Ohio lawmakers still undecided on DFS

State lawmakers revealed in their annual report that they have not yet completed a detailed consideration of the issue but plan to mull it further in 2016.

The State House’s Permanent Joint Committee on Gaming and Wagering has suggested that DFS should be studied, with the report recommending:

“Time has not permitted this committee to extensively review the details of daily fantasy sports play in 2015. In light of recent events, however, it would be wise to explore the issue further, either through the efforts of this committee or possibly through legislation in the Ohio House and Senate.”

Eight US states has so far found that DFS is de facto gambling, although DFS companies like DraftKings and FanDuel continue to argue against that view, saying that competitions are games of skill.

Ohio laws likely would need to be changed regardless if skill or luck is involved, said Sen. Bill Coley, who chairs Ohio’s joint gaming committee.

“If it is gambling, then it’s illegal under Ohio law,” Coley told local media. “If it’s a game of skill, (then) it doesn’t seem to cleanly fit into the skill-game definition under the Ohio Revised Code. There’s a lot of ambiguity.” Coley added that lawmakers would discuss the issue during a retreat planned this month.

“We’ll discuss options with members and make a decision about whether to formulate legislation after the caucus retreat. It would still have to go through the entire legislative process,” he said.