Sec. 111. Construction and relation to other law
649 words·~3 min read·
/bill/113/hr/2666/ih/section-111A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
If bets or wagers on certain games of skill are not regarded as gambling under all provisions of Federal, State, or tribal law in effect as of the date of enactment of this Act— nothing in this title shall be construed to require licensing under this title with respect to such games; and fees paid to participate in such games shall not be regarded as bets or wagers for purposes of this title. Nothing in this title may be relied on as support for the legality or permissibility of games described in paragraph
(1)without compliance with the licensing and other requirements of this title. Nothing in this section shall be construed to repeal, to amend, or to affect the interpretation of any provision of State, or tribal law that was in effect before the date of enactment of this Act that— prohibits, restricts, or otherwise addresses bets or wagers; or prohibits fraud, unfair or deceptive acts or practices, or other criminal activity. Except as otherwise expressly provided in this title and excluding any prohibitions described in section 104(a)(3), the provisions of this title shall supersede any provisions of the law of any State or federally recognized Indian tribe expressly relating to the permitting, prohibiting, licensing, or regulating of Internet poker facilities, including Internet poker facilities, and the law of any State or federally recognized Indian tribe expressly relating to the permitting, prohibiting, licensing, or regulation of gambling, except to the extent such State or tribal laws are not inconsistent with this title. No provision of this title shall be construed to have any effect on the rights, privileges, or obligations of a State or tribal lottery as may be provided under other applicable Federal, State, or tribal law. Nothing in this title may be construed to limit the applicability or enforcement of any State or tribal consumer protection law or preempt the applicability of State or tribal trespass, contract, or tort law. Equipment used by a licensee or significant vendor in the furtherance of licensed activities pursuant to this title (but not to the extent it is used for other purposes) shall not be considered a gambling device within the meaning of section 1 of the Act of January 2, 1951, prohibiting the transportation of gambling devices in interstate and foreign commerce ( 15 U.S.C. 1171 ). No provision of this title or decision or action taken by a federally recognized Indian tribe or State pursuant to this title shall have any effect on non-Internet gaming activities within the scope 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 poker facilities under this title shall not be considered class II or class III gaming under such section, and a federally recognized 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 a federally recognized Indian tribe is operating under a license issued pursuant to this title or that a tribal regulatory body is acting as a qualified body pursuant to this title shall not require a federally recognized 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 prohibited or limited Internet bets or wagers under section 104(a)(3) or that a State regulatory body is acting as a qualified body pursuant to 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.
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