Sec. 108. Prohibition on use of licenses in certain States and Indian lands
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/bill/113/hr/2282/ih/section-108·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Internet gambling provided by Internet gambling facilities licensed under this title shall be lawful in the United States only with respect to the acceptance of bets or wagers from individuals located in States and Indian lands that have opted-in under this section. A State shall be considered to have opted-in under this section if its Governor or any other person authorized to make such notification under the laws of such State has not notified the Secretary within 120 days of enactment that— Internet gambling is prohibited in such State, or the State declines to participate in Internet gambling authorized under this Act.
A State shall be considered not to have opted-in under this section if— a majority of a quorum of each chamber of the legislature of the State has approved a bill, resolution, or similar measure that expresses that bets or wagers authorized under this title should be prohibited in such State; and such bill, resolution, or similar measure is the most recent bill, resolution, or similar measure approved by a majority of a quorum of each chamber of the legislature of the State that expresses whether bets or wagers authorized under this title should be prohibited in such State.
Notwithstanding any other provision of law, for purposes of determining whether a State has opted-in under this section, neither the Secretary nor any provision of State law may require a State to undertake any additional or different procedures than those specified in paragraphs
(1)and (2). If a State changes its election to participate or not to participate under paragraph
(1)or (2), such change shall apply, for purposes of this title, beginning on the later of— 60 days after the date of the notification to the Secretary by the Governor any other person authorized under the laws of such State that the State has changed its election to participate or not; or the effective date specified in any bill, resolution, or similar measure determining the participation of the State in Internet gambling under the laws of such State. Except as provided in paragraphs
(3)and (4), an Indian tribe shall be considered to have opted-in under this section if the principal chief or other chief executive officer or designated authority of such Indian tribe has not notified the Secretary within 120 days of enactment that— Internet gambling is prohibited by such Indian tribe, or the Indian tribe declines to participate in Internet gambling authorized under this Act. Except as provided in paragraph
(3)and subsection (d), an Indian tribe shall be considered not to have opted-in under this section if the principal chief or other chief executive officer or designated authority of such Indian tribe submits written notice to the Secretary that bets or wagers otherwise authorized under this title should be prohibited on the Indian lands of such Indian tribe. Except as provided in paragraph (4), in a case in which the principal chief or other chief executive officer or designated authority of an Indian tribe has submitted notice under paragraph
(1)or
(2)to opt-in or opt-out, respectively, such Indian tribe may change its election at any time under this subsection if the principal chief or other chief executive officer or designated authority of such Indian tribe submits to the Secretary a written notice indicating such change. An Indian tribe that submits notice under subparagraph
(A)shall be considered— to have opted-in under this section if the most recent notice submitted under such subparagraph indicates that bets or wagers authorized under this title should not be prohibited on the Indian lands of such Indian tribe; and not to have opted-in under this section if such notice indicates that bets or wagers authorized under this title should be prohibited on the Indian lands of such Indian tribe. A change in election under this paragraph shall apply, for purposes of this title, beginning on the later of— 60 days after the date the most recent notice is submitted under subparagraph (A); or the effective date specified in such notice. The decision of a State to opt-in or opt-out shall have no effect on Internet gambling in the lands of an Indian tribe located within a State, which shall be governed solely by determinations made by the Indian tribe, as communicated to the Secretary by the principal chief or other chief executive officer or designated authority of an Indian tribe. Except as expressly authorized in this title, no State or Indian tribe may authorize or operate a facility that offers Internet gambling unless the Internet gambling facility is authorized and licensed by that State or Indian tribe in compliance with the law of that State or Indian tribe, as applicable, and solely provides services to participants wholly within the boundaries of such State or the Indian lands of such Indian tribe.. The prohibition set out in paragraph
(1)shall not apply to any bet or wager authorized pursuant to a State or tribal law enacted or authorized by a license issued pursuant to this title. The Secretary shall notify qualified bodies, all licensees, and applicants of all States and Indian tribes that are considered to have opted-in under this section, promptly upon receipt of any notice received under subsection
(b)or
(c)and not fewer than 30 days before the effective date of such notice. It shall be a violation of this title for any licensee to accept a bet or wager initiated or otherwise made by a person who the licensee knows is located at the time of placing such bet or wager within any State or on the Indian lands of any Indian tribe which is not considered to have opted-in under this section. In any case in which the attorney general of a State or any State or local law enforcement agency, authorized by the attorney general of the State or by State statute to prosecute violations of consumer protection law, has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by a violation by a licensee under paragraph (2), the State, or the State or local law enforcement agency, may bring a civil action on behalf of the residents of that State or jurisdiction in a district court of the United States located therein— to enjoin that practice; or to enforce compliance with this section. In any case in which the chief law enforcement officer of an Indian tribe or tribal law enforcement agency, authorized by the chief law enforcement officer of the Indian tribe or by tribal law to prosecute violations of consumer protection law, has reason to believe that an interest of the residents of the Indian lands within the tribe’s jurisdiction has been or is threatened or adversely affected by a violation by a licensee under paragraph (2), the Indian tribe, or the tribal law enforcement agency, may bring a civil action on behalf of the residents of those Indian lands in a district court of the United States located nearest to those Indian lands— to enjoin that practice; or otherwise to enforce compliance with this section. No provision of this title or decision or action taken by an Indian tribe or State pursuant thereto shall have any effect on non-Internet gaming activities within the scope of section 11 of the Indian Gaming Regulatory Act ( 25 U.S.C. 2710 ) or any successor provisions or on any Tribal-State compacts or authorities pursuant thereto. Tribal operation of Internet gambling facilities under this title shall not be considered class II or class III gaming under such section, and an Indian tribe’s status, category, or class under such section shall not impact its status or ability to offer bets or wagers pursuant to this title. The fact that an Indian tribe is operating under a license issued under this title or that a tribal regulatory body is acting as a qualified body under this title shall not require an Indian tribe to negotiate a new agreement, limitation, or other provision of tribal-State compact, agreement, or other understanding with respect to gaming or revenue-sharing, with regard to any bet or wager occurring pursuant to a license issued under this title. The fact that a State has opted in under this section or that a State regulatory body is acting as a qualified body under this title shall not require the State to negotiate a new agreement, limitation, or other provision of tribal-State compact, agreement, or other understanding with respect to gaming or revenue-sharing, with regard to any bet or wager occurring pursuant to a license issued under this title. No provision of this title shall have any effect on Internet gaming activities that are authorized and licensed by that State or Indian tribe (as the case may be) in compliance with the law of that State or Indian tribe as of the date before the date of the enactment of this Act, as applicable, and that solely provide services to participants wholly within the boundaries of that State or the Indian lands of that Indian tribe.
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Sec. 108
Prohibition on use of licenses in certain States and Indian lands
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