2026 -- S 2677 | |
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LC005608 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2026 | |
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A N A C T | |
RELATING TO THE UTGR MASTER CONTRACT AND THE TWIN RIVER -- TIVERTON | |
MASTER CONTRACT -- CONSOLIDATED MARKETING PROGRAM | |
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Introduced By: Senators Burke, Ciccone, Lawson, and DiPalma | |
Date Introduced: February 27, 2026 | |
Referred To: Senate Finance | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Except to the extent amended by this act, the terms, conditions, provisions |
2 | and definitions of Chapter 322 and 323 of the Public Laws of 2005, Chapter 16 of the Public Laws |
3 | of 2010, Chapter 151, Article 25 of the Public Laws of 2011, Chapters 289 and 290 of the Public |
4 | Laws of 2012, Chapter 145, Article 13 of the Public Laws of 2014, Chapter 141, Article 11, |
5 | Sections 16 -- 22 of the Public Laws of 2015, and Chapters 005 and 006 of the Public Laws of |
6 | 2016, Chapter 302, Article 8, Sections 4-6 of the Public Laws of 2017, and Chapters 41 and 42 of |
7 | the Public Laws of 2021 (in each case as the more recent law may have amended an earlier law or |
8 | laws), are hereby incorporated herein by reference and shall remain in full force and effect. |
9 | SECTION 2. Definitions. For the purposes of this act, the following terms shall have the |
10 | following meanings, and to the extent that such terms are otherwise defined in any provision of the |
11 | general or public laws, for purposes of this act, those terms are hereby amended to read as follows: |
12 | (1) “Adjustment Amount” means the percentage increase in the consumer price index (CPI) |
13 | as reported by the Bureau of Labor Statistics (or any successor index that replaces it) as determined |
14 | on an Adjustment Date by multiplying: |
15 | (i) The original marketing cap amount specified in the Consolidated Marketing Program |
16 | prior to any Adjustment Amount; and |
17 | (ii) The fraction: |
18 | (A) The numerator of which is the CPI published for the month immediately preceding the |
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1 | Adjustment Date; and |
2 | (B) The denominator of which is the CPI value published for the month of June, 2025. |
3 | (2) “Adjustment Date” means the first date of each Marketing Year. |
4 | (3) “Consolidated Marketing Program” means that Consolidated Marketing Program |
5 | authorized in this act. |
6 | (4) “Consolidated Master Contract” means the UTGR Master Contract and the Twin River- |
7 | Tiverton Master Contract as amended, restated, and consolidated pursuant to the terms set forth in |
8 | this act. |
9 | (5) “Division” means the state lottery division of the department of revenue and/or any |
10 | successor in interest thereto. |
11 | (6) “Division Percentage” means for any Marketing Year, the Division’s percentage of net |
12 | terminal income derived from video lottery terminals located at the Tiverton Facility and the |
13 | Lincoln Facility, as set forth in § 42-61.2-7. |
14 | (7) “Lincoln Facility” means the Bally’s Twin River Lincoln Casino Resort located at 100 |
15 | Twin River Road, Lincoln, Rhode Island. |
16 | (8) “Marketing Cap” means an amount equal to the Division Percentage multiplied by |
17 | twenty-seven million two hundred and fifty thousand dollars ($27,250,000), and increased annually |
18 | on the Adjustment Date by the Adjustment Amount. |
19 | (9) “Marketing Program” means, as to UTGR, that marketing program set forth in Chapter |
20 | 16, Section 4(a)(iii) of Part A, of the Public Laws of 2010, as amended by Chapter 151, Article 25, |
21 | Section 8 of the Public Laws of 2011, and as amended by Chapter 145, Article 13, Section 5 of the |
22 | Public Laws of 2014, and as amended by Chapters 005 and 006 of the Public Laws of 2016. As to |
23 | Twin River-Tiverton, “Marketing Program” means that marketing program set forth in Chapter 16, |
24 | Section 4(a)(iii) of Part B of the Public Laws of 2010, as amended by Chapter 151, Article 25, |
25 | Section 8 of the Public Laws of 2011, and as amended by Chapters 005 and 006 of the Public Laws |
26 | of 2016. |
27 | (10) “Marketing Year” means the fiscal year of the state. |
28 | (11) “Tiverton Facility” means the Bally’s Tiverton Casino & Hotel located at 777 Tiverton |
29 | Casino Boulevard, Tiverton, Rhode Island. |
30 | (12) “Twin River-Tiverton” means Twin River-Tiverton, LLC and its permitted successors |
31 | and assigns under the Twin River-Tiverton Master Contract, as amended, restated, and consolidated |
32 | pursuant to this act. |
33 | (13) “UTGR” means UTGR, LLC, and its permitted successors and assigns under the |
34 | UTGR Master Contract, as amended, restated, and consolidated pursuant to this act. |
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1 | SECTION 3. Authorized procurement of Consolidated Master Contract. Notwithstanding |
2 | any provisions of the General Laws of the state or regulations adopted thereunder to the contrary, |
3 | within ninety (90) days of the enactment of this act, the Division is hereby authorized and |
4 | empowered to enter into an amended, restated, and consolidated contract (the “Consolidated Master |
5 | Contract”) among the Division, UTGR, and Twin River-Tiverton, which shall amend, restate, and |
6 | consolidate the UTGR Master Contract and the Twin River-Tiverton Master Contract, and which |
7 | shall: |
8 | (1) Consolidate the Marketing Program applicable to UTGR and the Marketing Program |
9 | applicable to Twin River-Tiverton into the Consolidated Marketing Program, which shall be |
10 | monitored by the Division; and shall further provide that the marketing expenditures incurred by |
11 | UTGR and Twin River-Tiverton, collectively, and not each individually, will be reimbursed by the |
12 | Division in accordance with the following terms: |
13 | (i) For each Marketing Year, the Division shall pay UTGR an amount equal to the product |
14 | of the Division Percentage multiplied by the total combined marketing expenditures of UTGR and |
15 | Twin River-Tiverton; provided, however, that the total amount payable by the Division for each |
16 | Marketing Year pursuant to this section shall not exceed the Marketing Cap, as adjusted annually |
17 | on the Adjustment Date; |
18 | (ii) Provided, however, that in any partial Marketing Year, the total amount payable by the |
19 | Division shall be capped at the amount equal to the Marketing Cap multiplied by a fraction: |
20 | (A) The numerator of which is the number of days in any partial marketing year; and |
21 | (B) The denominator of which is three hundred sixty-five (365); and |
22 | (iii) Any amounts related to the Consolidated Marketing Program payable by the Division |
23 | shall be paid on a frequency agreed by the Division (but no less frequently than annually) out of |
24 | that share of net terminal income disbursed pursuant to § 42-61.2-7. |
25 | (2) The foregoing supersedes and replaces any law applicable to the Tiverton Facility or |
26 | the Lincoln Facility relating to the Marketing Program pertaining to such facility. |
27 | (3) The UTGR Master Contract and the Twin River-Tiverton Master Contract, as amended |
28 | and restated and as consolidated into the Consolidated Master Contract pursuant to this act, shall |
29 | remain in full force and effect. If there is a conflict between any provision of the Consolidated |
30 | Master Contract and this act, the provisions of this act control. |
31 | SECTION 4. The Supplementary Promotional Points Program applicable to Twin River, |
32 | which is in addition to the Initial Promotional Points Program, shall be amended so that UTGR |
33 | may distribute to customers and prospective customers Promotional Points of up to but not more |
34 | than sixteen percent (16%) of Twin River net terminal income for the Prior Marketing Year. For |
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1 | avoidance of doubt, as a result of the foregoing amendment, the approved amount of Promotional |
2 | Points that may be distributed by UTGR pursuant to the Initial and Supplementary Promotional |
3 | Points Programs, in the aggregate, may be up to but not more than twenty percent (20%) of the |
4 | average of the prior three (3) years of Twin River net terminal income, plus an additional seven |
5 | hundred fifty thousand dollars ($750,000), subject however, to subsections (a)(3) and (a)(4) below, |
6 | and beginning on the first date following the Prior Marketing Year, beginning 2027 and each |
7 | subsequent year thereafter, the distributive amount of Promotional Points shall be adjusted annually |
8 | for inflation, indexed to the Consumer Price Index for All Urban Consumers (CPI-U), U.S. City |
9 | Average, as published by the United States Bureau of Labor Statistics. The terms and conditions |
10 | of the Initial and Supplementary Promotional Points Programs applicable to Twin River shall be |
11 | established from time to time by the Division, and such terms and conditions shall include, without |
12 | limitation, a state fiscal-year audit of the program, the cost of which audit shall be borne by UTGR. |
13 | SECTION 5. This act shall take effect upon passage. |
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LC005608 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO THE UTGR MASTER CONTRACT AND THE TWIN RIVER -- TIVERTON | |
MASTER CONTRACT -- CONSOLIDATED MARKETING PROGRAM | |
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1 | This act would restate the UTGR Master Contract and the Twin River-Tiverton Master |
2 | Contract and would consolidate the marketing program of each into the Consolidated Marketing |
3 | Program. |
4 | This act would take effect upon passage. |
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LC005608 | |
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