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7 GLR 1 (2003)

handle is hein.journals/gmglwr7 and id is 1 raw text is: GAMING LAW REVIEW Volume 7, Number 1, 2003 Mary Ann Liebert, Inc. Gambling and the Law® Status of Gambling Laws I. NELSON ROSE T HE FOLLOWING ARE American jurisdictions having recent activity concerning legal gambling. * States and territories with gaming devices, in- cluding Video Lottery Terminals (VLTs), are marked with an asterisk. ! States with at least one casino (defined as hav- ing both banking card games and slot-like ma- chines) are marked with an exclamation point. UNITED STATES: The Bush Administration wants to expand the deduction of overdue child-support payments from gamblers' win- nings at lotteries to include all gambling oper- ations, except tribes which have not applied for federal grants to operate child-support en- forcement programs. Bills to restrict Internet I. Nelson Rose has been writing on legal gambling for 25 years and has been a consultant and expert witness to governments and industry in many of the legal develop- ments discussed here. Most recently, he was appointed to the Gaming Policy Advisory Committee, created by the California State Legislature in the Gambling Control Act. The opinions and observations expressed here are his own and do not represent the official positions of any gov- ernment, company or other entity. I. Nelson Rose, J.D. Harvard Law School 1979, is a Pro- fessor of Law at Whittier Law School in Costa Mesa, Cali- fornia. He is recognized as one of the world's leading authorities on gambling law and is a consultant to govern- ments and industry. Professor Rose can be reached at this website <http://www.GamblingAndTheLaw.com>. © Copyright 2003 by I. Nelson Rose. All rights reserved worldwide. Gambling and the Law® is a registered trade- mark of Professor I. Nelson Rose, Whittier Law School, Costa Mesa, California. gambling have not been able to make it through both Houses of Congress. The question of whether the Secretary of the Interior can ap- prove tribal casinos over a state's objections remains unresolved. In Nov. 2001 the U.S. Supreme Court ruled tribes, unlike states, must pay federal excise and occupational gambling taxes. The embarrassing National Gambling Impact Study Commission has come and gone and been forgotten; its Final Report was filled with factual errors. In July 2002 the House voted 273-151 to reject another study. The U.S. Supreme Court ruled federal laws against casino broadcast commercials were unconsti- tutional; state prohibitions may still be valid. Sen. Harry Reid (D-Nev.) has so far stopped bills to outlaw state-licensed sports betting. * ALABAMA: Gov. Don Siegelman (D.) lost re- election by a squeaker. He opposed casinos, but supported creating a state lottery for education; the new Governor, Bob Riley (R.), a staunch conservative, opposes legal gambling. Four years ago Siegelman ousted incumbent Gov. Fob James, Jr. (R.), on the lottery issue, but con- servative religious groups from all over the country converged on Alabama and defeated the proposed constitutional amendment in Oct. 1999. The floundering dog tracks gained simul- casting through the State Legislature, but will now never get slot machines. The Poarch Band of Creek Indians have two non-casino casinos with supposedly Class II table bingo games and gaming devices which take and dispense cash. Adult arcades and the state's four struggling four dog tracks have machines which in take in cash but pay out in tokens or coupons. A 1

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