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The Attorney General of Kansas has issued a much-anticipated opinion regarding fantasy sports that appears to be a clear win for the nascent DFS industry.
If fantasy sports leagues fall within the definition provided in 2015 Senate Substitute for HB 2155, then fantasy sports leagues are games of skill and therefore are not lotteries. Further, because the Legislature has the exclusive authority to legislate and may determine what conduct may be punished as a crime, we conclude that Section 19 of 2015 Senate Substitute for HB 2155 does not violate the constitution.
The opinion stands in direct contrast to the previously published position of the Kansas Gaming and Racing Commission.
Due in part to that position, Kansas was among the so-called “grey” states for daily fantasy sports, although leading operators FanDuel and DraftKings did (and continue to) accept customers from the state.
Kansas is one of a number of states considering DFS-related legislation in 2015. Refer to our DFS bill tracker for more information.
But SB 276 appears to be out of the picture at this point. Instead, a larger legislative vehicle that addresses charitable gambling – HB 2155 – was amended in late March to include language regarding fantasy sports.