Posts Tagged ‘HR 2267’

Harrah’s promoting online casino in U.S.

Monday, August 9th, 2010

Several months ago, Harrah’s Entertainment became the first American land-based casino to launch an online gambling website. Harrah’s online casinos are based overseas and do not currently accept players from the United States. However, they are now for the first time advertising to U.S. players.

Harrah’s, sponsor of the World Series of Poker, has begun advertising for their online casinos on their WSOP website. Players cannot gamble for real money on the WSOP.com website. Instead, the online poker website can be used as a tutorial to learn the game. Visitors play poker using chips of fake money. The World Series of Poker website has links to Facebook apps, iPhone apps and online casinos. In those online casinos, unlike the other options, players can gamble using real money.

Right now, American customers cannot play for real money at the online casino, but Harrah’s is hoping it will be an option in the near future. The casino company may be thinking that UIGEA will be repealed soon, since the Barney Frank/Ron Paul online gambling bill (Internet Gambling Regulation, Consumer Protection and Enforcement Act) has passed the House Financial Services Committee. However, as I have pointed out, there are numerous obstacles still in the way of that bill becoming a law. Many in the online gambling industry are growing pessimistic of its chances.

Though I doubt there is anything illegal in advertising for their real-money online casinos in the United States, you can expect Harrah’s to get some heat from the government. The Nevada Gaming Control Board is already looking into their online casino deal and determining whether it is proper. By advertising online casinos in the United States for the first time, the casino will bring itself under further scrutiny, possibly by the federal government this time.

Amendments threaten passing of online gambling bill

Thursday, August 5th, 2010

Earlier today I wrote about how time limits and the strict procedure of the American legislative process could derail any hopes of online gambling legislation passing this year. Did you read it yet? If not, I’ll wait. Go ahead.

That is far from the only obstacle facing Barney Frank and Ron Paul’s Internet Gambling Regulation, Consumer Protection and Enforcement Act (HR 2267), though. Another major obstacle is amendments added onto the bill by congressmen. For better or worse, lawmakers have the ability to tack amendments onto any bill being discussed, even if those amendments aren’t related. Sometimes it is done as a compromise to get more votes for the bill. Sometimes it is done to sabotage the bill by getting those who would otherwise support it to vote against it. Sometimes unrelated bills are tacked onto another bill (like the UIGEA being added to the SAFE Port Act).

Last week, 14 amendments were added to the online gambling bill that would repeal UIGEA and regulate the online casino industry in the United States. One such amendment was added by Brad Sherman, a California Democrat. Sherman’s amendment bans any online casinos that violate existing U.S. laws from receiving a license to operate in the country once HR 2267 is passed. Since federal laws on online gambling are extremely vague – when they exist at all – it is hard to say which online casinos are in violation of U.S. laws and which are in the clear. Therefore, that amendment’s impact is unknown, but it could cost a lot of online casinos the ability to accept U.S. customers. The online gambling lobbies, obviously, are not happy with Sherman’s amendment.

That wasn’t the only amendment added during the mark-up that hurts the bill. A similar amendment by Spencer Bachus (R-AL) and Michele Bachmann (R-MI) forbids overseas companies that have engaged in illegal online gambling business in the U.S. from receiving a license. It also bans anyone who had been employee of said companies from obtaining a license. Peter King (R-NY) added an amendment that prohibits sports betting.

Another amendment by Sherman allows states a full legislative session to opt-out of online gambling. Interestingly, an amendment by Joe Baca (D-CA) that allows states and tribes to opt-in to online gambling was defeated. So I guess they can opt-out but not opt-in.

The biggest head-scratcher was another amendment by Baca that would have allowed Native American tribes to participate in online gambling. Frank, as Chairman of the Financial Services Committee, denied the amendment without allowing a vote on the basis that the amendment is not germane, meaning it is not relevant to the subject of the bill.

Excuse me? That seems pretty relevant. You want to legalize online gambling in the United States but don’t think the question of whether members of Native American tribes are allowed to participate is relevant?

First of all, the “not germane” argument is only used when a congressman doesn’t want something to be voted on. Unrelated amendments are added to bills all the time. The only conclusion I can draw from this decision is that Barney Frank wants you to be allowed to gamble online, as long as you’re not one of those Indians.

Whether the post-mark-up bill will have more or less support from Congress is unclear, but with no urgency to pass a similar bill in the Senate, it may not matter. For that reason, though it’s still early, Frank and Paul’s online gambling regulation bill just may be dead.

Time limit hurts online gambling bill

Thursday, August 5th, 2010

Many in the online gambling industry, including this writer, were excited to see the Internet Gambling Regulation, Consumer Protection and Enforcement Act (HR 2267) pass the House Financial Services Committee last week. The bill, drafted by Barney Frank and Ron Paul, would repeal UIGEA and regulate the online gambling industry in the United States. Though many were quick to celebrate, the objectivity of time allows us to look at the obstacles still in the way of that bill becoming a law.

The first obstacle is simply the calendar. This is the beginning of August, but Congress is currently in their summer recess, from which they won’t return until September. The November elections will ring in a new Congress, so the 111th Congress only has a small window – little more than one month – to get things done.

Though HR 2267 has passed the House Financial Services Committee, it has yet to be placed on the legislative calendar for floor action. From there, it needs to have a floor debate. Generally, bills receive an unlimited floor debate, which means the members of Congress can argue about and discuss the bill until the session ends and nothing will happen with it. Also, anyone who is strongly opposed to the bill can filibuster and talk the bill to death. Since online gambling is such a controversial issue, I’m sure there is a representative or two who would love to do just that.

Congress can avoid a filibuster by invoking cloture, which limits the debate to 30 hours and then requires a vote. However, a bill requires a 3/5 vote rather than a 2/3 majority to be passed once cloture is invoked. Though the bill passed the committee by a 41-22-1 vote, it’s hard to say whether it has enough support in the general House to pass by a 3/5 margin.

Once the online gambling bill is passed by the House, it would then be sent to the Senate for approval. Or, since a similar bill has been proposed by the Senate, that bill could be used instead. In any case, that bill would first have to be debated on and then passed by the committee by a 2/3 vote. It would then have to be put on the calendar for floor action and debated, just like in the House. It would then have to pass by a 2/3 vote in a normal debate or, if cloture is invoked, a 3/5 vote.

Once the online gambling bill passed the Senate, that version would likely be different from the House version, if for no other reason then due to the amendments added to the bill. Since both chambers of Congress would have a different version of the bill, it would then need to go to a conference committee. There, representatives from both chambers of Congress meet to work out the differences in the bill. There is no time limit for debate during the conference committee. If they are able to come to an agreement, the committee drafts a conference report, which is presented to both chambers. The House and Senate both then have to approve the conference report by a 2/3 vote.

After the bill passes both chambers (again), it would then be sent to President Obama, where he would have 10 days to sign the bill into law or veto it. The president’s veto can be overturned by a 2/3 vote in both chambers of Congress, which would pass the bill into law.

All of that has to be done during the 111th Congress. Once the next Congress takes over, all existing bills that had not been signed into laws are killed. The process would then have to start over again from scratch. Though Frank and Paul could use the same bill, it would have to repeat the same steps, going through committee again (this time with different members) and having a floor vote (again with different members).

Those are just the problems that go along with the time limit placed on the legislative process. There are also problems in the form of various amendments that have been added to the bill. I will have more on that later.

What all of this means is that no one should take the passage of the online gambling bill as a certainty. Even if there is enough support to legalize online gambling in the U.S., there may not be enough time for this Congress to get it done.

Frank’s online gambling bill to exclude sports betting

Thursday, July 29th, 2010

If The Barney Frank/Ron Paul online gambling bill becomes law, UIGEA will be repealed and online casino gambling will be legalized and regulated in the United States. Sports betting, though, would still likely be left out.

Yesterday, the Internet Gambling Regulation, Consumer Protection and Enforcement Act (HR 2267), which was concocted by Democrat Frank and Republican Paul, cleared the House Financial Services Committee. By a 41-22-1 vote, the bill to license and regulate online gambling in America passed the committee, paving the way for it to be voted on by the full U.S. House of Representatives.

There are already compromises in the bill, though. Republican Peter King inserted an amendment that emphasizes that sports betting would remain illegal online and offline. King did so to protect the interests of powerful and loved sports leagues in the country, particularly the NFL. King admitted that “the NFL has concerns about gambling.”

To be honest, so do I. Sports betting scandals are terrible for the leagues, the teams and America (just ask the Chicago White Sox or Tim Donaghy). Concerns over game fixing don’t necessarily mean that sports betting should be banned, but it is a legitimate concern.

In any case, the bill passed the House with King’s anti-sports betting amendment. However, that doesn’t mean the amendment will say in the bill. During the full House mark-up, it can still be removed. Another amendment was added by Republican John Campbell and Democrat Brad Sherman. That amendment ensures that online casinos that target U.S. customers would have to be based in America, thus ensuring that the country would profit from the legislation and not lose revenues overseas. Other amendments were added for the protection of players, requiring the online casinos to post the odds of the games, have loss limits and verify the players’ age and location.

The online gambling bill is not yet scheduled for a floor debate and is not expected to be brought to the floor earlier than early September.

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