Although we are only a few weeks into 2015, online poker and gaming regulations have been on the minds of many in the United States. Since the calendar flipped to January, three different areas of approach have appeared and, from maybe at least one of them, perhaps online poker and/or gaming legislation can be passed.
California is the state that many are watching as the best bet for passage of online poker regulation in 2015 and the author of the latest bill in the California General Assembly is making some moves with his bill. Assemblyman Mike Gatto, who introduced Assembly Bill 9 (AB 9) late in 2014, has been consulting with several groups in how to make his bill better. While the bill hasn’t received any attention in committee as of yet, Gatto has introduced a few amendments to AB 9 that may make it more appealing to his fellow representatives.
One of the more controversial parts of AB 9 was the regulation that players would have to physically appear at a casino or card room in the Golden State to register and make deposits into their online poker account. “After meeting with security experts and hearing from poker players and industry professionals, I have concluded that online poker would be best served by making in-person registration an option rather than a requirement,” Gatto stated in announcing the amendment to his bill. Still, Gatto is looking to increase traffic in the “brick and mortar” (B&M) establishments, proposing an annual tournament that would help push online players into the physical businesses.
Something that hasn’t changed in AB 9 is the “bad actor” clause that Gatto inserted into his bill. This has been a major sticking point for some in the California gaming industry, especially those that have aligned with the Amaya Gaming-helmed PokerStars. A coalition of California card rooms and Indian tribes have a tentative agreement with PokerStars for entry when the California online poker scene opens up, but Gatto doesn’t appear to be backing away from that caveat in his bill.
While Gatto attempts to move AB 9 forward, a new legislative effort in the state of Washington is drawing significant attention. A bill proposed by a Washington resident has been filed in the Washington State Legislature that is looking to overturn one of the earliest laws passed in the United States that banned online poker in the state.
The bill, called House Bill 1114 (HB 1114), was written by Washington resident Curtis Woodard and was filed for review in the Washington House of Representatives by Representative Sherry Appleton this last week. While Appleton receives the credit for introducing the bill. Woodard, a longtime online poker advocate, deserves a great deal of credit as the creator of the legislation and being the major driver of bringing the bill to Appleton for consideration.
There is one area that Woodard’s bill differs from others that have come up in other states. HB 1114 does not include a “bad actor” clause because Woodard believes that the Washington State Gambling Commission is well equipped to make the decision regarding potential licensees. In an interview with PokerNews’ Chad Holloway, Woodard states that the WSGC are “full time professionals” who are “capable of vetting potential operators” in any state online poker network.
HB 1114 faces an uphill fight, however. Although Woodard is hoping to have a hearing for the bill soon, the state of Washington already has one of the most restrictive laws regarding online gaming in the U. S. Passed in 2006 and upheld by the Washington Supreme Court in 2010, the Washington law currently criminalizes online poker and gaming by punishing offenders with a $10,000 fine and/or up to five years in prison. Classified as a Class C felony under Washington statutes, the current law in Washington puts online gaming activity in the same class as sexual offenders. Whether Woodard and Appleton can change minds on the floor of the Washington State Legislature remains to be seen.
Finally, the National Council of Legislators from Gaming States (NCLGS) has completed a study and adopted a framework that may be used by many pro-online gaming legislators in the U. S. to enact online poker and gaming regulation. The NCLGS effort, entitled the Policy Framework for the Regulation of Internet Gambling, covers ten different areas related to online gaming such as player protections, taxation, licensing and multi-jurisdictional agreements (among others). Usage of the information about the ten areas broached by the NCLGS will enable legislators to craft a bill that would adequately cover any concerns a fellow legislator might have with the subject.
With so much activity only weeks into 2015, the prospects are bright that at least one state (we’re looking at you, California) and maybe several others will be joining in the rush to pass online poker and gaming regulations at some time this year.
