With a strong opposition to gambling, GOP State Representative Mark Kahrs of Wichita, Kansas requested Attorney General Derek Schmidt to give his non-binding legal opinion of a legislative proposal that would legalize fantasy sports leagues within the state of Kansas. Schmidt found that allowing the option would not be in violation of a ban on private lotteries in the Kansas constitution.

Kahrs had raised the issue on the subject of legalizing fantasy sports leagues because the Senate and House were to take final votes on the new proposal this week. Back in August of 2014, the Racing and Gaming Commission of Kansas had announced they viewed fantasy sports leagues as illegal lotteries. The bill was created in response to this admission by the Commission.

Schmidt stated that a key element to a lottery is that chance is the determining factor to the outcome. In his opinion he noted that the fantasy sports league proposal says that the results of a contest reflects the relative knowledge and skill of the participants. Schmidt found that there is no constitutional provision that prohibits such a league from existing.

Kahrs sought the opinion of Schmidt because he felt there was a level of uncertainty of the proposal and it was not due to the fact he is opposed to fantasy sports. Such opinions as the one given by Schmidt are not binding but Kahrs has stated he will not contest it as the opinion provides certainty in the law.

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