The Current Status of Sports Betting Legislation in Ohio

Aaron McDade February 12, 2020February 12, 2020 0 Comments

BOTH THE HOUSE AND SENATE HAVE PROPOSED THEIR OWN BILLS TO CONGRESS, ATTEMPTING LEGALIZE SPORTS BETTING IN OHIO. BOTH BILLS DRAW SIMILARITIES AND DIFFERENCES BETWEEN ONE ANOTHER. OHIO LAWMAKERS STILL HAVE YET TO MAKE A DECISION, BUT IT’S ONLY A MATTER OF TIME BEFORE IT BECOMES LEGAL. TV2’S PHILLIP GRANT HAS THE STORY.

According to the Nevada Gaming Control Board, over $154 million in bets were placed at the state’s 190 sportsbooks on this year’s Super Bowl. That total is the second highest of the last ten years, second only to the 2018 Super Bowl, when bets topped $158 million. The American Gaming Association estimated that over 26 million Americans would bet on the Super Bowl, and the amount wagered legally and illegally would top $6.8 billion.

As the big game came and went, Ohio residents did not have a way to legally wager on the game. However, that may not be the case by the time Super Bowl 55 comes around next February, as Ohio lawmakers are optimistic that the state will pass and sign into law a bill that would legalize sports betting by the end of the year.

As it stands currently, each chamber of the Ohio legislature has their own version of a bill that would legalize sports betting. House Bill 194, sponsored by Representative Dave Greenspan (R-District 16), would put the Ohio Lottery Commission in charge of the system, and will tax betting receipts at 10 percent, sending the tax revenue to education and gambling addiction assistance programs.

“It is widely believed today that the lottery commission has the unilateral authority to engage in sports gambling.” Rep. Greenspan said, “So, if that is the case and the casino control commission does not, why would we want to test the limits of the law, of the constitutionality of it, or why would we want to create new laws to provide authorities with something that the lottery commission already has the ability to do?”

In the other chamber State Senator John Eklund (R-District 18) is one of the primary sponsors of Senate Bill 111. The Senate’s version of the bill would place the state’s sports betting system in the hands of the private casinos and racinos in Ohio, with regulations set by the state government and the Ohio Casino Control Commission. Under the Senate bill, mobile and online gambling would also be permitted, something Sen. Eklund considers an important issue the House bill does not consider. The State would take a 6.25 percent tax on betting receipts, allocating the revenue for the state’s general fund, a fund that holds state revenues that are not required to be placed in another fund. The fund has been used to spend on education, health services, and other general governmental issues.

“The casino commission has a wealth of experience in dealing with casino gaming, which is more close to the nature of what sports gambling is,” Sen. Eklund said, “…The Senate bill puts some very strict parameters around the circumstances that this activity can take place in a casino. You’ve got to be a certain age to get into the area where it’s done… I think the integrity of the gambling game will be much more enhanced under the Senate bill with private enterprises doing this regulated by the casino commission.”

Of the 20 states plus Washington D.C. that have legalized sports betting, eight have placed it under the control of the lottery, and 11 have given control to the state’s gaming or casino commission.

Outside of those fairly significant differences, both bills are mostly similar. Both allow for bets to be made on professional and college athletics, with the House bill allowing the Lottery Commission to determine what sports and levels of college sports can be bet on.

Both Eklund and Greenspan are open to compromise, and understand it is an inevitable part of the legislative process. Sen. Eklund said the two started meeting to go over a comparison of the two bills in person to search for areas of compromise, and those meetings will continue as the year goes on.

The House bill is currently in the Finance Committee, but Rep. Greenspan said it has been put on hold for the time being, as the committee is working on the Capital Budget. He said the hope is that the sports betting bill is in its final form now, and it can be voted on and sent to the Senate after the Finance Committee works through it, and they can negotiate compromises when the bill reaches the Senate.

Governor Mike DeWine has voiced his optimism on the topic, saying he is confident that sports betting will come to Ohio in some form. To DeWine, Eklund and Greenspan, the question is when, not if, sports betting will be available to Ohio residents, and that question has to do with how the Senate and House reach compromises concerning their two bills.

“I have never felt an enhanced sense of urgency about this bill or this issue, because I am much more concerned about getting it right rather than being first or getting it done quickly, or getting it done while Governor DeWine is in office,” Sen. Eklund said.

Rep. Greenspan voiced his confidence in getting a bill passed by the end of the year, saying he “absolutely” thinks something will be passed by the end of the year. Sen. Eklund also said it is reasonable to expect something passed by the end of 2020, and said depending on the compromises the two chambers reach, something could be passed before the Senate and House leave for their summer recess.

Both legislators are confident in their bills and their ability to pass them through their individual chamber, and the questions arise from what compromises will have to be reached when the bill reaches the other chamber.

All five states that border Ohio have passed sports betting legislation through at least one chamber. Pennsylvania, Indiana and West Virginia operate organized betting systems, Michigan has passed legislation through both houses and is setting up their system, and Kentucky has passed legislation through their House of Representatives.