Fantasy Sports Contest Legislation Tracker



Last modified: February 14, 2017

Click the title of each column to sort the table by that column.

Disclaimer: The list of states introducing legislation and regulation for daily fantasy sports contests is constantly changing. We make every effort to keep this list as current as possible, but sometimes a game changer slips into our blindspot. If we’ve missed something, email Caroline Fabacher at cfabacher@velawoodlaw.com, and follow her on Twitter for the most up-to-date DFS coverage!

 

State Major Operators1 Attorney General Opinion Legislative Status Bill
Summary
Effective Date Relevant Cases
Alabama No Negative Apr 5, 2016
Active (SB 28)

Case: Manzella v. DraftKings

Court: Northern District Alabama

Status: Transferred to District of Massachusetts for consolidated pre-trial proceedings, In re: Daily Fantasy Sports Litigation.

Alaska Yes
Arizona No
Failed (S 1515) Feb 22, 2016
Arkansas Yes
California Yes
Dead (AB 1437)

Case: Spiegel v. Draftkings

Court: Central District of California

Status: Transferred to District of Massachusetts for consolidated pre-trial proceedings, In re: Daily Fantasy Sports Litigation.

Colorado
Passed (HB 16-1404) Jun 10, 2016
  • Exempts DFS from gambling prohibition laws
  • License – Standard Operator: Required
  • License – Small Operator2: Not Required
  • License Fee – Standard Operator: TBD
  • Registration – Standard Operator: Not Required
  • Registration – Small Operator2: Required
  • Registration Fee – Small Operator2 : TBD
  • Regulatory Fee: Required, annually
  • Tax: None
  • Required Age: 18
  • Establishes standard consumer protection protocol*
Aug 10, 2016
Connecticut Yes
Active (HB 6400)
Delaware No Negative Jul 8, 2016
District of Columbia Yes
Florida Mixed(FanDuel & DraftKings, not Yahoo!)
Active (H 149)
Active (SB 592)

Case: Guarino v. DraftKings

Court: Southern District of Illinois

Status: Transferred to District of Massachusetts for consolidated pre-trial proceedings, In re: Daily Fantasy Sports Litigation.

Georgia Yes Negative Feb 26, 2016
Active (HB 118)
  • Exempts DFS from gambling prohibition laws
  • Registration: Required
  • Registration Fee: $10,000-50,000, depending on revenue
  • Tax: 6% of in-state revenue
  • Required Age: 18
  • Establishes standard consumer protection protocol*
Hawaii No Negative Feb 27, 2016
Active (SB 204)
Idaho No Negative May 2, 2016
Illinois Yes Negative Dec 23, 2015
Active (SB 629)
Active (HB 3633)
  • Exempts DFS from gambling prohibition laws
  • License Application Fee: $1,500-$25,000, depending on revenue
  • License Fee: $1,125-$50,000, depending on revenue
  • License Term: 1 year
  • Tax: 5%-22.5%, depending on revenue
  • Required Age: 21
  • Audit: Required annually, unless revenue is <$100,000
  • Establishes standard consumer protection protocol*

Case: Guarino v. DraftKings

Court: Southern District of Illinois

Status: Transferred to District of Massachusetts for consolidated pre-trial proceedings, In re: Daily Fantasy Sports Litigation.

Indiana Yes
Passed (S 339) Mar 24, 2016
  • Exempts DFS from gambling prohibition laws
  • License: Required, if operating in state as of 3.31.2016, may continue operations until grant or denial of license
  • Registration Fee: $50,000
  • Registration Renewal Fee: $5,000
  • Tax: None
  • Required Age: 18
  • Audit: Required every 3 years
  • Establishes standard consumer protection protocol*
Jul 1, 2016
Iowa No
Active (HB 52)
  • DFS is legal when the operator is licensed
  • License: Required
  • License Fee: $500, annually
  • Tax: 7.5% of in-state revenue
  • Required Age: 21
  • Establishes standard consumer protection protocol*
Kansas Yes Positive Apr 24, 2015
Passed (HB 2155) May 19, 2015
  • Exempts DFS from gambling prohibition laws
Jul 1, 2015
Kentucky Yes
Dead (H 625)
Louisiana No
Dead (H 676)
Maine Yes
Maryland Yes Mixed Jan 15, 2016
Passed (see rules promulgated by Maryland Comptroller’s Office)
  • Exempts DFS from gambling prohibition laws
  • Operators must prevent use of third-party scripts for entering contests
  • Operators must identify experienced players4
  • Prohibits offering college sports contests
  • Required Age: 18
  • Deposit Limit: $1000
  • Establishes standard consumer protection protocol*
Massachusetts Yes Positive Oct 7, 2015
Passed (H.4569) Aug 10, 2016
  • Authorizes lottery commission to implement online fantasy sports via players purchasing pre-paid cards from the state gambling commission
  • Permits operators to bid on providing the commission an online platform for DFS contests
  • Requires operators provide a “free-play site”
  • Required Age: 21
  • Deposit Limit: $1000

Case: Haroldson v. DraftKings; Belton v. DraftKings

Court: District of Massachusetts

Status: Transferred to District of Massachusetts for consolidated pre-trial proceedings, In re: Daily Fantasy Sports Litigation.

Michigan Yes
Dead (S 459)
Minnesota Yes
Dead (H 2509)
Mississippi Yes Negative Feb 29, 2016
Passed (S 2541) May 12, 2016
Active (HB 967)
  • Exempts DFS from gambling prohibition laws
  • License Application Fee: $5,000
  • License Term: 3 years
  • Tax: 8% of in-state revenue
  • Required Age: 18
  • Establishes standard consumer protection protocol*
May 12, 2016–Jul 1, 2017
Missouri Yes
Active (H 1204)
  • Exempts DFS from gambling prohibition laws
  • Allows operators prior to April 1, 2016, to continue until receipt or denial of license. Must apply by October 1, 2016
  • Requires operators offer “beginner-only” contests, in which highly experienced players4are not permitted to participate
  • License: Required, from Gaming Commission
  • Registration Fee: $10,000 annual fee or 10% of net revenue3from previous year
  • Tax: 11.5%
  • Audit: Required annually
  • Required Age: 18
  • Establishes standard consumer protection protocol*
Aug 28, 2016
Montana No
Active (S 25)
Nebraska Yes
Active (L 469)
  • Registration: Required
  • Registration Fee: $10,000
  • Registration Renewal Fee: 6% of in-state revenue, up to $10,000
  • Required Age: 19
  • Establishes standard consumer protection protocol*
Nevada No Negative Oct 16, 2015
New Hampshire Yes
Active (HB 580)
  • Exempts DFS from gambling prohibition laws
  • Registration Fee: 10% of in-state revenue or $5,000
  • Tax: 5% of in-state revenue
  • Required Age: 18
  • Establishes standard consumer protection protocol*
New Jersey Yes
Active (A3532)
  • Licensed casino partner OR at least one of operator’s servers must be located in Atlantic City, NJ
  • Registration: Required
  • Registration Fee: 9.25% of revenue, annually
  • Tax: 10.5% of in-state revenue, paid quarterly
  • Required Age: 18
  • Establishes standard consumer protection protocol*
New Mexico Yes
Dead (H 314)
New York Negative Nov 10, 2015
Passed (S 8153)
  • Exempts DFS from gambling prohibition laws
  • Allows operators prior to November 10, 2015, to continue to operate until receipt or denial of registration
  • Each registrant must submit a report to the commission by June 13 of each year
  • Registration: Required, from New York State Gaming Commission
  • Registration Term: 3 years
  • Registration Fee: None
  • Tax: 15.5%, not to exceed $50,000
  • Required Age: 18
  • Establishes standard consumer protection protocol*
Aug 3, 2016

Case: Johnson v. FanDuel; Weaver v. FanDuel; White v. DraftKings; Brown v. DraftKings; McDaid v. DraftKings; Belton v. FanDuel

Court: Southern District of New York

Status: Transferred to District of Massachusetts for consolidated pre-trial proceedings, In re: Daily Fantasy Sports Litigation. 

North Carolina Yes
North Dakota Yes
Ohio Yes
Oklahoma Yes
Dead (H 2278, S 1396)
Oregon Yes
Active (HB 2549)
Pennsylvania Yes
Active (S TBD)
  • License fee: $2.5M
  • Tax: 25%
Upon Approval
Rhode Island Yes
Dead (H 7938)
South Carolina Yes
Dead (S 1093)
South Dakota Yes Mixed Dec 7, 2015
Tennessee Yes(DraftKings & Yahoo!, not FanDuel) Negative Apr 15, 2016
Passed (SB2109) Apr 27, 2016
  • Allows current operators 60 days after applications are made available to continue operating
  • License: Required, from Secretary of State
  • Registration Fee: $1000-75,000 + $300 application fee
  • Tax: 6%
  • Required Age: 18
  • Deposit Limit: $2500
  • Audit: Required annually
  • Establishes standard consumer protection protocol*
  • Creates an advisory task force to study and report findings by July 1, 2017
Jul 1, 2016
Texas Mixed(DraftKings & Yahoo!, not FanDuel) Negative Jan 19, 2016
Active (HB 1457)
Active (HB 1418)
  • Exempts DFS from gambling prohibition laws
  • Required Age: 18
  • Establishes standard consumer protection protocol*
Utah Yes
Vermont Yes Negative Jan 15, 2016
Dead (S 223)
Virginia Yes
Passed (S 646) Mar 7, 2016
  • Exempts DFS from gambling prohibition laws
  • Registration: Required, from the Department of Agriculture and Consumer Services
  • Registration Fee: $50,000
  • Registration Term: 1 year
  • Tax: None
  • Required Age: 18
  • Audit: Required annually
  • Establishes standard consumer protection protocol*
Washington No
Active (SB 5169)
West Virginia Yes Positive Jan 7, 2016
Dead (S 529)
Wisconsin Yes
Dead (A 800, S 702)
Wyoming Yes

Last modified: February 14, 2017

Disclaimer: The list of states introducing legislation and regulation for daily fantasy sports contests is constantly changing. We make every effort to keep this list as current as possible, but sometimes a game changer slips into our blindspot. If we've missed something, let us know at DFS@velawoodlaw.com.

*Consumer protection language is relatively standardized between states. These procedures include, but are not limited to: ensuring reasonable efforts are made to identify and block unauthorized users (by age, state, or voluntary self-exclusion); holding registered players’ funds in individual trusts separate from other accounts; preventing unethical advertising techniques such as promoting misleading award offerings and targeting self-excluded individuals, minors; requiring operators make all prizes and awards known in advance of contests and ensuring such awards are not determined by the number or participants in that contest.

1 Major operators considered include FanDuel, DraftKings, and Yahoo!

2 Small fantasy contest operators have no more than 7,500 fantasy contest players in Colorado.

3 “Net revenue” is defined as the amount equal to the total entry fees collected from all participants entering such fantasy sports contests less winnings paid to participants in the contests, multiplied by the resident percentage.

4 “Highly experienced player” has (a) Entered more than one thousand contests offered by a single fantasy sports contest operator; or (b) Won more than three fantasy sports prizes of one thousand dollars or more.