2023 -- H 6313 | |
======== | |
LC002809 | |
======== | |
STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2023 | |
____________ | |
A N A C T | |
RELATING TO STATE AFFAIRS AND GOVERNMENT -- VIDEO LOTTERY GAMES, | |
TABLE GAMES AND SPORTS WAGERING | |
| |
Introduced By: Representatives Baginski, and Finkelman | |
Date Introduced: April 21, 2023 | |
Referred To: House Finance | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 42-61.2-1 of the General Laws in Chapter 42-61.2 entitled "Video |
2 | Lottery Games, Table Games and Sports Wagering" is hereby amended to read as follows: |
3 | 42-61.2-1. Definitions. |
4 | For the purpose of this chapter, the following words shall mean: |
5 | (1) “2017 Budget Act” means 2017 — H 5175 Substitute A, as amended, entitled “An Act |
6 | Relating to Making Appropriations for the Support of the State for the Fiscal Year ending June 30, |
7 | 2018,” which Act was signed into law by the Governor of Rhode Island on August 3, 2017. |
8 | (2) “Casino gaming” means any and all table and casino-style games played with cards, |
9 | dice, or equipment, for money, credit, or any representative of value; including, but not limited to: |
10 | roulette, blackjack, big six, craps, poker, baccarat, paigow, any banking or percentage game, or any |
11 | other game or device included within the definition of Class III gaming as that term is defined in |
12 | Section 2703(8) of Title 25 of the United States Code and that is approved by the state through the |
13 | division of state lottery. |
14 | (3) “Central communication system” means a system approved by the Division, linking all |
15 | Video Lottery Terminals at a licensed video lottery retailer location to provide auditing program |
16 | information and any other information determined by the Division. In addition, the central |
17 | communications system must provide all computer hardware and related software necessary for the |
18 | establishment and implementation of a comprehensive system as required by the Division. |
| |
1 | (4) “Collegiate sports or athletic event” means a sporting event offered or sponsored by or |
2 | played in connection with, a public or private institution that offers educational services beyond |
3 | the secondary level, but shall not include a collegiate sports contest or collegiate athletic event that |
4 | takes place in Rhode Island or a sports contest or athletic event in which any Rhode Island college |
5 | team participates regardless of where the event takes place unless such contest or event is part of a |
6 | collegiate tournament. |
7 | (5) “Collegiate tournament” means a series of collegiate sports or athletic events involving |
8 | four (4) or more collegiate teams that make up a single unit of competition. |
9 | (5)(6) “Consolidated promotional points program” means, collectively, the “Initial |
10 | Promotional Points Program” and the “Supplementary Promotional Points Program” applicable to |
11 | the Lincoln gaming facility and the “Initial Promotional Points Program” and the “Supplementary |
12 | Promotional Points Program” applicable to the Tiverton gaming facility, with each of the terms |
13 | “Initial Promotional Points Program” and “Supplementary Promotional Points Program” having |
14 | the meanings given such terms in the 2017 Budget Act. |
15 | (6)(7) “Credit facilitator” means any employee of a licensed video lottery retailer approved |
16 | in writing by the Division whose responsibility is to, among other things, review applications for |
17 | credit by players, verify information on credit applications, grant, deny, and suspend credit, |
18 | establish credit limits, increase and decrease credit limits, and maintain credit files, all in |
19 | accordance with this chapter and rules and regulations approved by the Division. |
20 | (7)(8) “DBR” means the department of business regulation, division of gaming and |
21 | athletics licensing, and/or any successor in interest thereto. |
22 | (8)(9) “Director” means the director of the Division. |
23 | (9)(10) “Division” means the state lottery division of the department of revenue and/or any |
24 | successor in interest thereto. |
25 | (10)(11) “Hosting facility” refers to the Lincoln gaming facility and the Tiverton gaming |
26 | facility. |
27 | (11)(12) “IGT” means IGT Global Solutions Corporation, a Delaware corporation. |
28 | (12)(13) “Licensed video lottery retailer” means a pari-mutuel licensee specifically |
29 | licensed by the Director subject to the approval of the Division to become a licensed video lottery |
30 | retailer. |
31 | (13)(14) “Lincoln gaming facility” means the gaming and entertainment facility located at |
32 | 100 Twin River Road in the town of Lincoln, Rhode Island (sometimes referred to as “Twin River” |
33 | or the “Twin River gaming facility”). |
34 | (14)(15) “Marketing Year” means the fiscal year of the state. |
| LC002809 - Page 2 of 8 |
1 | (15)(16) “Net table-game revenue” means win from table games minus counterfeit |
2 | currency. |
3 | (16)(17) “Net terminal income” means currency placed into a Video Lottery Terminal less |
4 | credits redeemed for cash by players. |
5 | (17)(18) “Newport Grand” means Newport Grand, LLC, a Rhode Island limited-liability |
6 | company, successor to Newport Grand Jai Alai, LLC, and each permitted successor to and assignee |
7 | of Newport Grand, LLC under the Newport Grand Master Contract, including, without limitation, |
8 | Premier (as defined in subsection (25) of this section) and/or Twin River-Tiverton (as defined in |
9 | subsection (40) of this section) provided it is a pari-mutuel licensee (as defined in this section); |
10 | provided, further, however, where the context indicates that the term is referring to the physical |
11 | facility, then it shall mean the gaming and entertainment facility located at 150 Admiral Kalbfus |
12 | Road, Newport, Rhode Island. |
13 | (18)(19) “Newport Grand Marketing Year” means each fiscal year of the state or a portion |
14 | thereof between November 23, 2010, and the termination date of the Newport Grand Master |
15 | Contract. |
16 | (19)(20) “Newport Grand Master Contract” means that certain master video lottery |
17 | terminal contract made as of November 23, 2005, by and between the division of lotteries of the |
18 | Rhode Island department of administration and Newport Grand, as amended and extended from |
19 | time to time as authorized therein and/or as such Newport Grand Master Contract may be assigned |
20 | as permitted therein. |
21 | (20)(21) “Online gaming account” means an account opened by a patron that such patron |
22 | shall use for the deposit and withdrawal of funds used for online sports wagering. |
23 | (21)(22) “Online sports wagering” means engaging in the act of sports wagering by the |
24 | placing of wagers on sporting events or a combination of sporting events, or on the individual |
25 | performance statistics of athletes in a sporting event or a combination of sporting events, over the |
26 | internet through computers, mobile applications on mobile devices or other interactive devices |
27 | approved by the Division, which wagers are accepted by a server-based gaming system located at |
28 | the premises of a hosting facility authorized to accept sports wagers and administer payoffs of |
29 | winning sports wagers; all such wagers shall be deemed to be placed and accepted at the premises |
30 | of a hosting facility. |
31 | (22)(23) “Online sports-wagering revenue” means: |
32 | (i) The total of cash or cash equivalents received from online sports wagering minus the |
33 | total of: |
34 | (I) Cash or cash equivalents paid to players as a result of online sports wagering; |
| LC002809 - Page 3 of 8 |
1 | (II) Marketing expenses related to online sports wagering as agreed to by the Division, the |
2 | sports-wagering vendor, and the host facilities, as approved by the Division; and |
3 | (III) Any federal excise taxes (if applicable). |
4 | (ii) The term does not include any of the following: |
5 | (I) Counterfeit cash. |
6 | (II) Coins or currency of other countries received as a result of online sports wagering, |
7 | except to the extent that the coins or currency are readily convertible to cash. |
8 | (III) Cash taken in a fraudulent act perpetrated against a hosting facility or sports-wagering |
9 | vendor for which the hosting facility or sports-wagering vendor is not reimbursed. |
10 | (IV) Free play provided by the hosting facility or sports-wagering vendor as authorized by |
11 | the Division to a player and subsequently “won back” by the hosting facility or sports-wagering |
12 | vendor, for which the hosting facility or sports-wagering vendor can demonstrate that it or its |
13 | affiliate has not been reimbursed in cash. |
14 | (23)(24) “Pari-mutuel licensee” means: |
15 | (i) An entity licensed pursuant to § 41-3.1-3; and/or |
16 | (ii) An entity licensed pursuant to § 41-7-3. |
17 | (24)(25) “Payoff,” when used in connection with sports wagering, means cash or cash |
18 | equivalents paid to a player as a result of the player’s winning a sports wager. A “payoff” is a type |
19 | of “prize,” as the term “prize” is used in chapters 61, 61.2, and 61.3 of this title. |
20 | (25)(26) “Premier” means Premier Entertainment II, LLC and/or its successor in interest |
21 | by reason of the acquisition of the stock, membership interests, or substantially all of the assets of |
22 | such entity. |
23 | (26)(27) “Prior marketing year,” means, with respect to a marketing year, the most recent |
24 | previous marketing year during which the Division operated a majority of the authorized video |
25 | lottery games at each of the Lincoln gaming facility and the Tiverton gaming facility for at least |
26 | 360 days (or 361 days in the case there are 366 days in such marketing year). For the avoidance of |
27 | doubt, because the Division will not have operated a majority of the authorized video lottery games |
28 | at the Lincoln gaming facility and at the Tiverton gaming facility for at least 361 days during the |
29 | marketing year expiring on June 30, 2020, the prior marketing year with respect to the marketing |
30 | year expiring on June 30, 2021, shall be the marketing year expiring on June 30, 2019. |
31 | (27)(28) “Promotional points” has the meaning given such term in the 2017 Budget Act. |
32 | (28)(29) “Rake” means a set fee or percentage of cash and chips representing cash wagered |
33 | in the playing of a nonbanking table game assessed by a table games retailer for providing the |
34 | services of a dealer, gaming table, or location, to allow the play of any nonbanking table game. |
| LC002809 - Page 4 of 8 |
1 | (29)(30) “Server-based gaming system” means all hardware, software, and |
2 | communications devices that comprise a system utilized for the purpose of offering an electronic |
3 | platform used in connection with the process of placing and accepting sports wagers. |
4 | (30)(31) “Sporting event” means any professional sport or athletic event, any Olympic or |
5 | international sports competition event, and any collegiate sport or athletic event, and any other |
6 | event authorized by the division or any portion thereof, including, but not limited to, the individual |
7 | performance statistics of athletes in a sports event or combination of sports events, except “sporting |
8 | event” shall not include a : |
9 | (i) The individual performance statistics of athletes in a collegiate sports or athletic event |
10 | which is part of a collegiate tournament: |
11 | (A) Takes place in Rhode Island; or |
12 | (B) In which any Rhode Island college team participates regardless of where the event |
13 | takes place; or |
14 | (ii) Any other prohibited sporting event as determined by the division. |
15 | (31)(32) “Sports wagering” means the business of accepting wagers on sporting events or |
16 | a combination of sporting events, or on the individual performance statistics of athletes in a sporting |
17 | event or combination of sporting events, by any system or method of wagering. The term includes, |
18 | but is not limited to, exchange wagering, parlays, over-under, moneyline, pools, and straight bets, |
19 | and the term includes the placement of such bets and wagers. However, the term does not include, |
20 | without limitation, the following: |
21 | (i) Lotteries, including video lottery games and other types of casino gaming operated by |
22 | the state, through the Division, as of June 22, 2018. |
23 | (ii) Pari-mutuel betting on the outcome of thoroughbred or harness horse racing, or |
24 | greyhound dog racing, including but not limited to, pari-mutuel wagering on a race that is |
25 | “simulcast” (as defined in § 41-11-1), as regulated elsewhere pursuant to the general laws, |
26 | including in chapters 3, 3.1, 4, and 11 of title 41. |
27 | (iii) Off-track betting on racing events, as regulated elsewhere pursuant to the general laws, |
28 | including in chapter 10 of title 41. |
29 | (iv) Wagering on the respective scores or points of the game of jai alai or pelota and the |
30 | sale of pari-mutuel pools related to such games, as regulated elsewhere pursuant to the general |
31 | laws, including in chapter 7 of title 41. |
32 | (v) Lotteries, charitable gaming, games of chance, bingo games, raffles, and pull-tab lottery |
33 | tickets, to the extent permitted and regulated pursuant to chapter 19 of title 11. |
34 | (32)(33) “Sports-wagering device” means any mechanical, electrical, or computerized |
| LC002809 - Page 5 of 8 |
1 | contrivance, terminal, machine, or other device, apparatus, equipment, or supplies approved by the |
2 | Division and used to conduct sports wagering. |
3 | (33)(34) “Sports-wagering revenue” means: |
4 | (i) The total of cash or cash equivalents received from sports wagering minus the total of: |
5 | (I) Cash or cash equivalents paid to players as a result of sports wagering; |
6 | (II) The annual flat fee to the host communities as defined by § 42-61.2-5(c); |
7 | (III) Marketing expenses related to sports wagering as agreed to by the Division, the sports- |
8 | wagering vendor, and the host facilities, as approved by the Division; and |
9 | (IV) Any federal excise taxes (if applicable). |
10 | (ii) The term does not include any of the following: |
11 | (I) Counterfeit cash. |
12 | (II) Coins or currency of other countries received as a result of sports wagering, except to |
13 | the extent that the coins or currency are readily convertible to cash. |
14 | (III) Cash taken in a fraudulent act perpetrated against a hosting facility or sports-wagering |
15 | vendor for which the hosting facility or sports-wagering vendor is not reimbursed. |
16 | (IV) Free play provided by the hosting facility or sports-wagering vendor as authorized by |
17 | the Division to a patron and subsequently “won back” by the hosting facility or sports-wagering |
18 | vendor, for which the hosting facility or sports-wagering vendor can demonstrate that it or its |
19 | affiliate has not been reimbursed in cash. |
20 | (34)(35) “Sports-wagering vendor” means any entity authorized by the Division to operate |
21 | sports betting on the Division’s behalf in accordance with this chapter. |
22 | (35)(36) “Table game” or “Table gaming” means that type of casino gaming in which table |
23 | games are played for cash or chips representing cash, or any other representation of value that has |
24 | been approved by the Division, using cards, dice, or equipment and conducted by one or more live |
25 | persons. |
26 | (36)(37) “Table-game retailer” means a retailer authorized to conduct table gaming |
27 | pursuant to § 42-61.2-2.1 or § 42-61.2-2.3. |
28 | (37)(38) “Technology provider” means any individual, partnership, corporation, or |
29 | association that designs, manufactures, installs, maintains, distributes, or supplies Video Lottery |
30 | Terminals or associated equipment for the sale or use in this state. |
31 | (38)(39) “Tiverton gaming facility” means the gaming and entertainment facility located |
32 | at the intersection of William S. Canning Boulevard and Stafford Road in the town of Tiverton, |
33 | Rhode Island (sometimes referred to as “Twin River-Tiverton”). |
34 | (39)(40) “Twin River” (sometimes referred to as “UTGR”) means UTGR, Inc., a Delaware |
| LC002809 - Page 6 of 8 |
1 | corporation, and each permitted successor to and assignee of UTGR, Inc.; provided, however, |
2 | where the context indicates that the term is referring to a physical facility, then “Twin River” shall |
3 | mean the Lincoln gaming facility. |
4 | (40)(41) “Twin River-Tiverton” means Twin River-Tiverton, LLC and/or its successor in |
5 | interest by reason of the acquisition of the stock, membership interests, or substantially all of the |
6 | assets of such entity; provided, however, where the context indicates that the term is referring to a |
7 | physical facility, then “Twin River-Tiverton” shall mean the Tiverton gaming facility. |
8 | (41)(42) “Twin River-Tiverton Marketing Year” has the same meaning as Marketing Year |
9 | (as defined in subsection (14) of this section). |
10 | (42)(43) “Twin River-Tiverton Master Contract” has the same meaning as Newport Grand |
11 | Master Contract (as defined in subsection (19) of this section). |
12 | (43)(44) “UTGR Master Contract” means that certain master video lottery terminal |
13 | contract made as of July 1, 2005, by and between the division of lotteries of the Rhode Island |
14 | department of administration (now the division of lotteries of the Rhode Island department of |
15 | revenue) and Twin River, as amended and extended from time to time as authorized therein and/or |
16 | as such UTGR Master Contract may be assigned as permitted therein. |
17 | (44)(45) “Video Lottery Agreement” means that certain Video Lottery Central Computer |
18 | System Agreement dated as of December 20, 2001, by and between IGT and the Division, as |
19 | amended, extended, assigned, and assumed from time to time. |
20 | (45)(46) “Video lottery games” means lottery games played on Video Lottery Terminals |
21 | controlled by the Division. |
22 | (46)(47) “Video lottery terminal” means any electronic computerized video game machine |
23 | that, upon the insertion of cash or any other representation of value that has been approved by the |
24 | Division, is available to play a video game authorized by the Division, and that uses a video display |
25 | and microprocessors in which, by chance, the player may receive free games or credits that can be |
26 | redeemed for cash. The term does not include a machine that directly dispenses coins, cash, or |
27 | tokens. |
28 | (47)(48) “VLT Agreement” means that certain Video Lottery Terminal Technology |
29 | Provider License Agreement dated as of September 28, 2000, by and between IGT and the Division, |
30 | as amended, extended, assigned, and assumed from time to time. |
31 | SECTION 2. This act shall take effect upon passage. |
======== | |
LC002809 | |
======== | |
| LC002809 - Page 7 of 8 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO STATE AFFAIRS AND GOVERNMENT -- VIDEO LOTTERY GAMES, | |
TABLE GAMES AND SPORTS WAGERING | |
*** | |
1 | This act would amend the definitions of "collegiate sports or athletic event" and "sporting |
2 | event" within the chapter on "video lottery games, table games and sports wagering". |
3 | This act would take effect upon passage. |
======== | |
LC002809 | |
======== | |
| LC002809 - Page 8 of 8 |