Kansas AG decision clears the way for fantasy sports

Fantasy sports fans and operators in Kansas will be pleased with an opinion issued by state Attorney General Derek Schmidt at the request of the legislature which appears to accept the legality of fantasy sports as a game of skill.

Kansas was one of the few states that have not embraced fantasy sports, and the AG was asked for an opinion as a guide for lawmakers considering the possibilities.

In summary, the AG observed that if fantasy sports leagues fall within the definition provided in the 2015 Senate Substitute for HB 2155, then fantasy sports leagues are games of skill and therefore are not lotteries.

The opinion added that because the Legislature has the exclusive authority to legislate and may determine what conduct may be punished as a crime, Section 19 of 2015 Senate Substitute for HB 2155 does not violate the constitution.

Interestingly, the AG’s opinion contradicts the position of the Kansas Gaming and Racing Commission.

Fantasy sports has been pushed forward in two bills before the state Legislature; SB 276 specifically seeks to create an exception for fantasy sports in state law, and HB 2155, which is a bill focused on charitable gambling, but to which a fantasy sports amendment was added last month.

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