US Law Roundup - March 2004

6 March 2004

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 monthly update on U.S. state and federal legislation. All was quiet on the state and legislative fronts this month in terms of I-gaming legislation. On the federal scene, the industry is waiting for the Senate to address the Kyl Internet gambling bill in the Banking Committee.

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State Legislation

Illinois HB 1515

Bill Summary HB 1515 would make it illegal for banks and credit card companies to facilitate payments for Internet gambling. Introduced by Illinois State Rep. Elizabeth Coulson, the bill would fine banks $1,000 per offense if they are found to have allowed wire transfers to be processed for online gambling transactions. The bill would also make all credit card debt resulting from online gambling null and void. Coulson told the Copley News Service that credit card companies would, under her bill, effectively put a stop to Internet gambling.

Bill Status The bill has been introduced to the House of Representatives Gaming Committee and awaits a hearing there. On March 13, it was referred to the Rules Committee.

Outlook Gaming Committee Chairman Rep. Lou Lang said he is not sure Coulson's bill is the best way to legislate Internet gambling. He told Interactive Gaming News: "At first blush, I'm not sure why we want to make financial institutions criminally responsible for people taking their money out of their bank account, which is basically what the bill does. Whether Internet gambling is or isn't legal, I'm not sure this is the appropriate place to put the enforcement mechanism."

Indiana HB 1172

Bill Summary House Bill 1172 would make Internet gambling by the consumer a Class B misdemeanor. The act of operating or promoting an online gambling service would be made a Class D felony. Authored by Representative Jerry L. Denbo, the bill would require that Internet sites to shut down if a law enforcement agency were to determine that a site promotes online gambling. Internet Service Providers would also be required to restrict access to sites that promote and offer online gambling.

Bill Status The bill received its first reading on January 13th, 2004 and was then referred to the Committee on Public Policy and Ethics and Veterans Affairs.

Outlook The bill is similar to a bill in Indiana's Senate and another Bill that failed both last year and the year before. Internet Service Providers are likely to oppose the bill.

Indiana SB 0186

Bill Summary
Bill Status The bill was introduced on January 6th, 2004 and had three readings before being passed and sent to the House on January 27th. The bill was read in the House on February 4th and then sent to the Committee on Public Policy and Ethics and Veterans Affairs.

Outlook Similar to House Bill 1172, this one could incite the wrath of Internet Service Providers if it makes it far enough.

Nevada AB 466

Bill Summary AB 466 permits gambling sites to operate from Nevada. 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 back to life by being piggybacked with AB 466, a bill that creates a uniform, statewide system for issuing work cards to gambling employees. Gov. Kenny Guinn signed the legislation on June 14, and the bill went into effect on July 1. The next step is for the Nevada Gaming Commission and the Gaming Control Board to do a survey of applicable legislation on the state and federal levels

Bill Status AB 466 went into effect July 1, 2001. The Commission has checked with the U.S. Department of Justice and found the bill to be in violation of federal law.
Outlook Internet gambling probably remains a few 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. Recent discussion of anti-Internet gambling bills in the U.S. House of Representatives Financial Services Committee couldn't solve the problem of overlap between state and federal laws. In late August, the U.S. Justice Department responded to an inquiry put forth by the Nevada Gaming Commission and Gaming Control Board regarding whether AB 446 is legal according to the Wire Act. The Justice Department responded that its interpretation of federal law indicates that gambling via the Internet, including casino-style gambling, is illegal. The legislature is now considering an intrastate model for gambling.

New Jersey AJR-66

Bill Summary This bill, was proposed by Assemblymen Joseph Azzolina on January 13th. It would create a 21-member Internet Gaming Study Commission that would be charged with recommending a course of action regarding online gaming in New Jersey.

Bill Status The bill was referred to the Assembly Tourism and Gaming Committee.
Outlook Assemblyman Anthony Impreveduto, who co-sponsored a similar bill last year, told IGN that the bill was created in order to provide the Tourism and Gaming Committee with more information about the Internet gambling industry before considering other bills on I-gaming.

New Jersey A-429

Bill Summary This controversial bill would authorize licensed land-based casinos in New Jersey to offer their games via the Internet.

Bill Status A-429 is this version of a bill that was filed as A-568 last year. It was originally filed by Assemblyman Tony Impreveduto during the 2000-2001 legislative session. The bill was introduced on January 13th and referred to the Assembly Tourism and Gaming Committee.
Outlook Unlike the pro I-gaming bill in Nevada that passed last year, New Jersey's A-3150 had failed to garner great support among legislators and Atlantic City casino operators.

New Jersey S-1013

Bill Summary Senate Bill 1013, authored by Senator Richard Codey, is nearly identical to last year's Senate Bill 2376, which Codey also authored. The bill clarifies the definition of illegal gambling to include Internet gambling and voids credit card debt incurred through illegal gambling. The bill also includes a clause establishing that only the state may sue to recover gambling losses.

Bill Status The bill was introduced on February 9th, 2004.

Outlook Codey became president of the Senate this session so any bill with his name on it is going to be taken seriously. New Jersey sources indicate, however, that I-gaming is not a top priority in the state.

Washington SB 6481

Bill Summary SB 6481 would add Washington to the growing number of states that offer advance deposit wagering via Internet and phone. If the bill passes, residents of the state will be permitted to legally wager on horses without being present at a track of off-course betting facility. The law is being pushed through because lawmakers are concerned that the state’s citizens are already using the Internet and phones to gamble with services in other states. By legalizing advance deposit wagering Washington can insure that taxes on wagering services stay in the state instead of going to others.

Bill Status The House of Reps passed a slightly amended version of the bill on March 3rd, 2004 with 79-17 vote. Since the House made amendments, the bill must now return to the Senate for another vote, which is expected to take place the second week of March.

Outlook The Senate is likely to approve the amended version of the bill and then send it to Governor Gary Locke for authorization. Legislative sources indicate that Locke will approve the bill and sign it into law.

Georgia HB 1272

Bill Summary On January 30, 2004 members of the House introduced HB 1272, which would make Georgia the first state to allow its citizens to purchase lottery tickets online. Supporters are hoping to boost lotto sales in order to maintain a scholarship program to which lottery funds are allocated. Georgia residents would be permitted to spend a maximum of $5 per day on lottery tickets.

Bill Status The bill passed through the House on March 4, 2004. It now awaits a reading by the Senate.

Outlook This one still has a long way to go. There is much uncertainty as to whether an online lottery is consistent with Federal law. The lottery would certainly be illegal if the Kyl bill were to be enacted.

Federal Legislation

HR 21 Unlawful Internet Gambling Funding Prohibition Act

Bill Summary This bill would prohibit Internet gambling businesses from accepting the following payment methods from customers: credit cards, electronic fund transfers, any instrument drawn by or on behalf of another and payable through any financial institution and the proceeds of any other form of financial transaction involving a financial institution as payer or financial intermediary for another.
Bill Status HR 21 was introduced by Rep. James Leach, R-Iowa, on the first day of the 108th session of Congress, which was Jan. 8, 2003. The bill is virtually the same as HR 556, which Leach introduced last year. HR 556 was passed in the House by a voice vote, but it did not go to a vote in the Senate and thus died. House Financial Services Committee Chairman Michael Oxley, R-Ohio, says that HR 21 is a priority for his committee this year.

HR 556 was the second attempt by Leach to prohibit Internet gambling by making it nearly impossible for Americans to pay for it. The bill was introduced in February, 2001, by Leach but was revisited in the Financial Anti-Terrorism Act of 2001, which was proposed by Oxley and Rep. John LaFalce, D-N.Y. A response to the Sept. 11 terrorist attacks, that bill aimed to squash money-laundering opportunities for terrorists. Leach's bill against online gambling was included in the anti-terrorism legislation. After being discussed by the House Financial Services Committee, the anti-terrorism bill was fast-tracked without the Internet gambling provisions and approved by the full House on Oct. 17, 2001. On Oct. 31, 2001, the Internet gambling section was reconsidered and approved by the committee by a vote of 34 to 18. HR 556 was discussed on Nov. 29, 2001, along with HR 3215 at a legislative session of the House Judiciary Committee's Subcommittee on Crime.

On Dec. 13, 2001, the House Committee on Judiciary granted an extension for further consideration of the HR 556 no later than Dec. 21, 2001; on Dec. 20, 2001, the same committee granted another extension for consideration of the bill ending on March 29, 2002. On Jan. 29, 2002, LaFalce and Oxley testified before the Senate Banking, Housing and Urban Affairs Committee. They told the committee that online gambling and credit card fraud are terrorists' key money laundering methods. On Feb. 5, 2002, Leach, Oxley and LaFalce sent a letter to members of the House asking them to support and consider co-sponsoring HR 556. In the letter, the authors ask House members to support their bill over other proposals that have been introduced to ban Internet gambling, most notably, Rep. Bob Goodlatte's bill. In early September of 2002, elements of Goodlatte's bill were implanted into Leach's bill, essentially putting the two legislators on the same team regarding Internet gambling.

In May this bill was reported favorably to the full House by the Judiciary Committee. However, the Committee voted to amend the bill in a way that many industry experts say could stop the bill in its tracks. The amendment, proposed by Rep. Chris Cannon, R-Utah, removes the bill's carve-outs for horse racing, dog racing, lotteries and casino games. The lack of those carve-outs means that those affected industries could withdraw their support for the bill.

Outlook The Justice Department has stated its disapproval of the bill; Rep. Spencer Bacchus' bill, HR-2143, was adopted instead.

S-627 Unlawful Internet Gambling Funding Prohibition Act

Bill Summary Sen. Jon Kyl, R-Ariz., on March 17 introduced a bill that would ban Internet gambling. The bill, S. 627, is very similar to the bill that was proposed by Rep. James Leach, R-Iowa, in the U.S. House of Representatives. In a press release, Kyl said he is opposed to Internet gambling because he believes it exacerbates the problem of gaming addiction, funds criminal activities, targets children and has the potential for fraud. "Internet gambling is not a fun diversion, but feeds a dangerous and growing addiction," Kyl said. "It is linked to organized crime, rife with fraud, ruins credit ratings, and allows many young people to build up thousands of dollars in debt on their parents' credit cards."
Bill Status The bill was unanimously voted out of the Senate Banking Committee last year and on Oct. 27 was placed on the Senate Legislative Calendar. The bill never received a reading by the Senate, however, and died when the legislative session ended. Kyl has introduced the bill again this year.

OutlookThough Senator Kyl would tell you otherwise, most people believe the bill has no chance of passing during an election year.

HR-1223 Internet Gambling Licensing and Regulation Commission Act

Bill Summary Rep. John Conyers, D-Mich., introduced this bill on March 12. Called the Internet Gambling Licensing and Regulation Act, the bill is a reprisal of the legislation he introduced late in the last Congressional session. When announcing his bill, Conyers compared the prohibition of Internet gambling with the U.S. prohibition of alcohol in the 1920s. "Today, Congress is rushing to pass a similar ill-conceived prohibition of Internet gambling," Conyers said. "Gaming prohibitionists believe they can stop the millions of Americans who gamble online by prohibiting the use of credit cards to gamble on the Internet. Just as outlawing alcohol did not work in the 1920s, current attempts to prohibit online gaming will not work, either."
Bill Status The bill has been referred to the House Financial Services Committee.

OutlookBills that would prohitit Internet gambling are gaining much momentum in the Congress, and Washington insiders say it is unlikely that this bill will be marked up by the House Financial Services Committee. However, the bill was discussed, but not voted on, during the Judiciary Committee's markup on the Leach Internet gambling bill.

HR-2143 Unlawful Internet Gambling Funding Prohibition Act

Bill Summary This bill was introduced on May 19 in the House Financial Services Committee. It is basically the same bill as HR 21, except that it lacks the civil and criminal penalties set forth in that bill. Rep. Spencer Bachus, R-Ala., introduced the bill to compete with the version of HR 21 that the Judiciary Committee passed on May 14, which was amended to strike away all exceptions for various gambling industries including horse racing and lotteries.
Bill Status On May 20, the Judiciary Committee voted to report this bill favorably to the full House. Since it has no civil and criminal penalties, it will no be heard by the Judiciary Committee. A source who spoke with Interactive Gaming News on the condition of not having his name used said the chairman of the Financial Services Committee would like to see this version of the bill pass the full House and the Senate. If that happens, he said, then the penalties can be added back in during a conference between members of both Congressional bodies.

On June 10, after hours of debate, the U.S. House of Representatives passed HR 2143 by a vote of 300-104. A key amendment that would have effectively killed the bill was narrowly defeated. The amendment, introduced by Jim Sensenbrenner, R. Wis., would have removed carve-outs for racing, state lotteries and other interests. On June 11, the bill was received in the Senate and referred to the Committee on Banking, Housing and Urban Affairs.

Outlook The Senate may rather take up the Kyl Internet gambling bill, which would have similar consequences as the Bachus bill.