US Law Roundup - 27 June 2001

27 June 2001
Staying on top of interactive gambling bills as they move through the United States' federal and state legislatures no longer entails hours of research, thanks to this biweekly update on U.S. state and federal legislation. The hot news this week on the U.S. law front comes from Nevada and Oregon, where both states' governors have signed legislation dealing with Internet gambling. One state has legalized online casinos, while the other has made cyber gambling an illegal activity.

NEVADA AB 466
Bill Summary Permits interactive gambling sites to operate from Nevada.
Bill Status Signed by Gov. Kenny Guinn June 14.
Latest Action The original bill, AB 296, was eventually incorporated into a companion bill, AB 578. At first, the bill steamrolled its way through both houses of the Nevada legislature, yet failed at the final step--by all accounts, suffering from a political tiff between the two houses--while awaiting a vote on the Senate floor. The legislation, however, was brought to back life under a little-known legislative move, whereupon it was piggybacked unto AB 466, a bill that creates a uniform, statewide system for issuing work cards to gambling employees. Gov. Guinn signed the legislation on June 14. The next step is for the Nevada Gaming Board and the Gaming Control Board to do an in-house survey of applicable legislation on the state and federal levels.
Outlook Internet gambling remains a couple years from becoming a reality in Nevada. There has been no determination whether the federal government could prevent a state or territorial government from offering interactive gambling services. Further, it remains unclear whether the Interstate Wire Act federally prohibits games of chance in addition to sports wagering activities.

OREGON SB 755
Bill Summary Prohibits Internet gambling.
Bill Status Signed by Gov. John A. Kitzhaber June 21.
Latest ActionTo enhance its chances of passage, SB 755 was amended to permit racetrack hubs to offer interactive betting services via the Internet as part of a closed loop system. It has passed both houses and was sent to Gov. Kitzhaber for his signature. The bill has been re-christened as 755B and will be enacted later this summer.
OutlookWith the bill's passage, Oregon now joins a very select group of states that have banned Internet gambling. Other states to prohibit Net betting include Illinois, Louisiana, Michigan and South Dakota.

CALIFORNIA AB 1229
Bill Summary Prohibits interactive gambling.
Bill Status Passed out of the California Assembly; scheduled to be heard by the Government Organization Committee July 3.
Latest Action AB 1229 was passed by the Assembly May 30 with a 61-2 vote. It was scheduled to be heard by the senate Government Organization Committee, but Frommer cancelled the hearing to do some work on the bill. The hearing has been rescheduled to July 3.
OutlookBased on the background of the bill's author, Assembly Member Dario Frommer (D-Glendale), AB 1229 has good chance of passing. Frommer previously worked as appointments secretary to California Governor Gray Davis and as an advisor to Davis in previous positions. Frommer also served as a chief of staff to former Senator Art Torres. On the other hand, the California legislature has been battling an energy crisis that has sent rolling blackouts throughout the state. This issue has taken precedence over many other matters facing the state government. AB 1229 could end up fading from consideration for this reason, dying before a full vote by the California legislature. Meanwhile, Frommer's office claims that AB 1229 has garnered little comment. Previous bills that would ban interactive gambling in California have failed.

U.S. VIRGIN ISLANDS Bill No. 24-0046
Bill SummaryPlaces a regulatory structure to permit interactive gambling from the Virgin Islands.
Bill Status On the agenda for a hearing to be held June 29.
Latest Action This bill was heard by the Senate Committee for Economic Development, Agriculture and Consumer Protection, where two amendments were proposed. Following meetings on May 11 and 14, the committee requested legal analysis from both the Secretary General of the Virgin Island Department of Justice and the legislative legal counsel. During the upcoming hearing, these two reports will be considered. In addition, a number of people are scheduled to give testimony before the board about the bill.
Outlook Unsure. As with the Nevada bill, whether the federal government could prevent a state or territorial government from offering interactive gambling services hasn't yet been determined. Further, no definitive decision has been made regarding whether the Wire Wager Act prohibits games of chance in addition to sports wagering.

Bills Awaiting Action

A number of bills have been introduced during the current legislative session that have not seen any action of late.

Federal

Unlawful Internet Gambling Funding Prohibition Act - HR 556

This is the second attempt by Rep. James Leach, R-Iowa, to prohibit Internet gambling by making it nearly impossible for Americans to pay for their online gambling activities. The bill was introduced in February 2001 and sent to the House Judiciary and Financial Services Committee, where it still remains. While the bill has yet to see any action in committee, there is a possibility that a prohibition bill containing similar language to HR 556 could be introduced this session by Rep. Bob Goodlatte. A spokesman for Leach indicated that the congressman is working hard for the bill to be considered by the committee.

Internet Gambling Prohibition Act

Although Rep. Bob Goodlatte, R-Va., hasn't actually introduced this year's version of the bill; its day is coming soon. A spokesperson for the congressman confirmed that Goodlatte plans on presenting his prohibition bill following the 4th of July recess. Rumor has it that this year's edition will take a page from the Leach Bill, adopting language that would block various payment methods used for Internet gambling activities.

For background on Goodlatte's efforts, IGN has compiled a list of action on HR 3125, the Internet Gambling Prohibition Act of 2000.

Amateur Sports Integrity Act - S. 718

On April 5, Sen. John McCain, R-Ariz., introduced S. 718 to outlaw betting on all amateur sporting events in Nevada (the only state that allows sports betting), including college and Olympic events.

S. 718 has been the focus of several hard-fought battles between senators, and featured swipes that Muhammad Ali would have envied in his prime. Despite these battles in the Senate Commerce Committee, S. 718 managed to survive, earning a 10-10 tie vote on May 3. The bill has since been placed on the Senate legislative calendar. No date for the vote has been set. A spokesperson for McCain explained that the senator will introduce his legislation as an amendment to another bill, as yet unnamed, when it's most likely to be passed.

In an effort to jump start action on the bill, a press conference is slated for June 27, followed by visits with legislators to discuss the bill.

State

Oregon: HB 2823

This Net betting prohibition bill was introduced around the same time SB 755 was brought before the state senate. Since then, HB 2823 has languished in the House Judiciary Committee, where it's unlikely to leave.

New Jersey: A-3150

This controversial bill would authorize currently licensed land-based casinos in New Jersey to offer the same games over the Internet. Unlike the Nevada bill that passed, New Jersey's A-3150 has failed to garner great support among legislators and casino operators. The bill currently resides in the Commerce, Tourism, Gaming and Military and Veterans Affairs Committee, where it was sent on January 18. The bill's author, Assemblyman Tony Impreveduto, has since vowed to re-introduce the bill if the original one isn't passed.

Indiana: HB 1042

This bill prohibiting Internet gambling failed to gain support among Indiana legislators. It has languished in the Public Policy and Ethics and Veterans Affairs committee since January. According to the bill's author, it's unlikely to see further action.

Iowa: HF 13

This bill, first introduced in January before being sent to the House Standing Committee on State Government, would prohibit a person from using the Internet to conduct or participate in a lottery or in a game for any sum of money or property, to make a bet, to engage in bookmaking, or to deliver a wager for a fee. The bill has seen no action since that time and remains unlikely to be passed out of committee.