Fluharty leads bipartisan group of West Virginia lawmakers seeking to bet on iGaming expansion

West Virginia House of Representatives Minority Leader Shawn Fluharty welcomes attendees to the National Council of Legislators of Gaming States Summer Meeting in Pittsburgh on Wednesday. (Photo provided)

CHARLESTON — Work to expand access to iGaming and online gambling while regulating the fledgling industry and protecting consumers is being led not by a Republican in West Virginia, but by a Democratic lawmaker. House Minority Whip Shawn Fluharty, D-Ohio, now leads the National Council of Legislators from Gaming States as chairman and will take over as president in January. The bipartisan group works on issues related to gambling, such as lotteries, land-based and online casinos, pari-mutuals (greyhound and horse racing), and state and federal regulation of these activities. The NCLGC wrapped up its three-day 2024 Summer Meeting Saturday at Rivers Casino in Pittsburgh. More than 300 attendees, including 100 lawmakers from states across the country, attended the event. Topics included promoting responsible gambling, new and emerging types of gambling, the connections between gambling 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 all forms of online gambling, such as sports betting, online casinos, and other forms of gambling played via mobile devices or computers.
“We’re working with legislators and regulators across the country to put together what we call model legislation so that other states can have a framework to build on,” 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 to that point in other states as well,” said Fluharty. “I think there was a bit of an education gap with legislators on this issue. … Now that I’m president, we’re working to close that education gap with the public and legislators. It’s one thing to say, ‘Hey, it makes money,’ but it’s another thing to get into the details of why that’s good policy. And if you’re shrinking the black market and you’re protecting consumers with consumer protections with responsible gaming aspects that don’t exist in a black market, then it’s good, sound policy.”
“All eyes are on NCLGS in the gaming world as Del. Fluharty leads a national project to model iGaming legislation so lawmakers across the country can learn from states that have legalized as they consider legislation in their own states,” NCLGS Executive Director Josh Faber said 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, which created the Sports Lottery Wagering Act. According to a 2023 financial report from the West Virginia Lottery, sports betting brought in about $5 million in revenue in fiscal year 2023, while interactive wagering brought in about $20 million. West Virginians have access to several options, including BetMGM, BetRivers, DraftKings, Caesars Palace and FanDuel.
“Fortunately, in West Virginia, we’ve worked very hard 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 be discussed more when it comes to iGaming.”
“We moved quickly into sports betting and iGaming, and now other states are looking at it and realizing, based on states like West Virginia, that this is a good idea and it’s going to bring in hundreds of millions of dollars in revenue,” Fluharty continued: “More importantly, it will help protect voters from an unregulated black market that they are already playing in. It is already happening.”
Fluharty, as House Minority Leader, is accustomed to leading the opposition to the Republican supermajority in the House and injecting rhetoric into debates. But despite being in the minority, Fluharty has operated in a bipartisan manner in the Legislature. NCLGC’s leadership includes Sen. Jason Barrett, R-Berkeley, as secretary. And many successful gaming bills in recent years have had Fluharty as a lead or co-sponsor.
“One good thing about these bills is that they are not what I would call divisive political bills,” said Fluharty. “It generally has support from both sides of the aisle, which is a rarity these days. I also think the fact that I’ve worked my way up to this prominent role as president of the national group brings credibility to 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 gives 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 creating a new program where students can come to WVU and really be at the forefront of this ever-evolving space and potential jobs in the future,” said Fluharty. “That’s an incredible opportunity, and I’m glad we seized it.”
As the NCLGC Summer Meeting draws to a close, Fluharty said members continue to work on iGaming expansions while being proactive about the next generation of iGaming choices and how consumers can participate while protecting them.
“I think now that we are in this reflective period… player protection remains paramount going forward, and as the new data comes in and the technology changes, I think regulation will become a hot button issue and something we will look at further,” said Fluharty.
Steven Allen Adams can be reached at [email protected]

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