West Virginia House of Delegates Minority Whip Shawn Fluharty, D-Ohio, welcomes attendees to this week’s National Council of Legislators from Gaming States Summer Meeting in Pittsburgh on Wednesday. (Photo Provided)

CHARLESTON — Work to expand access to iGaming and online betting while regulating the young industry and protecting consumers is being led not by a Republican in West Virginia, but a Democratic lawmaker.

House Minority Whip Shawn Fluharty, D-Ohio, now leads the National Council of Legislators from Gaming States as its president, taking the reins of the organization in January. The bipartisan group works on issues related to gaming, such as lotteries, physical and online casinos, pari-mutuels (greyhound and horse racing) and the state and federal regulations on these activities.

The NCLGC wrapped up its three-day 2024 Summer Meeting on Saturday at Rivers Casino in Pittsburgh. More than 300 attendees, including 100 lawmakers from states across the nation, attended the event. Topics included promoting responsible gaming, new and emerging kinds of gaming, the connections between gaming and economic development, providing effective consumer protections and more.

The biggest topic at the NCLGC Summer Meeting was iGaming and proposed iGaming model legislation for other states. iGaming is a broad term for any online betting, such as sports betting, online casinos and other gaming done through mobile devices or computers.

“We’re working with legislators and regulators throughout the country to put together what we’re calling model legislation so that other states can have a framework in place to go off of,” Fluharty said.

According to LexisNexis, iGaming is only available in West Virginia, Connecticut, Delaware, Michigan, New Jersey, Pennsylvania and, most recently, Rhode Island.

Fluharty said he expects the industry to grow to other states.

But model iGaming legislation will help other states with implementation.

“I think we’re getting there in other states,” Fluharty said. “I do think there was a bit of an education gap with lawmakers on the subject. … Now that I’m president, we’re working to close that education gap with the public and lawmakers. It’s one thing to say, ‘Hey, it makes money,’ but it’s another thing to get in the weeds on why that’s good policy. And when you’re shrinking the black market and you’re protecting consumers with consumer protections with responsible gaming aspects to this that don’t exist in a black market, it’s good sound policy all around.”

“All eyes are on NCLGS in the gaming world as Del. Fluharty leads a national project to fashion model iGaming legislation, so legislators across the country can learn from states that have legalized as they contemplate legislation in their own states,” said NCLGS Executive Director Josh Faber in a statement Friday.

West Virginia was an early adopter of sports betting and online casinos. House Bill 2934, passed by the Legislature in 2019, created the West Virginia Lottery Interactive Wagering Act. The year before, the Legislature passed Senate Bill 415, creating the Sports Lottery Wagering Act.

According to a 2023 financial report from the West Virginia Lottery, sports betting brought in approximately $5 million in revenue in fiscal year 2023, while interactive wagering brought in approximately $20 million. West Virginians have access to several options, including BetMGM, BetRivers, DraftKings, Caesars Palace and FanDuel.

“Luckily, we worked really hard in West Virginia to produce a good product that has generated hundreds of millions of dollars in revenue and – most importantly – new revenue without raising taxes. That’s something that should get discussed more when it comes to iGaming.”

“We moved quickly on sports betting and iGaming, and now other states are looking at it and realizing based upon states like West Virginia, this is a good idea and it’s going to produce hundreds of million dollars in revenue,” Fluharty continued. “More importantly, it’s going to help protect constituents from an unregulated black market where they’re playing already. It’s already going on.”

Fluharty, as House minority whip, is used to leading the opposition to the Republican supermajority in the House and bringing rhetorical fire to floor debates. But despite being in a minority, Fluharty has worked in a bipartisan manner in the Legislature. NCLGC leadership includes state Sen. Jason Barrett, R-Berkeley, as secretary. And many successful gaming bills over the last few years either have Fluharty as a lead sponsor or co-sponsor.

“One good thing about them is they’re not what I would call divisive political bills,” Fluharty said. “It generally garners support from both sides of the aisle, and that’s a rarity these days. I also think the fact that I’ve worked my way into this prominent role as president of the national group, that comes with credibility in the space.”

One of the bills passed earlier this year with House Speaker Roger Hanshaw, R-Clay, and Fluharty as co-sponsors was House Bill 5668, the Responsible Gaming and Research and Industrial Development Act. The law allows West Virginia University access to gaming data collection for research purposes.

“Now we’re taking an R-1 research institution like West Virginia University, and we’re creating a new program where students can come to WVU and really be at the forefront of this ever-evolving space and potential jobs going forward,” Fluharty said. “That’s an incredible opportunity, and I’m glad that we capitalized on it.”

As the NCLGC Summer Meeting comes to a close, Fluharty said members continue working on iGaming expansions while also being proactive about the next generation of iGaming choices and how to allow consumers to take part while also protecting them

“I think now that we’re in this reflective period … player protection remains paramount going forward, and as the new data comes in and technology changes, I think the regulatory side is becoming a hot button issue and something we’ll be looking at further,” Fluharty said.