Barring An Extension, Massachusetts Sports Betting Bill Dead

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Written By Derek Helling on July 30, 2020Last Updated on March 1, 2023

If Massachusetts legislators do not agree to extend the session, any attempts to pass a sports betting bill and have it signed by Gov. Charlie Baker before the end of the current term will be unsuccessful. The final blow, which is likely to be fatal, occurred during the last hours of Wednesday.

Despite numerous amendments, H. 4887, an economic stimulus package, has been the main agenda for both chambers throughout the week. However, the Massachusetts Senate rejected amendments that aimed to legalize betting on sporting events.

What happened to the Massachusetts sports betting bill

Supporters likely had a different vision in mind when they first imagined the conclusion of the bill. In early 2019, a joint legislative committee initiated the development of a legal structure for sports betting in Massachusetts.

The joint committee finally submitted its proposals to the Massachusetts House Ways and Means Committee more than a year later. However, shortly after this occurred, the legislature was forced to shut down due to the COVID-19 pandemic.

After the resumption of activity, the focus shifted to more pressing matters such as housing and unemployment, which ultimately led to the demise of the existing bill regarding gambling expansion. Nevertheless, the principles outlined in the proposal continued to exist.

The principles resurfaced in the House during the previous week, as amendments to H. 4887 were introduced. Included in the amendments is wording that would:

  • Grant the state gaming commission the authority to oversee the regulation of legalized sportsbooks within the commonwealth.
  • The implementation of licensing requirements is necessary for both online and retail sportsbooks, as well as their service providers.
  • Allow brick-and-mortar casinos, off-track betting sites, and racetracks the permission to provide wagering services.
  • Permit the existence of independent sportsbook operators that solely operate online.
  • Implement a 15% tax on gambling revenue for the state.
  • Venue owners will receive a 1% excise tax on ticket sales for in-state events.

On Tuesday, the bill with those amendments was approved by the Massachusetts House, redirecting attention to the Senate. However, the situation took a turn for the worse in the Senate.

On Wednesday night, the Senate proceeded with its own rendition of the economic stimulus package, excluding any amendments related to sports wagering. The prevailing sentiment among senators was that incorporating gambling expansion into an economic recovery bill was not deemed the most appropriate approach.

Senator Eric Lesser, a staunch advocate for legalization, firmly stated his position.

Even though the amendments failed to pass in the Senate, there appears to be a final opportunity to legalize sports betting in 2020. Currently, everything depends on the Senate’s decision.

The last hope for a sports betting bill this year

The COVID-19 pandemic can be held accountable for the change in legislative priorities, but it could also provide an opportunity for extending the legislative session.

The ongoing session is scheduled to conclude on Friday, July 31. Although the House has already approved a resolution to prolong the session, the Senate has not yet agreed as of the start of Thursday.

State legislators did not view gambling expansion as a high priority before the Friday deadline. However, given additional time, there is a possibility of political negotiations occurring to garner the required support in the Senate.

The approval of such a bill by the Senate cannot be ensured even with an extension. The outcome will solely rely on the proponents’ ability to pitch and convince others.

In the event that the Senate rejects the extension or the legislature fails to pass a bill during the extended term, proponents of the cause will have the opportunity to make another attempt in the following term. Consequently, it is expected that the legalization of wagering in the state will not occur before late 2021.

While there is still a glimmer of hope, it appears highly unlikely that sports betting will be legalized by the Massachusetts legislature this year. Senators, at the very least, do not consider gambling expansion as a component of their economic recovery plan.

While the Massachusetts Gaming Commission (MGC) may not currently be occupied with drafting sports wagering regulations, they will still have a busy schedule dealing with discussions on the establishment of a third commercial casino, which has been a major topic among legislators this week.

A third commercial casino in Brockton?

Legislative actions this week brought up the ongoing dispute regarding the occupation of “Region C” in Massachusetts, which revolves around the question of whether a third commercial casino in Brockton or a tribal casino near Taunton will prevail.

The economic package put forth by the House included a request for the MGC to provide an update to the legislature regarding the progress of Region C by October 1st. Rush Street Gaming, along with other developers, has expressed their interest to the MGC.

However, the uncertain status of the Mashpee Wampanoag Tribe’s plans to establish their own casino is causing delays in the process. The Massachusetts Gaming Commission (MGC) has a preexisting agreement with the tribe, which prohibits the presence of a commercial casino in the area.

Currently, the issue of the tribe’s reservation maintenance is interconnected with both an ongoing appeal in a federal court and deliberations taking place in Congress.

The future of sports betting in casinos, as well as the possibility of a third commercial casino in the state, will be determined in the upcoming months. However, the decision regarding sports wagering might still be far from reaching a conclusion.