Showing posts with label gambling bill. Show all posts
Showing posts with label gambling bill. Show all posts

Despite that there is still no definite law legalizing online casino gambling in South Africa, under the current National Gambling Act, the forthcoming passing of the National Gambling Amendment Bill is likely to bring with it a dramatic turn around in the current situation. The bill has already been approved by the National Assembly, and only the approval of the National Council of Provinces is pending its go ahead. Part of the bill will include safer conditions for online casino players in South Africa who currently face up to R 10 million in fines or up to 10 years imprisonment.

South Africa is in still in a state of uncertainty when it come to online gambling legislation and it looks like it will remain that way until a commission has concluded its findings and presented them to Parliament. South Africa's Department of Trade and Industry's chief director of policy and legislation, Nomfundo Maseti, explains, “online gambling is not allowed in S.A .at the moment”. There are an estimated half a million online gamblers in the country and the department does not have any information on how much money is being won or lost illegally in S.A. Maseti, also said, that there are no regulations in place to regulate the industry and that South Africans gambling online are doing so illegally and could forfeit their winnings. “It's a risk that they take... you've engaged in an illegal activity.”

According to testimony this week at the National Gambling Review Commission, black market online casino sites are thriving due to the slow movement by government to follow through on the Interactive Gambling Act. The law would license up to top 10 online casino operators for the country, and establish regulations and taxation for them. But implementation cannot begin until Rob Davies, the Minister of Trade and Industry, gives his approval to adjoining regulations.

Online casino has the potential to be a revenue generator for the government. Should the government decide to regulate and licence online casino, the National Gambling Board has considered issuing only 10 licences. Gambling operators would be required to prove they have a physical presence in South Africa and their financial transactions would have to be located within the country's borders.

According to South Africa's Department of Trade and Industry's chief director of policy and legislation, Nomfundo Maseti explained there have been a number applications for licences in South Africa and with delay after delay the concerned companies are getting frustrated. Maseti said, “They can't wait forever.” The government is dithering and in the mean time with an absence of clear responsible rules laid out punters are basically just doing whatever they want.

The cash-strapped state that has shown willingness in the past to be a trendsetter when it comes to legislative action is ready to hold a hearing on the merits of regulating online poker. California State Sen. Roderick Wright that the state legislature is planning on holding a hearing on the issue in February.

Moreover, top casinos Commerce Casino and Morongo Tribe are amongst entities supporting the regulation. Both the Morongo tribe and Commerce hope to operate online casino poker if the legislation became law. Patrick Dorinson, Morongo Tribe's spokesperson said, “About one million Californians are playing poker offshore right now,” referencing the popularity of current online poker sites that serve US players.

Lawmakers are hesitant to predict how much intrastate online poker could bring in to the state in terms of revenue, but the state operated poker like it does its Indian-run slot machines, more than $250 million could be raised per year. If ever, California would become the first state to explicitly legalize and regulate intrastate online poker if this proposal becomes law.

On the contrary, not all groups support the proposal. Robert Smith, the chairman of the California Tribal Business Alliance said, “Card game gambling on the Internet would take business away from brick-and-mortar casinos,” . Jim Butler, executive director of an advocacy group against gambling expansion said, “If someone can come home from work and give their credit-card number to an Internet site and lose thousands of dollars, that is going to exacerbate a bad situation”.

However, The Department of Justice has long claimed that all forms of gambling on the Internet are illegal, but there is no applicable law that states such a position, and most lawyers agree that the law that the Department of Justice refers to, the Wire Act, only applies to sports betting.

A recent ruling by the U.S. third circuit court of appeals clarified that the UIGEA, which was passed in 2006, did not criminalize any forms of online gambling. That law just affects the payment processors and how money can be transferred onto sites.

While California legislators don’t appear to be intimidated by the Department  Of Justice's position on online poker, U.S. law is much less vague when it comes to the operation of online gambling. State and federal laws prohibit companies from operating Web-based gambling games in the country.

After months of waiting, state universities may finally be able to start drawing from expected state revenue from table game gambling in Pennsylvania. The state House approved on a preliminary 98-94 vote a proposal to authorize table games such as blackjack, craps and roulette at all Pennsylvania casinos.

The table games bill, the final piece of the 2009-10 budget package, could get final consideration on the House floor Tuesday, after which it would go to the Senate. With that step taken, the House also voted last night to approve delayed appropriations to Penn State, Pitt, Temple and Lincoln universities.

The Democrats' plan would permit the state’s racetrack and free-standing casino operators, including Penn National in East Hanover Township, to pay a $16.5 million fee to obtain the expanded licenses. Profits on the new casino games would taxed at 14% through May 2011, plus another 2 percent for payments to host communities. The tax rate would fall back to 12 % in June 2011.

The measure, unveiled by House Democratic leaders in recent days, would raise the state's number of casino licenses from 14 to 15 and legalize table games such as poker, blackjack and craps at the state's slot-machine casinos. It is supposed to raise $320 million for the state over the first two fiscal years by setting a tax rate on gambling revenue from table games at 14 percent and requiring the casinos to pay millions of dollars in license fees.

In the latest twist to the debate, Democratic leaders Monday proposed in their bill to create a Category III, or "resort," license after ruling out authorizing additional casinos last week. The issue is relevant in the midstate because of Gettysburg businessman David Levan’s interest in developing a casino at the Eisenhower Hotel & Conference Center in Cumberland Township, south of the borough.

But the new license is far from a sure bet. Erik Arneson, a top aide to Senate Majority Leader Dominic Pileggi, R-Delaware County, said Monday it is doubtful there is enough support in the state Senate to approve a gaming bill that creates any new casino licenses. He did not rule out, however, the chance that pro-gambling senators could approve a different provision to allow a new round of applications for the state’s lone, unawarded resort license.

Proponents say the measure will help state government raise additional revenue to shore up its recession-ravaged tax collections and provide jobs at a time when many people are out of work.

The European Gaming and Betting Associatio (EGBA) is the industry body representing the leading online casino and sports betting operators established, licensed and regulated within the European Union. EGBA promotes the implementation of a fair, competitive and regulated market for online gambling operators throughout Europe in line with EU law.

The EGBA presumes that this regulated market should be based on a valid public order and consumer protection concerns and be adapted to the cross-border nature of the online market. A successful regulated market would be based on effective European and international collaboration and cooperation. EGBA is composed of Europe’s top online casino games and sports betting operators, some of which are listed on the stock exchanges of London, Vienna and Stockholm.

The target of the organization are definitely in vulnerablity in Belgium as that country has decided to ignore recommendations from the European Commission and approve in principle. The Secretary General of EGBA, Sigrid Ligne, issued a statement, commenting on Belgium's disregard for E.U. treaty laws, “It is baffling that Belgium does not take into account the opinion of the European Commission that crucial elements of the law are in conflict with EC law requirements. And even more so with a view to the upcoming Belgian presidency of the EU; how can Belgium show leadership in the EU, if it blatantly chooses to ignore the EC Treaty?”.

A majority in the Belgian Parliament voted in favour of the law, Regardless of the objections were raised by some elected officials who brought to point the European Commission concerns including:

    * The requirement for online operators to be established in Belgium
    *The unjustified limitation of the number of available licenses
    *The requirement to have a server located in Belgium
    *Criminal sanctions on consumers wishing to play with EU licensed operators

Secretary General Sigrid Ligne went on to comment, "The law is not only highly questionable from a legal point of view," adding, "In the digital age, limiting the provision of online services only to those exploiting a betting shop or casino in Belgium doesn’t fit with reality. A high level of consumer protection can be achieved by specific and targeted legislation, not by protecting the operators with a vested interest in the current situation."

The new European Commissioner for internal markets, Michel Barnier, from France may have a difficult challenge ahead as he takes on the position from diligent predecessor, Charlie McCreevy. Legal action could be brought against the Belgium State by the E.C. when the law comes into effect.

Some top banking official told Congress that Barney Frank's regulatory plan for online casinos and online sport betting sites would solve the difficulties posed the financial industry by the UIGEA ban.

Samuel Vallandingham, a Vice,-President of the First State Bank of Barboursville, West Virginia, and is also vice-chairman of the Payments and Technology Committee of the Independent Community Bankers of America said, “The added burden of monitoring all payment transactions for the taint of unlawful Internet gambling would drain finite resources currently engaged in complying with anti-terrorism, anti-money laundering regulations, the plethora of new regulations emerging from the financial crisis and the daily operation of community banks to meet the financial needs of their customers”.

Samuel Vallandingham also discussed the scarcity of exposition of illegal online gambling provided in the UIGEA. Because no overriding law exists, he said, banks would have the problematic task of determining each customer's legality with regard to hundreds of state, federal, and local laws. Moreover, also mentioned that the card companies have the advantage of merchant coding to more easily classify casino and gambling transactions, but also pointed out that coding depends on full disclosure by merchants, asking Internet gaming operators to essentially give themselves up.

On the brighter side, some online gambling providers supports the online casino regulations to prevent online gambling and online sports betting scams and other falacies. Like Youbet Chairman Mike Brodsky was amomng the staunchest supporters of regulation, even though the online casino ban supposedly gives the horse race betting his site allows an exemption from blocking of payments. Mike Brodsky said, “Illegal internet gambling in the U.S. is happening right now and is growing, The only way to put any controls is to legalize and regulate it ”.

Also the Harvard University Professor, Malcolm Sparrow support and said, “The U.S. incurs all of the social costs related to U.S. residents gambling online, Legalization with regulation would provide U.S. authorities the power to grant or deny licenses. ”

Last May 2009, Chairman Barney Frank introduced legislation to delay the implementation of regulations pursuant to the 2006-passed UIGEA, which are set to go into effect December 1, 2009. The regulations were completed by the Bush Administration at the last minute, and the legislation will stop federal regulators from enforcing the UIGEA until Congress has had a chance to decide national policy.

Chairman Barney Frank has also introduced H.R. 2267, the Internet Gambling Regulation, Consumer Protection, and Enforcement Act of 2009, that would establish a federal regulatory and enforcement framework under which online gambling operators could obtain licenses authorizing them to accept bets and wagers from individuals in the United States.