New Massachusetts bill to eliminate in-play bets, massive tax hike, affordability checks

Massachusetts is known as one of the most stringently regulated legal betting states in the US. But Keenan’s proposal goes beyond current restrictions. Currently, Massachusetts bettors can make in-play wagers, but cannot place prop bets. The law also already bans betting on Massachusetts state college teams, unless the teams are playing in a tournament.

Operators have struggled with this — BetMGM, DraftKings, FanDuel and others have been fined since digital go-live in March 2023.

Bet limits and 51% tax proposed

In addition, Keenan’s proposal would limit how much bettors can wager in a day or month — $1,000 or $10,000, respectively — without an affordability check. No US state currently mandates affordability checks. According to the bill text, daily or monthly wagers cannot exceed “15% of the amount” in a bettor’s bank account.

For the second time in two sessions, Keenan is proposing bumping the digital betting tax rate from 20% to 51%. His attempt in 2024 would have been part of the state budget bill, but was rejected.

The latest proposal also addresses another issue that has been in the news by banning “compensation for any percentage of wagers or deposits placed by a customer of the operator or sports wagering operator.” VIP hosts at many national sportsbooks are paid a commission based on customer deposits or bets.

Among other changes, Keenan is proposing to double the amount that operators are required to contribute to problem and responsible gambling initiatives from $1 million (£821,828/€969,400) to $2 million. This is in addition to being taxed.

Operators would also be subject to more stringent advertising rules, including a ban on wagering ads during televised sporting events. The Massachusetts Gaming Commission explored a similar ban, but determined that it could not practically be enforced, particularly for nationally televised events.