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Senator Fred Finn Email fwfinn@gmail.comjavascript:;HYPERLINKjavascript:;
Dear Mr Peterson,
The following is a little history on the Internet gambling issue. The cite to the Gambling Commission's Internet Fact Sheet I found particularly instructive. I think it is a silly law and am looking seriously at introducing a bill to repeal it. But even if we were successful in repealing it at the state level we would face the federal uncertainties.
· In 2006, the Legislature specifically added the Internet to the list of various ways of sending or receiving gambling information, which is unlawful unless related to an authorized activity. (SSB 6613 - Prentice). SSB 6613 also increased a penalty for sending or receiving gambling information from a gross misdemeanor to a class C felony. Note that the Gambling Commission interpreted the pre-2006 law to include the Internet. The law prohibits play with an entry fee, wager, or anything of value; free play (unless points have value) is not banned.
· Lee Rousso, a poker player, sought a declaratory judgment that the ban on Internet gambling violates the commerce clause. The Washington Supreme Court, in a 9-0 decision, rejected these claims. In brief, the Court held that the burden on interstate commerce was not clearly excessive in light of the state's legitimate interests in reducing underage gambling, compulsive gambling, organized crime, and money-laundering. The Court stated that the limited function of the judiciary is to determine if the law violates the commerce clause, and that it is the Legislature’s role to balance public policy interests and enact law. Rousso v. State (83040-1, Sept. 23, 2010). Mr. Rousso has indicated he will seek further review by the U.S. Supreme Court and may file a federal court action. http://www.businessweek.com/ap/financialnews/D9IDRHJ80.htm.
· There have been proposals to amend the 2006 law. In 2007, a bill passed out of the House Commerce & Labor Committee which would have reduced the penalty for Internet gambling to a gross misdemeanor for a person who gambles on the Internet in his or her primary residence for recreational purposes. (SHB 2320 – Strow). A floor amendment (Appleton) would have reduced the penalty further, to a civil infraction. This bill died on the House 2nd Reading Calendar. (A related bill – HB 2127 (Stow) would have reduced the penalty to a misdemeanor.) No bills have been introduced on this issue since 2007.
· The Gambling Commission’s fact sheet on Internet gambling is here: http://www.wsgc.wa.gov/faq/internet_gambling.pdf. The fact sheet includes information on the Commission’s enforcement focus.
· The federal laws on Internet gambling are complicated and there are some untested waters. A 2006 law, the Unlawful Internet Gambling Enforcement Act (UIGEA) prohibits businesses from accepting or transferring money to offshore gambling sites. The Wire Wager Act makes it illegal to operate a betting or wagering business using a "wire communication facility." These laws are aimed at businesses, not individual players.
· Several bills are pending in Congress relating to Internet gambling. These include H.R. 2267 which provides for licensing and regulation of Internet gambling and H.R. 2268, sponsored by Rep. Jim McDermott, which would tax Internet gambling.
Please contact me if you have further questions.
Fred Finn
State Representative
35th District
Fellow Poker Players You are Band from poker stars from Playing Who's Next to do this??????? http://apps.leg.wa.gov/RCW/default.aspx?cite=9.46.240
Senator Fred Finn Email fwfinn@gmail.comjavascript:;HYPERLINKjavascript:;
Dear Mr Peterson,
The following is a little history on the Internet gambling issue. The cite to the Gambling Commission's Internet Fact Sheet I found particularly instructive. I think it is a silly law and am looking seriously at introducing a bill to repeal it. But even if we were successful in repealing it at the state level we would face the federal uncertainties.
· In 2006, the Legislature specifically added the Internet to the list of various ways of sending or receiving gambling information, which is unlawful unless related to an authorized activity. (SSB 6613 - Prentice). SSB 6613 also increased a penalty for sending or receiving gambling information from a gross misdemeanor to a class C felony. Note that the Gambling Commission interpreted the pre-2006 law to include the Internet. The law prohibits play with an entry fee, wager, or anything of value; free play (unless points have value) is not banned.
· Lee Rousso, a poker player, sought a declaratory judgment that the ban on Internet gambling violates the commerce clause. The Washington Supreme Court, in a 9-0 decision, rejected these claims. In brief, the Court held that the burden on interstate commerce was not clearly excessive in light of the state's legitimate interests in reducing underage gambling, compulsive gambling, organized crime, and money-laundering. The Court stated that the limited function of the judiciary is to determine if the law violates the commerce clause, and that it is the Legislature’s role to balance public policy interests and enact law. Rousso v. State (83040-1, Sept. 23, 2010). Mr. Rousso has indicated he will seek further review by the U.S. Supreme Court and may file a federal court action. http://www.businessweek.com/ap/financialnews/D9IDRHJ80.htm.
· There have been proposals to amend the 2006 law. In 2007, a bill passed out of the House Commerce & Labor Committee which would have reduced the penalty for Internet gambling to a gross misdemeanor for a person who gambles on the Internet in his or her primary residence for recreational purposes. (SHB 2320 – Strow). A floor amendment (Appleton) would have reduced the penalty further, to a civil infraction. This bill died on the House 2nd Reading Calendar. (A related bill – HB 2127 (Stow) would have reduced the penalty to a misdemeanor.) No bills have been introduced on this issue since 2007.
· The Gambling Commission’s fact sheet on Internet gambling is here: http://www.wsgc.wa.gov/faq/internet_gambling.pdf. The fact sheet includes information on the Commission’s enforcement focus.
· The federal laws on Internet gambling are complicated and there are some untested waters. A 2006 law, the Unlawful Internet Gambling Enforcement Act (UIGEA) prohibits businesses from accepting or transferring money to offshore gambling sites. The Wire Wager Act makes it illegal to operate a betting or wagering business using a "wire communication facility." These laws are aimed at businesses, not individual players.
· Several bills are pending in Congress relating to Internet gambling. These include H.R. 2267 which provides for licensing and regulation of Internet gambling and H.R. 2268, sponsored by Rep. Jim McDermott, which would tax Internet gambling.
Please contact me if you have further questions.
Fred Finn
State Representative
35th District
Fellow Poker Players You are Band from poker stars from Playing Who's Next to do this??????? http://apps.leg.wa.gov/RCW/default.aspx?cite=9.46.240