Fantasy Sports Contest Legislation Tracker



Last modified: November 8, 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 Summary Effective Date Relevant Cases
Alabama No Negative Apr 5, 2016
Active (HB354)
Active (SB270)
  • Registration: Required
  • Registration Fee: $1,000-$75,000, depending on revenues
  • Registration Term: 1 year
  • Required Age: 19
  • Establishes standard consumer protection protocol*

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
Passed (HB 2250) Apr 11, 2017
  • Exempts DFS from gambling prohibition laws
  • Prohibits contests based on collegiate or high school events
  • Tax: 8% of in-state revenue
Apr 11, 2017
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 Yes
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 Mixed Apr 18, 2016
Active (Sections 649-650 of Bill No. 1502)
  • Exempts DFS from gambling prohibition laws
  • Registration Fee: $15,000 or 10% of gross in-state revenue
  • Registration Term: 1 year
  • Tax: 10.5% ofgross in-state revenue
  • Age: 18+
  • Establishes standard consumer protection protocol*
Delaware No Negative Jul 8, 2016
Passed (HB249) Jul 26, 2017
  • Exempts DFS from gambling prohibition laws
  • Registration: Required
  • Registration Fee: $50,000
  • Registration Term: 3 years
  • Tax: 15.5% on in-state net revenue
  • Age: 18+
  • Establishes standard consumer protection protocol*
Aug 25, 2017
District of Columbia Yes
Florida Mixed(FanDuel & DraftKings, not Yahoo!) Negative Jan 8, 1991
Active (SB 374)
Active (HB 223)
SB 374
  • Exempts DFS from gambling prohibition laws
  • Classifies DFS as a game of skill
  • Prohibits contests based solely on the score or performance of an individual athlete or team in any single event
  • Prohibits contests based on college, high school, or youth sports events
HB 223
  • Exempts DFS from gambling prohibition laws
  • Classifies DFS as a game of skill
  • Prohibits contests based solely on the score or performance of an individual athlete or team in any single event
  • Allows contests based on college, high school, or youth sports events

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
Dead (HB 118)
Hawaii No Negative Feb 27, 2016
Dead (SB 204)
Idaho No Negative May 2, 2016
Illinois Yes Negative Dec 23, 2015
Active (H 479)
  • Exempts DFS from gambling prohibition laws
  • License: Required
  • License Application Fee: $500-$25,000, depending on revenue
  • License Fee: $1,500-$50,000, depending on revenue
  • Licensing Renewal Fee: $1,125-$37,500
  • License Term: Up to 3 years
  • Tax:5% of in-state revenue, up to 1M; 7.5% of in-state revenue, up to 3M; 10% >3M but less than 8M; 15% > 8M
  • Required Age: 21
  • 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 (HF 613)
  • 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 (HB 397)
Louisiana No
Dead (H 676)
Maine Yes
Passed (LD 1320)
  • Exempts DFS from gambling prohibition laws
  • Prohibits contests based on collegiate or high school events
  • Registration: Required
  • Registration Fee: 10% of in-state revenue, up to $5,000
  • Required Age: 18
  • Establishes standard consumer protection protocol*
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
Active (SB 462)
Active (SB 461)
  • License: Required
  • License Fee: $5,000, with a cap of 10% net revenue
  • License Renewal Fee: $1,000, with a cap of 10% of net revenue
  • License Term: 1 year
  • Tax: None
  • Required Age: 18
  • Prohibits contests based on college, high school, or youth sports events
  • Establishes standard consumer protection protocol*
Minnesota Yes
Active (HF 1415)
  • Registration: Required
  • Registration Fee: $500, annually
  • Audit: Required, annually
  • Required Age: 18
Mississippi Yes Negative Jan 29, 2016
Passed (H 967)
  • Legalizes fantasy contests with an entry fee”
  • License: Required
  • License Fee: $5,000
  • License Term: 3 years
  • Establishes standard consumer protection protocol*
Missouri Yes
Passed (H 1941) May 12, 2016
  • 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 revenuefrom previous year
  • Tax: 11.5%
  • Audit: Required, annually
  • Required Age: 18
  • Establishes standard consumer protection protocol*
Aug 28, 2016
Montana No
Passed (SB 25)
  • Clarifies that online fantasy sports are illegal under the state’s gambling laws
  • Permits small, social fantasy sports leagues between acquaintances
Oct 1, 2017
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
Passed (HB 580) Jul 18, 2017
  • Registration: Required
  • Registration Fee: None Required
  • Registration Term: 1 year
  • Tax: None Required
  • Required Age: 18
  • Establishes standard consumer protection protocol*
Jul 18, 2017
New Jersey Yes
Passed (A3532)
  • Licensed casino partner OR at least one of operator’s servers must be located in Atlantic City, NJ
  • Registration: Required
  • Registration Fee: TBD
  • Tax: 10.5% of in-state revenue, paid quarterly
  • Required Age: 18
  • Establishes standard consumer protection protocol*
  • New Jersey Thoroughbred Horsemen’s Association v. NCAA
    • Court: United States Supreme Court
    • Status: Supreme Court granted certiorari for NCAA v. Governor of New Jersey, argument set for 12/04/2017
  • NCAA v. Governor of New Jersey
    • Court: Third Circuit Court of Appeals
    • Status: Held that New Jersey law repealing the state’s sports betting ban violates federal law
New Mexico Yes
Dead (H 314)
New York Yes 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
Active (H 279)
  • Exempts DFS from gambling prohibition laws
  • Registration: Required
  • Registration Fee: $2,500-$10,000, depending on revenue
  • Registration Renewal: Required, annually
  • Registration Renewal Fee: Lesser of $5,000 or 10% of revenue
  • Required Age: 18
  • Establishes standard consumer protection protocol*
North Dakota Yes
Ohio Yes Mixed Jun 30, 2016
Active (H 132)
  • License: Required
  • License Fee: Not to exceed $10,000 per year or $30,000 per three years
  • Tax: None
  • Establishes standard consumer protection protocol*
Oklahoma Yes
Dead (H 2278, S 1396)
Oregon Yes
Active (HB 2549)
Pennsylvania Yes
Passed (HB 271) Oct 30, 2017
  • Operators required to maintain a place of business within Pennsylvania
  • License: Required
  • License Fee: $50,000
  • License Term: 5 years
  • License Renewal fee: $10,000
  • Tax: 15% of gross revenue
  • Establishes standard consumer protection protocol*
Oct 30, 2017
Rhode Island Yes Positive Feb 4, 2016
Dead (H5793)
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
Dead (HB 1457)
Dead (HB 1418)
  • Exempts DFS from gambling prohibition laws
  • Required Age: 18
  • Establishes standard consumer protection protocol*
Utah Yes
Vermont Yes Negative Jan 15, 2016
Passed (S 136) Jun 8, 2017
  • Exempts DFS from gambling prohibition laws
  • Directs Attorney General and Executive Branch to propose registration fee and tax framework by 12/15/17
  • Registration: Required, annually
  • Registration Fee: $5,000, effective immediately
  • Tax: TBD
  • Establishes standard consumer protection protocol*
Jan 1, 2018
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)
  • Exempts DFS from gambling prohibition laws
West Virginia Yes Positive Jan 7, 2016
Dead (S 529)
Wisconsin Yes
Active (AB 526)
  • Exempts DFS from gambling prohibition laws
  • Registration: Required, with the Department of Financial Institutions
  • Registration Fee: 3% of net revenue earned in the previous year but not to exceed $10,000 or, if the fantasy contest operator did not earn net revenue in the previous year, $500
  • Registration Term: 1 year
  • Registration Renewal Fee: 3% of net revenue earned during the previous registration period, annually
  • Tax: None
  • Audit: Required for operators that have a net revenue of over $250,000/year
  • Establishes standard consumer protection protocol*
Wyoming Yes

Last modified: November 8, 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.