Sports wagering operators and other licensees would be subject to heightened background and criminal record checks, as well as pay considerably more in application and renewal fees, in the N.C. House version of the legislation filed Monday.
Bipartisan House Bill 347 has Rep. Jason Saine, R-Lincoln, and House Conference chairman as lead bill sponsor. Rep. Ashton Clemmons, D-Guilford, is among the four primary sponsors.
Saine said in November, in his role as House sponsor of sports wagering bill Senate Bill 688, that “whether this bill rises or falls, this issue is still going to be out there the next session and the next session and the next session.”
Meanwhile, the Senate has not refiled SB688 that cleared its chamber by a 26-19 vote in August 2021, only to go unheard in the House until the final 10 days of the 2022 session.
SB688 reached the House floor on June 22, where it was voted down 52-49 with 32 Republicans and 20 Democrats voting no. They represented a mix of anti-gambling social conservatives and anti-poverty progressives.
HB347 contains much of the language in SB688, but has been expanded from 19 to 24 pages mostly to accommodate the background, criminal records and disciplinary records check requirements.
“If the legislation faces a tougher challenge in the House, supporters might want to be certain they can get a measure through that chamber first,” said Mitch Kokai, senior policy analyst with conservative think tank John Locke Foundation.
“Senators are unlikely to want to waste time and energy on the bill if it’s going to die once it crosses to the other side of the building.”
North Carolinians would be limited to wagering on professional and electronic sports with a select group of 10 to 12 wagering operators.
Sports wagering operators, as well as other licensees, would be required to report any criminal or disciplinary proceedings involving any personnel, and all new personnel would be subject to background checks.
Each sports wagering operator would be required to provide a daily summary of all sports wagering activity, including all transactions, by the close of each business day.
Increased fees
The distribution split remains 60% to the state General Fund, 30% to the N.C. Major Events, Games and Attractions Fund, and the rest to various sports-oriented initiatives.
HB347 would raise the application fee for a sports wagering operator from $500,000 to $1 million.
The service provider license fee would go from $25,000 to $50,000, while the supplier license fee jumps from $15,000 to $30,000.
The bill would increase renewal fees from $100,000 to $1 million for interactive sports wagering license, as well from $10,000 to $50,000 for service provider license, and from $5,000 to $30,000 for supplier license.
There would be a 14% privilege tax on operators, up from 8% in SB688, on adjusted gross revenue.
The sports wagering operator’s license would not be transferrable or assignable without commission permission.
Operators would have to maintain at least a $500,000 reserve, or the amount of outstanding wagers as money due, whichever is greater. The reserve can be in the form of bond or irrevocable line of credit of at least $50,000 and no more than $2 million, or payment processor reserves and receivables, cash or letter of guaranty.
HB347 allows for government created entities, such as statutory authorized pension investment boards and Canadian Crown operations, to be exempt from ownership and control disclosures. The same would apply for investment funds and entities registered with the Securities and Exchange Commission.
Other changes
HB374 specifies that sports wagering can be allowed at the home of the Carolina Hurricanes, Carolina Panthers, Charlotte FC, Charlotte Hornets, Carolina Courage and any future Major League Baseball team.
Other additions include what is known as “geofencing,” which allows the sports wagering operator to verify a registered player’s geolocation before they place a wager.
It would allow wagers to be placed on not only a sporting event, but a portion of the event, an individual athlete’s performance and a parimutual wager.
HB347 clarifies that fantasy sports leagues would not be subject to the sports wagering law.
HB347 would not allow any in-person greyhound racing in the state.
The N.C. Division of Parks and Recreation would receive $1 million annually in proceeds — up from $500,000 in SB688 — in which each county receives $10,000 toward buying youth sports equipment, or pays for facilities upgrades and improvements.
Seven University of North Carolina member schools would receive up to $300,000 each in proceeds: Winston Salem State, Elizabeth City State, Fayetteville State, N.C. A&T State, N.C. Central, UNC Asheville and UNC Pembroke.
SB688 contains providing about $5 million combined — or 10% of net tax proceeds annually — to those seven universities. HB347 would provide a similar additional distribution if funds are available.
The N.C. Outdoors Heritage Advisory Council would receive $1 million annually toward the recruiting of sports events into North Carolina, which would include $5,000 per county to help with sports teams’ ability to travel in or outside N.C. to sports events or other team activities.
How we got here
Sports wagering has been another socioeconomic issue that is splintering Democrats and Republicans.
SB688 co-primary sponsors Sens. Jim Perry, R-Lenoir, and Paul Lowe, D-Forsyth, have emphasized “that we would go from getting no revenue from an illegal activity in this state to generating (up to $50 million) in annual revenue,” Perry said.
SB688 was defeated in the House even though legalized betting in collegiate sports in North Carolina was removed via an amendment submitted by Rep. John Autry, D-Mecklenburg.
Raleigh TV station WRAL reported ln June that that North Carolina’s eight professional sports team franchises or entities want eight of 12 sports wagering operator licenses available to be allocated to them.
The other four entities are NC Courage (National Women’s Soccer League), Charlotte Motor Speedway, PGA Tour and NASCAR.
“It gives us a better opportunity to maximize the revenue,” Carolina Hurricanes team president Don Waddell told WRAL. “We can’t get money from gambling. We’re going to get money from sponsorship and if we do a restaurant or something like that.
“So, this gives us a better opportunity to capitalize on the amount of money that these people are going to make.”
Odds of passing
Before the 2023 session began, Wake Forest political science professor John Dinan said that “of the three main policy issues that could be enacted — medical marijuana, Medicaid expansion and sports gambling — legislative leadership appears determined to move sports gambling.”
Since the session began, a Medicaid expansion bill has been fast-tracked through the House and likely is set for a Senate floor vote this week.
Meanwhile, medical marijuana bill Senate Bill 3, titled “NC Compassionate Care Act,” was passed by a 36-10 vote on third reading March 1.
However, as was the case with the 2022 version of the legislation, it’s unclear whether House Republican leadership will allow SB3 to be placed in a committee, much less advance to a floor vote.
During the 2022 House floor debate on SB688, several House legislators, including Reps. Pat Hurley, R-Randolph, Keith Kidwell, R-Craven, and Abe Jones, D-Wake, cited moral and ethical reasons in opposing what they consider a state-sponsored extension of gambling.
Autry cited gambling scandals involving N.C. collegiate sports as the impetus for his amendment prohibiting wagering on college sports, in particular the men’s basketball Dixie Classic that was held from 1946 to 1960 on N.C. State’s home court.
The tournament was disbanded after a point-shaving scandal in 1961 involving players from both N.C. State and North Carolina.
“I am troubled about the opportunity for corruption ... that the social costs associated with gambling are significant,” said Rep. Pricey Harrison, D-Guilford.
“We’re talking about $25 million to $50 million in potential revenue, but with hundreds of millions of dollars in social costs to North Carolina.”
An amendment from Rep. Joe John, D-Wake, was approved 101-0 that would prohibit on-site wagering on college sports from eight hours before and during the event, such as at PNC Arena in Raleigh where the Carolina Hurricanes and N.C. State share the facility.
Harrison said she was concerned that the level of advertising related to sports wagering would mushroom from the original intent the way that advertising for the state Education Lottery has morphed in recent years.
Kokai said that if HB347 advances to the House floor, it likely has better odds of passing, and then the Senate will have to decide whether to accept the changes to SB688 in HB347.
“We also have to remember that this a new House, thanks to the 2022 election,” Kokai said.
“Turnover in the chamber likely shifted the number of people willing to say yes or no to government-authorized gambling on sports.”
“If it never reaches the floor, we’ll know supporters never lined up enough support to feel confident about moving the measure beyond the finish line.”