof between November 23, 2010, and the termination date of the Newport Grand Master |
31 | Contract. |
32 | (16) "Newport Grand Master Contract" means that certain master video-lottery terminal |
33 | contract made as of November 23, 2005, by and between the Division of Lotteries of the Rhode |
34 | Island department of administration and Newport Grand, as amended and extended from time to |
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1 | time as authorized therein and/or as such Newport Grand Master Contract may be assigned as |
2 | permitted therein. |
3 | (17) "Premier" means Premier Entertainment II, LLC and/or its successor in interest by |
4 | reason of the acquisition of the stock, membership interests, or substantially all of the assets of |
5 | such entity. |
6 | (18) "Twin River-Tiverton" means Twin River-Tiverton, LLC and/or its successor in |
7 | interest by reason of the acquisition of the stock, membership interests, or substantially all of the |
8 | assets of such entity. |
9 | (19) "Sports wagering revenue" means: |
10 | (1) The total of cash or cash equivalents received from sports wagering minus the total |
11 | of: |
12 | (i) Cash or cash equivalents paid to players as a result of sports wagering; |
13 | (ii) The annual flat fee to the host communities as defined by § 42-61.2-2.4(c) of the |
14 | general laws; |
15 | (iii) Marketing expenses related to sports wagering as agreed to by the division, the sports |
16 | wagering vendor, and the host facilities, as approved by the division of the lottery; and |
17 | (iv) Any federal excise taxes (if applicable). |
18 | (2) The term does not include any of the following: |
19 | (i) Counterfeit cash. |
20 | (ii) Coins or currency of other countries received as a result of sports wagering, except to |
21 | the extent that the coins or currency are readily convertible to cash. |
22 | (iii) Cash taken in a fraudulent act perpetrated against a hosting facility or sports |
23 | wagering vendor for which the hosting facility or sports wagering vendor is not reimbursed. |
24 | (iv) Free play provided by the hosting facility or sports wagering vendor as authorized by |
25 | the division of lottery to a patron and subsequently "won back" by the hosting facility or sports |
26 | wagering vendor, for which the hosting facility or sports wagering vendor can demonstrate that it |
27 | or its affiliate has not been reimbursed in cash. |
28 | (20) "Sporting event" means any professional sport or athletic event, any Olympic or |
29 | international sports competition event and any collegiate sport or athletic event, or any portion |
30 | thereof, including, but not limited to, the individual performance statistics of athletes in a sports |
31 | event or combination of sports events, except "sports event" shall not include a prohibited sports |
32 | event. |
33 | (21) "Collegiate sports or athletic event" shall not include a collegiate sports contest or |
34 | collegiate athletic event that takes place in Rhode Island or a sports contest or athletic event in |
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1 | which any Rhode Island college team participates regardless of where the event takes place. |
2 | (22) "Sports wagering" means the business of accepting wagers on sporting events or a |
3 | combination of sporting events, or on the individual performance statistics of athletes in a |
4 | sporting event or combination of sporting events, by any system or method of wagering. The term |
5 | includes, but is not limited to, exchange wagering, parlays, over-under, moneyline, pools and |
6 | straight bets, and the term includes the placement of such bets and wagers. However, the term |
7 | does not include, without limitation, the following: |
8 | (1) Lotteries, including video lottery games and other types of casino gaming operated by |
9 | the state, through the division, on the date this act is enacted. |
10 | (2) Pari-mutuel betting on the outcome of thoroughbred or harness horse racing, or |
11 | greyhound dog racing, including but not limited to pari-mutuel wagering on a race that is |
12 | "simulcast" (as defined in section 41-11-1 of the general laws), as regulated elsewhere pursuant to |
13 | the general laws, including in chapters 41-3, 41-3.1, 41-4 and 41-11 of the general laws. |
14 | (3) Off-track betting on racing events, as regulated elsewhere pursuant to the general |
15 | laws, including in chapter 41-10 of the general laws. |
16 | (4) Wagering on the respective scores or points of the game of jai alai or pelota and the |
17 | sale of pari-mutuel pools related to such games, as regulated elsewhere pursuant to the general |
18 | laws, including in chapter 41-7 of the general laws. |
19 | (5) Lotteries, charitable gaming, games of chance, bingo games, raffles and pull-tab |
20 | lottery tickets, to the extent permitted and regulated pursuant to chapter 11-19 of the general laws. |
21 | (23) "Sports wagering device" means any mechanical, electrical or computerized |
22 | contrivance, terminal, machine or other device, apparatus, equipment or supplies approved by the |
23 | division and used to conduct sports wagering. |
24 | (24) "Sports wagering vendor" means any entity authorized by the division of lottery to |
25 | operate sports betting on the division’s behalf in accordance with this chapter. |
26 | (25) "Payoff" when used in connection with sports wagering, means cash or cash |
27 | equivalents paid to a player as a result of the player’s winning a sports wager. A "payoff" is a |
28 | type of "prize," as the term "prize" is used in chapter 42-61, chapter 42-61.2 and in chapter 42- |
29 | 61.3. |
30 | (26) "Tiverton gaming facility" (sometimes referred to as "Twin River–Tiverton") means |
31 | the gaming and entertainment facility located in the Town of Tiverton at the intersection of |
32 | William S. Canning Boulevard and Stafford Road. |
33 | (27) "Twin River" (sometimes referred to as "UTGR") means UTGR, Inc., a Delaware |
34 | corporation, and each permitted successor to and assignee of UTGR, Inc.; provided further, |
| LC003938/SUB A - Page 6 of 23 |
1 | however, where the context indicates that the term is referring to a physical facility, then "Twin |
2 | River" or "Twin River gaming facility" shall mean the gaming and entertainment facility located |
3 | at 100 Twin River Road in Lincoln, Rhode Island. |
4 | (28) "Hosting facility" refers to Twin River and the Tiverton gaming facility. |
5 | (29) "DBR" means the department of business regulation, division of licensing and |
6 | gaming and athletics, and/or any successor in interest thereto. |
7 | (30) "Division," "division of lottery," "division of lotteries" or "lottery division" means |
8 | the division of lotteries within the department of revenue and/or any successor in interest thereto. |
9 | (31) "Director" means the director of the division. |
10 | 42-61.2-3.2. Gaming credit authorized. |
11 | (a) Authority. In addition to the powers and duties of the state lottery director under §§ |
12 | 42-61-4, 42-61.2-3, 42-61.2-3.1 and 42-61.2-4, the division shall authorize each licensed, video- |
13 | lottery retailer to extend credit to players pursuant to the terms and conditions of this chapter. |
14 | (b) Credit. Notwithstanding any provision of the general laws to the contrary, including, |
15 | without limitation, § 11-19-17, except for applicable licensing laws and regulations, each |
16 | licensed, video-lottery retailer may extend interest-free, unsecured credit to its patrons for the sole |
17 | purpose of such patrons making wagers at table games and/or video-lottery terminals and/or for |
18 | the purpose of making sports wagering bets, at the licensed, video-lottery retailer's facility subject |
19 | to the terms and conditions of this chapter. |
20 | (c) Regulations. Each licensed, video-lottery retailer shall be subject to rules and |
21 | regulations submitted by licensed, video-lottery retailers and subject to the approval of the |
22 | division of lotteries regarding procedures governing the extension of credit and requirements with |
23 | respect to a credit applicant's financial fitness, including, without limitation: annual income; debt- |
24 | to-income ratio; prior credit history; average monthly bank balance; and/or level of play. The |
25 | division of lotteries may approve, approve with modification, or disapprove any portion of the |
26 | policies and procedures submitted for review and approval. |
27 | (d) Credit applications. Each applicant for credit shall submit a written application to the |
28 | licensed, video-lottery retailer that shall be maintained by the licensed, video-lottery retailer for |
29 | three (3) years in a confidential credit file. The application shall include the patron's name; |
30 | address; telephone number; social security number; comprehensive bank account information; the |
31 | requested credit limit; the patron's approximate amount of current indebtedness; the amount and |
32 | source of income in support of the application; the patron's signature on the application; a |
33 | certification of truthfulness; and any other information deemed relevant by the licensed, video- |
34 | lottery retailer or the division of lotteries. |
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1 | (e) Credit application verification. As part of the review of a credit application and before |
2 | an application for credit is approved, the licensed, video-lottery retailer shall verify: |
3 | (1) The identity, creditworthiness, and indebtedness information of the applicant by |
4 | conducting a comprehensive review of: |
5 | (i) The information submitted with the application; |
6 | (ii) Indebtedness information regarding the applicant received from a credit bureau; |
7 | and/or |
8 | (iii) Information regarding the applicant's credit activity at other licensed facilities that |
9 | the licensed, video-lottery retailer may obtain through a casino credit bureau and, if appropriate, |
10 | through direct contact with other casinos. |
11 | (2) That the applicant's name is not included on an exclusion or self-exclusion list |
12 | maintained by the licensed, video-lottery retailer and/or the division of lotteries. |
13 | (3) As part of the credit application, the licensed, video-lottery retailer shall notify each |
14 | applicant in advance that the licensed, video-lottery retailer will verify the information in |
15 | subsections (e)(1) and (e)(2) and may verify any other information provided by the applicant as |
16 | part of the credit application. The applicant is required to acknowledge in writing that he or she |
17 | understands that the verification process will be conducted as part of the application process and |
18 | that he or she consents to having said verification process conducted. |
19 | (f) Establishment of credit. After a review of the credit application, and upon completion |
20 | of the verification required under subsection (e), and subject to the rules and regulations approved |
21 | by the division of lotteries, a credit facilitator may approve or deny an application for credit to a |
22 | player. The credit facilitator shall establish a credit limit for each patron to whom credit is |
23 | granted. The approval or denial of credit shall be recorded in the applicant's credit file that shall |
24 | also include the information that was verified as part of the review process, and the reasons and |
25 | information relied on by the credit facilitator in approving or denying the extension of credit and |
26 | determining the credit limit. Subject to the rules and regulations approved by the division of |
27 | lotteries, increases to an individual's credit limit may be approved by a credit facilitator upon |
28 | receipt of written request from the player after a review of updated financial information |
29 | requested by the credit facilitator and re-verification of the player's credit information. |
30 | (g) Recordkeeping. Detailed information pertaining to all transactions affecting an |
31 | individual's outstanding indebtedness to the licensed, video-lottery retailer shall be recorded in |
32 | chronological order in the individual's credit file. The financial information in an application for |
33 | credit and documents related thereto shall be confidential. All credit application files shall be |
34 | maintained by the licensed, video-lottery retailer in a secure manner and shall not be accessible to |
| LC003938/SUB A - Page 8 of 23 |
1 | anyone not a credit facilitator or a manager or officer of a licensed, video-lottery retailer |
2 | responsible for the oversight of the extension of credit program. |
3 | (h) Reduction or suspension of credit. A credit facilitator may reduce a player's credit |
4 | limit or suspend his or her credit to the extent permitted by the rules and regulations approved by |
5 | the division of lotteries and shall reduce a player's credit limit or suspend a player's credit limit as |
6 | required by said rules and regulations. |
7 | (i) Voluntary credit suspension. A player may request that the licensed, video-lottery |
8 | retailer suspend or reduce his or her credit. Upon receipt of a written request to do so, the player's |
9 | credit shall be reduced or suspended as requested. A copy of the request and the action taken by |
10 | the credit facilitator shall be placed in the player's credit application file. |
11 | (j) Liability. In the event that a player fails to repay a debt owed to a licensed, video- |
12 | lottery retailer resulting from the extension of credit by that licensed, video-lottery retailer, |
13 | neither the state of Rhode Island nor the division of lotteries shall be responsible for the loss and |
14 | said loss shall not affect net, table-game revenue or net terminal income. A licensed, video-lottery |
15 | retailer, the state of Rhode Island, the division of lotteries, and/or any employee of a licensed, |
16 | video-lottery retailer, shall not be liable in any judicial or administrative proceeding to any player, |
17 | any individual, or any other party, including table game players or individuals on the voluntary |
18 | suspension list, for any harm, monetary or otherwise, that may arise as a result of: |
19 | (1) Granting or denial of credit to a player; |
20 | (2) Increasing the credit limit of a player; |
21 | (3) Allowing a player to exercise his or her right to use credit as otherwise authorized; |
22 | (4) Failure of the licensed, video-lottery retailer to increase a credit limit; |
23 | (5) Failure of the licensed, video-lottery retailer to restore credit privileges that have been |
24 | suspended, whether involuntarily or at the request of the table game patron; or |
25 | (6) Permitting or prohibiting an individual whose credit privileges have been suspended, |
26 | whether involuntarily or at the request of the player, to engage in gaming activity in a licensed |
27 | facility while on the voluntary credit suspension list. |
28 | (k) Limitations. Notwithstanding any other provision of this chapter, for any extensions |
29 | of credit, the maximum amount of outstanding credit per player shall be fifty thousand dollars |
30 | ($50,000). |
31 | 42-61.2-4. Additional powers and duties of director and lottery division. |
32 | In addition to the powers and duties set forth in §§ 42-61-4 and 42-61.2-3, the director |
33 | shall have the power to: |
34 | (1) Supervise and administer the operation of video lottery games and sports wagering in |
| LC003938/SUB A - Page 9 of 23 |
1 | accordance with this chapter and with the rules and regulations of the division; |
2 | (2) Suspend or revoke upon a hearing any license issued pursuant to this chapter or the |
3 | rules and regulations promulgated under this chapter; and |
4 | (3) In compliance with the provisions of chapter 2 of title 37, enter into contracts for the |
5 | operation of a central communications system and technology providers, or any part thereof. ; |
6 | (4) In compliance with the provisions of chapter 2 of title 37, enter into contracts for the |
7 | provision of sports wagering systems, facilities and related technology necessary and/or desirable |
8 | for the state-operated sports wagering to be hosted at Twin River and the Tiverton gaming |
9 | facilities, including technology related to the operation of on-premises remote sports wagering, or |
10 | any part thereof; and |
11 | (4)(5) Certify monthly to the budget officer, the auditor general, the permanent joint |
12 | committee on state lottery, and to the governor a full and complete statement of lottery revenues, |
13 | prize disbursements and other expenses for the preceding month; ensure that monthly financial |
14 | reports are prepared providing gross monthly revenues, prize disbursements, other expenses, and |
15 | net income for keno and for all other lottery operations; submit this report to the state budget |
16 | officer, the auditor general, the permanent joint committee on state lottery, the legislative fiscal |
17 | advisors, and the governor no later than the twentieth business day following the close of the |
18 | month; at the end of each fiscal year the director shall submit an annual report based upon an |
19 | accrual system of accounting which shall include a full and complete statement of lottery |
20 | revenues, prize disbursements and expenses, to the governor and the general assembly, which |
21 | report shall be a public document and shall be filed with the secretary of state. The monthly report |
22 | shall be prepared in a manner prescribed by the members of the revenue estimating conference. |
23 | 42-61.2-6. When games may be played. |
24 | (a) Video-lottery games authorized by this chapter may be played at the licensed, video- |
25 | lottery retailer's facilities with the approval of the lottery commission division, even if that facility |
26 | is not conducting a pari-mutuel event. |
27 | (b) Sports wagering authorized by this chapter, including accepting sports wagers and |
28 | administering payoffs of winning sports wagers, may be conducted at the Twin River and the |
29 | Tiverton gaming facilities, with the approval of the division, even if that facility is not conducting |
30 | a pari-mutuel event. |
31 | 42-61.2-10. Prizes exempt from taxation. |
32 | The prizes received pursuant to this chapter shall be exempt from the state sales or use |
33 | tax. The prizes, including payoffs, received pursuant to this chapter shall be exempt from the state |
34 | sales or use tax but shall be applicable to personal income tax laws. |
| LC003938/SUB A - Page 10 of 23 |
1 | 42-61.2-11. Effect of other laws and local ordinances. |
2 | (a) No other law providing any penalty or disability for operating, hosting, maintaining, |
3 | supporting or playing video lottery games, or any acts done in connection with video lottery |
4 | games, shall apply to operating, hosting, maintaining, supporting or playing video lottery games |
5 | pursuant to this chapter. |
6 | (b) No other law providing any penalty or disability for conducting, hosting, maintaining, |
7 | supporting or participating in sports wagering, or any acts done in connection with sports |
8 | wagering, shall apply to conducting, hosting, maintaining, supporting or participating in sports |
9 | wagering pursuant to this chapter. |
10 | (c) The provisions of §§ 41-9-4 and 41-9-6 shall not apply to this chapter, and the |
11 | provisions of this chapter shall take precedence over any local ordinances to the contrary. It is |
12 | specifically acknowledged that the installation, operation and use of video-lottery terminals by a |
13 | pari-mutuel licensee, as authorized in this chapter, shall for all purposes be deemed a permitted |
14 | use as defined in § 45-24-31. No city or town where video-lottery terminals are authorized may |
15 | seek to prevent the installation and use of said video-lottery terminals by defining such as a |
16 | prohibited use. |
17 | 42-61.2-13. Table-game enforcement. [See Applicability notes.] Enforcement. |
18 | (a) Whoever violates § 42-61.2-2.1 or § 42-61.2-3.1, or any rule or regulation, policy or |
19 | procedure, duly promulgated thereunder, or any administrative order issued pursuant to § 42- |
20 | 61.2-2.1 or § 42-61.2-3.1, shall be punishable as follows: |
21 | (1) In the Division director's discretion, the Division director may impose an |
22 | administrative penalty of not more than one thousand dollars ($1,000) for each violation. Each |
23 | day of continued violation shall be considered as a separate violation if the violator has |
24 | knowledge of the facts constituting the violation and knows or should know that such facts |
25 | constitute or may constitute a violation. Lack of knowledge regarding such facts or violation shall |
26 | not be a defense to a continued violation with respect to the first day of its occurrence. Written |
27 | notice detailing the nature of the violation, the penalty amount, and effective date of the penalty |
28 | will be provided by the Division director. Penalties shall take effect upon notification. A written |
29 | request for a hearing must be submitted in writing to the Division director within thirty (30) days |
30 | of notification of violation. |
31 | (2) In the Division director's discretion, the Division director may endeavor to obtain |
32 | compliance with requirements of this chapter by written administrative order. Such order shall be |
33 | provided to the responsible party, shall specify the complaint, and propose a time for correction |
34 | of the violation. |
| LC003938/SUB A - Page 11 of 23 |
1 | (b) The Division director shall enforce this chapter. Such enforcement shall include, but |
2 | not be limited to, referral of suspected criminal activity to the Rhode Island state police for |
3 | investigation. |
4 | (c) Any interest, costs or expense collected under this section shall be appropriated to the |
5 | Division for administrative purposes. |
6 | (d) Any penalty imposed by the Division pursuant to this § 42-61.2-13 shall be |
7 | appealable to Superior Court. |
8 | 42-61.2-14. Compulsive and problem gambling program. [See Applicability notes.]. |
9 | The Division and the State acknowledge that the vast majority of gaming patrons can |
10 | enjoy gambling games responsibly, but that there are certain societal costs associated with |
11 | gaming by some individuals who have problems handling the product or services provided. The |
12 | Division and the State further understand that it is their duty to act responsibly toward those who |
13 | cannot participate conscientiously in gaming. Pursuant to the foregoing, Twin River and Newport |
14 | Grand, in cooperation with the State, shall offer compulsive and problem gambling programs that |
15 | include, but are not limited to (a) problem gambling awareness programs for employees; (b) |
16 | player self-exclusion program; and (c) promotion of a problem gambling hotline. Twin River and |
17 | Newport Grand (and its successor in interest, Twin River-Tiverton) shall modify their existing |
18 | compulsive and problem-gambling programs to include table games and sports wagering to the |
19 | extent such games are authorized at such facilities. Twin River and Newport Grand (and its |
20 | successor in interest, Twin River-Tiverton) shall reimburse and pay to the Division no less than |
21 | one hundred thousand dollars ($100,000) one hundred twenty-five thousand dollars ($125,000) in |
22 | aggregate annually for compulsive and problem gambling programs established by the Division. |
23 | The contribution from each facility shall be determined by the Division. |
24 | 42-61.2-15. Table-game hours of operation Table game and sports wagering hours |
25 | of operation. |
26 | (a) To the extent table games are authorized at the premises of a table-game retailer, such |
27 | table games may be offered at the premises of a table-game retailer for all or a portion of the days |
28 | and times that video-lottery games are offered. |
29 | (b) To the extent sports wagering is authorized at the premises of a table-game retailer, |
30 | such sports wagering may be offered at the premises of such table-game retailer for all or a |
31 | portion of the days and times that video-lottery games are offered. |
32 | SECTION 4. Chapter 42-61.2 of the General Laws entitled "Video-Lottery Terminal" is |
33 | hereby amended by adding thereto the following sections: |
34 | 42-61.2-2.4. State to conduct sports wagering hosted by Twin River and the Tiverton |
| LC003938/SUB A - Page 12 of 23 |
1 | Gaming Facility. |
2 | (a) The state, through the division of lotteries, shall implement, operate, conduct and |
3 | control sports wagering at the Twin River gaming facility and the Twin River-Tiverton gaming |
4 | facility, once Twin River-Tiverton is licensed as a video lottery and table game retailer. In |
5 | furtherance thereof, the state, through the division, shall have full operational control to operate |
6 | such sports wagering, including, without limitation, the power and authority to: |
7 | (1) Establish with respect to sports wagering one or more systems for linking, tracking, |
8 | depositing and reporting of receipts, audits, annual reports, prohibited conduct and other such |
9 | matters determined by the division from time to time; |
10 | (2) Collect all sports wagering revenue indirectly through Twin River and Tiverton |
11 | gaming facilities, require that the Twin River and Tiverton gaming facilities collect all sports |
12 | wagering revenue in trust for the state (through the division), deposit such sports wagering |
13 | revenue into an account or accounts of the division’s choice, allocate such sports wagering |
14 | revenue according to law, and otherwise maintain custody and control over all sports wagering |
15 | revenue; |
16 | (3) Hold and exercise sufficient powers over the Twin River and Tiverton gaming |
17 | facilities’ accounting and finances to allow for adequate oversight and verification of the financial |
18 | aspects of sports wagering hosted at their respective facilities in Lincoln and Tiverton, including, |
19 | without limitation: |
20 | (i) The right to require the Twin River and Tiverton gaming facilities to maintain an |
21 | annual balance sheet, profit and loss statement, and any other necessary information or reports; |
22 | (ii) The authority and power to conduct periodic compliance or special or focused audits |
23 | of the information or reports provided, as well as the premises within the facilities containing |
24 | records of sports wagering or in which the sports wagering activities are conducted; and |
25 | (4) Monitor the sports wagering operations hosted by the Twin River and Tiverton |
26 | gaming facilities and have the power to terminate or suspend any sports wagering activities in the |
27 | event of an integrity concern or other threat to the public trust, and in furtherance thereof, require |
28 | Twin River and Tiverton, respectively, to provide a specified area or areas from which to conduct |
29 | such monitoring activities; |
30 | (5) Through the use of a sports wagering vendor, define and limit the rules of play and |
31 | odds of authorized sports wagering games, including, without limitation, the minimum and |
32 | maximum wagers for each sports wagering game. Sports wagering payoffs shall not be subject to |
33 | any limitation or restriction related to sports wagering revenue or lottery revenue. |
34 | (6) Establish compulsive gambling treatment programs; |
| LC003938/SUB A - Page 13 of 23 |
1 | (7) Promulgate, or propose for promulgation, any legislative, interpretive and procedural |
2 | rules necessary for the successful implementation, administration and enforcement of this |
3 | chapter; and |
4 | (8) Hold all other powers necessary and proper to fully effectively execute and administer |
5 | the provisions of this chapter for the purpose of allowing the state to operate sports wagering |
6 | hosted by the Twin River and Tiverton gaming facilities. |
7 | (b) The state, through the division and/or the DBR, shall have approval rights over |
8 | matters relating to the employment of individuals to be involved, directly or indirectly, with the |
9 | operation of sports wagering at the Twin River and Tiverton gaming facilities. |
10 | (c) Nothing in this chapter 42-61.2 or elsewhere in the general laws shall be construed to |
11 | create a separate license governing the hosting of sports wagering in Rhode Island by licensed |
12 | video lottery and table game retailers. |
13 | (d) The state, through the division, shall have authority to issue such regulations as it |
14 | deems appropriate pertaining to the control, operation and management of sports wagering. The |
15 | state, through DBR shall have authority to issue such regulations as it deems appropriate |
16 | pertaining to the employment of individuals to be involved, directly or indirectly, with the |
17 | operations of sports wagering as set forth in subsection (b) of this section. |
18 | (e) Any list or other identifiable data of sports wagering players generated or maintained |
19 | by the sports wagering vendor or the hosting facility as a result of sports wagering shall be the |
20 | exclusive property of the division, provided that the hosting facilities shall be permitted to use |
21 | any such list or other identifiable data for marketing purposes to the extent it currently uses |
22 | similar data as approved by the division and for marketing purposes to directly or indirectly |
23 | generate additional gaming revenue, as approved by the division. |
24 | 42-61.2-3.3. Sports wagering regulation. |
25 | (a) In addition to the powers and duties of the division director under §§ 42-61-4, 42- |
26 | 61.2-3, 42-61.2-4 and 42-61.2-3.1, and pursuant to § 42-61.2-2.4, the division director shall |
27 | promulgate rules and regulations relating to sports wagering and set policy therefor. These rules |
28 | and regulations shall establish standards and procedures for sports waging and associated devices, |
29 | equipment and accessories, and shall include, but not be limited to: |
30 | (1) Approve standards, rules and regulations to govern the conduct of sports wagering |
31 | and the system of wagering associated with sports wagering, including without limitation: |
32 | (i) The objects of the sports wagering (i.e., the sporting events upon which sports |
33 | wagering bets may be accepted) and methods of play, including what constitutes win, loss or tie |
34 | bets; |
| LC003938/SUB A - Page 14 of 23 |
1 | (ii) The manner in which sports wagering bets are received, payoffs are remitted and |
2 | point spreads, lines and odds are determined for each type of available sports wagering bet; |
3 | (iii) Physical characteristics of any devices, equipment and accessories related to sports |
4 | wagering; |
5 | (iv) The applicable inspection procedures for any devices, equipment and accessories |
6 | related to sports wagering; |
7 | (v) Procedures for the collection of bets and payoffs, including but not limited to |
8 | requirements for internal revenue service purposes; |
9 | (vi) Procedures for handling suspected cheating and sports wagering irregularities; and |
10 | (vii) Procedures for handling any defective or malfunctioning devices, equipment and |
11 | accessories related to sports wagering. |
12 | (2) Establishing the method for calculating sports wagering revenue and standards for the |
13 | daily counting and recording of cash and cash equivalents received in the conduct of sports |
14 | wagering, and ensuring that internal controls are followed and financial books and records are |
15 | maintained and audits are conducted; |
16 | (3) Establishing the number and type of sports wagering bets authorized at the hosting |
17 | facility, including any new sports wagering bets or variations or composites of approved sports |
18 | wagering bets, and all rules related thereto; |
19 | (4) Establishing any sports wagering rule changes, sports wagering minimum and |
20 | maximum bet changes, and changes to the types of sports wagering products offered at a |
21 | particular hosting facility, including but not limited to any new sports wagering bets or variations |
22 | or composites of approved sports wagering bets, and including all rules related thereto; |
23 | (5) Requiring the hosting facility and/or sports wagering vendor to: |
24 | (i) Provide written information at each sports wagering location within the hosting |
25 | facility about wagering rules, payoffs on winning sports wagers and other information as the |
26 | division may require. |
27 | (ii) Provide specifications approved by the division to integrate and update the hosting |
28 | facility’s surveillance system to cover all areas within the hosting facility where sports wagering |
29 | is conducted and other areas as required by the division. The specifications shall include |
30 | provisions providing the division and other persons authorized by the division with onsite access |
31 | to the system. |
32 | (iii) Designate one or more locations within the hosting facility where sports wagering |
33 | bets are received. |
34 | (iv) Ensure that visibility in a hosting facility is not obstructed in any way that could |
| LC003938/SUB A - Page 15 of 23 |
1 | interfere with the ability of the division, the sports wagering vendor or other persons authorized |
2 | under this section or by the division to oversee the surveillance of the conduct of sports wagering. |
3 | (v) Ensure that the count rooms for sports wagering has appropriate security for the |
4 | counting and storage of cash. |
5 | (vi) Ensure that drop boxes are brought into or removed from an area where sports |
6 | wagering is conducted or locked or unlocked in accordance with procedures established by the |
7 | division. |
8 | (vii) Designate secure locations for the inspection, service, repair or storage of sports |
9 | wagering equipment and for employee training and instruction to be approved by the division. |
10 | (vii) Establish standards prohibiting persons under eighteen (18) of age from participating |
11 | in sports wagering. |
12 | (ix) Establish compulsive and problem gambling standards and/or programs pertaining to |
13 | sports wagering consistent with general laws chapter 42-61.2. |
14 | (6) Establishing the minimal proficiency requirements for those individuals accepting |
15 | sports wagers and administering payoffs on winning sports wagers. The foregoing requirements |
16 | of this subsection may be in addition to any rules or regulations of the DBR requiring licensing of |
17 | personnel of state-operated gaming facilities; |
18 | (7) Establish appropriate eligibility requirements and standards for traditional sports |
19 | wagering equipment suppliers; and |
20 | (8) Any other matters necessary for conducting sports wagering. |
21 | (b) The hosting facility shall provide secure, segregated facilities as required by the |
22 | division on the premises for the exclusive use of the division staff and the gaming enforcement |
23 | unit of the state police. Such space shall be located proximate to the gaming floor and shall |
24 | include surveillance equipment, monitors with full camera control capability, as well as other |
25 | office equipment that may be deemed necessary by the division. The location and size of the |
26 | space and necessary equipment shall be subject to the approval of the division. |
27 | 42-61.2-5. Allocation of sports wagering revenue. |
28 | (a) Notwithstanding the provisions of § 42-61-15, the division of lottery is authorized to |
29 | enter into an agreement, limited to in-person on-site sports wagering, to allocate sports wagering |
30 | revenue derived from sports wagering at the Twin River and Tiverton gaming facilities, (the |
31 | hosting facilities) between the state, the state's authorized sports wagering vendor, and the host |
32 | facilities. The allocation of sports wagering revenue shall be: |
33 | (1) To the state, fifty-one percent (51%) of sports wagering revenue; |
34 | (2) To the state's authorized sports wagering vendor, thirty-two percent (32%) of sports |
| LC003938/SUB A - Page 16 of 23 |
1 | wagering revenue; and |
2 | (3) To the host facilities, seventeen percent (17%) of sports wagering revenue. |
3 | (b) Sports wagering revenue allocated to the state shall be deposited into the state lottery |
4 | fund for administrative purposes and then the balance remaining into the general fund. |
5 | (c) The town of Lincoln shall be paid an annual flat fee of one hundred thousand dollars |
6 | ($100,000) and the town of Tiverton shall be paid an annual flat fee of one hundred thousand |
7 | dollars ($100,000) in compensation for serving as the host communities for sports wagering. |
8 | 42-61.2-9. Unclaimed prize money, including unclaimed sports wagering payoffs. |
9 | Unclaimed prize money for prizes in connection with the play of a video lottery game |
10 | and an unclaimed payoff in connection with a sports wager shall be retained by the director for |
11 | the person entitled thereto for one year after, respectively, the completion of the applicable video |
12 | lottery game or the determination of the result of the sporting event that was the subject of the |
13 | applicable sports wager. If no claim is made for the prize money or payoff within that year, the |
14 | prize money or payoff shall automatically revert to the lottery fund and the winner shall have no |
15 | claim thereto. |
16 | SECTION 5. Section 42-61.3-2 of the General Laws in Chapter 42-61.3 entitled "Casino |
17 | Gaming" is hereby amended to read as follows: |
18 | 42-61.3-2. Casino gaming crimes. |
19 | (a) Definitions as used in this chapter: |
20 | (1) "Casino gaming" shall have the meaning set forth in the Rhode Island general laws |
21 | subdivision 42-61.2-1(8). |
22 | (2) "Cheat" means to alter the element of chance, method of selection, or criteria which |
23 | determines: |
24 | (i) The result of the game; |
25 | (ii) The amount or frequency of payment in a game, including intentionally taking |
26 | advantage of a malfunctioning machine; |
27 | (iii) The value of a wagering instrument; or |
28 | (iv) The value of a wagering credit. |
29 | (3) "Cheating device" means any physical, mechanical, electromechanical, electronic, |
30 | photographic, or computerized device used in such a manner as to cheat, deceive or defraud a |
31 | casino game. This includes, but is not limited to: |
32 | (i) Plastic, tape, string or dental floss, or any other item placed inside a coin or bill |
33 | acceptor or any other opening in a video-lottery terminal in a manner to simulate coin or currency |
34 | acceptance; |
| LC003938/SUB A - Page 17 of 23 |
1 | (ii) Forged or stolen keys used to gain access to a casino game to remove its contents; and |
2 | (iii) Game cards or dice that have been tampered with, marked or loaded. |
3 | (4) "Gaming facility" means any facility authorized to conduct casino gaming as defined |
4 | in the Rhode Island general laws subdivision 42-61.2-1(8), including its parking areas and/or |
5 | adjacent buildings and structures. |
6 | (5) "Paraphernalia for the manufacturing of cheating devices" means the equipment, |
7 | products or materials that are intended for use in manufacturing, producing, fabricating, |
8 | preparing, testing, analyzing, packaging, storing or concealing a counterfeit facsimile of the |
9 | chips, tokens, debit instruments or other wagering devices approved by the division of state |
10 | lottery or lawful coin or currency of the United States of America. This term includes, but is not |
11 | limited to: |
12 | (i) Lead or lead alloy molds, forms, or similar equipment capable of producing a likeness |
13 | of a gaming token or United States coin or currency; |
14 | (ii) Melting pots or other receptacles; |
15 | (iii) Torches, tongs, trimming tools or other similar equipment; and |
16 | (iv) Equipment that can be used to manufacture facsimiles of debit instruments or |
17 | wagering instruments approved by the division of state lottery. |
18 | (6) "Table game" shall have the meaning set forth in Rhode Island general laws |
19 | subdivision 42-61.2-1(11). |
20 | (7) "Wager" means a sum of money or representative of value that is risked on an |
21 | occurrence for which the outcome is uncertain. |
22 | (b) Prohibited acts and penalties. It shall be unlawful for any person to: |
23 | (1) Use, or attempt to use, a cheating device in a casino game or to have possession of |
24 | such a device in a gaming facility. Any person convicted of violating this section shall be guilty |
25 | of a felony punishable by imprisonment for not more than ten (10) years or a fine of not more |
26 | than one hundred thousand dollars ($100,000), or both; |
27 | (2) Use, acquire, or possess paraphernalia with intent to cheat, or attempt to use, acquire |
28 | or possess, paraphernalia with the intent to manufacture cheating devices. Any person convicted |
29 | of violating this section shall be guilty of a felony punishable by imprisonment for not more than |
30 | ten (10) years or a fine of not more than one hundred thousand dollars ($100,000), or both; |
31 | (3) Cheat, or attempt to cheat, in order to take or collect money or anything of value, |
32 | whether for one's self or another, in or from a casino game in a gaming facility. Any person |
33 | convicted of violating this section shall be guilty of a felony punishable by imprisonment for not |
34 | more than ten (10) years or a fine of not more than one hundred thousand dollars ($100,000), or |
| LC003938/SUB A - Page 18 of 23 |
1 | both; |
2 | (4) Conduct, carry on, operate, deal, or attempt to conduct, carry on, operate or deal, or |
3 | allow to be conducted, carried on, operated, or dealt, any cheating game or device. Any person |
4 | convicted of violating this section shall be guilty of a felony punishable by imprisonment for not |
5 | more than ten (10) years or a fine of not more than one hundred thousand dollars ($100,000), or |
6 | both; |
7 | (5) Manipulate or alter or attempt to manipulate or alter, with the intent to cheat, any |
8 | physical, mechanical, electromechanical, electronic, or computerized component of a casino |
9 | game, contrary to the designed and normal operational purpose for the component. Any person |
10 | convicted of violating this section shall be guilty of a felony punishable by imprisonment for not |
11 | more than ten (10) years or a fine of not more than one hundred thousand dollars ($100,000), or |
12 | both; |
13 | (6) Use, sell or possess, or attempt to use, sell or possess, counterfeit: coins, slugs, tokens, |
14 | gaming chips, debit instruments, player rewards cards or any counterfeit wagering instruments |
15 | and/or devices resembling tokens, gaming chips, debit or other wagering instruments approved by |
16 | the division of state lottery for use in a casino game in a gaming facility. Any person convicted of |
17 | violating this section shall be guilty of a felony punishable by imprisonment for not more than ten |
18 | (10) years or a fine of not more than one hundred thousand dollars ($100,000), or both; |
19 | (7) (i) Place, increase, decrease, cancel or remove a wager or determine the course of play |
20 | of a table game, or attempt to place, increase, decrease, cancel or remove a wager or determine |
21 | the course of play of a table game, with knowledge of the outcome of the table game where such |
22 | knowledge is not available to all players; or |
23 | (ii) Aid, or attempt to aid anyone in acquiring such knowledge for the purpose of placing, |
24 | increasing, decreasing, cancelling or removing a wager or determining the course of play of the |
25 | table game. Any person convicted of violating this section shall be guilty of a felony punishable |
26 | by imprisonment for not more than ten (10) years or a fine of not more than one hundred |
27 | thousand dollars ($100,000), or both; |
28 | (8) Claim, collect or take, or attempt to claim, collect or take, money or anything of value |
29 | in or from a casino game or gaming facility, with intent to defraud, or to claim, collect or take an |
30 | amount greater than the amount won. Any person convicted of violating this section shall be |
31 | guilty of a felony punishable by imprisonment for not more than ten (10) years or a fine of not |
32 | more than one hundred thousand dollars ($100,000), or both; |
33 | (9) For any employee of a gaming facility or anyone acting on behalf of or at the |
34 | direction of an employee of a gaming facility, to knowingly fail to collect, or attempt to fail to |
| LC003938/SUB A - Page 19 of 23 |
1 | collect, a losing wager or pay, or attempt to pay, an amount greater on any wager than required |
2 | under the rules of a casino game. Any person convicted of violating this section shall be guilty of |
3 | a felony punishable by imprisonment for not more than ten (10) years or a fine of not more than |
4 | one hundred thousand dollars ($100,000), or both; |
5 | (10) Directly or indirectly offer, or attempt to offer, to conspire with another, or solicit, or |
6 | attempt to solicit, from another, anything of value, for the purpose of influencing the outcome of |
7 | a casino game. Any person convicted of violating this section shall be guilty of a felony |
8 | punishable by imprisonment for not more than ten (10) years or a fine of not more than one |
9 | hundred thousand dollars ($100,000), or both; |
10 | (11) Use or possess, or attempt to use or possess, at a gaming facility, without the written |
11 | consent of the director of the division of state lottery, any electronic, electrical or mechanical |
12 | device designed, constructed or programmed to assist the user or another person with the intent |
13 | to: |
14 | (i) Predict the outcome of a casino game; |
15 | (ii) Keep track of the cards played; |
16 | (iii) Analyze and/or predict the probability of an occurrence relating to the casino game; |
17 | and/or |
18 | (iv) Analyze and/or predict the strategy for playing or wagering to be used in the casino |
19 | game. Any person convicted of violating this section shall be guilty of a felony punishable by |
20 | imprisonment for not more than ten (10) years or a fine of not more than one hundred thousand |
21 | dollars ($100,000), or both; |
22 | (12) Skim, or attempt to skim, casino gaming proceeds by excluding anything of value |
23 | from the deposit, counting, collection, or computation of: |
24 | (i) Gross revenues from gaming operations or activities; |
25 | (ii) Net gaming proceeds; and/or |
26 | (iii) Amounts due the state pursuant to applicable casino gaming-related laws. Any |
27 | person convicted of violating this section shall be guilty of a felony punishable by imprisonment |
28 | for not more than ten (10) years or a fine of not more than one hundred thousand dollars |
29 | ($100,000), or both; |
30 | (13) Cheat, or attempt to cheat, in the performance of his/her duties as a dealer or other |
31 | casino employee by conducting one's self in a manner that is deceptive to the public or alters the |
32 | normal random selection of characteristics or the normal chance or result of the game, including, |
33 | but not limited to, using cards, dice or any cheating device(s) which have been marked, tampered |
34 | with or altered. Any person convicted of violating this section shall be guilty of a felony |
| LC003938/SUB A - Page 20 of 23 |
1 | punishable by imprisonment for not more than ten (10) years or a fine of not more than one |
2 | hundred thousand dollars ($100,000), or both; |
3 | (14) Possess or use, or attempt to use, without proper authorization from the state lottery |
4 | division, while in the gaming facility any key or device designed for the purpose of or suitable for |
5 | opening or entering any self-redemption unit (kiosk), vault, video-lottery terminal, drop box or |
6 | any secured area in the gaming facility that contains casino gaming and/or surveillance |
7 | equipment, computers, electrical systems, currency, cards, chips, dice, or any other thing of value. |
8 | Any person convicted of violating this section shall be guilty of a felony punishable by |
9 | imprisonment for not more than ten (10) years or a fine of not more than one hundred thousand |
10 | dollars ($100,000), or both; |
11 | (15) Tamper and/or interfere, or attempt to tamper and/or interfere, with any casino |
12 | gaming and/or surveillance equipment, including, but not limited to, related computers and |
13 | electrical systems. Any person convicted of violating this section shall be guilty of a felony |
14 | punishable by imprisonment for not more than ten (10) years or a fine of not more than one |
15 | hundred thousand dollars ($100,000), or both; |
16 | (16) Access, interfere with, infiltrate, hack into or infect, or attempt to access, interfere |
17 | with, infiltrate, hack into or infect, any casino gaming-related computer, network, hardware |
18 | and/or software or other equipment. Any person convicted of violating this section shall be guilty |
19 | of a felony punishable by imprisonment for not more than ten (10) years or a fine of not more |
20 | than one hundred thousand dollars ($100,000), or both; |
21 | (17) Sell, trade, barter, profit from or otherwise use to one's financial advantage, or |
22 | attempt to sell, trade, barter, profit from or otherwise use to one's financial advantage, any |
23 | confidential information related to casino-gaming operations, including, but not limited to, data |
24 | (whether stored on a computer's software, hardware, network or elsewhere), passwords, codes, |
25 | surveillance and security characteristics and/or vulnerabilities, and/or non-public internal |
26 | controls, policies and procedures related thereto. Any person convicted of violating this section |
27 | shall be guilty of a felony punishable by imprisonment for not more than ten (10) years or a fine |
28 | of not more than one hundred thousand dollars ($100,000), or both; |
29 | (18) Conduct a gaming operation, or attempt to conduct a gaming operation, where |
30 | wagering is used or to be used without a license issued by or authorization from the division of |
31 | state lottery. Any person convicted of violating this section shall be guilty of a felony punishable |
32 | by imprisonment for not more than ten (10) years or a fine of not more than one hundred |
33 | thousand dollars ($100,000), or both; |
34 | (19) Provide false information and/or testimony to the division of state lottery, |
| LC003938/SUB A - Page 21 of 23 |
1 | department of business regulation, or their authorized representatives and/or the state police while |
2 | under oath. Any person convicted of violating this section shall be guilty of a felony punishable |
3 | by imprisonment for not more than ten (10) years or a fine of not more than one hundred |
4 | thousand dollars ($100,000), or both; |
5 | (20) Play a casino game and/or make a wager, or attempting to play a casino game and/or |
6 | make a wager, if under the age eighteen (18) years. Any person charged under this section shall |
7 | be referred to family court; or |
8 | (21) Permit, or attempt to permit, a person to play a casino game and/or accept, or |
9 | attempt to accept, a wager from a person, if he/she is under the age of eighteen (18) years. Any |
10 | person convicted of violating this section be guilty of a misdemeanor punishable by |
11 | imprisonment for not more than one year or a fine of not more than one thousand dollars |
12 | ($1,000), or both. |
13 | SECTION 6. Section 11-19-14 of the General Laws in Chapter 11-19 entitled "Gambling |
14 | and Lotteries" is hereby amended to read as follows: |
15 | 11-19-14. Bookmaking. |
16 | Except as provided in chapter 4 of title 41 and excluding activities authorized by the |
17 | division of lottery under chapters 61 and 61.2 of title 42, any person who shall engage in pool |
18 | selling or bookmaking, or shall occupy or keep any room, shed, tenement, tent, or building, or |
19 | any part of them, or shall occupy any place upon any public or private grounds within this state, |
20 | with books, apparatus, or paraphernalia for the purpose of recording or registering bets or wagers |
21 | or of buying or selling pools, or who shall record or register bets or wagers or sell pools upon the |
22 | result of any trial or contest of skill, speed or power of endurance of man or beast, or upon the |
23 | result of any political nomination, appointment, or election, or, being the owner or lessee or |
24 | occupant of any room, tent, tenement, shed, booth, or building, or part of them, knowingly shall |
25 | permit it to be used or occupied for any of these purposes, or shall keep, exhibit or employ any |
26 | device or apparatus for the purpose of recording or registering bets or wagers, or the selling of |
27 | pools, or shall become the custodian or depositary for gain, hire, or reward of any money, |
28 | property, or thing of value staked, wagered, or pledged or to be wagered or pledged upon the |
29 | result, or who shall receive, register, record, forward, or purport or pretend to forward to or for |
30 | any race course, or person, within or outside this state, any money, thing, or consideration of |
31 | value bet or wagered, or money, thing, or consideration of value offered for the purpose of being |
32 | bet or wagered upon the speed or endurance of any man or beast; or who shall occupy any place |
33 | or building or part of it with books, papers, apparatus, or paraphernalia for the purpose of |
34 | receiving or pretending to receive, or for recording or registering, or for forwarding or pretending |
| LC003938/SUB A - Page 22 of 23 |
1 | or attempting to forward in any manner whatsoever, any money, thing, or consideration of value |
2 | bet or wagered or to be bet or wagered for any other person, or who shall receive or offer to |
3 | receive any money, thing, or consideration of value bet or to be bet at any race track within or |
4 | without this state, or who shall aid, assist or abet in any manner in any of the acts forbidden by |
5 | this section, shall upon conviction be punished by a fine not exceeding five hundred dollars |
6 | ($500) or imprisonment not exceeding one year, and upon a second conviction of a violation of |
7 | this section shall be imprisoned for a period not less than one nor more than five (5) years. |
8 | SECTION 7. This act shall take effect upon passage. |
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LC003938/SUB A | |
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| LC003938/SUB A - Page 23 of 23 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO VIDEO LOTTERY GAMES, TABLE GAMES AND SPORTS WAGERING | |
*** | |
1 | This act would authorize the implementation and operation of sports wagering at the |
2 | Twin River and Tiverton gaming facilities. |
3 | This act would take effect upon passage. |
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LC003938/SUB A | |
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| LC003938/SUB A - Page 24 of 23 |