Gaming & Gambling - Regulatory Report September 2023

September roundup analyzing gambling legislation in the US.
By
Debra Jobes
Gaming Division Lead, Regology
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As we put an end to the summer and Q4 is already underway, the US state legislatures are gearing up for 2024 and will soon be releasing new calendars for the upcoming sessions starting in January. There is some action going on in the Oklahoma State Legislature, which called a special session regarding taxes on October 3. The session was convened and adjourned on the same day for Senate members. The House of Representatives, however, remains in special session. The eight state legislatures continuing with regular sessions until the end of the year are California, Massachusetts, Michigan, New Jersey, North Carolina, Ohio, Pennsylvania, and Wisconsin. During the month of September 2023, a total number of 19 gambling-related bills went through various stages of the lawmaking process. This report will highlight bills that became law and some that have shown movement during this month.

Hot Topic of the Month: Nevada Control Board and Gaming Commission

The Nevada Control Board and Gaming Commission issued multiple alerts regarding amendments to gaming regulations, notices of hearings, and technical bulletins in September 2023. Key regulatory changes include:

  • Regulation 3: Repealed the Employee Report section on licensing qualifications.
  • Regulation 5: Updated requirements for submitting gaming employee information.
  • Regulation 6: Adjusted internal control reporting and allowed electronic signatures on credit instruments.
  • Regulation 14: Repealed certain requirements for gaming device registration and program storage media.
  • Regulation 20: Changed reporting deadlines and financial statement requirements for horse racing establishments.
  • Regulation 23: Removed the need for written approval to use the casino cage in place of a card room bank.
  • Regulation 26: Increased the maximum commission deduction for pari-mutuel wagering pools and adjusted tax rates.
  • Surveillance Standards: Removed the definition of "slot change booth" and the requirement to monitor activities in these booths.
  • Proposed Amendments: A hearing is scheduled for October 19, 2023, to consider allowing race books and sports pools to accept wagers on esports events.

Win, Lose, or Draw: Recently Passed Legislation

  1. Casino:
    • Michigan: The Business Tax Act now excludes certain casino-related investments from tax credit eligibility (HB 4829).
    • North Carolina: The 2023 Appropriations Act permits mobile sports wagering but excludes provisions for legalizing commercial casinos and video lottery terminals (HB 259).
  2. Horse Racing:
    • California: Authorized a fair in Stanislaus County to operate a satellite wagering facility (AB 1074).

On the Clock and In-Play: Movement on Active Bills

  1. Bingo:
    • Wisconsin: Increased the allowable cash withdrawal from a bingo account for prize payments (SB54).
  2. Business Tax:
    • Massachusetts: Amended regulations to clarify when income from gaming activities is sourced to the state (HB 4104).
  3. Casino:
    • California: Revised regulations for key employees in gambling establishments, including new licensing provisions (AB 1271).
  4. Lottery:
    • Pennsylvania: Introduced a bill to keep the identities of lottery prizewinners confidential unless waived (SB-373).

New Player In the Game: Recently Introduced Legislation

  1. Casino:
    • US Federal: Introduced bills to protect employees from unpredictable work schedules, including those in the gambling sector (118 S 2851 and 118 HR 5563).
    • Pennsylvania: Introduced the Protecting Workers from Secondhand Smoke Act, prohibiting smoking in casinos (HB 1657).

This report covers a broad range of topics within the gambling industry, including casino regulations, bingo, business taxes, horse racing, lottery confidentiality, and workplace protections in the gaming sector.

Read the full report here.

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