Sec. 10a.
(1) Except as provided in subsection (2), a sports betting operator may use any data source for determining the results of all tier 2 sports bets.
(2) A sports governing body headquartered in the United States may notify the board that it desires sports betting operators to use official league data to settle tier 2 sports bets under this act. A notification under this subsection must be made in the form and manner as the board may require. The board shall notify each sports betting operator of the sports governing body's notification within 5 days after the board's receipt of the notification. If a sports governing body does not notify the board of its desire to supply official league data, a sports betting operator may use any data source approved by the board for determining the results of any tier 2 sports bets on athletic events of that sports governing body.
(3) Within 60 days after the board notifying each sports betting operator of a sports governing body notification to the board under subsection (2), sports betting operators shall use only official league data to determine the results of tier 2 sports bets as described in this act on athletic events sanctioned by that sports governing body unless any of the following apply:
(a) The sports governing body or designee cannot provide a feed of official league data to determine the results of a particular type of tier 2 sports bet as described in this act, in which case sports betting operators may use any data source approved by the board for determining the results of the applicable tier 2 sports bet until the data feed becomes available on commercially reasonable terms.
(b) A sports betting operator can demonstrate to the board that the sports governing body or its designee will not provide a feed of official league data to the sports betting operator on commercially reasonable terms. The following is a nonexclusive list of other factors the board may consider in evaluating whether official league data is being offered on commercially reasonable terms:
(i) The availability of a sports governing body's tier 2 sports bet official league data to a sports betting operator from more than 1 authorized source.
(ii) Market information regarding the purchase by operators of data from any authorized source including sports governing bodies or their designees for the purpose of settling sports wagers, for use in this state or other jurisdictions.
(iii) The nature and quantity of data, including the quality and complexity of the process used for collecting the data.
(iv) The extent to which sports governing bodies or their designees have made data used to settle tier 2 sports bets available to operators.
(c) The sports governing body or other designee does not obtain a sports betting supplier license to the extent required by law or other approval as required by the board.
(4) While the board is determining whether official league data is commercially reasonable under subsection (3), a sports betting operator may use any data source approved by the board for determining the results of any tier 2 sports bets. The board shall make a determination under subsection (3) within 120 days after the sports betting operator notifies the board that it desires to demonstrate that the sports governing body or its designee will not provide a feed of official league data to the operator on commercially reasonable terms.
History: 2019, Act 149, Imd. Eff. Dec. 20, 2019