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Monday, September 28, 2015

Writ of Mandamus Perea v Obama etal,, clarify "UIGEA"

849.14 Unlawful to bet on result of trial or contest of skill, etc. — Whoever stakes, bets or wagers any money or other thing of value upon the result of any trial or contest of skill, speed or power or endurance of human or beast, or whoever receives in any manner whatsoever any money or other thing of value staked, bet or wagered, or offered for the purpose of being staked, bet or wagered, by or for any other person upon any such result, or whoever knowingly becomes the custodian or depositary of any money or other thing of value so staked, bet, or wagered upon any such result, or whoever aids, or assists, or abets in any manner in any of such acts all of which are hereby forbidden, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

Yet by Federal law the Act is not completely defined and comes under Writ of Mandamus Perea v Obama etal,, as Legal only for Horseracing online wagers all other animals of contest of skill, speed or power or endurance of human or beast as jointly unlawful ie: Harness Racing, Dog Racing etc etc not to be done online.

Note the Federal ACT

Unlawful Internet Gambling Enforcement Act of 2006 Other short titles

Internet Gambling BillSAFE Port ActSecurity and Accountability For Every Port Act of 2006Warning, Alert, and Response Network Act

Long titleAn Act to prevent the use of certain payment instruments, credit cards, and fund transfers for unlawful Internet gambling, and for other purposes.Acronyms(colloquial)UIGEANicknamesInternet Gambling Prohibition and Enforcement ActEnacted bythe 109th United States CongressEffectiveOctober 13, 2006CitationsPublic law109-347Statutes at Large120 Stat. 1884 aka 120 Stat. 1952CodificationTitles amended31 U.S.C.: Money and FinanceU.S.C.sections created31 U.S.C. ch. 53, subch. IV § 5361 et seq.Legislative history

Introduced in the House as H.R. 4411 byJim Leach (RIAon November 18, 2005Committee consideration by House Financial ServicesHouse JudiciaryPassed the House on July 11, 2006 (317-93Roll call vote 363, via Clerk.House.gov)Passed the Senate on September 14, 2006 (98-0 Roll call vote 249, via Senate.gov, in lieu of H.R. 4954)Reported by the joint conference committee on September 29, 2006; agreed to by the House on September 30, 2006 (409-2Roll call vote 516, via Clerk.House.gov, in lieu of H.R. 4954and by the Senate onSeptember 30, 2006 (agreed unanimous consent, in lieu of H.R. 4954)Signed into law by President George W. Bush on October 13, 2006

The Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA) is United States legislation regulatingonline gambling. It was added as Title VIII to the SAFE Port Act (found at 31 U.S.C. §§ 53615367) which otherwise regulated port security. The UIGEA "prohibits gambling businesses from knowingly accepting payments in connection with the participation of another person in a bet or wager that involves the use of the Internet and that is unlawful under any federal or state law." The act specifically excludesfantasy sports that meet certain requirements, and legal intrastate and inter-tribal gaming. The law does not expressly mention state lotteries, nor does it clarify whether inter-state wagering on horse racing is legal.

Now here are the states where it appears that internet horse race betting is legal and where authorized, licensed sites based in the United States can accept players:

Arizona, Arkansas, California, Colorado, Delaware, Florida, Idaho, Illinois, Iowa, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Montana, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Vermont, Virginia, Washington, West Virginia and Wyoming.

Some extra tidbits:

Contrary to what you find on some outdated sites, online horse race betting is legal in California. The state's legislature passed a bill allowing interest horse race betting in 2010.

Regarding the aforementioned Connecticut quirk: residents can only bet on the horses at Mywinners.com

As for others?

As of this writing, May 8th, Indiana Governor Mike Spence has vetoed legislation that would allow residents of the Hoosier state to bet on horse races online. Since the legislation that would allow internet horse racing passed in both the Indiana House of Representatives and Senate by healthy margins, there is some talk that the state's legislature could override the veto.

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