Overview
Title
To establish minimum Federal standards for sports betting, and for other purposes.
ELI5 AI
The SAFE Bet Act of 2024 is like a rulebook telling everyone how to play fair when placing bets on sports, making sure they follow the rules to protect people and keep everything safe, just like when you play a board game with family and need to follow the instructions so everyone has fun!
Summary AI
H.R. 9590, also known as the SAFE Bet Act of 2024, aims to establish nationwide standards for sports betting in the United States. The bill allows states to create their own sports wagering programs if they meet federal criteria, including restrictions to ensure fair play and protect consumers. It sets guidelines for the operation and licensing of sports wagering, prohibits bets by certain individuals such as athletes and minors, and mandates regular reporting to federal entities. Furthermore, the bill emphasizes the importance of public health by implementing measures like national surveillance of gambling addiction and a national self-exclusion list for individuals seeking to limit their gambling activities.
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AnalysisAI
General Summary of the Bill
The "Supporting Affordability and Fairness with Every Bet Act of 2024," also known as the SAFE Bet Act, aims to establish minimum federal standards for sports betting across the United States. The bill sets out to regulate sports wagering by defining key terms, outlining permissible bets, and imposing conditions on both states and individual operators. It also emphasizes public health aspects related to gambling by mandating annual surveys on sports betting habits, creating a national self-exclusion list, and establishing oversight for gambling addiction issues.
Significant Issues
One notable issue within the bill is the lack of clear enforcement and compliance mechanisms, particularly concerning key definitions such as "sports wagering operator" and "suspicious transaction." This vagueness may lead to significant regulatory challenges and uneven application across various jurisdictions. Furthermore, the definition of what constitutes a "reasonable lender standard" remains ambiguous, raising concerns about the bill's financial criteria and its enforceability.
The bill also fails to provide a clear outline of financial implications, particularly concerning the funding for the national self-exclusion list and the associated public health initiatives. This could potentially lead to unchecked or wasteful spending, as specific budget allocations are not detailed.
The process and criteria for states to opt into the sports wagering program are not clearly defined, leading to ambiguities about eligibility. Similarly, there is potential for jurisdictional conflicts due to overlapping definitions, such as including both political subdivisions and Indian Tribes under the term "governmental entity."
Impact on the Public
The bill's broad impact on the public is notable, as it seeks to provide a standardized federal framework for sports betting. For the general populace, this could mean a more structured and safer betting environment, with enhanced consumer protections and public health measures. The bill’s provisions on the prohibition of underage betting and setting restrictions on various types of wagers aim to protect vulnerable individuals, particularly youth and those with gambling disorders.
However, the vague regulatory terms and oversight mechanisms could result in inconsistent enforcement and application of the law across different states. The lack of detailed financial implications also raises concerns about whether the initiatives will have sustainable funding and effective implementation.
Impact on Stakeholders
For states and tribal entities, the bill presents both opportunities and challenges. While it offers a framework to engage in sports betting legally, the compliance requirements and potential for jurisdictional conflicts could complicate the implementation of state or tribal sports wagering programs. The bill maintains state and tribal discretion to set stricter rules, which could lead to varying regulations across the country.
Sports betting operators are likely to be significantly impacted due to stringent licensing requirements and consumer protection standards. While these measures aim to enhance transparency and fairness, they also increase the operational burden on operators, especially in adhering to regulations regarding advertising, data security, and the prohibition of certain types of bets.
Additionally, communities focusing on public health and gambling addiction may see positive strides due to the emphasis on funding treatments and education initiatives. Nonetheless, the efficacy of these programs is contingent upon the bill’s ability to clearly define and secure funding for such efforts.
Overall, the bill promises comprehensive reform in the arena of sports betting by setting various standards; however, it brings forth concerns around enforcement clarity, financial accountability, and potential jurisdictional overlaps that need addressing to ensure a harmonized implementation across the board.
Financial Assessment
The proposed legislation, H.R. 9590 or the SAFE Bet Act of 2024, introduces several references to financial allocations and restrictions related to sports betting in the United States.
Financial Penalties and Restrictions
The bill outlines a civil penalty for violations of sports wagering rules. Specifically, any person found violating the prohibition on sports wagering may face a penalty of up to the greater of $10,000 or three times the amount of the sports wager involved. This significant penalty reflects the bill's aim to deter unlawful betting activities. However, it raises the question of whether there are sufficient mechanisms in place for enforcement and compliance monitoring to ensure the effective application of these penalties. The lack of detail about these processes could lead to challenges in achieving consistent enforcement, as noted in the issues section.
Consumer Protections and Financial Safeguards
The bill includes several financial restrictions intended to protect consumers. For instance, sports wagering operators are not allowed to accept more than five deposits from an individual within a 24-hour period or accept deposits made using a credit card. Additionally, any sports wagers exceeding $1,000 in a 24-hour period or $10,000 in a 30-day period must undergo an affordability check. This check can be satisfied by verifying that the proposed deposit does not exceed 30% of the individual's monthly income or meets a "reasonable lender standard."
The definition of "reasonable lender standard," however, is flagged as ambiguous. It lacks specificity regarding the criteria to be used, which could lead to inconsistent enforcement by sports wagering operators. This inconsistency could undermine the protective intent of these financial safeguards.
Funding for Public Health Initiatives
The legislation requires that a percentage of sports wagering revenue be allocated to treatment for gambling disorders and education on responsible gaming. Nevertheless, it fails to specify oversight or accountability mechanisms for these initiatives. The absence of detailed guidance may lead to varied implementation across different states or regions, which could dilute the effectiveness of efforts to address gambling addiction.
Exceptions to Recordkeeping Requirements
There is an exemption for recordkeeping requirements where sports wagers are less than $10,000 under certain conditions. This might mean that potentially significant transactions fall outside regulatory scrutiny, which could impede efforts to identify suspicious gambling patterns or transactions. The exception's scope suggests a potential loophole that might be exploited, which aligns with the identified issue of unclear enforcement mechanisms.
Ambiguities in Financial Definitions
The bill uses terms like "affordability protections" and "qualified researchers" without clear, concrete definitions. These vague terms could lead to inconsistencies in how financial responsibilities and protections are interpreted and applied by different entities involved in sports wagering oversight. This lack of clarity could affect how funds are allocated and used for research and consumer protection.
Overall, while H.R. 9590 makes several references to financial allocations and safeguards, there appears to be a lack of clear guidelines and oversight mechanisms that might ensure consistent and effective implementation. Addressing these ambiguities and adding specific accountability measures could improve the efficacy of the bill's financial provisions.
Issues
The bill lacks clear enforcement and compliance mechanisms for definitions and standards, particularly concerning terms like 'sports wagering operator' and 'suspicious transaction', which may lead to significant regulatory challenges. (Section 2, Section 103)
The lack of specific budget or financial implications for programs like the national self-exclusion list, Surgeon General’s report, and surveillance of gambling disorder may result in unchecked or wasteful spending. (Section 201, Section 202, Section 203, Section 204)
The definition of 'reasonable lender standard' is ambiguous and does not detail specific criteria, potentially leading to inconsistent applications and enforcement. (Section 2)
The bill does not clearly define 'sports wagering opt-in State', leading to potential ambiguities regarding which states are qualified to participate. (Section 101, Section 2)
The prohibition and restriction clauses, particularly those related to proposition bets and betting during events, are broad and may conflict with state laws, raising jurisdictional concerns. (Section 103)
There is a considerable overlap in definitions, such as 'governmental entity' including both political subdivisions and Indian Tribes, leading to potential jurisdictional conflicts. (Section 2, Section 301)
The process for maintaining the 'national self-exclusion list' lacks detail, raising privacy and data management concerns. (Section 202)
Vague definitions like 'qualified researchers' and 'affordability protections' may lead to inconsistent interpretations and applications. (Section 103, Section 201)
The bill does not specify oversight or accountability mechanisms for initiatives funded by sports wagering revenues, like treatment and education on responsible gaming, potentially leading to varied implementation. (Section 103)
Ambiguous terms like 'as appropriate' and the lack of designated agencies for coordination in certain sections may result in uneven implementation and oversight. (Section 204, Section 103)
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title; table of contents Read Opens in new tab
Summary AI
The “Supporting Affordability and Fairness with Every Bet Act of 2024” (SAFE Bet Act) outlines the rules and standards for sports betting, including a general ban on sports wagers, the establishment of state sports wagering programs, and public health measures to address gambling-related issues. It includes provisions for national surveys, a self-exclusion list, and health reports, as well as guidelines on state and tribal authority within this area.
2. Definitions Read Opens in new tab
Summary AI
This section of the bill explains key terms related to sports wagering, including definitions for different types of bets like "microbet" and "proposition bet," as well as concepts like "sports wagering operator," "state sports wagering program," and more. It outlines how these terms are understood within the context of the legislation to ensure clear communication and implementation of rules regarding sports betting activities.
101. General prohibition on sports wagering Read Opens in new tab
Summary AI
The section establishes that it is generally illegal to accept sports bets unless allowed by certain state laws or social gambling laws. It outlines the penalties for violations, including civil penalties but not criminal charges, and grants the Attorney General the authority to seek injunctions. The rule becomes effective 18 months after the law is enacted.
Money References
- — (1) IN GENERAL.—Any person who violates subsection (a) shall be, with respect to any such violation, subject to a civil penalty of not more than the greater of $10,000 or 3 times the amount of the applicable sports wager.
102. State sports wagering program Read Opens in new tab
Summary AI
The section outlines the process for a state to apply to the U.S. Attorney General for approval to administer a sports wagering program. It includes details on what the application must contain, the process for approval or denial, procedures for notifying of any changes, the validity period of approval, and the possibility of renewal, as well as conditions under which the approval can be revoked.
103. State sports wagering program standards Read Opens in new tab
Summary AI
The section outlines the standards for state sports wagering programs, requiring a state regulatory body to oversee all sports wagering activities, ensure only authorized operators offer in-person and internet wagers, and set criteria for approving sports wagers. It includes measures for contest integrity, licensing, consumer protection, advertising restrictions, and record-keeping, while prohibiting wagers by individuals under 21, certain sports figures, or those on exclusion lists.
Money References
- (F) AFFORDABILITY PROTECTIONS.—Provide that a sports wagering operator— (i) may not accept more than 5 deposits from an individual during a 24-hour period; (ii) may not accept deposits made using a credit card; and (iii) shall be required, before accepting sport wagers from an individual in an amount that is more than $1,000 during a 24-hour period or $10,000 during a 30-day period, to conduct an affordability check which shall be satisfied by 1 or both of the following ways: (I) Verification that the proposed deposit is not greater than 30 percent of the monthly income of the individual. (II) Verification through a reasonable lender standard based on issuance of an unsecured loan for the proposed deposit through methods normally used by consumer lenders. (G) ARTIFICIAL INTELLIGENCE RESTRICTION.—Provide that a sports wagering operator may not use artificial intelligence to— (i) track the sports wagers of an individual; (ii) create an offer or promotion targeting a specific individual; or (iii) create a gambling product, such as a microbet. (7) ADVERTISING.—Provide that advertisements for a sports wagering operator— (A) shall— (i) disclose the identity of the sports wagering operator; and (ii) provide information about how to access resources relating to gambling addiction; (B) shall not recklessly or purposefully target— (i) problem gamblers; (ii) individuals suffering from gambling disorder; or (iii) individuals who are ineligible to place a sports wager, including individuals younger than 21 years of age; (C) may not be broadcasted— (i) between the hours of 8:00am and 10:00pm local time; or (ii) during a live broadcast of a sporting event; and (D) may not include— (i) odds boosts or similar offers, including advertising that contains the phrase “bonus”, “no sweat”, “bonus bet”, or any other similar term; or (ii) any information on how to place a sports wager or how sports wagers work. (8) LICENSING REQUIREMENT.
- (B) EXCEPTION.—Provide that a sports wagering operator shall not be required to maintain a record of the information described in subparagraph (A) if— (i) the sports wager is not placed by an individual through an account with the sports wagering operator; (ii) the amount of the sports wager does not exceed $10,000; (iii) the sports wagering operator and any officer, employee, or agent of the sports wagering operator does not have knowledge, or would not in the ordinary course of business have reason to have knowledge, that the sports wager is 1 of multiple sports wagers placed by an individual or on behalf of an individual during 1 day that are, in the aggregate, in excess of $10,000; and (iv) the sports wagering operator is not required, pursuant to section 31.3402(q)–1 of title 26, Code of Federal Regulations (or a successor regulation), to furnish a Form W–2G to the individual who placed the sports wager with respect to winnings from the sports wager.
201. Annual nationwide survey on online sports betting Read Opens in new tab
Summary AI
The bill requires the Secretary to conduct an annual nationwide survey to gather data on the extent of problem gambling related to online sports betting. This survey must be conducted by independent researchers and will examine gambling rates and potential harms, with results made publicly available.
553. Annual nationwide survey on online sports betting Read Opens in new tab
Summary AI
The bill requires the Secretary to conduct an annual nationwide survey on online sports betting to collect data on problem gambling and related harms. This survey must be conducted by qualified researchers independent of the gambling industry, and its results, including summaries and analyses, must be made publicly available.
202. National self-exclusion list Read Opens in new tab
Summary AI
The section establishes a national self-exclusion list that allows individuals to voluntarily restrict themselves from placing sports bets with operators in participating states. It also defines how a person can add or remove themselves from this list, and specifies that the definitions of relevant terms are provided in another act.
553A. National self-exclusion list Read Opens in new tab
Summary AI
In this section, the law requires the Secretary, working with state regulatory bodies, to manage a national list where people can voluntarily add or remove themselves to prevent placing sports bets in certain states. It also defines specific terms related to sports wagering using definitions from another law.
203. Surgeon General’s Report on Public Health Challenges Associated with Sports Betting Read Opens in new tab
Summary AI
The section mandates that within one year after the law is passed, the Surgeon General must deliver a report to Congress detailing the public health challenges linked to widespread sports betting.
204. Surveillance of gambling disorder Read Opens in new tab
Summary AI
The text outlines a plan for the U.S. government to enhance efforts to track and study gambling addiction by creating a "National Gambling Addiction Surveillance System" through the CDC. The system will collect data to support research and ensure that this information is accessible to the public while protecting personal privacy according to federal and state laws.
317W. Surveillance of gambling addiction Read Opens in new tab
Summary AI
The section outlines the creation of a surveillance system called the "National Gambling Addiction Surveillance System" by the Secretary, through the CDC, to track and research gambling addiction. It emphasizes maintaining public access to the data while ensuring compliance with federal and state privacy laws.
301. State and Tribal authority Read Opens in new tab
Summary AI
The section allows sports bets made online to be counted as if they were made at the location of the server managing the bet, especially if the server is on Indian lands and both State and Tribe agree on such wagers. It also clarifies that States and Tribes can create stricter rules on sports betting and maintain the right to tax it.
302. Severability Read Opens in new tab
Summary AI
If any part of this Act, or changes made by this Act, is found to be invalid, the rest of the Act will not be affected and will continue to be enforced as much as possible.