April 9, 2019

Sports Wagering: 2019 State-By-State Guide

Holland & Knight Native American Law Blog
Randolph DelFranco

In 2018, the U.S. Supreme Court's ruling in Murphy v. National Collegiate Athletic Association allowed Congress to regulate sports wagering directly. If Congress fails to act, the authority to regulate sports wagering is delegated to the states. In the absence of federal congressional action, most states have introduced, and some have passed, legislation that legalizes sports wagering within their borders. A handful of states have introduced legislation directly impacts tribal governments who already possess gaming compacts with the state.

Map of Sports Wagering State-by-State
Map of Sports Wagering State-by-State

Sports Wagering Legalized and/or Operational

* Tribal Government Operation of Sports Wagering
+ Regulations Acknowledge Tribal Government Operation of Sports Wagering 

State

Status

Arkansas

In November 2018, Arkansas passed a constitutional amendment (Issue 4) to legalize sports wagering at four sites in the state. Gaming activity is regulated by the Arkansas Racing Commission.

Delaware

In June 2018, Delaware legalized full-scale sports wagering at all three casinos in the state. Gaming activity is regulated by the Delaware State Lottery Office.

Mississippi*

In 2017, Mississippi legalized sports wagering (HB 967). In June 2018, the Mississippi Gaming Commission adopted regulations regarding sports wagering and licensed gaming operators can now apply for a license to offer sports wagering. The Mississippi Band of Choctaw Indians was the first tribe to open sports wagering operations. In 2019, the Mississippi state legislature introduced HB 1481/SB 2667 to legalize online/mobile gaming. However, the measure failed. 

New Jersey

In 2018, New Jersey legalized sports wagering (AB 4111). The bill permits both in-person and online sports wagering. Gaming is regulated by the New Jersey Division of Gaming Enforcement.

New Mexico*

New Mexico has not officially passed legislation legalizing sports wagering. However, the Santa Ana Star Casino & Hotel, owned and operated by the Pueblo of Santa Ana, is currently the only New Mexico casino with sports betting pursuant the state-tribal Class III gaming compact, which authorizes sport betting. In 2019, the New Mexico state legislature introduced H 441, to prohibit video lottery games, mobile phone games, and any type of sports betting or betting on other real events, among other priorities.

New York

In June 2013, New York legalized sports wagering was permitted at four casinos (SB S5883). In 2019, the New York State Gaming Commission approved sports wagering rules for four casinos, but has not completed regulations on mobile betting. The New York state legislature also introduced four bills relating to sports wagering: AB A6113, SB S17, relating to regulation of sports betting and mobile sports wagering in New York; AB A1339, to establish the legislative task force on online sports betting, and AB A3294, to establish a task force on mobile sports wagering for the purpose of conducting certain hearings regarding mobile sports wagering and reporting its finding to the governor and the legislature.

Nevada

Sports wagering has long been legal in Nevada as the Professional and Amateur Sports Protection Act (28 U.S.C. Ch. 178 § 3701 et seq.) contained an exception for the state.

Pennsylvania

In 2017, Pennsylvania legalized sports betting (HB 271) in anticipation of the Supreme Court ruling. The act permits both in-person and online sports wagering. Gaming is regulated by the Pennsylvania Gaming Control Board.

Rhode Island+

In 2018, Rhode Island legalized sports wagering in two casinos – Twin Rivers casinos in Lincoln and Tiverton – as a part of its 2019 budget process (S7200A). The legislation acknowledges that under the Indian Gaming Regulatory Act, Class III gaming includes sports wagering. In 2019, the Rhode Island state legislature introduced S 37, to authorize and provide for online sports wagering through authorized hosting facilities in Rhode Island. The bill has passed both the House and Senate. The bill passed the Senate and is awaiting consideration in the House.

West Virginia

In March 2018, West Virginia legalized sports wagering (SB 415) in anticipation of the Supreme Court ruling. The act permits both in-person and online sports wagering. In July 2018, the West Virginia Lottery Commission adopted regulations regarding sports wagering in the state.

 

Sports Wagering Illegal, But Legislation Introduced to Legalize
*Legislation Acknowledges Tribal Government Operation of Sports Wagering

 

State

Status

Arizona*

In 2019, the Arizona state legislature introduced SB 1158, to allow the state's gaming tribes to offer land-based sports betting within their casinos. After SB 1158 stalled in the Commerce Committee, SB 1163 was introduced to offer tribal governments full exclusivity to offer sports wagering on and off-Reservation and encourages tribes to partner with private and commercial outlets. Arizona currently has 16 federally- recognized tribes which operate a total of 24 gambling facilities across the state. The Arizona Department of Gaming will oversee the industry.

California*

A proposed constitutional amendment will be on the November 2020 ballot to authorize the California state legislature to legalize sports wagering (California Sports Wagering Initiative, No. 18-0003). The petition authorizes sports wagering on tribal lands and prohibits the Governor from approving gaming on newly acquired off-Reservation tribal lands and negotiating gaming compacts with non-federally recognized tribes.

Connecticut

In 2019, the State Legislature introduced S 665, to establish competitive sports wagering on certain sporting events; and S 17, to authorize sports wagering, internet gaming, and internet keno. To date, debates over tribal exclusivity to operate sports wagering have not been resolved.

Hawaii

In 2019, the State Legislature introduced H 1107, to create the Hawaii Sports Wagering Corporation. The new agency will regulate and operate the Hawaiian sports betting industry.

Illinois

In 2019, the State Legislature introduced S 176, the Sports Wagering Act, to legalize sports wagering.

Indiana

In 2019, the State Legislature introduced three bills: H 1363/S 439/S 552, to authorize sports wagering at riverboats, racinos, and satellite facilities.

Iowa

In 2019, the State Legislature introduced 8 bills to legalize sports betting: H 101, H 102, H 103, H 124, H 198, S 1079, S 1080, S 1081, S 1100, and S 1168. S. 1168 passed the Senate and H 198 has passed out of the subcommittee and is now before the House State Government committee.

Kansas*

In 2019, the State Legislature introduced 3 bills to legalize sports betting: HB 2032, to require that sports gaming be operated and managed solely by racetrack gaming facilities; and HB 2068/S 23, to create the Kansas sports wagering act. HB 2068/S 23 acknowledges the authority of Kansas tribes to operate sports wagering as a prospective lottery gaming facility manager.

Kentucky

In 2019, the State Legislature introduced 5 bills to legalize sports betting: HB 12, to institute a sports wagering system by the Kentucky Lottery Corporation; HB 171, to remove games in which the winners are determined by the outcome of a sports contest from the list of games that the Kentucky Lottery Corporation is prohibited from approving or operating; HB 175, to establish a wagering administration to conduct an annual audit of fantasy contest registrants, and more; HB 190, to describe the duties of the county clerk and sheriff in casino gaming local option election, establish initial licensing fees, and more; and S 23, to establish the Kentucky Gaming Commission, and more.

Louisiana

Legislators are expected to take up legislation in April 2019 to legalize sports wagering. However, no bill has been introduced as of yet. In 2018, the Louisiana state legislation introduced SB 266, to legalize sports betting Harrah's casino in New Orleans and at each of the state's 15 floating casinos, but the bill was opposed by the Senate Finance Committee by a vote of 6-3.

Maine

In 2019, the State Legislature introduced SB 553, to ensure proper oversight of sports betting in the state.

Maryland

In 2019, the State Legislature introduced H 1132, to expand the state lottery program to include sports betting.

Massachusetts

In 2019, the State Legislature introduced 6 bills: HD 2628, HD 2629, SD 903, SD 1110, H 68, S 882, relating to sports wagering, economic development, and emerging technologies.

Michigan

During the State Legislature's 2018 lame-duck session, Michigan lawmakers passed HB 4926, which brings the state closer to legalizing sports wagering. The bill authorizes online wagers on any amateur or professional sporting event but not in-person betting. It is expected that it will take at least one year for the newly establish the Division of Internet Gaming within Michigan's Gaming Control Board. Under the bill, the Gaming Control Board would be responsible for issuing internet gaming licenses which would allow casinos to receive wagers online, including sports wagers, if the Gaming Control Board legalizes sports betting.

Minnesota*

In 2019, the State Legislature introduced the Safe and Regulated Sports Gambling Act of 2019 to authorize sports wagering exclusively in tribal casinos. The bill establishes a five-member Minnesota Sports Wagering Commission to promulgate rules and regulations. Although the bill passed out of Committee in the Senate, the bill is expected to die because of tribal government opposition to the measure.

Missouri

In 2019, the State Legislature introduced 7 bills related to sports wagering: HB 119, to enact 14 new provisions relating to sports wagering; HB 859, to enact 14 new provisions relating to sports wagering on sporting events on excursion gambling boats; SB 44, to modify several provisions relating to sports wagering on certain games; SB 187, to modify provisions relating to gaming and reducing the top income tax rate; SB 195, to allow sports wagering and sports lottery games; SB 222, to authorize sports wagering; and SB 327, to modify several provisions relating to gaming, the Missouri Video Lottery Control Act.

Montana

In 2019, the State Legislature introduced 2 bills related to sports wagering: HB 475, to allow parimutuel sports betting under the board of horseracing; and SB 25, to generally revise gambling laws.

North Carolina*

In 2019, the State Legislature introduced SB 154, to enable wagering on sporting events on tribal lands in accordance with the federal Indian Gaming Regulatory Act.

North Dakota

In 2019, the State Legislature introduced two bills: H 1254 and H 1295, to authorize sports betting. 

New Hampshire

In 2019, the State Legislature introduced 2 bills: H 480, to establish a system within the lottery commission for sports betting; and S 310, an act relative to casino gambling.

Ohio

In 2019, the State Legislature introduced S 316, to legalize sports betting.

Oklahoma*

In 2018, a bill legalizing the inclusion of sports wagering in existing compacts between tribes and the state was introduced to the State Legislature (HB 3375). The wording relating to sports wagering was later removed from the bill. No bills have been introduced in 2019.

Oregon

In 1989, Oregon allowed some forms of sports wagering (HB 3262) by giving the Oregon State Lottery Commission authority to operate games allowing the public to bet on the outcome of NFL football games (1989) and later on Scoreboard, a game based on the outcome of professional football (2003). Because the state permitted sports pools before the Professional and Amateur Sports Protection Act was enacted, the state was exempted from the Act. However, in 2005 the Oregon legislature passed a bill (HB 3466) that banned such sports wagering effective as of July 1, 2007.

In 2019, the Oregon state legislature introduced H 2288, which requires a percentage of net lottery proceeds from sports betting be applied against unfunded actuarial liability of Public Employees Retirement System.

South Carolina

In 2019, the State Legislature introduced 3 bills: H 3409/S 57, a joint resolution proposing an amendment to the constitution of South Carolina to legalize sports betting; and S 71, a joint resolution to create the gambling study committee.

South Dakota

In 2019, the State Legislature introduce SJR 2, a joint resolution proposing a constitutional amendment to authorize sports betting.

Tennessee

In 2019, the State Legislature introduced 4 bills: H 1/S 16, the Tennessee Sports Gaming Act; and H 666/S 1055, relating to sports wagering.

Texas

In 2019, the State Legislature introduced H 1275, to regulate sports betting.

Vermont

In 2019, the State Legislature introduced S 59, to create the Sports Betting Study Commission.

Virginia

In 2019, the State Legislature introduced 8 bills including H 1638, to legalize sports betting, H 1890, relating to the regulation of casino gaming by the Virginia Lottery Board; H 2210; and H 2321, to establish the Gaming Study Commission; along with several additional bills (H 2536; S 1126; S 1238; S 1356).

Washington*

Sports wagering is illegal in the state of Washington, with the narrow exception for "100-square sports pool boards." In 2019, the State Legislature introduced two bills H 1975, to authorize sport wagering subject to the terms of tribal-state gaming compacts and H 1992

Washington, D.C.

In December 2018, the DC City Council enacted the Sports Wagering Lotter Amendment Act of 2018 (B22-0944). Although the Mayor signed the bill into law, it must go to Congress for a review period.

 

Sports Wagering Illegal, No Current Legislative Effort to Legalize

 


Alabama, Colorado, Florida, Georgia, Idaho, Nebraska, Utah, Wisconsin and Wyoming

Sports wagering is illegal under state law and there is currently no proposed legislation to legalize it in these states. Although these states have not legalized sports wagering, tribes with Class III gaming compacts that do not exclude sports wagering may consider implementing sports wagering at their casinos.

For more information or specific questions about sports wagering legislation in your state, contact Randolph DelFranco or another member of Holland & Knight's Native American Law Group.

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