Original Section(s)

11 VAC 5-70-190 Use of Official League Data.

GLI Recommendations

11 VAC 5-70-190.A

A permit holder shall report to the Director the data source that they use to resolve sports wagers. The Director may disapprove of the alternate data source for any reason, including but not limited to, the type of wager and method of data collection. In this section, “official league data” means statistics, results, outcomes, and other data relating to a professional sports event obtained by a permit holder under an agreement with a sports governing body or with an entity expressly authorized by a sports governing body for determining the outcome of a bet placed after the sporting event has started.

GLI recommends moving definition to 11 VAC 5-70-10 and replacing 11 VAC 5-70-190.A with text for alternate data sources as seen in other markets.

GLI also recommends adding from § 58.1-4034.H and § 58.1-4036.

11 VAC 5-70-190.B

A permit holder may use any data source for determining the result of a tier 1 bet. Unless a sports governing body, pursuant to this section, has requested that permit holders use official league data to settle tier 2 bets, a permit holder may also use any data source for determining the result of a wager. A permit holder shall not purchase or use any personal biometric data unless the permit holder has received written permission from the athlete's exclusive bargaining representative.

11 VAC 5-70-190.C

A sports governing body may submit a request to the Director to require permit holders to use official league data to settle those tier 2 bets placed after a sporting event has started.

11 VAC 5-70-190.D

A sports governing body may submit a request under subsection C. only in the form and format required by the Director. The Director shall notify each permit holder of the sports governing body's notification within five days after the Department's receipt of the notification.

11 VAC 5-70-190.E

Within 60 days after notification from the Director to do so, permit holders shall use only official league data to determine the results of tier 2 bets placed after a sporting event has started on professional sports events of the league governed by the sports governing body

11 VAC 5-70-190.F

Subsection E. shall not apply if:

1.      The sports governing body is unable to provide, on commercially reasonable terms as determined by the Director, a feed of official league data; or

2.      The sports governing body is unable to provide a feed, on commercially reasonable terms, of official league data to determine the results of a tier 2 bets, in which case permit holders may use any data source for determining the results of tier 2 bets until the data feed becomes available on commercially reasonable terms.

3.      A permit holder demonstrates to the Director that a sports governing body has not provided or offered to provide a feed of official league data to the permit holder on commercially reasonable terms, by providing the Director with sufficient information to show:

a.      The availability of a sports governing body's official league data for such bets from more than one authorized source;

b.      Market information regarding the purchase, in Virginia and in other states, by permit holders of data from all authorized sources;

c.      The nature and quantity of the data, including the quality and complexity of the process used for collecting the data; and

d.      Any other information the Director requires.

11 VAC 5-70-190.G

While the Director is considering whether official league data is available on commercially reasonable terms pursuant to this section, a permit holder may use any data source for determining the results of tier 2 bets placed after a sporting event has started. The Director shall make a determination under subdivision E and F within 120 days after a permit holder notifies the Department that it desires to demonstrate that a sports governing body has not provided or offered to provide a feed of official league data to the permit holder on commercially reasonable terms.