Update: New Online Poker Legalization Attempt in U.S.
California Democrat Senator presents legislative proposal
Another strong pressure of the Morongo tribal band in California to legalize online poker came this week as the tribe, which previously joined with California cardrooms in a similar quest, became involved in a legislative proposal presented by Santa Ana Democrat Senator Louis Correa. As another party in the drive appears another tribal casino owner, the San Manuel Band, based in San Bernardino.
Senate Bill 40, proposed by Sen. Correa, may actually aim at setting an intra-state system in place before Senator Harry Reid's reportedly federal launch of similar legislation gains traction, assessed the LA Times. The newspaper further reports that with SB40, selected tribes and others will be allowed to run state-sanctioned Internet poker games, paying a share to the state.
As the LA Times learned from Correa, "People play offshore now. All of that money goes offshore. What we’re trying to do is take a whole exploding industry that is illegal (in California) and make it legal and tax it to fund state services."
Correa added that there are concerns about the proposal among other Californian tribes, and that it is criticized for having the potential to let select tribes operate Internet poker websites that would deprive land casinos from customers.
Apart from this, if online poker is allowed, there’s also a possibility that Indian tribes that oppose online gambling for competitive reasons will reinstate their threats to withhold payments to the state from slot machines, which reportedly helped to derail a similar measure introduced last legislative session by Sen. Roderick Wright.
Update: Reid’s Online Poker Legalization Initiative Incites Further Debate
Interested parties clash on specific clauses in the bill
New development arose in the debate on the legislative proposal to legalize US online poker advocated by Senator Harry Reid of Nevada, heating up the already fierce debate.
What seems to particularly concern interested parties is a a clause which reads: "No qualified body may issue a license under this title before the date that is 15 months after the date of the enactment of this Act. Qualified bodies shall, to the extent practicable while meeting the requirements and standards of this title, issue multiple licenses on the date that is 15 months after the date of the enactment of this Act in order to ensure a robust and competitive market for consumers and to prevent the first licensees from gaining an unfair competitive advantage."
As it was assessed by a blogger on the ESPN site, this practically means that "Once this bill is enacted, the first license will [only] be issued 15 months from that date."
ESPN also underlined other points, including a requirement that thirty days since the law enters into force, operators who currently provide online poker services to US players must cease to do so if they wish to be considered for a license.
Those who decide to comply with the clause will need to instruct their players about the manner and timing for withdrawing their positive account balances, because if they fail to withdraw their money within two years, their funds will be transferred into escrow which will be at the disposal of federal authorities.
However, what’s good about this is that the "blackout" period in which online sites are allegedly excluded from achieving licensing status for an additional two years, appears to have been removed from the current draft.
In addition to this, some good changes will be introduced into the UIGEA, which hampers online gambling financial transfers: "A financial transaction provider shall not be held liable for engaging in a financial activity or transaction, including a payments processing activity, in connection with a bet or wager permitted by the Prohibition of Internet Gambling, Internet Poker Regulation, and Strengthening UIGEA Act of 2010 or the Interstate Horseracing Act of 1978 (15 U.S.C. 3001 et seq.) unless the financial transaction provider has knowledge or reason to know that the financial activity or transaction was conducted in violation of either such Act or any other applicable provision of Federal or State law."
Also, operators may reject the proposal that sites will have to pay a licensing fee of 20 percent of the revenue generated: "Each ....licensee shall be required to pay not later than 15 days after the end of each calendar month an Internet poker license fee equal to 20 percent of a licensee's Internet poker receipts for that calendar month."
Apart from this, the new legislation would also require from operators to:
• Report every player's winnings and losses.
• Base hardware for the sites in the United States.
In terms of licenses, they will expire after five years, and if unlicensed operators are found to provide online poker services to US players, they will be severely fined with up to $1 million a day, or "...civil penalty of not more than the greater of the amount of bets or wagers taken by the person from players in the United States during the period that a license was needed but not held by the person."
What else does the Reid proposal encompass? It includes provisions for responsible gambling and research studies into Internet gambling, as well as regulations allowing individual states to opt out of its implementation, thereby guaranteeing the continued intra-state autonomy of the states. However, the bill has yet to pass through the Congress’s legislative process.
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