Mississippi Mobile Sports Wagering Act; enact and dedicate proceeds to HOPE Scholarship Program.

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To: Gaming
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Barnett

SENATE BILL NO. 2249

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 IMPOSE A FEE ON THE 10
GROSS REVENUE OF A LICENSED GAMING ESTABLISHMENT, INCLUDING A 11
PLATFORM THAT OPERATES AN ONLINE SPORTS POOL, ONLINE RACE BOOK OR 12
BOTH ON BEHALF OF THE HOLDER OF A GAMING LICENSE, WHICH IS DERIVED 13
FROM THE ACTIVITIES AUTHORIZED IN THIS ACT AND TO EXEMPT SUCH 14
GROSS REVENUE FROM CERTAIN FEES IMPOSED OR AUTHORIZED UNDER THE 15
MISSISSIPPI GAMING CONTROL ACT AND ANY LOCAL AND PRIVATE LAW OF 16
THE STATE OF MISSISSIPPI; TO PROVIDE FOR THE DISTRIBUTION OF 17
PROCEEDS COLLECTED FROM SUCH FEE TO THE MISSISSIPPI HOPE 18
SCHOLARSHIP FUND; TO AMEND SECTIONS 75-76-67 AND 97-33-17, 19
MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTIONS; TO 20
AMEND SECTION 75-76-5, MISSISSIPPI CODE OF 1972, TO REQUIRE THE 21
LICENSED GAMING ESTABLISHMENT TO DISPLAY THE LICENSE OF THE 22
PLATFORM IT IS CONTRACTED WITH; TO AMEND SECTION 75-76-89, 23
MISSISSIPPI CODE OF 1972, TO CLARIFY THE INCLUSION OF ONLINE RACE 24
BOOK AND SPORTS BOOK FOR GAMING LICENSING OUTSIDE OF A PREMISES; 25
TO BRING FORWARD SECTION 75-76-91, MISSISSIPPI CODE OF 1972, WHICH 26
REQUIRES THE LICENSED GAMING ESTABLISHMENT TO DISPLAY THE LICENSE 27
OF THE PLATFORM IT IS CONTRACTED WITH, FOR PURPOSES OF AMENDMENT; 28
TO BRING FORWARD SECTION 75-76-203, MISSISSIPPI CODE OF 1972, 29
WHICH PROVIDES AN EXCEPTION FOR AN OFFICE IN THIS STATE FOR 30
PLATFORMS, FOR PURPOSES OF AMENDMENT; TO BRING FORWARD SECTIONS 31
75-76-33, 75-76-55, 75-76-101, 75-76-205 AND 75-76-211, 32
MISSISSIPPI CODE OF 1972, WHICH REGULATE CORPORATE GAMING 33
ESTABLISHMENTS, FOR PURPOSES OF AMENDMENT; TO AMEND SECTIONS 34
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75-76-175, 75-76-177 AND 97-33-27, MISSISSIPPI CODE OF 1972, TO 35
CLARIFY CERTAIN PROVISIONS RELATING TO CREDIT INSTRUMENTS AND 36
GAMING LICENSE FEES; TO BRING FORWARD SECTIONS 97-33-8 AND 37
97-33-305, MISSISSIPPI CODE OF 1972, WHICH REGULATE GAMING 38
ESTABLISHMENTS, FOR PURPOSES OF AMENDMENT; TO AMEND SECTIONS 39
75-76-79 AND 97-33-25, MISSISSIPPI CODE OF 1972, TO CLARIFY 40
CERTAIN PROVISIONS RELATING TO DOCKSIDE GAMING; TO AMEND SECTIONS 41
97-33-1 AND 97-33-7, MISSISSIPPI CODE OF 1972, TO RESTRICT CERTAIN 42
TYPES OF WAGERS; TO ESTABLISH THE MISSISSIPPI HOPE SCHOLARSHIP 43
PROGRAM FUND TO BE OPERATED BY THE IHL OFFICE OF STUDENT FINANCIAL 44
AID TO RECEIVE AND DISBURSE THE PROCEEDS OF THE MOBILE SPORTS 45
WAGERING LICENSURE FEES; TO CREATE THE "MOBILE SPORTS WAGERING TAX 46
FUND" AND PROVIDE FOR ITS DISTRIBUTION; AND FOR RELATED PURPOSES. 47
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 48
SECTION 1. This act shall be known and may be cited as the 49
"Mississippi Mobile Sports Wagering Act." 50
SECTION 2. The following terms shall have the meanings 51
ascribed herein: 52
(a) "Commission" means the Mississippi Gaming 53
Commission as defined in Section 75-76-7. 54
(b) "Executive director" means the Executive Director 55
of the Mississippi Gaming Commission as defined in Section 56
75-76-7. 57
(c) "Game," "Gaming" or "Gambling game" means to deal, 58
operate, carry on, conduct, maintain or expose for play any game 59
as defined in Section 75-76-5. 60
(d) "Gaming license" means any license issued by the 61
state which authorizes the person named therein to engage in 62
gaming as defined in Section 75-76-5. 63
(e) "Gross revenue" means the same as defined in 64
Section 75-76-5. 65
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(f) "Interactive gaming" means wagering on any 66
interactive game. 67
(g) "Interactive game" means computerized or virtual 68
versions of any game as defined in Section 75-76-5 or any other 69
game of chance or digital simulation thereof, including, but not 70
limited to, casino-themed slot machines or gaming devices, table 71
games or other such games as approved by the commission for play 72
in a licensed establishment. 73
(h) "Internet" means the term as defined in Section 230 74
of Title II of the Communications Act of 1934, Chapter 652, 110 75
Stat. 137, 47 USC § 230. 76
(i) "Licensed gaming establishment" means any premises 77
licensed by the commission as defined in Section 75-76-5. 78
(j) "Manufacturer's," "seller's" or "distributor's" 79
license means a license issued pursuant to Section 75-76-79 as 80
defined in Section 75-76-5. 81
(k) "Online race book" means a race book as defined by 82
Section 75-76-5 in which wagers are made over the internet, 83
including on websites, personal computers, mobile phones, or other 84
interactive devices used by an individual to place a race book 85
wager from any location in Mississippi, and accepted by a platform 86
on behalf of the holder of a Mississippi gaming license. 87
(l) "Online sports pool" means a sports pool as defined 88
by Section 75-76-5 in which wagers are made over the internet, 89
including on websites, personal computers, mobile phones, or other 90
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interactive devices used by an individual to place a sports pool 91
wager from any location in Mississippi, and accepted by a platform 92
on behalf of the holder of a Mississippi gaming license. 93
(m) "Platform" means a person or entity that operates 94
an online sports pool, online race book, or both on behalf of the 95
holder of a gaming license. 96
(n) "Race book" means the business of accepting wagers 97
upon the outcome of any event held at a track which uses the 98
pari-mutuel system of wagering as defined in Section 75-76-5. 99
(o) "Sporting event" means any amateur sport or 100
athletic event, professional sport or athletic event, collegiate 101
sport or athletic event, motor race event, electronic sports 102
event, competitive video game event, or any other event authorized 103
by the Mississippi Gaming Control Act or the commission for 104
wagering under this act. 105
(p) "Sports pool" means the same as the term is defined 106
in Section 75-76-5 and includes the business of accepting wagers 107
on sporting events by any system of wagering including, but not 108
limited to, single-game bets, teaser bets, parlays, over-under, 109
money line, pools, exchange wagering, in-game wagering, in-play 110
bets, proposition bets, and straight bets. The term does not 111
include fantasy contests as defined in Section 97-33-303. 112
SECTION 3. (1) Online sports pools and online race books 113
shall be legal in the State of Mississippi as provided by this 114
act. The provisions of this act shall not be construed to 115
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authorize or legalize interactive gaming in the State of 116
Mississippi; rather, all forms of interactive gaming are expressly 117
prohibited and are illegal in the State of Mississippi, punishable 118
pursuant to the provisions of Section 97-33-1 and other applicable 119
laws. Further, if any person or platform is found by the 120
commission to have engaged in any form of illegal gaming, 121
including, but not limited to, any form of interactive gaming, 122
then such person and platform will be subject to action by the 123
Mississippi Gaming Commission in accordance with Section 75-76-67. 124
These restrictions will be applied whether the platform or person 125
is found to have engaged in such illegal activity in Mississippi 126
or in any other jurisdiction. 127
(2) (a) A platform that operates an online sports pool, 128
online race book, or both on behalf of the holder of a gaming 129
license in this state must obtain a manufacturer's and 130
distributor's license from the commission in order to offer such 131
services, and such license will be conditioned upon a platform 132
abiding by all laws and regulations governing such activities. A 133
platform that already possesses a manufacturer's and distributor's 134
license in the state shall be permitted to operate under the 135
existing license subject to any technical approvals required by 136
the commission to operate an online sports pool, online race book, 137
or both. 138
(b) The licensed gaming establishment, including a 139
platform that operates an online sports pool, online race book or 140
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both on behalf of the holder of a gaming license, shall report all 141
gaming revenue and pay all taxes for such revenue as provided by 142
state law. 143
(3) A platform that operates an online sports pool, online 144
race book, or both on behalf of the holder of a gaming license in 145
this state shall be lawfully conducting business in this state in 146
order to comply with the provisions of this act. 147
(4) Application for licensure shall be made to the executive 148
director on forms furnished by the executive director and in 149
accordance with the commission's regulations regarding 150
manufacturer's and distributor's licenses. No platform will be 151
issued a gaming license; rather, it shall be required to contract 152
with a licensed casino operator in order to conduct online sports 153
pool or online race book activities in Mississippi. The 154
commission shall only issue a gaming license to a legal gaming 155
establishment located on a premises in a county where gaming may 156
be conducted in accordance with Mississippi law that is operating 157
a casino in a county that has not prohibited gaming by a 158
referendum vote of registered voters pursuant to Section 19-3-79. 159
Should a gaming license expire, be revoked or be suspended, then 160
all such online activities associated with that gaming license 161
will cease until such time that the commission renews the license 162
or issues an order allowing the gaming licensee to recommence its 163
gaming operations. 164
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(5) The contractual terms between a licensed gaming operator 165
and the licensed platform shall be consistent with Mississippi 166
law, including, but not limited to, the terms of this act. 167
(6) The commission shall, from time to time, adopt, amend or 168
repeal such regulations, consistent with the policy, objects and 169
purposes of this chapter, as it may deem necessary or desirable in 170
the public interest in carrying out the policy and provisions of 171
this chapter. The commission shall use the Administrative 172
Procedures Law when adopting, amending or repealing any 173
regulations authorized under this section or under any other 174
provision of this chapter. 175
(7) The commission shall promulgate rules and regulations 176
that require a licensee to implement responsible sport betting 177
programs. Such rules and regulations shall require a licensee to 178
develop a strategic implementation plan with details as to: 179
(a) The use of player data and technology to aid in 180
identifying potential problem gamblers; 181
(b) The use of automated triggers to identify and 182
manage accounts or potential problem gamblers; and 183
(c) The levels of intervention and education provided 184
to identified at-risk players, which shall include at a minimum: 185
(i) A first phase involving communications with 186
the individual in order to educate him or her on the availability 187
of various responsible gaming features and resources offered by 188
the licensee; 189
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(ii) A second phase that includes a video tutorial 190
displayed to the individual either as one (1) or multiple videos 191
that provides education on the features and resources available; 192
and 193
(iii) A third phase, when warranted, that includes 194
access to a list of responsible gaming professionals provided by 195
the licensee to advise the individual on possible corrective 196
actions to address at-risk behavior. 197
SECTION 4. (1) Each licensed establishment may enter into 198
contracts with (a) no more than two (2) platforms to operate an 199
online sports pool; and (b) no more than two (2) online race book 200
platforms to operate online race book on behalf of the holder of 201
the gaming license for such licensed establishment. Each platform 202
may, but is not required to, offer both an online sports pool and 203
an online race book. No platform, individually or collectively 204
with any other platform or other party, shall take any action that 205
would restrict or limit a single casino license holder, or a group 206
of casino license holders, from offering online sports pool or 207
online race book services to customers. The commission shall 208
maintain a list of licensed platforms to be made available to 209
licensed casino operators. If a platform receives a request from 210
a licensed casino operator to discuss business terms related to 211
providing online sports pool or online race book services to its 212
customers, then the platform will engage in good-faith discussions 213
with the licensed casino operator. Notwithstanding any provision 214
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of law to the contrary, a platform may, on behalf of its gaming 215
license holder, determine whether to accept or reject wagers, 216
determine the results of wagers, and payout winning wagers, but 217
the platform will be subject to Sections 75-76-157 through 218
75-76-173 and subject to regulations authorized under this act, as 219
well as the Mississippi Gaming Control Act, which may require a 220
platform to appear before the commission or in a court proceeding 221
to respond to any player dispute or an order to show cause issued 222
by the commission. 223
(2) A platform, on behalf of the holder of a gaming license 224
in this state, may accept online sports pool and online race book 225
wagers placed over the internet, including on websites and the use 226
of a personal computer, mobile phone, or other interactive device 227
used by an individual to place a sports pool or race book wager, 228
subject to the following: 229
(a) All players shall establish a wagering account and 230
an initial identification and age verification shall be conducted 231
before any wager by the player may be accepted by the platform. A 232
player may establish a wagering account with a platform in person 233
at a licensed establishment or over the internet, including on 234
websites and mobile or interactive devices. 235
(b) A platform, on behalf of the holder of a gaming 236
license in this state, shall accept wagers only from players 237
located in Mississippi. A platform shall maintain geofencing or 238
geolocating services and pay all costs and responsibilities 239
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related to such services required by the commission. Servers, 240
including the use of backup servers, may be located outside of 241
this state, consistent with federal law. To the extent required 242
by federal law, a platform shall maintain in this state the 243
servers it uses to accept wagers on an online sports pool or 244
online race book placed by bettors located in this state. A 245
platform shall comply with all identification verification 246
requirements and will take other commercially reasonable steps to 247
prevent compulsive and problem gaming and to ensure that no person 248
who is restricted or who is ineligible to participate in online 249
gaming is able to use the platform to place bets or wagers on 250
events. 251
(c) A person under the age of twenty-one (21) years 252
shall not play, be allowed to play, place wagers, or collect 253
winnings, whether personally or through an agent, from any online 254
sports pool or online race book authorized under this chapter. 255
(d) A platform will take commercially reasonable steps 256
to prevent any person who is self-excluded from entering a gaming 257
property in Mississippi from opening an online wagering account. 258
The Mississippi Gaming Commission shall maintain this list of 259
individuals and provide it to platforms on a regular basis. 260
(e) Additionally, a platform will take commercially 261
reasonable steps to ensure that any person who is a player, a 262
coach, umpire, or referee or who is otherwise associated with a 263
collegiate team or a professional team or an athletic event, is 264
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prohibited from wagering on sporting events for which they are 265
affiliated. The Mississippi Gaming Commission shall maintain this 266
list of individuals and provide it to platforms on a regular 267
basis. The platform should further alert customers that violating 268
this restriction or aiding any person who is a minor, a 269
self-excluded person or any other person who is otherwise 270
restricted from wagering online to circumvent such restrictions 271
(either intentionally or in failing to use reasonable steps to 272
properly secure a device), shall be disqualified from 273
participating in any form of online gaming thereafter. 274
(f) A platform shall comply with all identification 275
verification and compulsive and problem gambling protections set 276
forth in law or rule. 277
(3) Subject to the regulations of the commission, a platform 278
shall report to the commission: 279
(a) Any criminal proceeding commenced against the 280
platform or its employees in connection with the platform's 281
operations in Mississippi. 282
(b) Any abnormal betting activity or patterns that may 283
indicate a concern about the integrity of a sporting event or 284
athletic event. 285
(c) Any other conduct indicating corruption of the 286
betting outcome of a sporting event or athletic event for 287
financial gain, including, but not limited to, match fixing as 288
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well as any restricted person wagering on an event in which they 289
are participating or otherwise affiliated. 290
(d) Suspicious or illegal wagering activities, 291
including the use of funds derived from illegal activity, wagers 292
to conceal or launder funds derived from illegal activity, use of 293
agents to place wagers, or use of false identification. In such a 294
case where information reported from paragraphs (a) through (d) of 295
this subsection, the platform shall work together with the 296
licensed casino operator and the commission to investigate such 297
matters and to ensure that the accounts affected by or associated 298
with such circumstances are suspended at least until such time 299
that the commission is able to fully investigate the matters and 300
determine the appropriate enforcement action. 301
(4) A dispute over winnings with respect to an online race 302
book or online sports pool shall be resolved under the procedures 303
set forth in Sections 75-76-157 through 75-76-173. 304
SECTION 5. The gross revenue of a licensed gaming 305
establishment, including a platform that operates an online sports 306
pool, online race book or both on behalf of the holder of a gaming 307
license, which is derived from the activities described in 308
Sections 1 through 5 of this act shall be subject to a fee of 309
twelve percent (12%) of the amount of such revenue and shall not 310
be subject to any fees imposed and/or authorized under Section 311
75-76-177, Mississippi Code of 1972, Section 75-76-195, 312
Mississippi Code of 1972, and/or the authority of a local and 313
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private law of the State of Mississippi. Fees paid by a licensee 314
under this section shall be allowed as a credit against the income 315
tax liability of the licensee for that taxable year. 316
On or before the last day of each month all fees collected by 317
the Department of Revenue during that month under the provisions 318
of this section shall be paid by the Department of Revenue to the 319
State Treasurer to be deposited in the Mississippi HOPE 320
Scholarship Program Fund created in Section 26 of this act. 321
SECTION 6. Section 75-76-67, Mississippi Code of 1972, is 322
amended as follows: 323
75-76-67. (1) Any person who the commission determines is 324
qualified to receive a license or be found suitable under the 325
provisions of this chapter, having due consideration for the 326
proper protection of the health, safety, morals, good order and 327
general welfare of the inhabitants of the State of Mississippi and 328
the declared policy of this state, may be issued a state gaming 329
license or found suitable. The burden of proving his 330
qualification to receive any license or be found suitable is on 331
the applicant. 332
(2) An application to receive a license or be found suitable 333
shall not be granted unless the commission is satisfied that the 334
applicant is: 335
(a) A person of good character, honesty and integrity; 336
(b) A person whose prior activities, criminal record, 337
if any, reputation, habits and associations do not pose a threat 338
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to the public interest of this state or to the effective 339
regulation and control of gaming, or create or enhance the dangers 340
of unsuitable, unfair or illegal practices, methods and activities 341
in the conduct of gaming or the carrying on of the business and 342
financial arrangements incidental thereto; and 343
(c) In all other respects qualified to be licensed or 344
found suitable consistent with the declared laws of the state. 345
(3) No person shall be granted a license or found suitable 346
under the provisions of this chapter who has been convicted of a 347
felony in any court of this state, another state, or the United 348
States; and no person shall be granted a license or found suitable 349
hereunder who has been convicted of a crime in any court of 350
another state or the United States which, if committed in this 351
state, would be a felony; and no person shall be granted a license 352
or found suitable under the provisions of this chapter who has 353
been convicted of a misdemeanor in any court of this state or of 354
another state, when such conviction was for gambling, sale of 355
alcoholic beverages to minors, prostitution, or procuring or 356
inducing individuals to engage in prostitution. 357
(4) A license to operate a gaming establishment shall not be 358
granted unless the applicant has satisfied the commission that: 359
(a) He has adequate business probity, competence and 360
experience, in gaming or generally; * * * 361
(b) The proposed financing of the entire operation is: 362
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(i) Adequate for the nature of the proposed 363
operation; and 364
(ii) From a suitable source. Any lender or other 365
source of money or credit which the commission finds does not meet 366
the standards set forth in subsection (2) may be deemed 367
unsuitable * * *; 368
(c) All licenses issued and approved to proceed with 369
development by the commission and operating prior to December 31, 370
2026, are exempt from the minimum requirements set forth in 371
subparagraphs (i) through (vi) below. No site approval issued by 372
the commission prior to December 31, 2026, with an expiration date 373
or term shall be extended beyond such term. The proposed licensee 374
must republish and reapply for site approval upon the expiration 375
of any such approval. So long as a licensee issued approval to 376
proceed with development after December 31, 2026, is not revoked, 377
voided, vacated, or lapsed by order or act of the commission, a 378
proposed project shall meet, at a minimum, the following: 379
(i) A parking facility in close proximity to the 380
casino complex to accommodate a minimum of five hundred (500) 381
cars; 382
(ii) A hotel with a minimum of three hundred (300) 383
rooms; 384
(iii) A restaurant capable of seating at least two 385
hundred (200) people; 386
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(iv) A fine dining establishment capable of 387
seating at least seventy-five (75) people; 388
(v) A casino floor of at least forty thousand 389
(40,000) square feet; and 390
(vi) An amenity unique to the licensee's market in 391
order to encourage economic development and promote tourism; and 392
(d) The commission shall not adopt any rule or 393
regulation that would reduce the requirements in paragraph (c) of 394
this subsection; however, the commission may exercise discretion 395
with respect to such requirements as to proposed projects if 396
located in a gaming market along the Mississippi River; but, in 397
all other areas where a project is proposed to be located, these 398
shall be deemed minimum requirements. 399
(5) An application to receive a license or be found suitable 400
constitutes a request for a determination of the applicant's 401
general character, integrity and ability to participate or engage 402
in, or be associated with gaming. Any written or oral statement 403
made in the course of an official proceeding of the commission or 404
the executive director or any witness testifying under oath which 405
is relevant to the purpose of the proceeding is absolutely 406
privileged and does not impose liability for defamation or 407
constitute a ground for recovery in any civil action. 408
(6) The commission may, in its discretion, grant a license 409
to a corporation which has complied with the provisions of this 410
chapter. 411
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(7) The commission may, in its discretion, grant a license 412
to a limited partnership which has complied with the provisions of 413
this chapter. 414
(8) No limited partnership, except one whose sole limited 415
partner is a publicly traded corporation which has registered with 416
the commission, or business trust or organization or other 417
association of a quasi-corporate character is eligible to receive 418
or hold any license under this chapter unless all persons having 419
any direct or indirect interest therein of any nature whatsoever, 420
whether financial, administrative, policymaking or supervisory, 421
are individually qualified to be licensed under the provisions of 422
this chapter. 423
(9) The commission may, by regulation, limit the number of 424
persons who may be financially interested and the nature of their 425
interest in any corporation or other organization or association 426
licensed under this chapter, and may establish such other 427
qualifications of licenses as the commission, in its discretion, 428
deems to be in the public interest and consistent with the 429
declared policy of the state. 430
SECTION 7. Section 97-33-17, Mississippi Code of 1972, is 431
amended as follows: 432
97-33-17. (1) All monies exhibited for the purpose of 433
betting or alluring persons to bet at any game, and all monies 434
staked or betted, shall be liable to seizure by any sheriff, 435
constable, or police officer, together with all the appliances 436
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used or kept for use in gambling, or by any other person; and all 437
the monies so seized shall be accounted for by the person making 438
the seizure, and all appliances seized shall be destroyed; 439
provided, however, this section shall not apply to betting, gaming 440
or wagering * * *: 441
(a) On a cruise vessel as defined in Section 27-109-1 442
whenever such vessel is in the waters within the State of 443
Mississippi, which lie adjacent to the State of Mississippi south 444
of the three (3) most southern counties in the State of 445
Mississippi, including the Mississippi Sound, St. Louis Bay, 446
Biloxi Bay and Pascagoula Bay, and in which the registered voters 447
of the county in which the port is located have not voted to 448
prohibit such betting, gaming or wagering on cruise vessels as 449
provided in Section 19-3-79; 450
(b) In a structure located, in whole or in part, on 451
shore in any of the three (3) most southern counties in the State 452
of Mississippi in which the registered voters of the county have 453
voted to allow such betting, gaming or wagering on cruise vessels 454
as provided in Section 19-3-79, if: 455
(i) The structure is owned, leased or controlled 456
by a person possessing a gaming license, as defined in Section 457
75-76-5, to conduct legal gaming * * * at a location that was 458
legal for dockside gaming prior to August 29, 2005; 459
(ii) The part of the structure in which licensed 460
gaming activities are conducted is located entirely in an area 461
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which is located no more than eight hundred (800) feet from the 462
mean high-water line (as defined in Section 29-15-1) of the waters 463
within the State of Mississippi, which lie adjacent to the State 464
of Mississippi south of the three (3) most southern counties in 465
the State of Mississippi, including the Mississippi Sound, St. 466
Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to the 467
Mississippi Sound at Harrison County only, no farther north than 468
the southern boundary of the right-of-way for U.S. Highway 90, 469
whichever is greater; and in determining the distance to the mean 470
high-water line, the following considerations apply: 471
1. Rights-of-way and easements for public 472
streets and highways shall not be construed to interrupt the 473
contiguous nature of a parcel of property, nor shall the footage 474
contained within such easements and rights-of-way be counted in 475
the calculation of the distances specified in subparagraph (ii) of 476
this paragraph; and 477
2. An imaginary line drawn from any point 478
along the mean high-water line referenced and utilized pursuant to 479
subparagraph (ii) of this paragraph to any other point of 480
reference must cross only property under the exclusive use and 481
control of the gaming licensee or proposed licensee based on its 482
ownership or lease thereof, except for rights-of-way and easements 483
for public streets and highways; and 484
(iii) In the case of a structure that is located 485
in whole or part on shore, the part of the structure in which 486
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licensed gaming activities are conducted shall * * * be located 487
on: 488
1. Property entirely under the exclusive use 489
and control of the gaming licensee or proposed licensee based on 490
its ownership or lease thereof that extends from the gaming floor 491
to the mean high-water line and such land is capable of 492
accommodating the minimum improvement requirements set forth in 493
Section 75-76-67(4); and 494
2. The entire parcel(s) of land used to 495
establish the necessary ownership and/or lease and control of the 496
property to the mean high-water line must be immediately adjacent 497
to waters at a location which would have qualified as a legal 498
gaming site for docking a cruise vessel under paragraph (a) of 499
this subsection prior to August 29, 2005; 500
(c) A vessel as defined in Section 27-109-1 whenever 501
such vessel is on the Mississippi River or navigable waters within 502
any county bordering on the Mississippi River, and in which the 503
registered voters of the county in which the port is located have 504
not voted to prohibit such betting, gaming or wagering on vessels 505
as provided in Section 19-3-79; or 506
(d) That is legal under the laws of the State of 507
Mississippi. 508
(2) Nothing in this section shall apply to any gambling 509
device, machine or equipment that is owned, possessed, controlled, 510
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installed, procured, repaired or transported in accordance with 511
subsection (4) of Section 97-33-7. 512
SECTION 8. Section 75-76-5, Mississippi Code of 1972, is 513
amended as follows: 514
75-76-5. As used in this chapter, unless the context 515
requires otherwise: 516
(a) "Applicant" means any person who has applied for or 517
is about to apply for a state gaming license, registration or 518
finding of suitability under the provisions of this chapter or 519
approval of any act or transaction for which approval is required 520
or permitted under the provisions of this chapter. 521
(b) "Application" means a request for the issuance of a 522
state gaming license, registration or finding of suitability under 523
the provisions of this chapter or for approval of any act or 524
transaction for which approval is required or permitted under the 525
provisions of this chapter but does not include any supplemental 526
forms or information that may be required with the application. 527
(c) "Associated equipment" means any equipment or 528
mechanical, electromechanical or electronic contrivance, component 529
or machine used remotely or directly in connection with gaming or 530
with any game, race book or sports pool that would not otherwise 531
be classified as a gaming device, including dice, playing cards, 532
links which connect to progressive slot machines, equipment which 533
affects the proper reporting of gross revenue, computerized 534
systems of betting at a race book or sports pool, computerized 535
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systems for monitoring slot machines, and devices for weighing or 536
counting money. 537
(d) "Chairman" means the Chairman of the Mississippi 538
Gaming Commission except when used in the term "Chairman of the 539
State Tax Commission." "Chairman of the State Tax Commission" or 540
"commissioner" means the Commissioner of Revenue of the Department 541
of Revenue. 542
(e) "Commission" or "Mississippi Gaming Commission" 543
means the Mississippi Gaming Commission. 544
(f) "Commission member" means a member of the 545
Mississippi Gaming Commission. 546
(g) "Credit instrument" means a writing which evidences 547
a gaming debt owed to a person who holds a license at the time the 548
debt is created, and includes any writing taken in consolidation, 549
redemption or payment of a prior credit instrument. 550
(h) "Enforcement division" means a particular division 551
supervised by the executive director that provides enforcement 552
functions. 553
(i) "Establishment" means any premises wherein or 554
whereon any gaming is done. 555
(j) "Executive director" means the Executive Director 556
of the Mississippi Gaming Commission. 557
(k) Except as otherwise provided by law, "game," or 558
"gambling game" means any banking or percentage game played with 559
cards, with dice or with any mechanical, electromechanical or 560
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electronic device or machine for money, property, checks, credit 561
or any representative of value, including, without limiting, the 562
generality of the foregoing, faro, monte, roulette, keno, fan-tan, 563
twenty-one, blackjack, seven-and-a-half, big injun, klondike, 564
craps, poker, chuck-a-luck (dai shu), wheel of fortune, chemin de 565
fer, baccarat, pai gow, beat the banker, panguingui, slot machine, 566
or any other game or device approved by the commission. However, 567
"game" or "gambling game" shall not include bingo games or raffles 568
which are held pursuant to the provisions of Section 97-33-51, or 569
the illegal gambling activities described in Section 97-33-8. 570
The commission shall not be required to recognize any game 571
hereunder with respect to which the commission determines it does 572
not have sufficient experience or expertise. 573
(l) "Gaming" or "gambling" means to deal, operate, 574
carry on, conduct, maintain or expose for play any game as defined 575
in this chapter. 576
(m) "Gaming device" means any mechanical, 577
electromechanical or electronic contrivance, component or machine 578
used in connection with gaming or any game which affects the 579
result of a wager by determining win or loss. The term includes a 580
system for processing information which can alter the normal 581
criteria of random selection, which affects the operation of any 582
game, or which determines the outcome of a game. The term does 583
not include a system or device which affects a game solely by 584
stopping its operation so that the outcome remains undetermined, 585
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and does not include any antique coin machine as defined in 586
Section 27-27-12. 587
(n) "Gaming employee" means any person connected 588
directly with the operation of a gaming establishment licensed to 589
conduct any game, including: 590
(i) Boxmen; 591
(ii) Cashiers; 592
(iii) Change personnel; 593
(iv) Counting room personnel; 594
(v) Dealers; 595
(vi) Floormen; 596
(vii) Hosts or other persons empowered to extend 597
credit or complimentary services; 598
(viii) Keno runners; 599
(ix) Keno writers; 600
(x) Machine mechanics; 601
(xi) Security personnel; 602
(xii) Shift or pit bosses; 603
(xiii) Shills; 604
(xiv) Supervisors or managers; and 605
(xv) Ticket writers. 606
The term "gaming employee" also includes employees of 607
manufacturers or distributors of gaming equipment within this 608
state whose duties are directly involved with the manufacture, 609
repair or distribution of gaming equipment. 610
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"Gaming employee" does not include bartenders, cocktail 611
waitresses or other persons engaged in preparing or serving food 612
or beverages unless acting in some other capacity. 613
(o) "Gaming license" means any license issued by the 614
state which authorizes the person named therein to engage in 615
gaming. 616
(p) "Gross revenue" means the total of all of the 617
following, less the total of all cash paid out as losses to 618
patrons and those amounts paid to purchase annuities to fund 619
losses paid to patrons over several years by independent financial 620
institutions: 621
(i) Cash received as winnings; 622
(ii) Cash received in payment for credit extended 623
by a licensee to a patron for purposes of gaming; and 624
(iii) Compensation received for conducting any 625
game in which the licensee is not party to a wager. 626
For the purposes of this definition, cash or the value of 627
noncash prizes awarded to patrons in a contest or tournament are 628
not losses. 629
The term does not include: 630
(i) Counterfeit money or tokens; 631
(ii) Coins of other countries which are received 632
in gaming devices; 633
(iii) Cash taken in fraudulent acts perpetrated 634
against a licensee for which the licensee is not reimbursed; or 635
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(iv) Cash received as entry fees for contests or 636
tournaments in which the patrons compete for prizes. 637
(q) "Hearing examiner" means a member of the 638
Mississippi Gaming Commission or other person authorized by the 639
commission to conduct hearings. 640
(r) "Investigation division" means a particular 641
division supervised by the executive director that provides 642
investigative functions. 643
(s) "License" means a gaming license or a 644
manufacturer's, seller's or distributor's license. 645
(t) "Licensee" means any person to whom a valid license 646
has been issued. 647
(u) "License fees" means monies required by law to be 648
paid to obtain or continue a gaming license or a manufacturer's, 649
seller's or distributor's license. 650
(v) "Licensed gaming establishment" means any premises 651
licensed pursuant to the provisions of this chapter wherein or 652
whereon gaming is done. 653
(w) "Manufacturer's," "seller's" or "distributor's" 654
license means a license issued pursuant to Section 75-76-79. 655
(x) "Navigable waters" shall have the meaning ascribed 656
to such term under Section 27-109-1. 657
(y) "Operation" means the conduct of gaming. 658
(z) "Party" means the Mississippi Gaming Commission and 659
any licensee or other person appearing of record in any proceeding 660
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before the commission; or the Mississippi Gaming Commission and 661
any licensee or other person appearing of record in any proceeding 662
for judicial review of any action, decision or order of the 663
commission. 664
(aa) "Person" includes any association, corporation, 665
firm, partnership, trust or other form of business association as 666
well as a natural person. 667
(bb) "Premises" means land, together with all 668
buildings, improvements and personal property located thereon, and 669
includes all parts of any vessel or cruise vessel. 670
(cc) "Race book" means the business of accepting wagers 671
upon the outcome of any event held at a track which uses the 672
pari-mutuel system of wagering and includes "online race book" as 673
defined by this act. 674
(dd) "Regulation" means a rule, standard, directive or 675
statement of general applicability which effectuates law or policy 676
or which describes the procedure or requirements for practicing 677
before the commission. The term includes a proposed regulation 678
and the amendment or repeal of a prior regulation but does not 679
include: 680
(i) A statement concerning only the internal 681
management of the commission and not affecting the rights or 682
procedures available to any licensee or other person; 683
(ii) A declaratory ruling; 684
(iii) An interagency memorandum; 685
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(iv) The commission's decision in a contested case 686
or relating to an application for a license; or 687
(v) Any notice concerning the fees to be charged 688
which are necessary for the administration of this chapter. 689
(ee) "Respondent" means any licensee or other person 690
against whom a complaint has been filed with the commission. 691
(ff) "Slot machine" means any mechanical, electrical or 692
other device, contrivance or machine which, upon insertion of a 693
coin, token or similar object, or upon payment of any 694
consideration, is available to play or operate, the play or 695
operation of which, whether by reason of the skill of the operator 696
or application of the element of chance, or both, may deliver or 697
entitle the person playing or operating the machine to receive 698
cash, premiums, merchandise, tokens or anything of value, whether 699
the payoff is made automatically from the machine or in any other 700
manner. The term does not include any antique coin machine as 701
defined in Section 27-27-12. 702
(gg) "Sports pool" means the business of accepting 703
wagers on collegiate or professional sporting events or athletic 704
events, by any system or method of wagering other than the system 705
known as the "pari-mutuel method of wagering * * *," and includes 706
"online sports pool" as defined by this act. 707
(hh) "State Tax Commission" or "department" means the 708
Department of Revenue of the State of Mississippi. 709
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(ii) "Temporary work permit" means a work permit which 710
is valid only for a period not to exceed ninety (90) days from its 711
date of issue and which is not renewable. 712
(jj) "Vessel" or "cruise vessel" shall have the 713
meanings ascribed to such terms under Section 27-109-1. 714
(kk) "Work permit" means any card, certificate or 715
permit issued by the commission, whether denominated as a work 716
permit, registration card or otherwise, authorizing the employment 717
of the holder as a gaming employee. A document issued by any 718
governmental authority for any employment other than gaming is not 719
a valid work permit for the purposes of this chapter. 720
(ll) "School or training institution" means any school 721
or training institution which is licensed by the commission to 722
teach or train gaming employees pursuant to Section 75-76-34. 723
(mm) "Cheat" means to alter the selection of criteria 724
that determine: 725
(i) The rules of a game; or 726
(ii) The amount or frequency of payment in a game. 727
(nn) "Promotional activity" means an activity or event 728
conducted or held for the purpose of promoting or marketing the 729
individual licensed gaming establishment that is engaging in the 730
promotional activity. The term includes, but is not limited to, a 731
game of any kind other than as defined in paragraph (k) of this 732
section, a tournament, a contest, a drawing, or a promotion of any 733
kind. 734
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SECTION 9. Section 75-76-89, Mississippi Code of 1972, is 735
amended as follows: 736
75-76-89. (1) Except as otherwise provided in subsection 737
( * * *2) of this section, all licenses issued to the same person, 738
including a wholly owned subsidiary of that person, for the 739
operation of any game, including a sports pool or race book, which 740
authorize gaming at the same establishment must be merged into a 741
single gaming license. A gaming license may not be issued to any 742
person if the issuance would result in more than one (1) licensed 743
operation at a single establishment, whether or not the profits or 744
revenue from gaming are shared between the licensed operations. 745
(2) A person who has been issued a gaming license may 746
establish a sports pool or race book on the premises of the 747
establishment at which he or she conducts a gaming operation only 748
after obtaining permission from the executive director. 749
SECTION 10. Section 75-76-91, Mississippi Code of 1972, is 750
brought forward as follows: 751
75-76-91. (1) All licenses issued under the provisions of 752
this chapter must be posted by the licensee and kept posted at all 753
times in a conspicuous place in the establishment for which issued 754
until replaced by a succeeding license. 755
(2) All licenses may be inspected by authorized state, 756
county and municipal officials. 757
SECTION 11. Section 75-76-203, Mississippi Code of 1972, is 758
brought forward as follows: 759
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75-76-203. In order to be eligible to receive a state gaming 760
license, a corporation shall: 761
(a) Be incorporated: 762
(i) In the State of Mississippi, although such 763
corporation may be a wholly or partly owned subsidiary of a 764
corporation which is chartered in another state of the United 765
States; or 766
(ii) In another state of the United States, if all 767
persons having any direct or indirect interest of any nature in 768
such corporation are licensed as required by this chapter and any 769
applicable regulations of the commission; 770
(b) Maintain an office of the corporation on the 771
licensed premises; 772
(c) Comply with all of the requirements of the laws of 773
the State of Mississippi pertaining to corporations; and 774
(d) Maintain a ledger in the principal office of the 775
corporation in Mississippi, which shall: 776
(i) At all times reflect the ownership of every 777
class of security issued by the corporation; and 778
(ii) Be available for inspection by the commission 779
or the executive director or his employees at all reasonable times 780
without notice. 781
SECTION 12. Section 75-76-33, Mississippi Code of 1972, is 782
brought forward as follows: 783
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75-76-33. (1) The commission shall, from time to time, 784
adopt, amend or repeal such regulations, consistent with the 785
policy, objects and purposes of this chapter, as it may deem 786
necessary or desirable in the public interest in carrying out the 787
policy and provisions of this chapter. The commission shall 788
comply with the Mississippi Administrative Procedures Law when 789
adopting, amending or repealing any regulations authorized under 790
this section or under any other provision of this chapter. 791
(2) These regulations shall, without limiting the general 792
powers herein conferred, include the following: 793
(a) Prescribing the method and form of application 794
which any applicant for a license or for a manufacturer's, 795
seller's or distributor's license must follow and complete before 796
consideration of his application by the executive director or the 797
commission. 798
(b) Prescribing the information to be furnished by any 799
applicant or licensee concerning his antecedents, habits, 800
character, associates, criminal record, business activities and 801
financial affairs, past or present. 802
(c) Prescribing the information to be furnished by a 803
licensee relating to his employees. 804
(d) Requiring fingerprinting of an applicant or 805
licensee, and gaming employees of a licensee, or other methods of 806
identification and the forwarding of all fingerprints taken 807
pursuant to regulation of the Federal Bureau of Investigation. 808
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(e) Prescribing the manner and procedure of all 809
hearings conducted by the commission or any hearing examiner of 810
the commission, including special rules of evidence applicable 811
thereto and notices thereof. 812
(f) Requiring any applicant to pay all or any part of 813
the fees and costs of investigation of such applicant as may be 814
determined by the commission under paragraph (g) of this 815
subsection (2). 816
(g) Prescribing the amounts of investigative fees only 817
as authorized by regulations of the commission under paragraph (f) 818
of this subsection, and collecting those fees. The commission 819
shall adopt regulations setting the amounts of those fees at 820
levels that will provide the commission with sufficient revenue, 821
when combined with any other monies as may be deposited into the 822
Mississippi Gaming Commission Fund created in Section 75-76-325, 823
to carry out the provisions of this chapter without any state 824
general funds. In calculating the amount of such fees, the 825
commission shall: 826
(i) Attempt to set the fees at levels that will 827
create a balance in the Mississippi Gaming Commission Fund that 828
does not exceed, at the end of any state fiscal year, two percent 829
(2%) of the projected amount of funds that will provide the 830
commission with such sufficient revenue; and 831
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(ii) Demonstrate the reasonableness of the 832
relationship between a fee and the actual costs of the 833
investigative activity for which the fee is being prescribed. 834
(h) Prescribing the manner and method of collection and 835
payment of fees and issuance of licenses. 836
(i) Prescribing under what conditions a licensee may be 837
deemed subject to revocation or suspension of his license. 838
(j) Requiring any applicant or licensee to waive any 839
privilege with respect to any testimony at any hearing or meeting 840
of the commission, except any privilege afforded by the 841
Constitution of the United States or this state. 842
(k) Defining and limiting the area, games and devices 843
permitted, and the method of operation of such games and devices, 844
for the purposes of this chapter. 845
(l) Prescribing under what conditions the nonpayment of 846
a gambling debt by a licensee shall be deemed grounds for 847
revocation or suspension of his license. 848
(m) Governing the use and approval of gambling devices 849
and equipment. 850
(n) Prescribing the qualifications of, and the 851
conditions under which, attorneys, accountants and others are 852
permitted to practice before the commission. 853
(o) Restricting access to confidential information 854
obtained under this chapter and ensuring that the confidentiality 855
of such information is maintained and protected. 856
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(p) Prescribing the manner and procedure by which the 857
executive director on behalf of the commission shall notify a 858
county or a municipality wherein an applicant for a license 859
desires to locate. 860
(q) Prescribing the manner and procedure for an 861
objection to be filed with the commission and the executive 862
director by a county or municipality wherein an applicant for a 863
license desires to locate. 864
(3) Notwithstanding any other provision of law, each 865
licensee shall be required to comply with the regulation that no 866
wager may be placed by, or on behalf of, any individual or entity 867
or group, not present on a licensed vessel or cruise vessel. 868
(4) From and after July 1, 2016, the expenses of this agency 869
shall be defrayed by appropriation from the State General Fund and 870
all user charges and fees authorized under this section shall be 871
deposited into the State General Fund as authorized by law. 872
(5) From and after July 1, 2016, no state agency shall 873
charge another state agency a fee, assessment, rent or other 874
charge for services or resources received by authority of this 875
section. 876
SECTION 13. Section 75-76-55, Mississippi Code of 1972, is 877
brought forward as follows: 878
75-76-55. (1) Except as otherwise provided in Section 879
75-76-34, it is unlawful for any person, either as owner, lessee 880
or employee, whether for hire or not, either solely or in 881
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conjunction with others, without having first procured and 882
thereafter maintaining in effect a state gaming license: 883
(a) To deal, operate, carry on, conduct, maintain or 884
expose for play in the State of Mississippi any gambling game, 885
including, without limitation, any gaming device, slot machine, 886
race book or sports pool; 887
(b) To provide or maintain any information service the 888
primary purpose of which is to aid the placing or making of wagers 889
on events of any kind; or 890
(c) To receive, directly or indirectly, any 891
compensation or reward or any percentage or share of the money or 892
property played, for keeping, running or carrying on any gambling 893
game, including, without limitation, any slot machine, gaming 894
device, race book or sports pool. 895
(2) Except as otherwise provided in Section 75-76-34, it is 896
unlawful for any person knowingly to permit any gambling game, 897
including, without limitation, any slot machine, gaming device, 898
race book or sports pool to be conducted, operated, dealt or 899
carried on in any house or building or other premises owned by 900
him, in whole or in part, by a person who is not licensed pursuant 901
to this chapter or by his employee. 902
SECTION 14. Section 75-76-101, Mississippi Code of 1972, is 903
brought forward as follows: 904
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75-76-101. (1) All gaming must be conducted with chips, 905
tokens or other instrumentalities approved by the executive 906
director or with the legal tender of the United States. 907
(2) No licensee shall permit participation by a person in a 908
game conducted in the licensed gaming establishment if such person 909
is not physically present in the licensed gaming establishment 910
during the period of time when such game is being conducted, and 911
all games and the participation of patrons therein shall be 912
entirely located and conducted on the licensed premises. 913
SECTION 15. Section 75-76-205, Mississippi Code of 1972, is 914
brought forward as follows: 915
75-76-205. No domestic corporation is eligible to receive a 916
gaming license unless it is in good standing in this state. No 917
foreign corporation is eligible to receive a gaming license unless 918
it qualifies to do business in this state. 919
SECTION 16. Section 75-76-211, Mississippi Code of 1972, is 920
brought forward as follows: 921
75-76-211. All officers and directors of the corporation 922
which holds or applies for a state gaming license must be licensed 923
individually, according to the provisions of this chapter; and if, 924
in the judgment of the commission, the public interest will be 925
served by requiring any or all of the corporation's individual 926
stockholders, lenders, holders of evidences of indebtedness, 927
underwriters, key executives, agents or employees to be licensed, 928
the corporation shall require such persons to apply for a license 929
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in accordance with the laws and requirements in effect at the time 930
the commission requires such licensing. A person who is required 931
to be licensed by this section shall apply for a license within 932
thirty (30) days after he or she becomes an officer or director. 933
A person who is required to be licensed pursuant to a decision of 934
the commission shall apply for a license within thirty (30) days 935
after the executive director requests him or her to do so. 936
SECTION 17. Section 75-76-175, Mississippi Code of 1972, is 937
amended as follows: 938
75-76-175. (1) A credit instrument accepted on or after 939
June 29, 1991, is valid and may be enforced by legal process. 940
(2) A licensee or a person acting on the licensee's behalf 941
may accept an incomplete credit instrument which: 942
(a) Is signed by a patron; and 943
(b) States the amount of the debt in figures. 944
* * * Such licensee or person acting on the licensee's 945
behalf may complete the instrument as is necessary for the 946
instrument to be presented for payment. 947
(3) A licensee or person acting on behalf of a licensee: 948
(a) May accept a credit instrument that is dated later 949
than the date of its execution if that later date is furnished at 950
the time of the execution of the credit instrument by the patron. 951
(b) May not accept a credit instrument which is 952
incomplete, except as authorized by subsection (2) of this 953
section. 954
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(c) May accept a credit instrument that is payable to 955
an affiliated company or may complete a credit instrument in the 956
name of an affiliated company as payee if the credit instrument 957
otherwise complies with this subsection and the records of the 958
affiliated company pertaining to the credit instrument are made 959
available to the executive director upon request. 960
(4) This section does not prohibit the establishment of an 961
account by a deposit of cash, recognized traveler's check, or any 962
other instruments which is equivalent to cash. 963
(5) Any person who violates the provisions of this section 964
is subject only to the penalties provided in Sections 75-76-103 965
through 75-76-119, inclusive. 966
(6) The commission may adopt regulations prescribing the 967
conditions under which a credit instrument may be redeemed or 968
presented to a bank for collection or payment. 969
SECTION 18. Section 75-76-177, Mississippi Code of 1972, is 970
amended as follows: 971
75-76-177. (1) From and after August 1, 1990, there is 972
hereby imposed and levied on each gaming licensee a license fee 973
based upon all the gross revenue of the licensee as follows: 974
(a) Four percent (4%) of all the gross revenue of the 975
licensee which does not exceed Fifty Thousand Dollars ($50,000.00) 976
per calendar month; 977
(b) Six percent (6%) of all the gross revenue of the 978
licensee which exceeds Fifty Thousand Dollars ($50,000.00) per 979
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calendar month and does not exceed One Hundred Thirty-four 980
Thousand Dollars ($134,000.00) per calendar month; and 981
(c) Eight percent (8%) of all the gross revenue of the 982
licensee which exceeds One Hundred Thirty-four Thousand Dollars 983
($134,000.00) per calendar month. 984
(2) All revenue received from any game or gaming device 985
which is leased for operation on the premises of the 986
licensee-owner to a person other than the owner thereof or which 987
is located in an area or space on such premises which is leased by 988
the licensee-owner to any such person, must be attributed to the 989
owner for the purposes of this section and be counted as part of 990
the gross revenue of the owner. The lessee is liable to the owner 991
for his proportionate share of such license fees. 992
(3) If the amount of license fees required to be reported 993
and paid pursuant to this section is later determined to be 994
greater or less than the amount actually reported and paid by the 995
licensee, the * * * Commissioner of Revenue shall: 996
(a) Assess and collect the additional license fees 997
determined to be due, with interest thereon until paid; or 998
(b) Refund any overpayment, with interest thereon, to 999
the licensee. 1000
Interest must be computed, until paid, at the rate of one 1001
percent (1%) per month from the first day of the first month 1002
following either the due date of the additional license fees or 1003
the date of overpayment. 1004
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(4) Failure to pay the fees provided for in this section 1005
when they are due for continuation of a license shall be deemed a 1006
surrender of the license. 1007
SECTION 19. Section 97-33-27, Mississippi Code of 1972, is 1008
amended as follows: 1009
97-33-27. If any person shall bet on a horse race or a yacht 1010
race or on a shooting match, he shall be fined not more than Five 1011
Hundred Dollars ($500.00), and, unless the fine and costs be 1012
immediately paid, he shall be imprisoned in the county jail not 1013
more than ninety (90) days; provided, however, this section shall 1014
not apply to betting, gaming or wagering: 1015
(a) On a cruise vessel as defined in Section 27-109-1 1016
whenever such vessel is in the waters within the State of 1017
Mississippi, which lie adjacent to the State of Mississippi south 1018
of the three (3) most southern counties in the State of 1019
Mississippi, including the Mississippi Sound, St. Louis Bay, 1020
Biloxi Bay and Pascagoula Bay, and in which the registered voters 1021
of the county in which the port is located have not voted to 1022
prohibit such betting, gaming or wagering on cruise vessels as 1023
provided in Section 19-3-79; 1024
(b) In a structure located in whole or in part on shore 1025
in any of the three (3) most southern counties in the State of 1026
Mississippi in which the registered voters of the county have 1027
voted to allow such betting, gaming or wagering on cruise vessels 1028
as provided in Section 19-3-79, if: 1029
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(i) The structure is owned, leased or controlled 1030
by a person possessing a gaming license, as defined in Section 1031
75-76-5, to conduct legal gaming * * * at a location that was 1032
legal for dockside gaming prior to August 29, 2005; 1033
(ii) The part of the structure in which licensed 1034
gaming activities are conducted is located entirely in an area 1035
which is located no more than eight hundred (800) feet from the 1036
mean high-water line (as defined in Section 29-15-1) of the waters 1037
within the State of Mississippi, which lie adjacent to the State 1038
of Mississippi south of the three (3) most southern counties in 1039
the State of Mississippi, including the Mississippi Sound, St. 1040
Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to the 1041
Mississippi Sound at Harrison County only, no farther north than 1042
the southern boundary of the right-of-way for U.S. Highway 90, 1043
whichever is greater; and in determining the distance to the mean 1044
high-water line, the following considerations apply: 1045
1. Rights-of-way and easements for public 1046
streets and highways shall not be construed to interrupt the 1047
contiguous nature of a parcel of property, nor shall the footage 1048
contained within such easements and rights-of-way be considered in 1049
the calculation of the distances specified in subparagraph (ii) of 1050
this paragraph; and 1051
2. An imaginary line drawn from any point 1052
along the mean high-water line referenced and utilized pursuant to 1053
subparagraph (ii) of this paragraph to any other point of 1054
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reference must cross only property under the exclusive use and 1055
control of the gaming licensee or proposed licensee based on its 1056
ownership or lease thereof, except for rights-of-way and easements 1057
for public streets and highways; and 1058
(iii) In the case of a structure that is located 1059
in whole or part on shore, the part of the structure in which 1060
licensed gaming activities are conducted shall * * * be located 1061
on: 1062
1. Property entirely under the exclusive use 1063
and control of the gaming licensee or proposed licensee based on 1064
its ownership or lease thereof that extends from the gaming floor 1065
to the mean high-water line and such land is capable of 1066
accommodating the minimum improvement requirements set forth in 1067
Section 75-76-67(4); and 1068
2. The entire parcel(s) of land used to 1069
establish the necessary ownership and/or lease and control of the 1070
property to the mean high-water line must be immediately adjacent 1071
to waters at a location which would have qualified as a legal 1072
gaming site for docking a cruise vessel under paragraph (a) of 1073
this section prior to August 29, 2005; 1074
(c) On a vessel as defined in Section 27-109-1 whenever 1075
such vessel is on the Mississippi River or navigable waters within 1076
any county bordering on the Mississippi River, and in which the 1077
registered voters of the county in which the port is located have 1078
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not voted to prohibit such betting, gaming or wagering on vessels 1079
as provided in Section 19-3-79; or 1080
(d) That is legal under the laws of the State of 1081
Mississippi. 1082
SECTION 20. Section 97-33-8, Mississippi Code of 1972, is 1083
brought forward as follows: 1084
97-33-8. (1) The provisions of this section are intended to 1085
clarify that the operation of "Internet sweepstakes cafes" is an 1086
illegal gambling activity under state law. 1087
(2) It shall be unlawful for any person or entity to 1088
possess, own, control, display, operate or have a financial 1089
interest in an electronic video monitor that: 1090
(a) Is offered or made available to a person to play or 1091
participate in a simulated gambling program in return for direct 1092
or indirect consideration, including consideration associated with 1093
a product, service or activity other than the simulated gambling 1094
program; and 1095
(b) The person who plays or participates in the 1096
simulated gambling program may become eligible to win, redeem or 1097
otherwise obtain a cash or cash-equivalent prize, whether or not 1098
the eligibility for or value of the prize is determined by or has 1099
any relationship to the outcome or play of the program. 1100
(3) As used in this section, the following words and phrases 1101
shall have the meanings ascribed in this subsection, unless the 1102
context clearly indicates otherwise: 1103
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(a) "Simulated gambling program" means any method 1104
intended to be used by a person playing, participating or 1105
interacting with an electronic video monitor that is offered by 1106
another person or entity; that directly or indirectly implements 1107
the predetermination of a cash or cash-equivalent prize, or 1108
otherwise connects the player with the cash or cash-equivalent 1109
prize; and that is not legal under the Mississippi Gaming Control 1110
Act. 1111
(b) "Consideration associated with a product, service 1112
or activity other than the simulated gambling program" means money 1113
or other value collected for a product, service or activity that 1114
is offered in any direct or indirect relationship to playing or 1115
participating in the simulated gambling program. The term 1116
includes consideration paid for Internet access or computer time, 1117
or a sweepstakes entry. 1118
(c) "Electronic video monitor" means any unit, 1119
mechanism, computer or other terminal, or device that is capable 1120
of displaying moving or still images. 1121
(4) Any person or entity violating the provisions of this 1122
section, upon conviction, shall be guilty of a misdemeanor and 1123
fined not more than One Thousand Dollars ($1,000.00) or imprisoned 1124
for not less than one (1) year, or both. 1125
(5) The provisions of this section shall not apply to: 1126
(a) Any lawful activity that is conducted for the 1127
primary purpose of entertaining children under the age of eighteen 1128
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(18) years, during which money is paid for a token or chip that is 1129
used to play an electronic or other game, with the winner of the 1130
game earning tickets that can be exchanged for prizes; 1131
(b) Any lawful marketing promotion, contest, prize or 1132
sweepstakes that is designed to attract consumer attention to a 1133
specific product or service which is offered for sale by the 1134
manufacturer, distributor, vendor or retailer of the product or 1135
service; or 1136
(c) Any promotional activity as defined in Section 1137
75-76-5 that is conducted by a gaming licensee. 1138
SECTION 21. Section 97-33-305, Mississippi Code of 1972, is 1139
brought forward as follows: 1140
97-33-305. (1) Fantasy contests are legal in this state. A 1141
fantasy contest operator must comply with the provisions of this 1142
section if the operator's total player roster for all fantasy 1143
contests consists of one hundred (100) or more members of the 1144
general public. 1145
(2) A fantasy contest operator must implement commercially 1146
reasonable procedures for fantasy contests with an entry fee to: 1147
(a) Prevent employees of the operator, and relatives 1148
living in the same household with an employee of an operator, from 1149
competing in fantasy contests offered by an operator in which the 1150
operator offers a cash prize; 1151
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(b) Prevent sharing with third parties of confidential 1152
information that could affect fantasy contest play until the 1153
information is made publicly available; 1154
(c) Prevent the operator from participating in a 1155
fantasy contest offered by the operator; 1156
(d) Verify that a fantasy contest player is eighteen 1157
(18) years of age or older except as required in Section 1158
97-33-307(5); 1159
(e) Ensure that individuals who participate or 1160
officiate in a sporting event or who own, manage or coach a team 1161
or player who participates in a sporting event will not knowingly 1162
be allowed to enter a fantasy contest that is determined, in whole 1163
or in part, on accumulated statistical results that include a 1164
sporting event in which the individual could be involved as an 1165
athlete, official, owner, manager or coach; 1166
(f) Allow individuals to restrict themselves from 1167
entering a fantasy contest upon request and provide reasonable 1168
steps to prevent the person from entering fantasy contests offered 1169
by the operator; 1170
(g) Disclose the number of entries that a player may 1171
submit to each fantasy contest and provide reasonable steps to 1172
prevent players from submitting more than the allowable number; 1173
(h) Restrict the number of entries submitted by a 1174
single player for any contest as follows: 1175
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(i) An operator shall not allow a player to submit 1176
more than one (1) entry in a contest involving twelve (12) or 1177
fewer players. 1178
(ii) If the number of players in a contest is more 1179
than twelve (12) but fewer than thirty-seven (37), an operator 1180
shall not allow a player to submit more than two (2) entries. 1181
(iii) If the number of players in a contest is at 1182
least thirty-seven (37) but no more than one hundred (100), an 1183
operator shall not allow a player to submit more than three (3) 1184
entries. 1185
(iv) In any contest involving more than one 1186
hundred (100) players, an operator shall not allow a player to 1187
submit more than the lesser of: 1188
1. Three percent (3%) of all entries; or 1189
2. One hundred fifty (150) entries. 1190
(v) For all advertised fantasy contests, the 1191
operator must prominently include information about the maximum 1192
number of entries that may be submitted for that contest. 1193
(vi) An operator may establish fantasy contests in 1194
which there is no restriction on the number of entries, if those 1195
contests constitute less than two percent (2%) of the total number 1196
of contests it offers, and if the operator clearly discloses: 1197
1. That there are no limits on the number of 1198
entries by each player in the contest; and 1199
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2. That the cost of participating in such a 1200
contest is Fifty Dollars ($50.00) or more per entry; 1201
(i) Offer introductory procedures for players that are 1202
prominently displayed on the main page of the operator's platform 1203
to explain contest play and how to identify a highly experienced 1204
player; 1205
(j) Identify all highly experienced players in every 1206
fantasy contest by a symbol attached to the players' usernames, or 1207
by other easily visible means, on all platforms supported by the 1208
operator; and 1209
(k) Segregate fantasy contest player funds from 1210
operational funds or maintain a reserve in the form of cash, cash 1211
equivalents, payment processor reserves and receivables, an 1212
irrevocable letter of credit, a bond, or a combination thereof, in 1213
the amount of the total account balances of the fantasy contest 1214
players for the benefit and protection of the funds held in the 1215
accounts. 1216
(3) An operator shall not offer contests based on the 1217
performance of participants in collegiate, high school or youth 1218
sports events. 1219
(4) A fantasy contest operator offering fantasy contests 1220
with an entry fee in this state shall comply with audit procedures 1221
adopted by the commission to ensure compliance with this section. 1222
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(5) (a) Advertisements for contests and prizes offered by 1223
an operator shall not target prohibited participants, minors, or 1224
self-excluded persons. 1225
(b) Representations or implications about average 1226
winnings from contests shall not be unfair or misleading. Such 1227
representations shall include, at a minimum: 1228
(i) The median and mean net winnings of all 1229
players participating in contests offered by the operator; and 1230
(ii) The percentage of winnings awarded by the 1231
operator to highly experienced players participating in contests 1232
offered by the operator within the preceding calendar year. 1233
(6) Operators shall prohibit the use of third-party scripts 1234
or scripting programs for any contest and ensure that measures are 1235
in place to deter, detect and, to the extent reasonably possible, 1236
prevent cheating, including collusion, and the use of cheating 1237
devices, including use of software programs that submit entry fees 1238
or adjust the athletes selected by a player. 1239
(7) The values of all prizes and awards offered to winning 1240
players must be established and made known to the players in 1241
advance of the contest. 1242
SECTION 22. Section 75-76-79, Mississippi Code of 1972, is 1243
amended as follows: 1244
75-76-79. (1) (a) Except as otherwise provided in 1245
paragraphs (b) and (c) of this subsection, it is unlawful for any 1246
person, either as owner, lessee or employee, whether for hire or 1247
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not, to operate, carry on, conduct or maintain any form of 1248
manufacture, selling or distribution of any gaming device for use 1249
or play in Mississippi or for distribution outside of Mississippi 1250
without first procuring and maintaining all required federal and 1251
state licenses. 1252
(b) A lessor who specifically acquires equipment for a 1253
capital lease is not required to be licensed under this section. 1254
(c) The holder of a state gaming license or the holding 1255
company of a corporate licensee may, within two (2) years after 1256
cessation of business or upon specific approval by the executive 1257
director, dispose of by sale in a manner approved by the executive 1258
director, any or all of its gaming devices, including slot 1259
machines, without a distributor's license. In cases of bankruptcy 1260
of a state gaming licensee or foreclosure of a lien by a bank or 1261
other person holding a security interest for which gaming devices 1262
are security, in whole or in part, for the lien, the executive 1263
director may authorize the disposition of the gaming devices 1264
without requiring a distributor's license. 1265
(d) Any person whom the commission determines is a 1266
suitable person to receive a license under the provisions of this 1267
section may be issued a manufacturer's or distributor's license. 1268
The burden of proving his qualification to receive or hold a 1269
license under this section is at all times on the applicant or 1270
licensee. 1271
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(e) Every person who must be licensed pursuant to this 1272
section is subject to the provisions of Sections 75-76-199 through 1273
75-76-265, unless exempted from those provisions by the 1274
commission. 1275
(f) The commission may exempt, for any purpose, a 1276
manufacturer, seller or distributor from the provisions of 1277
Sections 75-76-199 through 75-76-265, if the commission determines 1278
that the exemption is consistent with the purposes of this 1279
chapter. 1280
(g) As used in this section, "holding company" has the 1281
meaning ascribed to it in Section 75-76-199. 1282
(2) If the commission determines that a manufacturer or 1283
distributor is unsuitable to receive or hold a license: 1284
(a) No new gaming device or associated equipment 1285
manufactured by the manufacturer or distributed by the distributor 1286
may be approved; 1287
(b) Any previously approved device or associated 1288
equipment manufactured by the manufacturer or distributed by the 1289
distributor is subject to revocation of approval if the reasons 1290
for the denial of the license also apply to that device or 1291
associated equipment; 1292
(c) No new device or associated equipment manufactured 1293
by the manufacturer or distributed by the distributor may be sold, 1294
transferred or offered for use or play in Mississippi; and 1295
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(d) Any association or agreement between the 1296
manufacturer or distributor and a licensee must be terminated, 1297
unless otherwise provided by the commission. An agreement between 1298
such a manufacturer or distributor of gaming devices or associated 1299
equipment and a licensee shall be deemed to include a provision 1300
for its termination without liability on the part of the licensee 1301
upon a finding by the commission that the manufacturer is 1302
unsuitable to be associated with a gaming enterprise. Failure to 1303
include that condition in the agreement is not a defense in any 1304
action brought pursuant to this section to terminate the 1305
agreement. 1306
(3) Failure of a licensee to terminate any association or 1307
agreement with a manufacturer or distributor of gaming devices or 1308
associated equipment after receiving notice of a determination of 1309
unsuitability, the denial of a license or failure to file a timely 1310
application for a license, is an unsuitable method of operation. 1311
(4) There is hereby imposed and levied on each applicant for 1312
a manufacturer's, seller's or distributor's license under this 1313
section an annual license fee in the following amount: 1314
(a) For the issuance or continuation of a 1315
manufacturer's license, One Thousand Dollars ($1,000.00). 1316
(b) For the issuance or continuation of a seller's or 1317
distributor's license, Five Hundred Dollars ($500.00). 1318
This fee is to be paid by the applicant to the * * * 1319
Department of Revenue on or before the filing of the application 1320
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for a manufacturer's, seller's or distributor's license by the 1321
applicant. Upon such payment the * * * Commissioner of Revenue 1322
shall certify to the executive director that such fee has been 1323
paid by the applicant. 1324
Except for those amounts that a person issued a 1325
manufacturer's license under this section may charge for goods 1326
supplied or services rendered, the person holding the 1327
manufacturer's license may not be directly reimbursed by a holder 1328
of a gaming license for the cost of any fee paid by the person for 1329
the issuance or continuation of such a license, whether imposed 1330
under this section or any other provision of this chapter. 1331
(5) A manufacturer or distributor of associated equipment 1332
who sells, transfers or offers the associated equipment for use or 1333
play in Mississippi may be required by the executive director to 1334
file an application for a finding of suitability to be a 1335
manufacturer or distributor of associated equipment. 1336
Any person who directly or indirectly involves himself in the 1337
sale, transfer or offering for use or play in Mississippi of 1338
associated equipment who is not otherwise required to be licensed 1339
as a manufacturer or distributor may be required by the executive 1340
director to file an application for a finding of suitability to be 1341
a manufacturer or distributor of associated equipment. 1342
If an application for a finding of suitability is not 1343
submitted within thirty (30) days after demand by the executive 1344
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director, he may pursue any remedy or combination of remedies 1345
provided in this chapter. 1346
(6) The executive director and his employees may inspect 1347
every gaming device which is manufactured, sold or distributed: 1348
(a) For use in this state, before the gaming device is 1349
put into play. 1350
(b) In this state for use outside this state, before 1351
the gaming device is shipped out of this state. 1352
The executive director may inspect every gaming device which 1353
is offered for play within this state by a licensee. 1354
The executive director may inspect all associated equipment 1355
which is manufactured, sold or distributed for use in this state 1356
before the equipment is installed or used by a gaming licensee. 1357
In addition to all other fees and charges imposed by this 1358
chapter, the executive director may determine an inspection fee 1359
with regard to each manufacturer, seller or distributor which must 1360
not exceed the actual cost of inspection and investigation. Upon 1361
such determination, the executive director shall certify to 1362
the * * * Commissioner of Revenue the amount of the inspection fee 1363
and the name and address of the applicant. Upon such 1364
certification the * * * Department of Revenue shall proceed to 1365
assess and collect such inspection fee from the applicant. 1366
SECTION 23. Section 97-33-25, Mississippi Code of 1972, is 1367
amended as follows: 1368
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97-33-25. If any person shall sell or buy, either directly 1369
or indirectly, any chance in what is commonly called pool, upon 1370
any event whatever, or shall in any manner engage in such business 1371
or pastime, he shall be fined not more than Five Hundred Dollars 1372
($500.00) or shall be imprisoned in the county jail not more than 1373
ninety (90) days; provided, however, this section shall not apply 1374
to betting, gaming or wagering: 1375
(a) On a cruise vessel as defined in Section 27-109-1 1376
whenever such vessel is in the waters within the State of 1377
Mississippi, which lie adjacent to the State of Mississippi south 1378
of the three (3) most southern counties in the State of 1379
Mississippi, including the Mississippi Sound, St. Louis Bay, 1380
Biloxi Bay and Pascagoula Bay, and in which the registered voters 1381
of the county in which the port is located have not voted to 1382
prohibit such betting, gaming or wagering on cruise vessels as 1383
provided in Section 19-3-79; 1384
(b) In a structure located in whole or in part on shore 1385
in any of the three (3) most southern counties in the State of 1386
Mississippi in which the registered voters of the county have 1387
voted to allow such betting, gaming or wagering on cruise vessels 1388
as provided in Section 19-3-79, if: 1389
(i) The structure is owned, leased or controlled 1390
by a person possessing a gaming license, as defined in Section 1391
75-76-5, to conduct legal gaming * * * at a location that was 1392
legal for dockside gaming prior to August 29, 2005; 1393
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(ii) The part of the structure in which licensed 1394
gaming activities are conducted is located entirely in an area 1395
which is located no more than eight hundred (800) feet from the 1396
mean high-water line (as defined in Section 29-15-1) of the waters 1397
within the State of Mississippi, which lie adjacent to the State 1398
of Mississippi south of the three (3) most southern counties in 1399
the State of Mississippi, including the Mississippi Sound, St. 1400
Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to the 1401
Mississippi Sound at Harrison County only, no farther north than 1402
the southern boundary of the right-of-way for U.S. Highway 90, 1403
whichever is greater; and in determining the distance to the mean 1404
high-water line, the following considerations apply: 1405
1. Rights-of-way and easements for public 1406
streets and highways shall not be construed to interrupt the 1407
contiguous nature of a parcel of property, nor shall the footage 1408
contained within such easements and rights-of-way be considered in 1409
the calculation of the distances specified in subparagraph (ii) of 1410
this paragraph; and 1411
2. An imaginary line drawn from any point 1412
along the mean high-water line referenced and utilized pursuant to 1413
subparagraph (ii) of this paragraph to any other point of 1414
reference must cross only property under the exclusive use and 1415
control of the gaming licensee or proposed licensee based on its 1416
ownership or lease thereof, except for rights-of-way and easements 1417
for public streets and highways; and 1418
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(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 * * * be located 1421
on: 1422
1. Property entirely under the exclusive use 1423
and control of the gaming licensee or proposed licensee based on 1424
its ownership or lease thereof that extends from the gaming floor 1425
to the mean high-water line and such land is capable of 1426
accommodating the minimum improvement requirements set forth in 1427
Section 75-76-67(4); and 1428
2. The entire parcel(s) of land used to 1429
establish the necessary ownership and/or lease and control of the 1430
property to the mean high-water line must be immediately adjacent 1431
to waters at a location which would have qualified as a legal 1432
gaming site for docking a cruise vessel under paragraph (a) of 1433
this section prior to August 29, 2005; 1434
(c) On a vessel as defined in Section 27-109-1 whenever 1435
such vessel is on the Mississippi River or navigable waters within 1436
any county bordering on the Mississippi River, and in which the 1437
registered voters of the county in which the port is located have 1438
not voted to prohibit such betting, gaming or wagering on vessels 1439
as provided in Section 19-3-79; or 1440
(d) That is legal under the laws of the State of 1441
Mississippi. 1442
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SECTION 24. Section 97-33-1, Mississippi Code of 1972, is 1443
amended as follows: 1444
97-33-1. Except as otherwise provided in Section 97-33-8, if 1445
any person shall encourage, promote or play at any game, play or 1446
amusement, other than a fight or fighting match between dogs, for 1447
money or other valuable thing, or shall wager or bet, promote or 1448
encourage the wagering or betting of any money or other valuable 1449
things, upon any game, play, amusement, cockfight, Indian ball 1450
play or duel, other than a fight or fighting match between dogs, 1451
or upon the result of any election, event or contingency whatever, 1452
upon conviction thereof, he shall be fined in a sum not more than 1453
Five Hundred Dollars ($500.00); and, unless such fine and costs be 1454
immediately paid, shall be imprisoned for any period not more than 1455
ninety (90) days. However, this section shall not apply to 1456
betting, gaming or wagering: 1457
(a) On a cruise vessel as defined in Section 27-109-1 1458
whenever such vessel is in the waters within the State of 1459
Mississippi, which lie adjacent to the State of Mississippi south 1460
of the three (3) most southern counties in the State of 1461
Mississippi, including the Mississippi Sound, St. Louis Bay, 1462
Biloxi Bay and Pascagoula Bay, and in which the registered voters 1463
of the county in which the port is located have not voted to 1464
prohibit such betting, gaming or wagering on cruise vessels as 1465
provided in Section 19-3-79; 1466
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(b) In a structure located, in whole or in part, on 1467
shore in any of the three (3) most southern counties in the State 1468
of Mississippi in which the registered voters of the county have 1469
voted to allow such betting, gaming or wagering on cruise vessels 1470
as provided in Section 19-3-79, if: 1471
(i) The structure is owned, leased or controlled 1472
by a person possessing a gaming license, as defined in Section 1473
75-76-5, to conduct legal gaming * * * at a location that was 1474
legal for dockside gaming prior to August 29, 2005; 1475
(ii) The part of the structure in which licensed 1476
gaming activities are conducted is located entirely in an area 1477
which is located no more than eight hundred (800) feet from the 1478
mean high-water line (as defined in Section 29-15-1) of the waters 1479
within the State of Mississippi, which lie adjacent to the State 1480
of Mississippi south of the three (3) most southern counties in 1481
the State of Mississippi, including the Mississippi Sound, St. 1482
Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to the 1483
Mississippi Sound at Harrison County only, no farther north than 1484
the southern boundary of the right-of-way for U.S. Highway 90, 1485
whichever is greater; and in determining the distance to the mean 1486
high-water line, the following considerations apply: 1487
1. Rights-of-way and easements for public 1488
streets and highways shall not be construed to interrupt the 1489
contiguous nature of a parcel of property, nor shall the footage 1490
contained within such easements and rights-of-way be considered in 1491
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the calculation of the distances specified in subparagraph (ii) of 1492
this paragraph; and 1493
2. An imaginary line drawn from any point 1494
along the mean high-water line referenced and utilized pursuant to 1495
subparagraph (ii) of this paragraph to any other point of 1496
reference must cross only property under the exclusive use and 1497
control of the gaming licensee or proposed licensee based on its 1498
ownership or lease thereof, except for rights-of-way and easements 1499
for public streets and highways; and 1500
(iii) In the case of a structure that is located 1501
in whole or part on shore, the part of the structure in which 1502
licensed gaming activities are conducted shall * * * be located 1503
on: 1504
1. Property entirely under the exclusive use 1505
and control of the gaming licensee or proposed licensee based on 1506
its ownership or lease thereof that extends from the gaming floor 1507
to the mean high-water line and such land is capable of 1508
accommodating the minimum improvement requirements set forth in 1509
Section 75-76-67(4); and 1510
2. The entire parcel(s) of land used to 1511
establish the necessary ownership and/or lease and control of the 1512
property to the mean high-water line must be immediately adjacent 1513
to waters at a location which would have qualified as a legal 1514
gaming site for docking a cruise vessel under paragraph (a) of 1515
this section prior to August 29, 2005; 1516
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(c) On a vessel as defined in Section 27-109-1 whenever 1517
such vessel is on the Mississippi River or navigable waters within 1518
any county bordering on the Mississippi River, and in which the 1519
registered voters of the county in which the port is located have 1520
not voted to prohibit such betting, gaming or wagering on vessels 1521
as provided in Section 19-3-79; or 1522
(d) That is legal under the laws of the State of 1523
Mississippi. 1524
SECTION 25. Section 97-33-7, Mississippi Code of 1972, is 1525
amended as follows: 1526
97-33-7. (1) Except as otherwise provided in Section 1527
97-33-8, it shall be unlawful for any person or persons, firm, 1528
copartnership or corporation to have in possession, own, control, 1529
display, or operate any cane rack, knife rack, artful dodger, 1530
punch board, roll down, merchandise wheel, slot machine, pinball 1531
machine, or similar device or devices. Provided, however, that 1532
this section shall not be so construed as to make unlawful the 1533
ownership, possession, control, display or operation of any 1534
antique coin machine as defined in Section 27-27-12, or any music 1535
machine or bona fide automatic vending machine where the purchaser 1536
receives exactly the same quantity of merchandise on each 1537
operation of said machine. Any slot machine other than an antique 1538
coin machine as defined in Section 27-27-12 which delivers, or is 1539
so constructed as that by operation thereof it will deliver to the 1540
operator thereof anything of value in varying quantities, in 1541
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addition to the merchandise received, and any slot machine other 1542
than an antique coin machine as defined in Section 27-27-12 that 1543
is constructed in such manner as that slugs, tokens, coins or 1544
similar devices are, or may be, used and delivered to the operator 1545
thereof in addition to merchandise of any sort contained in such 1546
machine, is hereby declared to be a gambling device, and shall be 1547
deemed unlawful under the provisions of this section. Provided, 1548
however, that pinball machines which do not return to the operator 1549
or player thereof anything but free additional games or plays 1550
shall not be deemed to be gambling devices, and neither this 1551
section nor any other law shall be construed to prohibit same. 1552
(2) No property right shall exist in any person, natural or 1553
artificial, or be vested in such person, in any or all of the 1554
devices described herein that are not exempted from the provisions 1555
of this section; and all such devices are hereby declared to be at 1556
all times subject to confiscation and destruction, and their 1557
possession shall be unlawful, except when in the possession of 1558
officers carrying out the provisions of this section. It shall be 1559
the duty of all law enforcing officers to seize and immediately 1560
destroy all such machines and devices. 1561
(3) A first violation of the provisions of this section 1562
shall be deemed a misdemeanor, and the party offending shall, upon 1563
conviction, be fined in any sum not exceeding Five Hundred Dollars 1564
($500.00), or imprisoned not exceeding three (3) months, or both, 1565
in the discretion of the court. In the event of a second 1566
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conviction for a violation of any of the provisions of this 1567
section, the party offending shall be subject to a sentence of not 1568
less than six (6) months in the county jail, nor more than two (2) 1569
years in the State Penitentiary, in the discretion of the trial 1570
court. 1571
(4) Notwithstanding any provision of this section to the 1572
contrary, it shall not be unlawful to operate any equipment or 1573
device described in subsection (1) of this section or any gaming, 1574
gambling or similar device or devices by whatever name called 1575
while: 1576
(a) On a cruise vessel as defined in Section 27-109-1 1577
whenever such vessel is in the waters within the State of 1578
Mississippi, which lie adjacent to the State of Mississippi south 1579
of the three (3) most southern counties in the State of 1580
Mississippi, including the Mississippi Sound, St. Louis Bay, 1581
Biloxi Bay and Pascagoula Bay, and in which the registered voters 1582
of the county in which the port is located have not voted to 1583
prohibit such betting, gaming or wagering on cruise vessels as 1584
provided in Section 19-3-79; 1585
(b) In a structure located, in whole or in part, on 1586
shore in any of the three (3) most southern counties in the State 1587
of Mississippi in which the registered voters of the county have 1588
voted to allow such betting, gaming or wagering on cruise vessels 1589
as provided in Section 19-3-79, if: 1590
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(i) The structure is owned, leased or controlled 1591
by a person possessing a gaming license, as defined in Section 1592
75-76-5, to conduct legal gaming * * * at a location that was 1593
legal for dockside gaming prior to August 29, 2005; 1594
(ii) The part of the structure in which licensed 1595
gaming activities are conducted is located entirely in an area 1596
which is located no more than eight hundred (800) feet from the 1597
mean high-water line (as defined in Section 29-15-1) of the waters 1598
within the State of Mississippi, which lie adjacent to the State 1599
of Mississippi south of the three (3) most southern counties in 1600
the State of Mississippi, including the Mississippi Sound, St. 1601
Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to the 1602
Mississippi Sound at Harrison County only, no farther north than 1603
the southern boundary of the right-of-way for U.S. Highway 90, 1604
whichever is greater; and in determining the distance to the mean 1605
high-water line, the following considerations apply: 1606
1. Rights-of-way and easements for public 1607
streets and highways shall not be construed to interrupt the 1608
contiguous nature of a parcel of property, nor shall the footage 1609
contained within such easements and rights-of-way be considered in 1610
the calculation of the distances specified in subparagraph (ii) of 1611
this paragraph; and 1612
2. An imaginary line drawn from any point 1613
along the mean high-water line referenced and utilized pursuant to 1614
subparagraph (ii) of this paragraph to any other point of 1615
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reference must cross only property under the exclusive use and 1616
control of the gaming licensee or proposed licensee based on its 1617
ownership or lease thereof, except for rights-of-way and easements 1618
for public streets and highways; and 1619
(iii) In the case of a structure that is located 1620
in whole or part on shore, the part of the structure in which 1621
licensed gaming activities are conducted shall * * * be located 1622
on: 1623
1. Property entirely under the exclusive use 1624
and control of the gaming licensee or proposed licensee based on 1625
its ownership or lease thereof that extends from the gaming floor 1626
to the mean high-water line and such land is capable of 1627
accommodating the minimum improvement requirements set forth in 1628
Section 75-76-67(4); and 1629
2. The entire parcel(s) of land used to 1630
establish the necessary ownership and/or lease and control of the 1631
property to the mean high-water line must be immediately adjacent 1632
to waters at a location which would have qualified as a legal 1633
gaming site for docking a cruise vessel under paragraph (a) of 1634
this subsection prior to August 29, 2005; 1635
(c) On a vessel as defined in Section 27-109-1 whenever 1636
such vessel is on the Mississippi River or navigable waters within 1637
any county bordering on the Mississippi River, and in which the 1638
registered voters of the county in which the port is located have 1639
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not voted to prohibit such betting, gaming or wagering on vessels 1640
as provided in Section 19-3-79; or 1641
(d) That is legal under the laws of the State of 1642
Mississippi. 1643
(5) Notwithstanding any provision of this section to the 1644
contrary, it shall not be unlawful (a) to own, possess, repair or 1645
control any gambling device, machine or equipment in a licensed 1646
gaming establishment or on the business premises appurtenant to 1647
any such licensed gaming establishment during any period of time 1648
in which such licensed gaming establishment is being constructed, 1649
repaired, maintained or operated in this state; (b) to install any 1650
gambling device, machine or equipment in any licensed gaming 1651
establishment; (c) to possess or control any gambling device, 1652
machine or equipment during the process of procuring or 1653
transporting such device, machine or equipment for installation on 1654
any such licensed gaming establishment; or (d) to store in a 1655
warehouse or other storage facility any gambling device, machine, 1656
equipment, or part thereof, regardless of whether the county or 1657
municipality in which the warehouse or storage facility is located 1658
has approved gaming aboard cruise vessels or vessels, provided 1659
that such device, machine or equipment is operated only in a 1660
county or municipality that has approved gaming aboard cruise 1661
vessels or vessels. Any gambling device, machine or equipment 1662
that is owned, possessed, controlled, installed, procured, 1663
repaired, transported or stored in accordance with this subsection 1664
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shall not be subject to confiscation, seizure or destruction, and 1665
any person, firm, partnership or corporation which owns, 1666
possesses, controls, installs, procures, repairs, transports or 1667
stores any gambling device, machine or equipment in accordance 1668
with this subsection shall not be subject to any prosecution or 1669
penalty under this section. Any person constructing or repairing 1670
such cruise vessels or vessels within a municipality shall comply 1671
with all municipal ordinances protecting the general health or 1672
safety of the residents of the municipality. 1673
SECTION 26. (1) Establishment of Mississippi HOPE 1674
Scholarship Program. The funding proceeds allocated under this 1675
act shall be dedicated to the establishment and maintenance of the 1676
Mississippi HOPE Scholarship Program. The Office of Student 1677
Financial Aid (OSFA) of the Board of Trustees of State 1678
Institutions of Higher Learning shall be responsible for the 1679
development of a new scholarship program or the enhancement of 1680
existing programs to ensure maximum college access, affordability 1681
and degree completion rates for the greatest number of 1682
Mississippians. There is hereby created the Mississippi HOPE 1683
Scholarship Program Fund which shall be a special fund in the 1684
State Treasury for the purpose of receiving and disbursing funds 1685
under this act. 1686
(2) (a) Access and affordability. The program shall 1687
prioritize financial support for students from underserved 1688
communities to remove economic barriers to higher education. 1689
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(b) Completion support. The OSFA shall implement 1690
initiatives to improve retention and graduation rates, including 1691
academic counseling, mentorship programs and wraparound services. 1692
(c) Alignment with workforce needs. Priority for 1693
funding may be given to students pursuing degrees or 1694
certifications in high-demand industries as determined by 1695
Accelerate Mississippi. 1696
(3) Coordination and reporting. The OSFA shall collaborate 1697
with institutions of higher learning, community colleges and 1698
workforce development entities to identify eligible degree and 1699
certification programs. The OSFA shall submit an annual report to 1700
the Legislature detailing the program's performance, including the 1701
number of scholarships awarded, student outcomes and employment 1702
rates in high-demand sectors. 1703
(4) This section shall be implemented no later than the next 1704
fiscal year following the passage of this act. 1705
SECTION 27. There is hereby created the "Mobile Sports 1706
Wagering Tax Fund," which shall consist of taxes and fees 1707
collected under this section. The Department of Revenue shall be 1708
custodian of the fund. Any interest and monies earned on such 1709
investments shall be credited to the fund. The fund shall be a 1710
dedicated fund and shall be distributed as follows: 1711
(a) The first Six Thousand Dollars ($6,000.00) 1712
deposited to the Mobile Sports Wagering Tax fund each year shall 1713
be transferred into the Retail Sports Wagering Protection Fund, 1714
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which is hereby created. At the end of each calendar year, any 1715
casino whose total annual sports wagering revenue is below the 1716
total annual retail sports wagering revenue the same casino 1717
received in 2024 may apply for a portion of the funds in the 1718
Retail Sports Wagering Protection Fund. The Gaming Commission 1719
shall allocate funds in the Retail Sports Wagering Protection Fund 1720
proportionately among eligible applicants, but in no case shall a 1721
casino receive more funds than the amount of the difference 1722
between its current year retail sports wagering revenue and its 1723
2024 sports wagering revenue. Any funds remaining in the Retail 1724
Sports Wagering Protection Fund after this distribution shall be 1725
returned to the Mobile Sports Wagering Tax Fund for distribution 1726
in compliance with paragraph (b) of this section. 1727
(b) The remainder of funds in the Mobile Sports 1728
Wagering Tax Fund shall be paid on or before the last day of each 1729
month by the Department of Revenue to the State Treasurer to be 1730
deposited in the Emergency Road and Bridge Repair Fund created in 1731
Section 65-1-179. 1732
SECTION 28. This act shall take effect and be in force from 1733
and after July 1, 2026; however, online sports pool or online race 1734
book activities shall commence outside of a licensed gaming 1735
premises not later than January 9, 2027. 1736