Delaware General Assembly

Passed

The General Assembly has ended, the current status is the final status.

HB 249 w/ HA 1, HA 1 to HA 1, HA 2 + SA 1

6/27/17

Potter

This amendment clarifies that no operator may operate, promote, or advertise any interactive fantasy sports contests to persons in Delaware until after final regulations have been promulgated and the operator has been registered by the Director of the State Lottery Office. It removes references to “tax” or “taxes” and replaces these terms with “fees.” The amendment clarifies that the Director may audit the books and records of an interactive fantasy sports operator or registrant. Lastly, the amendment changes the annual amount operators and registrants of fantasy sports contest must pay, from fifteen percent to twenty percent of gross revenue generated. This Amendment states clearly that registrants under the Act are limited to providing only interactive fantasy sports contests and does not grant the right to offer other games or contests in the state subject to other licensure procedures such as casino operations, pari-mutual horse racing, or other activities authorized by the legislature in the future outside of this Act. The amendment also removes reference to the Delaware Lottery as the regulator and provides for the appointment of a regulator by the Governor within 120 days of enactment. However, this amendment provides for a sunset of the tax and fee provisions after two years and for the Department of Revenue to make recommendations for changes to increase or decrease the tax and fee structure for purposes of reauthorization.

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