Legalization and Licensing of Online Gambling Bill

[Ebowed]

Legalization and Licensing of Online Gambling Bill

1. The Federal Government shall be permitted to grant licenses to online gambling enterprises based in Atlasia or any overseas territories.
2. Atlasian citizens shall be permitted to gamble on internet sites, whether Atlasian or foreign based, and banks shall be permitted to handle financial transfers to such sites that are not proscribed by the State Department.
3. The State Department shall have the right to proscribe and ban monetary transfers to online gambling enterprises in countries under sanction, or ones that are proven to have links to terrorist or criminal organizations.


Sponsor: Sen. BRTD

[True Democrat]

This bill has the White House's full support.

[True Federalist (진정한 연방 주의자)]

This bill needs a rather total rewrite, which I shall work on having ready shortly.

[I spent the winter writing songs about getting better]

Go ahead Ernest, but what problems do you see?

[True Federalist (진정한 연방 주의자)]

Primarily, I'd like to see the license fees better specified and some clarification of what constitutes a criminal and/or terrorist link.

[Inmate Trump]

#3 needs to be removed completely from the bill.

[True Federalist (진정한 연방 주의자)]

What follows is my rewrite, and I offer it as an amendment to replace the entire text of the existing bill.
§1. Definitions
The following shall be added as chapter 46 of Title 15, Commerce and Trade:

"CHAPTER 46 - ELECTRONIC GAMBLING

§ 1901. Definitions
   In this chapter:
      (1) The term "facility" means a "wire communication facility" as defined in section 1081 of Title 18, Crimes and Criminal Procedure.
      (2) The term "license" means a license granted under section 1902 of this title.
      (3) The term "licensee" means the holder of a license.

§ 1902. Electronic Gambling License
   (a) Requirements
      (1) In order to obtain an license to allow a person to engage in the use of a facility for the purpose of facilitating gambling in interstate or foreign commerce, such a person must, under the laws of the residence of the person, be able to legally engage in the form of gambling facilitated.
      (2) In order for a foreign person to obtain a license, an Atlasian person must be able to legally engage in the same activity as that covered by the license and in a manner not substantially more restrictive than those imposed by this chapter.  The President shall determine which countries meet the requirements of this paragraph and such a determination shall not final and not reviewable by any court.
      (3) In order for a person to obtain a license, such a person may not have been convicted of any felony which would result in a sentence of one year or greater if sentenced under the laws of the Republic of Atlasia or the District of Columbia.
      (4) In order for a person to obtain a license, such a person may not have been convicted within the past ten years of any crime punishable under chapters 25 (pertaining to counterfeiting and forgery), 31 (pertaining to embezzlement and theft), 43 (pertaining to false personation), 47 (pertaining to fraud and false statements), 50 (pertaining to gambling), 61 (pertaining to lotteries), 63 (pertaining to mail fraud), 113A (pertaining to telemarketing fraud), 119 (pertaining to wire and electronic communications interception), or 121 (pertaining to illicit access of electronic records) of Title 18, Crimes and Criminal Procedure.
   (b) Duration
   A license issued under this section shall be valid for a period of five years.  Such a license shall be revoked if the President shall learn that the licensee does not meet or no longer meets the requirements of subsection (a).
   (c) Fee
   The President is authorized to charge a fee for processing an application for a license under this section.  Such fee shall be no more than necessary to provide for the administration of this chapter, including the costs of verifying that an applicant meets the requirements of subsection (a).
   (d) Appeal
   If an person has a license application denied or license revoked for a failure to meet the requirements of subsection (a), the person shall be informed of which requirements were not met, and may appeal such a finding.  The President shall establish a means of administrative appeal.  If the person is unsuccessful in obtaining the relief sought from the administrative appeal process, the person may seek relief from the courts, but the courts shall be free to reject such an appeal without further hearing.

§1903. Tax
   A foreign licensee agrees to pay the excise tax imposed on State authorized wagers under section 4401(a)(1) of the Internal Revenue Code of 1986.  A tax treaty between the Republic of Atlasia and a foreign country may reduce the amount of excise tax owed to the Republic of Atlasia under this section by the amount of a similar excise tax paid to that country."

§2. Amendments to Title 18
   (a) Definitions
   Section 1081 of Title 18, Crimes and Criminal Procedure is amended by adding the following paragraph:
   "The term 'wire gambling licensee' means a 'licensee' as defined in section 1901(3) of Title 15, Commerce and Trade."
   (b) Legalization of electronic gambling by licensees
   Section 1084(a)  of Title 18, Crimes and Criminal Procedure is amended by replacing ", shall" with "without being a wire gambling licensee, shall".
Let me know what y'all think of it.

[Colin]

I see this bill has been Ernestized, which means that it has been turned from a short, albeit more vague but definitely more readable and accessible, bill into a monstrous behemoth that seems to feel a reason to define everything and spell out everything with such inherent formality as to make it soul-crushing to read.

Otherwise it seems like a fine amendment Ernest.

[Peter]

Ernest, do you work for a legislative affairs office?

[Ebowed]

Vote on that amendment

[Јas]

Aye

[True Federalist (진정한 연방 주의자)]

Ernest, do you work for a legislative affairs office?

No.

[Colin]

Aye

[Everett]

I won't lie and say that I actually read the amendment.

Aye.

[True Federalist (진정한 연방 주의자)]

And an Aye on the amendment

[Ebowed]

Aye aye sailor

[Brandon H]

Aye

[Ebowed]

The amendment has passed

[Ebowed]

Legalization and Licensing of Online Gambling Bill

§1. Definitions
The following shall be added as chapter 46 of Title 15, Commerce and Trade:

"CHAPTER 46 - ELECTRONIC GAMBLING

§ 1901. Definitions
   In this chapter:
      (1) The term "facility" means a "wire communication facility" as defined in section 1081 of Title 18, Crimes and Criminal Procedure.
      (2) The term "license" means a license granted under section 1902 of this title.
      (3) The term "licensee" means the holder of a license.

§ 1902. Electronic Gambling License
   (a) Requirements
      (1) In order to obtain an license to allow a person to engage in the use of a facility for the purpose of facilitating gambling in interstate or foreign commerce, such a person must, under the laws of the residence of the person, be able to legally engage in the form of gambling facilitated.
      (2) In order for a foreign person to obtain a license, an Atlasian person must be able to legally engage in the same activity as that covered by the license and in a manner not substantially more restrictive than those imposed by this chapter.  The President shall determine which countries meet the requirements of this paragraph and such a determination shall not final and not reviewable by any court.
      (3) In order for a person to obtain a license, such a person may not have been convicted of any felony which would result in a sentence of one year or greater if sentenced under the laws of the Republic of Atlasia or the District of Columbia.
      (4) In order for a person to obtain a license, such a person may not have been convicted within the past ten years of any crime punishable under chapters 25 (pertaining to counterfeiting and forgery), 31 (pertaining to embezzlement and theft), 43 (pertaining to false personation), 47 (pertaining to fraud and false statements), 50 (pertaining to gambling), 61 (pertaining to lotteries), 63 (pertaining to mail fraud), 113A (pertaining to telemarketing fraud), 119 (pertaining to wire and electronic communications interception), or 121 (pertaining to illicit access of electronic records) of Title 18, Crimes and Criminal Procedure.
   (b) Duration
   A license issued under this section shall be valid for a period of five years.  Such a license shall be revoked if the President shall learn that the licensee does not meet or no longer meets the requirements of subsection (a).
   (c) Fee
   The President is authorized to charge a fee for processing an application for a license under this section.  Such fee shall be no more than necessary to provide for the administration of this chapter, including the costs of verifying that an applicant meets the requirements of subsection (a).
   (d) Appeal
   If an person has a license application denied or license revoked for a failure to meet the requirements of subsection (a), the person shall be informed of which requirements were not met, and may appeal such a finding.  The President shall establish a means of administrative appeal.  If the person is unsuccessful in obtaining the relief sought from the administrative appeal process, the person may seek relief from the courts, but the courts shall be free to reject such an appeal without further hearing.

§1903. Tax
   A foreign licensee agrees to pay the excise tax imposed on State authorized wagers under section 4401(a)(1) of the Internal Revenue Code of 1986.  A tax treaty between the Republic of Atlasia and a foreign country may reduce the amount of excise tax owed to the Republic of Atlasia under this section by the amount of a similar excise tax paid to that country."

§2. Amendments to Title 18
   (a) Definitions
   Section 1081 of Title 18, Crimes and Criminal Procedure is amended by adding the following paragraph:
   "The term 'wire gambling licensee' means a 'licensee' as defined in section 1901(3) of Title 15, Commerce and Trade."
   (b) Legalization of electronic gambling by licensees
   Section 1084(a)  of Title 18, Crimes and Criminal Procedure is amended by replacing ", shall" with "without being a wire gambling licensee, shall".


Vote on final passage.


Aye

[Colin]

Aye

[Everett]

Aye.

[True Federalist (진정한 연방 주의자)]

Aye

[I spent the winter writing songs about getting better]

Aye

[Јas]

Aye

[Ebowed]

This bill has enough votes to pass.  Senators have 24 hours to change their votes.