Mass. General Laws c.23N § 15

Sports Wagering Control Fund

Updates

• Added by St.2022, c.173, § 5, effective August 10, 2022.
• Amended by St.2022, c.268, § 37, effective November 10, 2022.

Section 15

(a) There shall be established and set up on the books of the commonwealth a separate fund to be known as the Sports Wagering Control Fund. The commission shall be the trustee of the fund and shall expend money to finance the operational activities of the commission pertaining to sports wagering. The fund shall be credited with: (i) any appropriation, bond proceeds or other monies authorized by the general court and specifically designated to be credited thereto; (ii) the proceeds of any fees collected pursuant to this section unless otherwise specified; (iii) fees collected pursuant to sections 7 and 8; (iv) breaks; and (v) such additional funds as are subject to the direction and control of the commission. All available money in the fund that is unexpended at the end of each fiscal year shall not revert to the General Fund and shall be available for expenditure in the subsequent fiscal year and shall not be subject to appropriation. 

(b)  The commission shall establish fees for any investigation into a violation of this chapter or regulation promulgated hereunder by a sports wagering operator to be paid by the sports wagering operator including, but not limited to, billable hours by commission staff involved in the investigation and the costs of services, equipment or other expenses that are incurred by the commission during the investigation.

(c)  Any remaining costs of the commission necessary to maintain regulatory control over sports wagering operators that are not covered by: (i) the fees set forth in subsection (b); (ii) any other fees assessed pursuant to this chapter; or (iii) any other designated sources of funding, shall be annually assessed on sports wagering operators pursuant to this chapter in proportion to each operator’s share of the commonwealth’s total adjusted gross sports wagering receipts. Each operator shall pay the amount assessed against the operator not more than 30 days after the date of the notice of assessment from the commission.

(d)  If the fees collected pursuant to subsections (b) and (c) exceed the cost required to maintain regulatory control, the surplus funds shall be credited in proportional shares against each sports wagering operator’s next assessment.

(e)  The commission shall annually assess and collect a $1,000,000 fee in shares to be determined by the commission against each sports wagering operator that is not a category 1 or category 2 gaming licensee, as defined in section 2 of chapter 23K. The fee collected pursuant to this subsection shall be deposited into the Public Health Trust Fund established in section 58 of said chapter 23K and shall be used for the costs of services and public health programs provided for in said section 58 of said chapter 23K.

Last updated:	November 10, 2022