Category Archives: New Jersey

Legal sports betting and Constitutional questions

Federal law prohibits betting on sports in all of the United States, with a few narrow exceptions. Be that as it may, several state governments now want to license brick-and-mortar venues to offer wagering on sports. Sooner or later, the controversy will have to be tried in federal court.

Last week I wrote an article for Global Betting & Gaming Consultants exploring the potential path to legalized sports betting in the United States. The article explains that ultimately federal courts must decide whether the Professional and Amateur Sports Protection Act (PASPA) is consistent with the U.S. Constitution.

A federal court action would focus on two distinct issues: 1) whether the Tenth Amendment to the Constitution reserves for each of the 50 states the right to provide their own laws for sports betting, and 2) whether the Interstate Commerce Clause gives power to the federal government to make laws for sports betting.

These issues will in any event take years to settle.

Please visit the website of Global Betting & Gaming Consultants to read the full article: New Jersey’s Rush for Sports Betting Must Blast Through Federal Courts.

Obama’s Online Poker Position: Let the States Decide for Themselves

The White House has issued a statement regarding its views about online poker. The statement was issued in an e-mail to individuals who participated in the “We the People” petition process by signing a petition calling for the legalization of online poker.

The response from the White House echoes the Memorandum Opinion issued by Obama’s Justice Department in December regarding the scope of the federal Wire Act. The Obama administration says each of the 50 states has the right to make  its own decisions:

“…Online gambling on sporting events or contests violates federal law. The legality of other forms of online gambling is dependent upon the law of the states where the bettor or gambling business is located. It is left to each state to determine whether it wishes to permit such activity between its residents and an online poker business authorized by that state to accept such wagers… (emphasis added).

The e-mail in its entirety is posted below:

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(Sent Friday, May 18, 2012)

What We Have to Say About Online Poker

By Brian Deese, Deputy Director of the National Economic Council

Thank you for taking the time to participate in the “We the People” petition process. We launched this online tool as a way of hearing directly from you, and are pleased to see that it has been effective in soliciting your feedback. We understand your interest in the petition to support the legalization of online poker, and appreciate the opportunity to share President Obama’s concerns about this issue.

The Administration understands that many Americans engage in paid online poker games for entertainment purposes. Online gambling on sporting events or contests violates federal law. The legality of other forms of online gambling is dependent upon the law of the states where the bettor or gambling business is located. It is left to each state to determine whether it wishes to permit such activity between its residents and an online poker business authorized by that state to accept such wagers, but online gambling that is not authorized by state law may also violate federal statutes.

The rapid and anonymous nature of the internet distinguishes online games from onsite games, such as those in casinos, and creates distinct challenges. For example, there are many means of technologically circumventing restrictions on online gambling that can allow individuals from countries where gambling is illegal — or even minors — to play using real currency. Online games also have greater potential for fraud because gambling websites are much cheaper and easier to establish than on-site locations, and like telemarketing scams, can appear and disappear overnight. Finally, online gambling can be used in money laundering schemes because of the volume, speed, anonymity, and international reach made possible by internet transactions. The Administration will continue to examine this issue and is open to solutions that would help guard against the use of online gambling sites as tools for conducting illegal activities or preying on unsuspecting individuals to the extent that online gambling is permitted.

Thank you once again for signing the online petition. We appreciate hearing your opinions and look forward to hearing from you again soon.

New Jersey Committee Approves New Plan to Legalize Internet Gaming

I recently wrote an article for Global Betting & Gaming Consultants regarding legislative action in the State of New Jersey. Last week a General Assembly Committee on Regulatory Oversight and Gaming voted to approve a bill that would permit Atlantic City casinos to offer gaming on the internet. The committee also made a series of interesting amendments to the plan.

The most important amendments would:

  • raise the tax on revenues from internet gaming from 10% to 20%,
  • remove a $60 million subsidy for the New Jersey Racing Commission, and
  • prohibit an organization from offering services to Atlantic City casinos if the organization ever participated in the US market for internet gaming after 2006.

My article explains the amendments and speculates whether they are likely to affect the prospects of enacting an internet gambling law. Click here to see the article from GBGC: New Plan for New Jersey Internet Gaming.

New Jersey S1565 has great prospects of enactment

New Jersey’s plan to legalize internet wagering, Senate Bill 1565, has great prospects of enactment this session. A similar bill passed both chambers of the legislature last session but failed to become law because Governor Chris Christie refused to sign it. But 2012-2013 is a new legislative session, and there are good reasons to expect the governor could soon be ready to sign.

The political atmosphere has changed dramatically since last session’s bill died on Governor Christie’s desk. The federal Justice Department used to be an obstacle, but in December of 2011 the agency declared it would not interfere if a state wants to allow internet gambling. In response, legislatures across the country are now finally becoming informed about the practical realities of internet gambling policy.  And of course there remains strong public support for legalization and the taxable revenues that could be reclaimed from foreign operators.

As evidence suggesting Governor Christie could sign a bill, consider the comments his office seems to have made to a Reuters reporter in January:

“I think we should be an epicenter for that business, but I want to do it right — I do not want to rush and get legislation that either doesn’t pass state constitutional muster, or creates other problems for us.” –Christie spokesperson confirming the governor’s remarks, see Reuters article: Chris Christie:  New Jersey Should Be Online Gambling’s ‘epicenter.’

Another article, published on Philly.com today, speculates further about the decision that awaits Governor Christie: Politics May be behind Christie’s change of heart.

There is good reason to expect S1565 can pass the legislature because it is nearly identical to the bill that passed both chambers last year. The one and only difference is potentially significant though. Last session’s bill would have required licensed operators to collectively raise $20 million to be delivered to the New Jersey Racing Commission every year for three years. This session’s S1565 does not contain such a provision.

Like last session, Senator Raymond Lesniak is the lead sponsor of the internet wagering bill. Senator Lesniak has served New Jersey’s legislature since 1978. He is Chair of the Senate Economic Growth Committee, Vice-Chair of the Senate Commerce Committee, and a member of the Senate Judiciary Committee.

S1565’s second sponsor, Senator Jim Whelan, is both a former Council Member and a former Mayor of Atlantic City. Senator Whelan has served the legislature since 2006. He chairs the Senate State Government, Wagering, Tourism, and Historic Preservation Committee. He is also a member of the Senate Environment and Energy Committee and a member of the Senate Health, Human Services, and Senior Citizens Committee.

S 1565 has already passed two Senate committees. It passed Senator Whelan’s State Government, Wagering, and Tourism Committee by vote of 3-0 (with 2 abstentions)  on March 5. Then it passed the Senate Budget and Appropriations Committee by vote of 11-0 (with 1 not voting and 1 abstention) on April 3. Now it heads to the floor of the Senate.

The General Assembly’s internet wagering bill is A2578. It is sponsored by Assemblymen John Burzichelli, Vincent Prieto, Ruben Ramos, Jr., and Louis Greenwald. Assemblyman Ramos is chair of the Assembly Regulatory Oversight and Gaming Committee while Assemblyman Burzichelli is vice-chair of the committee. A hearing of their committee is anticipated soon, potentially this week.

The New Jersey plan would allow only Atlantic City casinos to operate internet wagering.

Standards published for the control of problem gambling on the internet

 On April 23, the National Council on Problem Gambling published a set of standards it feels should be a part of all regulatory systems for internet gambling.

The National Council on Problem Gambling (NCPG) does not advocate that internet gambling should be prohibited. Instead, the organization argues that legalization of internet gambling should be accompanied by standards which mitigate the negative social effects of gambling.

“The most ethical and cost effective response to gambling addition issues raised by internet gambling is a comprehensive public health strategy that includes prevention, education, treatment, enforcement  and research services,” according to NCPG.

NCPG developed its standards after studying gambling regulatory codes from around the world and gathering empirical evidence and feedback from experts in the field. The organization also considered laws covering the online purchase of other age-controlled products such as alcohol and tobacco.

NCPG is an important political player because it is the largest organization that lobbies for programs and services to assist problem gamblers and their families. NCPG spokespersons are frequently invited to offer testimony to Congress and state legislatures.

NCPG’s “Internet Responsible Gambling Standards” are contained in a brief 7-page document (.pdf).

Below is an outline of the standards:

  • Policy
    • Policy commitment to responsible gambling
    • Strategy for responsible gambling
    • Support
  • Staff Training
    • Corporate policy
    • Training
  • Informed Decision Making
    • Information about gambling
    • Personalized information
    • Limit setting
    • Time out
  • Assisting players
    • Policies
    • Responding to information requests
  • Self-exclusion
    • Self-exclusion
    • Self-exclusion policies
    • Exclusion length
    • Communication with players
    • Access to help
    • Conditions of exclusions
    • Enforcement
    • Reinstatement
    • Renewal
  • Advertising and promotion
    • Advertising policy statement
  • Game and site Features
    • Passage of time
    • Display cash
    • Game features
    • New features
    • Registration
    • Multiple accounts
    • Free games
    • Encouragement to retreat
    • Underage gambling
    • Credit
  • Research
    • Transparency

New Jersey S1565 passes Senate budget committee

A bill to license and regulate internet gambling within the territorial borders of New Jersey easily passed a vote by the State Senate’s Budget and Appropriations Committee on April 3 by a vote of 11-0 (with 1 not voting and 1 abstention).  Now the bill heads to the floor of the Senate.

Senate Bill 1565 seeks to legalize internet gambling by way of supplementing New Jersey’s Casino Control Act with provisions related to the regulation of games on the internet. Casino games and poker would be permitted but not sports betting. The only entities that would be allowed to operate games on the internet are licensed Atlantic City casinos.

Sponsored by Senators Raymond Lesniak and Jim Whelan, S1565 is very similar to a bill that moved swiftly and easily through the legislature last year but failed to become enacted after Governor Chris Christie refused to sign it. In recent weeks there has been much speculation in both industry journals and mainstream media as to whether Governor Christie might now be ready to sign an internet gambling bill, but his office has not issued a statement on the matter.

No action on S1565 has been scheduled on the floor of the Senate yet, but a vote seems certain.

Legalized Games

S1565 would enable licensed Atlantic City casinos to operate all of the same games on the internet that they operate in their brick-and-mortar casinos.

Eligible License Applicants

The only entities who would be able to operate internet gambling in New Jersey are licensed Atlantic City casinos. Operators would be required to locate all equipment for conducting internet wagering in a secure location in Atlantic City.

Taxes and fees

Operators would be taxed at 10% of gross revenues from internet wagering. This compares to an 8% tax on gross revenues from brick-and-mortar operations.

The initial license fee would be at least $200,000 and then subsequent annual renewal fees would be $100,000.

Agency Duties

New Jersey’s Division of Gaming Enforcement would be responsible for recommending internet wagering regulations to New Jersey’s Gaming Control Commission. Additionally, the Division of Gaming Enforcement would create an Office of Internet Wagering to perform duties related to internet gambling regulation.

Connecticut Governor Prepares for Legalized Internet Gaming

The legalization of internet gambling is likely to proceed piecemeal over a period of several years in the USA, at the discretion of each state as it becomes ready to experiment.

New Jersey is poised to become one of the first states to legalize,  and the governor of nearby Connecticut says he would like his state to start competing as quickly as possible.

“Internet gaming is going to come to the United States,” says  Connecticut’s Governor Daniel P. Malloy.

“Now that doesn’t mean it’s necessarily going to come to all 50 states, but I don’t have to worry about all 50 states. I have to worry about the states that we compete with, particularly for casino traffic, which is roughly New Jersey through Maine, through Eastern Pennsylvania, and New York State. And if [internet gaming] comes to any one of those places, as it clearly is going to because it’s going to come to New Jersey– they passed it last last year, and the the governor said he’s going to sign it this year [even though] he vetoed it last year– and if it is at all tied to the success of their casinos, then the shot is fired… So I think all of our discussions are about being ready for what’s going to happen in our region….”

The editorial meeting, in which Governor Malloy openly fields questions in a straight-forward and informed manner, is available for streaming at The Day:  Malloy sees need to protect casinos.

Among the highlights:

Reporter: Do compacts have to be renegotiated to allow online gaming? (5:00-minute mark).

Governor Malloy: Sure.

Reporter: Are there active and ongoing discussions with the two tribes?

Governor Malloy: Yes. Tribes, the lottery, everybody. We’re all trying to figure this out together.

Reporter: Is the assumption they would be the ones operating?

Governor Malloy: I don’t think there is any assumption. I think there are sufficient questions around that issue, [such as] who has authority [to operate]… The wisdom or lack of wisdom of competing with casinos, is another one of the issues we have to take into consideration.

We have two highly successful organizations running gaming in our state. Actually three; the lottery does a good job as well. They all have to be at the table and we’ve got to figure this thing out. We’re working on it– and have been working on it– but it took on a whole new dimension the Friday before Christmas. There is no doubt about it.

Reporter: Do you expect any action this legislative session?

Governor Malloy: Yes. I hope so. Whatever we’re going to do we should do. New Jersey is going to pass it in a couple weeks. Let’s assume New Jersey permits it and allows their casinos to operate, and all of a sudden they’re operating online gaming and they’re giving points or incentives to use their casinos…