The Regology Regulatory Report is a monthly roundup analyzing gambling legislation in the US.
Two state legislatures, Texas and Virginia, have called special sessions this month. The historic impeachment trial of suspended Texas Attorney General, Ken Paxton, is underway in the Texas Senate along with budget debates in the Virginia General Assembly. There are eight state legislatures who continue with regular sessions this month: California, Massachusetts, Michigan, New Jersey, North Carolina, Ohio, Pennsylvania, and Wisconsin. During the month of August 2023, a total number of 9 gambling-related bills went through various stages of the lawmaking process. This report will highlight bills that became law and some that have shown movement during this month.
If your gambling-related organization does business in New York, you might want to take note of several proposed rule changes from the New York State Gaming Commission (NYSGC) that were issued this month. There are 5 new proposed rule changes that will affect certain sections of Title 9 of the New York Code of Rules and Regulations (NYCRR). These changes may impact regulatory and compliance programs for businesses that participate in thoroughbred racing; lottery prizes and courier services; sports wagering advertising and marketing; and interactive fantasy sports. The gaming commission will receive public comments up to 60 days after publication of the following notices:
Fantasy Sports: A new Chapter VI, Part 5600 – 5613, Interactive Fantasy Sports will be added to Title 9, Subtitle T of the NYCRR (revised proposal), Published Date: August 2,2023,
Sports wagering: Proposed rules to regulate advertising, marketing and promotions concerning sports wagering are amended in section 5329 and sections 5329.37 and 5330.45 are added to Title 9 NYCRR. Published Date: August 2,2023.
Horse Racing: This is a consensus rulemaking to improve the claiming process in Thoroughbred Racing by amending sections 4038.1, 4038.3 and 4038.4 of Title 9 NYCRR. Published Date: August 23, 2023.
Lottery: In order to defray administrative expenses associated with a Lottery Prize Assignment Processing Fee, amendments are proposed to section 5002.11 of Title 9 NYCRR. Published Date: August 23, 2023.
Lottery: Purchase location requirements for lottery couriers to facilitate the proper sale of lottery tickets to generate revenue for education are amended in section 5014.7 of Title 9 NYCRR. Published Date: August 30, 2023.
Gaming Bills on the Move
Win, Lose, or Draw: Recently Passed Legislation
Casino: Illinois – Gaming Occupation License Standard – An act to amend the Illinois Administrative Procedures Act and implement emergency rules for occupational licenses. The emergency rules will allow expansion of casino/hotel industry employees to include those convicted of felonies. [SB 1462 (8/11/2023) Became Law]
Casino: New Jersey – Modifies employee health benefits requirements under certain economic development programs – This bill may impact sections 113, 125 243 of NJST 34: 1B and any projects located in a Garden State Growth Zone that qualifies under the “Municipal Rehabilitation and Economic Recovery Act” or any projected located in the Atlantic City Tourism District and regulated by the Casino Reinvestment Development Authority. [AB 5286 (8/16/2023) Became Law]
Gambling Treatment: Delaware – An Act to amend Title 16 of the Delaware Code relating to 988 Behavioral Health Crisis Intervention Services – “Mental health condition” was redefined to include gambling disorders [HB 160, HS 1 for HB 160, HS 2 for HB 160 (8/18/2023) Became Law]
On the Clock and In-Play: Movement on Active Bills
Casino: California – Key Employees – repeals provisions relating to key employees working at different gambling establishments with provisions to waive the requirement for a deposit and investigation performed by the department at the time of application. A new owner license, valid for 2 years, will be established that allows for a person or entity to be endorsed on the license certificate of multiple gambling enterprises. The bill would authorize a person with a work permit issued by the commission to act as a gambling enterprise employee, or serve as an independent agent, and entitle the holder of the work permit to work for any gambling enterprise for which the commission issues work permits as a gambling enterprise employee after proper notification to the department. [AB 1271 (8/177/2023) Passed by the Second Body]
Horse Racing: California – Fairground Satellite Wagering Facilities – permits any fair in the County of Stanislaus, to operate one satellite wagering facility within the boundaries of the fair, on the same conditions as apply in the Counties of Kern and Shasta. [AB 1074 (8/17/2023) Passed by the Second Body]
New Player In the Game: Recently Introduced Legislation
Horse Racing: Pennsylvania – integrates the “Right-to-Know” law into the PA Consolidated Statutes – allows easier access to the public to determine the most recent official statutory text. This bill will primarily affect the Pennsylvania State Racing Commission and Pennsylvania Horse Breeders Association because employees and commissioners will be required to disclose expenses on the state website. [HB 1648 (8/29/2023) Introduced]
1. Regology database statistics filtered by jurisdiction [US federal/50 states], status [applicable bills only], and time period [August 1 – 31, 2023].
2. Bills included in this category are reported “active”, even though the state legislature may have adjourned during this time period. Regology uses the official status reported by each individual state legislature according to their policies and procedures.