Overview
Title
To establish minimum Federal standards for sports betting, and for other purposes.
ELI5 AI
The bill is like a rulebook that sets basic rules for betting money on sports games across the U.S. It wants to make sure everyone plays fair, stays safe from money problems, and has the chance to stop betting if they want to.
Summary AI
S. 5057 aims to establish minimum federal standards for sports betting across the United States. It proposes a framework for state sports wagering programs, outlines consumer protections, and enhances measures to maintain the integrity of sports competitions. The bill also focuses on public health by mandating annual surveys on online sports betting and establishing a national self-exclusion list to aid individuals in managing gambling-related issues. Additionally, it confirms the authority of states and tribes to set more stringent regulations and taxation policies regarding sports wagering.
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AnalysisAI
General Summary of the Bill
The proposed legislation, known as the “Supporting Affordability and Fairness with Every Bet Act,” seeks to establish minimum federal standards for sports betting in the United States. Introduced in the Senate by Mr. Blumenthal, the bill aims to create a framework for the regulation and oversight of sports wagering, both at physical locations and online. It addresses public health concerns associated with gambling, encouraging the establishment of preventive measures and consumer protections. Furthermore, the legislation delineates the roles of states and Indian Tribes in regulating sports betting and includes provisions for data collection and reporting on gambling addiction.
Summary of Significant Issues
Several issues arise within the legislative draft that may affect its implementation and effectiveness. Firstly, terms like "sports wagering opt-in State" and "interactive sports wagering platform" are not clearly defined, potentially leading to legal ambiguities and uneven application across different jurisdictions. Secondly, the absence of specific funding sources for initiatives such as the national self-exclusion list and an annual survey on gambling might result in unsustainable spending.
The bill's enforcement mechanisms and penalties lack clarity, which could undermine regulatory efforts. Furthermore, while the advertising restrictions in the bill aim to protect vulnerable individuals, such as youth and problem gamblers, they are broadly defined and might be difficult to enforce consistently.
Impact on the Public
If enacted, the bill could significantly impact how sports betting operates across the United States. By standardizing regulations, it aims to create a safer betting environment, potentially offering better consumer protections and reducing the incidence of gambling addiction. However, citizens might face restrictions that limit their ability to engage with sports wagering platforms based on their state’s regulations.
The nationwide surveys and public health reports proposed in the legislation could provide vital information for understanding and addressing gambling-related harms, ensuring that any actions taken are backed by data.
Impact on Specific Stakeholders
For sports wagering operators, the bill would introduce a stringent set of requirements and oversight mechanisms. This may increase operational costs and necessitate a revision of business practices, particularly with regard to data handling and consumer interactions.
States and Indian Tribes are granted significant regulatory oversight but must navigate the challenge of adhering to federal standards while maintaining their jurisdictional authority. This could involve substantial administrative work and the need to implement new compliance systems.
Advocacy groups focusing on gambling addiction might view the bill positively due to its health-centered approach and the emphasis on research and prevention. Conversely, stakeholders in the gambling industry might voice concerns regarding the broad restrictions on advertising and potential limitations imposed on legal activities.
In conclusion, while the bill attempts to establish a comprehensive framework for sports betting that protects consumers and addresses public health issues, its effectiveness will depend heavily on resolving definitional ambiguities and securing sustainable funding for its initiatives. The legislation affects a wide range of stakeholders, necessitating careful balancing of interests to achieve its intended outcomes.
Financial Assessment
The "Supporting Affordability and Fairness with Every Bet Act" addresses various aspects of sports betting regulation in the United States, including specific provisions related to financial considerations. Below is a detailed analysis of how money is referenced within the bill.
Financial Penalties and Enforcement
One notable financial aspect of the bill is the establishment of civil penalties for violations of the general prohibition on sports wagering. Any person who violates subsection (a) of Section 101 is subject to a civil penalty of not more than the greater of $10,000 or three times the amount of the applicable sports wager. This financial penalty serves as a deterrent to individuals and entities considering engaging in unauthorized sports wagering activities. However, the bill lacks adequate detail on enforcement mechanisms and penalties for non-compliance with the broader standards set forth in Sections 2 and 103. This absence may hinder effective regulation and oversight, as noted in the identified issues.
Affordability and Consumer Protection
In the realm of consumer protection, the bill introduces several financial-related measures aimed at promoting affordability and responsible gambling. Section 103 outlines requirements for sports wagering operators to conduct affordability checks on individuals placing significant wagers, specifically, those exceeding $1,000 in a 24-hour period or $10,000 in a 30-day period. Operators must verify that deposits do not exceed 30% of the individual's monthly income or meet a reasonable lender standard, suggesting an approach to prevent excessive financial expenditures by consumers on gambling.
Despite these measures, concerns arise regarding the lack of a clear funding source to support initiatives like the national self-exclusion list and the annual nationwide survey on online sports betting. These programs require financial resources for implementation and maintenance, yet the bill does not specify where this funding would originate, which raises concerns about unchecked or wasteful spending as highlighted in the issues.
Licensing and Revenue Allocation
For sports wagering operators, the bill mandates that operators must be licensed by the state regulatory entity, and there is a stipulated requirement for operators to allocate an appropriate percentage of their revenue towards treatment for gambling disorders and education on responsible gaming. While this allocation is intended to mitigate the negative impacts of gambling, the bill does not specify what percentage of revenue should be dedicated to these initiatives, leaving scope for interpretation and potentially inconsistent application across states.
Data Collection and Surveys
The bill includes provisions for conducting an annual nationwide survey on online sports betting, as described in Section 201. While this survey aims to collect data on the scope of problem gambling, the bill does not provide detailed budget estimates or cost assessments for conducting these surveys. The absence of specified budgets raises concerns about financial oversight and potential duplication of existing research efforts, as noted among the identified issues.
Overall, while the bill seeks to establish a comprehensive framework for sports wagering regulation, the financial aspects, particularly those involving spending allocation, penalties, and consumer protections, contain areas that may benefit from further clarification and detail. Addressing these gaps could enhance the bill's effectiveness in promoting responsible sports wagering while ensuring consistent application across different jurisdictions.
Issues
The definition of 'interactive sports wagering platform' in Section 301 is not clearly specified, potentially leading to legal ambiguities surrounding the operations of online sports wagering and which entities are authorized to host them.
The bill lacks a clear funding source for initiatives such as the national self-exclusion list and the annual nationwide survey on online sports betting as described in Sections 553 and 553A, raising concerns about unchecked or wasteful spending.
The term 'sports wagering opt-in State' is undefined in Section 101, which could create confusion about which states qualify for sports wagering, potentially impacting the consistent application of the law.
The enforcement mechanisms and penalties for non-compliance with the standards set forth in Sections 2 and 103 are not adequately addressed, which may hinder effective regulation.
In Section 102, there is no clear guidance or criteria mentioned for the Attorney General's determination of state sports wagering programs, leading to potential ambiguity and inconsistent application.
The advertising restrictions detailed in Section 103 are broad, particularly regarding prohibitions against targeting youth and problem gamblers. The lack of specific guidelines might result in inconsistent enforcement, limiting the effectiveness of these protections.
The use of technical legal terms such as 'severability' in Section 302 may not be widely understood by the general public, potentially complicating the interpretation and acceptance of the bill.
The term 'suspicious transaction' in Section 2 relies on subjective knowledge which could lead to inconsistent reporting across operators and hinder efforts to combat illegal activities.
Section 201 lacks specified budget or cost estimates for conducting annual nationwide surveys, which raises concerns about financial oversight and potential duplication of existing research efforts.
In Section 202, the lack of details on privacy protections for individuals on the national self-exclusion list could lead to ethical concerns and hesitation from individuals considering self-exclusion.
The scope of 'gambling-related harm' is not clearly defined in Section 553 of SEC 201, potentially leading to inconsistencies in data collection and effectiveness evaluations.
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 outlines the structure of the law by providing its short title and table of contents. It covers three main areas: establishing federal standards for sports betting, addressing public health issues related to sports betting, and general provisions concerning state and tribal authorities.
2. Definitions Read Opens in new tab
Summary AI
The section provides definitions for terms related to sports wagering, such as what constitutes a "sports wager," who qualifies as a "sports wagering operator," and what is meant by "suspicious transaction." It also explains the meaning of several related concepts, including "microbet," "proposition bet," and "gambling disorder," ensuring clarity for understanding the Act's provisions about sports betting and related 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 creates a national self-exclusion list, allowing individuals to voluntarily restrict themselves from placing sports bets with operators in states that allow sports wagering. It also establishes a process to add or remove oneself from this list, working with state regulatory bodies.
553A. National self-exclusion list Read Opens in new tab
Summary AI
The section establishes a national self-exclusion list where individuals can voluntarily register to prevent themselves from placing sports bets with operators in certain states. It also provides a way for individuals to add or remove themselves from this list, with definitions for key terms like "sports wager," "sports wagering operator," and "sports wagering opt-in State" referenced from another act.
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.