Daily Fantasy Sports (DFS) related legislation has been introduced in many states in 2016, but provisions prohibiting betting on student sports is only present in active legislation in two: Indiana and New York. The Attorney General in Massachusetts has also released regulations prohibiting this practice. The map below shows states where DFS legislation has been introduced this year (as of March 2nd), and specifically notes those where a student sports carve out exists.
Of the states where legislation has been introduced regulating and/or legalizing DFS, bills in a few states failed to advance. Legislation in Georgia, Iowa, Kansas, and Washington all failed to meet legislative crossover deadlines, and the New Mexico legislative session ended without action on DFS legislation.
Twelve states have determined that DFS betting constitutes illegal activity (in some cases as a result of Attorney General rulings). For now, student sports are protected in these states since all DFS betting is prohibited (but if legalization bills pass without a student sports carveout—which is a possibility in 10 of these 12 states this year—then student sports are unprotected).
In six states (Indiana, Kansas, Maryland, Massachusetts, Rhode Island, and Virginia), DFS is explicitly legal based on memos, opinions, letters, or comments drafted by the state Attorney General. One of these (Massachusetts) has a student sports protection provision, while student sports in the others are unprotected.
In the remaining 32 states, there has been no determination one way or the other on the legality of DFS. Until the legislature acts in these states, student sports may not be protected. Legislation explicitly prohibiting DFS betting on student sports is needed.
The map below shows where DFS is currently illegal, explicitly legal, or where no action explicit action has been taken.
SPAN will continue to monitor all DFS legislation and any Attorney General action.