New Georgia Sports Betting Bill Legalizes Without Constitutional Amendment

• A new Georgia sports betting bill was introduced to the Senate last night
• The bill will legalize retail and online sports betting without the need of a constitutional amendment
• The Atlanta Braves support the legislation

An intriguing Georgia sports betting bill has been introduced to the Senate and would legalize sports betting in the Peach State without the need for a constitutional amendment.

The bipartisan bill, SB 386, is sponsored by 16 senators, including Sen. Gloria Butler (D-55), the Senate Minority Leader. According to the Atlanta Journal-Constitution, the bill has the support of several Georgia professional sports teams.

Unlike other pieces of Georgia sports betting legislation, it does not call for an amendment of the Georgia constitution.

Support From High Places

In addition to Georgia sports teams, the legislation also has the support of Gov. Brian Kemp (R) and Lt. Gov. Burt Jones (R), according to Georgia politics reporter Rahul Bali for WABE News.

Bipartisan Bill Filed To Legalize Sports Betting In Georgia

It would be under the Georgia Lottery with taxes going to the HOPE Scholarship and Pre-K programs.

Read SB 386: https://t.co/V9vv1uJ8Sa

It has the support of the Governor, Lt. Governor & Senate Minority Leader. #gapol pic.twitter.com/rXeJhiBbuu

— Rahul Bali (@rahulbali) January 25, 2024

The bill would legalize online sports betting and allow for 16 sports betting licenses in the state. The Georgia Lottery Corporation would regulate sports betting and make sports betting a lottery game, which would allow for its legalization without a constitutional amendment.

The bipartisan bill calls for a 15% tax on adjusted gross sports betting revenue. Licenses would cost $1 million annually to renew and applicants would have to pay a $100,000 application fee.

It would allow for bets on college sports.

The bill accounts for a total of 16 online sports betting licenses, with the numbers breaking down as follows:

• Five for Georgia professional sports teams
• One for a professional sports governing body that holds one or more sanctioned annual golf tournaments on a national tour of professional golf in this state, and has held one or more of the same or different sanctioned annual golf tournaments on a national tour of professional golf in this state for at least 30 years
• One for the owner of a facility that has held an annual invitational golf tournament for professional and amateur golfers for at least 30 years
• One for the owner of a facility located in this state that hosts automobile races on a national association for stock car racing national tour or a wholly owned for-profit subsidiary of the owner of such a facility, if the owner is a nonprofit corporation or nonprofit organization
• One for the Georgia Lottery Corporation

The remaining seven licenses will be awarded by the Lottery Corporation through a public procurement process.

Unlike a bill that would require a constitutional amendment, SB 386 will only require majority approval in the senate and house. A constitutional amendment needs two-thirds majority to pass and would have to be approved by Georgia voters at the polls in November.

Second Proposed Bill

The bipartisan bill is the second to be introduced in the senate this session, though the first to be introduced without the need for a constitutional amendment. Sen. Bill Cowsert (R-46) recently introduced SB 172, which calls for the creation of the Georgia Sports Betting Commission to regulate and enforce sports betting in the state.

The commission will issue sports betting licenses to qualified applicants that are “able to meet the duties of a license holder under this chapter and that the commission determines will be best able to maximize revenues for the state.”

Cowsert’s bill calls for the creation of two types of sports betting licenses. A type 1 license will allow a holder to offer online sports betting and partner with up to one online sports betting company for its services. A type 1 license will cost $100,000 in application fees and $1 million annually to hold.

Type 2 licenses will allow for retail sports betting and will cost $10,000 in application fees and $100,000 annually to hold.

In total, the commission will have the power to authorize at a minimum six type 1 licenses to applicants, with no maximum amount of type 1 licenses being set in the state. Five to 10 type 2 licenses will be awarded by the commission. At least one of the type 1 licenses will be earmarked for the Georgia Lottery.

The piece of legislation sets a 25% tax rate on adjusted gross income for parlays, prop bets, and live bets. It also includes a 20% tax rate on adjusted gross income from all other wagers.

Betting on collegiate sports would be allowed in the bill, yet collegiate prop bets would not be accepted.