Amendment ID: S2844-59

Amendment 59

Official League Data

Mr. Crighton moves that the proposed new text be amended by adding the following section:- 

"SECTION XX. Sports wagering operators are not required to use official league data for determining: (i) the results sports wagers on events of any organization whether headquartered in the United States or elsewhere; or (ii) the results sports wagers on events of organizations that are not headquartered in the United States.

A sports governing body may notify the Massachusetts Gaming Commission that it desires sports wagering operators to use official league data to settle sports wagers on covered sporting events of such sports governing body. Such notification shall be made in the form and manner as the Massachusetts Gaming Commission may require. The Massachusetts Gaming Commission shall notify each sports wagering operator of a sports governing body’s notification within 5 days of the Massachusetts Gaming Commission’s receipt of such notification. If a sports governing body does not so notify the Massachusetts Gaming Commission a sports wagering operator is not required to use official league data for determining the results of sports wagers on covered sporting events of such sports governing body.

Within 60 days of the Massachusetts Gaming Commission notifying each sports wagering operator of such a sports governing body notification to the Massachusetts Gaming Commission (or such longer period as may be agreed between the sports governing body and the applicable sports wagering operator), sports wagering operators shall use only official league data to determine the results of sports wagers on covered sporting events of that sports governing body, unless:

(a) the sports governing body or its designee(s) cannot provide a feed of official league data to determine the results of a particular sports wager, in which case sports wagering operators are not required to use official league data for determining the results of the sports wager until such time as such a data feed becomes available from the sports governing body on commercially reasonable terms and conditions; or

(b) a sports wagering operator can demonstrate to the Massachusetts Gaming Commission that the sports governing body or its designee(s) will not provide a feed of official league data to the sports wagering operator on commercially reasonable terms and conditions.

(c) The sports governing body or its designee(s) does not obtain a license from the [regulatory body] to provide official league data to sports wagering operators to determine the results of tier two sports wagers, if and to the extent required by law.

The following is a non-exclusive list of factors the Massachusetts Gaming Commission may consider in evaluating whether official league data is being offered on commercially reasonable terms and conditions for purposes of subsections (a) and (b) above:

(i) The extent to which sports wagering operators have purchased the same or similar official league data on the same or similar terms, particularly in jurisdictions where such purchase was not required by law (or was required by law, but only if offered on commercially reasonable terms);

(ii) The nature and quantity of the official league data (including, without limitation, its speed, accuracy, reliability, and overall quality) as compared to comparable non-official data;

(iii) The quality and complexity of the process used to collect and distribute the official league data as compared to comparable non-official data;

(iv) The availability of a sports governing body’s tier two official league data to a sports wagering operator from more than one authorized source;

(v) Market information (including without limitation price and other terms and conditions) regarding the purchase by sports wagering operators of comparable data for the purpose of settling sports wagers in this state and other jurisdictions; and

(vi) The extent to which sports governing bodies or their designees have made data used to settle tier two sports wagers available to sports wagering operators and any terms and conditions relating to the use of that data;

Notwithstanding anything set forth to the contrary herein, including without limitation subsection 10, during the pendency of the Massachusetts Gaming Commission’s determination as to whether a sports governing body or its designee(s) will provide a feed of official league data on commercially reasonable terms, a sports wagering operator is not required to use official league data for determining the results of sports wagers. The Massachusetts Gaming Commission’s determination shall be made within 60 days of the sports wagering operator notifying the Massachusetts Gaming Commission that it desires to demonstrate that the sports governing body or its designee(s) will not provide a feed of official league data to the sports wagering operator on commercially reasonable terms."