Kansas Online Gambling Laws

The state of Kansas did not impose gambling restrictions until the voters in 1986 voted to amend the Kansas Constitution, legislators passed the Kansas Parimutuel Racing Act in 1987, and created the Kansas Racing Commission to regulate, license, issue permits and tax horse and dog racing and pari-mutuel wagering and racing. In 1995 by executive order, the State Gaming Agency was established to fulfill the state’s obligation to the tribal-state gaming compacts, the Tribal Gaming Oversight Act was passed in 1996, this allowed for gaming facilities to operate on native land in the State of Kansas. In 2007, the Kansas Expanded Lottery Act was laid before legislators and was passed, the act allowed for the owning and operating a “destination casino resort.” The act was taken through the courts, on its constitutionality, and in June 2008 Kansas Supreme Court ruled that it was constitutional.

To this day, online gambling, however, is the one form of gambling the State of Kansas has not written any specific laws, and it remains unregulated. In 1996 the Kansas Attorney General expressed the opinion that he felt gambling online outside or inside of Kansas borders was illegal. But at that time, as now, nothing in the KRGC laws state anything about online or Internet gambling. That is not to say that Kansas legislators did not try to amend the gambling laws in 2013 by introducing a Senate Substitute for HB 2056, a bill amending conceal carry laws. The Senate Sub. was written to ban online gambling in an around about way but passage of this amendment was voted down and was never signed into law.

According to some, Kansas residents have only to worry about the age limit, legal age is 21 for poker, casino games and online sports. Other then that residents are free to gamble on the wide array of sites available. Many may ask the question, “If I use my computer to gamble, does that not make it a “gambling device?” The logical answer is personal computers more than likely fall under the category of “amusement device” simply because it is not exclusively designed or manufactured for the sole purpose of gambling.

But the KRGC could technically say they do have laws that regulate online gambling simply because under law, any kind of betting is illegal if it is not done under regulated controls. They have also written law against commercial gambling, which could put online gambling sites and their owners liable for their actions. Of course, this is not been challenged in the courts and more than likely will not now or in the near future. This is why Kansas residents that take pleasure in gambling should make sure that online sites they visit have licenses and are regulated.

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