Category Archives: legislation

Bipartisan Legislation filed to Address Military Gambling Issues

Casino Watch Focus has reported on past efforts to pass provide support to those in the military who experience gambling addiction, sometimes at military ran gambling facilities. Most recently, the Trump Administration pushed a directive to add gambling addiction screenings for military personnel in hopes of identifying and treating those in need. The new provision added to the National Defense Authorization Act carried out the screenings during the medical evaluation phase, but some believe even more can be done. Bipartisan legislation is being introduced by Senators Elizabeth Warren (D) and Steve Daines (R) that seeks to address the issue further and it has the support of the National Council on Problem Gambling. An online source reports:

The *National Council on Problem Gambling*(NCPG), the national organization for people and their families who are affected by problem gambling and gambling addiction, has welcomed the reintroduction of the bipartisan Gambling Addiction Prevention (GAP) Act of 2019 by *Senators Elizabeth Warren*and *Steve Daines*. The GAP Act, drawn up to protect members of the military, is complemented by companion legislation introduced in the House by Representative *Susie Lee*.

*Keith Whyte*, Executive Director of NCPG, commented: “I applaud Senators Daines and Warren and Representative Lee for taking the lead on the GAP Act to address problem gambling in the military. NCPG believes there exists an ethical and economic obligation to protect our troops by preventing gambling addiction.

“Problem gambling is a critical issue that is far too often overlooked. Research reveals that problem gambling uniquely impacts the military. For example, an estimated 56,000 service members meet the criteria for problem gambling, while military members lost $100m on 3,000 slot machines at overseas bases in 2018 alone. Clearly, the Department of Defense holds an even higher obligation to address problem gambling because of the windfall profits they make from gambling.”

Gambling addiction and gambling related problems can pose unique risks to those who serve in the military to go beyond the typical gambling related problems civilians’ experience. Military Times explains:

Warren said the move is designed “to honor the sacrifices service members and veterans make for our country” by helping individuals “get the treatment they need.”

Troops and veterans with significant gambling debts could face difficulties gaining or maintaining security clearances, due to fears that their financial situation leaves them more susceptible to blackmail.

Studies have found gambling addition is connected to a higher risk of suicide attempts, behavioral disorders, and other health concerns.

Complicating the issue are nearly 3,000 slot machines still in operation at overseas military bases, which bring in millions in revenue each year for military morale and recreation programs.

For more information on the dangers of gambling, please visit CASINO WATCH & CASINO WATCH FOUNDATION

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UPDATE: Florida Gov. DeSantis Vetoes Lottery Ticket Warning Labels

Casino Watch Focus has reported on the many ongoing issues surrounding the Florida Lottery, with the most recent being a bill that sought to place warning labels on lottery tickets. The warnings would be visible on the ticket and remind players that lottery games could become addictive and to play responsibly. There was immediate opposition from those who relied on gambling as a source of revenue as they seemed to believe the warning labels would be effective and thus reduce their coffers. No Casino’s John Sowindki responded by pointing out the moral dilemma in funding education off gambling addicts, but it would appear that position is being rejected by Florida Gov DeSantis as he has vetoed the bill the passed the Florida legislature. An online source reports:

Lawmakers seeking to slap gambling-addiction warnings on state lottery tickets and advertising once again failed to scratch out a winner.

On Friday, Gov. Ron DeSantis, noting potential impacts to money for education, vetoed a controversial bill (HB 629) that sought to require the following warnings to be prominently displayed on the front of all lottery tickets: “Warning: Lottery games may be addictive,” or “Play responsibly.”

DeSantis in a letter accompanying his veto noted that Florida Lottery officials expressed concerns the new warning requirements could affect marketing and participation in multi-state games.

For more information on the dangers of gambling, please visit CASINO WATCH & CASINO WATCH FOUNDATION


UPDATE: Congress Looks to Defund the DOJ’s Ability to Enforce its Online Gambling Interpretation

Casino Watch Focus has reported on the Department of Justice’s Wire Act interpretation as it relates to online gambling. The Trump Administration looked to return to the original interpretation of the wire act, which effectively bans all online gambling. The need arose because the Obama Administration reinterpreted the wire act to only apply to sports betting, thus legalizing all other forms of online gambling. Both sides of the debate claim the wire act’s plain language allows for their interpretation, but thus far, Congress has yet to pass any new, or straightforward legislation that would clear the issue up. However, Congress does appear to be getting involved, but in a most unusual manner. A new amendment has been proposed that takes away the DOJ’s funding for enforcement of its new interpretation. An online source explains:  

Rules Committee members filed an amendment this week regarding an appropriations bill that will block funding that would be used to enforce the new Wire Act interpretation. The primary sponsor of the amendment is Representative Hank Johnson. He is joined by Representative Sanford Bishop and Representative Andy Barr as sponsors.

The proposal wastes no time and gets right to the point, stating that none of the funds made available by the Act may be used to enforce the new memorandum titled Reconsidering Whether the Wire Act Applies to Non-Sports Gambling.

The amendment is to be voted on this week and while it will not affect the law in general, it will prevent the Department of Justice from enforcing their new opinion.

For more information on the dangers of gambling, please visit CASINO WATCH & CASINO WATCH FOUNDATION


UPDATE: Seminole Tribe Ends Payments to Florida After Failed Compact Negotiations: Special Legislative Session Talks Begin

Casino Watch Focus has reported on the recent news that the Florida legislative session would end with no gambling deal in place. The failure to renegotiate a deal has been an ongoing issue. At the core of the problem is that the Seminoles have exclusive rights to table games and certain gambling. Florida has not been enforcing this exclusivity and the courts sided with the Seminoles. However, the Seminoles have been acting in good faith, providing the state with the estimated $300 – $350 million annual payments the original agreement set up for such exclusivity. But now that the legislature has once again failed to stop others from offering designated card games, which is expanding gambling in the state, the Seminole tribe has decided to now stop providing the good faith payments. The Sun Sentinel reports:  

The tribe had warned it would halt the payments, which totaled nearly $330 million last year, because of controversial designated-player card games offered by many of the state’s pari-mutuel cardrooms. The Seminoles — and a federal judge — say the games violate part of a 20-year gambling deal by the tribe and the state in 2010. That deal, in part, gave the tribe exclusive rights to “banked” card games. 

The Seminole Tribe of Florida made good on threats Tuesday by telling Gov. Ron DeSantis it is quitting a long-standing revenue-sharing agreement with the state after negotiations on a new gambling deal went nowhere this spring. 

In a July 2017 settlement between the Seminoles and former Gov. Rick Scott, the state agreed to drop its appeal of Hinkle’s decision and to take “aggressive enforcement action” against pari-mutuels operating banked card games that violate state law. In exchange, the Seminoles agreed to continue making payments to the state until the end of this month. “Unfortunately, there has not been aggressive enforcement against those games, which have expanded since Judge Hinkle’s decision,” Osceola wrote.

Florida lawmakers considered this possible outcome, and mad adjustments the budget, but some believe the financial contribution, and the gambling restriction that comes from Seminole exclusivity, too import to not make an attempt to resolve the issue.   An online source explains:

State Representative Evan Jenne called for negotiations with the Seminole Tribe of Florida to reinstate the annual payments of an estimated $350 million suspended by the tribe after a failure to reach an agreement about the future of gambling in the state. “That’s just too much money to be left out there unaccounted for in our budget,” said the legislator.

Jenne, a Democrat who represents 99th District which include most of Hollywood and Southern Broward, said the suspension of payments from the tribe could have been avoided. “It was something that was a long time coming, it’s been talked about for quite some time it’s been nearly a decade since the compact would, should have been signed,” he said.

“They had a promised of exclusivity when it came to games like that and the state has not done their part in holding up that part of the bargain,” said Jenne.

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Florida Gov Encouraged to Pass Lottery Ticket Warnings

Casino Watch Focus has reported on a Florida Bill that would call for warning labels to be placed on the front of physical state lottery tickets sold, as well as prevent online sales in the future. The warning labels would be visible and warn that playing lottery games constitutes gambling and may lead to gambling addiction. Those in support of using gambling as the means to fund education took issue with the bill and drafted a letter. No-Casino’s John Sowindki addressed the problems with the letter and encouraged passage. Florida Politics reports: 

“The lottery industry would rather pretend that there are no adverse consequences to their regressive and addictive enterprise,” said No Casinos President *John Sowinski*. “Clearly there are.” Sowinski goes after specific points raised in a letter from World Lottery Association President *Rebecca Paul Hargrove* to Gov. *Ron DeSantis.*

Hargrove argues requiring warning labels on the front of lottery tickets threatens education revenues in Florida and sets bad precedent nationwide. “The instant scratch-off games have been around for over 45 years, and sales of these games continue to grow every year,” Hargrove wrote, “but more importantly the sales of these games continue to grow funding for good causes every year.”

Sowinski suggests Hargrove gives up the game in her search for further lottery sales.“Rebecca Paul Hargrove’s letter is basically an admission that if Floridians are properly warned about the addictive nature of scratch-off games and other lottery products, that some will choose to not spend money on them,” Sowinski said, “which is the entire purpose of this good legislation.”

Moreover, Sowinski then brings into question the very nature of raising funds off those that are addicts in the first place. Florida Politics continues:

The legislation requires ticket labels read either “WARNING: LOTTERY GAMES MAY BE ADDICTIVE” or simply “PLAY RESPONSIBLY.”

Sowinski scoffed at the reluctance to warn against dangerous behavior or to demonstrate responsibility.

“The World Lottery Association’s letter never disputes the addictive nature of these games,” he said. “The fact is that gambling enterprises, including lotteries, rely on addicts who spend a high volume of money for a large portion of their profits. That they would object to a simple, truthful warning label is obnoxious.”

The bill has been sent to the Governor’s desk and awaits his action.

For more information on the dangers of gambling, please visit CASINO WATCH & CASINO WATCH FOUNDATION


New Federal Legislation to Regulate Predatory Gambling-esque Loot Boxes in Video Games Announced by Mo Sen. Hawley

Casino Watch Focus has reported on the ongoing developments and many efforts by regulatory officials to bring awareness to a new form of gambling aimed at kids and video game players. Loot Boxes are a new gambling type mechanic that has the player pay money to open a mystery box in hopes of winning loot to help them in the video games they are playing. In some cases those items carry real value that can be sold, effectively making them video game slot machines aimed at kids. In other cases, loot boxes are implemented to play on the exact same psychology exhibited when people outright gamble, and regulators and studies agree. A lot of international efforts have been taken, but domestically, the reactions have been mostly to encourage the industry to fairly self regulate and to call for investigations into this gambling-esque video game mechanic that is largely targeting children. However, new federal legislation has now been announced by Missouri Senator Josh Hawley. NBC News Online reports: 

Senator Josh Hawley, R-Mo., is introducing legislation that seeks to ban exploitative video game industry practices that target children like loot boxes and pay-to-win, he announced on Wednesday.

“Social media and video games prey on user addiction, siphoning our kids’ attention from the real world and extracting profits from fostering compulsive habits. No matter this business model’s advantages to the tech industry, one thing is clear: there is no excuse for exploiting children through such practices,” Sen. Hawley said.

“When a game is designed for kids, game developers shouldn’t be allowed to monetize addiction. And when kids play games designed for adults, they should be walled off from compulsive microtransactions. Game developers who knowingly exploit children should face legal consequences.”

There are many strategies for regulating microtransactions and loot boxes. Some places have banned them outright, others have looked at making sure the items cant be sold for cash, thus not being gambling, but a transaction and others have focused on the intent of the loot box or simply the age of those making these purchases. Sen Hawley’s approach is a bit of an amalgam with the emphasis on the age of the player and the legislation utilizes a unique lens, The Children’s Online Privacy Protection Act. An online source explains: 

Called “The Protecting Children from Abusive Games Act,” the bill would specifically seek to protect minors by focusing on games either targeted at, or played by, consumers under the age of 18. Determining what games are targeted at minors would apparently be based upon a number of factors, including the game’s subject matter, visual content, and other indicators similar to those used to determine the applicability of the Children’s Online Privacy Protection Act (COPPA).

For games that meet the bill’s criteria, the legislation would prohibit “several forms of manipulative design.” In particular, the announcement identifies that the legislation would prohibit loot boxes, defined as “microtransactions offering randomized or partially randomized rewards to players.” Further, it would outlaw “pay-to-win” game designs, including both (1) attempting to induce players to spend money to quickly advance through game content that is otherwise available for no additional cost; and (2) manipulating the balance in competitive multiplayer games to give players who purchase additional microtransactions a competitive advantage over other players who do not pay the additional fees.

The proposed legislation would be enforced by the FTC through its authority to curb unfair and deceptive trade practices. In addition, the proposed legislation would empower state attorneys general to file lawsuits against game makers to enforce the act. 

For more information on the dangers of gambling, please visit CASINO WATCH & CASINO WATCH FOUNDATION

 


Florida Gambling Deal Fails to Pass this Legislative Session

Casino Watch Focus has reported on the ongoing gambling negotiations between the Seminole tribe and Florida legislators. Many factors were at play, including a sports betting discussion that looked to circumvent a recent Florida Amendment requiring any new gambling legislation to be passed by a majority of the people. That plan, as well as other gambling issues that were being discussed, has ran out of time this legislative session. In the wake of the news, the only outstanding question is whether or not a special legislative session will be called to deal with any gambling related issues. As of now, it appears the intent is to wait until next year. The Tampa Bay Times reports:

With just days left in the annual legislative session, House Speaker José Oliva on Monday put to rest the possibility of passing a gambling deal. Oliva, R-Miami Lakes, also said he would prefer not to hold a special legislative session to try to pass a gambling bill, likely pushing the issue back to next year. “I think we simply ran out of time this year,” Oliva said.

The 2019 session is scheduled to end Friday. Powerful Sen. Wilton Simpson, R-Trilby, and representatives of the Seminole Tribe of Florida have negotiated for weeks on a deal that included the possibility of sports betting at the Seminoles’ casinos as well as at Florida racetracks and jai alai frontons, with the tribe acting as a “hub.” Allowing in-play sports betting, known as “proposition” or “prop” bets, at professional sports arenas also was part of the talks.

Gov. Ron DeSantis received an outline of a deal and met with numerous gambling-industry officials Friday. But revamping gambling laws is highly complicated as it involves numerous interests, including the Seminole Tribe and pari-mutuel operators. 

For more information on the dangers of gambling, please visit CASINO WATCH & CASINO WATCH FOUNDATION