In 2001, by a unanimous vote in its Senate and a nearly unanimous vote in its Assembly, the State legislature of Nevada enacted a law giving the Nevada Gaming Commission power to adopt regulations for the licensing of “interactive gaming.” (2001 Statutes of Nevada, Page 3075 (Chapter 593, AB 466))
Although the 2001 statute stated that the Gaming Commission may adopt regulations, it forbid the Commission from doing so until it could determine that interactive gaming can be operated in compliance with federal law. Ten years after enactment, the Gaming Commission still had not begun the process of adopting regulations.
Then in the spring of 2011 Nevada’s lawmakers presented an amendment ordering the Gaming Commission to proceed with adopting regulations anyway. Once again the bill passed swiftly through the legislature with nearly unanimous approval. (2011 Statutes of Nevada, Page 1668 (Chapter 302, AB 258)).
The 2011 enabling statute prevents “interstate” interactive gaming licenses from becoming effective until either a) U.S. Congress enacts a law legalizing licensed games or b) “The United States Department of Justice notifies the Board or Commission in writing that it is permissible under federal law to operate the specific interactive gaming for which the license was granted.”
The 2011 enabling statute authorizes interactive gaming on an “intrastate” basis only. It also envisions that interactive gaming licenses should be obtainable only by “resort hotels” which already hold a nonrestricted license to operate gaming in Nevada.
On August 1 the Commission published a draft of proposed regulations to license and regulate interactive gaming. See Regulation 5A. (And also Regulation 3.100, Regulation 4.030, Regulation 8.130, and Regulation 14).
Although the legislature’s enabling statute defines “interactive gaming” broadly, the Gaming Commission proposes to license and regulate only poker on the internet.
See Also: Global Betting & Gaming Consultants: Nevada Favors Resorts… (Sept. 19, 2011)