Kansas Legislator Wants Fantasy Sports Legalized

Playing fantasy sports is illegal in Kansas, and although no prosecutor has ever pursued a case against it, Kansas state Rep. Brett Hilderbrand introduced a bill making fantasy sports legal. "Thousands of Kansans" play and "I would say the vast majority have no idea they’re even breaking the law," Hildabrand said.

Kansas state Rep. Brett Hildabrand recently introduced a bill that would make fantasy sports officially legal. The measure copies the federal definition of fantasy sports leagues that exempts them from federal and interstate gambling laws and applies those provisions to Kansas law.

Last summer the Kansas Gaming and Racing Commission’s website stated that fantasy sports leagues with cash buy-ins could be considered illegal under the state’s gambling laws. The commission’s Frequently Asked Questions section stated, “In short, if a fantasy sports league has a buy-in (no matter what it is called) for its managers and gives a prize, then all three elements of an illegal lottery are satisfied.”

Judy Taylor, the commission’s general counsel, said no prosecutor had pursued a case against fantasy sports and it was unlikely to happen. Still, Hildabrand noted, “This is an innocent activity that thousands of Kansans participate in and I would say the vast majority have no idea they’re even breaking the law, so I just want to make sure they’re protected.” He added having laws on the books that are not likely to be enforced does not make sense. “We want to make sure we’re emphasizing rule of law and so the rules that we do have we want them to have a purpose,” Hildabrand said.

About 41 million people play fantasy sports in the United States and Canada, according to the Fantasy Sports Trade Association, which is based in Chicago—however, Hildabrand is not one of them and never has played fantasy sports, he said.