The Regology Regulatory Report is a monthly roundup analyzing gambling legislation in the US.
The majority of legislatures were back in regular session during February with 35 states (70%) active during the month of February 2024. A total number of 208 gambling-related bills went through various stages of the lawmaking process.1
This report will review laws that were recently passed for the month of February in Florida, New York and South Dakota. Out of the many bills that are still in the legislative process, this report will also highlight some of the legislation that passed the body of origin and crossed over to the second body.
Gaming Bills on the Move2
Win, Lose, or Draw: Legislation that Became Law
Horse Racing: New York – This bill would amend the NY Racing, Pari-Mutuel, Wagering and Breeding Law § 334(1) and (2) to delete the requirements for New York sire stakes eligibility for foals “dropped from a mare bred in the State.” Furthermore, the mare would not be required to be microchipped. [AB 8533 (2/7/2024) Became Law].
Lottery: South Dakota – This Act provides that certain personal information of a lottery prize winner may only be used for advertising or promotion with the winner’s consent. [SB 35 (2/20/2024) Became Law].
Heading to the Goal: Cross-Over Bills
Administrative: Arizona – Proposed amendments to various sections of the Arizona Revised Statutes related to racing, boxing, transfer, and gaming commission seeks to establish the Arizona Gaming Commission, which will regulate the location, practice, association, and activities relating to the operation of licensed gaming establishments and the manufacture, sale or distribution of gaming devices. Additionally, the bill proposes the creation of a trust fund for federally recognized Indian tribes with a 2021 gaming compact amendment, and defines various terms related to event wagering. [SB 1575 (2/29/2024) Passed Body of Origin; Transmitted to House; Amended].
Casino: Ohio – Several changes are proposed in this bill regarding occupational regulations to key employees of a casino operator, management company, or holding company. Among the changes to Ohio Admin Code, Sec. 3772.13 are the application fees depending on residency. For applicants who are residents of the state, the fee would not be more than $1,750 and for non-residents, the fee would not be less than $5,000. [HB 238 (2/7/2024) Passed Body of Origin (2/28/2024) Referred to Senate Government Oversight Committee].
Charitable Organizations:
Georgia – The purpose of this bill is to amend and provide for the operation of bingo games by certain nonprofit, tax-exempt organizations and local governments, subject to specific requirements and restrictions. The amendment includes provisions for legislative intent, definitions, issuance of bingo licenses to local governments, prohibited activities and required record keeping for electronic bingo and electronic bingo machines, inspections, removal of defective machines, penalties, rules and regulations, and removal of certain limitations on premises where nonprofit, tax-exempt organizations can hold bingo games. The bill would authorize the use of electronic bingo machines and bingo-based games by licensed local governments at certain locations. Additionally, the amendment changes provisions related to prizes and proceeds of certain bingo games. Code Section 48-14-1 is also amended to revise grant awards to counties licensed to operate bingo games. [SB 543 (2/29/2024) Passed Body of Origin; House-Second Read].
Tennessee – Companion Bills: Amends Tennessee Code Annotated, Title 3, Chapter 17, relative to charitable gaming. The act establishes a five-day period after the effective date of this act during which a nonprofit organization may apply to operate a charitable gaming event during the annual period beginning July 1, 2023, until June 30, 2024.
[HB 1651 (02/26/2024) Passed Body of Origin (2/29/2024) Received from House, Senate Passed on First Consideration; Companion Bill: SB (01/10/2024) Passed on Second Consideration, referred to Senate Commerce and Labor Committee].
College Athletics:
Mississippi – The proposed bill aims to provide student-athletes with greater control over their publicity rights and the ability to earn compensation for the use of those rights, while also regulating the activities of athlete agents and protecting the integrity of intercollegiate athletics programs. [HB 302 (2/16/2024 Referred to Senate Committee on Universities and Colleges].
South Carolina – This bill seeks to enable intercollegiate athletes to earn compensation for the use of their name, image, or likeness while ensuring certain limitations and protections for institutions and athletes. [HB 4957 (2/15/2024) Passed Body of Origin (2/28/2024) Senate Committee on Education reported favorable with amendment].
Lottery:
West Virginia – Proposed changes to the West Virginia Admin Code §46A-9-2 would require the Consumer Protection and Antitrust Division to create and publish a form notice by July 1, 2024 to combat gift card fraud.. The notice would caution the purchaser about gift card scams and instruct what to do if they suspect they might be a victim of a scam. Examples of appropriate notices would include requests related to lotteries, taxes, employment status or utility payments. [HB 5250 (2/9/2024) Passed Body of Origin (2/13/2024) Referred to Senate Judiciary].
Wisconsin – This bill would prohibit certain lottery games and eliminate the requirement for estimating the amounts of prizes and the odds of a particular lottery ticket or lottery share winning each prize when the prize or odds are dependent on the number of participants in the game or drawing. [SB-616 (2/22/2024) Passed Second Body; Received from Assembly amended and concurred; adopted]
Racing:
Arizona – This bill aims to amend and repeal certain sections of the Arizona Revised Statutes related to dog racing. Current law has prohibited live dog racing since December 31, 2016, however, this bill would further eliminate simulcast dog racing in the state on or after December 31, 2028, except for nonprofit organizations that host lure coursing or similar events that test a dog’s ability, stamina, and breeding or training for such events. [SB 1260 (02/21/2024) House Second Read; Amended].
New Hampshire
There are two bills currently in the New Hampshire Legislature that would impact the racing industry in the state. The first proposed law would remove the authority of the lottery commission to license simulcast dog racing. The bill would prohibit the use of any electronic gaming device in connection with the acceptance of wagers on running or harness horse racing, whether live, simulcast, historic, or simulcast dog racing. It also authorizes wagers on historic horse races, whether on an electronic gaming device or otherwise, so long as such wagers meet the requirements set forth in . [SB-363 (02/29/2024) House Ways and Means – Public Hearing 3/11/2024].
A second Senate bill that would govern the process for and designation of unclaimed horse racing ticket and voucher money has crossed over to the House. It would amend NH Rev. Stat. § 284:31 to require every person, association, or corporation conducting a race or race meet to pay to the state treasurer all money collected during the previous year of pari-mutuel pool tickets and vouchers which have not been redeemed. [SB 473 (3/2/2024) House Ways and Means Hearing on 3/11/2024].
West Virginia – This bill would amend and reenact certain sections of §29-22A of the Code of West Virginia, 1931, relating to changes in distribution of racetrack video lottery net terminal income, racetrack video lottery excess net terminal income, and lottery racetrack table games adjusted gross receipts. It would restore distributions to purse funds and development funds that have previously been redirected since 2014 and remove obsolete provisions. [HB 4640 (2/20/2024) Passed Body of Origin; Referred to Senate Finance].
Sports Betting:
Georgia
Two separate proposals have crossed over to the second body regarding sports betting. The first proposal is an amendment to the Constitution of the State of Georgia to authorize the Georgia General Assembly to provide by general law for sports betting in this state. [SR 579 (2/27/2024) Passed Body of Origin; House – Second Read]. The second proposal is a bill that would authorize and provide for the regulation and taxation of sports betting. [SB 386 (02/7/2024) House – 2nd Read].
Mississippi – The Mississippi Mobile Sports Wagering Act would legalize online race book and online sports pool betting in Mississippi. The act requires a platform that operates an online sports pool or online race book to obtain a manufacturer’s and distributor’s license and authorizes licensed gaming establishments to contract with no more than one platform. The platform shall only accept wagers from players located in Mississippi and must contract for geofencing and age verification. The act prohibits play by any person under the age of 21. The act also amends several sections of the Mississippi Code of 1972 to conform to the preceding sections. Gross revenue from a platform operating an online race book or an online sports pool on behalf of the holder of a gaming license shall be subject to the license fees and credits under Sections 75-76-[1]. [HB 774 (02/27/2024) Transmitted to Senate; Referred to Gaming Committee].
Sunset Laws: Tennessee – The Sports Wagering Council was given the authority to regulate online sports wagering and fantasy sports and is set for termination on June 30, 2024.. The proposed bill would amend Tenn. Code 4-29-245(a), 249(a) and 4-49-105 which would extend the Sports Wagering Council to June 30, 2028. [SB 1624 (02/22/2024) Passed Body of Origin (2/26/2024) House Received from Senate; Companion Bill: HB 1767 (1/10/2024) Introduced (02/05/2024) Recommended for pass; Referred to Calendar & Rules Committee].
1Regology database statistics filtered by jurisdiction [US federal/50 states], status [applicable bills only], and time period [February 1 – 29, 2024].
2Bills included in this category are reported “active”, even though the state legislature may have adjourned during this time period. Regology uses the official status reported by each individual state legislature according to their policies and procedures.
