Current Status of Daily Fantasy Sports in the United States – April 25, 2016
Fox Rothschild
Description
Current Status of Daily Fantasy Sports (DFS) in the United States
As Of April 20, 2016
State
1
Alabama
Current Status of DFS (Regulatory Determinations and Legislation)
Alabama Attorney General has opined that DFS is illegal gaming.
Legislation proposed/pending (legalize and regulate DFS).
2
Alaska
3
Arizona
No formal determination on the legality of DFS made by a governmental authority, and DFS operators are
currently conducting busines.
DFS operators are currently not conducting business within the State.
Legislation to legalize DFS has been proposed but has so far been unsuccessful.
4
Arkansas
No formal determination on the legality of DFS made by a governmental authority, and DFS operators are
currently conducting business within the State.
5
California
No formal determination on the legality of DFS made by a governmental authority, and DFS operators are
currently conducting business within the State. However, the California Attorney General is expected to
issue a formal opinion as to the legality of DFS in 2016.
Legislation proposed/pending (licensing, background checks, taxes and consumer protections).
6
Colorado
No formal determination on the legality of DFS made by a governmental authority, and DFS operators are
currently conducting business within the State.
Legislation is being considered to formally regulate DFS (fees and consumer protections).
7
Connecticut
No formal determination on the legality of DFS made by a governmental authority, and DFS operators are
currently conducting business within the State.
Legislation proposed/pending (regulate DFS and tax entry fees).
. Current Status of Daily Fantasy Sports (DFS) in the United States
As Of April 20, 2016
8
Delaware
No formal determination on the legality of DFS made by a governmental authority, and DFS operators are
currently conducting business within the State.
The Delaware Finance Secretary is considering the legality of DFS and will issue an opinion and propose a
recommendation to the Legislature on how to proceed.
9
Florida
No formal determination on the legality of DFS made by a governmental authority. The Florida Attorney
General has stated that DFS should be handled federally. Some DFS operators have ceased operations in the
State, and there is an ongoing federal probe into DFS in the State.
Legislation to legalize DFS has been proposed but has so far been unsuccessful.
10
Georgia
The Georgia Attorney General’s office has opined that DFS is not authorized.
Legislation to legalize DFS has been proposed but has so far been unsuccessful.
11
Hawaii
The Hawaii Attorney General has opined that DFS is illegal gaming. DFS operators are currently not
conducting business within the State.
Conflicting legislation proposed/pending.
12
Idaho
No formal determination on the legality of DFS made by a governmental authority, and DFS operators are
currently conducting business.
13
Illinois
The Illinois Attorney General has opined that DFS is illegal gaming.
Legislation proposed/pending (exempt DFS from gambling prohibitions, licenses, fees, taxes and consumer
protections).
Litigation pending between the State and major DFS operators. 14 Indiana Legislation passed allowing DFS (game of skill, licensing fees, oversight and consumer protections), effective July 1, 2016. . Current Status of Daily Fantasy Sports (DFS) in the United States As Of April 20, 2016 15 Iowa DFS operators are currently not conducting business within the State. Legislation proposed/pending (legalize and regulate DFS, and tax net revenue). 16 Kansas Legislation passed legalizing DFS and excluding fantasy sports from Kansas anti-gambling provisions. 17 Kentucky No formal determination on the legality of DFS made by a governmental authority, and DFS operators are currently conducting business within the State. Legislation proposed/pending (to establish requirements and standards for fantasy contests). 18 Louisiana DFS operators are currently not conducting business within the State. 19 Maine Legislation proposed/pending (legalize DFS and exclude from criminal provisions). No formal determination on the legality of DFS made by a governmental authority, and DFS operators are currently conducting business within the State. 20 Maryland The status of DFS in Maryland is uncertain. Legislation was passed in 2012 exempting fantasy sports from criminal prohibitions, but the Maryland Attorney General questioned whether DFS is encompassed in the legislation and whether the legislation should have been subject to a referendum (as it allegedly expanded commercial gaming in the State). The Maryland Attorney General recommended that the Legislature consider the DFS issue and clarify whether DFS is authorized. Legislation concerning DFS failed to pass in April 2016, and Maryland Senate President Mike Miller suggested that the Maryland Attorney General take action against DFS operators. 21 Massachusetts The Massachusetts Attorney General opined that DFS is legal and proposed regulations (consumer protections). Additional legislation is also pending concerning DFS, and the Massachusetts Gaming Commission has recommended that the State Legislature consider and address DFS. .
Current Status of Daily Fantasy Sports (DFS) in the United States As Of April 20, 2016 22 Michigan The Executive Director of the Michigan Gaming Control Board reportedly opined in the Fall of 2016 that DFS is illegal, but the Board has since softened that stance and indicated that they are still evaluating the legality of DFS under State law. Legislation proposed/pending (exclude DFS from criminal law). 23 Minnesota No formal determination on the legality of DFS made by a governmental authority, and DFS operators are currently conducting business within the State. Legislation proposed/pending (expressly legalize and regulate DFS). 24 Mississippi The Mississippi Attorney General has opined that DFS is illegal gaming under Mississippi law. DFS operators are currently not conducting business within the State. Legislation to legalize and regulate DFS passed the House and Senate on April 19, 2016, and was sent to the Governor for signature. The legislation includes a July 2017 sunset provision, with the intention of studying DFS in the interim and adopting more robust regulations prior to that date. 25 Missouri 26 Montana 27 Nebraska 28 Nevada No formal determination on the legality of DFS made by a governmental authority, and DFS operators are currently conducting business within the State. Legislation proposed/pending (expressly legalize and regulate DFS, consumer protections, registration requirement). DFS operators are currently not conducting business within the State. No formal determination on the legality of DFS made by a governmental authority, and DFS operators are currently conducting business within the State. Legislation proposed/pending (DFS as a game of skill and exclude from criminal law). The Nevada Gaming Control Board opined that DFS constitutes gambling and may only be offered pursuant to a State gaming license. DFS operators are currently not conducting business within the State. .
Current Status of Daily Fantasy Sports (DFS) in the United States As Of April 20, 2016 29 New Hampshire No formal determination on the legality of DFS made by a governmental authority, and DFS operators are currently conducting business within the State. 30 New Jersey No formal determination on the legality of DFS made by a governmental authority, and DFS operators are currently conducting business within the State. In July 2014, the New Jersey Division of Gaming Enforcement promulgated a regulation allowing fantasy sports tournaments, provided they are offered by casino licensees and otherwise meet the requirements of UIGEA. Legislation proposed/pending in regard to DFS (regulate DFS, permits, fees and annual renewal fee based on gross revenue). 31 New Mexico No formal determination on the legality of DFS made by a governmental authority, and DFS operators are currently conducting business within the State. Legislation to expressly legalize DFS and implement consumer protections has been proposed but has so far been unsuccessful. 32 New York The New York Attorney General opined that DFS constitutes gambling and is thus prohibited. DFS operators are currently not conducting business within the State. As a result of pending litigation with major DFS operators, the Attorney General entered into a settlement agreement with the operators in March 2016 in which the operators agreed to suspend cash operations in the State, and the parties agreed to adjourn a pending appeal until September and stay other actions until the appeal was resolved. The DFS operators’ clear goal under the agreement is to legalize DFS in the State by June 30, 2016. Legislation proposed/pending (registration, fees, DFS as a game of skill, consumer protections and tax on gross revenues). 33 North Carolina No formal determination on the legality of DFS made by a governmental authority, and DFS operators are currently conducting business within the State. . Current Status of Daily Fantasy Sports (DFS) in the United States As Of April 20, 2016 34 North Dakota No formal determination on the legality of DFS made by a governmental authority, and DFS operators are currently conducting business within the State. 35 Ohio No formal determination on the legality of DFS made by a governmental authority, and DFS operators are currently conducting business within the State. Legislature has recommended the review of the legality of DFS and the proposal of rules that should govern DFS operations. 36 Oklahoma No formal determination on the legality of DFS made by a governmental authority, and DFS operators are currently conducting business within the State. Legislation to expressly legalize DFS and implement consumer protections, registration and fees has been proposed but has so far been unsuccessful. 37 Oregon No formal determination on the legality of DFS made by a governmental authority, and DFS operators are currently conducting business within the State. 38 Pennsylvania No formal determination on the legality of DFS made by a governmental authority, and DFS operators are currently conducting business within the State. Legislation passed mandating that the Pennsylvania Gaming Control Board address the regulation of fantasy sports in conjunction with existing gaming law, suggest consumer protection measures, outline mechanisms to facilitate the collection of taxes and provide recommendations for further legislative action in regard to DFS. Legislation proposed/pending (expressly legalize and regulate DFS, fees and monthly tax on revenue). 39 Rhode Island Rhode Island Attorney General has opined that DFS is legal within the State, but has encouraged legislation to formally regulate DFS in the State. Legislation proposed/pending (expressly legalize and regulate DFS, registration, fees and consumer protections). . Current Status of Daily Fantasy Sports (DFS) in the United States As Of April 20, 2016 40 South Carolina No formal determination on the legality of DFS made by a governmental authority, and DFS operators are currently conducting business within the State. Legislation proposed/pending (exempt DFS from gambling laws, regulate DFS and consumer protections). 41 South Dakota The South Dakota Attorney General has stated that the current uncertainty as to the legal status of DFS precluded any criminal actions (absent any additional guidance from the State Legislature), but did not rule out pursuing “other alternatives including potential civil remedies.” There is no Legislation pending, and aside from the Attorney General’s comments, there has been no other formal determination on DFS made by a governmental authority, and DFS operators are currently conducting business within the State. 42 Tennessee The Tennessee Attorney General has opined that DFS is illegal gaming under Tennessee law. Legislation to legalize and regulate DFS (licensure, tax on revenues and consumer protections) passed the House and Senate on April 19, 2016, and was sent to the Governor for signature. 43 Texas The Texas Attorney General has opined that DFS is illegal gaming under Texas law. 44 Utah No formal determination on the legality of DFS made by a governmental authority, and DFS operators are currently conducting business within the State. 45 Vermont The Vermont Attorney General’s office has opined that DFS is illegal gaming under Vermont law. Legislation proposed/pending (DFS classified as game of skill and consumer protections). 46 Virginia Legislation passed allowing DFS (registration, registration fees, oversight, consumer protections). . Current Status of Daily Fantasy Sports (DFS) in the United States As Of April 20, 2016 47 Washington DFS operators are currently not conducting business within the State. Conflicting legislation has been proposed: to deem DFS as a felony, and alternatively, to legalize DFS within the State (DFS designated as a game of skill). 48 West Virginia No formal determination on the legality of DFS made by a governmental authority, and DFS operators are currently conducting business within the State. Legislation proposed/pending (legalize all fantasy sports games). 49 Wisconsin No formal determination on the legality of DFS made by a governmental authority, and DFS operators are currently conducting business within the State. Legislation proposed/pending (regulate DFS, registration, fees and consumer protections). 50 Wyoming No formal determination on the legality of DFS made by a governmental authority, and DFS operators are currently conducting business within the State. Nicholas Casiello, Jr. Partner and Chair of Gaming Practice Fox Rothschild LLP ncasiello@foxrothschild.com 609.572.2234 Midtown Building 1301 Atlantic Avenue Suite 400 Atlantic City, NJ 08401-7212 Christian J. Fisher Associate Fox Rothschild LLP cjfisher@foxrothschild.com 609.572.2209 Midtown Building 1301 Atlantic Avenue Suite 400 Atlantic City, NJ 08401-7212 .
Litigation pending between the State and major DFS operators. 14 Indiana Legislation passed allowing DFS (game of skill, licensing fees, oversight and consumer protections), effective July 1, 2016. . Current Status of Daily Fantasy Sports (DFS) in the United States As Of April 20, 2016 15 Iowa DFS operators are currently not conducting business within the State. Legislation proposed/pending (legalize and regulate DFS, and tax net revenue). 16 Kansas Legislation passed legalizing DFS and excluding fantasy sports from Kansas anti-gambling provisions. 17 Kentucky No formal determination on the legality of DFS made by a governmental authority, and DFS operators are currently conducting business within the State. Legislation proposed/pending (to establish requirements and standards for fantasy contests). 18 Louisiana DFS operators are currently not conducting business within the State. 19 Maine Legislation proposed/pending (legalize DFS and exclude from criminal provisions). No formal determination on the legality of DFS made by a governmental authority, and DFS operators are currently conducting business within the State. 20 Maryland The status of DFS in Maryland is uncertain. Legislation was passed in 2012 exempting fantasy sports from criminal prohibitions, but the Maryland Attorney General questioned whether DFS is encompassed in the legislation and whether the legislation should have been subject to a referendum (as it allegedly expanded commercial gaming in the State). The Maryland Attorney General recommended that the Legislature consider the DFS issue and clarify whether DFS is authorized. Legislation concerning DFS failed to pass in April 2016, and Maryland Senate President Mike Miller suggested that the Maryland Attorney General take action against DFS operators. 21 Massachusetts The Massachusetts Attorney General opined that DFS is legal and proposed regulations (consumer protections). Additional legislation is also pending concerning DFS, and the Massachusetts Gaming Commission has recommended that the State Legislature consider and address DFS. .
Current Status of Daily Fantasy Sports (DFS) in the United States As Of April 20, 2016 22 Michigan The Executive Director of the Michigan Gaming Control Board reportedly opined in the Fall of 2016 that DFS is illegal, but the Board has since softened that stance and indicated that they are still evaluating the legality of DFS under State law. Legislation proposed/pending (exclude DFS from criminal law). 23 Minnesota No formal determination on the legality of DFS made by a governmental authority, and DFS operators are currently conducting business within the State. Legislation proposed/pending (expressly legalize and regulate DFS). 24 Mississippi The Mississippi Attorney General has opined that DFS is illegal gaming under Mississippi law. DFS operators are currently not conducting business within the State. Legislation to legalize and regulate DFS passed the House and Senate on April 19, 2016, and was sent to the Governor for signature. The legislation includes a July 2017 sunset provision, with the intention of studying DFS in the interim and adopting more robust regulations prior to that date. 25 Missouri 26 Montana 27 Nebraska 28 Nevada No formal determination on the legality of DFS made by a governmental authority, and DFS operators are currently conducting business within the State. Legislation proposed/pending (expressly legalize and regulate DFS, consumer protections, registration requirement). DFS operators are currently not conducting business within the State. No formal determination on the legality of DFS made by a governmental authority, and DFS operators are currently conducting business within the State. Legislation proposed/pending (DFS as a game of skill and exclude from criminal law). The Nevada Gaming Control Board opined that DFS constitutes gambling and may only be offered pursuant to a State gaming license. DFS operators are currently not conducting business within the State. .
Current Status of Daily Fantasy Sports (DFS) in the United States As Of April 20, 2016 29 New Hampshire No formal determination on the legality of DFS made by a governmental authority, and DFS operators are currently conducting business within the State. 30 New Jersey No formal determination on the legality of DFS made by a governmental authority, and DFS operators are currently conducting business within the State. In July 2014, the New Jersey Division of Gaming Enforcement promulgated a regulation allowing fantasy sports tournaments, provided they are offered by casino licensees and otherwise meet the requirements of UIGEA. Legislation proposed/pending in regard to DFS (regulate DFS, permits, fees and annual renewal fee based on gross revenue). 31 New Mexico No formal determination on the legality of DFS made by a governmental authority, and DFS operators are currently conducting business within the State. Legislation to expressly legalize DFS and implement consumer protections has been proposed but has so far been unsuccessful. 32 New York The New York Attorney General opined that DFS constitutes gambling and is thus prohibited. DFS operators are currently not conducting business within the State. As a result of pending litigation with major DFS operators, the Attorney General entered into a settlement agreement with the operators in March 2016 in which the operators agreed to suspend cash operations in the State, and the parties agreed to adjourn a pending appeal until September and stay other actions until the appeal was resolved. The DFS operators’ clear goal under the agreement is to legalize DFS in the State by June 30, 2016. Legislation proposed/pending (registration, fees, DFS as a game of skill, consumer protections and tax on gross revenues). 33 North Carolina No formal determination on the legality of DFS made by a governmental authority, and DFS operators are currently conducting business within the State. . Current Status of Daily Fantasy Sports (DFS) in the United States As Of April 20, 2016 34 North Dakota No formal determination on the legality of DFS made by a governmental authority, and DFS operators are currently conducting business within the State. 35 Ohio No formal determination on the legality of DFS made by a governmental authority, and DFS operators are currently conducting business within the State. Legislature has recommended the review of the legality of DFS and the proposal of rules that should govern DFS operations. 36 Oklahoma No formal determination on the legality of DFS made by a governmental authority, and DFS operators are currently conducting business within the State. Legislation to expressly legalize DFS and implement consumer protections, registration and fees has been proposed but has so far been unsuccessful. 37 Oregon No formal determination on the legality of DFS made by a governmental authority, and DFS operators are currently conducting business within the State. 38 Pennsylvania No formal determination on the legality of DFS made by a governmental authority, and DFS operators are currently conducting business within the State. Legislation passed mandating that the Pennsylvania Gaming Control Board address the regulation of fantasy sports in conjunction with existing gaming law, suggest consumer protection measures, outline mechanisms to facilitate the collection of taxes and provide recommendations for further legislative action in regard to DFS. Legislation proposed/pending (expressly legalize and regulate DFS, fees and monthly tax on revenue). 39 Rhode Island Rhode Island Attorney General has opined that DFS is legal within the State, but has encouraged legislation to formally regulate DFS in the State. Legislation proposed/pending (expressly legalize and regulate DFS, registration, fees and consumer protections). . Current Status of Daily Fantasy Sports (DFS) in the United States As Of April 20, 2016 40 South Carolina No formal determination on the legality of DFS made by a governmental authority, and DFS operators are currently conducting business within the State. Legislation proposed/pending (exempt DFS from gambling laws, regulate DFS and consumer protections). 41 South Dakota The South Dakota Attorney General has stated that the current uncertainty as to the legal status of DFS precluded any criminal actions (absent any additional guidance from the State Legislature), but did not rule out pursuing “other alternatives including potential civil remedies.” There is no Legislation pending, and aside from the Attorney General’s comments, there has been no other formal determination on DFS made by a governmental authority, and DFS operators are currently conducting business within the State. 42 Tennessee The Tennessee Attorney General has opined that DFS is illegal gaming under Tennessee law. Legislation to legalize and regulate DFS (licensure, tax on revenues and consumer protections) passed the House and Senate on April 19, 2016, and was sent to the Governor for signature. 43 Texas The Texas Attorney General has opined that DFS is illegal gaming under Texas law. 44 Utah No formal determination on the legality of DFS made by a governmental authority, and DFS operators are currently conducting business within the State. 45 Vermont The Vermont Attorney General’s office has opined that DFS is illegal gaming under Vermont law. Legislation proposed/pending (DFS classified as game of skill and consumer protections). 46 Virginia Legislation passed allowing DFS (registration, registration fees, oversight, consumer protections). . Current Status of Daily Fantasy Sports (DFS) in the United States As Of April 20, 2016 47 Washington DFS operators are currently not conducting business within the State. Conflicting legislation has been proposed: to deem DFS as a felony, and alternatively, to legalize DFS within the State (DFS designated as a game of skill). 48 West Virginia No formal determination on the legality of DFS made by a governmental authority, and DFS operators are currently conducting business within the State. Legislation proposed/pending (legalize all fantasy sports games). 49 Wisconsin No formal determination on the legality of DFS made by a governmental authority, and DFS operators are currently conducting business within the State. Legislation proposed/pending (regulate DFS, registration, fees and consumer protections). 50 Wyoming No formal determination on the legality of DFS made by a governmental authority, and DFS operators are currently conducting business within the State. Nicholas Casiello, Jr. Partner and Chair of Gaming Practice Fox Rothschild LLP ncasiello@foxrothschild.com 609.572.2234 Midtown Building 1301 Atlantic Avenue Suite 400 Atlantic City, NJ 08401-7212 Christian J. Fisher Associate Fox Rothschild LLP cjfisher@foxrothschild.com 609.572.2209 Midtown Building 1301 Atlantic Avenue Suite 400 Atlantic City, NJ 08401-7212 .
