Robert Wexler’s H.R. 2610: A Closer Look

Remember all those times you said to yourself, “Online poker should be exempt from all of this legislation. It’s a skill game, right?” One Congressman has taken that mentality to heart and developed the aptly-titled “Skill Game Protection Act.” Known in the United States House of Representatives as H.R. 2610, the Act seeks exemption from existing anti-gaming legislation for poker, bridge, backgammon, and mah-jong. The fact that H.R. 2610 specifically mentions poker should immediately get you onboard. Proposed by Congressman Robert Wexler (D-FL), H.R. 2610 is one of four pieces of legislation currently in line for discussion in Congress. This article seeks to break down the bill and provide an update from the Poker Players Alliance.

The Text

Congressman Wexler’s bill focuses on carving out an exemption for skill games from the Unlawful Internet Gambling Enforcement Act. The bill emphasizes that minors should not be allowed to access gaming websites, that “persons with compulsive behavior should be identified and referred to treatment,” that money laundering issues will be addressed, and finally, that the industry will be taxed. The bill specifically refers to poker, chess, bridge, mahjong, or any other game where the action is essentially player versus player and not player versus the house. Most importantly, according to the Poker Players Alliance, the bill clarifies the Wire Act of 1961 to allow skill games to exist within the existing legislative framework.

PPA Chairman and former three-time Senator from New York Alfonse D’Amato comments on H.R. 2610: “Congressman Wexler’s bill is a positive development for the millions of American poker players who enjoy one of our nation’s great pastimes. Poker and other games of skill have fallen victim to bad public policy. Wexler’s plan will give skill games the rightful protection they deserve and it will require the proper safeguards to protect children and those prone to abuse.” He adds, “Congressman Wexler’s legislation is necessary to provide equitable treatment for true games of intellect and competitions among individuals. Americans have played poker responsibly throughout our history and the Wexler bill will ensure that the game is enjoyed for years to come.”

Congressman Wexler came on the PocketFives.com Podcast in July and gave the following summation of his bill: “My bill would undo the prohibition that was put in place during the last Congress that prevents adult Americans in consensual fashion from playing poker and a whole other set of games. My bill essentially says that an adult in America can play a game of skill if he or she chooses and that the U.S. Government should not be in the business of deciding what games adults should be playing on the internet.”

The Co-Sponsors

The bill was introduced on June 7th, but has not yet been discussed in committee. It was referred to the House Financial Services Committee (of which Congressman Barney Frank is Chair) along with the Judiciary and Commerce Committees.

H.R. 2610 has garnered 13 Co-Sponsors to date. They are:

Rep Ackerman, Gary L. [NY-5] – 7/18/2007
Rep Berkley, Shelley [NV-1] – 7/10/2007
Rep Capuano, Michael E. [MA-8] – 7/17/2007
Rep Cohen, Steve [TN-9] – 7/17/2007
Rep Engel, Eliot L. [NY-17] – 7/27/2007
Rep Hastings, Alcee L. [FL-23] – 7/10/2007
Rep Larson, John B. [CT-1] – 7/18/2007
Rep Moran, James P. [VA-8] – 7/17/2007
Rep Ryan, Tim [OH-17] – 7/23/2007
Rep Sanchez, Linda T. [CA-39] – 7/18/2007
Rep Thompson, Bennie G. [MS-2] – 6/27/2007
Rep Towns, Edolphus [NY-10] – 7/25/2007
Rep Weiner, Anthony D. [NY-9] – 7/17/2007

The Update

The PPA’s John Pappas provides the latest update on H.R. 2610: “At this time, there is not a hearing scheduled on H.R. 2610, the Skill Game Protection Act. We do believe, however, that a House Committee will be holding a hearing to further examine the Internet gaming bills that have been proposed this Congress. Ideally, we would like to see this in September.”

Pappas believes that Wexler’s and Frank’s bills are compatible with one another (rather than competitive pieces of legislation), meaning that online poker has several outs right now in Congress. “The ultimate goal of this bill is to clarify the legal status of poker as a game of a skill and to exempt it (and other skill games) from the recently passed UIGEA as well as the 1961 WIRE Act. If this happens, it will be a huge victory for online poker. We will then need to work with the appropriate regulators to ensure that U.S. players will not have roadblocks when funding these ‘skill game’ accounts.”

Stay tuned to PocketFives for further updates on Congressman Robert Wexler’s Skill Game Protection Act. If you’re not a member of the Poker Players Alliance, you should be. 661,000 poker players have already become a part of this vital organization. Visit the Poker Players Alliance website for more details.

Hosting poker games is not only a crime in the state of Connecticut but also may violate state liquor laws.

On Tuesday, Consumer Protection Commissioner Jerry Farrell Jr. issued a
statement emphasizing that “our liquor permit holders … need to
comply with state laws on this issue.”

The alert comes on the heels of a similar announcement in July from
Paul Young, the executive director of the state’s Division of Special
Revenue, reminding the public of the illegality of poker tournaments.

Under Connecticut law, not only poker but also gambling of any kind
“should never be allowed within permit premises,” Farrell stated. He
lists a host of examples that include blackjack, roulette,
pool-selling, bookmaking, dice tables and even pinball machines, “which
award anything other than an immediate and unrecorded right of replay.”

In Connecticut, poker and certain types of gambling, like slot machines
and table games, are legal only at the state’s two tribal casinos,
Mohegan Sun and Foxwoods Resort Casino. Foxwoods already offers poker
play, and Mohegan Sun plans to open a poker room next summer.

“I am confident that our permit holders realize that their liquor
permits are a privilege, and they do not want to risk either a
suspension or loss of a permit by violating state gambling statutes,”
Farrell said.

According to the Division of Special Revenue, it is illegal for bars
and other business establishments or even a nonprofit group raising
money for a good cause to host poker tournaments.

In one’s home, playing poker with friends and family from week to week
is permissible, but a host cannot legally collect money for running the
game or invite people who have no pre-existing social relationship with
the host, the DSR said earlier this year.

For more information about gambling in Connecticut, permit holders
should review information on the state’s Division of Special Revenue
Web site at www.ct.gov/dosr.

The Day (08/22/07)

Little Rock – A
Little Rock poker establishment is postponing its opening after the
city said the venue would go against Arkansas gambling laws.

The National Poker Challenge has
already set up shop in Little Rock, and was set to hold its first poker
tournament last weekend. But that tournament was cancelled after the
city attorney advised the NPC it would be illegal.  

The NPC opened one year ago in
Memphis, Tennessee. Since then, it has expanded operations to
Oregon–and now Arkansas. They advertise as “the only legal poker room”
of its kind in the world.

Most players pay a monthly membership
fee to track their performance in a league. No fee is charged for
playing the actual game, so players don’t have to “buy in.”

But Little Rock City Attorney Tom
Carpenter says just because some participants will play for free is
beside the point. In a letter to the local officials, Carpenter argued
that the NPC’s operation is illegal because it involves the risking of
money between two or more persons, on a contest or chance, where one
must be the loser and the other a winner.

(Lt. Terry Hastings, LRPD)
“Anytime we find a violation of those gambling laws, we issue citations
and make arrests for that. That’s part of our duty.”

The NPC maintains that its operation is perfectly legal. 

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