The National Conference of State Legislatures (NCSL) formally took a stance against the Restoration of America’s Wire Act in August, approving a resolution that urges the federal government to allow the individual states to decide whether or not they want to pursue the legalization and regulation of online gambling.
This resolution was preceded in early April by a letter the NCSL wrote to the leaders of both the United States Senate and House of Representatives in which it protested the Sheldon Adelson-backed bill that aims to outlaw online gambling in the country. In the letter, the organization that fights to give state legislatures a voice on the federal level wrote, “States have proven that they are effective regulators of the gambling industry and the proponents of this legislation fail to make a case that we have been negligent in our responsibilities to the industry and consumers. This attempt to enact a wholesale prohibition of online gambling with the Restoration of America’s Wire Act is merely a solution seeking a problem.”
Fast forward to August 22nd at the NCSL’s annual summit and it was not necessarily the resolution of top importance, “State Sovereignty in Online Gaming” became a formal resolution nonetheless. It does not necessarily say that the NCSL is pro-online gambling, just that it wants states to retain the right to determine whether or not it should be legal within their own borders. The NCSL wants the Restoration of America’s Wire Act trashed and if the federal government does decide to discuss the legality of online gambling, that it should include the state legislatures in the process.
Below is the resolution in its entirety:
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State Sovereignty in Online Gaming (Resolution) (Joint with Communications, Financial Services and Interstate Commerce Committee)
WHEREAS, the National Conference of State Legislatures (NCSL) believes the federal government must respect the sovereignty of states to allow or to prohibit Internet gambling by its residents; and
WHEREAS, the 2011 ruling by the United States Justice Department on the Federal Wire Act of 1961, 18 U.S.C. §1084, clarifies that intra-state online gambling is lawful. Any effort by Congress or the administration to reverse this ruling is preemptive and diminishes the flexibility of state legislatures to be innovative and responsive to the unique needs of the residents of each state; and
NOW, THEREFORE BE IT RESOLVED, that NCSL requests Congress consider the perspective of the states as it examines this issue and asks that it involve state legislators in any federal efforts that seek to reform the regulation of online gaming. NCSL strongly opposes any effort by the federal government to overturn the Justice Department’s ruling or consideration of legislation overruling state authority by legalizing or regulating gambling at the federal level. NCSL also requests that federal lawmakers be respectful of state legislatures that prohibit online gaming or other forms of gaming within their state.
