Virginia Code 58.1-4036: Use of official league data.
A. A permit holder may use any data source for determining the result of a tier 1 bet.
Terms Used In Virginia Code 58.1-4036
- Department: means the independent agency responsible for the administration of the Virginia Lottery pursuant to this article and sports betting pursuant to Article 2 (§ Virginia Code 58.1-4002
- Director: means the Director of the Virginia Lottery. See Virginia Code 58.1-4002
- 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 tier 2 bets. See Virginia Code 58.1-4030
- Permit holder: means a person to which the Director issues a permit pursuant to §§ Virginia Code 58.1-4030
- Process: includes subpoenas, the summons and complaint in a civil action, and process in statutory actions. See Virginia Code 1-237
- Professional sports: means an athletic event involving at least two human competitors who receive compensation, in excess of their expenses, for participating in such event. See Virginia Code 58.1-4030
- Sports governing body: includes a designee of the sports governing body. See Virginia Code 58.1-4030
B. A sports governing body may notify the Department that it desires permit holders to use official league data to settle tier 2 bets. A notification under this subsection shall be made according to forms and procedures prescribed 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. If a sports governing body does not notify the Department of its desire to supply official league data, a permit holder may use any data source for determining the result of a tier 2 bet on a professional sports event of the league governed by the sports governing body.
C. Within 60 days after the Director notifies each permit holder as required under subsection B, permit holders shall use only official league data to determine the results of tier 2 bets on professional sports events of the league governed by the sports governing body, unless any of the following apply:
1. 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.
2. A permit holder demonstrates to the Department that the sports governing body has not provided or offered to provide a feed of official league data to such permit holder on commercially reasonable terms, according to criteria identified in subsection D.
D. The Director shall consider the following information in determining whether a sports governing body has provided or offered to provide a feed of official league data on commercially reasonable terms:
1. The availability of a sports governing body’s official league data for tier 2 bets from more than one authorized source;
2. Market information regarding the purchase, in Virginia and in other states, by permit holders of data from all authorized sources;
3. The nature and quantity of the data, including the quality and complexity of the process used for collecting the data; and
4. Any other information the Director deems relevant.
E. During any time period in which the Director is determining whether official league data is available on commercially reasonable terms pursuant to the provisions of subsections C and D, a permit holder may use any data source for determining the results of any tier 2 bets. The Director shall make a determination under subsections C and D 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.