Gaming & Gambling Update – Week of April 1, 2024

Orrick, Herrington & Sutcliffe LLP

Recent Developments

Key Appointments to the Massachusetts Gaming Commission
College Prop Bets — Endangered?
The Georgia Legislative Outlook for Sports Betting This Year Dims
Illinois iGaming Legalization Efforts Remain Uncertain
While In Mississippi, Online Sports Betting Initiatives Inch Forward
Minnesota Sports Betting Bills Remain Under Consideration – One Measure Would Prohibit In-Game Betting

Key Appointments to the Massachusetts Gaming Commission

Dean Serpa, the former deputy chief of staff for operations and administration to Governor Charlie Baker, was selected to serve as the next executive director of the Massachusetts Gaming Commission. Serpa will take over an agency that has seen its mandate grow in recent years with the legalization and launch of sports betting. Serpa will take over from Todd Grossman, the commission’s general counsel who has served as interim executive director since the July 2023 departure of former head Karen Wells.

Serpa’s extensive experience in Massachusetts politics includes working for Governors Bill Weld and Charlie Baker, as well as stints with MassDevelopment, the Executive Office of Economic Development, and the Massachusetts Office of Business Development. Additionally, Baker selected Serpa to chair the Gaming Policy Advisory Committee, which makes non-binding recommendations to the Gaming Commission. In announcing that he was accepting the position, Serpa highlighted his abilities as a manager: “I am passionate about moving projects from inception to competition and working with teams to get things done — I am excited to build on my experience with GPAC as I get started as executive director of the Commission.”

College Prop Bets — Endangered?

The NCAA’s announcement that they would begin advocating on behalf of a nationwide ban on prop bets on college players highlighted a heightened focus on an issue that has taken on increased importance in recent weeks. In a statement, NCAA President Charlie Baker made the case that prop bets, which focus on player, not team performance in a particular game, “threaten the integrity of competition and [lead] to student-athletes and professional athletes getting harassed.”

The concern over college athlete prop bets is not new, as nine states around the country had already instituted prohibitions on them. Since the NCAA’s announcement and request, several additional states have responded. Ohio, Maryland, Vermont, and Louisiana have now instituted bans, while regulators from Wyoming and Michigan report that they are actively considering taking action. Additional states including New Jersey, Kansas, Illinois, and Indiana have indicated that they are willing to consider the NCAA’s position.

This issue is unlikely to calm down soon, as policymakers around the country are considering additional measures aimed at creating a safe environment for athletes and bettors. These include pushes for severe advertising restrictions as well as debate over the future of all collegiate betting and pro sports prop bets, respectively.

The Georgia Legislative Outlook for Sports Betting This Year Dims

A diligent and concerted effort to pass sports betting legislation in the state of Georgia failed to get the measure past the state House last Thursday before the legislature adjourned for the year. The bill, which had previously been approved by the Senate, passed the House Higher Education Committee on Thursday morning but was not given a vote on the House floor.

The bill would have authorized a referendum on a constitutional amendment to legalize sports wagering in the state. It was the latest in a series of unsuccessful attempts to date. Proponents argued that it would have generated hundreds of millions of dollars in additional tax revenue that could have been used for Pre-K education.

Illinois iGaming Legalization Efforts Remain Uncertain

As the Illinois state legislature ramps up, several key gaming issues have come to the forefront. Rep. Edgar Gonzalez, Jr. (D) has resumed his effort to pass legislation approving online casino gaming (iGaming). However, Gonzalez’s bill had its April 3 hearing cancelled without an explanation, leading many to believe that the chances that iGaming will move forward this session are slim. iGaming faces significant opposition by bar and tavern owners and video gaming terminal (VGT) operators.

On the other hand, momentum is building for a bill introduced by Rep. Kam Buckner (D), which would allow VGTs to operate in the city of Chicago. VGTs have not been permitted in Chicago since they were introduced elsewhere in the state in 2012.

While In Mississippi, Online Sports Betting Initiatives Inch Forward

Two significant gaming bills each survived deadlines in the Mississippi state legislature this week, allowing them to move forward. The House and Senate have moved forward with different bills to legalize online sports wagering. The bill sponsored by House Gaming Committee chair Rep. Casey Eure (R), HB 774, was amended in the Senate in order to keep it alive and moving forward.

A second bill, known as the “tidelands bill,” sets standards for the building of future additional casinos. The House Gaming Committee utilized a parliamentary maneuver when moving it out of committee, allowing for additional debate over the bill in conference. Both bills still face significant hurdles before passage, including conference committees and final votes in each chamber.

Minnesota Sports Betting Bills Remain Under Consideration – One Measure Would Prohibit In-Game Betting

Minnesota is considering multiple legislative options for legalizing sports betting in this 2024 session. One bill, sponsored by Rep. Zack Stephenson (D), would legalize sports betting with a 20% tax rate and money specifically earmarked for the state’s charitable gaming industry. Stephenson recently said he believed “momentum is building” for his effort, and that he is working to engage a bipartisan coalition of supporters.

Another bill introduced this week by Sen. John Marty (D) proposes a 40% tax on sports betting, with large amounts dedicated to dealing with problem gaming issues. This bill also sets specific deposit limits and restrictions on advertising. As currently constructed, both Stephenson’s and Marty’s proposed bills ban in-game betting. If that measure passes, Minnesota would be the only state in the country with a complete ban on live wagering.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Orrick, Herrington & Sutcliffe LLP | Attorney Advertising

Written by:

Orrick, Herrington & Sutcliffe LLP
Contact
more
less

Orrick, Herrington & Sutcliffe LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide