Post by Admin on Feb 18, 2015 18:26:23 GMT -8
Our State Constitution only allows gambling activities specifically authorized by the legislature. Because of this, internet poker has never been 'legal' in the State of Washington.
No doubt spurred on by the rise in popularity of internet poker, a state senator with no regard for the freedoms of the people of our state, introduced and pushed thru a knee-jerk reaction of a bill, one that ultimately made even playing online poker a felony in our state. That bill was SB6613 (2006), which passed unanimously in the senate and with only five 'nays' in the house, and it gave us the amended language of RCW 9.46.240 that remains in effect to this day.
The new legislature, in 2007, saw bills introduced to reduce the player penalty: HB2127 (2007) and HB2320 (2007) introduced by Rep. Strow (w/5 others, including Appleton) would have reduced the penalty for 'recreational play' to a misdemeanor, with Appleton introducing an amendment to reduce it further to a civil infraction; This effort died in the rules committee.
The issue sat forgotten until 2013, when Rep. Harris introduced HB1824, another attempt to reduce the penalty to a civil infraction. This bill was heard by the committee, but was tabled under the guise of taking amendments for a full regulation. The committee clock ran out before any such action occurred. The civil infraction approach is troublesome . . . the current law, while harsh, would also be expensive to prosecute as a felony case, and as such has never been enforced. As a civil offense, the burden of proof is substantially lowered, players would essentially have to prove innocence, and at their own expense. This makes it easy to enforce, and the fact that defending against such an infraction would likely cost a player more than the $50 fine, we would likely see a lot of fines. This approach should be abandoned.
With HB1824 dying in committee, we had the audacity to believe we could rally support for an Initiative to the Legislature and force the issue once again before the legislature, and if they fail to act, on to the voters. We filed two measures, I-582 would have regulated in-state operators; and I-583, which would have exempted those acting only as a player from the penalty provided for in RCW 9.46.240. But an army of supportive volunteers never materialized, nor did the funds necessary to have a successful signature drive. The effort failed to gather the necessary signatures, but we kept the issue out front throughout the year, in anticipation of Rep. Harris' expected bill in 2014.
But that bill from Rep. Harris failed to materialize, and 2014 saw us once again without a vehicle in the legislature. But we would spend 2014 working on a proposal of our own, one that we hope will find support from in-state interests as well as from the international providers who would serve them. We also spent that time reaching out to legislators, including the House Committee Chair we would have to get through to, and raising our state's profile in the national conversation on regulating internet poker.
That effort would bear fruit in 2015, as Rep. Appleton prefiled our proposal, giving us HB1114 (2015). Fortunate to get the bill introduced, we still have not brought together the support necessary to advance the cause, and the bill would not receive a hearing in this session. The good news is, the bill will be waiting in 2016, and perhaps another bill (or two) will be introduced as well. This will be a pivotal year, and player support is no less important today than at any time in our history.
No doubt spurred on by the rise in popularity of internet poker, a state senator with no regard for the freedoms of the people of our state, introduced and pushed thru a knee-jerk reaction of a bill, one that ultimately made even playing online poker a felony in our state. That bill was SB6613 (2006), which passed unanimously in the senate and with only five 'nays' in the house, and it gave us the amended language of RCW 9.46.240 that remains in effect to this day.
The new legislature, in 2007, saw bills introduced to reduce the player penalty: HB2127 (2007) and HB2320 (2007) introduced by Rep. Strow (w/5 others, including Appleton) would have reduced the penalty for 'recreational play' to a misdemeanor, with Appleton introducing an amendment to reduce it further to a civil infraction; This effort died in the rules committee.
The issue sat forgotten until 2013, when Rep. Harris introduced HB1824, another attempt to reduce the penalty to a civil infraction. This bill was heard by the committee, but was tabled under the guise of taking amendments for a full regulation. The committee clock ran out before any such action occurred. The civil infraction approach is troublesome . . . the current law, while harsh, would also be expensive to prosecute as a felony case, and as such has never been enforced. As a civil offense, the burden of proof is substantially lowered, players would essentially have to prove innocence, and at their own expense. This makes it easy to enforce, and the fact that defending against such an infraction would likely cost a player more than the $50 fine, we would likely see a lot of fines. This approach should be abandoned.
With HB1824 dying in committee, we had the audacity to believe we could rally support for an Initiative to the Legislature and force the issue once again before the legislature, and if they fail to act, on to the voters. We filed two measures, I-582 would have regulated in-state operators; and I-583, which would have exempted those acting only as a player from the penalty provided for in RCW 9.46.240. But an army of supportive volunteers never materialized, nor did the funds necessary to have a successful signature drive. The effort failed to gather the necessary signatures, but we kept the issue out front throughout the year, in anticipation of Rep. Harris' expected bill in 2014.
But that bill from Rep. Harris failed to materialize, and 2014 saw us once again without a vehicle in the legislature. But we would spend 2014 working on a proposal of our own, one that we hope will find support from in-state interests as well as from the international providers who would serve them. We also spent that time reaching out to legislators, including the House Committee Chair we would have to get through to, and raising our state's profile in the national conversation on regulating internet poker.
That effort would bear fruit in 2015, as Rep. Appleton prefiled our proposal, giving us HB1114 (2015). Fortunate to get the bill introduced, we still have not brought together the support necessary to advance the cause, and the bill would not receive a hearing in this session. The good news is, the bill will be waiting in 2016, and perhaps another bill (or two) will be introduced as well. This will be a pivotal year, and player support is no less important today than at any time in our history.