Mobile sports wagering; authorize.

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To: Gaming
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Burnett

HOUSE BILL NO. 297

AN ACT TO AMEND SECTION 75-76-5, MISSISSIPPI CODE OF 1972, TO 1
REVISE THE GAMING CONTROL ACT DEFINITION OF "SPORTS POOL" AND 2
DEFINE "DIGITAL PLATFORM" AS A PERSON OR ENTITY THAT OPERATES A 3
SPORTS POOL OR RACE BOOK OVER THE INTERNET, INCLUDING ON WEBSITES 4
AND MOBILE DEVICES; TO AMEND SECTIONS 75-76-33, 75-76-55, 5
75-76-79, 75-76-89, 75-76-101 AND 75-76-175, MISSISSIPPI CODE OF 6
1972, TO AUTHORIZE THE USE OF DIGITAL PLATFORMS; TO AMEND SECTION 7
75-76-177, MISSISSIPPI CODE OF 1972, TO REVISE THE GAMING LICENSE 8
FEES IN REGARDS TO PLATFORM GROSS REVENUES; TO AMEND SECTION 9
97-33-305, MISSISSIPPI CODE OF 1972, TO REVISE THE FANTASY CONTEST 10
ACT TO DELETE THE PROHIBITION ON OPERATORS OFFERING CONTESTS BASED 11
ON THE PERFORMANCE OF PARTICIPANTS IN COLLEGIATE SPORTS EVENTS; 12
AND FOR RELATED PURPOSES. 13
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 14
SECTION 1. Section 75-76-5, Mississippi Code of 1972, is 15
amended as follows: 16
75-76-5. As used in this chapter, unless the context 17
requires otherwise: 18
(a) "Applicant" means any person who has applied for or 19
is about to apply for a state gaming license, registration or 20
finding of suitability under the provisions of this chapter or 21
approval of any act or transaction for which approval is required 22
or permitted under the provisions of this chapter. 23
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(b) "Application" means a request for the issuance of a 24
state gaming license, registration or finding of suitability under 25
the provisions of this chapter or for approval of any act or 26
transaction for which approval is required or permitted under the 27
provisions of this chapter but does not include any supplemental 28
forms or information that may be required with the application. 29
(c) "Associated equipment" means any equipment or 30
mechanical, electromechanical or electronic contrivance, component 31
or machine used remotely or directly in connection with gaming or 32
with any game, race book or sports pool that would not otherwise 33
be classified as a gaming device, including dice, playing cards, 34
links which connect to progressive slot machines, equipment which 35
affects the proper reporting of gross revenue, computerized 36
systems of betting at a race book or sports pool, computerized 37
systems for monitoring slot machines, and devices for weighing or 38
counting money. Associated equipment does not include a personal 39
computer, mobile phone or other device owned and used by an 40
individual to place a sports betting wager via a digital platform. 41
(d) "Chairman" means the Chairman of the Mississippi 42
Gaming Commission except when used in the term "Chairman of the 43
State Tax Commission." "Chairman of the State Tax Commission" or 44
"commissioner" means the Commissioner of Revenue of the Department 45
of Revenue. 46
(e) "Commission" or "Mississippi Gaming Commission" 47
means the Mississippi Gaming Commission. 48
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(f) "Commission member" means a member of the 49
Mississippi Gaming Commission. 50
(g) "Credit instrument" means a writing which evidences 51
a gaming debt owed to a person who holds a license at the time the 52
debt is created, and includes any writing taken in consolidation, 53
redemption or payment of a prior credit instrument. 54
(h) "Enforcement division" means a particular division 55
supervised by the executive director that provides enforcement 56
functions. 57
(i) "Establishment" means any premises wherein or 58
whereon any gaming is done. 59
(j) "Executive director" means the Executive Director 60
of the Mississippi Gaming Commission. 61
(k) Except as otherwise provided by law, "game," or 62
"gambling game" means any banking or percentage game played with 63
cards, with dice or with any mechanical, electromechanical or 64
electronic device or machine for money, property, checks, credit 65
or any representative of value, including, without limiting, the 66
generality of the foregoing, faro, monte, roulette, keno, fan-tan, 67
twenty-one, blackjack, seven-and-a-half, big injun, klondike, 68
craps, poker, chuck-a-luck (dai shu), wheel of fortune, chemin de 69
fer, baccarat, pai gow, beat the banker, panguingui, slot machine, 70
or any other game or device approved by the commission. However, 71
"game" or "gambling game" shall not include bingo games or raffles 72
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which are held pursuant to the provisions of Section 97-33-51, or 73
the illegal gambling activities described in Section 97-33-8. 74
The commission shall not be required to recognize any game 75
hereunder with respect to which the commission determines it does 76
not have sufficient experience or expertise. 77
(l) "Gaming" or "gambling" means to deal, operate, 78
carry on, conduct, maintain or expose for play any game as defined 79
in this chapter. 80
(m) "Gaming device" means any mechanical, 81
electromechanical or electronic contrivance, component or machine 82
used in connection with gaming or any game which affects the 83
result of a wager by determining win or loss. The term includes a 84
system for processing information which can alter the normal 85
criteria of random selection, which affects the operation of any 86
game, or which determines the outcome of a game. The term does 87
not include a system or device which affects a game solely by 88
stopping its operation so that the outcome remains undetermined, 89
and does not include any antique coin machine as defined in 90
Section 27-27-12. Gaming device does not include a personal 91
computer, mobile phone or other device owned and used by an 92
individual to place a sports betting wager via a digital platform. 93
(n) "Gaming employee" means any person connected 94
directly with the operation of a gaming establishment licensed to 95
conduct any game, including: 96
(i) Boxmen; 97
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(ii) Cashiers; 98
(iii) Change personnel; 99
(iv) Counting room personnel; 100
(v) Dealers; 101
(vi) Floormen; 102
(vii) Hosts or other persons empowered to extend 103
credit or complimentary services; 104
(viii) Keno runners; 105
(ix) Keno writers; 106
(x) Machine mechanics; 107
(xi) Security personnel; 108
(xii) Shift or pit bosses; 109
(xiii) Shills; 110
(xiv) Supervisors or managers; and 111
(xv) Ticket writers. 112
The term "gaming employee" also includes employees of 113
manufacturers or distributors of gaming equipment within this 114
state whose duties are directly involved with the manufacture, 115
repair or distribution of gaming equipment. 116
"Gaming employee" does not include bartenders, cocktail 117
waitresses or other persons engaged in preparing or serving food 118
or beverages unless acting in some other capacity. 119
(o) "Gaming license" means any license issued by the 120
state which authorizes the person named therein to engage in 121
gaming. 122
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(p) "Gross revenue" means the total of all of the 123
following, less the total of all cash paid out as losses to 124
patrons and those amounts paid to purchase annuities to fund 125
losses paid to patrons over several years by independent financial 126
institutions: 127
(i) Cash received as winnings; 128
(ii) Cash received in payment for credit extended 129
by a licensee to a patron for purposes of gaming; and 130
(iii) Compensation received for conducting any 131
game in which the licensee is not party to a wager. 132
For the purposes of this definition, cash or the value of 133
noncash prizes awarded to patrons in a contest or tournament are 134
not losses. 135
The term does not include: 136
(i) Counterfeit money or tokens; 137
(ii) Coins of other countries which are received 138
in gaming devices; 139
(iii) Cash taken in fraudulent acts perpetrated 140
against a licensee for which the licensee is not reimbursed; or 141
(iv) Cash received as entry fees for contests or 142
tournaments in which the patrons compete for prizes. 143
(q) "Hearing examiner" means a member of the 144
Mississippi Gaming Commission or other person authorized by the 145
commission to conduct hearings. 146
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(r) "Investigation division" means a particular 147
division supervised by the executive director that provides 148
investigative functions. 149
(s) "License" means a gaming license or a 150
manufacturer's, seller's or distributor's license. 151
(t) "Licensee" means any person to whom a valid license 152
has been issued. 153
(u) "License fees" means monies required by law to be 154
paid to obtain or continue a gaming license or a manufacturer's, 155
seller's or distributor's license. 156
(v) "Licensed gaming establishment" means any premises 157
licensed pursuant to the provisions of this chapter wherein or 158
whereon gaming is done. 159
(w) "Manufacturer's," "seller's" or "distributor's" 160
license means a license issued pursuant to Section 75-76-79. 161
(x) "Navigable waters" shall have the meaning ascribed 162
to such term under Section 27-109-1. 163
(y) "Operation" means the conduct of gaming. 164
(z) "Party" means the Mississippi Gaming Commission and 165
any licensee or other person appearing of record in any proceeding 166
before the commission; or the Mississippi Gaming Commission and 167
any licensee or other person appearing of record in any proceeding 168
for judicial review of any action, decision or order of the 169
commission. 170
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(aa) "Person" includes any association, corporation, 171
firm, partnership, trust or other form of business association as 172
well as a natural person. 173
(bb) "Premises" means land, together with all 174
buildings, improvements and personal property located thereon, and 175
includes all parts of any vessel or cruise vessel. 176
(cc) "Race book" means the business of accepting wagers 177
upon the outcome of any event held at a track which uses the 178
pari-mutuel system of wagering. 179
(dd) "Regulation" means a rule, standard, directive or 180
statement of general applicability which effectuates law or policy 181
or which describes the procedure or requirements for practicing 182
before the commission. The term includes a proposed regulation 183
and the amendment or repeal of a prior regulation but does not 184
include: 185
(i) A statement concerning only the internal 186
management of the commission and not affecting the rights or 187
procedures available to any licensee or other person; 188
(ii) A declaratory ruling; 189
(iii) An interagency memorandum; 190
(iv) The commission's decision in a contested case 191
or relating to an application for a license; or 192
(v) Any notice concerning the fees to be charged 193
which are necessary for the administration of this chapter. 194
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(ee) "Respondent" means any licensee or other person 195
against whom a complaint has been filed with the commission. 196
(ff) "Slot machine" means any mechanical, electrical or 197
other device, contrivance or machine which, upon insertion of a 198
coin, token or similar object, or upon payment of any 199
consideration, is available to play or operate, the play or 200
operation of which, whether by reason of the skill of the operator 201
or application of the element of chance, or both, may deliver or 202
entitle the person playing or operating the machine to receive 203
cash, premiums, merchandise, tokens or anything of value, whether 204
the payoff is made automatically from the machine or in any other 205
manner. The term does not include any antique coin machine as 206
defined in Section 27-27-12. 207
(gg) "Sports pool" means the business of accepting 208
wagers on collegiate, amateur or professional sporting events or 209
athletic events, including e-sports, or any other event or 210
competition authorized by the commission, by any system or method 211
of wagering other than the system known as the "pari-mutuel method 212
of wagering * * *," including, but not limited to, digital 213
platforms. The term includes, but is not limited to, single-game 214
bets, teaser bets, parlays, over-under, moneyline, pools, exchange 215
wagering, in-game wagering, in-play bets, proposition bets and 216
straight bets. The term does not include fantasy contests as 217
defined in Section 97-33-303. 218
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(hh) "State Tax Commission" or "department" means the 219
Department of Revenue of the State of Mississippi. 220
(ii) "Temporary work permit" means a work permit which 221
is valid only for a period not to exceed ninety (90) days from its 222
date of issue and which is not renewable. 223
(jj) "Vessel" or "cruise vessel" shall have the 224
meanings ascribed to such terms under Section 27-109-1. 225
(kk) "Work permit" means any card, certificate or 226
permit issued by the commission, whether denominated as a work 227
permit, registration card or otherwise, authorizing the employment 228
of the holder as a gaming employee. A document issued by any 229
governmental authority for any employment other than gaming is not 230
a valid work permit for the purposes of this chapter. 231
(ll) "School or training institution" means any school 232
or training institution which is licensed by the commission to 233
teach or train gaming employees pursuant to Section 75-76-34. 234
(mm) "Cheat" means to alter the selection of criteria 235
that determine: 236
(i) The rules of a game; or 237
(ii) The amount or frequency of payment in a game. 238
(nn) "Promotional activity" means an activity or event 239
conducted or held for the purpose of promoting or marketing the 240
individual licensed gaming establishment that is engaging in the 241
promotional activity. The term includes, but is not limited to, a 242
game of any kind other than as defined in paragraph (k) of this 243
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section, a tournament, a contest, a drawing, or a promotion of any 244
kind. 245
(oo) "Digital platform" means the operation of a sports 246
pool or race book over the Internet, including on websites and 247
mobile devices, by the holder of a gaming license or by an 248
operator on behalf of the holder of a gaming license. 249
Notwithstanding any provision of the law to the contrary, a 250
digital platform may determine whether to accept or reject wagers, 251
determine the results of wagers and payout winning wagers. The 252
branding for each digital platform shall be determined by the 253
operator. 254
(pp) "Operator" means an entity licensed as a 255
manufacturer and distributor and authorized by the commission to 256
operate a digital platform on behalf of the holder of a gaming 257
license. 258
(qq) "Sports pool wagering account" means a financial 259
record established by a gaming licensee or operator for an 260
individual patron in which the patron may deposit and withdraw 261
funds for sports pool wagering and other authorized purchases, and 262
to which the gaming licensee or operator may credit winnings or 263
other amounts due to that patron or authorized by that patron. 264
Such account can be established and funded by the patron 265
electronically through a digital platform. 266
SECTION 2. Section 75-76-33, Mississippi Code of 1972, is 267
amended as follows: 268
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75-76-33. (1) The commission shall, from time to time, 269
adopt, amend or repeal such regulations, consistent with the 270
policy, objects and purposes of this chapter, as it may deem 271
necessary or desirable in the public interest in carrying out the 272
policy and provisions of this chapter. The commission shall 273
comply with the Mississippi Administrative Procedures Law when 274
adopting, amending or repealing any regulations authorized under 275
this section or under any other provision of this chapter. 276
(2) These regulations shall, without limiting the general 277
powers herein conferred, include the following: 278
(a) Prescribing the method and form of application 279
which any applicant for a license or for a manufacturer's, 280
seller's or distributor's license must follow and complete before 281
consideration of his application by the executive director or the 282
commission. 283
(b) Prescribing the information to be furnished by any 284
applicant or licensee concerning his antecedents, habits, 285
character, associates, criminal record, business activities and 286
financial affairs, past or present. 287
(c) Prescribing the information to be furnished by a 288
licensee relating to his employees. 289
(d) Requiring fingerprinting of an applicant or 290
licensee, and gaming employees of a licensee, or other methods of 291
identification and the forwarding of all fingerprints taken 292
pursuant to regulation of the Federal Bureau of Investigation. 293
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(e) Prescribing the manner and procedure of all 294
hearings conducted by the commission or any hearing examiner of 295
the commission, including special rules of evidence applicable 296
thereto and notices thereof. 297
(f) Requiring any applicant to pay all or any part of 298
the fees and costs of investigation of such applicant as may be 299
determined by the commission under paragraph (g) of this 300
subsection (2). 301
(g) Prescribing the amounts of investigative fees only 302
as authorized by regulations of the commission under paragraph (f) 303
of this subsection, and collecting those fees. The commission 304
shall adopt regulations setting the amounts of those fees at 305
levels that will provide the commission with sufficient revenue, 306
when combined with any other monies as may be deposited into the 307
Mississippi Gaming Commission Fund created in Section 75-76-325, 308
to carry out the provisions of this chapter without any state 309
general funds. In calculating the amount of such fees, the 310
commission shall: 311
(i) Attempt to set the fees at levels that will 312
create a balance in the Mississippi Gaming Commission Fund that 313
does not exceed, at the end of any state fiscal year, two percent 314
(2%) of the projected amount of funds that will provide the 315
commission with such sufficient revenue; and 316
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(ii) Demonstrate the reasonableness of the 317
relationship between a fee and the actual costs of the 318
investigative activity for which the fee is being prescribed. 319
(h) Prescribing the manner and method of collection and 320
payment of fees and issuance of licenses. 321
(i) Prescribing under what conditions a licensee may be 322
deemed subject to revocation or suspension of his license. 323
(j) Requiring any applicant or licensee to waive any 324
privilege with respect to any testimony at any hearing or meeting 325
of the commission, except any privilege afforded by the 326
Constitution of the United States or this state. 327
(k) Defining and limiting the area, games and devices 328
permitted, and the method of operation of such games and devices, 329
for the purposes of this chapter. 330
(l) Prescribing under what conditions the nonpayment of 331
a gambling debt by a licensee shall be deemed grounds for 332
revocation or suspension of his license. 333
(m) Governing the use and approval of gambling devices 334
and equipment. 335
(n) Prescribing the qualifications of, and the 336
conditions under which, attorneys, accountants and others are 337
permitted to practice before the commission. 338
(o) Restricting access to confidential information 339
obtained under this chapter and ensuring that the confidentiality 340
of such information is maintained and protected. 341
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(p) Prescribing the manner and procedure by which the 342
executive director on behalf of the commission shall notify a 343
county or a municipality wherein an applicant for a license 344
desires to locate. 345
(q) Prescribing the manner and procedure for an 346
objection to be filed with the commission and the executive 347
director by a county or municipality wherein an applicant for a 348
license desires to locate. 349
(3) * * * Except for wagers placed through approved digital 350
platforms, each licensee shall be required to comply with the 351
regulation that no wager may be placed by, or on behalf of, any 352
individual or entity or group, not present on a licensed vessel or 353
cruise vessel. 354
(4) Gaming licensees and operators shall accept wagers 355
placed from sports pool wagering accounts through digital 356
platforms provided that such wagers are initiated, received and 357
otherwise made within Mississippi unless otherwise determined by 358
the commission in accordance with applicable federal and state 359
law. Consistent with the intent of the United States Congress and 360
as articulated in the federal Unlawful Internet Gambling 361
Enforcement Act of 2006, 31 USC Sections 5361-5367, the 362
intermediate routing of electronic data related to a lawful 363
intrastate wager authorized under that provision does not 364
determine the location or locations in which the wager is 365
initiated, received or otherwise made. 366
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( * * *5) From and after July 1, 2016, the expenses of this 367
agency shall be defrayed by appropriation from the State General 368
Fund and all user charges and fees authorized under this section 369
shall be deposited into the State General Fund as authorized by 370
law. 371
( * * *6) From and after July 1, 2016, no state agency shall 372
charge another state agency a fee, assessment, rent or other 373
charge for services or resources received by authority of this 374
section. 375
SECTION 3. Section 75-76-55, Mississippi Code of 1972, is 376
amended as follows: 377
75-76-55. (1) Except for an approved digital platform, or 378
as otherwise provided in Section 75-76-34, it is unlawful for any 379
person, either as owner, lessee or employee, whether for hire or 380
not, either solely or in conjunction with others, without having 381
first procured and thereafter maintaining in effect a state gaming 382
license: 383
(a) To deal, operate, carry on, conduct, maintain or 384
expose for play in the State of Mississippi any gambling game, 385
including, without limitation, any gaming device, slot machine, 386
race book or sports pool; 387
(b) To provide or maintain any information service the 388
primary purpose of which is to aid the placing or making of wagers 389
on events of any kind; or 390
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(c) To receive, directly or indirectly, any 391
compensation or reward or any percentage or share of the money or 392
property played, for keeping, running or carrying on any gambling 393
game, including, without limitation, any slot machine, gaming 394
device, race book or sports pool. 395
(2) Except for an approved digital platform, or as otherwise 396
provided in Section 75-76-34, it is unlawful for any person 397
knowingly to permit any gambling game, including, without 398
limitation, any slot machine, gaming device, race book or sports 399
pool to be conducted, operated, dealt or carried on in any house 400
or building or other premises owned by him, in whole or in part, 401
by a person who is not licensed pursuant to this chapter or by his 402
employee. 403
SECTION 4. Section 75-76-79, Mississippi Code of 1972, is 404
amended as follows: 405
75-76-79. (1) (a) Except as otherwise provided in 406
paragraphs (b) and (c) of this subsection, it is unlawful for any 407
person, either as owner, lessee or employee, whether for hire or 408
not, to operate, carry on, conduct or maintain any form of 409
manufacture, selling or distribution of any gaming device for use 410
or play in Mississippi or for distribution outside of Mississippi 411
without first procuring and maintaining all required federal and 412
state licenses. 413
(b) An operator shall be licensed under this section as 414
a manufacturer and a distributor. 415
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( * * *c) A lessor who specifically acquires equipment 416
for a capital lease is not required to be licensed under this 417
section. 418
( * * *d) The holder of a state gaming license or the 419
holding company of a corporate licensee may, within two (2) years 420
after cessation of business or upon specific approval by the 421
executive director, dispose of by sale in a manner approved by the 422
executive director, any or all of its gaming devices, including 423
slot machines, without a distributor's license. In cases of 424
bankruptcy of a state gaming licensee or operator or foreclosure 425
of a lien by a bank or other person holding a security interest 426
for which gaming devices are security, in whole or in part, for 427
the lien, the executive director may authorize the disposition of 428
the gaming devices without requiring a distributor's license. 429
( * * *e) Any person whom the commission determines is 430
a suitable person to receive a license under the provisions of 431
this section may be issued a manufacturer's or distributor's 432
license. The burden of proving his qualification to receive or 433
hold a license under this section is at all times on the applicant 434
or licensee. 435
( * * *f) Every person who must be licensed pursuant to 436
this section is subject to the provisions of Sections 75-76-199 437
through 75-76-265, unless exempted from those provisions by the 438
commission. 439
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( * * *g) The commission may exempt, for any purpose, a 440
manufacturer, seller or distributor from the provisions of 441
Sections 75-76-199 through 75-76-265, if the commission determines 442
that the exemption is consistent with the purposes of this 443
chapter. 444
( * * *h) As used in this section, "holding company" 445
has the meaning ascribed to it in Section 75-76-199. 446
(2) If the commission determines that a manufacturer or 447
distributor is unsuitable to receive or hold a license: 448
(a) No new gaming device or associated equipment 449
manufactured by the manufacturer or distributed by the distributor 450
may be approved; 451
(b) Any previously approved device or associated 452
equipment manufactured by the manufacturer or distributed by the 453
distributor is subject to revocation of approval if the reasons 454
for the denial of the license also apply to that device or 455
associated equipment; 456
(c) No new device or associated equipment manufactured 457
by the manufacturer or distributed by the distributor may be sold, 458
transferred or offered for use or play in Mississippi; and 459
(d) Any association or agreement between the 460
manufacturer or distributor and a licensee must be terminated, 461
unless otherwise provided by the commission. An agreement between 462
such a manufacturer or distributor of gaming devices or associated 463
equipment and a licensee shall be deemed to include a provision 464
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for its termination without liability on the part of the licensee 465
upon a finding by the commission that the manufacturer is 466
unsuitable to be associated with a gaming enterprise. Failure to 467
include that condition in the agreement is not a defense in any 468
action brought pursuant to this section to terminate the 469
agreement. 470
(3) Failure of a licensee to terminate any association or 471
agreement with a manufacturer or distributor of gaming devices or 472
associated equipment after receiving notice of a determination of 473
unsuitability, the denial of a license or failure to file a timely 474
application for a license, is an unsuitable method of operation. 475
(4) There is hereby imposed and levied on each applicant for 476
a manufacturer's, seller's or distributor's license under this 477
section an annual license fee in the following amount: 478
(a) For the issuance or continuation of a 479
manufacturer's license, One Thousand Dollars ($1,000.00). 480
(b) For the issuance or continuation of a seller's or 481
distributor's license, Five Hundred Dollars ($500.00). 482
This fee is to be paid by the applicant to the * * * 483
Department of Revenue on or before the filing of the application 484
for a manufacturer's, seller's or distributor's license by the 485
applicant. Upon such payment the * * * Commissioner of Revenue 486
shall certify to the executive director that such fee has been 487
paid by the applicant. 488
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Except for those amounts that a person issued a 489
manufacturer's license under this section may charge for goods 490
supplied or services rendered, the person holding the 491
manufacturer's license may not be directly reimbursed by a holder 492
of a gaming license for the cost of any fee paid by the person for 493
the issuance or continuation of such a license, whether imposed 494
under this section or any other provision of this chapter. 495
(5) A manufacturer or distributor of associated equipment 496
who sells, transfers or offers the associated equipment for use or 497
play in Mississippi may be required by the executive director to 498
file an application for a finding of suitability to be a 499
manufacturer or distributor of associated equipment. 500
Any person who directly or indirectly involves himself in the 501
sale, transfer or offering for use or play in Mississippi of 502
associated equipment who is not otherwise required to be licensed 503
as a manufacturer or distributor may be required by the executive 504
director to file an application for a finding of suitability to be 505
a manufacturer or distributor of associated equipment. 506
If an application for a finding of suitability is not 507
submitted within thirty (30) days after demand by the executive 508
director, he may pursue any remedy or combination of remedies 509
provided in this chapter. 510
(6) The executive director and his employees may inspect 511
every gaming device which is manufactured, sold or distributed: 512
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(a) For use in this state, before the gaming device is 513
put into play. 514
(b) In this state for use outside this state, before 515
the gaming device is shipped out of this state. 516
The executive director may inspect every gaming device which 517
is offered for play within this state by a licensee. 518
The executive director may inspect all associated equipment 519
which is manufactured, sold or distributed for use in this state 520
before the equipment is installed or used by a gaming licensee. 521
In addition to all other fees and charges imposed by this 522
chapter, the executive director may determine an inspection fee 523
with regard to each manufacturer, seller or distributor which must 524
not exceed the actual cost of inspection and investigation. Upon 525
such determination, the executive director shall certify to 526
the * * * Commissioner of Revenue the amount of the inspection fee 527
and the name and address of the applicant. Upon such 528
certification the * * * Department of Revenue shall proceed to 529
assess and collect such inspection fee from the applicant. 530
SECTION 5. Section 75-76-89, Mississippi Code of 1972, is 531
amended as follows: 532
75-76-89. (1) Except as otherwise provided in subsection 533
( * * *2) of this section, all licenses issued to the same person, 534
including a wholly owned subsidiary of that person, for the 535
operation of any game, including a sports pool or race book, which 536
authorize gaming at the same establishment must be merged into a 537
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single gaming license. A gaming license may not be issued to any 538
person if the issuance would result in more than one (1) licensed 539
operation at a single establishment, whether or not the profits or 540
revenue from gaming are shared between the licensed operations. 541
(2) A person who has been issued a gaming license or an 542
operator may establish a sports pool or race book on the premises 543
of the establishment * * * or operate a digital platform through 544
which he or she conducts a gaming operation only after obtaining 545
permission from the executive director. 546
SECTION 6. Section 75-76-101, Mississippi Code of 1972, is 547
amended as follows: 548
75-76-101. (1) All gaming must be conducted with chips, 549
tokens or other instrumentalities approved by the executive 550
director or with the legal tender of the United States. 551
(2) Except for a sports pool conducted through an approved 552
digital platform, no licensee shall permit participation by a 553
person in a game conducted in the licensed gaming establishment if 554
such person is not physically present in the licensed gaming 555
establishment during the period of time when such game is being 556
conducted, and all games and the participation of patrons therein 557
shall be entirely located and conducted on the licensed premises. 558
SECTION 7. Section 75-76-175, Mississippi Code of 1972, is 559
amended as follows: 560
75-76-175. (1) A credit instrument accepted on or after 561
June 29, 1991, is valid and may be enforced by legal process. 562
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(2) A licensee or a person acting on the licensee's behalf 563
may accept an incomplete credit instrument which: 564
(a) Is signed by a patron; and 565
(b) States the amount of the debt in figures * * *; and 566
may complete the instrument as is necessary for the instrument to 567
be presented for payment. 568
(3) A licensee or person acting on behalf of a licensee: 569
(a) May accept a credit instrument that is dated later 570
than the date of its execution if that later date is furnished at 571
the time of the execution of the credit instrument by the patron. 572
(b) May not accept a credit instrument which is 573
incomplete, except as authorized by subsection (2) of this 574
section. 575
(c) May accept a credit instrument that is payable to 576
an affiliated company or may complete a credit instrument in the 577
name of an affiliated company as payee if the credit instrument 578
otherwise complies with this subsection and the records of the 579
affiliated company pertaining to the credit instrument are made 580
available to the executive director upon request. 581
(4) This section does not prohibit the establishment of an 582
account: 583
(a) By a deposit of cash, recognized traveler's check, 584
or any other instruments which is equivalent to cash; or 585
(b) Electronically through an approved digital 586
platform. 587
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(5) Any person who violates the provisions of this section 588
is subject only to the penalties provided in Sections 75-76-103 589
through 75-76-119, inclusive. 590
(6) The commission may adopt regulations prescribing the 591
conditions under which a credit instrument may be redeemed or 592
presented to a bank for collection or payment. 593
SECTION 8. Section 75-76-177, Mississippi Code of 1972, is 594
amended as follows: 595
75-76-177. (1) From and after August 1, 1990, there is 596
hereby imposed and levied on each gaming licensee a license fee 597
based upon all the gross revenue of the licensee as follows: 598
(a) Four percent (4%) of all the gross revenue of the 599
licensee which does not exceed Fifty Thousand Dollars ($50,000.00) 600
per calendar month; 601
(b) Six percent (6%) of all the gross revenue of the 602
licensee which exceeds Fifty Thousand Dollars ($50,000.00) per 603
calendar month and does not exceed One Hundred Thirty-four 604
Thousand Dollars ($134,000.00) per calendar month; and 605
(c) Eight percent (8%) of all the gross revenue of the 606
licensee or operator which exceeds One Hundred Thirty-four 607
Thousand Dollars ($134,000.00) per calendar month. 608
(2) All revenue received from any game or gaming device 609
which is leased for operation on the premises of the 610
licensee-owner to a person other than the owner thereof or which 611
is located in an area or space on such premises which is leased by 612
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the licensee-owner to any such person, must be attributed to the 613
owner for the purposes of this section and be counted as part of 614
the gross revenue of the owner. The lessee is liable to the owner 615
for his proportionate share of such license fees. 616
(3) If the amount of license fees required to be reported 617
and paid pursuant to this section is later determined to be 618
greater or less than the amount actually reported and paid by the 619
licensee, the * * * Commissioner of Revenue shall: 620
(a) Assess and collect the additional license fees 621
determined to be due, with interest thereon until paid; or 622
(b) Refund any overpayment, with interest thereon, to 623
the licensee. 624
Interest must be computed, until paid, at the rate of one 625
percent (1%) per month from the first day of the first month 626
following either the due date of the additional license fees or 627
the date of overpayment. 628
(4) Failure to pay the fees provided for in this section 629
when they are due for continuation of a license shall be deemed a 630
surrender of the license. 631
SECTION 9. Section 97-33-305, Mississippi Code of 1972, is 632
amended as follows: 633
97-33-305. (1) Fantasy contests are legal in this state. A 634
fantasy contest operator must comply with the provisions of this 635
section if the operator's total player roster for all fantasy 636
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contests consists of one hundred (100) or more members of the 637
general public. 638
(2) A fantasy contest operator must implement commercially 639
reasonable procedures for fantasy contests with an entry fee to: 640
(a) Prevent employees of the operator, and relatives 641
living in the same household with an employee of an operator, from 642
competing in fantasy contests offered to the public by an operator 643
in which the operator offers a cash prize; 644
(b) Prevent sharing with third parties of confidential 645
information that could affect fantasy contest play until the 646
information is made publicly available; 647
(c) Prevent the operator from participating in a 648
fantasy contest offered by the operator; 649
(d) Verify that a fantasy contest player is eighteen 650
(18) years of age or older except as required in Section 651
97-33-307(5); 652
(e) Ensure that individuals who participate or 653
officiate in a sporting event or who own, manage or coach a team 654
or player who participates in a sporting event will not knowingly 655
be allowed to enter a fantasy contest that is determined, in whole 656
or in part, on accumulated statistical results that include a 657
sporting event in which the individual could be involved as an 658
athlete, official, owner, manager or coach; 659
(f) Allow individuals to restrict themselves from 660
entering a fantasy contest upon request and provide reasonable 661
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steps to prevent the person from entering fantasy contests offered 662
by the operator; 663
(g) Disclose the number of entries that a player may 664
submit to each fantasy contest and provide reasonable steps to 665
prevent players from submitting more than the allowable number; 666
(h) Restrict the number of entries submitted by a 667
single player for any contest as follows: 668
(i) An operator shall not allow a player to submit 669
more than one (1) entry in a contest involving twelve (12) or 670
fewer players. 671
(ii) If the number of players in a contest is more 672
than twelve (12) but fewer than thirty-seven (37), an operator 673
shall not allow a player to submit more than two (2) entries. 674
(iii) If the number of players in a contest is at 675
least thirty-seven (37) but no more than one hundred (100), an 676
operator shall not allow a player to submit more than three (3) 677
entries. 678
(iv) In any contest involving more than one 679
hundred (100) players, an operator shall not allow a player to 680
submit more than the lesser of: 681
1. Three percent (3%) of all entries; or 682
2. One hundred fifty (150) entries. 683
(v) For all advertised fantasy contests, the 684
operator must prominently include information about the maximum 685
number of entries that may be submitted for that contest. 686
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(vi) An operator may establish fantasy contests in 687
which there is no restriction on the number of entries, if those 688
contests constitute less than two percent (2%) of the total number 689
of contests it offers, and if the operator clearly discloses: 690
1. That there are no limits on the number of 691
entries by each player in the contest; and 692
2. That the cost of participating in such a 693
contest is Fifty Dollars ($50.00) or more per entry; 694
(i) Offer introductory procedures for players that are 695
prominently displayed on the main page of the operator's platform 696
to explain contest play and how to identify a highly experienced 697
player; 698
(j) Identify all highly experienced players in every 699
fantasy contest by a symbol attached to the players' usernames, or 700
by other easily visible means, on all platforms supported by the 701
operator; and 702
(k) Segregate fantasy contest player funds from 703
operational funds or maintain a reserve in the form of cash, cash 704
equivalents, payment processor reserves and receivables, an 705
irrevocable letter of credit, a bond, or a combination thereof, in 706
the amount of the total account balances of the fantasy contest 707
players for the benefit and protection of the funds held in the 708
accounts. 709
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(3) An operator shall not offer contests based on the 710
performance of participants in * * * high school or youth sports 711
events. 712
(4) A fantasy contest operator offering fantasy contests 713
with an entry fee in this state shall comply with audit procedures 714
adopted by the commission to ensure compliance with this section. 715
(5) (a) Advertisements for contests and prizes offered by 716
an operator shall not target prohibited participants, minors, or 717
self-excluded persons. 718
(b) Representations or implications about average 719
winnings from contests shall not be unfair or misleading. Such 720
representations shall include, at a minimum: 721
(i) The median and mean net winnings of all 722
players participating in contests offered by the operator; and 723
(ii) The percentage of winnings awarded by the 724
operator to highly experienced players participating in contests 725
offered by the operator within the preceding calendar year. 726
(6) Operators shall prohibit the use of third-party scripts 727
or scripting programs for any contest and ensure that measures are 728
in place to deter, detect and, to the extent reasonably possible, 729
prevent cheating, including collusion, and the use of cheating 730
devices, including use of software programs that submit entry fees 731
or adjust the athletes selected by a player. 732
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ST: Mobile sports wagering; authorize.
(7) The values of all prizes and awards offered to winning 733
players must be established and made known to the players in 734
advance of the contest. 735
SECTION 10. This act shall take effect and be in force from 736
and after July 1, 2026. 737