SportsPulse: Supreme Court reporter Richard Wolf breaks down the SCOTUS ruling on sports betting in the United States, and what it could mean for the future of gambling in professional and college sports. USA TODAY Sports
While the U.S. Supreme Court on Monday opened the door for sports betting to become legal, it may be at least a year before that occurs in most states, a gaming industry expert said.
"Broadly speaking, you’re looking at a few distinct waves" in how states will proceed, said Chris Grove, who oversees the sports betting practice of Eilers & Krejcik Gaming LLC, a California-based research firm that serves the gaming industry.
The first wave comprises a handful of states that basically have legal mechanisms in place and were just waiting for a favorable ruling from the high court. This includes New Jersey, West Virginia, Delaware and Mississippi. The next involves a slightly larger set of states whose legislatures are still in session and have sports-betting bills pending. California, New York, Illinois and Michigan are among this group.
"The largest group of states will wait until 2019 because they are out of session or almost out of session," Grave said. "... That might seem strange because it’s so early in this year, but that’s how the political work calendar works."
He said around 20 states have considered, or are considering, sports betting, "and I expect that number to balloon." How, and when, states move on this "will be heavily influenced by the actions of neighboring states," he added.
"It may not be as pronounced as with land-based casinos, but many states will act if they haven’t already," he said.
To find out where progress toward sports betting stands on a state-by-state basis, USA TODAY Sports attempted to contact the governor’s offices of 25 states that have not been currently active on the issue. It also compiled information from across the USA TODAY Network and from data collected this month by Eilers & Krejcik, which contacted the National Conference of State Legislatures to determine whether lawmakers remain in session.
Alabama
The state Constitution currently prohibits all forms of gambling, according to Daniel Sparkman, a spokesperson for the governor's office. Asked whether there has been any legislative discussion about — or a proposal or referendum aimed at — changing the state constitution, Sparkman replied: "Not to my knowledge and our legislature doesn’t meet again until March 2019."
Alaska
Austin Baird, a spokesperson for Gov. Bill Walker's office, confirmed that "there has been no legislative activity on this issue in Alaska."
Arizona
While the legislature did not consider any sports gambling bills in its most recent session, governor Doug Ducey called Monday's decision "positive news."
"We have been working on a modernized gaming compact," Ducey wrote on Twitter. "This ruling gives Arizona options that could benefit our citizens and our general fund."
Arkansas
The state has not considered any sports gambling legislation, and governor Asa Hutchinson said he is reviewing the Supreme Court's decision and "we will be monitoring this closely."
"Historically, Arkansas has opposed any broad expansion of gambling with the scholarship lottery being the one exception. I have supported this more restrictive approach," Hutchinson said in a statement provided to USA TODAY Sports. "Now, we will need to review the Supreme Court decision and also track how the states react to this expansion of state flexibility under the 10th amendment."
California
An active bill would authorize the legislature to permit sports betting if a change in federal law occurred that would allow the state to have sports betting.
Colorado
Title 18 of Colorado's constitution explicitly notes that gambling on sports is illegal, and Jacque Montgomery, a spokesperson for Gov. John Hickenlooper's office, confirmed to USA TODAY Sports that the legalization of sports gambling in the state would therefore require "a vote of the People."
Hickenlooper himself told FOX 31, a television station in Denver, on Monday that the state will need to weigh the benefits of legalization against the potential risks, like gambling addiction.
Connecticut
Gov. Dannel Malloy issued a statement that said he is prepared to call the General Assembly into a special session to consider legalizing sports betting in the state.
"It is incumbent on us to consider the question of legalized sports betting in a thoughtful way that ensures our approach is responsible, smart, and fully realizes the economic potential that this opportunity provides," he said in the statement.
Delaware
Sports betting of a sort already is allowed in the state, but it is limited to multi-game bets on NFL games. "If it is permissible under the (Supreme Court) opinion, full-scale sports gaming could be available at Delaware’s casinos before the end of June,” Gov. John Carney said in a release.
Florida
"We will review the court’s ruling. Any changes to Florida’s gaming laws would be made by the Florida Legislature," McKinley Lewis, deputy communications director for Gov. Rick Scott, said in a statement.
Georgia
"There is no pending legislation regarding this and the next session to debate something like this is in January 2019, when the governor (Nathan Deal) will no longer hold office," said Jen Talaber Ryan, the deputy chief of staff for communications in Deal's office.
Hawaii
An active bill would establish a commission that would undertake "an independent analysis of the economic and social costs and benefits” of an array of gaming and wagering in the state, including sports betting. The commission also would determine if gaming would be feasible and what form of gaming would be most appropriate for the state.
Idaho
The state has not recently considered any sports gambling legislation, and a statement from Gov. C.L. "Butch" Otter's office was not available as of Monday night.
Illinois
There are several bills active, including one that — with Monday’s ruling — would authorize sports betting in the state to occur with licensees under the Illinois Horse Racing Act of 1975. This bill also would create the Division of Sports Wagering within the Illinois Gaming Board to issue licenses.
Another bill authorizes sports wagering at a facility that is authorized to conduct gambling operations under the Riverboat Gambling Act. This bill would requires a sports betting operator to pay a 12.5% tax of its gross sports wagering revenue.
Indiana
State Rep. Alan Morrison, R-Terre Haute, has introduced bills the past few years, but they haven't advanced far enough for a vote. Morrison said he's "very pleased and excited about the decision" and that he thinks legalizing sports gambling in Indiana has a "fairly good" chance of passing next year.
Iowa
State Rep. Jake Highfill, R-Johnston, said Monday that he will introduce a proposal to legalize sports betting when the legislature convenes in January to allow wagering on college and professional sports events. Brenna Smith, press secretary to Iowa Gov. Kim Reynolds, issued a statement saying: "Given the Supreme Court's opinion, the governor will explore options with the legislature next year."
Kansas
There are several active bills that would allow sports betting, but the bills differ about where such betting would be allowed to occur — only at race tracks, or also at other sites.
Kentucky
Had bills that would have authorized sports betting at horse racing tracks and/or under authority or the Kentucky Lottery Corp.
Louisiana
An active bill would allow sports betting at eligible live horse racing facilities.
Maine
Has not recently considered any sports gambling legislation, and a spokesperson for Gov. Paul LePage's office did not immediately reply to a request for comment Monday.
Maryland
Bills that would have put sports betting to a referendum vote this November did not get through the legislature.
Massachusetts
There is an active bill that, with Monday’s ruling, would create a "special commission to conduct a comprehensive study and offer proposed legislation relative to the regulation of online sports betting."
Michigan
There are currently eight bills that would expand gambling, including several that would legalize sports betting and wagers on fantasy sports. Four have gotten votes in committee — three that would allow internet gambling and another that would legalize fantasy sports betting — but none have gotten votes in either the full House of Representatives or the Senate.
Four other bills, including three that would legalize sports betting and allow the Michigan lottery to handle those wagers and another fantasy sports betting bill, haven’t gotten hearings yet in committee.
Minnesota
Rep. Pat Garofalo, R-Farmington, has publicly stumped for Minnesota to work under the assumption that sports betting will be legalized, prior to Monday's news. Despite his efforts, however, the legislature has yet to consider a sports betting bill. The legislature will adjourn on May 21.
Mississippi
Gambling officials in the state have said casinos could be up and running with betting on professional and college sports within 45 days of Monday's ruling. The Mississippi Legislature, unbeknownst to most lawmakers and citizens, legalized sports betting in Mississippi casinos last year by deleting a snippet of law that prohibited betting on any games that occur outside casinos.
The deletion was made — and not announced to most lawmakers — in a measure dealing with regulation of fantasy sports. Mississippi Gaming Commission Director Allen Godfrey has said the new Mississippi law allows sports betting, subject to regulation by the commission.
Missouri
Several sports gambling bills have been discussed in Missouri, but The Kansas City Star reported that only one of them has advanced out of committee, making it unlikely that any measure will pass before the state legislature adjourns next week.
"Whether we can arrive at a solution within the next week or so, I can't be sure of that," Rep. Justin Alferman, who sponsored one of the bills, told the newspaper. "But what I do know is that my phone has been ringing off the hook literally all day."
Montana
Some forms of sports gambling are already legal in Montana — including fantasy sports leagues and pools in which people bet against one another, rather than the house. But it's immediately unclear whether Monday's news will lead to a broader legalization of sports gambling.
Nebraska
The state has not recently considered any sports gambling legislation, and spokespeople for Gov. Pete Ricketts' office did not immediately reply to requests for comment.
Nevada
Sports gambling is already legal in Nevada.
New Hampshire
Gov. Chris Sununu said in a statement: "Legalized sports betting in New Hampshire? I’ll give it 3-1."
New Jersey
The state’s law, signed by then-Gov. Chris Christie in 2014, was the basis for the legal battle that culminated in Monday’s ruling. Current Gov. Phil Murphy issued a statement Monday saying he looks enacting a new version of the law “in the very near future.”
New Mexico
The state has not recently considered any sports gambling legislation, and a spokesperson for Gov. Susana Martinez's office did not immediately reply to a request for comment.
New York
State lawmakers and Gov. Andrew Cuomo approved language in 2013 approved language that would allow wagering on athletic events if the federal ban on sports wagering was struck down. But Cuomo said Monday he's in no rush to move forward and suggested a new law would have to be passed, questioning whether it can be done this year before lawmakers end their annual session next month. “We’ll do an economic analysis and a legal analysis, but nothing’s going to happen this year because there’s literally just a number of days left in the legislative session and this would be a very big issue to tackle," Cuomo told reporters in Manhattan.
North Carolina
The state has not recently considered any sports gambling legislation, and a spokesperson for Gov. Roy Cooper's office did not immediately reply to a request for comment.
North Dakota
Gov. Doug Burgum was among the state governors who signed an amicus brief in support of New Jersey's case.
"I supported New Jersey’s appeal based on the principle that without a valid federal law preempting state law, Congress can’t prevent states from enacting, modifying or repealing their own laws," Burgum said in a statement provided to USA TODAY Sports. "We’re not aware of any sports betting legislation being proposed (in North Dakota), and the Governor’s Office has no plans to propose such legislation. Should such legislation be forwarded to me, I will carefully evaluate it as with any other bill that comes across my desk."
Ohio
"Expanding gambling has not been a priority for this administration, and that remains unchanged," communications director Jim Lynch told USA TODAY Sports. "We’re aware of the ruling and looking to see what impact it will immediately have on Ohio policies."
Oklahoma
The Oklahoma legislature was, at one point in its most recent session, considering language that would legalize sports betting in the state. But the final version of House Bill 3375, which is colloquially known as the "ball and dice," instead focused on the expansion of casino games, and it is immediately unclear whether legislators will renew sports gambling efforts in 2019.
Oregon
The state, via the Oregon Lottery, was offering its "Sports Action" NFL parlay game before the enactment of the law that was struck down Monday, so the game had always been grandfathered in. But the Lottery stopped offering the game in 2007 as the state wanted to get out from under the NCAA's refusal to stage championship events where any type of sports betting was allowed. Now that appears to be moot, but it remains to be seen what the state's next move will be.
Pennsylvania
In 2017, the state passed a law authorizing sports betting in the state if federal law allowed states to regulate the activity. Now that day is here. But the state's law also called for a $10 million licensing fee and 34% tax rate on this revenue, and those may tough conditions for potential sports betting operators.
Rhode Island
Active bill would allow sports betting to be operated by the state lottery at existing casinos in the state, but it would prohibit betting on any collegiate sports event in the state or any college sports event outside the state involving any "state college team."
South Carolina
Active bill would amend the state constitution so that the legislature would have the authority to allow gambling, including sports betting and betting on horse racing.
South Dakota
South Dakota's legislative session ended more than a month ago and Tony Venhuizen, a spokesperson for Gov. Dennis Daugaard's office, told USA TODAY Sports that there is no active legislation related to sports gambling in the state.
"Governor Daugaard is leaving office at the end of this year, so it will be up to the new Governor and Legislature elected in November to consider this possibility next year," Venhuizen wrote in an email.
Tennessee
"As the Tennessee General Assembly has adjourned for the year, there is no additional legislation under consideration at this time. Additionally, we are still reviewing the Supreme Court’s decision in the case," Jennifer Donnals, press secretary for Gov. Bill Haslam's office, told USA TODAY Sports.
Texas
Texas has not recently considered legislation pertaining to sports gambling. A spokesperson for Texas Gov. Greg Abbott's office did not immediately respond to a request for comment on Monday's ruling.
Utah
Utah's legislative session ended in March, and Paul Edwards, Gov. Gary Herbert's deputy chief of staff and spokesperson, said in a statement provided to USA TODAY Sports that sports gambling is not coming to Utah anytime soon.
"Governor Herbert appreciates the Supreme Court’s reaffirmation of states rights to regulate gambling within their borders, a right Utah will exercise by continuing to prohibit gambling within our state," Edwards said.
Vermont
The state has not recently considered any sports gambling legislation, and a spokesperson for Gov. Phil Scott's office did not immediately reply to a request for comment.
Virginia
A spokesman for Gov. Ralph Northam said: "We're reviewing the ruling and would review any legislation should the General Assembly decide to take up the matter. (There is) no active legislation that I'm aware of on this topic."
Washington
The Washington State Gambling Commission said in a statement that legalizing sports gambling would require a vote from the state legislature — "most likely, a 60 percent majority."
"We hope that the Legislature would look to the Commission to provide its expertise about a regulatory structure for sports betting," Tara Lee, a spokesperson for the governor's office, wrote in an email to USA TODAY Sports. "And like all gambling in our state, it’s the governor’s responsibility, through the Commission, to protect the public by ensuring that gambling is legal and honest."
West Virginia
A bill that became law in March was just waiting for a favorable ruling from the high court. Regulations need to be set, but sports wagering should soon be allowed at licensed casinos in the state.
Wisconsin
"The legislature is not in session and there is no pending legislation on this," said Steve Michels, assistant deputy secretary of the state’s department of administration. "Sports gaming is prohibited by the Wisconsin constitution, state law, and is not allowed under the state tribal compacts."
Wyoming
The state has not recently considered any sports gambling legislation, and a spokesperson for Gov. Matt Mead's office did not immediately reply to a request for comment.
Contributing: Mark Alesia, Indianapolis Star; Jon Campbell and Joseph Spector, Rochester, N.Y., Democrat and Chronicle; Scott Goss, The (Wilmington, Del.) News Journal; Kathleen Gray, Detroit Free Press; Geoff Pender, The (Jackson, Miss.) Clarion-Ledger; A.J. Perez, USA TODAY; William Petroski, Des Moines Register.
