Blog
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Joe Casole
VP, Legal and Regulatory Affairs
Feb 13, 2024
The debate over the legalization of online casinos in Maryland has reached a pivotal point with the introduction of Senate Bill 603 (SB 603), slated for discussion by the state’s Senate Budget and Taxation Committee on February 28. Sponsored by Sen. Ron Watson in late January, SB 603 proposes a comprehensive framework for the regulation and taxation of online casinos within the state.
Under SB 603, operators seeking to venture into the burgeoning online gaming market would face a tax rate of 47%, with the bulk of the tax revenue allocated to the Blueprint for Maryland’s Future Fund, earmarked for educational funding initiatives. The bill adopts a tethered licensing structure, tethering licenses to the state’s six existing retail video lottery operators, granting each establishment the opportunity to operate two mobile skins.
In addition to video lottery operators, the bill permits up to five internet gaming licenses to be issued to qualified applicants meeting stringent requirements. These applicants must demonstrate a significant presence in Maryland, including a decade-long headquarters residency, substantial employment commitments, and substantial financial investments in the state’s gaming infrastructure. These five internet gaming licenses will be authorized to operate one mobile skin each and each such mobile skin must use a brand associated with the qualified Maryland-based entity for at least one-year. Notably, the Maryland Lottery and Gaming Commission will have discretion to waive the branding requirement after one year of operations.
The rationale behind the tethered licensing approach stems, in part, from concerns regarding potential cannibalization of brick-and-mortar casino revenues. However, a report commissioned by the state lottery suggests that these apprehensions may be overstated, indicating a nuanced understanding of the evolving landscape of gaming preferences and consumption patterns.
Maryland’s current legal framework already permits retail and online sports betting, with in-person casino betting also sanctioned. Embracing legal online casino applications represents a logical progression in the state’s gaming expansion efforts. Nonetheless, the prospect of legislative approval for SB 603 in 2024 remains uncertain, with questions lingering about the political will to endorse such legislation.
The window for legislative action is limited by Maryland’s legislative session, which concludes on April 8, with March 18 serving as the crossover deadline for bills to transition into the opposite chamber. Even if an online casino bill manages to navigate the legislative process successfully, it would still necessitate voter approval in November to be enacted into law, underscoring the significance of public sentiment in shaping the future of gaming regulation in Maryland.
The convergence of these regulatory and legislative dynamics underscores the complexities inherent in navigating the intersection of economic interests, regulatory imperatives, and public sentiment within the realm of gaming policy. As Maryland grapples with the prospect of embracing online casinos, stakeholders across the political, economic, and social spectrum are poised to shape the trajectory of gaming regulation in the state for years to come.