Mobile Sports Betting; deposit monies to benefit PERS.

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To: Gaming
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representatives Eure, Hale

HOUSE BILL NO. 1527

AN ACT TO CREATE THE MISSISSIPPI MOBILE SPORTS WAGERING ACT; 1
TO PROVIDE DEFINITIONS FOR THE ACT; TO PROVIDE THAT "ONLINE RACE 2
BOOK" AND "ONLINE SPORTS POOL" BETTING SHALL BE LEGAL IN THIS 3
STATE; TO REQUIRE A PLATFORM THAT OPERATES AN ONLINE SPORTS POOL 4
OR ONLINE RACE BOOK TO A MANUFACTURER'S AND DISTRIBUTOR'S LICENSE; 5
TO AUTHORIZE LICENSED GAMING ESTABLISHMENTS TO CONTRACT WITH NO 6
MORE THAN ONE PLATFORM; TO PROVIDE THAT A PLATFORM SHALL ONLY 7
ACCEPT WAGERS FROM PLAYERS LOCATED IN MISSISSIPPI; TO REQUIRE THE 8
PLATFORM CONTRACT FOR GEOFENCING AND AGE VERIFICATION; TO PROHIBIT 9
PLAY BY ANY PERSON UNDER THE AGE OF 21; TO AMEND SECTIONS 10
97-33-17, 75-76-5 AND 75-76-33, MISSISSIPPI CODE OF 1972, TO 11
CONFORM TO THE PRECEDING SECTIONS; TO AMEND SECTION 75-76-89, 12
MISSISSIPPI CODE OF 1972, TO CLARIFY THE INCLUSION OF ONLINE RACE 13
BOOK AND SPORTS BOOK FOR GAMING LICENSING; TO AMEND SECTION 14
75-76-91, MISSISSIPPI CODE OF 1972, TO REQUIRE THE LICENSED GAMING 15
ESTABLISHMENT TO DISPLAY THE LICENSE OF THE PLATFORM IT IS 16
CONTRACTED WITH; TO AMEND SECTION 75-76-203, MISSISSIPPI CODE OF 17
1972, TO PROVIDE AN EXCEPTION FOR AN OFFICE IN THIS STATE FOR 18
PLATFORMS; TO BRING FORWARD SECTIONS 75-76-211, 75-76-55, 19
75-76-205 AND 75-76-175, MISSISSIPPI CODE OF 1972, WHICH REGULATE 20
CORPORATE GAMING ESTABLISHMENTS, FOR PURPOSES OF AMENDMENT; TO 21
AMEND SECTIONS 75-76-177, 75-76-101 AND 97-33-27, MISSISSIPPI CODE 22
OF 1972, TO CLARIFY CERTAIN PROVISIONS; TO BRING FORWARD SECTIONS 23
97-33-305 AND 97-33-8, MISSISSIPPI CODE OF 1972, WHICH REGULATE 24
GAMING ESTABLISHMENTS, FOR PURPOSES OF AMENDMENT; TO AMEND 25
SECTIONS 97-33-25, 75-76-129 AND 75-76-79, MISSISSIPPI CODE OF 26
1972, TO CLARIFY THE PROVISIONS FOR GAMING; TO BRING FORWARD 27
SECTIONS 97-33-1 AND 97-33-7, WHICH RESTRICT CERTAIN TYPES OF 28
WAGERS, FOR PURPOSES OF AMENDMENT; TO BRING FORWARD SECTIONS 29
7-11-11, 29-1-107, 29-15-1, 29-15-3, 29-15-5, 29-15-9, 29-15-10, 30
29-15-13 AND 59-7-405, MISSISSIPPI CODE OF 1972, WHICH REGULATE 31
THE AUTHORITY OF THE SECRETARY OF STATE REGARDING TIDELANDS, FOR 32
PURPOSES OF AMENDMENT; TO AMEND SECTIONS 59-15-1, 75-76-67, 33
87-1-5, 97-33-25 AND 97-33-27, MISSISSIPPI CODE OF 1972, WHICH ARE 34
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RELATED TO THE POWERS OF THE GAMING COMMISSION, FOR INTERNAL 35
STATUTORY UPDATES; AND FOR RELATED PURPOSES. 36
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 37
SECTION 1. This act shall be known and may be cited as the 38
"Mississippi Mobile Sports Wagering Act". 39
SECTION 2. The following terms shall have the meanings 40
ascribed herein: 41
(a) "Commission" means the Mississippi Gaming 42
Commission as defined in Section 75-76-7. 43
(b) "Executive director" means the Executive Director 44
of the Mississippi Gaming Commission as defined in Section 45
75-76-7. 46
(c) "Game", "Gaming" or "Gambling game" means to deal, 47
operate, carry on, conduct, maintain or expose for play any game 48
as defined in Section 75-76-5. 49
(d) "Gaming license" means any license issued by the 50
state which authorizes the person named therein to engage in 51
gaming as defined in Section 75-76-5. 52
(e) "Gross revenue" means the same as defined in 53
Section 75-76-5. 54
(f) "Interactive gaming" means wagering on any 55
interactive game. 56
(g) "Interactive game" means computerized or virtual 57
versions of any game as defined in Section 75-76-5 or any other 58
game of chance or digital simulation thereof, including, but not 59
limited to, casino themed slot machines or gaming devices, table 60
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games or other such games as approved by the commission for play 61
in a licensed establishment. 62
(h) "Internet" means the term as defined in Section 230 63
of Title II of the Communications Act of 1934, Chapter 652, 110 64
Stat. 137, 47 USCS 230. 65
(i) "Licensed gaming establishment" means any premises 66
licensed by the commission as defined in Section 75-76-5. 67
(j) "Manufacturer's", "seller's", or "distributor's" 68
license means a license issued pursuant to Section 75-76-79 as 69
defined in Section 75-76-5. 70
(k) "Online race book" means a race book as defined by 71
Section 75-76-5 in which wagers are made over the Internet, 72
including on websites, personal computers, mobile phones, or other 73
interactive devices used by an individual to place a race book 74
wager from any location in Mississippi, and accepted by a platform 75
on behalf of the holder of a Mississippi gaming license. 76
(l) "Online sports pool" means a sports pool as defined 77
by Section 75-76-5 in which wagers are made over the Internet, 78
including on websites, personal computers, mobile phones, or other 79
interactive devices used by an individual to place a sports pool 80
wager from any location in Mississippi, and accepted by a platform 81
on behalf of the holder of a Mississippi gaming license. 82
(m) "Platform" means a person or entity that operates 83
an online sports pool, online race book, or both on behalf of the 84
holder of a gaming license. 85
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(n) "Race book" means the business of accepting wagers 86
upon the outcome of any event held at a track which uses the 87
pari-mutuel system of wagering as defined in Section 75-76-5. 88
(o) "Sporting event" means any amateur sport or 89
athletic event, professional sport or athletic event, collegiate 90
sport or athletic event, motor race event, electronic sports 91
event, competitive video game event, or any other event authorized 92
by the Mississippi Gaming Control Act or the commission for 93
wagering under this act. 94
(p) "Sports pool" means the same as the term is defined 95
in Section 75-76-5 and includes the business of accepting wagers 96
on sporting events by any system of wagering including, but not 97
limited to, single-game bets, teaser bets, parlays, over-under, 98
moneyline, pools, exchange-wagering, in-game wagering, in-play 99
bets, proposition bets, and straight bets. The term does not 100
include fantasy contests as defined in Section 97-33-303. 101
SECTION 3. (1) Online sports pools and online race books 102
shall be legal in the State of Mississippi as provided by this 103
act. The provisions of this act shall not be construed to 104
authorize or legalize interactive gaming in the State of 105
Mississippi rather all forms of interactive gaming are expressly 106
prohibited and are illegal in the State of Mississippi, punishable 107
pursuant to the provisions of Section 97-33-1 and other applicable 108
laws. Further, if any person or platform is found by the 109
commission to have engaged in any form of illegal gaming, 110
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including, but not limited to, any form of interactive gaming, 111
then such person and platform will be subject to action by the 112
Mississippi Gaming Commission in accordance with Section 75-76-67. 113
These restrictions will be applied whether the platform or person 114
is found to have engaged in such illegal activity in Mississippi 115
or in any other jurisdiction. 116
(2) (a) A platform that operates an online sports pool, 117
online race book, or both on behalf of the holder of a gaming 118
license in this state must obtain a manufacturer's and 119
distributor's license from the commission in order to offer such 120
services, and such license will be conditioned upon platform 121
abiding by all laws and regulations governing such activities. A 122
platform that already possesses a manufacturer's and distributor's 123
license in the state shall be permitted to operate under the 124
existing license subject to any technical approvals required by 125
the commission to operate an online sports pool, online race book, 126
or both. 127
(b) The licensed gaming establishment, including a 128
platform that operates an online sports pool, online race book or 129
both on behalf of the holder of a gaming licensee, shall report 130
all gaming revenue and pay all taxes for such revenue as provided 131
by state law. 132
(3) A platform that operates an online sports pool, online 133
race book, or both on behalf of the holder of a gaming license in 134
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this state shall be lawfully conducting business in this state in 135
order to comply with the provisions of this act. 136
(4) Application for licensure shall be made to the executive 137
director on forms furnished by the executive director and in 138
accordance with the commission's regulations regarding 139
manufacturer's and distributor's licenses. 140
No platform will be issued a gaming license, rather it shall 141
be required to contract with a licensed casino operator in order 142
to conduct online sports pool or online race book activities in 143
Mississippi. The commission shall only issue a gaming license to 144
a legal gaming establishment located on a premises in a county 145
where gaming may be conducted in accordance with Mississippi law 146
that is operating a casino in a county that has not prohibited 147
gaming by a referendum vote of registered voters pursuant to 148
Section 19-3-79. Should a gaming license expire, be revoked or be 149
suspended, then all such online activities associated with that 150
gaming license will cease until such time that the commission 151
renews the license or issues an order allowing the gaming licensee 152
to recommence its gaming operations. 153
(5) The contractual terms between a licensed gaming operator 154
and the licensed platform shall be consistent with Mississippi 155
law, including, but not limited to, the terms of this Act. 156
(6) The commission shall, from time to time, adopt, amend or 157
repeal such regulations, consistent with the policy, objects and 158
purposes of this chapter, as it may deem necessary or desirable in 159
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the public interest in carrying out the policy and provisions of 160
this chapter. The commission shall comply with the Mississippi 161
Administrative Procedures Law when adopting, amending or repealing 162
any regulations authorized under this section or under any other 163
provision of this chapter. 164
(7) The Commission shall promulgate rules and regulations 165
that require a licensee to implement responsible sport betting 166
programs. Such rules and regulations shall require a licensee to 167
develop a strategic implementation plan with details as to: 168
(a) The use of player data and technology to aid in 169
identifying potential problem gamblers; 170
(b) The use of automated triggers to identify and 171
manage accounts or potential problem gamblers; and 172
(c) The levels of intervention and education 173
provided to identify at-risk players, which shall include at a 174
minimum: 175
(i) A first phase involving communications 176
with the individual in order to educate him or her on the 177
availability of various responsible gaming features and resources 178
offered by the licensee; 179
(ii) A second phase that includes a video 180
tutorial displayed to the individual either as one or multiple 181
videos that provides education on the features and resources 182
available; and 183
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(iii) A third phase, when warranted, that includes 184
access to a list of responsible gaming professionals provided by 185
the licensee to advise the individual on possible corrective 186
actions to address at-risk behavior. 187
(8) The commission shall establish, via administrative order 188
or regulation, a universal start date for all licensed online 189
sports pool platforms and all licensed online race book platforms 190
to commence accepting online wagers outside of a licensed gaming 191
premises. This universal start date shall be no later than 192
December 8, 2026. 193
SECTION 4. (1) Each licensed establishment may enter into 194
contracts with no more than two (2) platforms to operate an online 195
sports pool and no more than two (2) online race book platforms to 196
operate online race book. Each platform may, but is not required 197
to, offer both an online sports pool and an online race book. No 198
platform, individually or collectively with any other platform or 199
other party, shall take any action that would restrict or limit a 200
single casino license holder, or a group of casino license 201
holders, from offering online sports pool or online race book 202
services to customers. The commission shall maintain a list of 203
licensed platforms to be made available to licensed casino 204
operators. If a platform receives a request from a licensed 205
casino operator to discuss business terms related to providing 206
online sports pool or online race book services to its customers, 207
then the platform will engage in good-faith discussions with the 208
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licensed casino operator. The platform will be subject to 209
Sections 75-76-157 through 75-76-173 and subject to regulations 210
authorized under this act, as well as the Mississippi Gaming 211
Control Act, which may require a platform to appear before the 212
commission or in a court proceeding to respond to any player 213
dispute or an order to show cause issued by the commission. 214
Notwithstanding any provision of law to the contrary, a platform 215
may, on behalf of its gaming license holder, determine whether to 216
accept or reject wagers, determine the results of wagers, and 217
payout winning wagers. 218
(2) A platform, on behalf of the holder of a gaming license 219
in this state, may accept online sports pool and online race book 220
wagers placed over the Internet, including on websites and the use 221
of a personal computer, mobile phone, or other interactive device 222
used by an individual to place a sports pool or race book wager, 223
subject to the following: 224
(a) All players shall establish a wagering account and 225
an initial identification and age verification shall be conducted 226
before any wager by the player may be accepted by the platform. A 227
player may establish a wagering account with a platform in person 228
at a licensed establishment or over the Internet, including on 229
websites and mobile or interactive devices. 230
(b) A platform, on behalf of the holder of a gaming 231
license in this state, shall accept wagers only from players 232
located in Mississippi. A platform shall maintain geofencing or 233
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geolocating services and pay all costs and responsibilities 234
related to such services required by the commission. Servers, 235
including the use of backup servers, may be located outside of 236
this state, consistent with federal law. To the extent required 237
by federal law, a platform shall maintain in this state the 238
servers it uses to accept wagers on an online sports pool or 239
online race book placed by bettors located in this state. A 240
platform shall comply with all identification verification 241
requirements and will take other commercially reasonable steps to 242
prevent compulsive and problem gaming and to ensure that no person 243
who is restricted or who is ineligible to participate in online 244
gaming is able to use the platform to place bets or wagers on 245
events. 246
(c) A platform shall take commercially reasonable steps 247
to prevent any person who is self-excluded from entering a gaming 248
property in Mississippi from opening an online wagering account. 249
The Mississippi Gaming Commission shall maintain this list of 250
individuals and provide it to platforms on a regular basis. 251
(d) A platform, in addition, shall take commercially 252
reasonable steps to ensure that any person who is a player, a 253
coach, umpire, or referee or who is otherwise associated with a 254
collegiate team or a professional team or an athletic event, are 255
prohibited from wagering on sporting events for which they are 256
affiliated. The Mississippi Gaming Commission shall maintain this 257
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list of individuals and provide it to platforms on a regular 258
basis. 259
The platform should further alert customers that violating 260
this restriction or aiding any person who is a minor, a 261
self-excluded person or any other person who is otherwise 262
restricted from wagering online to circumvent such restrictions 263
(either intentionally or in failing to use reasonable steps to 264
properly secure a device), shall be disqualified from 265
participating in any form or online gaming thereafter. 266
(e) A person under the age of twenty-one (21) years 267
shall not play, be allowed to play, place wagers, or collect 268
winnings, whether personally or through an agent, from any online 269
sports pool or online race book authorized under this chapter. 270
(f) A platform shall comply with all identification 271
verification and compulsive and problem gambling protections set 272
forth in law or rule. 273
(3) Subject to the regulations of the commission, a platform 274
shall report to the commission: 275
(a) Any criminal proceeding commenced against the 276
platform or its employees in connection with the platform's 277
operations in Mississippi. 278
(b) Any abnormal betting activity or patterns that may 279
indicate a concern about the integrity of a sporting event or 280
athletic event. 281
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(c) Any other conduct indicating corruption of the 282
betting outcome of a sporting event or athletic event for 283
financial gain, including, but not limited to, match fixing as 284
well as any restricted person wagering on an event in which they 285
are participating or otherwise affiliated. 286
(d) Suspicious or illegal wagering activities, 287
including the use of funds derived from illegal activity, wagers 288
to conceal or launder funds derived from illegal activity, use of 289
agents to place wagers, or use of false identification. In such a 290
case where information reported from paragraphs (a) through (d), 291
the platform shall work together with the licensed casino operator 292
and the commission to investigate such matters and to ensure that 293
the accounts affected by or associated with such circumstances are 294
suspended at least until such time that the commission is able to 295
fully investigate the matters and determine the appropriate 296
enforcement action. 297
(4) A dispute over winnings with respect to an online race 298
book or online sports pool shall be resolved under the procedures 299
set forth in Sections 75-76-157 through 75-76-173. 300
SECTION 5. Gross revenue from a platform operating an online 301
race book or an online sports pool on behalf of the holder of a 302
gaming license shall be subject to the license fees and credits 303
under Sections 75-76-177, 75-76-179, 75-76-181 and 75-76-185. 304
SECTION 6. (1) There is hereby created the "Mobile Sports 305
Wagering Tax Fund", which shall consist of taxes and fees 306
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generated and collected under the Mobile Sports Wagering Act. The 307
Department of Revenue shall be custodian of the fund. Any 308
interest and monies earned on such investments shall be credited 309
to the fund. The fund shall be a dedicated fund and shall be 310
distributed as follows: 311
(a) (i) Until June 30, 2030, the first Six Million 312
Dollars ($6,000,000.00) deposited to the Mobile Sports Wagering 313
Tax Fund each year shall be transferred into the Retail Sports 314
Wagering Protection Fund, which is created in subsection (2) of 315
this section. At the end of each calendar year, any licensed 316
gaming establishment without a platform whose total annual sports 317
wagering revenue is below the total annual retail sports wagering 318
revenue the same licensed gaming establishment without a platform 319
received in 2026 may apply for a portion of the funds in the 320
Retail Sports Wagering Protection Fund. The commission shall 321
allocate funds in the Retail Sports Wagering Protection Fund 322
proportionately among eligible applicants, but in no case shall a 323
licensed gaming establishment without a platform receive more 324
funds than the amount of the difference between its current year 325
retail sports wagering revenue and 2026 sports wagering revenue. 326
Any funds remaining in the Retail Sports Wagering Protection Fund 327
after this distribution shall be returned to the Mobile Sports 328
Wagering Tax fund for distribution in compliance with subparagraph 329
(ii). 330
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(ii) Until June 30, 2030, the remainder of funds 331
in the Mobile Sports Wagering Tax Fund shall be paid on or before 332
the last day of each month by the Department of Revenue to the 333
State Treasurer to be deposited in the Employers' Accumulation 334
Account of the Public Employees' Retirement System created in 335
Section 25-11-123(c), Mississippi Code of 1972. 336
(b) From and after July 1, 2030, all monies which shall 337
consist of taxes and fees generated and collected under the Mobile 338
Sports Wagering Act and deposited to the Mobile Sports Wagering 339
Tax Fund shall be paid on or before the last day of each month by 340
the Department of Revenue to the State Treasurer to be deposited 341
in the Employers' Accumulation Account of the Public Employees' 342
Retirement System created in Section 25-11-123(c), Mississippi 343
Code of 1972. 344
(2) There is hereby created the "Retail Sports Wagering 345
Protection Fund", which shall consist of taxes and fees 346
transferred from the Mobile Sports Wagering Tax Fund as described 347
in subsection (1) of this act. 348
SECTION 7. Section 97-33-17, Mississippi Code of 1972, is 349
amended as follows: 350
97-33-17. (1) All monies exhibited for the purpose of 351
betting or alluring persons to bet at any game, and all monies 352
staked or betted, shall be liable to seizure by any sheriff, 353
constable, or police officer, together with all the appliances 354
used or kept for use in gambling, or by any other person; and all 355
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the monies so seized shall be accounted for by the person making 356
the seizure, and all appliances seized shall be destroyed; 357
provided, however, this section shall not apply to betting, gaming 358
or wagering * * *: 359
(a) On a cruise vessel as defined in Section 27-109-1 360
whenever such vessel is in the waters within the State of 361
Mississippi, which lie adjacent to the State of Mississippi south 362
of the three (3) most southern counties in the State of 363
Mississippi, including the Mississippi Sound, St. Louis Bay, 364
Biloxi Bay and Pascagoula Bay, and in which the registered voters 365
of the county in which the port is located have not voted to 366
prohibit such betting, gaming or wagering on cruise vessels as 367
provided in Section 19-3-79; 368
(b) In a structure located in whole or in part on shore 369
in any of the three (3) most southern counties in the State of 370
Mississippi in which the registered voters of the county have 371
voted to allow such betting, gaming or wagering on cruise vessels 372
as provided in Section 19-3-79, if: 373
(i) The structure is owned, leased or controlled 374
by a person possessing a gaming license, as defined in Section 375
75-76-5, to conduct legal gaming on a cruise vessel under 376
paragraph (a) of this subsection; 377
(ii) The part of the structure in which licensed 378
gaming activities are conducted is located entirely in an area 379
which is located no more than eight hundred (800) feet from the 380
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mean high water line (as defined in Section 29-15-1) of the waters 381
within the State of Mississippi, which lie adjacent to the State 382
of Mississippi south of the three (3) most southern counties in 383
the State of Mississippi, including the Mississippi Sound, St. 384
Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to 385
Harrison County only, no farther north than the southern boundary 386
of the right-of-way for U.S. Highway 90, whichever is greater; and 387
(iii) In the case of a structure that is located 388
in whole or part on shore, the part of the structure in which 389
licensed gaming activities are conducted shall lie adjacent to 390
state waters south of the three (3) most southern counties in the 391
State of Mississippi, including the Mississippi Sound, St. Louis 392
Bay, Biloxi Bay and Pascagoula Bay. When the site upon which the 393
structure is located consists of a parcel of real property, 394
easements and rights-of-way for public streets and highways shall 395
not be construed to interrupt the contiguous nature of the parcel, 396
nor shall the footage contained within the easements and 397
rights-of-way be counted in the calculation of the distances 398
specified in subparagraph (ii) * * *; 399
(c) A vessel as defined in Section 27-109-1 whenever 400
such vessel is on the Mississippi River or navigable waters within 401
any county bordering on the Mississippi River, and in which the 402
registered voters of the county in which the port is located have 403
not voted to prohibit such betting, gaming or wagering on vessels 404
as provided in Section 19-3-79; or 405
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(d) That is legal under the laws of the State of 406
Mississippi. 407
(2) Nothing in this section shall apply to any gambling 408
device, machine or equipment that is owned, possessed, controlled, 409
installed, procured, repaired or transported in accordance with 410
subsection (4) of Section 97-33-7. 411
SECTION 8. Section 75-76-5, Mississippi Code of 1972, is 412
amended as follows: 413
75-76-5. As used in this chapter, unless the context 414
requires otherwise: 415
(a) "Applicant" means any person who has applied for or 416
is about to apply for a state gaming license, registration or 417
finding of suitability under the provisions of this chapter or 418
approval of any act or transaction for which approval is required 419
or permitted under the provisions of this chapter. 420
(b) "Application" means a request for the issuance of a 421
state gaming license, registration or finding of suitability under 422
the provisions of this chapter or for approval of any act or 423
transaction for which approval is required or permitted under the 424
provisions of this chapter but does not include any supplemental 425
forms or information that may be required with the application. 426
(c) "Associated equipment" means any equipment or 427
mechanical, electromechanical or electronic contrivance, component 428
or machine used remotely or directly in connection with gaming or 429
with any game, race book or sports pool that would not otherwise 430
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be classified as a gaming device, including dice, playing cards, 431
links which connect to progressive slot machines, equipment which 432
affects the proper reporting of gross revenue, computerized 433
systems of betting at a race book or sports pool, computerized 434
systems for monitoring slot machines, and devices for weighing or 435
counting money. 436
(d) "Chairman" means the Chairman of the Mississippi 437
Gaming Commission except when used in the term "Chairman of the 438
State Tax Commission." "Chairman of the State Tax Commission" or 439
"commissioner" means the Commissioner of Revenue of the Department 440
of Revenue. 441
(e) "Commission" or "Mississippi Gaming Commission" 442
means the Mississippi Gaming Commission. 443
(f) "Commission member" means a member of the 444
Mississippi Gaming Commission. 445
(g) "Credit instrument" means a writing which evidences 446
a gaming debt owed to a person who holds a license at the time the 447
debt is created, and includes any writing taken in consolidation, 448
redemption or payment of a prior credit instrument. 449
(h) "Enforcement division" means a particular division 450
supervised by the executive director that provides enforcement 451
functions. 452
(i) "Establishment" means any premises wherein or 453
whereon any gaming is done. 454
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(j) "Executive director" means the Executive Director 455
of the Mississippi Gaming Commission. 456
(k) Except as otherwise provided by law, "game," or 457
"gambling game" means any banking or percentage game played with 458
cards, with dice or with any mechanical, electromechanical or 459
electronic device or machine for money, property, checks, credit 460
or any representative of value, including, without limiting, the 461
generality of the foregoing, faro, monte, roulette, keno, fan tan, 462
twenty one, blackjack, seven and a half, big injun, klondike, 463
craps, poker, chuck a luck (dai shu), wheel of fortune, chemin de 464
fer, baccarat, pai gow, beat the banker, panguingui, slot machine, 465
or any other game or device approved by the commission. However, 466
"game" or "gambling game" shall not include bingo games or raffles 467
which are held pursuant to the provisions of Section 97-33-51, or 468
the illegal gambling activities described in Section 97-33-8. 469
The commission shall not be required to recognize any game 470
hereunder with respect to which the commission determines it does 471
not have sufficient experience or expertise. 472
(l) "Gaming" or "gambling" means to deal, operate, 473
carry on, conduct, maintain or expose for play any game as defined 474
in this chapter. 475
(m) "Gaming device" means any mechanical, 476
electromechanical or electronic contrivance, component or machine 477
used in connection with gaming or any game which affects the 478
result of a wager by determining win or loss. The term includes a 479
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system for processing information which can alter the normal 480
criteria of random selection, which affects the operation of any 481
game, or which determines the outcome of a game. The term does 482
not include a system or device which affects a game solely by 483
stopping its operation so that the outcome remains undetermined, 484
and does not include any antique coin machine as defined in 485
Section 27-27-12. 486
(n) "Gaming employee" means any person connected 487
directly with the operation of a gaming establishment licensed to 488
conduct any game, including: 489
(i) Boxmen; 490
(ii) Cashiers; 491
(iii) Change personnel; 492
(iv) Counting room personnel; 493
(v) Dealers; 494
(vi) Floormen; 495
(vii) Hosts or other persons empowered to extend 496
credit or complimentary services; 497
(viii) Keno runners; 498
(ix) Keno writers; 499
(x) Machine mechanics; 500
(xi) Security personnel; 501
(xii) Shift or pit bosses; 502
(xiii) Shills; 503
(xiv) Supervisors or managers; and 504
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(xv) Ticket writers. 505
The term "gaming employee" also includes employees of 506
manufacturers or distributors of gaming equipment within this 507
state whose duties are directly involved with the manufacture, 508
repair or distribution of gaming equipment. 509
"Gaming employee" does not include bartenders, cocktail 510
waitresses or other persons engaged in preparing or serving food 511
or beverages unless acting in some other capacity. 512
(o) "Gaming license" means any license issued by the 513
state which authorizes the person named therein to engage in 514
gaming. 515
(p) "Gross revenue" means the total of all of the 516
following, less the total of all cash paid out as losses to 517
patrons and those amounts paid to purchase annuities to fund 518
losses paid to patrons over several years by independent financial 519
institutions: 520
(i) Cash received as winnings; 521
(ii) Cash received in payment for credit extended 522
by a licensee to a patron for purposes of gaming; and 523
(iii) Compensation received for conducting any 524
game in which the licensee is not party to a wager. 525
For the purposes of this definition, cash or the value of 526
noncash prizes awarded to patrons in a contest or tournament are 527
not losses. 528
The term does not include: 529
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(i) Counterfeit money or tokens; 530
(ii) Coins of other countries which are received 531
in gaming devices; 532
(iii) Cash taken in fraudulent acts perpetrated 533
against a licensee for which the licensee is not reimbursed; or 534
(iv) Cash received as entry fees for contests or 535
tournaments in which the patrons compete for prizes. 536
(q) "Hearing examiner" means a member of the 537
Mississippi Gaming Commission or other person authorized by the 538
commission to conduct hearings. 539
(r) "Investigation division" means a particular 540
division supervised by the executive director that provides 541
investigative functions. 542
(s) "License" means a gaming license or a 543
manufacturer's, seller's or distributor's license. 544
(t) "Licensee" means any person to whom a valid license 545
has been issued. 546
(u) "License fees" means monies required by law to be 547
paid to obtain or continue a gaming license or a manufacturer's, 548
seller's or distributor's license. 549
(v) "Licensed gaming establishment" means any premises 550
licensed pursuant to the provisions of this chapter wherein or 551
whereon gaming is done. 552
(w) "Manufacturer's," "seller's" or "distributor's" 553
license means a license issued pursuant to Section 75-76-79. 554
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(x) "Navigable waters" shall have the meaning ascribed 555
to such term under Section 27-109-1. 556
(y) "Operation" means the conduct of gaming. 557
(z) "Party" means the Mississippi Gaming Commission and 558
any licensee or other person appearing of record in any proceeding 559
before the commission; or the Mississippi Gaming Commission and 560
any licensee or other person appearing of record in any proceeding 561
for judicial review of any action, decision or order of the 562
commission. 563
(aa) "Person" includes any association, corporation, 564
firm, partnership, trust or other form of business association as 565
well as a natural person. 566
(bb) "Premises" means land, together with all 567
buildings, improvements and personal property located thereon, and 568
includes all parts of any vessel or cruise vessel. 569
(cc) "Race book" means the business of accepting wagers 570
upon the outcome of any event held at a track which uses the 571
pari-mutuel system of wagering and includes "online race book" as 572
defined by this act. 573
(dd) "Regulation" means a rule, standard, directive or 574
statement of general applicability which effectuates law or policy 575
or which describes the procedure or requirements for practicing 576
before the commission. The term includes a proposed regulation 577
and the amendment or repeal of a prior regulation but does not 578
include: 579
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(i) A statement concerning only the internal 580
management of the commission and not affecting the rights or 581
procedures available to any licensee or other person; 582
(ii) A declaratory ruling; 583
(iii) An interagency memorandum; 584
(iv) The commission's decision in a contested case 585
or relating to an application for a license; or 586
(v) Any notice concerning the fees to be charged 587
which are necessary for the administration of this chapter. 588
(ee) "Respondent" means any licensee or other person 589
against whom a complaint has been filed with the commission. 590
(ff) "Slot machine" means any mechanical, electrical or 591
other device, contrivance or machine which, upon insertion of a 592
coin, token or similar object, or upon payment of any 593
consideration, is available to play or operate, the play or 594
operation of which, whether by reason of the skill of the operator 595
or application of the element of chance, or both, may deliver or 596
entitle the person playing or operating the machine to receive 597
cash, premiums, merchandise, tokens or anything of value, whether 598
the payoff is made automatically from the machine or in any other 599
manner. The term does not include any antique coin machine as 600
defined in Section 27-27-12. 601
(gg) "Sports pool" means the business of accepting 602
wagers on collegiate or professional sporting events or athletic 603
events, by any system or method of wagering other than the system 604
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known as the "pari-mutuel method of wagering * * *, and includes 605
"online sports pool" as defined by this act. 606
(hh) "State Tax Commission" or "department" means the 607
Department of Revenue of the State of Mississippi. 608
(ii) "Temporary work permit" means a work permit which 609
is valid only for a period not to exceed ninety (90) days from its 610
date of issue and which is not renewable. 611
(jj) "Vessel" or "cruise vessel" shall have the 612
meanings ascribed to such terms under Section 27-109-1. 613
(kk) "Work permit" means any card, certificate or 614
permit issued by the commission, whether denominated as a work 615
permit, registration card or otherwise, authorizing the employment 616
of the holder as a gaming employee. A document issued by any 617
governmental authority for any employment other than gaming is not 618
a valid work permit for the purposes of this chapter. 619
(ll) "School or training institution" means any school 620
or training institution which is licensed by the commission to 621
teach or train gaming employees pursuant to Section 75-76-34. 622
(mm) "Cheat" means to alter the selection of criteria 623
that determine: 624
(i) The rules of a game; or 625
(ii) The amount or frequency of payment in a game. 626
(nn) "Promotional activity" means an activity or event 627
conducted or held for the purpose of promoting or marketing the 628
individual licensed gaming establishment that is engaging in the 629
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promotional activity. The term includes, but is not limited to, a 630
game of any kind other than as defined in paragraph (k) of this 631
section, a tournament, a contest, a drawing, or a promotion of any 632
kind. 633
SECTION 9. Section 75-76-33, Mississippi Code of 1972, is 634
amended as follows: 635
75-76-33. (1) The commission shall, from time to time, 636
adopt, amend or repeal such regulations, consistent with the 637
policy, objects and purposes of this chapter, as it may deem 638
necessary or desirable in the public interest in carrying out the 639
policy and provisions of this chapter. The commission shall 640
comply with the Mississippi Administrative Procedures Law when 641
adopting, amending or repealing any regulations authorized under 642
this section or under any other provision of this chapter. 643
(2) These regulations shall, without limiting the general 644
powers herein conferred, include the following: 645
(a) Prescribing the method and form of application 646
which any applicant for a license or for a manufacturer's, 647
seller's or distributor's license must follow and complete before 648
consideration of his application by the executive director or the 649
commission. 650
(b) Prescribing the information to be furnished by any 651
applicant or licensee concerning his antecedents, habits, 652
character, associates, criminal record, business activities and 653
financial affairs, past or present. 654
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(c) Prescribing the information to be furnished by a 655
licensee relating to his employees. 656
(d) Requiring fingerprinting of an applicant or 657
licensee, and gaming employees of a licensee, or other methods of 658
identification and the forwarding of all fingerprints taken 659
pursuant to regulation of the Federal Bureau of Investigation. 660
(e) Prescribing the manner and procedure of all 661
hearings conducted by the commission or any hearing examiner of 662
the commission, including special rules of evidence applicable 663
thereto and notices thereof. 664
(f) Requiring any applicant to pay all or any part of 665
the fees and costs of investigation of such applicant as may be 666
determined by the commission under paragraph (g) of this 667
subsection (2). 668
(g) Prescribing the amounts of investigative fees only 669
as authorized by regulations of the commission under paragraph (f) 670
of this subsection, and collecting those fees. The commission 671
shall adopt regulations setting the amounts of those fees at 672
levels that will provide the commission with sufficient revenue, 673
when combined with any other monies as may be deposited into the 674
Mississippi Gaming Commission Fund created in Section 75-76-325, 675
to carry out the provisions of this chapter without any state 676
general funds. In calculating the amount of such fees, the 677
commission shall: 678
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(i) Attempt to set the fees at levels that will 679
create a balance in the Mississippi Gaming Commission Fund that 680
does not exceed, at the end of any state fiscal year, two percent 681
(2%) of the projected amount of funds that will provide the 682
commission with such sufficient revenue; and 683
(ii) Demonstrate the reasonableness of the 684
relationship between a fee and the actual costs of the 685
investigative activity for which the fee is being prescribed. 686
(h) Prescribing the manner and method of collection and 687
payment of fees and issuance of licenses. 688
(i) Prescribing under what conditions a licensee may be 689
deemed subject to revocation or suspension of his license. 690
(j) Requiring any applicant or licensee to waive any 691
privilege with respect to any testimony at any hearing or meeting 692
of the commission, except any privilege afforded by the 693
Constitution of the United States or this state. 694
(k) Defining and limiting the area, games and devices 695
permitted, and the method of operation of such games and devices, 696
for the purposes of this chapter. 697
(l) Prescribing under what conditions the nonpayment of 698
a gambling debt by a licensee shall be deemed grounds for 699
revocation or suspension of his license. 700
(m) Governing the use and approval of gambling devices 701
and equipment. 702
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(n) Prescribing the qualifications of, and the 703
conditions under which, attorneys, accountants and others are 704
permitted to practice before the commission. 705
(o) Restricting access to confidential information 706
obtained under this chapter and ensuring that the confidentiality 707
of such information is maintained and protected. 708
(p) Prescribing the manner and procedure by which the 709
executive director on behalf of the commission shall notify a 710
county or a municipality wherein an applicant for a license 711
desires to locate. 712
(q) Prescribing the manner and procedure for an 713
objection to be filed with the commission and the executive 714
director by a county or municipality wherein an applicant for a 715
license desires to locate. 716
(3) Notwithstanding any other provision of law, each 717
licensee shall be required to comply with the regulation that no 718
wager may be placed by, or on behalf of, any individual or entity 719
or group, not present on a licensed vessel or cruise vessel, 720
except through an online sports pool or online race book, or as 721
otherwise provided by this act. 722
(4) From and after July 1, 2016, the expenses of this agency 723
shall be defrayed by appropriation from the State General Fund and 724
all user charges and fees authorized under this section shall be 725
deposited into the State General Fund as authorized by law. 726
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(5) From and after July 1, 2016, no state agency shall 727
charge another state agency a fee, assessment, rent or other 728
charge for services or resources received by authority of this 729
section. 730
SECTION 10. Section 75-76-89, Mississippi Code of 1972, is 731
amended as follows: 732
75-76-89. (1) Except as otherwise provided in subsection 733
( * * *2) of this section, all licenses issued to the same person, 734
including a wholly owned subsidiary of that person, for the 735
operation of any game, including a sports pool or race book, 736
whether online or in person, which authorize gaming at the same 737
establishment must be merged into a single gaming license. A 738
gaming license may not be issued to any person if the issuance 739
would result in more than one (1) licensed operation at a single 740
establishment, unless authorized by this act whether or not the 741
profits or revenue from gaming are shared between the licensed 742
operations. This shall in no way be interpreted to mean that a 743
platform is the holder of a gaming license. 744
(2) A person who has been issued a gaming license may 745
establish a sports pool or race book on the premises of the 746
establishment at which he or she conducts a gaming operation only 747
after obtaining permission from the executive director which 748
permission shall be subject to approval of the terms of any 749
contracts to ensure compliance with state gaming laws entered by 750
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the gaming licensee with a licensed platform and any other such 751
third parties providing related services. 752
SECTION 11. Section 75-76-91, Mississippi Code of 1972, is 753
amended as follows: 754
75-76-91. (1) All licenses issued under the provisions of 755
this chapter must be posted by the licensee and kept posted at all 756
times in a conspicuous place in the establishment for which issued 757
until replaced by a succeeding license. The gaming licensee shall 758
also conspicuously post the license for the platform used in its 759
establishment. 760
(2) All licenses may be inspected by authorized state, 761
county and municipal officials. 762
SECTION 12. Section 75-76-129, Mississippi Code of 1972, is 763
amended as follows: 764
[Through June 30, 2028, this section shall read as follows:] 765
75-76-129. (1) On or before the last day of each month all 766
taxes, fees, interest, penalties, damages, fines or other monies 767
collected by the Department of Revenue during that month under the 768
provisions of this chapter, with the exception of (a) the local 769
government fees imposed under Section 75-76-195, and (b) an amount 770
equal to Three Million Dollars ($3,000,000.00) of the revenue 771
collected pursuant to the fee imposed under Section 772
75-76-177(1)(c), * * * (c) the revenue collected pursuant to the 773
fee imposed under Section 75-76-177(1)(c) as a result of wagers on 774
sporting events and (d) the revenue collected pursuant to the 775
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Mobile Sports Wagering Act from online sports pools and online 776
racebooks shall be paid by the Department of Revenue to the State 777
Treasurer to be deposited in the State General Fund. The local 778
government fees shall be distributed by the Department of Revenue 779
pursuant to Section 75-76-197. 780
(2) An amount equal to Three Million Dollars ($3,000,000.00) 781
of the revenue collected during that month pursuant to the fee 782
imposed under Section 75-76-177(1)(c) shall be deposited by the 783
Department of Revenue into the bond sinking fund created in 784
Section 1(3) of Chapter 479, Laws of 2015. 785
(3) Revenue collected pursuant to the fee imposed under 786
Section 75-76-177(1)(c) as a result of wagers on sporting events 787
shall be deposited into the State Highway Fund to be used solely 788
for the repair and maintenance of highways and bridges of the 789
State of Mississippi. This revenue shall be used first for 790
matching funds made available to the state for such purposes 791
pursuant to any federal highway infrastructure program implemented 792
after September 1, 2018. 793
(4) Revenue collected pursuant to the fee imposed pursuant 794
to Section 75-76-177(c) as a result of wagers on online sports 795
pools and online race books shall be deposited into the "Mobile 796
Sports Wagering Tax Fund" as provided in Section 6 of this act. 797
[From and after July 1, 2028, this section shall read as 798
follows:] 799
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75-76-129. (1) On or before the last day of each month all 800
taxes, fees, interest, penalties, damages, fines or other monies 801
collected by the Department of Revenue during that month under the 802
provisions of this chapter, with the exception of (a) the local 803
government fees imposed under Section 75-76-195, * * * (b) an 804
amount equal to Three Million Dollars ($3,000,000.00) of the 805
revenue collected pursuant to the fee imposed under Section 806
75-76-177(1)(c), and (c) the revenue collected pursuant to the 807
Mobile Sports Wagering Act from online sports pools and online 808
racebooks shall be paid by the Department of Revenue to the State 809
Treasurer to be deposited in the State General Fund. The local 810
government fees shall be distributed by the Department of Revenue 811
pursuant to Section 75-76-197. An amount equal to Three Million 812
Dollars ($3,000,000.00) of the revenue collected during that month 813
pursuant to the fee imposed under Section 75-76-177(1)(c) shall be 814
deposited by the Department of Revenue into the bond sinking fund 815
created in Section 1(3) of Chapter 479, Laws of 2015. 816
(2) Revenue collected pursuant to the fee imposed 817
pursuant to Section 75-76-177(c) as a result of wagers on online 818
sports pools and online race books shall be deposited into the 819
"Mobile Sports Wagering Tax Fund" as provided in Section 6 of this 820
act. 821
SECTION 13. Section 75-76-203, Mississippi Code of 1972, is 822
amended as follows: 823
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75-76-203. In order to be eligible to receive a state gaming 824
license, a corporation shall: 825
(a) Be incorporated: 826
(i) In the State of Mississippi, although such 827
corporation may be a wholly or partly owned subsidiary of a 828
corporation which is chartered in another state of the United 829
States; or 830
(ii) In another state of the United States, if all 831
persons having any direct or indirect interest of any nature in 832
such corporation are licensed as required by this chapter and any 833
applicable regulations of the commission; 834
(b) Maintain an office of the corporation on the 835
licensed premises, except for any platform that operates on behalf 836
of a holder of a gaming license in this state; 837
(c) Comply with all of the requirements of the laws of 838
the State of Mississippi pertaining to corporations; and 839
(d) Maintain a ledger in the principal office of the 840
corporation in Mississippi, which shall: 841
(i) At all times reflect the ownership of every 842
class of security issued by the corporation; and 843
(ii) Be available for inspection by the commission 844
or the executive director or his employees at all reasonable times 845
without notice. 846
SECTION 14. Section 75-76-205, Mississippi Code of 1972, is 847
brought forward as follows: 848
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75-76-205. No domestic corporation is eligible to receive a 849
gaming license unless it is in good standing in this state. No 850
foreign corporation is eligible to receive a gaming license unless 851
it qualifies to do business in this state. 852
SECTION 15. Section 75-76-211, Mississippi Code of 1972, is 853
brought forward as follows: 854
75-76-211. All officers and directors of the corporation 855
which holds or applies for a state gaming license must be licensed 856
individually, according to the provisions of this chapter; and if, 857
in the judgment of the commission, the public interest will be 858
served by requiring any or all of the corporation's individual 859
stockholders, lenders, holders of evidences of indebtedness, 860
underwriters, key executives, agents or employees to be licensed, 861
the corporation shall require such persons to apply for a license 862
in accordance with the laws and requirements in effect at the time 863
the commission requires such licensing. A person who is required 864
to be licensed by this section shall apply for a license within 865
thirty (30) days after he becomes an officer or director. A 866
person who is required to be licensed pursuant to a decision of 867
the commission shall apply for a license within thirty (30) days 868
after the executive director requests him to do so. 869
SECTION 16. Section 75-76-55, Mississippi Code of 1972, is 870
brought forward as follows: 871
75-76-55. (1) Except as otherwise provided in Section 872
75-76-34, it is unlawful for any person, either as owner, lessee 873
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or employee, whether for hire or not, either solely or in 874
conjunction with others, without having first procured and 875
thereafter maintaining in effect a state gaming license: 876
(a) To deal, operate, carry on, conduct, maintain or 877
expose for play in the State of Mississippi any gambling game, 878
including, without limitation, any gaming device, slot machine, 879
race book or sports pool; 880
(b) To provide or maintain any information service the 881
primary purpose of which is to aid the placing or making of wagers 882
on events of any kind; or 883
(c) To receive, directly or indirectly, any 884
compensation or reward or any percentage or share of the money or 885
property played, for keeping, running or carrying on any gambling 886
game, including, without limitation, any slot machine, gaming 887
device, race book or sports pool. 888
(2) Except as otherwise provided in Section 75-76-34, it is 889
unlawful for any person knowingly to permit any gambling game, 890
including, without limitation, any slot machine, gaming device, 891
race book or sports pool to be conducted, operated, dealt or 892
carried on in any house or building or other premises owned by 893
him, in whole or in part, by a person who is not licensed pursuant 894
to this chapter or by his employee. 895
SECTION 17. Section 75-76-79, Mississippi Code of 1972, is 896
amended as follows: 897
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75-76-79. (1) (a) Except as otherwise provided in 898
paragraphs (b) and (c) of this subsection, it is unlawful for any 899
person, either as owner, lessee or employee, whether for hire or 900
not, to operate, carry on, conduct or maintain any form of 901
manufacture, selling or distribution of any gaming device for use 902
or play in Mississippi or for distribution outside of Mississippi 903
without first procuring and maintaining all required federal and 904
state licenses. 905
(b) A lessor who specifically acquires equipment for a 906
capital lease is not required to be licensed under this section. 907
(c) The holder of a state gaming license or the holding 908
company of a corporate licensee may, within two (2) years after 909
cessation of business or upon specific approval by the executive 910
director, dispose of by sale in a manner approved by the executive 911
director, any or all of its gaming devices, including slot 912
machines, without a distributor's license. In cases of bankruptcy 913
of a state gaming licensee or foreclosure of a lien by a bank or 914
other person holding a security interest for which gaming devices 915
are security, in whole or in part, for the lien, the executive 916
director may authorize the disposition of the gaming devices 917
without requiring a distributor's license. 918
(d) Any person whom the commission determines is a 919
suitable person to receive a license under the provisions of this 920
section may be issued a manufacturer's or distributor's license. 921
The burden of proving his qualification to receive or hold a 922
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license under this section is at all times on the applicant or 923
licensee. 924
(e) Every person who must be licensed pursuant to this 925
section is subject to the provisions of Sections 75-76-199 through 926
75-76-265, unless exempted from those provisions by the 927
commission. 928
(f) The commission may exempt, for any purpose, a 929
manufacturer, seller or distributor from the provisions of 930
Sections 75-76-199 through 75-76-265, if the commission determines 931
that the exemption is consistent with the purposes of this 932
chapter. 933
(g) As used in this section, "holding company" has the 934
meaning ascribed to it in Section 75-76-199. 935
(2) If the commission determines that a manufacturer or 936
distributor is unsuitable to receive or hold a license: 937
(a) No new gaming device or associated equipment 938
manufactured by the manufacturer or distributed by the distributor 939
may be approved; 940
(b) Any previously approved device or associated 941
equipment manufactured by the manufacturer or distributed by the 942
distributor is subject to revocation of approval if the reasons 943
for the denial of the license also apply to that device or 944
associated equipment; 945
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(c) No new device or associated equipment manufactured 946
by the manufacturer or distributed by the distributor may be sold, 947
transferred or offered for use or play in Mississippi; and 948
(d) Any association or agreement between the 949
manufacturer or distributor and a licensee must be terminated, 950
unless otherwise provided by the commission. An agreement between 951
such a manufacturer or distributor of gaming devices or associated 952
equipment and a licensee shall be deemed to include a provision 953
for its termination without liability on the part of the licensee 954
upon a finding by the commission that the manufacturer is 955
unsuitable to be associated with a gaming enterprise. Failure to 956
include that condition in the agreement is not a defense in any 957
action brought pursuant to this section to terminate the 958
agreement. 959
(3) Failure of a licensee to terminate any association or 960
agreement with a manufacturer or distributor of gaming devices or 961
associated equipment after receiving notice of a determination of 962
unsuitability, the denial of a license or failure to file a timely 963
application for a license, is an unsuitable method of operation. 964
(4) There is hereby imposed and levied on each applicant for 965
a manufacturer's, seller's or distributor's license under this 966
section an annual license fee in the following amount: 967
(a) For the issuance or continuation of a 968
manufacturer's license, One Thousand Dollars ($1,000.00). 969
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(b) For the issuance or continuation of a seller's or 970
distributor's license, Five Hundred Dollars ($500.00). 971
This fee is to be paid by the applicant to the * * * 972
Department of Revenue on or before the filing of the application 973
for a manufacturer's, seller's or distributor's license by the 974
applicant. Upon such payment the * * * Commissioner of Revenue 975
shall certify to the executive director that such fee has been 976
paid by the applicant. 977
Except for those amounts that a person issued a 978
manufacturer's license under this section may charge for goods 979
supplied or services rendered, the person holding the 980
manufacturer's license may not be directly reimbursed by a holder 981
of a gaming license for the cost of any fee paid by the person for 982
the issuance or continuation of such a license, whether imposed 983
under this section or any other provision of this chapter. 984
(5) A manufacturer or distributor of associated equipment 985
who sells, transfers or offers the associated equipment for use or 986
play in Mississippi may be required by the executive director to 987
file an application for a finding of suitability to be a 988
manufacturer or distributor of associated equipment. 989
Any person who directly or indirectly involves himself in the 990
sale, transfer or offering for use or play in Mississippi of 991
associated equipment who is not otherwise required to be licensed 992
as a manufacturer or distributor may be required by the executive 993
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director to file an application for a finding of suitability to be 994
a manufacturer or distributor of associated equipment. 995
If an application for a finding of suitability is not 996
submitted within thirty (30) days after demand by the executive 997
director, he may pursue any remedy or combination of remedies 998
provided in this chapter. 999
(6) The executive director and his employees may inspect 1000
every gaming device which is manufactured, sold or distributed: 1001
(a) For use in this state, before the gaming device is 1002
put into play. 1003
(b) In this state for use outside this state, before 1004
the gaming device is shipped out of this state. 1005
The executive director may inspect every gaming device which 1006
is offered for play within this state by a licensee. 1007
The executive director may inspect all associated equipment 1008
which is manufactured, sold or distributed for use in this state 1009
before the equipment is installed or used by a gaming licensee. 1010
In addition to all other fees and charges imposed by this 1011
chapter, the executive director may determine an inspection fee 1012
with regard to each manufacturer, seller or distributor which must 1013
not exceed the actual cost of inspection and investigation. Upon 1014
such determination, the executive director shall certify to the 1015
* * * Commissioner of Revenue the amount of the inspection fee 1016
and the name and address of the applicant. Upon such 1017
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certification the * * * Department of Revenue shall proceed to 1018
assess and collect such inspection fee from the applicant. 1019
SECTION 18. Section 75-76-101, Mississippi Code of 1972, is 1020
amended as follows: 1021
75-76-101. (1) All gaming must be conducted with chips, 1022
tokens or other instrumentalities approved by the executive 1023
director or with the legal tender of the United States. 1024
(2) Except for an online sports pool or online race book, no 1025
licensee shall permit participation by a person in a game 1026
conducted in the licensed gaming establishment if such person is 1027
not physically present in the licensed gaming establishment during 1028
the period of time when such game is being conducted, and all 1029
games and the participation of patrons therein shall be entirely 1030
located and conducted on the licensed premises. 1031
SECTION 19. Section 75-76-175, Mississippi Code of 1972, is 1032
amended as follows: 1033
75-76-175. (1) A credit instrument accepted on or after 1034
June 29, 1991, is valid and may be enforced by legal process. 1035
(2) A licensee or a person acting on the licensee's behalf 1036
may accept an incomplete credit instrument which: 1037
(a) Is signed by a patron; and 1038
(b) States the amount of the debt in figures. 1039
Such licensee or person acting on the licensee's behalf * * * 1040
may complete the instrument as is necessary for the instrument to 1041
be presented for payment. 1042
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(3) A licensee or person acting on behalf of a licensee: 1043
(a) May accept a credit instrument that is dated later 1044
than the date of its execution if that later date is furnished at 1045
the time of the execution of the credit instrument by the patron. 1046
(b) May not accept a credit instrument which is 1047
incomplete, except as authorized by subsection (2) of this 1048
section. 1049
(c) May accept a credit instrument that is payable to 1050
an affiliated company or may complete a credit instrument in the 1051
name of an affiliated company as payee if the credit instrument 1052
otherwise complies with this subsection and the records of the 1053
affiliated company pertaining to the credit instrument are made 1054
available to the executive director upon request. 1055
(4) This section does not prohibit the establishment of an 1056
account by a deposit of cash, recognized traveler's check, or any 1057
other instruments which is equivalent to cash. 1058
(5) Any person who violates the provisions of this section 1059
is subject only to the penalties provided in Sections 75-76-103 1060
through 75-76-119, inclusive. 1061
(6) The commission may adopt regulations prescribing the 1062
conditions under which a credit instrument may be redeemed or 1063
presented to a bank for collection or payment. 1064
SECTION 20. Section 75-76-177, Mississippi Code of 1972, is 1065
amended as follows: 1066
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75-76-177. (1) From and after August 1, 1990, there is 1067
hereby imposed and levied on each gaming licensee a license fee 1068
based upon all the gross revenue of the licensee as follows: 1069
(a) Four percent (4%) of all the gross revenue of the 1070
licensee which does not exceed Fifty Thousand Dollars ($50,000.00) 1071
per calendar month; 1072
(b) Six percent (6%) of all the gross revenue of the 1073
licensee which exceeds Fifty Thousand Dollars ($50,000.00) per 1074
calendar month and does not exceed One Hundred Thirty four 1075
Thousand Dollars ($134,000.00) per calendar month; and 1076
(c) Eight percent (8%) of all the gross revenue of the 1077
licensee which exceeds One Hundred Thirty four Thousand Dollars 1078
($134,000.00) per calendar month. 1079
(2) All revenue received from any game * * *, gaming device 1080
or platform which is leased for operation on the premises of the 1081
licensee owner to a person other than the owner thereof or which 1082
is located in an area or space on such premises which is leased by 1083
the licensee owner to any such person, must be attributed to the 1084
owner for the purposes of this section and be counted as part of 1085
the gross revenue of the owner. The lessee is liable to the owner 1086
for his proportionate share of such license fees. 1087
(3) If the amount of license fees required to be reported 1088
and paid pursuant to this section is later determined to be 1089
greater or less than the amount actually reported and paid by the 1090
licensee, the * * * Commissioner of Revenue shall: 1091
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(a) Assess and collect the additional license fees 1092
determined to be due, with interest thereon until paid; or 1093
(b) Refund any overpayment, with interest thereon, to 1094
the licensee. 1095
Interest must be computed, until paid, at the rate of one 1096
percent (1%) per month from the first day of the first month 1097
following either the due date of the additional license fees or 1098
the date of overpayment. 1099
(4) Failure to pay the fees provided for in this section 1100
when they are due for continuation of a license shall be deemed a 1101
surrender of the license. 1102
SECTION 21. Section 97-33-305, Mississippi Code of 1972, is 1103
brought forward as follows: 1104
97-33-305. (1) Fantasy contests are legal in this state. A 1105
fantasy contest operator must comply with the provisions of this 1106
section if the operator's total player roster for all fantasy 1107
contests consists of one hundred (100) or more members of the 1108
general public. 1109
(2) A fantasy contest operator must implement commercially 1110
reasonable procedures for fantasy contests with an entry fee to: 1111
(a) Prevent employees of the operator, and relatives 1112
living in the same household with an employee of an operator, from 1113
competing in fantasy contests offered by an operator in which the 1114
operator offers a cash prize; 1115
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(b) Prevent sharing with third parties of confidential 1116
information that could affect fantasy contest play until the 1117
information is made publicly available; 1118
(c) Prevent the operator from participating in a 1119
fantasy contest offered by the operator; 1120
(d) Verify that a fantasy contest player is eighteen 1121
(18) years of age or older except as required in Section 1122
97-33-307(5); 1123
(e) Ensure that individuals who participate or 1124
officiate in a sporting event or who own, manage or coach a team 1125
or player who participates in a sporting event will not knowingly 1126
be allowed to enter a fantasy contest that is determined, in whole 1127
or in part, on accumulated statistical results that include a 1128
sporting event in which the individual could be involved as an 1129
athlete, official, owner, manager or coach; 1130
(f) Allow individuals to restrict themselves from 1131
entering a fantasy contest upon request and provide reasonable 1132
steps to prevent the person from entering fantasy contests offered 1133
by the operator; 1134
(g) Disclose the number of entries that a player may 1135
submit to each fantasy contest and provide reasonable steps to 1136
prevent players from submitting more than the allowable number; 1137
(h) Restrict the number of entries submitted by a 1138
single player for any contest as follows: 1139
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(i) An operator shall not allow a player to submit 1140
more than one (1) entry in a contest involving twelve (12) or 1141
fewer players. 1142
(ii) If the number of players in a contest is more 1143
than twelve (12) but fewer than thirty seven (37), an operator 1144
shall not allow a player to submit more than two (2) entries. 1145
(iii) If the number of players in a contest is at 1146
least thirty seven (37) but no more than one hundred (100), an 1147
operator shall not allow a player to submit more than three (3) 1148
entries. 1149
(iv) In any contest involving more than one 1150
hundred (100) players, an operator shall not allow a player to 1151
submit more than the lesser of: 1152
1. Three percent (3%) of all entries; or 1153
2. One hundred fifty (150) entries. 1154
(v) For all advertised fantasy contests, the 1155
operator must prominently include information about the maximum 1156
number of entries that may be submitted for that contest. 1157
(vi) An operator may establish fantasy contests in 1158
which there is no restriction on the number of entries, if those 1159
contests constitute less than two percent (2%) of the total number 1160
of contests it offers, and if the operator clearly discloses: 1161
1. That there are no limits on the number of 1162
entries by each player in the contest; and 1163
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2. That the cost of participating in such a 1164
contest is Fifty Dollars ($50.00) or more per entry; 1165
(i) Offer introductory procedures for players that are 1166
prominently displayed on the main page of the operator's platform 1167
to explain contest play and how to identify a highly experienced 1168
player; 1169
(j) Identify all highly experienced players in every 1170
fantasy contest by a symbol attached to the players' usernames, or 1171
by other easily visible means, on all platforms supported by the 1172
operator; and 1173
(k) Segregate fantasy contest player funds from 1174
operational funds or maintain a reserve in the form of cash, cash 1175
equivalents, payment processor reserves and receivables, an 1176
irrevocable letter of credit, a bond, or a combination thereof, in 1177
the amount of the total account balances of the fantasy contest 1178
players for the benefit and protection of the funds held in the 1179
accounts. 1180
(3) An operator shall not offer contests based on the 1181
performance of participants in collegiate, high school or youth 1182
sports events. 1183
(4) A fantasy contest operator offering fantasy contests 1184
with an entry fee in this state shall comply with audit procedures 1185
adopted by the commission to ensure compliance with this section. 1186
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(5) (a) Advertisements for contests and prizes offered by 1187
an operator shall not target prohibited participants, minors, or 1188
self excluded persons. 1189
(b) Representations or implications about average 1190
winnings from contests shall not be unfair or misleading. Such 1191
representations shall include, at a minimum: 1192
(i) The median and mean net winnings of all 1193
players participating in contests offered by the operator; and 1194
(ii) The percentage of winnings awarded by the 1195
operator to highly experienced players participating in contests 1196
offered by the operator within the preceding calendar year. 1197
(6) Operators shall prohibit the use of third party scripts 1198
or scripting programs for any contest and ensure that measures are 1199
in place to deter, detect and, to the extent reasonably possible, 1200
prevent cheating, including collusion, and the use of cheating 1201
devices, including use of software programs that submit entry fees 1202
or adjust the athletes selected by a player. 1203
(7) The values of all prizes and awards offered to winning 1204
players must be established and made known to the players in 1205
advance of the contest. 1206
SECTION 22. Section 97-33-27, Mississippi Code of 1972, is 1207
amended as follows: 1208
97-33-27. If any person shall bet on a horse race or a yacht 1209
race or on a shooting match, he shall be fined not more than Five 1210
Hundred Dollars ($500.00), and, unless the fine and costs be 1211
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immediately paid, he shall be imprisoned in the county jail not 1212
more than ninety (90) days; provided, however, this section shall 1213
not apply to betting, gaming or wagering: 1214
(a) On a cruise vessel as defined in Section 27-109-1 1215
whenever such vessel is in the waters within the State of 1216
Mississippi, which lie adjacent to the State of Mississippi south 1217
of the three (3) most southern counties in the State of 1218
Mississippi, including the Mississippi Sound, St. Louis Bay, 1219
Biloxi Bay and Pascagoula Bay, and in which the registered voters 1220
of the county in which the port is located have not voted to 1221
prohibit such betting, gaming or wagering on cruise vessels as 1222
provided in Section 19-3-79; 1223
(b) In a structure located in whole or in part on shore 1224
in any of the three (3) most southern counties in the State of 1225
Mississippi in which the registered voters of the county have 1226
voted to allow such betting, gaming or wagering on cruise vessels 1227
as provided in Section 19-3-79, if: 1228
(i) The structure is owned, leased or controlled 1229
by a person possessing a gaming license, as defined in Section 1230
75-76-5, to conduct legal gaming on a cruise vessel under 1231
paragraph (a) of this section; 1232
(ii) The part of the structure in which licensed 1233
gaming activities are conducted is located entirely in an area 1234
which is located no more than eight hundred (800) feet from the 1235
mean high-water line (as defined in Section 29-15-1) of the waters 1236
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within the State of Mississippi, which lie adjacent to the State 1237
of Mississippi south of the three (3) most southern counties in 1238
the State of Mississippi, including the Mississippi Sound, St. 1239
Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to 1240
Harrison County only, no farther north than the southern boundary 1241
of the right-of-way for U.S. Highway 90, whichever is greater; and 1242
(iii) In the case of a structure that is located 1243
in whole or part on shore, the part of the structure in which 1244
licensed gaming activities are conducted shall lie adjacent to 1245
state waters south of the three (3) most southern counties in the 1246
State of Mississippi, including the Mississippi Sound, St. Louis 1247
Bay, Biloxi Bay and Pascagoula Bay. When the site upon which the 1248
structure is located consists of a parcel of real property, 1249
easements and rights-of-way for public streets and highways shall 1250
not be construed to interrupt the contiguous nature of the parcel, 1251
nor shall the footage contained within the easements and 1252
rights-of-way be counted in the calculation of the distances 1253
specified in subparagraph (ii) * * *; 1254
(c) On a vessel as defined in Section 27-109-1 whenever 1255
such vessel is on the Mississippi River or navigable waters within 1256
any county bordering on the Mississippi River, and in which the 1257
registered voters of the county in which the port is located have 1258
not voted to prohibit such betting, gaming or wagering on vessels 1259
as provided in Section 19-3-79; or 1260
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(d) That is legal under the laws of the State of 1261
Mississippi. 1262
SECTION 23. Section 97-33-8, Mississippi Code of 1972, is 1263
amended as follows: 1264
97-33-8. (1) The provisions of this section are intended to 1265
clarify that the operation of "Internet sweepstakes cafes" is an 1266
illegal gambling activity under Mississippi state law. 1267
(2) It shall be unlawful for any person or entity to 1268
possess, own, control, display, operate or have a financial 1269
interest in an electronic video monitor that: 1270
(a) Is offered or made available to a person to play or 1271
participate in a simulated gambling program in return for direct 1272
or indirect consideration, including consideration associated with 1273
a product, service or activity other than the simulated gambling 1274
program; and 1275
(b) The person who plays or participates in the 1276
simulated gambling program may become eligible to win, redeem or 1277
otherwise obtain a cash or cash-equivalent prize, whether or not 1278
the eligibility for or value of the prize is determined by or has 1279
any relationship to the outcome or play of the program. 1280
(3) As used in this section, the following words and phrases 1281
shall have the meanings ascribed in this subsection, unless the 1282
context clearly indicates otherwise: 1283
(a) "Simulated gambling program" means any method 1284
intended to be used by a person playing, participating or 1285
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interacting with an electronic video monitor that is offered by 1286
another person or entity; that directly or indirectly implements 1287
the predetermination of a cash or cash-equivalent prize, or 1288
otherwise connects the player with the cash or cash-equivalent 1289
prize; and that is not legal under the Mississippi Gaming Control 1290
Act. 1291
(b) "Consideration associated with a product, service 1292
or activity other than the simulated gambling program" means money 1293
or other value collected for a product, service or activity that 1294
is offered in any direct or indirect relationship to playing or 1295
participating in the simulated gambling program. The term 1296
includes consideration paid for Internet access or computer time, 1297
or a sweepstakes entry. 1298
(c) "Electronic video monitor" means any unit, 1299
mechanism, computer or other terminal, or device that is capable 1300
of displaying moving or still images. 1301
(4) Any person or entity violating the provisions of this 1302
section, upon conviction, shall be guilty of a misdemeanor and 1303
fined not more than One Thousand Dollars ($1,000.00) or imprisoned 1304
for not less than one (1) year, or both. 1305
(5) The provisions of this section shall not apply to: 1306
(a) Any lawful activity that is conducted for the 1307
primary purpose of entertaining children under the age of eighteen 1308
(18) years, during which money is paid for a token or chip that is 1309
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used to play an electronic or other game, with the winner of the 1310
game earning tickets that can be exchanged for prizes; 1311
(b) Any lawful marketing promotion, contest, prize or 1312
sweepstakes that is designed to attract consumer attention to a 1313
specific product or service which is offered for sale by the 1314
manufacturer, distributor, vendor or retailer of the product or 1315
service; or 1316
(c) Any promotional activity as defined in Section 1317
75-76-5 that is conducted by a gaming licensee. 1318
SECTION 24. Section 97-33-25, Mississippi Code of 1972, is 1319
amended as follows: 1320
97-33-25. If any person shall sell or buy, either directly 1321
or indirectly, any chance in what is commonly called pool, upon 1322
any event whatever, or shall in any manner engage in such business 1323
or pastime, he shall be fined not more than Five Hundred Dollars 1324
($500.00) or shall be imprisoned in the county jail not more than 1325
ninety (90) days; provided, however, this section shall not apply 1326
to betting, gaming or wagering: 1327
(a) On a cruise vessel as defined in Section 27-109-1 1328
whenever such vessel is in the waters within the State of 1329
Mississippi, which lie adjacent to the State of Mississippi south 1330
of the three (3) most southern counties in the State of 1331
Mississippi, including the Mississippi Sound, St. Louis Bay, 1332
Biloxi Bay and Pascagoula Bay, and in which the registered voters 1333
of the county in which the port is located have not voted to 1334
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prohibit such betting, gaming or wagering on cruise vessels as 1335
provided in Section 19-3-79; 1336
(b) In a structure located in whole or in part on shore 1337
in any of the three (3) most southern counties in the State of 1338
Mississippi in which the registered voters of the county have 1339
voted to allow such betting, gaming or wagering on cruise vessels 1340
as provided in Section 19-3-79, if: 1341
(i) The structure is owned, leased or controlled 1342
by a person possessing a gaming license, as defined in Section 1343
75-76-5, to conduct legal gaming on a cruise vessel under 1344
paragraph (a) of this section; 1345
(ii) The part of the structure in which licensed 1346
gaming activities are conducted is located entirely in an area 1347
which is located no more than eight hundred (800) feet from the 1348
mean high-water line (as defined in Section 29-15-1) of the waters 1349
within the State of Mississippi, which lie adjacent to the State 1350
of Mississippi south of the three (3) most southern counties in 1351
the State of Mississippi, including the Mississippi Sound, St. 1352
Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to 1353
Harrison County only, no farther north than the southern boundary 1354
of the right-of-way for U.S. Highway 90, whichever is greater; and 1355
(iii) In the case of a structure that is located 1356
in whole or part on shore, the part of the structure in which 1357
licensed gaming activities are conducted shall lie adjacent to 1358
state waters south of the three (3) most southern counties in the 1359
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State of Mississippi, including the Mississippi Sound, St. Louis 1360
Bay, Biloxi Bay and Pascagoula Bay. When the site upon which the 1361
structure is located consists of a parcel of real property, 1362
easements and rights-of-way for public streets and highways shall 1363
not be construed to interrupt the contiguous nature of the parcel, 1364
nor shall the footage contained within the easements and 1365
rights-of-way be counted in the calculation of the distances 1366
specified in subparagraph (ii) * * *; 1367
(c) On a vessel as defined in Section 27-109-1 whenever 1368
such vessel is on the Mississippi River or navigable waters within 1369
any county bordering on the Mississippi River, and in which the 1370
registered voters of the county in which the port is located have 1371
not voted to prohibit such betting, gaming or wagering on vessels 1372
as provided in Section 19-3-79; or 1373
(d) That is legal under the laws of the State of 1374
Mississippi. 1375
SECTION 25. Section 97-33-1, Mississippi Code of 1972, is 1376
brought forward as follows: 1377
97-33-1. Except as otherwise provided in Section 97-33-8, if 1378
any person shall encourage, promote or play at any game, play or 1379
amusement, other than a fight or fighting match between dogs, for 1380
money or other valuable thing, or shall wager or bet, promote or 1381
encourage the wagering or betting of any money or other valuable 1382
things, upon any game, play, amusement, cockfight, Indian ball 1383
play or duel, other than a fight or fighting match between dogs, 1384
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or upon the result of any election, event or contingency whatever, 1385
upon conviction thereof, he shall be fined in a sum not more than 1386
Five Hundred Dollars ($500.00); and, unless such fine and costs be 1387
immediately paid, shall be imprisoned for any period not more than 1388
ninety (90) days. However, this section shall not apply to 1389
betting, gaming or wagering: 1390
(a) On a cruise vessel as defined in Section 27-109-1 1391
whenever such vessel is in the waters within the State of 1392
Mississippi, which lie adjacent to the State of Mississippi south 1393
of the three (3) most southern counties in the State of 1394
Mississippi, including the Mississippi Sound, St. Louis Bay, 1395
Biloxi Bay and Pascagoula Bay, and in which the registered voters 1396
of the county in which the port is located have not voted to 1397
prohibit such betting, gaming or wagering on cruise vessels as 1398
provided in Section 19-3-79; 1399
(b) In a structure located, in whole or in part, on 1400
shore in any of the three (3) most southern counties in the State 1401
of Mississippi in which the registered voters of the county have 1402
voted to allow such betting, gaming or wagering on cruise vessels 1403
as provided in Section 19-3-79, if: 1404
(i) The structure is owned, leased or controlled 1405
by a person possessing a gaming license, as defined in Section 1406
75-76-5, to conduct legal gaming on a cruise vessel under 1407
paragraph (a) of this section; 1408
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(ii) The part of the structure in which licensed 1409
gaming activities are conducted is located entirely in an area 1410
which is located no more than eight hundred (800) feet from the 1411
mean high-water line (as defined in Section 29-15-1) of the waters 1412
within the State of Mississippi, which lie adjacent to the State 1413
of Mississippi south of the three (3) most southern counties in 1414
the State of Mississippi, including the Mississippi Sound, St. 1415
Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to 1416
Harrison County only, no farther north than the southern boundary 1417
of the right-of-way for U.S. Highway 90, whichever is greater; and 1418
(iii) In the case of a structure that is located 1419
in whole or part on shore, the part of the structure in which 1420
licensed gaming activities are conducted shall lie adjacent to 1421
state waters south of the three (3) most southern counties in the 1422
State of Mississippi, including the Mississippi Sound, St. Louis 1423
Bay, Biloxi Bay and Pascagoula Bay. When the site upon which the 1424
structure is located consists of a parcel of real property, 1425
easements and rights-of-way for public streets and highways shall 1426
not be construed to interrupt the contiguous nature of the parcel, 1427
nor shall the footage contained within the easements and 1428
rights-of-way be counted in the calculation of the distances 1429
specified in subparagraph (ii); 1430
(c) On a vessel as defined in Section 27-109-1 whenever 1431
such vessel is on the Mississippi River or navigable waters within 1432
any county bordering on the Mississippi River, and in which the 1433
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registered voters of the county in which the port is located have 1434
not voted to prohibit such betting, gaming or wagering on vessels 1435
as provided in Section 19-3-79; or 1436
(d) That is legal under the laws of the State of 1437
Mississippi. 1438
SECTION 26. Section 97-33-7, Mississippi Code of 1972, is 1439
brought forward as follows: 1440
97-33-7. (1) Except as otherwise provided in Section 1441
97-33-8, it shall be unlawful for any person or persons, firm, 1442
copartnership or corporation to have in possession, own, control, 1443
display, or operate any cane rack, knife rack, artful dodger, 1444
punch board, roll down, merchandise wheel, slot machine, pinball 1445
machine, or similar device or devices. Provided, however, that 1446
this section shall not be so construed as to make unlawful the 1447
ownership, possession, control, display or operation of any 1448
antique coin machine as defined in Section 27-27-12, or any music 1449
machine or bona fide automatic vending machine where the purchaser 1450
receives exactly the same quantity of merchandise on each 1451
operation of said machine. Any slot machine other than an antique 1452
coin machine as defined in Section 27-27-12 which delivers, or is 1453
so constructed as that by operation thereof it will deliver to the 1454
operator thereof anything of value in varying quantities, in 1455
addition to the merchandise received, and any slot machine other 1456
than an antique coin machine as defined in Section 27-27-12 that 1457
is constructed in such manner as that slugs, tokens, coins or 1458
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similar devices are, or may be, used and delivered to the operator 1459
thereof in addition to merchandise of any sort contained in such 1460
machine, is hereby declared to be a gambling device, and shall be 1461
deemed unlawful under the provisions of this section. Provided, 1462
however, that pinball machines which do not return to the operator 1463
or player thereof anything but free additional games or plays 1464
shall not be deemed to be gambling devices, and neither this 1465
section nor any other law shall be construed to prohibit same. 1466
(2) No property right shall exist in any person, natural or 1467
artificial, or be vested in such person, in any or all of the 1468
devices described herein that are not exempted from the provisions 1469
of this section; and all such devices are hereby declared to be at 1470
all times subject to confiscation and destruction, and their 1471
possession shall be unlawful, except when in the possession of 1472
officers carrying out the provisions of this section. It shall be 1473
the duty of all law enforcing officers to seize and immediately 1474
destroy all such machines and devices. 1475
(3) A first violation of the provisions of this section 1476
shall be deemed a misdemeanor, and the party offending shall, upon 1477
conviction, be fined in any sum not exceeding Five Hundred Dollars 1478
($500.00), or imprisoned not exceeding three (3) months, or both, 1479
in the discretion of the court. In the event of a second 1480
conviction for a violation of any of the provisions of this 1481
section, the party offending shall be subject to a sentence of not 1482
less than six (6) months in the county jail, nor more than two (2) 1483
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years in the State Penitentiary, in the discretion of the trial 1484
court. 1485
(4) Notwithstanding any provision of this section to the 1486
contrary, it shall not be unlawful to operate any equipment or 1487
device described in subsection (1) of this section or any gaming, 1488
gambling or similar device or devices by whatever name called 1489
while: 1490
(a) On a cruise vessel as defined in Section 27-109-1 1491
whenever such vessel is in the waters within the State of 1492
Mississippi, which lie adjacent to the State of Mississippi south 1493
of the three (3) most southern counties in the State of 1494
Mississippi, including the Mississippi Sound, St. Louis Bay, 1495
Biloxi Bay and Pascagoula Bay, and in which the registered voters 1496
of the county in which the port is located have not voted to 1497
prohibit such betting, gaming or wagering on cruise vessels as 1498
provided in Section 19-3-79; 1499
(b) In a structure located, in whole or in part, on 1500
shore in any of the three (3) most southern counties in the State 1501
of Mississippi in which the registered voters of the county have 1502
voted to allow such betting, gaming or wagering on cruise vessels 1503
as provided in Section 19-3-79, if: 1504
(i) The structure is owned, leased or controlled 1505
by a person possessing a gaming license, as defined in Section 1506
75-76-5, to conduct legal gaming on a cruise vessel under 1507
paragraph (a) of this subsection; 1508
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(ii) The part of the structure in which licensed 1509
gaming activities are conducted is located entirely in an area 1510
which is located no more than eight hundred (800) feet from the 1511
mean high-water line (as defined in Section 29-15-1) of the waters 1512
within the State of Mississippi, which lie adjacent to the State 1513
of Mississippi south of the three (3) most southern counties in 1514
the State of Mississippi, including the Mississippi Sound, St. 1515
Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to 1516
Harrison County only, no farther north than the southern boundary 1517
of the right-of-way for U.S. Highway 90, whichever is greater; and 1518
(iii) In the case of a structure that is located 1519
in whole or part on shore, the part of the structure in which 1520
licensed gaming activities are conducted shall lie adjacent to 1521
state waters south of the three (3) most southern counties in the 1522
State of Mississippi, including the Mississippi Sound, St. Louis 1523
Bay, Biloxi Bay and Pascagoula Bay. When the site upon which the 1524
structure is located consists of a parcel of real property, 1525
easements and rights-of-way for public streets and highways shall 1526
not be construed to interrupt the contiguous nature of the parcel, 1527
nor shall the footage contained within the easements and 1528
rights-of-way be counted in the calculation of the distances 1529
specified in subparagraph (ii); 1530
(c) On a vessel as defined in Section 27-109-1 whenever 1531
such vessel is on the Mississippi River or navigable waters within 1532
any county bordering on the Mississippi River, and in which the 1533
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registered voters of the county in which the port is located have 1534
not voted to prohibit such betting, gaming or wagering on vessels 1535
as provided in Section 19-3-79; or 1536
(d) That is legal under the laws of the State of 1537
Mississippi. 1538
(5) Notwithstanding any provision of this section to the 1539
contrary, it shall not be unlawful (a) to own, possess, repair or 1540
control any gambling device, machine or equipment in a licensed 1541
gaming establishment or on the business premises appurtenant to 1542
any such licensed gaming establishment during any period of time 1543
in which such licensed gaming establishment is being constructed, 1544
repaired, maintained or operated in this state; (b) to install any 1545
gambling device, machine or equipment in any licensed gaming 1546
establishment; (c) to possess or control any gambling device, 1547
machine or equipment during the process of procuring or 1548
transporting such device, machine or equipment for installation on 1549
any such licensed gaming establishment; or (d) to store in a 1550
warehouse or other storage facility any gambling device, machine, 1551
equipment, or part thereof, regardless of whether the county or 1552
municipality in which the warehouse or storage facility is located 1553
has approved gaming aboard cruise vessels or vessels, provided 1554
that such device, machine or equipment is operated only in a 1555
county or municipality that has approved gaming aboard cruise 1556
vessels or vessels. Any gambling device, machine or equipment 1557
that is owned, possessed, controlled, installed, procured, 1558
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repaired, transported or stored in accordance with this subsection 1559
shall not be subject to confiscation, seizure or destruction, and 1560
any person, firm, partnership or corporation which owns, 1561
possesses, controls, installs, procures, repairs, transports or 1562
stores any gambling device, machine or equipment in accordance 1563
with this subsection shall not be subject to any prosecution or 1564
penalty under this section. Any person constructing or repairing 1565
such cruise vessels or vessels within a municipality shall comply 1566
with all municipal ordinances protecting the general health or 1567
safety of the residents of the municipality. 1568
SECTION 27. Section 7-11-11, Mississippi Code of 1972, is 1569
brought forward as follows: 1570
7-11-11. The Secretary of State shall have charge of the 1571
swamp and the overflowed lands and indemnity lands in lieu 1572
thereof, the internal improvement lands, the lands forfeited to 1573
the state for nonpayment of taxes after the time allowed by law 1574
for redemption shall have expired, and of all other public lands 1575
belonging to or under the control of the state. The regulation, 1576
sale and disposition of all such lands shall be made through the 1577
Secretary of State's office. 1578
The Secretary of State shall sign all conveyances and leases 1579
of any and all state-owned lands and shall record same in a book 1580
kept in his office for such purposes. 1581
SECTION 28. Section 29-1-107, Mississippi Code of 1972, is 1582
brought forward as follows: 1583
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29-1-107. (1) The Secretary of State with the approval of 1584
the Governor shall, as far as practicable, rent or lease all lands 1585
belonging to the state, except as otherwise provided by law for a 1586
period of not exceeding one (1) year, and account for the rents 1587
therefrom in the same manner as money received from the sale of 1588
state lands, provided that no state land shall be rented or leased 1589
to individuals, corporations, partnerships, or association of 1590
persons for hunting or fishing purposes. Property belonging to 1591
the state in municipalities, even though it may have been 1592
subdivided into lots, blocks, divisions, or otherwise escheated or 1593
was sold to the state by such description, may likewise be leased 1594
or rented by the Secretary of State under the terms provided above 1595
for other state lands, and the rents accounted for in the same 1596
manner. The state shall have all the liens, rights and remedies 1597
accorded to landlords in Sections 89-7-1 through 89-7-125; said 1598
leases and rental contracts shall automatically terminate on the 1599
date provided in said leases or contracts. 1600
(2) (a) The Secretary of State, with the approval of the 1601
Governor, may rent or lease surface lands, tidelands or submerged 1602
lands owned or controlled by the State of Mississippi lying in or 1603
adjacent to the Mississippi Sound or Gulf of Mexico or streams 1604
emptying therein, for a period not exceeding forty (40) years for 1605
rental payable to the state annually. However, the term of any 1606
lease of state public trust tidelands to a person possessing a 1607
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license under the Mississippi Gaming Control Act shall be governed 1608
by the provisions of subsection (4) of this section. 1609
(b) The lessee under such agreement may construct such 1610
necessary items for marking channels, docking, wharfing, mooring 1611
or fleeting vessels which shall be in aid of navigation and not 1612
obstructions thereto. 1613
(c) A lessee of record may be given the option to renew 1614
for an additional period not to exceed twenty-five (25) years; 1615
however, the term of a renewal for a lease of state public trust 1616
tidelands to a person possessing a gaming license under the 1617
Mississippi Gaming Control Act shall be governed by the provisions 1618
of subsection (4) of this section. The holder of a lease of 1619
Public Trust Tidelands, at the expiration thereof, shall have a 1620
prior right, exclusive of all other persons, to re-lease as may be 1621
agreed upon between the holder of the lease and the Secretary of 1622
State. 1623
(d) Leases shall provide for review and rent 1624
adjustments at each fifth anniversary tied either to the All Urban 1625
Consumer Price Index-All Items (CPI) or to an appraisal which 1626
deducts the value of any improvements by the lessee which 1627
substantially enhance the value of the land. In the case where 1628
the initial rental was based on the value set by the ad valorem 1629
tax rolls, then the rent review and adjustment clause shall be 1630
likewise based on the value set by such tax rolls. In the event 1631
that the lessor and lessee cannot agree on a rental amount, the 1632
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lease may be cancelled at the option of the lessor. The lessee 1633
shall, within thirty (30) days after execution of a sublease or 1634
assignment, file a copy thereof, including the total consideration 1635
therefor, with the Secretary of State. This paragraph shall not 1636
apply to a lease of state public trust tidelands or submerged 1637
lands to a person possessing a gaming license under the 1638
Mississippi Gaming Control Act who operates a gaming establishment 1639
on such tidelands. 1640
(3) Provided, however, the current occupants of public trust 1641
tidelands that were developed after the determinable mean 1642
high-water line nearest the effective date of the Coastal Wetlands 1643
Protection Law shall pay an annual rental based on the fair market 1644
value as determined by the assessed valuation of the property. 1645
The holder of a lease of Public Trust Tidelands, at the expiration 1646
thereof, shall have a prior right, exclusive of all other persons, 1647
to re-lease as may be agreed upon between the holder of the lease 1648
and the Secretary of State. 1649
(4) (a) This section shall apply to any person possessing a 1650
license under the Mississippi Gaming Control Act who operates a 1651
gaming establishment in any of the three (3) most southern 1652
counties of the state. 1653
(b) The following shall apply to all leases of state 1654
public trust tidelands executed by such a licensee: 1655
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(i) Every lease executed after August 29, 2005, 1656
shall be for a period of thirty (30) years for rental payable to 1657
the state annually. 1658
(ii) By operation of this section, any lease 1659
executed before August 29, 2005, may, at the option of the lessee, 1660
either remain at the term stated in the original execution of the 1661
lease or be converted to a thirty-year term lease, beginning on 1662
such date after August 29, 2005, that the lessee either resumes or 1663
begins permanent gaming activities as approved by the Mississippi 1664
Gaming Commission, and the lessee shall be required to comply with 1665
all other provisions of the lease. Should the lessee choose to 1666
operate in a structure that is not on state public trust tidelands 1667
and that is on property contiguous to tidelands leased by the 1668
lessee, the lessee shall be required to comply with all other 1669
provisions of the lease and shall be exempt from the assessment 1670
provided for in paragraph (c) of this subsection. Easements for 1671
and rights-of-way for public streets and highways shall not be 1672
construed to interrupt the contiguous nature of a parcel of 1673
property. In the event that a lessee does not elect either to 1674
remain bound by the original term of the lease or to convert the 1675
lease to a thirty-year term, the Secretary of State may lease the 1676
state public trust tidelands that are the subject of the lease to 1677
any other person or entity. 1678
(iii) Leases shall provide for review and rent 1679
adjustments at each annual anniversary tied to the All Urban 1680
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Consumer Price Index-All Items (CPI). In the case of the renewal 1681
of a lease after the expiration of the original thirty-year term 1682
under this subsection, each renewal shall be for a term of thirty 1683
(30) years. The base rate to which the CPI shall apply for 1684
purposes of executing the subsequent lease shall be negotiated by 1685
the lessee with the Secretary of State. 1686
(c) (i) Except as otherwise provided in this 1687
paragraph, any person possessing a license under the Mississippi 1688
Gaming Control Act who does not lease public trust tidelands from 1689
the state or any of its political subdivisions, and who operates a 1690
gaming establishment in any of the three (3) most southern 1691
counties of the state, shall pay an annual in-lieu tidelands 1692
assessment to the Public Trust Tidelands Assessments Fund 1693
(hereinafter referred to as "fund") created in Section 29-15-10, 1694
in the amount and manner provided for in this paragraph. 1695
For calendar year 2006, the annual in-lieu tidelands 1696
assessment paid by the licensee to the fund shall be: 1697
1. Four Hundred Thousand Dollars 1698
($400,000.00), if the capital investment in the part of the 1699
structure in which licensed gaming activities are conducted is 1700
Fifty Million Dollars ($50,000,000.00) or less. 1701
2. Four Hundred Fifty Thousand Dollars 1702
($450,000.00), if the capital investment in the part of the 1703
structure in which licensed gaming activities are conducted is 1704
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equal to or more than Fifty Million Dollars ($50,000,000.00) but 1705
less than Sixty Million Dollars ($60,000,000.00). 1706
3. Five Hundred Thousand Dollars 1707
($500,000.00), if the capital investment in the part of the 1708
structure in which licensed gaming activities are conducted is 1709
equal to or more than Sixty Million Dollars ($60,000,000.00) but 1710
less than Seventy-five Million Dollars ($75,000,000.00). 1711
4. Six Hundred Thousand Dollars 1712
($600,000.00), if the capital investment in the part of the 1713
structure in which licensed gaming activities are conducted is 1714
equal to or more than Seventy-five Million Dollars 1715
($75,000,000.00) but less than One Hundred Million Dollars 1716
($100,000,000.00). 1717
5. Seven Hundred Thousand Dollars 1718
($700,000.00), if the capital investment in the part of the 1719
structure in which licensed gaming activities are conducted is 1720
equal to or more than One Hundred Million Dollars 1721
($100,000,000.00) but less than One Hundred Twenty-five Million 1722
Dollars ($125,000,000.00). 1723
6. Seven Hundred Fifty Thousand Dollars 1724
($750,000.00), if the capital investment in the part of the 1725
structure in which licensed gaming activities are conducted is 1726
equal to or more than One Hundred Twenty-five Million Dollars 1727
($125,000,000.00). 1728
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For each calendar year thereafter, the Secretary of State 1729
shall review and adjust the value of the capital investment and 1730
the annual in-lieu tidelands assessment due. Such review and 1731
adjustment shall be tied to the CPI. 1732
(ii) This paragraph shall not apply to a gaming 1733
licensee if the licensee conducts gaming in a structure that is 1734
located on property that is leased from the Mississippi State Port 1735
at Gulfport or any political subdivision of the state, or to a 1736
licensee who conducts gaming in a structure that is located on 1737
property that is leased to the licensee jointly by the State of 1738
Mississippi and the City of Biloxi; however, with regard to 1739
property owned by a political subdivision of the state, this 1740
exception shall only apply to property owned by the political 1741
subdivision on August 29, 2005, if legal gaming could have been 1742
conducted on such property on that date. 1743
(iii) This paragraph shall not apply to a gaming 1744
licensee if the licensee conducts gaming in a structure that is 1745
located on property that is not leased from the State of 1746
Mississippi and/or a political subdivision of the State of 1747
Mississippi and is not on state public trust tidelands, and if the 1748
licensee conducted gaming on that property before August 29, 2005. 1749
SECTION 29. Section 29-15-1, Mississippi Code of 1972, is 1750
brought forward as follows: 1751
29-15-1. (a) "Commission" means the Mississippi Commission 1752
on Marine Resources. 1753
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(b) "Local tidal datum" means the datum established for a 1754
specific tide station through the use of tidal observations made 1755
at that station. 1756
(c) "Mean high water" means the arithmetic mean of all the 1757
high waters occurring in a particular nineteen-year tidal epoch 1758
period; or for a shorter period of time after corrections are 1759
applied to the short term observations to reduce these values to 1760
the equivalent nineteen-year value. 1761
(d) "Mean high water line" means the intersection of the 1762
tidal datum plane of mean high water with the shore. 1763
(e) "Mean high water survey" means a survey of the 1764
intersection of the shoreline with the tidal datum plane of mean 1765
high water using local tidal datums and surveying methodologies 1766
approved by the commission. Methodologies shall include but not 1767
be limited to the "staking method," "the topographic method" and 1768
"tide coordinated aerial photography." 1769
(f) "National map accuracy standards" means a set of 1770
guidelines published by the Office of Management and Budget of the 1771
United States to which maps produced by the United States 1772
government adhere. 1773
(g) "Submerged lands" means lands which remain covered by 1774
waters, where the tides ebb and flow, at ordinary low tides. 1775
(h) "Tidelands" means those lands which are daily covered 1776
and uncovered by water by the action of the tides, up to the mean 1777
line of the ordinary high tides. 1778
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SECTION 30. Section 29-15-3, Mississippi Code of 1972, is 1779
brought forward as follows: 1780
29-15-3. (1) It is declared to be the public policy of this 1781
state to favor the preservation of the natural state of the public 1782
trust tidelands and their ecosystems and to prevent the 1783
despoliation and destruction of them, except where a specific 1784
alteration of specific public trust tidelands would serve a higher 1785
public interest in compliance with the public purposes of the 1786
public trust in which such tidelands are held. 1787
(2) It is hereby declared to be a higher public purpose of 1788
this state and the public tidelands trust to resolve the 1789
uncertainty and disputes which have arisen as to the location of 1790
the boundary between the state's public trust tidelands and the 1791
upland property and to confirm the mean high water boundary line 1792
as determined by the Mississippi Supreme Court, the laws of this 1793
state and this chapter. 1794
SECTION 31. Section 29-15-5, Mississippi Code of 1972, is 1795
brought forward as follows: 1796
29-15-5. (1) Tidelands and submerged lands are held by the 1797
state in trust for use of all the people, and are so held in their 1798
character as the beds and shores of the sea and its tidally 1799
affected arms and tributaries for the purposes defined by common 1800
law and statutory law. Littoral and riparian property owners have 1801
common law and statutory rights under the Coastal Wetlands 1802
Protection Law which extend into the waters and beyond the low 1803
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tide line, and the state's responsibilities as trustee extends to 1804
such owners as well as to the other members of the public. 1805
(2) Residential property owners shall not be required to 1806
obtain a tidelands lease for exercising their common law and 1807
statutory littoral and riparian rights. 1808
SECTION 32. Section 29-15-9, Mississippi Code of 1972, is 1809
brought forward as follows: 1810
29-15-9. (1) There is created in the State Treasury a 1811
special fund to be known as the "Public Trust Tidelands Fund." 1812
The fund shall be administered by the Secretary of State as 1813
trustee. 1814
(2) Any funds derived from lease rentals of tidelands and 1815
submerged lands, except those funds derived from mineral leases, 1816
or funds previously specifically designated to be applied to other 1817
agencies, shall be transferred to the special fund. However, 1818
funds derived from lease rentals may be used to cover the 1819
administrative cost incurred by the Secretary of State. Any 1820
remaining funds derived from lease rentals shall be disbursed pro 1821
rata to the local taxing authorities for the replacement of lost 1822
ad valorem taxes, if any. Then, any remaining funds shall be 1823
disbursed to the commission for new and extra programs of 1824
tidelands management, such as conservation, reclamation, 1825
preservation, acquisition, education or the enhancement of public 1826
access to the public trust tidelands or public improvement 1827
projects as they relate to those lands. 1828
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(3) Any funds that are appropriated as separate line items 1829
in an appropriation bill for tideland programs or projects 1830
authorized under this section for political subdivisions or other 1831
agencies shall be disbursed as provided in this subsection. 1832
(a) The Department of Marine Resources shall make 1833
progress payments in installments based on the work completed and 1834
material used in the performance of a tidelands project only after 1835
receiving written verification from the political subdivision or 1836
agency. The political subdivision or agency shall submit 1837
verification of the work completed or materials in such detail and 1838
form that the department may require. 1839
(b) The Department of Marine Resources shall make funds 1840
available for the purpose of using such funds as a match or 1841
leverage for federal or other funds that are available for the 1842
designated tidelands project. 1843
SECTION 33. Section 29-15-10, Mississippi Code of 1972, is 1844
brought forward as follows: 1845
29-15-10. (1) There is created in the State Treasury a 1846
special fund to be known as the "Public Trust Tidelands 1847
Assessments Fund." The purpose of the fund is to ensure that 1848
monies derived from the public trust tidelands assessments shall 1849
be used for the benefit of preserving and protecting the tidelands 1850
and submerged lands found within the three (3) most southern 1851
counties of the state. One (1) specific purpose of the fund is to 1852
ensure that the annual payment made by the state for the purchase 1853
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of Deer Island shall continue uninterrupted until the purchase 1854
transaction is completed. The fund shall be administered by the 1855
Secretary of State, as trustee. None of the funds that are in the 1856
special fund or that are required to be deposited into the special 1857
fund shall be transferred, diverted or in any other manner 1858
expended or used for any purpose other than those purposes 1859
specified in this section. 1860
(2) (a) Any funds derived from assessments made pursuant to 1861
Section 29-1-107(4)(c) shall be deposited into the special fund. 1862
(b) Funds paid pursuant to paragraph (a) of this 1863
subsection may be appropriated by the Legislature in an amount 1864
necessary to cover the administrative cost incurred by the 1865
Mississippi Commission on Marine Resources. Any remaining funds 1866
shall be disbursed by the commission for new and extra programs of 1867
tidelands management, such as conservation, reclamation, 1868
preservation, acquisition, education or the enhancement of public 1869
access to the public trust tidelands or public improvement 1870
projects as they relate to those lands. 1871
(3) Any funds that are appropriated as separate line items 1872
in an appropriation bill for tideland programs or projects 1873
authorized under this section for political subdivisions or other 1874
agencies shall be disbursed as provided in this subsection. 1875
(a) The Department of Marine Resources shall make 1876
progress payments in installments based on the work completed and 1877
material used in the performance of a tidelands project only after 1878
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receiving written verification from the political subdivision or 1879
agency. The political subdivision or agency shall submit 1880
verification of the work completed or materials in such detail and 1881
form that the department may require. 1882
(b) The Department of Marine Resources shall make funds 1883
available for the purpose of using such funds as a match or 1884
leverage for federal or other funds that are available for the 1885
designated tidelands project. 1886
SECTION 34. Section 29-15-13, Mississippi Code of 1972, is 1887
brought forward as follows: 1888
29-15-13. All public projects of any federal, state or local 1889
governmental entity which serve a higher public purpose of 1890
promoting the conservation, reclamation, preservation of the 1891
tidelands and submerged lands, public use for fishing, recreation 1892
or navigation, or the enhancement of public access to such lands 1893
shall be exempt from any use or rental fees. 1894
SECTION 35. Section 59-7-405, Mississippi Code of 1972, is 1895
brought forward as follows: 1896
59-7-405. (1) (a) The governing authorities of any 1897
municipality in which there is situated and located, in whole or 1898
in part, a port or harbor through which commerce flows, and having 1899
not less than eight (8) industries engaged in the seafood 1900
industry, which maintains a channel and/or harbor to a depth of 1901
not less than eight (8) feet, may engage in, either directly or 1902
through the commission hereinafter provided and designated, and 1903
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such other agencies as hereafter may be provided by law, works of 1904
internal improvement, or promoting, developing, constructing, 1905
maintaining and operating harbors or seaports within the state and 1906
its jurisdiction, and either directly or through the commission 1907
hereinafter provided for, with the power and authority to acquire, 1908
purchase, install, rent, lease, mortgage and/or otherwise 1909
encumber, to construct, own, hold, maintain, equip, use, control 1910
and operate at seaports or harbors, wharves, piers, docks, 1911
warehouses, cold storage facilities, water and rail terminals, 1912
airplane landing fields and strips, and other structures and 1913
facilities, needful for the convenient use of the same in the aid 1914
of commerce and navigation, and including the dredging of channels 1915
and approaches to the facilities, and being authorized to fill in 1916
and reclaim bottomlands where incidental and necessary to the 1917
foregoing development. 1918
(b) A municipality, which is operating a port through a 1919
port commission under this section, may dissolve the port 1920
commission as provided in Section 59-7-408 and directly operate 1921
and maintain the port as provided under this article. 1922
(2) The municipal authorities or commission, in connection 1923
with the exercise of the foregoing works of improvement and 1924
development, may as an adjunct to any such work of improvement or 1925
development to erect or construct such bridges, causeways or 1926
structures as may be required for access to and from the harbors 1927
or facilities provided as aforesaid by the municipal authorities 1928
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or the commission, and including any necessary bridge or causeway 1929
or combination of the same, connecting with any island or islands 1930
lying within three (3) leagues of the main shoreline of the 1931
Mississippi Sound or the Gulf of Mexico, and whether the same be 1932
within or without the limits of the municipality concerned. 1933
(3) The municipal authorities or commission may procure, by 1934
gift, grant, purchase, or by the exercise of eminent domain, and 1935
for the public purposes and uses herein provided for, such land or 1936
interest therein as may be required for the purposes of this 1937
article, and regardless of whether the land be within or without 1938
the limits of the municipality involved. 1939
(4) The municipal authorities or commission, in the exercise 1940
of the powers granted hereunder, may provide any of the aforesaid 1941
facilities alone or in collaboration and in conjunction with any 1942
other public bodies, entities or commissions, as may now or 1943
hereafter be established by law. 1944
(5) The municipal authorities or commission may provide, 1945
among other harbor facilities, small craft and pleasure craft 1946
harbors and facilities needed therefor, including park and 1947
recreational facilities as an adjunct thereto, and in order to 1948
develop and promote tourist and recreational trade in the port. 1949
(6) The municipal authorities or commission have the power 1950
and authority to carry out the provisions of this article, to 1951
employ engineers, attorneys, and such employees as may be 1952
necessary in carrying out the provisions of this article, from 1953
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time to time, and for the purpose of operating the facilities 1954
herein provided for, and may prescribe reasonable compensation in 1955
connection with such employment. 1956
SECTION 36. Section 59-15-1, Mississippi Code of 1972, is 1957
amended as follows: 1958
59-15-1. The authorities of any city in this state which has 1959
a population of ten thousand (10,000) or more, according to the 1960
last official government census, and the authorities of any 1961
municipality bordering on the Mississippi Sound or Gulf of Mexico 1962
are hereby given the authority to acquire by purchase, deed, 1963
donation, gift, grant, reclamation, lease, dedication, or 1964
otherwise, land, harbor sites or water frontage for the purpose of 1965
establishing, developing, promoting, maintaining, and operating 1966
harbors for small water crafts and recreational parks connected 1967
therewith within its territorial limits, or both, and shall have 1968
the power to acquire, purchase, install, rent, lease, mortgage, 1969
incumber, construct, own, hold, maintain, equip, use, control and 1970
operate recreational parks and harbors for small water craft. 1971
SECTION 37. Section 75-76-67, Mississippi Code of 1972, is 1972
brought forward as follows: 1973
75-76-67. (1) Any person who the commission determines is 1974
qualified to receive a license or be found suitable under the 1975
provisions of this chapter, having due consideration for the 1976
proper protection of the health, safety, morals, good order and 1977
general welfare of the inhabitants of the State of Mississippi and 1978
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the declared policy of this state, may be issued a state gaming 1979
license or found suitable. The burden of proving his 1980
qualification to receive any license or be found suitable is on 1981
the applicant. 1982
(2) An application to receive a license or be found suitable 1983
shall not be granted unless the commission is satisfied that the 1984
applicant is: 1985
(a) A person of good character, honesty and integrity; 1986
(b) A person whose prior activities, criminal record, 1987
if any, reputation, habits and associations do not pose a threat 1988
to the public interest of this state or to the effective 1989
regulation and control of gaming, or create or enhance the dangers 1990
of unsuitable, unfair or illegal practices, methods and activities 1991
in the conduct of gaming or the carrying on of the business and 1992
financial arrangements incidental thereto; and 1993
(c) In all other respects qualified to be licensed or 1994
found suitable consistent with the declared laws of the state. 1995
(3) No person shall be granted a license or found suitable 1996
under the provisions of this chapter who has been convicted of a 1997
felony in any court of this state, another state, or the United 1998
States; and no person shall be granted a license or found suitable 1999
hereunder who has been convicted of a crime in any court of 2000
another state or the United States which, if committed in this 2001
state, would be a felony; and no person shall be granted a license 2002
or found suitable under the provisions of this chapter who has 2003
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been convicted of a misdemeanor in any court of this state or of 2004
another state, when such conviction was for gambling, sale of 2005
alcoholic beverages to minors, prostitution, or procuring or 2006
inducing individuals to engage in prostitution. 2007
(4) A license to operate a gaming establishment shall not be 2008
granted unless the applicant has satisfied the commission that: 2009
(a) He has adequate business probity, competence and 2010
experience, in gaming or generally; and 2011
(b) The proposed financing of the entire operation is: 2012
(i) Adequate for the nature of the proposed 2013
operation; and 2014
(ii) From a suitable source. Any lender or other 2015
source of money or credit which the commission finds does not meet 2016
the standards set forth in subsection (2) may be deemed 2017
unsuitable. 2018
(5) An application to receive a license or be found suitable 2019
constitutes a request for a determination of the applicant's 2020
general character, integrity and ability to participate or engage 2021
in, or be associated with gaming. Any written or oral statement 2022
made in the course of an official proceeding of the commission or 2023
the executive director or any witness testifying under oath which 2024
is relevant to the purpose of the proceeding is absolutely 2025
privileged and does not impose liability for defamation or 2026
constitute a ground for recovery in any civil action. 2027
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(6) The commission may, in its discretion, grant a license 2028
to a corporation which has complied with the provisions of this 2029
chapter. 2030
(7) The commission may, in its discretion, grant a license 2031
to a limited partnership which has complied with the provisions of 2032
this chapter. 2033
(8) No limited partnership, except one whose sole limited 2034
partner is a publicly traded corporation which has registered with 2035
the commission, or business trust or organization or other 2036
association of a quasi-corporate character is eligible to receive 2037
or hold any license under this chapter unless all persons having 2038
any direct or indirect interest therein of any nature whatsoever, 2039
whether financial, administrative, policymaking or supervisory, 2040
are individually qualified to be licensed under the provisions of 2041
this chapter. 2042
(9) The commission may, by regulation, limit the number of 2043
persons who may be financially interested and the nature of their 2044
interest in any corporation or other organization or association 2045
licensed under this chapter, and may establish such other 2046
qualifications of licenses as the commission, in its discretion, 2047
deems to be in the public interest and consistent with the 2048
declared policy of the state. 2049
SECTION 38. Section 87-1-5, Mississippi Code of 1972, is 2050
amended as follows: 2051
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87-1-5. If any person, by playing at any game whatever, or 2052
by betting on the sides or hands of such as do play at any game, 2053
or by betting on any horse race or cockfight, or at any other 2054
sport or pastime, or by any wager whatever, shall lose any money, 2055
property, or other valuable thing, real or personal, and shall pay 2056
or deliver the same or any part thereof, the person so losing and 2057
paying or delivering the same, or his wife or children, may sue 2058
for and recover such money, property, or other valuable thing so 2059
lost and paid or delivered, or any part thereof, from the person 2060
knowingly receiving the same, with costs. However, this section 2061
shall not apply to betting, gaming or wagering: 2062
(a) On a cruise vessel as defined in Section 27-109-1 2063
whenever such vessel is in the waters within the State of 2064
Mississippi, which lie adjacent to the State of Mississippi south 2065
of the three (3) most southern counties in the State of 2066
Mississippi, including the Mississippi Sound, St. Louis Bay, 2067
Biloxi Bay and Pascagoula Bay; 2068
(b) In a structure located in whole or in part on shore 2069
in any of the three (3) most southern counties in the State of 2070
Mississippi in which the registered voters of the county have 2071
voted to allow such betting, gaming or wagering on cruise vessels 2072
as provided in Section 19-3-79, if: 2073
(i) The structure is owned, leased or controlled 2074
by a person possessing a gaming license, as defined in Section 2075
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75-76-5, to conduct legal gaming on a cruise vessel under 2076
paragraph (a) of this section; 2077
(ii) The part of the structure in which licensed 2078
gaming activities are conducted is located entirely in an area 2079
which is located no more than eight hundred (800) feet from the 2080
mean high-water line (as defined in Section 29-15-1) of the waters 2081
within the State of Mississippi, which lie adjacent to the State 2082
of Mississippi south of the three (3) most southern counties in 2083
the State of Mississippi, including the Mississippi Sound, St. 2084
Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to 2085
Harrison County only, no farther north than the southern boundary 2086
of the right-of-way for U.S. Highway 90, whichever is greater; and 2087
(iii) In the case of a structure that is located 2088
in whole or part on shore, the part of the structure in which 2089
licensed gaming activities are conducted shall lie adjacent to 2090
state waters south of the three (3) most southern counties in the 2091
State of Mississippi, including the Mississippi Sound, St. Louis 2092
Bay, Biloxi Bay and Pascagoula Bay. When the site upon which the 2093
structure is located consists of a parcel of real property, 2094
easements and rights-of-way for public streets and highways shall 2095
not be construed to interrupt the contiguous nature of the parcel, 2096
nor shall the footage contained within the easements and 2097
rights-of-way be counted in the calculation of the distances 2098
specified in subparagraph (ii) * * *; 2099
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(c) On a vessel as defined in Section 27-109-1 whenever 2100
such vessel is on the Mississippi River or navigable waters within 2101
any county bordering on the Mississippi River; or 2102
(d) That is legal under the laws of the State of 2103
Mississippi. 2104
SECTION 39. Section 97-33-25, Mississippi Code of 1972, is 2105
amended as follows: 2106
97-33-25. If any person shall sell or buy, either directly 2107
or indirectly, any chance in what is commonly called pool, upon 2108
any event whatever, or shall in any manner engage in such business 2109
or pastime, he shall be fined not more than Five Hundred Dollars 2110
($500.00) or shall be imprisoned in the county jail not more than 2111
ninety (90) days; provided, however, this section shall not apply 2112
to betting, gaming or wagering: 2113
(a) On a cruise vessel as defined in Section 27-109-1 2114
whenever such vessel is in the waters within the State of 2115
Mississippi, which lie adjacent to the State of Mississippi south 2116
of the three (3) most southern counties in the State of 2117
Mississippi, including the Mississippi Sound, St. Louis Bay, 2118
Biloxi Bay and Pascagoula Bay, and in which the registered voters 2119
of the county in which the port is located have not voted to 2120
prohibit such betting, gaming or wagering on cruise vessels as 2121
provided in Section 19-3-79; 2122
(b) In a structure located in whole or in part on shore 2123
in any of the three (3) most southern counties in the State of 2124
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Mississippi in which the registered voters of the county have 2125
voted to allow such betting, gaming or wagering on cruise vessels 2126
as provided in Section 19-3-79, if: 2127
(i) The structure is owned, leased or controlled 2128
by a person possessing a gaming license, as defined in Section 2129
75-76-5, to conduct legal gaming on a cruise vessel under 2130
paragraph (a) of this section; 2131
(ii) The part of the structure in which licensed 2132
gaming activities are conducted is located entirely in an area 2133
which is located no more than eight hundred (800) feet from the 2134
mean high-water line (as defined in Section 29-15-1) of the waters 2135
within the State of Mississippi, which lie adjacent to the State 2136
of Mississippi south of the three (3) most southern counties in 2137
the State of Mississippi, including the Mississippi Sound, St. 2138
Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to 2139
Harrison County only, no farther north than the southern boundary 2140
of the right-of-way for U.S. Highway 90, whichever is greater; and 2141
(iii) In the case of a structure that is located 2142
in whole or part on shore, the part of the structure in which 2143
licensed gaming activities are conducted shall lie adjacent to 2144
state waters south of the three (3) most southern counties in the 2145
State of Mississippi, including the Mississippi Sound, St. Louis 2146
Bay, Biloxi Bay and Pascagoula Bay. When the site upon which the 2147
structure is located consists of a parcel of real property, 2148
easements and rights-of-way for public streets and highways shall 2149
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not be construed to interrupt the contiguous nature of the parcel, 2150
nor shall the footage contained within the easements and 2151
rights-of-way be counted in the calculation of the distances 2152
specified in subparagraph (ii) * * *; 2153
(c) On a vessel as defined in Section 27-109-1 whenever 2154
such vessel is on the Mississippi River or navigable waters within 2155
any county bordering on the Mississippi River, and in which the 2156
registered voters of the county in which the port is located have 2157
not voted to prohibit such betting, gaming or wagering on vessels 2158
as provided in Section 19-3-79; or 2159
(d) That is legal under the laws of the State of 2160
Mississippi. 2161
SECTION 40. Section 97-33-27, Mississippi Code of 1972, is 2162
amended as follows: 2163
97-33-27. If any person shall bet on a horse race or a yacht 2164
race or on a shooting match, he shall be fined not more than Five 2165
Hundred Dollars ($500.00), and, unless the fine and costs be 2166
immediately paid, he shall be imprisoned in the county jail not 2167
more than ninety (90) days; provided, however, this section shall 2168
not apply to betting, gaming or wagering: 2169
(a) On a cruise vessel as defined in Section 27-109-1 2170
whenever such vessel is in the waters within the State of 2171
Mississippi, which lie adjacent to the State of Mississippi south 2172
of the three (3) most southern counties in the State of 2173
Mississippi, including the Mississippi Sound, St. Louis Bay, 2174
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Biloxi Bay and Pascagoula Bay, and in which the registered voters 2175
of the county in which the port is located have not voted to 2176
prohibit such betting, gaming or wagering on cruise vessels as 2177
provided in Section 19-3-79; 2178
(b) In a structure located in whole or in part on shore 2179
in any of the three (3) most southern counties in the State of 2180
Mississippi in which the registered voters of the county have 2181
voted to allow such betting, gaming or wagering on cruise vessels 2182
as provided in Section 19-3-79, if: 2183
(i) The structure is owned, leased or controlled 2184
by a person possessing a gaming license, as defined in Section 2185
75-76-5, to conduct legal gaming on a cruise vessel under 2186
paragraph (a) of this section; 2187
(ii) The part of the structure in which licensed 2188
gaming activities are conducted is located entirely in an area 2189
which is located no more than eight hundred (800) feet from the 2190
mean high-water line (as defined in Section 29-15-1) of the waters 2191
within the State of Mississippi, which lie adjacent to the State 2192
of Mississippi south of the three (3) most southern counties in 2193
the State of Mississippi, including the Mississippi Sound, St. 2194
Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to 2195
Harrison County only, no farther north than the southern boundary 2196
of the right-of-way for U.S. Highway 90, whichever is greater; and 2197
(iii) In the case of a structure that is located 2198
in whole or part on shore, the part of the structure in which 2199
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ST: Mobile Sports Betting; deposit monies to
benefit PERS.
licensed gaming activities are conducted shall lie adjacent to 2200
state waters south of the three (3) most southern counties in the 2201
State of Mississippi, including the Mississippi Sound, St. Louis 2202
Bay, Biloxi Bay and Pascagoula Bay. When the site upon which the 2203
structure is located consists of a parcel of real property, 2204
easements and rights-of-way for public streets and highways shall 2205
not be construed to interrupt the contiguous nature of the parcel, 2206
nor shall the footage contained within the easements and 2207
rights-of-way be counted in the calculation of the distances 2208
specified in subparagraph (ii) * * *; 2209
(c) On a vessel as defined in Section 27-109-1 whenever 2210
such vessel is on the Mississippi River or navigable waters within 2211
any county bordering on the Mississippi River, and in which the 2212
registered voters of the county in which the port is located have 2213
not voted to prohibit such betting, gaming or wagering on vessels 2214
as provided in Section 19-3-79; or 2215
(d) That is legal under the laws of the State of 2216
Mississippi. 2217
SECTION 41. This act shall take effect and be in force from 2218
and after July 1, 2026, however, online sports pool or online race 2219
book activities shall commence outside of a licensed gaming 2220
premises not later than December 8, 2026. 2221