The Regology Regulatory Report is a monthly roundup analyzing gambling legislation in the US.
The month of July is traditionally a slow month for state legislatures, with the majority either adjourned for the year or in recess. There are eight state legislatures currently in session – California, Massachusetts, Michigan, New Jersey, North Carolina, Ohio, Pennsylvania, and Wisconsin. The total number of gambling-related bills dropped to 13 during the month of July 2023. This report will highlight bills that became law and some that have shown movement during this month. In addition, this report includes regulatory changes to regulations that have undergone significant changes.
Hot Topic of the Month: Kentucky Sports Betting Opens in September
Sports Betting; Governor Andy. Beshear recently signed emergency sports betting regulations on Monday, July 10, 2023. According to a Press Release from the Commonwealth of Kentucky Public Protection Cabinet, retail locations are set to open September 7, followed by mobile applications on September 28.
Emergency Regulations 809 KAR 1:002E – 10:008E are effective July 10, 2023, and will expire in 270 days on April 5, 2024, or when replaced by ordinary regulation, whichever comes first. These emergency regulations are scheduled for review by the Administrative Regulation Review Subcommittee at its September 2023 meeting and Statements of Consideration are due by noon on September 15, 2023.
Ordinary Regulations 809 KAR 1:002 – 10:008 are scheduled for review by the Administrative Regulation Review Subcommittee at its October 2023 meeting and Statements of Consideration or a month-to-month extension are due by noon on October 13, 2023.
Gaming Bills on the Move
Win, Lose, or Draw: Recently Passed Legislation
Advance Deposit Wagering: Maine – An Act to amend the definition of “account wagering provider”; changes the percentage of gross advance deposit wagers that must be collected by the advance deposit wagering licensee from 1% to 5% for races conducted both in and outside the State. It provides that, in order to be licensed, a licensee must accept wagers for all live races conducted in this State and make them available for simulcast; a one-time investigation fee, in addition to the application fee, may be required for licensees. It changes the renewal fee from $250 every 5 years to $250 annually. [LD 731 (SP 289) (7/26/2023) Became Law]
Charitable Organizations: Maine – An Act to Update the Gambling Laws to Allow Once-annual Casino Nights for Charitable Purposes or Registered Political Committees [LD 1088 (HP 683) (7/6/2023) Became Law]
Gambling: California – An Act to change the definition of the terms “gambling enterprise employee” and “key employee” to exclude workers with specified duties unrelated to the gambling enterprise, and whose duties are performed only in the areas of the establishment in which gambling is not authorized. [SB-884 (7/13/2023) Became Law]
Horse Racing: Michigan – An Act whereby appropriation is made to pay rewards of not more than $5,000 to a person who provides information that results in the arrest and conviction on a felony or misdemeanor charge for a crime that involves the horse racing industry. [HB 4437 of 2023 (7/31/2023) Became Law]
Sports Betting: Ohio – An Act to allow the three largest counties in Ohio (Cuyahoga, Franklin and Hamilton) to have seven sports-gaming facilities, rather than the five allowed under current law; doubling Ohio’s sports betting tax to 20% in the state’s first year of sportsbook operations. [HB-33 (7/3/2023) Became Law]
On the Clock and In-Play: Movement on Active Bills
Advertising: US Federal – Kids Online Safety Act – requires “duty of care” stipulation for promotion and marketing of gambling products and “default parental tools” to safeguard minors [118 S. 1409 – Kids Online Safety Act (7/27/2023) Body of Origin – referred to Committee on Commerce, Science, and Transportation]
Advertising: Massachusetts – deceptive advertising language amended to include “(1) bonus promotions, (2) same-game parlays, (3) odds boosts, or (4) risk-free, no-sweat, or other free wagers commonly understood to have a similar meaning and utilized to attract a person to patronize a qualified gaming entity.” [SB-182 (7/24/2023] Body of Origin – Joint Hearing Scheduled]
Greyhound Racing: US – amends the Animal Welfare Act to prohibit commercial greyhound racing [118 HR 3894 (7/28/2023) Body of Origin – referred to Subcommittee on Livestock, Dairy and Poultry]
Tribal Gaming: California – allows tribes to sue card rooms to defend their exclusive gaming rights [SB-549 (7/6/2023) 2nd Body – re-referred to Committee on Rules]
