by Hillary LaClair, Senior Editor
Democratic Representative, Senator Robert Menendez introduced a proposal this week that would categorize poker as a game of skill, rather than a game of chance, forcing a regulatory playing environment to be created and offered online in the United States – legalizing pre-existing online poker rooms. The bill is the first of its kind, in that instead of attempting to overturn or better define the UIGEA, it actually concerns the legality of internet poker gambling.
The “Internet Skill Game Licensing and Control Act” would call on the U.S. Department of Treasury to establish a licensing infrastructure for games that use “simulated cards, dice, or tiles in which success is predominantly determined by the skill of the players.” The proposition names poker, bridge and mahjong as an example of a game that would require more skill than chance. Additionally, the bill suggests that wagers made in offline and online poker games are “made with respect to the outcome of an internet skill game this is a non-housed bank game.” In fact, there is far more skill that goes into the outcome of a poker game played for money than the lottery or horse racing which are still legal in the United States.
“The PPA has long advocated for thoughtful and effective licensing and regulation of online poker as a means to protect vulnerable communities, such as children and compulsive gamblers, and provide appropriate controls to thwart consumer fraud and abuse,” said PPA chairman Alfonse D’Amato. “Senator Menendez’s legislation is the right vehicle to achieve those goals.
“This action by Senator Menendez is yet another example that prohibitions on internet gambling, and specifically poker, will not work to protect consumers.”
Under the bill, operators would be given a one year license after paying a licensing fee that would have to be renewed on a yearly basis. As such, individual states and Native American Tribes would have every right to decide not to uphold the bill, and therefore prohibit online poker from their states and borders.
The proposal covers all bases, and would enforce “reasonable” stipulations, which would prohibit any person under the age of 18 from gambling and operators from accepting wagers from overseas nations where such gambling activities are illegal. Additionally, offline and online poker operators would pay taxes on their revenue, obey money laundering and privacy laws, and provide an appropriate venue for support programs that handle problem gambling.
The bill would also legalize the investment in online poker rooms, and thrusting online poker into the stock market would be more than healthy for the diminishing economy in the U.S. Finally, under the bill, such online poker gaming operators would not be permitted to offering online sports or casino game wagers.
The bill, technically known as S 3616 has currently been read twice and referred to the Committee on Banking, Housing and Urban Affairs. Should it not be taken up by the time the current session adjourns, it will be reintroduced next year.
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