For any other Georgians out there, this is what I am sending:
[email protected] District 171 House Ways and Means Chairman 404.656.5103
[email protected] District 16 House Ways and Means Vice Chairman and Co-sponsor 404.657.1803
[email protected] District 118 Co-sponsor 404.656.0265
[email protected] District 106 Co-sponsor 404.463.3793
[email protected] District 98 Co-sponsor 404.656.0298
[email protected] District 49 Co-sponsor 404.656.5064 Sponsor
[email protected] District 97 404.656.9210 My representative
RE: Georgia House Bill 118 “Fantasy Contests Act” (“HB 118”)
I am concerned about what I believe will be an unintended consequence of the Fantasy Contests Act. I am therefore respectfully requesting
season long fantasy contests be specifically excluded from HB 118.
First, a little about myself. I am a life-long Georgian. My antecedents arrived in Georgia just north of Savannah in 1747. I attended two universities in Georgia and have been a registered voter here since 1978. I was married here, raised my children here, have had two successful careers here and have a current Georgia CPA license.
I have participated in traditional season long fantasy football and baseball leagues since I became an adult. Since 2004, I have participated in season long events offered on a national level by one source and its’ successors. I was very pleased in 2006 when season-long fantasy games became protected under the federal Unlawful Internet Gambling Enforcement Act (UIGEA) which gave guidelines on how season-long games can pay cash prizes and be legal.
I would submit that season long fantasy contests are fundamentally different from the daily fantasy sports (“DFS”) contests offered by companies like Draft Kings and Fan Duel. While I have participated in DFS contests infrequently and sporadically in past, I believe the season long contests and DFS are so different that they should not even be included in the same legislation. I believe the fundamental differences are:
• The participants in season long fantasy contests are enthusiasts who rely on skill in order to participate and enjoy this hobby. The target audience of Draft Kings and Fan Duel are typically not the season long fantasy enthusiasts.
• Unlike DFS, the companies that run national public fantasy season long leagues may allow for both live and online participation. The league members (typically 10 to 15 participants) take turns drafting real players to form their fantasy team roster or use a list of real players with established “value” to construct a roster within a fantasy salary cap.
• While a customer may play in multiple season long contests, due to the level of effort and time commitment require, a season long participants typically limit the number of teams they have.
• Participant’s draft their fantasy teams with others from their league before the season begins (for example March/April for baseball; August/September for football) and must wait until the season ends in order to recognize the winners.
• The participants improve their team throughout the season as the individual contest rules allow (most commonly via a pool of undrafted real players or trades between participants) and otherwise actively manage their rosters throughout the entire season by setting a starting lineup periodically throughout the season (for example each week) by choosing among the available players on their roster (“starters” and “reserves”).
• Throughout the season, the season long participant must address the changing dynamics which occur during the season such as promotions, demotions, role change, and injuries.
As with most serious hobbies, the participants make long commitments to study, track, manage and “live” their teams while waiting as long as six months in order to achieve the desired results and realize any rewards. Season long participants are really enthusiasts. No one else would put so much effort and wait so long for satisfaction.
In DFS however, the results are, as implied by the label, daily. You simply pick your team, and by the end of the day’s games, that is it. As such, DFS is much more subject the professional participant who may even use computer generated algorithms in order to maximize roster construction and promulgate multiple entries (reducing by volume the chances of success for the more casual participant).
In my opinion, both contests are games of skill. However, it is a matter of degree. There is no question season long is a far more skillful game requiring long-term commitment to a single contest. Season long contests are a series of hundreds or even thousands of decisions throughout the course of your team’s season. The more decisions, the more skill involved. Season long contests do not attract professional or even casual gamblers. Nor does season long contests enable gambling addictions. The level of effort and the time it takes to win your reward are simply too great.
And, as a result, by percentage of participation and number of potential contest involvment, the season long aficionado is a much smaller cousin to the DFS participant.
On a personal note, I will also add that there is positive interaction and camaraderie in full season leagues not found in DFS. There is banter during the draft and throughout the year. Positive friendships are made time and time again. I have made lifelong friends from other parts of the country that range from a letter carrier in Florida, to a farmer in Iowa, to New York businessmen, California financial advisor, actors, performers, directors, retirees, teachers, and on and on and on. This personal nature I feel separates season long fantasy contests from other contests which may be viewed as game of chance played for money.
DFS is a game of skill that I do not equate to a game of chance, but DFS has little to none of this personal nature. I feel this is an important distinction. There is no draft, no active chat room, no discussion whatsoever, and the contest is over the same day.
I believe the intent of HB 118 is targeted more at the DFS space and perhaps intended to protect DFS participants. I believe some of the driving force behind enacting bills such as HB 118 (and sister legislation in other States) are the two largest DFS providers, DraftKings and FanDuel, who will use the fees and taxes in order to mitigate competition. HB 118 will create a serious barrier to entry into the DFS space as well as drive out current small business operators who already struggle to survive. The best protection for consumers is competition. Less competition is bad for DFS participants, but good DraftKings and FanDuel, who as you know announced in November 2016 their intent to merger.
But I am not attempting to argue here the merits of HB 118 as a whole. If one of the purposes of HB 118 is consumer protection and, as I mentioned early, season long participants are already protected UIGEA and therefore HB 118 would not afford any measurable incremental protection.
I believe the other intent of HB 118 is to generate revenue to the State of Georgia. Season long fantasy participation is a significant minority when compared to DFS, both in number of contests available and participation. Conversely, the fees and taxes proposed in HB 118 would reduce the prize pool available to the season long contest winners (who, by the way, already receive 1099’s and therefore are already subject to Georgia tax). To exclude season long contests from HB 118 would not have a material impact on revenue generation for Georgia.
In any regard, an unintended consequence of HB 118 as written will be to seriously restrict if not destroy the full season fantasy contests, whose Georgia participants, as I mentioned early, are hobbyists and enthusiasts who rely on skill and patience in order to succeed.
Please specifically exclude from HB 118 season long fantasy contests.
Thank you for your consideration.
Baseball is a slow, boring, complex, cerebral game that doesn't lend itself to histrionics. You 'take in' a baseball game, something odd to say about a football or basketball game, with the clock running and the bodies flying.
Charles Krauthammer