Modifies provisions relating to sports wagering

EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE JOINT RESOLUTION NO. 109
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR SCHROER.
6426S.01I KRISTINA MARTIN, Secretary
JOINT RESOLUTION
Submitting to the qualified voters of Missouri, an amendment repealing section 39(g) of article III
of the Constitution of Missouri, and adopting one new section in lieu thereof relating
to sports wagering.
Be it resolved by the Senate, the House of Representatives concurring therein:
That at the next general election to be held in the 1
state of Missouri, on Tuesday next following the first Monday 2
in November, 2026, or at a special election to be called by 3
the governor for that purpose, there is hereby submitted to 4
the qualified voters of this state, for adoption or 5
rejection, the following amendment to article III of the 6
Constitution of the state of Missouri:7
Section A. Section 39(g), article III, Constitution of 1
Missouri, is repealed and one new section adopted in lieu 2
thereof, to be known as section 39(g), to read as follows:3
Section 39(g). 1. The people of the state of Missouri 1
hereby find and declare that the interests of the public are 2
best served by a well-regulated sports wagering industry 3
that will provide substantial tax revenue to support 4
educational institutions in Missouri. 5
2. Notwithstanding any other provision of law to the 6
contrary, any entity licensed by the Commission pursuant to 7
Article III, Section 39(g) may offer sports wagering: 8
a. through an online sports wagering platform to 9
individuals physically located in this state; 10
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b. at excursion gambling boats; and 11
c. at any location within each sports district, as 12
approved by each applicable professional sports team that 13
plays its home games in such sports district. 14
3. A licensee shall not offer sports wagering to 15
individuals who are under twenty-one years of age. 16
4. a. The Commission shall issue not more than one 17
retail license to operate sports wagering in this state to 18
each qualified applicant that is: 19
(1) an excursion gambling boat or a sports wagering 20
operator operating on behalf of each such excursion gambling 21
boat that has applied for a retail license to offer sports 22
wagering at such excursion gambling boat; or 23
(2) a professional sports team or a sports wagering 24
operator designated by each such professional sports team 25
that has applied for a retail license to offer sports 26
wagering within the applicable sports district in which such 27
professional sports team plays its home games. 28
b. The Commission shall issue not more than one mobile 29
license to operate sports wagering in this state to each 30
qualified applicant that is: 31
(1) an owner of an excursion gambling boat located in 32
this state or a sports wagering operator operating on behalf 33
of each such owner, provided, however, that not more than 34
one sports wagering operator shall be permitted to operate 35
under such mobile license on behalf of any entity, or group 36
of commonly owned or controlled entities, which owns, 37
directly or indirectly, more than one excursion gambling 38
boat located in this state; or 39
(2) a professional sports team or a sports wagering 40
operator designated by each such professional sports team. 41
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c. The Commission shall issue not more than two mobile 42
licenses to operate sports wagering in this state directly 43
to qualified applicants that are sports wagering operators. 44
Each sports wagering operator shall only be eligible for one 45
mobile license per distinct sports wagering operator brand. 46
For purposes of Article III, Section 39(g) brand shall refer 47
to the name, trade name, licensed trademark, or assumed 48
business name of the sports wagering operator. If there are 49
more than two qualified applicants for a mobile license to 50
be issued by the Commission directly to a sports wagering 51
operator under this section, the Commission shall select the 52
applicant for licensure based on the applicant's ability to 53
satisfy the following criteria: 54
(1) Expertise in the business of online sports 55
wagering; 56
(2) Integrity, sustainability, and safety of the 57
applicant's online sports wagering platform; 58
(3) Past relevant experience of the applicant; 59
(4) Advertising and promotional plans to increase and 60
sustain revenue; 61
(5) Ability to generate, maximize, and sustain 62
revenues for the state; 63
(6) Demonstrated commitment to and plans for the 64
promotion of responsible gaming; and 65
(7) Capacity to increase the number of bettors on the 66
applicant's online sports wagering platform. 67
5. An applicant for a license to conduct sports 68
wagering shall apply to the Commission on a form and in the 69
manner prescribed by the Commission. The Commission shall 70
conduct background checks of each applicant or key persons 71
of such applicant and shall not award a license to any 72
applicant if such applicant or key person of such applicant 73
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has been convicted of a felony or any gambling offense in 74
any state or federal court of the United States. If a 75
professional sports team designates a sports wagering 76
operator to operate on its behalf, then that sports wagering 77
operator, rather than the professional sports team, shall 78
submit to the Commission for licensure and shall be 79
considered the licensee for all aspects of Commission 80
oversight and regulatory control. In the application, the 81
Commission shall require applicants to disclose the identity 82
of all of the following: 83
a. The applicant's principal owners who directly own 84
10% or more of the applicant; 85
b. Each holding, intermediary, or parent company that 86
directly owns 15% or more of the applicant; and 87
c. The applicant's board appointed chief executive 88
officer and chief financial officer, or the equivalent 89
individuals, as determined by the Commission. 90
6. Retail and mobile license applicants shall be 91
required to pay a license fee as follows: 92
a. An applicant for a retail license shall be required 93
to pay a license fee prescribed by the Commission, not to 94
exceed $250,000. Retail licensees shall be required to pay 95
a license renewal fee every five years, as prescribed by the 96
Commission, not to exceed $250,000. 97
b. An applicant for a mobile license shall be required 98
to pay a license fee prescribed by the Commission, not to 99
exceed $500,000. Mobile licensees shall be required to pay 100
a license renewal fee every five years, as prescribed by the 101
Commission, not to exceed $500,000. 102
7. a. A license for sports wagering shall not be 103
assignable or transferable without approval of the 104
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Commission. Such approval shall not be unreasonably 105
withheld. 106
b. A license shall authorize a licensee to offer 107
sports wagering under not more than one sports wagering 108
operator brand, provided, however, that such licensee shall 109
also be permitted, but not required, to use the brand of a 110
professional team or excursion gambling boat pursuant to a 111
partnership with such entity. Notwithstanding any other 112
provision of law to the contrary and subject to approval by 113
the Commission, a person or entity may hold and operate more 114
than one license under distinct sports wagering operator 115
brands, regardless of whether multiple brands are owned by 116
the same parent entity. 117
c. Commercial agreements between an excursion gambling 118
boat or a professional sports team and a sports wagering 119
operator shall be submitted to the Commission as agreed to 120
by the contracting parties. The Commission shall not 121
prescribe any terms or conditions that are required to be 122
included into such commercial agreements. A sports 123
governing body or professional sports team may enter into 124
commercial agreements with sports wagering operators or 125
other entities in which such sports governing body or 126
professional sports team may share in the amount wagered on 127
sporting events of such sports governing body or 128
professional sports team. A professional sports team may 129
grant any such rights provided under this paragraph to its 130
affiliate. Neither a sports governing body nor a 131
professional sports team, nor such team's affiliate, is 132
required to obtain a license or any other approval from the 133
Commission to lawfully accept such amounts. 134
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d. Each mobile licensee shall determine, set, and 135
display applicable lines, point spreads, odds, or other 136
information pertaining to online sports wagering. 137
e. Any submission to the Commission under this 138
section, including all documents, reports, and data 139
submitted therewith, that contain proprietary information, 140
trade secrets, financial information, or personal 141
information about any person or entity shall be treated in 142
the same confidential manner as submissions by other 143
licensees of the Commission and shall not be subject to 144
disclosure pursuant to Chapter 610 RSMo. 145
8. All sports wagering fees prescribed by the 146
Commission and collected by the state shall be appropriated 147
as follows: 148
a. to reimburse the reasonable expenses incurred by 149
the Commission to regulate sports wagering; and 150
b. to the extent all reasonable expenses incurred by 151
the Commission have been reimbursed, the remaining fees 152
shall be deposited in the Compulsive Gaming Prevention Fund. 153
9. Subject to and consistent with the terms of this 154
section, the Commission shall have the power to adopt and 155
enforce commercially reasonable rules, including emergency 156
rules, to implement the provisions of this section. No rule 157
or portion of a rule promulgated under the authority of this 158
section shall become effective unless it has been 159
promulgated pursuant to the provisions of Chapter 536. The 160
Commission shall examine the rules implemented in other 161
states where sports wagering is conducted and shall, as far 162
as practicable, adopt a similar regulatory framework, 163
including, but not limited to: 164
a. Standards governing the security and integrity of 165
sports wagering, including requiring the use of official 166
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league data on the terms and conditions set forth below from 167
each applicable sports governing body headquartered in the 168
United States solely for the purposes of determining the 169
outcome of tier two sports wagers on a professional athlete 170
or sporting event, but only if made available to licensees 171
on commercially reasonable terms. Sports wagering operators 172
may use any data source for determining the results of any 173
and all tier one sports wagers on any and all sporting 174
events, and the results of any and all tier two sports 175
wagers on sporting events of an organization that is not 176
headquartered in the United States. 177
(1) A sports governing body may notify the Commission 178
that it desires sports wagering operators to use official 179
league data to settle tier two sports wagers on sporting 180
events of such sports governing body. Such notification 181
shall be made in the form and manner the Commission may 182
require. The Commission shall notify each sports wagering 183
operator of a sports governing body's notification within 184
five days of the Commission's receipt of such notification. 185
If a sports governing body does not notify the Commission of 186
its desire to supply official league data, a sports wagering 187
operator may use any data source for determining the results 188
of any and all tier two sports wagers on sporting events of 189
such sports governing body. 190
(2) Within 60 days of the Commission notifying each 191
sports wagering operator of a sports governing body's 192
notification to the Commission, or such longer period as may 193
be agreed between the sports governing body and the 194
applicable sports wagering operator, sports wagering 195
operators shall use only official league data to determine 196
the results of tier two sports wagers on sporting events of 197
that sports governing body, unless: 198
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(a) The sports governing body or its designee cannot 199
provide a feed of official league data to determine the 200
results of a particular type of tier two sports wager, in 201
which case sports wagering operators may use any data source 202
for determining the results of the applicable tier two 203
sports wager until such time as such a data feed becomes 204
available from the sports governing body on commercially 205
reasonable terms and conditions; 206
(b) A sports wagering operator can demonstrate to the 207
Commission that the sports governing body or its designee 208
will not provide a feed of official league data to the 209
sports wagering operator on commercially reasonable terms 210
and conditions; or 211
(c) The sports governing body or its designee does not 212
obtain the necessary supplier approvals to provide official 213
league data to sports wagering operators to determine the 214
results of tier two sports wagers, if and to the extent 215
required by law. 216
(3) The following is a non-exclusive list of factors 217
that the Commission may consider in evaluating official 218
league data is being offered on commercially reasonable 219
terms and conditions for the purposes of paragraphs (a) and 220
(b) of subsection (2): 221
(a) The availability of a sports governing body's tier 222
two official league data to a sports wagering operator from 223
more than one authorized source; 224
(b) Market information, including, but not limited to, 225
price and other terms and conditions, regarding the purchase 226
by sports wagering operators of comparable data for the 227
purpose of settling sports wagers in this state and other 228
jurisdictions; 229
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(c) The nature and quantity of data, including the 230
quality and complexity of the process utilized for 231
collecting such data; and 232
(d) The extent to which sports governing bodies or 233
their designees have made data used to settle tier two bets 234
or wagers available to operators and any terms and 235
conditions relating to the use of that data. 236
(4) Notwithstanding anything set forth to the contrary 237
herein, including without limitation subparagraph (3), 238
during the pendency of the Commission's determination as to 239
whether a sports governing body or its designee will provide 240
a feed of official league data on commercially reasonable 241
terms, a sports wagering operator may use any data source 242
for determining the results of any and all tier two sports 243
wagers. The Commission's determination shall be made within 244
120 days of the sports wagering operator notifying the 245
Commission that it desires to demonstrate that the sports 246
governing body or its designee will not provide a feed of 247
official league data to the sports wagering operator on 248
commercially reasonable terms. 249
b. Standards concerning a licensee's books and 250
financial records relating to sports wagering, including 251
auditing requirements, standards for the daily counting of a 252
licensee's gross receipts from sports wagering, and 253
standards to ensure that internal controls are followed; 254
c. Standards for the use and distribution of monies 255
from the Compulsive Gaming Prevention Fund shall include, 256
but not be limited to, research, detection, and prevention 257
of compulsive gaming, the implementation of treatment and 258
recovery programs, or services related to compulsive gaming 259
in this state; 260
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d. Standards concerning the detection and prevention 261
of compulsive gaming including, but not limited to, 262
requirements to prominently display information regarding 263
compulsive gaming on all online sports wagering platforms 264
and promotions; 265
e. Requiring licensees to cooperate with 266
investigations conducted by law enforcement agencies, 267
regulatory bodies, and sports governing bodies; 268
f. Standards for licensees and sports wagering 269
operators to report to the Commission and the sports 270
governing bodies information related to: abnormal betting 271
activity or patterns that may indicate a concern with the 272
integrity of a sporting event or events; suspicious or 273
illegal betting activities if known to the applicable 274
licensee or sports wagering operator; and any other conduct 275
that corrupts a betting outcome of a sporting event or 276
events for purposes of financial gain, including match 277
fixing; 278
g. Standards for any sports governing body to submit 279
to the Commission a written request to restrict, limit, or 280
exclude a certain type, form, or category of sports betting 281
with respect to a sporting event of that sports governing 282
body, if the applicable sports governing body believes that 283
such type, form, or category of sports wagering with respect 284
to the sporting event of the sports governing body may 285
undermine the integrity or perceived integrity of the 286
applicable sports governing body or sporting events of the 287
applicable sports governing body. 288
These standards shall also require the Commission to request 289
comment from sports wagering operators on all requests made 290
pursuant to this paragraph and after giving due 291
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consideration to all comments received, the Commission 292
shall, upon a demonstration of good cause from the 293
applicable sports governing body that such type, form, or 294
category of sports betting is likely to undermine the 295
integrity or perceived integrity of such body or sporting 296
events of the applicable sports governing body, grant the 297
request. 298
These standards shall require the Commission to respond to a 299
request concerning a sporting event before the start of the 300
event, or, if it is not feasible to respond before the start 301
of the event, no later than 7 days after the request is 302
made, and if the Commission determines that the applicable 303
sports governing body is more likely than not to prevail in 304
successfully demonstrating good cause for its request, the 305
Commission may provisionally grant the request of the 306
applicable sports governing body pending the Commission's 307
final determination thereon. Unless the Commission 308
provisionally grants the request, sports wagering operators 309
may continue to offer sports betting and accept bets on the 310
covered sporting event pending a final determination by the 311
Commission; 312
h. Requiring licensees and sports wagering operators 313
to use commercially and technologically reasonable means to 314
ensure that marketing and advertisements do not purposefully 315
target minors or individuals who have self-excluded from 316
sports wagering, are not false, misleading or deceptive, and 317
clearly disclose the material terms of any offer included in 318
any promotion or advertisement; 319
i. Standards for the regulation of suppliers of sports 320
wagering goods, services, software, or any other components 321
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necessary for the creation of sports wagering markets and 322
determination of wager outcomes; 323
j. Standards for the implementation of responsible 324
gaming programs, including using commercially reasonable 325
efforts to verify that a person placing a bet on a sporting 326
event is of the legal minimum age for placing such bet, 327
displaying a hyperlink on its online sports wagering 328
platform to responsible gaming information, allowing 329
individuals to voluntarily exclude themselves from placing 330
bets with the operator through a process established by the 331
Commission, and allowing persons to place limits on their 332
time, deposit, or bet limits in a daily, weekly, or monthly 333
manner; 334
k. Establishing fines, placing licensees on probation, 335
and revoking licenses for violations of this section. The 336
Commission may impose fines upon any person holding, or 337
required to hold, a license or approval under this section 338
or the rules subsequently adopted. Fines shall not exceed 339
$50,000 per violation or $100,000 resulting from violation 340
of the same occurrence of events. The Commission shall 341
promulgate rules relating to procedures for disciplinary 342
hearings, including that any such decision may be appealed 343
to circuit court; 344
1. Establishing a start date for all sports wagering 345
that is not later than December l, 2025. No sports 346
wagering, either retail or mobile, shall be offered in the 347
state before such start date established by the Commission. 348
No category of license shall be given an earlier launch date 349
over any other category of license; and 350
m. Prohibiting all sports wagering activity, including 351
sports wagering promotional and advertising activity, within 352
a sports district, unless approved by the professional 353
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sports team that plays its home games within the district, 354
except such rules shall not prohibit any licensee from 355
offering sports wagering through an online sports wagering 356
platform to persons physically located within a sports 357
district. 358
10. a. Notwithstanding any other provision of law, 359
including Article III Section 39(d), to the contrary, a 360
wagering tax of 10% is imposed on the adjusted gross revenue 361
received from sports wagering conducted by each licensee and 362
each sports wagering operator acting on behalf of a licensee. 363
b. The annual revenues received from such tax shall be 364
appropriated for institutions of elementary, secondary, and 365
higher education in this state; provided, however, that an 366
appropriation to such educational institutions shall be made 367
only after such annual wagering tax revenues are 368
appropriated as follows: 369
(1) to reimburse the reasonable expenses incurred by 370
the Commission to regulate sports wagering in the state to 371
the extent that the Commission has not been fully reimbursed 372
for such expenses from the sports wagering fees collected by 373
the state; and 374
(2) the greater of 10% of such annual tax revenues or 375
$5,000,000 to the Compulsive Gaming Fund. 376
c. Such revenues shall not be included within the 377
definition of "total state revenues" in Section 17 of 378
Article X of this Constitution. 379
d. The state auditor shall perform an annual audit of 380
the revenues received and appropriated pursuant to this 381
section to ensure they are being used only for authorized 382
purposes. The state auditor shall make such audit available 383
to the public, the governor, and the general assembly. 384
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11. A mobile licensee shall maintain in this state, or 385
any other location approved by the Commission and consistent 386
with federal law, the computer server or servers used to 387
receive transmissions of requests to place wagers and that 388
transmit confirmation of acceptance of wagers on sports 389
events placed by customers physically present in this state. 390
12. All wagers authorized under this section must be 391
initiated, made, or otherwise placed by a bettor while 392
physically present within this state. The intermediate 393
routing of electronic data related to lawful intrastate 394
wagers authorized under this section shall not determine the 395
location or locations in which the bet is initiated, 396
transmitted, received, or otherwise made. Each online 397
sports wagering operator shall use commercially reasonable 398
geolocation and geofencing technology to ensure that it 399
accepts bets only from customers who, at the time of placing 400
the bet, are physically present in this state. 401
13. a. An individual wagering in this state shall 402
establish an online sports wagering account with an online 403
sports wagering operator: 404
(1) over the Internet; 405
(2) through an online sports wagering platform; or 406
(3) through other means approved by the Commission. 407
b. An individual wagering in this State shall not 408
register more than one account with each online sports 409
wagering platform. Mobile licensees shall use commercially 410
reasonable means to ensure that each customer is limited to 411
one account per platform. 412
c. Permissible methods of funding and withdrawal for 413
accounts include, but are not limited to, credit cards, 414
debit cards, gift cards, reloadable prepaid cards, free and 415
promotional credit, automated clearing house transfers, 416
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online and mobile payment systems that support online money 417
transfers, and wire transfers. The Commission may approve 418
additional funding and withdrawal methods including, but not 419
limited to, cash deposits at approved locations and secure 420
cryptocurrencies. 421
14. a. A sports wagering operator shall use 422
commercially and technologically reasonable means to ensure 423
marketing and advertisements do not purposefully target 424
individuals who have self-excluded from placing bets on 425
sporting events. 426
b. A sports wagering operator shall employ 427
commercially reasonable methods to ensure that 428
advertisements for sports betting: 429
(1) do not purposefully target minors; 430
(2) are not false, misleading, or deceptive to a 431
reasonable consumer; and 432
(3) clearly and conspicuously disclose the material 433
terms of any promotional offer in the advertisement. Any 434
promotion or advertisement must provide the consumer with 435
the full and complete terms of a promotion by providing a 436
website, or other location, in the promotional 437
advertisement, that directs the viewer to where the full and 438
complete promotional terms can be viewed. This may be 439
satisfied by the promotional advertisement containing a 440
hyperlink that takes the viewer directly to the full and 441
complete offer and terms. 442
15. There is hereby created in the state treasury the 443
"Compulsive Gaming Prevention Fund", which shall consist of 444
taxes and fees collected under this section. The state 445
treasurer shall be custodian of the fund, and he or she 446
shall invest monies in the fund in the same manner as other 447
funds are invested. Any interest and monies earned on such 448
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investments shall be credited to the fund. Notwithstanding 449
any other provision of law to the contrary, any monies 450
remaining in the fund at the end of a biennium shall not 451
revert to the credit of the general revenue fund. The fund 452
shall be a dedicated fund and shall be utilized by the 453
Commission for the purposes of: 454
a. providing counseling and other support services for 455
compulsive and problem gamers; 456
b. developing and implementing problem gaming 457
treatment and prevention programs; and 458
c. providing grants to supporting organizations that 459
provide assistance to compulsive gamers. 460
16. As used in this section the following terms shall 461
mean: 462
a. "Adjusted gross revenue", the total of all cash and 463
cash equivalents received by a licensee from sports wagering 464
minus the total of: 465
(1) All cash and cash equivalents paid out as winnings 466
to sports wagering customers 467
(2) The actual costs paid by a licensee for anything 468
of value provided to and redeemed by customers, including 469
merchandise or services distributed to sports wagering 470
customers to incentivize sports wagering; 471
(3) Voided or cancelled wagers; 472
(4) The costs of free play or promotional credits 473
provided to and redeemed by the applicable licensee's 474
customers, provided that the aggregate amount of such costs 475
of free play or promotional credits that may be deducted 476
under this paragraph in any calendar month shall not exceed 477
twenty-five percent of the total of all cash and cash 478
equivalents received by the applicable licensee for such 479
calendar month; 480
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(5) Any sums paid as a result of any federal tax, 481
including federal excise tax; and 482
(6) Uncollectible sports wagering receivables, not to 483
exceed two percent of the total of all sums, less the amount 484
paid out as winnings to sports wagering customers 485
(7) If the amount of adjusted gross receipts in a 486
calendar month is a negative figure, the licensee shall 487
remit no sports wagering tax for that calendar month. Any 488
negative adjusted gross receipts shall be carried over and 489
calculated as a deduction in the subsequent calendar months 490
until the negative figure has been brought to a zero balance. 491
b. "Commission", means the Missouri Gaming Commission; 492
c. "Excursion gambling boat", means an excursion 493
gambling boat or floating facility as described in Article 494
III, Section 39(e); 495
d. "License", means any retail license or mobile 496
license. 497
e. "Licensee", means the holder of any retail or 498
mobile license. 499
f. "Mobile license", means a license, granted by the 500
Commission, authorizing the licensee to offer sports 501
wagering, through an online sports wagering platform, to 502
individuals physically located in this state. 503
g. "Online sports wagering platform", means an online- 504
enabled application, Internet website, or other electronic 505
or digital technology used to offer, conduct, or operate 506
mobile sports wagering. 507
h. "Professional sports team", means a team located in 508
this state that is a member of [the National Football 509
League,] Major League Baseball, the National Hockey League, 510
the National Basketball Association, Major League Soccer, 511
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the Women's National Basketball Association, or the National 512
Women's Soccer League. 513
i. "Retail license", means a license, granted by the 514
Commission, authorizing the licensee to offer sports 515
wagering in person to individuals at such locations 516
described in paragraphs (b) and (c) of Article III, Section 517
39(g)(2), as applicable. 518
j. "Sports district", means the premises of a facility 519
located in this state with a capacity of 11,500 people or 520
more, at which one or more professional sports teams plays 521
its home games, and the surrounding area within 400 yards of 522
such premises; 523
k. "Sports wagering", means wagering on professional 524
or collegiate athletic, sporting, and other competitive 525
events and awards involving human participants including, 526
but not limited to, esports, or any other events as approved 527
by the Commission. The term sports wagering shall include, 528
but not be limited to, bets or wagers made on: portions of 529
athletic and sporting events or on the individual statistics 530
of professional or collegiate athletes in a sporting event 531
or compilation of sporting events. 532
Sports wagering shall not include: 533
(1) a fantasy sports contest comprising multiple 534
participants competing against one another in which winning 535
outcomes reflect the relative knowledge and skill of the 536
participants and are predominantly determined by the 537
accumulated statistical performance of athletes or 538
individuals. A fantasy sports contest operator shall not 539
qualify as a "participant" for purposes of this section; and 540
(2) wagering on the performance or nonperformance of 541
any individual athlete participating in a single game or 542
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match of a collegiate sporting event in which a collegiate 543
team from this state is a participant; and 544
(3) wagering on youth or high school events. 545
l. "Sports wagering operator", means an entity that 546
offers sports wagering or has been organized for the purpose 547
of offering sports wagering. 548
m. "Tier one sports wager", means a sports wager that 549
is determined solely by the final score or final outcome of 550
the sporting event and is placed before the sporting event 551
has begun. 552
n. "Tier two sports wager", means a sports wager that 553
is not a tier one sports wager. 554
17. Notwithstanding any other provision of law, 555
including Article III, Section 39(9), to the contrary, the 556
general assembly may enact laws consistent with this section. 557
18. All provisions of this section are severable. If 558
any provision of this section is found by a court of 559
competent jurisdiction to be unconstitutional or 560
unconstitutionally enacted, the remaining provisions of this 561
section shall be and remain valid. 562
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