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п»їLegislative Tracker: Sports Betting.
States can legalize sports betting if they choose after the US Supreme Court struck down the federal ban on single-game wagering in 2018. Interest in the legalization of sports betting was ramping up in the US in recent years, even prior to that decision.
2021 sports betting bills.
There are now a variety of bills on file around the country and even some new laws on the books. Below is a look at current legislation by state. These states in particular are close to having legal sports betting:
North Carolina (Legalized July 2019) Maryland (Approved by voters in November 2020) Louisiana (Approved by voters in November 2020) South Dakota (Approved by voters in November 2020)
States with legal sports betting.
These states have legal, regulated sports betting industries:
In New Mexico , some tribes are now offering sports betting under an existing Class III gaming compact. Some Oregon tribes have also begun operating sportsbooks as well.
Here is a look via map (green = legal; yellow = pending launch):
The climate for sports betting legislation.
Nearly two years after the US Supreme Court struck down the federal ban on legal sports betting, nearly 75% of US states have either legalized sports wagering or introduced legislation to do so.
Legislative live streams.
Want to follow along as a sports betting bill is considered in a hearing or legislative session. Here’s a guide to all the video and audio streams for US legislatures:
Previous sports betting bills.
Here is the recent history of bills related to sports betting in the United States:
Arizona Sports Betting: 2020 Legal Update.
Sports betting is still not legal in the state of Arizona. However, that doesn’t mean that the Grand Canyon State isn’t trying to change that. A sports betting bill popped up in early 2019 but eventually lost steam early in the legislature. Now in 2020, there are two bills that have a chance to bring legal sports betting to Arizona. One is a clone of the 2019 bill while another is a new bill altogether and that one may be Arizona’s best chance.
Two Bills That Could Legalize Sports Betting in Arizona in 2020.
If Arizona is going to have legal sports betting at some point this year, it will likely be thanks to one of two bills. The two bills that are currently in the Arizona legislator that deal with sports betting are HB 2813 and SB 1525.
HB 2813.
HB 2813 is a sports betting bill that is sponsored by Senator Sonny Borrelli (Republican) and Representative Stephen Pierce (Republican). Under the bill, sports betting would be legal in Arizona at retail locations. Horse racing tracks would also be eligible to offer sports betting if the bill were to pass. Tribal casinos would also benefit as they would be deemed eligible to offer sports betting as well.
While tribes would be able to offer sports betting under the bill, they still are not particularly happy about this specific bill. According to HB 2813, tribal casinos would be eligible to open sportsbooks at their casinos but only with the permission of the state of Arizona. The tribes feel they should be able to offer sports betting without the permission of the state. If they are required by the state to seek permission instead of being able to conduct legal sports betting on their own, the tribes will be forced to follow rules under the new law as opposed to their current gaming compacts.
The Arizona Indian Gaming Association (AIGA) has been against this bill for the reason of needing permission from the state to conduct legal sports betting. The AIGA and their opposition could prove trouble for this bill if it continues to progress. Currently, the bill is still sitting in the House.
Not only are the tribes against the bill but some members of the House aren’t too fond of the bill either. A number of members have expressed interest in seeing some amendments to the bill. The Arizona Department of Gaming would serve as the regulatory body for sports betting under HB 2813. The bill does not allow for mobile or online betting.
SB 1525.
SB 1525 is essentially a remade bill from last year’s session. SB 1158 was the bill directed towards legalizing sports betting in the 2019 legislative session in Arizona. The bill last year didn’t make it very far and the results may be similar again this year.
SB 1525, like HB 2813, is also sponsored by both Borelli and Pierce. They were also the sponsors for last year’s SB 1158 that failed to make a serious run in the Arizona legislature. Like HB 2813, SB 1525 would also allow for legal sports betting on tribal lands.
Of the 24 tribal casinos located in Arizona, each one would be eligible to offer sports betting. Sports betting would be allowed through sportsbooks and kiosks. Mobile and online sports betting would not be allowed under the bill. The bill would require a voter referendum if passed, making it even more difficult to become a law.
Best and Worst-Case Scenarios For Arizona.
The legislative session in Arizona ends on April 25th. That means Arizona has just a couple of weeks to push one of these bills through. The odds of that happening appear next to none. Not only have those two sports betting bills been stagnant for the past month or so, but the issue with the tribes is also another hurdle on its own. Neither bill has made any significant progress and there has been no news to suggest that will change in the final two weeks of the legislative session.
In a utopian scenario for Arizona, sports betting would somehow get passed in the next two weeks. The odds are incredibly slim that will happen. However, even if it does happen, Arizona will be limited to legal sports betting on tribal casino property only. There will be no mobile or online sports betting legal in Arizona in 2020.
The worst-case scenario, and most likely scenario, is that these bills stay put and the session ends yet again without a sports betting bill making any significant progress. Sports betting is not legalized in Arizona in 2020 and next year The Grand Canyon State will start back at square one, again. The tribes will continue to have issues with any future wording of any sports betting bills, causing even more issues and delays. Adding on to the worst-case scenario would be if the House and Senate can’t agree on terms for a sports betting bill next year either and Arizona wastes another year arguing amongst itself.
Legal sports betting is all but dead in Arizona for 2020. It will still take some luck for Arizona to even legalize sports betting in 2021. It appears there are a number of hurdles for Arizona in its path to legalized sports betting. Even if Arizona manages to pass a sports betting bill in the 2021 session, a voter referendum may still be needed to actually legalize the bill. It will still take months from that time for legal sports betting to officially launch due to licensing and regulation issues. Therefore, it is likely that Arizona won’t see some form of legal sports betting at least until 2022, possibly even later.
America’s Laws Against Gambling And Sports Betting.
When discussing legal online sports betting, the majority of America's government has a very regressive, prohibition-style attitude towards it, buying into a negative perspective concerning the morality of gambling entertainment. This is what has led to a variety of state gambling laws in the past.
There are no US federal laws that make it a crime for Americans to place bets at offshore sportsbooks that are operating legally within the industry. There are two states that legally prohibit all online gambling, domestic or offshore, leaving residents in Connecticut and Washington without legally sanctioned online betting options, though they have yet to start enforcing those restrictions.
For the most part, state lawmakers are becoming more progressive concerning betting entertainment and recognize the value that this type of revenue stream can bring to a state. Individual states are actively analyzing what the legalization of domestic sports gambling can provide them with in terms of opportunities, tourism, and tax revenue, and many have already taken action one way or the other through new legislation.
Iowa, Nevada, New Jersey, Oregon, Pennsylvania, Rhode Island, and West Virginia currently permit state-regulated online sports gambling, with nearly two dozen additional states having launched land-based sportsbooks. Individual territories began embracing sports betting the moment that PASPA was ruled unconstitutional by the Supreme Court in the infamous NJ case, with multiple states having had their legislation ready and waiting should the ruling go in the Garden State's favor.
Below we'll take a look at the relevant US federal gambling laws, and explain how state gambling laws intersect with federal laws to impact online and brick and mortar sportsbook gambling, as well as what these laws have to say about the legal status of offshore sports betting entertainment.
The Federal Laws on the Books.
The sections below will detail and explain how each major federal law affects domestic gambling opportunities in the US.
The Federal Wire Act.
Passed back in 1961, the Federal Wire Act was made law in an effort to curtail the illegal gambling activities taking place over the phone by organized crime syndicates. It prohibited the transmission of wagers or betting information from being carried across state lines via telegraph or telephone. The Federal Wire Act targeted these illegal bookie operations as a means to curb the mafia from manipulating games and making a profit through these tactics.
This law was strictly focused on interstate gambling, and only targeted those accepting bets and not the individuals placing the bets. The goal was to crack down on illegal gambling services, not prosecute bettors. Between the DOJ Legal Opinion of 2011 and the repeal of PASPA, today's application of the Wire Act prohibits any gambling business from accepting bets across state lines or from foreign sources.
With the changes still being implemented, we are not sure yet how this will affect those states that had entered into interstate gambling pacts with one another, sharing player pools for their online gambling initiatives. Once that aspect of the legal situation becomes more clear we will update that information here.
The Professional and Amateur Sports Protection Act.
Also known as the Bradley Act, or just PASPA, the Professional and Amateur Sports Protection Act was a sweeping federal regulation that passed in 1992, with the supposed intent of protecting the integrity of sports by making sports betting illegal.
At the time the bill was passed, there were sports lotteries in Delaware, Montana, and Oregon, as well as licensed and regulated sports betting in Nevada, so those four states were exempt.
The law effectively prevented the expansion of the sports betting market throughout the United States in what many categorized as a discriminatory law that favored a few states while restricting others.
New Jersey took on the mission of challenging the law and after several years of court battles, was given a favorable outcome by the highest court in the land as SCOTUS ruled PASPA as unconstitutional, nullifying the law.
As of May 14, 2018, each individual state now has the authority to dictate sports betting laws within their borders. They can now choose to authorize or prohibit sports betting at their pleasure. Following PASPA's repeal, we have seen multiple states move forward with legislation that legalizes sports gambling at the state level.
The Unlawful Internet Gambling Enforcement Act.
This is the big one that shook the gambling industry to its core. Online gambling really started to explode during the early 2000's, especially in the realm of online poker. In 2006, then-President Bush signed into law the Unlawful Internet Gambling Enforcement Act, known all over as the UIGEA. In a nutshell, the UIGEA placed very stringent regulatory restrictions concerning how gambling-related transactions could be processed.
The most reputable sites started a countdown and allowed Americans to withdraw and closeout their accounts. Many trusted gambling sites left the US market at this time. After the dust settled, and the financial and gambling industries learned how to comply with the regulatory oversight provided by the UIGEA, many of these reputable gambling sites have returned to provide services to US sports bettors.
The UIGEA did end up making the online gambling market safer for both the bettors and the operators by imposing a more reliable and stricter regulatory structure for how gambling-related transactions are processed. Gambling sites invested in top tier payment processors while all parties implemented higher-level security protocols to ensure the validity and safety of those transactions that are processed.
While US online gambling funding options are still somewhat limited in some regards, things have stabilized. The emergence of cryptocurrencies have filled the void left by the elimination of US-friendly e-wallets and failed credit card transactions. The UIGEA does not make it illegal for Americans to gamble online. The law simply regulates how online gambling transactions are processed.
The 2011 Department of Justice's Interpretation of Federal Laws.
With the growth of online commerce, several states became interested in offering lottery game services online. This raised questions concerning the application of the Federal Wire Act, driving the DOJ to issue a clarification of the law's reach.
The Department of Justice ruled, and accurately so, that the federal government had no right to tell states that they could not sanction online gambling and therefore established that each US state has the authority to determine their own fate concerning online gambling with the exception of sports betting.
The repeal of PASPA took care of freeing sports gambling as the last remaining federally prohibited form of state-regulated online gambling. As of now, all 50 states have the legal ability to legalize and offer online gambling such as casinos, poker, bingo, and sports wagering. To date, only a handful of states have taken advantage of legal domestic online gambling. However, many states have pending bills to allow various forms of sports betting.
The 2019 DOJ Interpretation of Federal Gambling Laws.
Following the repeal of PASPA in 2018, the reach of the Federal Wire Act has again come into question. In a new interpretation, which many believe was coerced by anti-online gambling activist Sheldon Adelson, the Department of Justice has indicated that the Wire Act prohibits not only interstate wagers but also the sharing of information across state lines.
This determination will certainly harm those states that have entered into interstate gambling compacts to share player pools and resources with other states. The opinion is being formally challenged through a lawsuit headed up by New Hampshire. As the situation unfolds, we will provide updates here.
What You Need to Know Going Forward.
All of this legal information is good knowledge to have under your belt, no doubt about it. However, all you really need to know going forward is that there are no federal laws making gambling illegal in the United States either online or offline, and this includes domestic and offshore sports betting. States now determine the legal status of all gambling entertainment within their borders. As a sports betting resource guide, we want to make this point clear.
For those of you interested in betting on sport but who live in a state that has not authorized state-regulated sportsbooks, you'll have to either travel to a state with legalized sports betting or use a legitimate offshore sportsbook such as the ones you find listed on this site. You can check out our list of states that allow sports betting here or follow our list of recommended online sportsbooks.
Sports Betting Laws In The United States.
As explained under the PASPA section, state sports betting laws in the United States are set on the state level. This can cause very different industries offered despite states being neighbors to each other. For example, bettors in Rhode Island can begin wagering at 18, while those in New Jersey must be 21 to get started. Likewise, bettors in Iowa are not permitted to wager on prop bets involving collegiate athletes, while a state like Oregon allows for betting on any collegiate sport, depending on which sportsbook in the state you use. Finding out these differences can be a challenge but we have designed this entire page for your benefit. Use them as your reference but as always, consult a legal professional about your current situation if you are unsure.
One major thing to understand is that, while some restrictions are placed on the sportsbooks (for example, Iowa’s rules against prop betting), some restrictions are placed on you (for example, legal gambling age). The restrictions that are placed on the sportsbooks can be resolved by using a sportsbook outside of the US, but the restrictions that are placed on you cannot be resolved. Using those examples, if you wanted to bet on college prop bets in Iowa, you could use a sportsbook located outside of the US, that was not subject to those restrictions. However, if you wanted to bet before you turned 21 in New Jersey, you cannot do that regardless of where the sportsbook you are using is located.
Legal Sports Betting Across The Nation.
As of 2021, there are 19 states in the country that have launched some form of state-sanctioned legal sports betting. In addition, six more have approved it, but the infrastructure isn’t set up yet. Washington D.C. has also approved and set up sports betting, but it is not a state. More states are in the process of trying to legalize industries of their own since PASPA was overturned in 2018. But, with or without a legal sportsbook presence in any state in the nation, gambling on sporting events is still legal. How? With the use of offshore internet sportsbooks. These sports betting sites have been in business for decades and are available nationwide for a safe, legal, and regulated sports betting option for the people of the United States. Regardless of where a state lies on the issue of wagering on sports matchups, these platforms will always be legal for sports bettors to use for gambling on sports.
Legal Sports Betting Age In The United States.
No matter what state you live in, you must adhere to the legal sports betting age in the United States. While most people think this is generally set at 21, they would be incorrect. Most states do permit players to enter casinos and other gambling establishments at age 21 to bet on sports, but there are a handful of states that allow players as young as 18 to gamble. It doesn’t matter whether the sports bettor is using a mobile device or visiting the land-based facility, the sportsbook age is set by the state.
This includes when players use offshore betting sites for their gambling needs. Nearly every sportsbook will allow those who are 18 to sign up and begin wagering at their sites but it is up to the player to determine their own legality. If one is betting on horses, they would legally be permitted to wager at 18, however, those who are attempting to bet on sports should wait until they are following the local laws. Despite being able to wager, those who are 21 and caught underage sports betting will have their account terminated and potentially may have their winnings confiscated as well.
How Old Do I Need To Be To Play NCAA Tournament Bracket Games For Cash?
Playing bracket games or Super Bowl squares may come off as gambling and, in a technical sense, it is. For those playing for smaller prize pools and are entertaining a group of friends, it is unlikely that anything will happen to you when setting up and playing these types of games. Nobody’s going to call the feds on your office pool. Even if large prize pools are involved, the state can determine the game to be considered gambling. However, in most cases, these setups are considered social gambling, where states may limit how much a buy-in or how much the total winner can collect from the game.
The basic rule is that as long as the house isn’t taking a cut, there should be no issues when looking to play NCAA tournament bracket games for cash. Similarly, there are plenty of online sportsbooks that offer NCAA tournament bracket games, and those sportsbooks are generally legal to use. When it comes to age, you’ll want to be above the legal gambling age in your state. If your state does not define that age, assume it to be 21. Most states do have a defined legal gambling age, however, and it is usually either 18 or 21. If you’re older than 21, you’re good - just make sure you’re obeying the law.
Federal Wire Act And The Effect It Has On Internet Sports Gambling.
The Federal Wire Act was put into law in 1961 and is one of the biggest issues in the sports betting industry today. As the law was established in the 1960s, it is quite outdated, yet the US government still uses it to crack down on gambling establishments. In short, this law prevents sportsbooks from accepting a wager from those who are not physically located within the state – and this includes the use of mobile betting.
States that have approved mobile sports betting will geolocate a user’s phone before accepting their wager and there is literally zero way around this law. The Wire Act does not target the gambler, so those who are attempting to wager from outside of state lines should not worry, but instead, it focuses on the sportsbook itself. This law was established to prevent mobsters and underground sports betting operations from hiding their money and transferring it across state lines. While this is not the issue that the law control today, it still holds true and may inhibit your ability to bet on sports. As for the offshore betting sites, this US law has zero jurisdiction over the overseas sportsbooks, so they will accept bettors from anywhere within the US.
Professional and Amateur Sports Protection Act.
Perhaps the most important law in the sports betting world, the Professional and Amateur Sports Protection Act of 1992 (PASPA) seemed like the end of the gambling industry in the country. This law (in order to protect the integrity of professional and collegiate sports) made it that states could not offer a state-operated sports betting industry. States like Nevada, Delaware, Oregon, and Montana were exempt from this law, as they already had sports betting laws on their books and were grandfathered in. However, as Nevada was the only state that accepted single-game wagering and not a parlay style game, it quickly became the sports betting monopoly it is known for.
Now that PASPA has been repealed (May 2018), states have the right to facilitate their own sports betting laws and regulate their own industry how they see fit. With PASPA gone, many states were quick to legalize sports betting and a handful more are researching the best methods to bring the industry into a tax contributing necessity. This law being repealed is the only reason why the sports betting market has continued to grow immensely since 2018.
Unlawful Internet Gambling Enforcement Act.
The Unlawful Internet Gambling Enforcement Act (UIGEA) may seem like a law that prevents sports betting from happening but it couldn’t be further from the truth. Designed to scare bettors, this law worked for many years until sports bettors realized just exactly what the law entailed. Despite the strong wording in its name, UIGEA only prevents US banks from knowingly processing payments to offshore gambling sites. This includes sports betting sites as well as horse racing betting sites and even online casinos.
UIGEA may be a deterrent for sports bettors but there are many ways around it. To know if you have been a victim of UIGEA is quite easy, as your credit card will be declined when you attempt to deposit with one of our recommended sites. Don’t worry, your card will still be operational and nobody will be coming knocking on your door. Instead, call up the desired sportsbook and they will explain their various deposit (and withdrawal) methods that are welcomed without a bank being the middle man. Methods like Bitcoin, Money Orders, and other possibilities exist, as the sportsbook and the gambler can make their connection and get you, the sports bettor, started.
State Sports Betting Laws In The United States.
As explained under the PASPA section, state sports betting laws in the United States are set on the state level. This can cause for very different industries offered despite states being neighbors to each other. For example, bettors in Rhode Island can begin wagering at 18, while those in New Jersey must be 21 to get started. Likewise, bettors in Iowa are not permitted to wager on prop bets involving collegiate athletes, while a state like Oregon allows for betting on any collegiate sport, depending on which sportsbook in the state you use. Finding out these differences can be a challenge but we have designed this entire page for your benefit. Use them as your reference but as always, consult a legal professional about your current situation if you are unsure.
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