6th Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/26/2024 09:26am
A bill for an act
relating to gambling; authorizing and providing for sports betting; establishing
licenses; prohibiting local restrictions; providing for taxation of sports betting;
providing civil and criminal penalties; requiring reports; appropriating money;
amending Minnesota Statutes 2022, sections 240.01, subdivision 1b; 245.98,
subdivision 2; 260B.007, subdivision 16; 297E.02, by adding a subdivision; 609.75,
subdivisions 3, 4, 7, by adding a subdivision; 609.755; 609.76, subdivision 2;
proposing coding for new law in Minnesota Statutes, chapters 299L; 609; proposing
coding for new law as Minnesota Statutes, chapter 297J.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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For the purposes of this chapter, the following terms have the
meanings given them.
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"Athletic event" means a sports game, match, or activity, or
series of games, matches, activities, or tournaments involving the athletic skill of one or
more players or participants. Athletic event does not include any of the following:
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(1) horse racing as defined in section 240.01, subdivision 8;
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(2) an esports or athletic competition, demonstration, activity, or tournament organized
by an elementary, middle, or high school, or by any youth activity sports program, league,
or clinic;
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(3) a fantasy sports contest in which participants assemble teams of athletes or individuals
and the winning outcome reflects the relative knowledge and skill of the participants and
is determined predominantly by the accumulated statistical results of the performance of
athletes or individuals in an actual event; or
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(4) the performance of an individual athlete participating in a single game or match of
a collegiate team.
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"Authorized participant" means an individual who
has a valid mobile sports betting account with a mobile betting operator and is at least 21
years of age.
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"Casino" means an establishment in which gaming is lawfully conducted
by an Indian Tribe in the state of Minnesota pursuant to the Indian Gaming Regulatory Act
and in accordance with a Tribal gaming ordinance and applicable Tribal-state compacts.
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"Class III gaming" has the meaning given in United States
Code, title 25, section 2703.
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"College sports" means a sporting event in which at least one
participant is a team or individual from a public or private institution of higher education.
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"Compact" means a Tribal-state compact governing the conduct of
class III gaming on Indian lands that is negotiated under section 3.9221, any other state law,
or pursuant to the Indian Gaming Regulatory Act, Public Law 100-497, and future
amendments to it.
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"Esports events" are leagues, competitive circuits, tournaments,
or similar competitions where individuals or teams play video games typically for spectators
either in-person or online for the purpose of entertainment, prizes, and money that meets
the following conditions:
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(1) the video game does not simulate the play of a game classified as Class I, II, or III
under the Indian Gaming Regulatory Act, Public Law 100-497, and future amendments to
it; and
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(2) the video game is approved by the commissioner and publisher to be an event eligible
for wagering.
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"Indian Tribe" means the following federally recognized Tribes
and any instrumentality, political subdivision, legal entity, or other organization through
which one of them conducts business:
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(1) the Fond du Lac Band;
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(2) the Grand Portage Band;
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(3) the Mille Lacs Band;
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(4) the White Earth Band;
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(5) the Bois Forte Band;
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(6) the Leech Lake Band;
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(7) the Red Lake Nation;
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(8) the Upper Sioux Community;
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(9) the Lower Sioux Indian Community;
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(10) the Shakopee Mdewakanton Sioux Community; and
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(11) the Prairie Island Indian Community.
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"In-game betting" means placing a mobile sports betting
wager after a sporting event has started but before the outcome of the wager is determined.
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"Mobile application" means an application on a mobile
phone or other device through which an individual is able to place a mobile sports betting
wager.
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"Mobile sports betting" means operating, conducting,
or offering for play sports betting through the Internet.
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"Mobile sports betting account" means an
electronic ledger in which all of the following types of transactions relative to an authorized
participant are recorded:
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(1) deposits and credits;
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(2) withdrawals;
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(3) mobile sports betting wagers;
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(4) monetary value of winnings;
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(5) service or other transaction related charges authorized by the authorized participant,
if any;
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(6) adjustments to the account;
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(7) promotional activity; and
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(8) responsible gaming parameters.
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"Mobile sports betting operator" means an
Indian Tribe that receives a license from the commissioner to operate, conduct, or offer for
play mobile sports betting under this section to section 299L.80.
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"Mobile sports betting platform" means an
integrated system of hardware, software, or applications, including mobile applications and
servers, through which a mobile sports betting operator operates, conducts, or offers sports
betting through the Internet.
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"Mobile sports betting platform
provider" means a sports betting supplier that contracts with a mobile sports betting operator
to provide a mobile sports betting platform.
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"Participant in a sporting event" means a
person engaging in a sporting event as a player, coach, or official, or who is an owner or
officer of a team engaging in a sporting event or the league or organization organizing the
sporting event.
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"Sporting event" means an athletic event, esports event,
college sports event, or other event approved by the commissioner to be an event eligible
for wagering under this section to section 299L.80.
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(a) "Sports betting" means wagering on the outcome of a
sporting event or portions thereof or individual performance statistics therein that is:
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(1) organized by a professional sports organization, internationally recognized sports
organization, amateur sports organization, or a postsecondary educational institution or
group of postsecondary educational institutions; and
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(2) approved by the commissioner to be an event eligible for wagering under this act.
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(b) Sports betting includes but is not limited to single-game bets; futures bets; teaser
bets; parlay bets; over-under bets; money line bets; in-game betting; proposition bets; straight
bets; exchange wagering; futures bets placed on end of the season standings, awards, or
statistics; and any other bets approved by the commissioner.
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(c) A contract for insurance on the life or health of a participant in a sporting event is
not sports betting regulated under this section to section 299L.80.
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(d) A private social bet as described in section 609.75, subdivision 3, clause (5), is not
sports betting regulated under this section to section 299L.80.
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(e) A sports-themed tipboard as described in section 349.12, subdivision 34, is not sports
betting regulated under this section to section 299L.80.
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"Sports betting supplier" means a person that, either
directly or indirectly, provides mobile sports betting operators with services, goods, software,
or any other product or information necessary to conduct sports betting or determine the
outcome of wagers, including a person who provides data feeds and odds services, risk
management providers, and integrity monitoring providers. Sports betting supplier does not
include a sports governing body that provides raw statistical match data.
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"Sports governing body" means an organization that
prescribes and enforces final rules and codes of conduct for a sporting event and participants
engaged in the sport. For a sporting event sanctioned by a higher education institution,
"sports governing body" means the athletic conference to which the institution belongs. For
an esport, "sports governing body" means the video game publisher of the title used in the
esports competition.
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"Wager" means a transaction between an individual and a licensed
mobile sports betting operator in which an individual pays, deposits, or risks cash or a cash
equivalent during sports betting on an uncertain outcome of a sporting event.
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A person 21 years of age or older may
participate in mobile sports betting within the state provided the person places all wagers
with an entity licensed under sections 299L.10 to 299L.80 and is not disqualified, prohibited,
or excluded from placing a wager on a sporting event.
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It is unlawful to wager on a sporting event, or engage
in sports betting except in compliance with the terms, conditions, limitations, and restrictions
of sections 299L.10 to 299L.80 or the rules adopted under those sections, other than class
III sports betting conducted by an Indian Tribe pursuant to a Tribal-state compact.
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Sections 299L.10 to 299L.80,
except for any provisions authorizing the negotiations of Tribal-state compacts, do not apply
to sports betting conducted exclusively on Indian lands by an Indian Tribe conducted pursuant
to a Tribal gaming ordinance approved by the National Indian Gaming Commission and a
Tribal-state compact.
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The commissioner has the power and duty to
regulate mobile sports betting authorized under sections 299L.10 to 299L.80. In making
rules, establishing policy, and regulating mobile sports betting, the commissioner shall:
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(1) ensure that mobile sports betting is conducted in a fair and lawful manner;
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(2) promote public safety and welfare; and
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(3) ensure that mobile sports betting is conducted in a manner that is transparent to
authorized participants.
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(a) The commissioner may adopt and enforce rules that are
consistent with sections 299L.10 to 299L.80 and address the following subjects:
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(1) the manner in which wagers are accepted and payouts are remitted, except the
commissioner shall not promulgate a regulation setting a minimum hold requirement;
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(2) the manner in which betting lines are communicated to the public;
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(3) the method of accounting to be used by mobile sports betting operators;
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(4) the types of records that shall be kept by mobile sports betting operators, mobile
sports betting platform providers, and sports betting suppliers;
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(5) the testing and auditing requirements for licensees, including requirements related
to mobile sports betting accounts;
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(6) the creation, funding, and use of mobile sports betting accounts, debit cards, and
checks by authorized participants provided that the rules permit an authorized participant
to fund a mobile sports betting account through a bonus or promotion, electronic bank
transfer, an online or mobile payment system that supports online money transfers, a
reloadable or prepaid card, and any other appropriate means approved by the commissioner
other than the use of credit cards;
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(7) the appropriate standards and practices to prevent and address compulsive and
problem gambling;
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(8) the appropriate standards and practices to prevent and address sports betting by
individuals who are not authorized participants or who are otherwise disqualified, prohibited,
or excluded from placing a wager on a sporting event;
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(9) the sporting events on which wagers are authorized to be placed;
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(10) the requirements for obtaining and retaining mobile sports betting operator licenses,
mobile sports betting platform provider licenses, and sports wagering supplier licenses,
including requirements for criminal and financial background checks, financial disclosure
and auditing requirements, data practices and security requirements, bonding or other surety
requirements, and the conduct of inspections;
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(11) the requirements for mobile sports betting platform provider licensees to provide
equipment and supplies used in sports betting;
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(12) the requirements for sports wagering supplier licensees to provide services, goods,
software, or any other product or information necessary to conduct sports betting or determine
the outcome of wagers;
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(13) the requirements for employees of mobile sports betting operators whose exclusive
or primary responsibilities involve mobile sports betting, including minimum age
requirements, criminal background checks, and retention of documents related to the
employees;
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(14) the appropriate limits, requirements, standards, and regulations, if any, related to
marketing and advertising, developed in consultation with the state affiliate recognized by
the National Council on Problem Gambling, including rules to address the time, place, and
manner of marketing and advertising, the types of wagers that may be marketed or advertised,
and the types of mobile sports betting accounts that may be marketed or advertised;
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(15) the limits and requirements related to advertising, including:
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(i) rules that prohibit depicting an individual under age 21 engaging in sports betting;
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(ii) rules that prohibit advertisement in any print publication or on radio, television, or
any other medium if the targeted audience of that medium is reasonably expected to be
individuals who are under age 21; and
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(iii) rules that establish what warnings and other information an advertisement must
contain;
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(16) the requirements for monitoring patterns of wagering to identify behaviors consistent
with problem gambling and the appropriate actions to take when problem gambling is
suspected, including pausing or suspending activities from an identified mobile sports betting
account; and
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(17) the appropriate limits, standards, and requirements necessary to prevent excessive
wagering by an individual whose ability to control impulsive wagering is impaired in any
way.
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(b) Rules for which notice is published in the State Register before January 1, 2026,
may be adopted using the expedited rulemaking process in section 14.389.
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(c) The commissioner shall regularly review and update rules designed to prevent and
address compulsive and problem gambling to incorporate advances in the understanding of
compulsive and problem gambling and updated best practices in the area.
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The commissioner may delegate any of its authority under this
chapter to the director if, in the judgment of the commissioner, doing so would promote the
efficient administration of this chapter.
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(a) A sports governing body may
request that the commissioner prohibit or restrict wagers on a particular sporting event, or
prohibit or restrict particular types of wagers if the sports governing body believes that such
type, form, or category of sports betting may undermine the integrity or perceived integrity
of the sports governing body or sporting event.
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(b) Requests from a sports governing body shall be made in the form and manner
established by the commissioner.
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(c) Upon receipt of a request made under this subdivision, the commissioner shall send
written notice to every mobile sports betting operator, provide mobile sports betting operators
with an opportunity to respond to the request, and consider any timely response submitted
by a mobile sports betting operator. The commissioner may not take action without providing
mobile sports betting operators with an opportunity to respond, but may establish reasonable
deadlines for the response based on the nature of the request and any exigent circumstances
that exist.
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(d) If the commissioner determines that the sports governing body has shown good cause
to support the requested prohibition or restriction, the commissioner shall adopt the
prohibition or restriction and send notice of the prohibition or restriction to every mobile
sports betting operator. If the commissioner determines that the sports governing body has
not shown good cause to support the requested prohibition or restriction, the commissioner
shall provide the sports governing body with notice and an opportunity for a hearing to offer
further evidence in support of its request. The commissioner shall provide the mobile sports
betting operators with notice of the hearing and an opportunity to participate.
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(e) The commissioner 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 seven days after the request is made.
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(f) If the commissioner determines that the requestor is more likely than not to prevail
in successfully demonstrating good cause for its request, the commissioner may provisionally
grant the request of the sports governing body until the commissioner makes a final
determination as to whether the requestor has demonstrated good cause. Absent such a
provisional grant, mobile sports betting operators may continue to offer sports betting on
covered sporting events that are the subject of the request during the pendency of the
commissioner's consideration of the applicable request.
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The commissioner must provide a helpline, accessible by telephone
or online live chat, that operates 24 hours per day and seven days per week, staffed by people
trained in the psychology of gambling disorders and suicide prevention to assist those who
contact the helpline to help the person with a gambling disorder.
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The
commissioner must monitor the sports betting industry for the most effective methods to
identify people with a gambling disorder. The commissioner must adopt rules to implement
best practices to prevent sports betting by people flagged as having a gambling disorder or
being at risk of developing a gambling disorder.
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The commissioner must periodically conduct audits as to
the compliance of platform providers and operators with any preclusions on sports betting
in section 299L.45.
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No person shall offer mobile sports betting
in this state before the start date. All applicants for a mobile sports betting operator or mobile
sports betting platform provider license that have submitted an application within 30 days
of the date on which the commissioner begins to accept mobile sports betting operator or
mobile sports betting platform provider license applications shall be given an equal
opportunity to first commence offering, conducting, and operating mobile sports betting in
this state on the same day.
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(a) The commissioner shall issue the following licenses for mobile sports betting:
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(1) up to 11 mobile sports betting operator licenses;
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(2) up to 11 mobile sports betting platform provider licenses; and
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(3) sports betting supplier licenses.
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(b) Licenses issued under sections 299L.10 to 299L.80 may not be transferred.
Notwithstanding the foregoing, platform provider licenses may be transferred with the
commissioner's approval.
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(a) A licensee or applicant must meet each of
the following requirements, if applicable, to hold or receive a license issued under sections
299L.10 to 299L.80:
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(1) have completed an application for licensure or application for renewal;
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(2) have paid the applicable application and licensing fees;
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(3) not be employed by any state agency with regulatory authority over mobile sports
betting;
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(4) not owe $500 or more in delinquent taxes, as defined in section 270C.72;
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(5) not have had a sales and use tax permit revoked by the commissioner of revenue
within the past two years; and
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(6) not have, after demand, failed to file tax returns required by the commissioner of
revenue.
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(b) The requirements under paragraph (a) apply to the applicant or licensee, or a director,
officer, partner, member of the governing body for the applicant or licensee, whose exclusive
or primary responsibility is to conduct mobile sports betting operations in this state.
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(c) The requirements under paragraph (a) do not apply to an elected or appointed
representative of any applicant or licensee that is an Indian Tribe unless the representative
is also a full-time employee of the applicant's or licensee's mobile sports betting operations.
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(a) No person may hold or receive a
license issued under sections 299L.10 to 299L.80 if the person has been convicted of, or
received a stay of adjudication for, a violation of a state or federal law that:
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(1) is a felony, other than any act that would be a violation of section 152.025 under
Minnesota law;
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(2) is a crime involving gambling; or
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(3) is a crime involving theft or fraud that would be a gross misdemeanor or felony under
Minnesota law.
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(b) The requirements under paragraph (a) apply to the applicant or licensee, or a director,
officer, partner, member of the governing body for the applicant or licensee, person in a
supervisory or management position of the applicant or licensee, or any direct or indirect
holder of more than ten percent financial interest in the applicant or licensee.
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(c) The requirements under paragraph (a) do not apply to an elected or appointed
representative of any applicant or licensee that is an Indian Tribe unless the representative
is also a full-time employee of the applicant's or licensee's mobile sports betting operations.
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The commissioner must perform a background
investigation on applicants for a license or license renewal and on each director, officer,
partner, member of the governing body for the applicant or licensee, person in a supervisory
or management position of the applicant or licensee, or any direct or indirect holder of more
than ten percent financial interest in the applicant or licensee. The commissioner may request
the director and the commissioner of revenue to assist in investigating the background of
an applicant or a licensee under this section. The commissioner may charge an applicant
an investigation fee to cover the cost of the investigation and shall from this fee reimburse
the Division of Alcohol and Gambling Enforcement and the Department of Revenue for
their respective shares of the cost of the investigation. The commissioner is authorized to
have access to all data compiled by the Division of Alcohol and Gambling Enforcement on
licensees and applicants.
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The commissioner must perform a criminal
history record check on each officer, director, or stakeholder with more than ten percent
interest in the licensee or applicant. The records check must include a criminal history check
of the state and federal criminal records. The applicant or licensee must provide signed
consent for the national criminal history records check and fingerprints for each person
subject to a check under this subdivision, except that an individual who has submitted to a
national criminal history records check in this or any other state within the previous 12
months shall not be required to submit to another national criminal history records check
provided that the person submits the results of such previous national criminal history
records check. The director shall assist in performing the criminal history records check.
The director may charge an applicant a fee to cover the cost of the criminal history record
check, and shall from this fee reimburse the Division of Alcohol and Gambling Enforcement
for its share of the cost of the investigation. The commissioner or the director must submit
the signed informed consent, fingerprints, and Bureau of Criminal Apprehension and Federal
Bureau of Investigation fees to the superintendent of the Bureau of Criminal Apprehension
who is authorized to exchange the fingerprints with the Federal Bureau of Investigation to
obtain the applicant's national criminal history data. The superintendent of the Bureau of
Criminal Apprehension shall retrieve Minnesota criminal history data and shall provide the
results of the state and federal criminal history record check to the director. The commissioner
is authorized to have access to all criminal history data compiled on licensees and applicants
by the Division of Alcohol and Gambling Enforcement, including criminal history data on
each officer, director, or stakeholder with more than ten percent interest in the licensee or
applicant.
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The provisions of this section only apply
to mobile sports betting operations and do not apply to other activities relating to Tribal
gaming operations, Tribal government records, or class III sports betting operations conducted
exclusively on Indian lands.
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The requirements under this section do not apply to an elected
or appointed representative of any applicant or licensee that is an Indian Tribe unless the
representative is also a full-time employee of the applicant's or licensee's mobile sports
betting operations.
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An application for a license under sections
299L.10 to 299L.80 must be submitted on a form prescribed by the commissioner. At a
minimum, the application must include:
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(1) the name and address of the applicant and, if it is a corporation, the names of all
officers, directors, and shareholders with more than ten percent interest in the corporation
and any of its holding companies;
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(2) the type of license being sought;
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(3) if required by the commissioner, the names of any person holding directly, indirectly,
or beneficially an interest of any kind in the applicant or any of its holding corporations,
whether the interest is financial, administrative, policy making, or supervisory. This provision
does not extend to individual Tribal members whose only relation to the applicant is their
membership in their respective Tribal Nations, or to an elected or appointed representative
of any applicant or licensee that is an Indian Tribe unless the representative is also a full-time
employee of the applicant's or licensee's mobile sports betting operations;
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(4) an affidavit executed by the applicant setting forth that, to the best of the applicant's
knowledge, no officer, director, or other person with a present direct or indirect financial
or management interest in the applicant:
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(i) is in default in the payment of an obligation or debt to the state;
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(ii) has ever been convicted of a crime listed in section 299L.25, subdivision 2, paragraph
(a), or has a state or federal charge for one of those crimes pending;
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(iii) is or has been convicted of engaging in an illegal business;
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(iv) has ever been found guilty of fraud or misrepresentation in connection with wagering;
or
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(v) has ever knowingly violated a rule or order of the commissioner or a law of Minnesota
relating to wagering;
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(5) an irrevocable consent statement, signed by the applicant, which states that suits and
actions limited to the enforcement of this chapter may be commenced against the applicant
by the commissioner in any court of competent jurisdiction in this state by the service on
the secretary of state of any summons, process, or pleadings authorized by the laws of this
state. If any summons, process, or pleadings is served upon the secretary of state, it must
be by duplicate copies. One copy must be retained in the Office of the Secretary of State
and the other copy must be forwarded immediately by certified mail to the address of the
applicant, as shown by the records of the commissioner;
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(6) a declaration that the laws of the state of Minnesota will be followed, including any
applicable provisions of the Minnesota Human Rights Act, chapter 363A; and
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(7) any additional information required for the specific license the applicant is seeking.
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(a) Applicants must submit all required information to
the commissioner on the forms and in the manner prescribed by the commissioner.
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(b) If the commissioner receives an application that fails to provide the required
information, the commissioner shall issue a deficiency notice to the applicant. The applicant
shall have ten business days from the date of the deficiency notice to submit the required
information.
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(c) Failure by an applicant to submit all required information will result in the application
being rejected.
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(d) Within 90 days of receiving a completed application, the commissioner shall issue
the appropriate license or send the applicant a notice of rejection setting forth specific
reasons why the commissioner did not approve the application.
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(e) An applicant whose application is not approved may reapply at any time, but must
submit a new application and pay an additional application fee.
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(a) During the pendency of an application and at any time after a license has been issued,
an applicant or licensee shall notify the commissioner of any changes to the information
provided under section 299L.25 or 299L.26.
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(b) If a change in the officers, directors, shareholders, or other persons with a present
or future direct or indirect financial or management interest in a licensee, or a change of
ownership of more than ten percent of the shares of the licensee is made after the application
for a license is filed or a license is issued, the applicant or licensee must notify the
commissioner of the changes within ten business days of their occurrence and submit a new
affidavit as required by section 299L.26, subdivision 1, clause 4.
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(a) The commissioner may issue up to 11 mobile sports betting
operator licenses that are valid for 20 years. A mobile sports betting operator license may
be renewed under conditions required by rule adopted pursuant to section 299L.15.
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(b) The commissioner shall only issue a mobile sports betting operator license to an
Indian Tribe that lawfully conducts class III gaming in a casino located in this state under
a facility license issued in accordance with a Tribal gaming ordinance approved by the chair
of the National Indian Gaming Commission.
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(c) Each Indian Tribe described in paragraph (b) is not eligible for more than one mobile
sports betting operator license.
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A mobile sports betting operator license entitles the licensee
to:
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(1) operate, coordinate, conduct, or offer for play mobile sports betting in Minnesota;
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(2) contract with one licensed mobile sports betting platform provider to facilitate the
acceptance of wagers on behalf of the mobile sports betting operator;
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(3) contract with licensed sports betting suppliers; and
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(4) perform any other actions approved by the commissioner to ensure that mobile sports
betting is conducted in a fair, lawful, and transparent manner.
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A mobile sports betting operator must:
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(1) be an entity wholly owned and controlled by an Indian Tribe;
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(2) submit a completed application and all required documents or other materials pursuant
to sections 299L.25 and 299L.26 and any relevant rules;
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(3) submit a detailed plan and specifications for the implementation of mobile sports
betting;
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(4) include commercially reasonable and practicable mechanisms on its mobile sports
betting platform that are designed to detect and prevent the unauthorized use of Internet
sports betting accounts and to detect and prevent fraud, money laundering, and collusion,
or require a contracted mobile sports betting platform provider to include those commercially
reasonable and practicable mechanisms;
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(5) submit a statement of the assets and liabilities of the license holder to the
commissioner;
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(6) not be disqualified under section 299L.25 or any relevant rules;
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(7) pay an annual licensing fee in the amount of $2,125; and
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(8) meet any other conditions required by rule adopted pursuant to section 299L.15.
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A mobile sports betting operator must report to the commissioner
monthly on wagers placed and redeemed during the reporting month and outstanding at the
time of the report.
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The provisions of this section only apply
to mobile sports betting operations in this state and do not apply to other activities relating
to Tribal gaming operations, Tribal government records, or class III sports betting operations
conducted exclusively on Indian lands.
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The commissioner may issue up to 11 mobile sports betting
platform provider licenses that are valid for three years. A mobile sports betting platform
provider may be renewed under conditions required by rule adopted pursuant to section
299L.15.
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A mobile sports betting platform provider license entitles
the licensee to provide a sports betting platform, sports betting technology, sports betting
applications, or associated mobile sports betting hardware, software, or equipment to a
mobile sports betting operator.
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A mobile sports betting platform provider must:
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(1) submit a completed application and all required documents or other materials pursuant
to sections 299L.25 and 299L.26 and any relevant rules;
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(2) not be disqualified under section 299L.25 or any relevant rules;
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(3) pay an application fee of $6,000 with submission of an application;
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(4) pay a licensing fee after the application is approved in the amount of $38,250 or a
license renewal fee of $25,500; and
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(5) meet any other conditions required by rule adopted pursuant to section 299L.15.
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The commissioner may issue sports betting supplier licenses
that are valid for three years. A sports betting supplier license may be renewed under
conditions required by rule adopted pursuant to section 299L.15.
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A sports betting supplier license entitles the licensee to
directly provide mobile sports betting operators with information and support necessary to
offer mobile sports betting. Information and support may be provided in the form of services,
goods, or software, and may include data feeds and odds services, risk management, and
integrity monitoring.
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(a) A mobile sports betting supplier must:
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(1) submit a completed application and all required documents for the applicant's principal
owners who directly own ten percent or more of the applicant and the applicant's officers;
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(2) pay an application fee of $6,000 with submission of an application;
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(3) pay a licensing fee after the application is approved in the amount of $38,250 or a
license renewal fee of $25,500; and
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(4) meet any other conditions required by rule adopted pursuant to section 299L.15.
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(b) Provided an application has been completed to the satisfaction of the commissioner,
disclosure of the following public information may be waived:
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(1) statutorily authorized pension investment boards that are direct or indirect shareholders
of an applicant; and
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(2) investment funds or entities registered with the Securities and Exchange Commission,
including any investment advisors or entities under the management of an entity registered
with the Securities and Exchange Commission, that are direct or indirect shareholders of
the applicant.
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(a) A mobile sports betting
operator may, but is not required to, contract with a mobile sports betting platform provider
to provide, create, or operate sports betting platforms, sports betting technology, sports
betting applications, or associated mobile sports betting hardware, software, or equipment.
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(b) If a mobile sports betting operator chooses to contract with a mobile sports betting
platform provider for these services, the mobile sports betting operator shall contract with
no more than one mobile sports betting platform provider.
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(c) If a mobile sports betting operator chooses not to contract with a mobile sports betting
platform provider for these services, then the mobile sports betting operator must comply
with the reporting and regulatory requirements held by mobile sports betting platform
provider license holders.
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A mobile sports betting platform provider that has
contracted with a mobile sports betting operator must clearly display a brand of the mobile
sports betting operator within its mobile application in addition to any other brand that the
mobile sports betting platform provider uses to conduct, offer, or play mobile sports betting
in Minnesota.
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Application, license, and renewal fees shall be deposited in the sports betting revenue
account in the special revenue fund established under section 297J.02, subdivision 8,
paragraph (a).
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No licensee or
other person shall publish or cause to be published an advertisement for mobile sports betting
that:
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(1) depicts a person under age 21 engaging in sports betting or mobile sports betting;
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(2) includes an image that is designed to be appealing to individuals under age 21 or
encourage sports betting by individuals under age 21; or
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(3) is in any print publication or on radio, television, or any other medium if 30 percent
or more of the audience of that medium is reasonably expected to be individuals who are
under age 21, as determined by reliable, current audience composition data.
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No
licensee or other person shall publish or cause to be published an advertisement for mobile
sports betting that targets individuals who are disqualified, prohibited, or excluded from
placing a wager on a sporting event for any reason, including being identified on the exclusion
list identified in section 299L.45, subdivision 1.
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(a) All advertisements for mobile sports betting must
display "1-800-GAMBLER" or other national toll-free numbers approved by the
commissioner for information and referral services for compulsive and problem gambling
and must provide a warning, as specified by the commissioner, that gambling may be
addictive and may cause financial hardship.
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(b) Any advertisement for mobile sports betting referencing a promotion shall:
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(1) disclose applicable terms if the authorized participant must risk or lose the authorized
participant's own funds as part of the promotion or if such promotion has conditions that
an authorized participant's own funds must be used to qualify for such promotion;
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(2) not be described as "risk-free" if the authorized participant needs to incur any loss
or risk the authorized participant's own money to use or withdraw winnings from the risk-free
bet; and
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(3) not restrict the authorized participant from withdrawing the authorized participant's
own funds or withdraw winnings from bets placed using the authorized participant's own
funds.
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(c) Partnerships between mobile sports betting operators or mobile sports betting platform
providers and colleges or universities shall not include any component that advertises,
markets, or promotes sports betting activity unless such partnerships are exclusively with
alumni networks or are content that is exclusively focused on responsible gambling education
or problem gambling awareness.
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(d) Mobile sports betting operators or mobile sports betting platform providers shall not
enter name, image, and likeness endorsements or partnerships with amateur athletes in the
state.
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(e) No advertising, marketing, or other promotional materials published, aired, displayed,
disseminated, or distributed by or on behalf of a mobile sports betting operator or mobile
sports betting platform provider for sports betting shall be published, aired, displayed,
disseminated, or distributed:
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(1) on any college or university campus property, unless that advertising is generally
available and primarily directed at an audience outside of college and campus; or
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(2) in college- or university-owned news assets.
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(f) Nothing in this act shall apply to any advertisements for commercial retail products
or services other than mobile sports betting.
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No licensee or other person shall
publish or cause to be published an advertisement for mobile sports betting that contains
false or misleading claims or which contains statements, words, or pictures of an obscene,
indecent, or immoral character, or such as would offend public morals or decency.
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An individual who is 21 years of age or older may place
wagers pursuant to sections 299L.10 to 299L.80 provided the individual is not otherwise
disqualified, prohibited, or excluded from doing so.
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A mobile sports betting operator, or a mobile sports betting
platform provider on behalf of a mobile sports betting operator, may only accept wagers of
a type previously approved by the commissioner. Wager types that the commissioner may
approve include but are not limited to the following:
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(1) a wager that a participant or participating team will win a sporting event or will win
by a specified number of points;
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(2) a wager as to whether the total points scored in a sporting event will be higher or
lower than a number specified;
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(3) a wager on an outcome contingency or proposition incidental to a sporting event,
series, tournament, or season for which the outcome is published in newspapers of general
circulation or in records made publicly available by the league or governing body for the
event;
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(4) a wager on the outcome of a series of two or more sporting events or a series of two
or more contingencies incidental to a sporting event;
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(5) future bets placed on end of the season standings, awards, or statistics; and
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(6) a wager that a participant or participating team will win an esports event or will win
by a specified number of points.
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Mobile sports betting operators, or a mobile sports
betting platform provider on behalf of a mobile sports betting operator, shall not offer or
accept wagers on the occurrence or outcomes of the following situations that may occur
during or after a sporting event:
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(1) player injuries;
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(2) penalties;
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(3) the outcome of player disciplinary rulings;
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(4) replay reviews; or
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(5) in-game betting.
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(a) An individual may establish
a mobile sports betting account by electronic means from any location, and may fund an
account by any means approved by the commissioner.
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(b) A mobile sports betting account must provide a mechanism for an individual to set
limits on the amount of time they spend on the mobile sports betting platform, set limits on
the amount of money they spend on the platform, and self-exclude from using the mobile
sports betting platform. A mobile sports betting account provider must allow a person to
set the following limits for the person's mobile sports betting account:
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(1) a limit on the amount that can be deposited within a specified period;
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(2) a limit on losses within a specified period; and
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(3) a limit on the time spent placing bets.
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The mobile sports betting account must not allow the account to be used to place bets when
the person has met a limit the person has set. The mobile sports betting account provider
must provide notice to the person of the opportunity to set these limits at the time the person
sets up the account and annually after setup and must require a person to either set limits
or affirm that the person does not want to set any limits at account setup and annually after
setup. The notice must be worded and formatted as specified by the commissioner.
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(c) Information provided by an individual who establishes a mobile sports betting account
may be accessed, stored, and used by a mobile sports betting operator.
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(a) A mobile sports betting
operator or mobile sports betting platform provider must not accept a wager unless the
authorized participant provides consideration in the form of funds or other thing of value
such as use of free bets or promotional credits from their mobile sports betting account at
the time of making the wager.
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(b) Consideration must be in the form of withdrawal from a mobile sports betting account
maintained by the mobile sports betting operator or mobile sports betting platform provider
for the benefit of and in the name of the wagerer.
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(c) A mobile sports betting operator, or a mobile sports betting platform provider on
behalf of a mobile sports betting operator, shall verify an individual's age and identity before
allowing that individual to establish a mobile sports betting account. Mobile sports betting
operators and mobile sports betting platform providers may utilize an approved identity
verification service provider to confirm an individual's age and identity.
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(d) A person shall have the right to withdraw the balance of funds in the mobile sports
betting account in the person's name at any time with proof of identity, as determined by
rules adopted pursuant to section 299L.15.
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Mobile sports betting wagers regulated under sections 299L.10
to 299L.80 may only be accepted from a person placing a wager online, through a website
or mobile application, while the person placing the wager is physically within the state. The
website or application may be hosted by a mobile sports betting operator operating in
conjunction with a mobile sports betting platform provider. The incidental routing of a
mobile sports wager shall not determine the location or locations in which the wager is
initiated, received, or otherwise made.
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A mobile sports betting operator
or mobile sports betting platform provider must disclose the betting line and terms of a
wager prior to accepting a wager. Terms of the wager include the ratio of the amount to be
paid for winning to the wagered amount.
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A mobile sports betting operator or mobile sports betting
platform provider must not accept a wager on the outcome of an event or proposition that
has already been determined.
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A mobile sports betting operator or mobile sports betting platform
provider must provide a person who places a wager with an electronic receipt at the time
of sale that contains the following information:
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(1) the sporting event or proposition that is the subject of the wager;
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(2) the outcome that will constitute a win on the wager;
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(3) the amount wagered; and
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(4) the payout in the event of a winning wager.
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(a) Information regarding wagers made
by an authorized participant who engages in mobile sports betting, including but not limited
to wager type and consideration paid, may be accessed, stored, or used for ordinary business
purposes by the mobile sports betting operator.
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(b) Mobile sports betting operators and mobile sports betting platform providers must
use commercially reasonable methods to maintain the security of wager data, authorized
participant data, and other confidential information from unauthorized access and
dissemination, however, that nothing in this act shall preclude the use of Internet or
cloud-based hosting of such data and information or disclosure as required by court order,
other law, or this act.
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Mobile sports betting operators and mobile sports betting platform providers are
prohibited from sending a message from a mobile sports betting application or website that
appears on a user's device while the application or website is inactive unless the user opts-in
to receiving such messages or the message is sent to notify the user of potentially fraudulent
activity associated with the user's mobile sports betting account.
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(a) The commissioner shall maintain a list of persons who
are not eligible to wager on sporting events through a mobile sports betting operator. The
list shall include the names of:
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(1) persons who have themselves requested to be on the exclusion list;
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(2) persons whose names have been submitted, for their protection, by their legal
guardians;
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(3) persons whose names have been submitted by mobile sports betting operators, mobile
sports betting platform providers, or mobile sports betting suppliers for good cause; and
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(4) persons whose names have been submitted by sports governing bodies.
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(b) A person who has requested to be on the exclusion list may specify a time limit of
one or five years or for the person's lifetime for the person's name to be on the list. The
commissioner will remove the person's name from the list at the conclusion of the specified
time. A person whose name was added to the exclusion list under paragraph (a) due to a
concern regarding the person's compulsive gambling may be removed from the list before
the specified time by providing proof of completion of a program approved by the
commission to address compulsive gambling.
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(c) The information contained on the list is private data on individuals, as defined in
section 13.02, subdivision 12, except the commissioner shall transmit the list with mobile
sports betting operators and mobile sports betting platform providers to prevent persons on
the exclusion list from placing sports betting wagers.
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(d) A mobile platform provider must provide a user the opportunity to request to be on
the exclusion list for a specified time of one or five years or for the person's lifetime. The
platform provider must report the request to the commissioner and the commissioner must
immediately add the person's name and exclusion request to the list maintained under this
section.
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(e) The commissioner must provide through the agency's website a form for a person to
make a request to be included on the exclusion list for a specified time of one or five years
or for the person's lifetime.
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The following individuals who are
otherwise authorized to place wagers are prohibited from placing the wagers described:
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(1) an individual who is prohibited from placing wagers by a mobile sports betting
operator or mobile sports betting platform provider for good cause, including, but not limited
to, any individual placing a wager as an agent or proxy on behalf of another may not place
a wager of any kind;
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(2) an individual who is an athlete, coach, referee, player, trainer, or team employee is
prohibited from wagering on a sporting event overseen by that person's sports governing
body;
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(3) an individual who holds a position of authority sufficient to exert influence over the
participants in a sporting event, including, but not limited to, a coach, manager, or owner
is prohibited from wagering on that sporting event;
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(4) an individual who has access to certain types of exclusive or nonpublic information
regarding a sporting event is prohibited from wagering on that sporting event and any other
sporting event overseen by the sports governing body of that sporting event; and
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(5) for purposes of this subdivision, "owner" of a team shall mean an individual who
owns more than five percent of the team.
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(a) A mobile sports betting operator or mobile
sports betting platform provider must allow individuals to establish the following types of
limits on their own wagering activity:
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(1) a limit on the amount the person can lose in a 24-hour period before triggering a
cooling-off period;
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(2) a limit on the amount a person can lose in a 30-day period before triggering a
cooling-off period;
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(3) the maximum amount a person may deposit into the person's mobile sports betting
account in a 24-hour period;
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(4) the maximum amount of time a person can be logged into their mobile sports betting
program in a 24-hour period; and
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(5) a cooling-off period during which time the person is not able to place wagers.
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(b) A mobile sports betting operator or mobile sports betting platform provider must set
the limits in paragraph (a) to the following default limits for a new account, subject to any
limits established by law:
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(1) $500 is the default amount of losses a person can incur in a 24-hour period before
the person is prohibited from wagering;
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(2) $3,000 is the default limit on the amount a person can lose in a 30-day period before
the person is prohibited from wagering;
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(3) $500 is the default maximum amount a person may deposit into the person's mobile
sports betting account in a 24-hour period;
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(4) four hours per 24-hour period is the default limit on the time that a person may be
continuously logged into a mobile sports betting application; and
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(5) 72 hours is the default length of a cooling-off period if a person requests a cooling-off
period during which time wagers from the person cannot be accepted.
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(c) A mobile sports betting operator or mobile sports betting platform provider must not
accept a wager from a person in a cooling-off period or in an exclusion period set by a
person in paragraph (a) or, if the person does not set exclusion periods under paragraph (a),
during the default exclusion periods established in paragraph (b).
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(d) A mobile sports betting operator must allow a person to make changes to their
exclusion settings under paragraph (a) in ways that make them more restrictive at any time
and those limits must take effect immediately. Changes that make the exclusion settings
under paragraph (a) less restrictive become effective 7 days after the person makes the
change.
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(e) A mobile sports betting operator must require a person to review the limits in
paragraph (a) annually.
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(f) A mobile sports betting operator must report to the commissioner when a person
becomes excluded due to hitting a limit set under paragraph (a) or (b). The commissioner
must communicate to other licensed mobile sports betting operators or platform providers
as necessary to make the exclusion effective across all opportunities for participating in
sports betting in Minnesota.
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(a) A mobile sports betting operator or
mobile sports betting platform provider shall not knowingly accept a wager from a person
on the exclusion list or allow a person on the exclusion list to establish a mobile sports
betting account.
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(b) A mobile sports betting operator or a mobile sports betting platform provider shall
not knowingly accept a wager prohibited under subdivision 2 from any individual who can
reasonably be identified by publicly available information or by any lists provided to the
commissioner.
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(c) Knowingly accepting a wager from a person on the exclusion list is a license violation,
subject to a penalty established by the commissioner.
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The commissioner shall notify a person whose name has been added
to the exclusion list under subdivision 1, paragraph (a), clause (2), (3), or (4).
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A wager on a sporting
event placed with a mobile sports betting operator or mobile sports betting platform provider
is an enforceable contract. A mobile sports betting operator or mobile sports betting platform
provider who accepts a wager bears all risk of loss to satisfy winnings on the wager. A
wager that is not redeemed within one year of the outcome that is the subject of the wager
may be canceled by the mobile sports betting operator or the mobile sports betting platform
provider.
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(a) A mobile sports betting operator shall, in conjunction
with the mobile sports betting platform provider, maintain reserves in an amount that is not
less than the greater of $25,000 or the sum of the following three amounts:
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(1) amounts held by the mobile sports betting operator for the mobile sports betting
accounts of authorized participants;
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(2) amounts accepted by the mobile sports betting operator as wagers on contingencies
whose outcome have not been determined; and
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(3) amounts owed but unpaid by the mobile sports betting operator on winning wagers
through the period established by the operator, subject to time limits set by the commissioner,
for honoring winning wagers.
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(b) Such reserves shall be held in the form of cash or cash equivalents segregated from
operational funds, payment processor reserves and receivables, any bond, an irrevocable
letter of credit, or any combination thereof.
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(c) In lieu of holding cash reserves outlined in subdivision 2, paragraphs (a) and (b), a
mobile sports betting operator or mobile sports betting platform provider may post a bond,
securities, or an irrevocable letter of credit in an amount the commissioner deems necessary
after taking into consideration the amount of the mobile sports betting operator's cash
reserves, to protect the financial interests of people wagering on sporting events. If securities
are deposited or an irrevocable letter of credit filed, the securities or letter of credit must be
of a type or in the form provided under section 349A.07, subdivision 5, paragraphs (b) and
(c).
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(a) Each mobile sports betting operator or mobile sports betting platform provider must
contract with a licensed independent integrity monitoring provider in order to identify any
unusual betting activity or patterns that may indicate a need for further investigation. The
commissioner shall establish minimum standards requiring each mobile sports betting
operator or mobile sports betting platform provider to participate in the monitoring system
as part of that licensee's minimum internal control standards.
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(b) If any unusual betting activity is deemed by independent integrity monitoring provider
to have risen to the level of suspicious betting activity, then the independent integrity
monitoring provider shall immediately report the suspicious activity to the commissioner,
all mobile sports betting operator or mobile sports betting platform provider licensees that
contract with that integrity provider, and the sports governing body that governs the sporting
event on which the suspicious activity was deemed to have taken place.
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(c) The commissioner, mobile sports betting operators, and any sports governing body
that receives the information described in paragraph (b) from an independent integrity
monitoring provider must maintain the confidentiality of the information, and use the
information solely for purposes of investigating or preventing the conduct described in this
section unless disclosure is required by this act, the commissioner, other law, or court order,
or unless the sports governing body consents to disclosure. The information may not be
used for any commercial or other purpose.
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(d) Notwithstanding paragraph (c), a 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 deemed
by the sports governing body in its reasonable judgment to be necessary to maintain the
actual or perceived integrity of its sporting events. Prior to any such public disclosure that
would identify the mobile sports betting operator by name, the sports governing body will
provide the mobile sports betting operator with notice of such disclosure and an opportunity
to object to such disclosure.
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(a) Mobile sports betting operators or mobile sports
betting platform providers shall maintain records of all bets and wagers placed, including
personally identifiable information of an authorized participant, amount and type of wager,
time the wager was placed, location of the wager, including IP address if applicable, the
outcome of the wager, and records of abnormal betting activity for 3.5 years after the sporting
event occurs.
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(b) Mobile sports betting operators or mobile sports betting platform providers shall
make the data described in paragraph (a) available for inspection upon request of the
commissioner or as required by court order.
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Mobile sports betting operators or mobile sports
betting platform providers shall use commercially reasonable efforts to maintain in real
time and at the account level anonymized information regarding an authorized participant,
amount and type of wager, the time the wager was placed, the location of the wager, including
the IP address if applicable, the outcome of the wager, and records of abnormal betting
activity. Nothing in this section shall require a mobile sports betting operator and mobile
sports betting platform provider to provide any information that is prohibited by federal,
state, or local laws or regulations, including laws and regulations relating to privacy and
personally identifiable information.
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(a) If a sports governing body has notified the
commissioner that access to the information described in subdivision 2 for wagers placed
on sporting events of the sports governing body is necessary to monitor the integrity of such
body's sporting events, then mobile sports betting operators shall share, in a commercially
reasonable frequency, form, and manner, with the sports governing body or its designees
the information under subdivision 2 with respect to sports wagers on sporting events of such
sports governing body.
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(b) Sports governing bodies and their designees may only use information received under
this section for integrity-monitoring purposes and may not use information received under
this section for any commercial or other purpose.
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(c) Nothing in this section shall require a mobile sports betting operator and mobile
sports betting platform provider to provide any information that is prohibited by federal,
state, or local laws or regulations, including without limitation laws and regulations relating
to privacy and personally identifiable information.
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The commissioner, the commissioner of revenue, and the
director are authorized to inspect the accounting records of mobile sports betting operators
and mobile sports betting platform providers at any time provided the mobile sports betting
operators and mobile sports betting platform provider is given notice at least 24 hours before
the inspection. This provision only applies to mobile sports betting operations and does not
authorize the inspection of records related to Tribal gaming operations, Tribal governmental
records, or class III sports betting operations conducted exclusively on Indian Lands.
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To ensure compliance with this chapter and rules adopted under
this chapter, a mobile sports betting operator and mobile sports betting platform provider
must contract with an independent third party to perform a financial audit, consistent with
the standards established by the Public Company Accounting Oversight Board or using the
Statements on Accounting standards issued by the Audit Standards Board of the American
Institute of Certified Public Accountants. The mobile sports betting operator must submit
the audit to the commissioner for examination and inspection within 120 days of the end
of its fiscal year.
new text end
new text begin
The commissioner must adopt rules that provide
a graduated schedule of penalties for violations of license requirements under statute or
rule. The schedule must specify penalties that may range from warnings and probation
periods to civil fines, temporary suspension of licenses, or revocation of licenses.
new text end
new text begin
(a) The commissioner may issue administrative orders, impose
civil penalties, and suspend, revoke, or not renew a license issued pursuant to sections
299L.10 to 299L.80 if the commissioner determines that a licensee has committed or is
about to commit a violation of those sections or rules adopted pursuant to those sections,
or if the commissioner determines that the licensee is disqualified or ineligible to hold a
license pursuant to section 299L.25 or 299L.26. A conviction for a violation of section
299L.80 is not required for the commissioner to take action on a violation.
new text end
new text begin
(b) Enforcement actions, license suspensions, license revocations, or license nonrenewals
related to a specific mobile sports betting operator shall not impact or limit the ability of
another mobile sports betting operator to conduct, offer, or offer for play mobile sports
betting.
new text end
new text begin
(a) The commissioner may temporarily, without
hearing, suspend the license and operating privilege of any licensee for a period of up to 90
days if there is clear and convincing evidence that:
new text end
new text begin
(1) conduct of a licensee, or anticipated failure of a licensee to fulfill an obligation,
requires immediate action to protect the public from harm;
new text end
new text begin
(2) the licensee has not timely filed a tax return or paid the tax required under chapter
297J; or
new text end
new text begin
(3) the licensee has not timely paid all fees due under sections 299L.10 to 299L.80.
new text end
new text begin
(b) The commissioner shall notify the licensee of the violation that caused the temporary
suspension and may lift the temporary suspension if the licensee corrects the violation.
new text end
new text begin
(c) The commissioner may extend the period of suspension if the violation is not
corrected, the commissioner notifies the business that it intends to revoke or not renew a
license, and a contested case hearing has not taken place.
new text end
new text begin
(a) The commissioner may issue an administrative order to any
licensee who has committed a violation. The order may require the licensee to correct the
violation or to cease and desist from committing the violation and may impose civil penalties.
The order must state the deficiencies that constitute a violation, the time by which the
violation must be corrected, and the amount of any civil penalty.
new text end
new text begin
(b) If the licensee believes the information in the administrative order is in error, the
licensee may ask the commissioner to reconsider any parts of the order that are alleged to
be in error. The request must be in writing, delivered to the commissioner by certified mail
within seven days after receipt of the order, and provide documentation to support the
allegation of error. The commissioner must respond to a request for reconsideration within
15 days after receiving the request. A request for reconsideration does not stay the order
unless the commissioner issues a supplemental order granting additional time. The
commissioner's disposition of a request for reconsideration is final.
new text end
new text begin
(c) An administrative order that imposes a civil penalty of more than $2,000 shall be
treated as a contested case under chapter 14.
new text end
new text begin
(d) A licensee may request a hearing on the administrative order within 30 days of the
service of the order. The request must be in writing and delivered to the commissioner by
certified mail. If the licensee does not request a hearing within 30 days, the order becomes
final.
new text end
new text begin
(e) If the licensee requests a hearing, the hearing must be held not later than 30 days
after the commissioner receives the request unless the licensee and the commissioner agree
on a later date. After the hearing, the commissioner may enter an order making such
disposition as the facts require. If the licensee fails to appear at the hearing after having
been notified of it, the licensee is considered in default and the proceeding may be determined
against the licensee on consideration of the administrative order, the allegations of which
may be considered to be true. An action of the commissioner under this paragraph is subject
to judicial review pursuant to chapter 14.
new text end
new text begin
(f) Civil penalties collected by the commissioner shall be deposited in the general fund.
Civil penalties may be recovered in a civil action in the name of the state brought in the
district court.
new text end
new text begin
If the commissioner
intends to revoke or not renew a license, or impose a civil penalty in excess of $2,000, the
commissioner shall provide the licensee with a statement of the complaints made against
the licensee and shall initiate a contested case proceeding. The contested case shall be held
pursuant to chapter 14.
new text end
new text begin
In addition to penalties listed in this section, a person or licensee
who violates the provisions of sections 299L.10 to 299L.80 is subject to any applicable
criminal penalty.
new text end
new text begin
By June 1 of each year beginning in 2026, the
commissioner must submit a report to the chairs and ranking minority members of the
legislative committees with jurisdiction over public safety, the legislative committees with
jurisdiction over taxes, the committee in the house of representatives with jurisdiction over
commerce, the committee in the senate with jurisdiction over state government finance and
policy, the committee in the house of representatives with jurisdiction over ways and means,
and the committee in the senate with jurisdiction over finance. The report must describe the
activities of the commissioner with respect to wagering on sporting events and include
summary financial information on sports betting and the regulated sports betting industry
as a whole. The report must not include information or data on individuals or entities that
is classified as private data under section 299L.70 or separately list the earnings, wagers,
or tax revenue generated by or use identifying information for specific mobile sports betting
operators.
new text end
new text begin
By February 1 of each year beginning in 2025, the
commissioner shall submit a report to the chairs and ranking minority members of the
committees in the house of representatives and the senate with jurisdiction over public
safety, the committee in the house of representatives with jurisdiction over commerce, and
the committee in the senate with jurisdiction over state government finance and policy on
the following:
new text end
new text begin
(1) the status of applications for licenses issued by the commissioner, including the
number of applications for each type of license, the number of licenses of each type issued,
and the average time between receipt of a complete application and issuance of each type
of license;
new text end
new text begin
(2) an overview of the sports betting market, including but not limited to the actual and
anticipated demand;
new text end
new text begin
(3) the amount of revenue generated to the state by sports betting and the expenses
incurred by the commissioner in enforcing restrictions on lawful sports betting; and
new text end
new text begin
(4) the commissioner's enforcement actions taken against persons licensed under sections
299L.10 to 299L.80 for licensing violations, including violations of the rules adopted under
section 299L.15.
new text end
new text begin
The commissioner must commission a study on gambling
activity in Minnesota prior to the implementation of sports betting in Minnesota. The study
must determine the prevalence of gambling in the state and the incidence of problem
gambling, identifying the number of people who participate in various forms of gambling.
new text end
new text begin
Three years after the baseline study, and every three years
thereafter, the commissioner must commission an update for the study of the prevalence of
gambling and the incidence and level of problem gambling.
new text end
new text begin
The commissioner must commission a study on the impact of sports betting on the
prevalence of gambling disorders, suicide related to gambling disorders, and risks to youth
of developing gambling disorders, based on any research available on how sports betting
has impacted these problems in jurisdictions where sports betting is occurring.
new text end
new text begin
Data in which an individual who has wagered on sporting
events is identified by name, account number, Social Security number, or any other uniquely
identifying indicia, is private data on individuals, as defined in section 13.02, subdivision
12. Data on individual earnings of mobile sports betting operators, mobile sports betting
platform providers, mobile sports betting operator application and licensing information,
mobile sports betting platform provider application and licensing information, and all Tribal
revenue records unassociated with mobile sports betting operators is nonpublic data, as
defined in section 13.02, subdivision 9.
new text end
new text begin
The commissioner shall revoke any license
issued under sections 299L.10 to 299L.80 of a person who sells data on individuals that
would be classified as private under subdivision 1 collected through the practice of sports
betting, unless sharing of that data is otherwise allowed in this act.
new text end
new text begin
No political subdivision may require a local license to offer sports betting or impose a
tax or fee on the sports betting conducted pursuant to this chapter.
new text end
new text begin
The commissioner must review the laws of other states in which wagering on sports is
regulated to identify restrictions and safeguards on sports wagering that would be advisable
to ensure the integrity of sports betting and to provide effective safety measures to protect
people with a gambling disorder or who are at risk of developing a gambling disorder. The
commissioner must adopt rules to implement the restrictions and safeguards the commissioner
identifies from other states as advisable under this section. By January 15 of each year, the
commissioner shall report to the chairs and ranking minority members of the committees
in the house of representatives and the senate with jurisdiction over sports wagering on
advisable restrictions and safeguards, including draft legislation to implement the additional
restrictions or safeguards.
new text end
new text begin
The governor or the governor's designated representatives shall negotiate in good faith
new Tribal-state compacts regulating the conduct of class III sports betting on the Indian
lands of an Indian Tribe requesting negotiations, under Minnesota Statutes, section 3.9221.
Compacts in effect on January 1, 2023, shall not be modified to accommodate sports betting.
new text end
new text begin
(a) All first licenses issued by the commissioner of public safety under this article must
be effective on the same day for applicants who have met all license application requirements
by August 1, 2025.
new text end
new text begin
(b) The commissioner must provide notice of the anticipated effective date for licenses
at least 30 days before the anticipated date for the effective date of licenses. The notice must
be provided to the chairs and ranking minority members of the committees in the senate
and the house of representatives with jurisdiction over public safety and state government,
to the commissioner of revenue, and to licensees.
new text end
new text begin
The commissioner shall award a grant to a nonprofit,
gambling-neutral organization with experience raising public awareness about problem
gambling and providing professional training for those who work with problem gamblers
to study the gambling motivations and beliefs of young adult gamblers.
new text end
new text begin
(a) The grant recipient shall convene a focus group of 40
individuals who are at least 18 years of age but not more than 35 years of age and who have
experience gambling in Minnesota.
new text end
new text begin
(b) Membership of the focus group shall reflect the geographical and demographic
diversity of Minnesotans who are 18 to 35 years of age.
new text end
new text begin
(c) The focus group shall identify the reasons that young adults gamble and the ways in
which they engage in gambling, including whether they wager on sporting events; participate
in fantasy sports; purchase lottery tickets; visit casinos; engage in online gambling; participate
in card playing as defined in Minnesota Statutes, section 240.01, subdivision 5; engage in
pari-mutuel betting as defined in Minnesota Statutes, section 240.01, subdivision 14; or
participate in lawful gambling authorized under Minnesota Statutes, chapter 349.
new text end
new text begin
Following completion of the focus group described in
subdivision 3, the grant recipient shall create a qualitative survey and obtain responses from
a sample of at least 50,000 individuals.
new text end
new text begin
By January 15, 2025, the grant recipient shall submit a report to the
chairs and ranking minority members of the legislative committees with jurisdiction over
public safety, the legislative committees with jurisdiction over taxes, the committee in the
house of representatives with jurisdiction over commerce, the committee in the senate with
jurisdiction over state government finance and policy, the committee in the house of
representatives with jurisdiction over ways and means, and the committee in the senate with
jurisdiction over finance. The report shall summarize the actions and findings of the grant
recipient and shall make recommendations for policies and the use of financial resources
to prevent and address problem gambling by young adults.
new text end
Minnesota Statutes 2022, section 297E.02, is amended by adding a subdivision
to read:
new text begin
By October 1 of each year beginning in 2026, the
commissioner shall remit payments, as required under section 297J.02, subdivision 8,
paragraph (g), to each organization licensed to conduct lawful gambling under chapter 349
on a pro rata basis according to the organization's combined net receipts, as defined under
this section, for the period beginning July 1 of the previous calendar year and ending on
June 30 of the current calendar year, and the total combined net receipts from all
organizations licensed under chapter 349 for the period beginning July 1 of the previous
calendar year and ending on June 30 of the current calendar year.
new text end
new text begin
This section is effective for sports betting net revenue received
on and after the start date for mobile sports betting designated by the commissioner of public
safety pursuant to Minnesota Statutes, section 299L.15, subdivision 8.
new text end
new text begin
Unless otherwise defined in this chapter, or unless the context clearly indicates otherwise,
the following terms have the meanings given:
new text end
new text begin
(1) "commissioner" means the commissioner of revenue;
new text end
new text begin
(2) "licensed racetrack" has the meaning provided in section 240.01, subdivision 10;
new text end
new text begin
(3) "mobile sports betting operator" has the meaning given in section 299L.10, subdivision
14;
new text end
new text begin
(4) "mobile sports betting platform provider" has the meaning given in section 299L.10,
subdivision 16;
new text end
new text begin
(5) "sporting event" has the meaning given in section 299L.10, subdivision 18;
new text end
new text begin
(6) "sports betting" has the meaning given in section 299L.10, subdivision 19;
new text end
new text begin
(7) "sports betting net revenue" means the total of all cash and cash equivalents received
in a month by a mobile sports betting operator or mobile sports betting platform provider
from wagers on sporting events, less the following:
new text end
new text begin
(i) cash paid out as winnings in the month;
new text end
new text begin
(ii) the cash equivalent of noncash prizes paid out as winnings in the month, excluding
cash and cash equivalents received by a mobile sports betting operator or mobile sports
betting platform provider for activities other than sports betting or excise taxes paid to the
federal government;
new text end
new text begin
(iii) for wagers placed before January 1, 2028, the entire amount of cash or cash
equivalent of promotional credits allowed or free wagers placed in the month;
new text end
new text begin
(iv) for wagers placed after December 31, 2027, and before January 1, 2029, 75 percent
of the amount of cash or cash equivalent of promotional credits allowed or free wagers
placed in the month;
new text end
new text begin
(v) for wagers placed after December 31, 2028, and before January 1, 2030, 50 percent
of the amount of cash or cash equivalent of promotional credits allowed or free wagers
placed in the month;
new text end
new text begin
(vi) for wagers placed after December 31, 2029, and before January 1, 2031, 25 percent
of the amount of cash or cash equivalent of promotional credits allowed or free wagers
placed in the month; and
new text end
new text begin
(vii) for wagers placed after December 31, 2030, no amount of cash or cash equivalent
of promotional credits allowed or free wagers placed in the month may be subtracted for
purposes of calculating sports betting net revenue; and
new text end
new text begin
(8) "wager" has the meaning given in section 299L.10, subdivision 22.
new text end
new text begin
This section is effective for sports betting net revenue received
on and after the start date for mobile sports betting designated by the commissioner of public
safety pursuant to Minnesota Statutes, section 299L.15, subdivision 8.
new text end
new text begin
(a) Except as provided in paragraph (b), a tax is imposed
on sports betting net revenue received equal to 20 percent on wagers placed online through
a website or mobile application, as allowed under section 299L.40.
new text end
new text begin
(b) Any wager placed on Indian lands is not subject to state taxation. For purposes of
this chapter, a wager is placed at the physical location of the individual placing the wager.
new text end
new text begin
Unless prescribed under a contractual
agreement with a mobile sports betting platform provider, a mobile sports betting operator
must file the return and remit the tax under subdivision 4, and is liable for the tax imposed
under this section. If a mobile sports betting operator has entered into a contractual agreement
with a mobile sports betting platform provider for the mobile sports betting platform provider
to file the return and remit the tax under subdivision 4:
new text end
new text begin
(1) the mobile sports betting platform is liable for the tax under this section; and
new text end
new text begin
(2) the mobile sports betting operator must notify the commissioner of the sports betting
platform provider with which the mobile sports betting operator has entered into the
agreement.
new text end
new text begin
(a) Income derived by
a mobile sports betting operator or mobile sports betting platform provider from the conduct
of wagering on a sporting event is not subject to the tax imposed in chapter 290. Wagers
accepted by a mobile sports betting operator or mobile sports betting platform provider are
not subject to the tax imposed in section 297A.62 or 297E.03.
new text end
new text begin
(b) When sports betting net revenue for a month is less than zero, the commissioner
must allow the mobile sports betting operator or mobile sports betting platform provider to
carry over the negative amount to returns filed for subsequent months. The negative amount
of sports betting net revenue may not be carried back to an earlier month and remittances
previously received by the commissioner will not be refunded, except if the mobile sports
betting operator or mobile sports betting platform provider surrenders its mobile sports
betting license and the last return reported a negative amount of sports betting net revenue.
new text end
new text begin
A mobile sports betting operator or mobile sports betting
platform provider must file a return by the 20th day of each month reporting the tax due
under this section for the preceding month. The return must include the amount of all wagers
received, payouts made, all sports betting taxes owed, and other information required by
the commissioner. The tax under this chapter is due to be paid to the commissioner on the
day the return is due.
new text end
new text begin
All records concerning the administration of taxes under
this chapter are classified as public information.
new text end
new text begin
A person who has, under this chapter, paid to the commissioner an
amount of tax for a period in excess of the amount legally due for that period may file with
the commissioner a claim for a refund of the excess. The amount necessary to pay the refunds
under this subdivision is appropriated from the sports betting revenue account established
in subdivision 8, paragraph (a), to the commissioner.
new text end
new text begin
If in the commissioner's judgment good cause exists, the
commissioner may extend the time for filing tax returns under this section for not more than
six months.
new text end
new text begin
(a) The sports betting revenue account is established in
the special revenue fund. All amounts collected by the commissioner under this chapter
must be deposited in the account and distributed as provided in this subdivision. Any money
remaining in the account at the end of each fiscal year does not cancel. Interest and income
earned on money in the account, after deducting any applicable charges, shall be credited
to the account. After deducting any amounts necessary to pay the refunds under subdivision
6, and any appropriations made from the account for the next fiscal year, the money shall
be distributed as provided in paragraphs (b) to (i).
new text end
new text begin
(b) Five percent is annually appropriated to the Minnesota Racing Commission for grants
to licensed racetracks. Of the amount appropriated under this paragraph, 78 percent is
appropriated for a grant to a licensed racetrack at which live thoroughbred horse racing is
conducted and 22 percent is appropriated for a grant to a licensed racetrack at which
standardbred horse racing is the only form of live racing conducted.
new text end
new text begin
(c) Of the amounts appropriated under paragraph (b), a licensed racetrack must use at
least 75 percent for purse supplements for races to be conducted exclusively for
Minnesota-bred horses.
new text end
new text begin
(d) Of the amounts appropriated under paragraph (b), up to 25 percent may be used by
a licensed racetrack for any of the following purposes:
new text end
new text begin
(1) breeders' awards for Minnesota-bred thoroughbred, standardbred, quarter horse, and
Arabian horses;
new text end
new text begin
(2) to pay reimbursements to the commission for the cost of providing state stewards;
new text end
new text begin
(3) to assist in the transition of Minnesota-bred horses into retirement;
new text end
new text begin
(4) to fund research projects conducted by persons affiliated with a university or
governmental research agency or institution related to equine illness and disease,
performance-related accidents and injuries, and improvements of breeding techniques;
new text end
new text begin
(5) to fund mental health programs for jockeys, stewards, and backstretch employees
who have direct involvement with the care and preparation of racing horses; and
new text end
new text begin
(6) to pay for increases in compensation to backstretch employees who have direct
involvement with the care and preparation of racing horses.
new text end
new text begin
(e) 15 percent is appropriated to the director of Explore Minnesota Tourism for grants
to Minnesota Sports and Events.
new text end
new text begin
(f) Ten percent is appropriated to the commissioner of human services of which half is
for the compulsive gambling treatment program established under section 245.98, and half
is for a grant to the state affiliate recognized by the National Council on Problem Gambling
to be used to increase public awareness of problem gambling, provide education and training
for individuals and organizations providing effective treatment services to problem gamblers
and their families, and research relating to problem gambling. Money appropriated by this
paragraph must supplement and must not replace existing state funding for these programs.
new text end
new text begin
(g) 20 percent is appropriated to the commissioner for purposes of making payments
under section 297E.02, subdivision 12. Any money remaining at the end of each fiscal year
is canceled to the sports betting revenue account.
new text end
new text begin
(h) Five percent is appropriated to the commissioner of education for grants to the
Minnesota State High School League established under chapter 128C to support youth sports
and activities.
new text end
new text begin
(i) 45 percent is appropriated to the commissioner for deposit to the general fund.
new text end
new text begin
This section is effective for sports betting net revenue received
on or after the start date for mobile sports betting designated by the commissioner of public
safety pursuant to Minnesota Statutes, section 299L.15, subdivision 8, except that subdivision
8 is effective July 1, 2024, and applies to application, license, and renewal fees received
after June 30, 2024, and sports betting net revenue received on or after the start date for
mobile sports betting designated by the commissioner of public safety pursuant to Minnesota
Statutes, section 299L.15, subdivision 8.
new text end
new text begin
A mobile sports betting operator and mobile sports
betting platform provider must maintain records supporting the sports betting activity and
taxes owed. Records required to be kept in this section must be preserved by the mobile
sports betting operator or mobile sports betting platform provider for at least 3-1/2 years
after the return is due or filed, whichever is later, and may be inspected by the commissioner
at any reasonable time without notice or a search warrant.
new text end
new text begin
The commissioner may require a financial audit of a mobile sports
betting operator's or mobile sports betting platform provider's sports betting activities if the
mobile sports betting operator or mobile sports betting platform provider has failed to comply
with this chapter as it relates to financial reporting. Audits must be performed by an
independent accountant licensed according to chapter 326A. The commissioner must
prescribe standards for an audit required under this subdivision. A complete, true, and correct
copy of an audit must be filed as prescribed by the commissioner. Nothing in this subdivision
limits the commissioner's ability to conduct its own audit pursuant to its authority under
chapter 270C.
new text end
new text begin
This section is effective for sports betting net revenue received
on and after the start date for mobile sports betting designated by the commissioner of public
safety pursuant to Minnesota Statutes, section 299L.15, subdivision 8.
new text end
new text begin
Except for those provisions specific to distributors, gambling products, or gambling
equipment, sections 297E.11 to 297E.14 apply to this chapter.
new text end
new text begin
This section is effective for sports betting net revenue received
on and after the start date for mobile sports betting designated by the commissioner of public
safety pursuant to Minnesota Statutes, section 299L.15, subdivision 8.
new text end
Minnesota Statutes 2022, section 260B.007, subdivision 16, is amended to read:
(a) "Juvenile petty offense"
includes a juvenile alcohol offense, a juvenile controlled substance offense, new text begin a juvenile
violation of section 299L.80, subdivision 3, paragraph (a), new text end a violation of section 609.685,
or a violation of a local ordinance, which by its terms prohibits conduct by a child under
the age of 18 years which would be lawful conduct if committed by an adult.
(b) Except as otherwise provided in paragraph (c), "juvenile petty offense" also includes
an offense that would be a misdemeanor if committed by an adult.
(c) "Juvenile petty offense" does not include any of the following:
(1) a misdemeanor-level violation of section 518B.01, 588.20, 609.224, 609.2242,
609.324, subdivision 2 or 3, 609.5632, 609.576, 609.66, 609.746, 609.748, 609.79, or
617.23;
(2) a major traffic offense or an adult court traffic offense, as described in section
260B.225;
(3) a misdemeanor-level offense committed by a child whom the juvenile court previously
has found to have committed a misdemeanor, gross misdemeanor, or felony offense; or
(4) a misdemeanor-level offense committed by a child whom the juvenile court has
found to have committed a misdemeanor-level juvenile petty offense on two or more prior
occasions, unless the county attorney designates the child on the petition as a juvenile petty
offender notwithstanding this prior record. As used in this clause, "misdemeanor-level
juvenile petty offense" includes a misdemeanor-level offense that would have been a juvenile
petty offense if it had been committed on or after July 1, 1995.
(d) A child who commits a juvenile petty offense is a "juvenile petty offender." The
term juvenile petty offender does not include a child alleged to have violated any law relating
to being hired, offering to be hired, or agreeing to be hired by another individual to engage
in sexual penetration or sexual conduct which, if committed by an adult, would be a
misdemeanor.
new text begin
As used in this section:
new text end
new text begin
(1) "accepts a wager" includes receiving, recording, or forwarding a wager or an offer
to wager on a sporting event, and attempts to do so;
new text end
new text begin
(2) "nonpublic information" means information regarding a participant's ability or
likelihood to perform in a sporting event that:
new text end
new text begin
(i) is not available to the general public;
new text end
new text begin
(ii) is derived from a personal or professional relationship with the participant; and
new text end
new text begin
(iii) if the information was disseminated, would likely affect the odds of the participant
or the participant's team in achieving a particular outcome in the event; and
new text end
new text begin
(3) "places a wager" includes an offer or attempt to place a wager on a sporting event.
new text end
new text begin
(a) Whoever sells or transfers private data
on individuals collected through the practice of wagering on sporting events is guilty of a
misdemeanor.
new text end
new text begin
(b) Paragraph (a) does not apply to the transfer of data between a person licensed under
section 299L.10 to 299L.80 or an employee of a licensee and the commissioner, the director,
or the commissioner of revenue when that transfer is necessary to perform duties prescribed
by law relating to wagering on sporting events or to information shared with a sports
governing body pursuant to section 299L.53, subdivision 3.
new text end
new text begin
(a) A person who is under 21 years of
age and does either of the following is guilty of a misdemeanor:
new text end
new text begin
(1) places a wager on a sporting event; or
new text end
new text begin
(2) misrepresents the person's age as being 21 or older for the purposes of placing a
wager on a sporting event.
new text end
new text begin
(b) A person licensed under sections 299L.10 to 299L.80 or an employee of a licensee
who knowingly accepts a wager on a sporting event placed by someone under the age of
21 years is guilty of a gross misdemeanor.
new text end
new text begin
(c) Paragraph (a), clause (1) does not prohibit private social bets on sporting events that
are not part of or incidental to organized, commercialized, or systematic gambling.
new text end
new text begin
(a) The following persons who place a wager with an
entity licensed under sections 299L.10 to 299L.80 are guilty of a crime and may be sentenced
as provided in paragraphs (b) to (e):
new text end
new text begin
(1) a person who is a participant in a sporting event and who places a wager on that
event or who induces another to place a wager on the event on behalf of the person;
new text end
new text begin
(2) a person licensed under sections 299L.10 to 299L.80, or an employee of a licensee
whose exclusive or primary responsibilities involve mobile sports betting, who places a
wager on a sporting event on an online website or mobile application with which the person
is affiliated;
new text end
new text begin
(3) an officer, director, member, or employee of the Division of Alcohol and Gambling
Enforcement of the Department of Public Safety or the division who places a wager on a
sporting event, unless the person is a peace officer with the Division of Alcohol and Gambling
Enforcement who places a wager as part of a criminal or regulatory investigation; or
new text end
new text begin
(4) a person who possesses nonpublic information on a sporting event and who places
a wager on that event.
new text end
new text begin
(b) A person who violates paragraph (a) is guilty of a misdemeanor if the amount of the
wager is no more than $500.
new text end
new text begin
(c) A person who violates paragraph (a) is guilty of a gross misdemeanor if:
new text end
new text begin
(1) the person has previously been convicted of a violation of this section or section
609.76; or
new text end
new text begin
(2) the amount of the wager is more than $500 but not more than $1,000.
new text end
new text begin
(d) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than two years or to payment of a fine of not more than $4,000,
or both, if the amount of the wager is more than $1,000 but not more than $5,000.
new text end
new text begin
(e) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than five years or to payment of a fine of not more than $10,000,
or both, if:
new text end
new text begin
(1) the amount of the wager is more than $5,000; or
new text end
new text begin
(2) the person places more than five wagers on any one or more sporting events within
any 30-day period and the total amount wagered is more than $2,500.
new text end
new text begin
(a) A person licensed under sections
299L.10 to 299L.80, or an employee of a licensee whose exclusive or primary responsibilities
involve mobile sports betting, who accepts a wager on a sporting event knowing that the
wager was made in violation of subdivision 4, paragraph (a) is guilty of a crime and may
be sentenced as provided in paragraphs (b) to (e).
new text end
new text begin
(b) A person who violates paragraph (a) is guilty of a misdemeanor if the amount of the
wager is no more than $500.
new text end
new text begin
(c) A person who violates paragraph (a) is guilty of a gross misdemeanor if:
new text end
new text begin
(1) the person has previously been convicted of a violation of this section or section
609.76; or
new text end
new text begin
(2) the amount of the wager is more than $500 but not more than $1,000.
new text end
new text begin
(d) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than two years or to payment of a fine of not more than $4,000,
or both, if the amount of the wager is more than $1,000 but not more than $5,000.
new text end
new text begin
(e) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than five years or to payment of a fine of not more than $10,000,
or both, if:
new text end
new text begin
(1) the amount of the wager is more than $5,000; or
new text end
new text begin
(2) the person accepts one or more wagers knowing that:
new text end
new text begin
(i) the wager is prohibited under subdivision 4, paragraph (a);
new text end
new text begin
(ii) acceptance of the wager will result in the person making a wager having placed more
than five wagers on any one or more sporting events within any 30-day period; and
new text end
new text begin
(iii) the total amount wagered is more than $2,500.
new text end
new text begin
In any prosecution under subdivision 4 or 5, the amount
of money wagered within any six-month period may be aggregated and the accused charged
accordingly in applying the provisions of those subdivisions. In addition, when two or more
offenses are committed by the same person in two or more counties, the accused may be
prosecuted in any county in which one of the offenses was committed for all of the offenses
aggregated under this subdivision.
new text end
new text begin
(a) Proof of age for
placing a wager under sections 299L.10 to 299L.80 on a sporting event may be established
only by one of the following:
new text end
new text begin
(1) a valid driver's license or identification card issued by Minnesota, another state, a
Tribal government, or a province of Canada, that includes the photograph and date of birth
of the person;
new text end
new text begin
(2) a valid military identification card issued by the United States Department of Defense;
new text end
new text begin
(3) a valid United States passport;
new text end
new text begin
(4) a valid instructional permit issued under section 171.05 that includes a photograph
and the date of birth of the person;
new text end
new text begin
(5) a Tribal identification;
new text end
new text begin
(6) in the case of a foreign national, a valid passport; or
new text end
new text begin
(7) use of an identity verification process approved by the commissioner and implemented
by the mobile sports betting operator or mobile sports betting platform provider.
new text end
new text begin
(b) In a prosecution for accepting a wager on a sporting event from a person under the
age of 21, it is an affirmative defense for the defendant to prove by a preponderance of the
evidence that the defendant reasonably and in good faith relied upon representations of
proof of age authorized in paragraph (a).
new text end
new text begin
(c) A mobile sports betting operator or employee of a mobile sports betting operator, or
an official or employee authorized to accept wagers on sporting events under a Tribal-state
compact regulating the conduct of class III sports betting on the Indian lands of an Indian
Tribe, may seize a form of identification listed under paragraph (a) if the person has
reasonable grounds to believe that the form of identification has been altered or falsified or
is being used to violate any law. A person who seizes a form of identification under this
paragraph must deliver it to a law enforcement agency, as defined in section 626.84,
subdivision 1, paragraph (f), within 24 hours of seizure.
new text end
Minnesota Statutes 2022, section 609.75, subdivision 3, is amended to read:
The following are not bets:
(1) a contract to insure, indemnify, guarantee or otherwise compensate another for a
harm or loss sustained, even though the loss depends upon chance;
(2) a contract for the purchase or sale at a future date of securities or other commodities;
(3) offers of purses, prizes or premiums to the actual contestants in any bona fide contest
for the determination of skill, speed, strength, endurance, or quality or to the bona fide
owners of animals or other property entered in such a contest;
(4) the game of bingo when conducted in compliance with sections 349.11 to 349.23;
(5) a private social bet not part of or incidental to organized, commercialized, or
systematic gambling;
(6) the operation of equipment or the conduct of a raffle under sections 349.11 to 349.22,
by an organization licensed by the Gambling Control Board or an organization exempt from
licensing under section 349.166;
(7) pari-mutuel betting on horse racing when the betting is conducted under chapter 240;
deleted text begin and
deleted text end
(8) the purchase and sale of State Lottery tickets under chapter 349Anew text begin ; and
new text end
new text begin (9) sports betting when the betting is conducted pursuant to sections 299L.10 to 299L.80new text end .
Minnesota Statutes 2022, section 609.75, subdivision 4, is amended to read:
A gambling device is a contrivance the purpose of which is
that for a consideration a player is afforded an opportunity to obtain something of value,
other than free plays, automatically from the machine or otherwise, the award of which is
determined principally by chance, whether or not the contrivance is actually played.
"Gambling device" also includes a video game of chance, as defined in subdivision 8.new text begin
Gambling device does not include a website or mobile application, or device used for
accessing the website or mobile application, authorized to be used in conducting mobile
sports betting pursuant to sections 299L.10 to 299L.80.
new text end
Minnesota Statutes 2022, section 609.75, subdivision 7, is amended to read:
Sports bookmaking is the activity of intentionally
receiving, recording or forwarding within any 30-day period more than five bets, or offers
to bet, that total more than $2,500 on any one or more sporting events.new text begin Sports bookmaking
does not include sports betting when the betting is conducted pursuant to sections 299L.10
to 299L.80.
new text end
Minnesota Statutes 2022, section 609.75, is amended by adding a subdivision to
read:
new text begin
"Sporting event" has the meaning given in section 299L.10,
subdivision 18, and includes any event, such as a game, match, contest, or activity, or series
of games, matches, contests, activities, or tournaments, involving the athletic skill or
performance in a video game of one or more players or participants, regardless of whether
the event is approved by the commissioner to be an event eligible for wagering under sections
299L.10 to 299L.80.
new text end
Minnesota Statutes 2022, section 609.755, is amended to read:
Whoever does any of the following is guilty of a misdemeanor:
(1) makes a betnew text begin , other than a bet on a sporting eventnew text end ;
(2) sells or transfers a chance to participate in a lottery;
(3) disseminates information about a lottery, except a lottery conducted by an adjoining
state, with intent to encourage participation therein;
(4) permits a structure or location owned or occupied by the actor or under the actor's
control to be used as a gambling place; or
(5) except where authorized by statute, possesses a gambling device.
Clause (5) does not prohibit possession of a gambling device in a person's dwelling for
amusement purposes in a manner that does not afford players an opportunity to obtain
anything of value.
Minnesota Statutes 2022, section 609.76, subdivision 2, is amended to read:
new text begin
(a) Whoever makes a bet on a sporting event with a person
who is not licensed to engage in sports betting under sections 299L.10 to 299L.80 is guilty
of a misdemeanor if the amount of the wager is no more than $500.
new text end
new text begin
(b) Whoever makes a bet on a sporting event with a person who is not licensed to engage
in sports betting under sections 299L.10 to 299L.80 is guilty of a gross misdemeanor if:
new text end
new text begin
(1) the person has previously been convicted of a violation of this section or section
609.76; or
new text end
new text begin
(2) the amount of the wager is more than $500 but not more than $1,000.
new text end
new text begin
(c) Whoever makes a bet on a sporting event with a person who is not licensed to engage
in sports betting under sections 299L.10 to 299L.80 is guilty of a felony if the amount of
the wager is more than $1,000.
new text end
new text begin (d) new text end Whoever engages in sports bookmaking is guilty of a felony.
new text begin
(e) In any prosecution under paragraph (b) or (c), the amount of money wagered within
any six-month period may be aggregated and the accused charged accordingly in applying
the provisions of those paragraphs. In addition, when two or more offenses are committed
by the same person in two or more counties, the accused may be prosecuted in any county
in which one of the offenses was committed for all of the offenses aggregated under this
subdivision.
new text end
new text begin
(a) As used in this section:
new text end
new text begin
(1) "participant in a sporting event" has the meaning given in section 299L.10, subdivision
17; and
new text end
new text begin
(2) "sporting event" has the meaning given in section 299L.10, subdivision 18.
new text end
new text begin
(b) A person is guilty of a felony and may be sentenced to imprisonment for not more
than five years or to payment of a fine of not more than $10,000, or both, if the person:
new text end
new text begin
(1) offers, gives, or promises to give, directly or indirectly, to a participant in a sporting
event any benefit, reward, or consideration to which the participant is not legally entitled
as compensation or a prize, with intent to influence the performance of the participant, or
the outcome of the event or a component of the event; or
new text end
new text begin
(2) as a participant in a sporting event, requests, receives, or agrees to receive, directly
or indirectly, a benefit, reward, or consideration to which the participant is not legally entitled
to intentionally lose, cause to lose, or attempt to lose or cause to lose the event, or to
intentionally perform below abilities to adversely affect the outcome of the event or a
component of the event.
new text end
new text begin
Sections 1 to 9 are effective the day that sports betting becomes lawful under article 1
and applies to crimes committed on or after that date.
new text end
Minnesota Statutes 2022, section 245.98, subdivision 2, is amended to read:
The commissioner of human services shall establish a program for
the treatment of compulsive gamblersnew text begin and their familiesnew text end . The commissioner may contract
with an entity with expertise regarding the treatment of compulsive gambling to operate the
program. The program may include the establishment of a statewide toll-free number,
resource library, public education programs; regional in-service training programs and
conferences for health care professionals, educators, treatment providers, employee assistance
programs, and criminal justice representatives; and the establishment of certification standards
for programs and service providers. The commissioner may enter into agreements with
other entities and may employ or contract with consultants to facilitate the provision of
these services or the training of individuals to qualify them to provide these services.new text begin The
program must include up to 60 hours of intervention services for a family member or
concerned significant other who is a Minnesota resident and is negatively impacted by
problem or compulsive gambling.new text end The program may also include inpatient and outpatient
treatment and rehabilitation services for residents in different settings, including a temporary
or permanent residential setting for mental health or substance use disorder, and individuals
in jails or correctional facilities. The program may also include research studies. The research
studies must include baseline and prevalence studies for adolescents and adults to identify
those at the highest risk. The program must be approved by the commissioner before it is
established.
new text begin
$...... in fiscal year 2025 is appropriated from the general fund to the commissioner of
public safety to perform the duties required to establish and regulate mobile sports betting
under Minnesota Statutes, sections 299L.10 to 299L.80.
new text end
new text begin
$...... in fiscal year 2025 is appropriated from the general fund to the commissioner of
revenue to perform the duties necessary to establish and enforce the taxation of mobile
sports betting.
new text end
new text begin
(a) $....... in fiscal year 2025 is appropriated from the general fund to the commissioner
of public safety for the study required under Minnesota Statutes, section 299L.655,
subdivision 1. The commissioner may contract with a third party to conduct the study. This
is a onetime appropriation.
new text end
new text begin
(b) $....... in fiscal year 2025 is appropriated from the general fund to the commissioner
of public safety for the study required under Minnesota Statutes, section 299L.6556. The
commissioner may contract with a third party to conduct the study. This is a onetime
appropriation.
new text end
new text begin
(c) $150,000 in fiscal year 2025 is appropriated from the general fund to the commissioner
of public safety to make the grant required under article 1, section 30. This is a onetime
appropriation.
new text end
Minnesota Statutes 2022, section 240.01, subdivision 1b, is amended to read:
"Advance deposit wager" means a wager placed
through an advance deposit wagering provider on a horse race deleted text begin that is conducted outside of
the statedeleted text end .
new text begin
For purposes of this section, "historic horse race" means:
new text end
new text begin
(1) any horse race, whether running or harness, that was previously conducted at a
licensed pari-mutuel facility;
new text end
new text begin
(2) concluded with official results; and
new text end
new text begin
(3) concluded without scratches, disqualifications, or dead-heat finishes.
new text end
new text begin
Nothing in this chapter shall be construed to authorize the
approval or use of historic horse race operations either in-person or by means of electronic
terminals.
new text end