Quote:
Originally Posted by haley44
I want to post this excerpt here from the new Jones-Sawyer, Pechanga-backed bill for Martin and Curt to examine carefully. The reason is that the more I re-read it, the more I'm convinced that this bill is a giant shuck, a virtual complete ban on online gambling in California disguised as an online-poker regulatory measure.
This comes from the longish second paragraph of the bill's overview:
The bill would prohibit the offer or play of any gambling game provided over the Internet that is not an authorized Internet poker game permitted by the state pursuant to this bill. The bill would prohibit, among others, a federally recognized California Indian tribe that operates a gaming facility that accepts bets from players within the state but who are not physically present on Indian lands when making bets from operating an Internet poker Web site.
The context is also somewhat important. I discovered that this bill took a lot of the text of the old Wright bill, changed "gambling" to "poker", and then added in lots of other stuff.
Later on in the same paragraph, the overview then says that violating the bill -- including playing on non-authorized sites -- is a misdemeanor. The bill also outright bans all other forms of internet gambling excepting poker.
Now look at that second sentence. "... that accepts bets from players within the state but who are not physically present on Indian lands when making bets [is illegal]..."
If you parse it carefully and boil it down, this states that even the sites authorized via this measure could only accept bets from players who are physically on tribal lands; players would have to travel to their nearest participating rez, laptop in hand, to play.
So even online poker would be illegal under this bill unless players were physically on a participating reservation. Sounds like a ban to me. Curt? Martin?
No, that's not what the bill says. I can see how you can get that from the summary statements, but those statements don't have the force of law.
The reason that wording is included in the summary statements is that the text of the bill addresses three things:
Intra-tribal online wagering.
Intra-state online poker.
Intra-state online gambling.
The first is exempted from being illegal. That is, online wagering (including poker and casino gambling) on tribal lands will continue to be legal as permitted under federal laws. That applies to just sites and players wholly on Indian lands.
The second is licensed and regulated under this bill. Non-licensed becomes expressly illegal as a misdemeanor, for both sites and players.
The third becomes expressly illegal as a misdemeanor, unless conducted by an Indian tribe under a tribal-state compact.
So that second sentence, "... that accepts bets from players within the state but who are not physically present on Indian lands when making bets [is illegal]...", is just addressing intra-tribal online wagering. You have to be on Indian lands when participating in any intra-tribal online wagering system (one which is authorized under federal law, but is not intra-state online poker licensed under this bill).