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SENATE BILL NO. 1570

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Daily Data Tracking History

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S1570......................................................by STATE AFFAIRS
GAMBLING - Amends existing law to further define gambling; and to clarify
exceptions to the definition.
                                                                        
03/14    Senate intro - 1st rdg - to printing
03/15    Rpt prt - to St Aff

Bill Text

 S1570
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1570
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO GAMBLING; AMENDING SECTION 18-3801, IDAHO CODE, TO FURTHER  DEFINE
  3        GAMBLING,  TO CLARIFY EXCEPTIONS TO THE DEFINITION AND TO MAKE A TECHNICAL
  4        CORRECTION; AND DECLARING AN EMERGENCY.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION 1.  That Section 18-3801, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:
                                                                        
  8        18-3801.  GAMBLING  DEFINED.  "Gambling"  means risking any money, credit,
  9    deposit or other thing of value for gain contingent in whole or in  part  upon
 10    lot, chance, the operation of a gambling device or the happening or outcome of
 11    an event, including a sporting event, the operation of casino gambling includ-
 12    ing,  but not limited to, blackjack, craps, roulette, poker, bacarrat baccarat
 13    or keno, but does not include games that award only  an  immediate  and  unre-
 14    corded  right  of  replay  not exchangeable for value.  So long as it does not
 15    employ the operation of a gambling device  or  any  form  of  casino  gambling
 16    including,  but  not  limited to, blackjack, craps, roulette, poker, baccarat,
 17    keno, slot machines, or any electronic or electromechanical imitation or simu-
 18    lation of any form of gambling, "gambling" does not include:
 19        (1)  Bona fide contests of skill, speed, strength or  endurance  in  which
 20    awards are made only to entrants or the owners of entrants; or
 21        (2)  Bona fide business transactions which are valid under the law of con-
 22    tracts; or
 23        (3)  Games that award only additional play; or
 24        (4)  Merchant  promotional contests and drawings conducted incidentally to
 25    bona fide nongaming business operations, if prizes are awarded without consid-
 26    eration being charged to participants; or
 27        (54)  Other acts or transactions now or hereafter expressly authorized  by
 28    law.
                                                                        
 29        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
 30    declared to exist, this act shall be in full force and effect on and after its
 31    passage and approval.

Statement of Purpose / Fiscal Impact

                      STATEMENT OF PURPOSE
                                
                            RS 10278
                                   
    
    This bill amends the definition of gambling in I.C.  18-3801. 
    The current law exempts several activities from the definition
    of gambling including bona fide contests of skill, bona fide
    business transactions and merchant promotional contests and
    drawings conducted incidentally to bona fide non-gaming
    business operations.  This bill would add the requirement that
    the exemptions listed above are not available if they involve
    the use of gambling devices or any form of casino gambling or
    any electronic or electromechanical imitation or simulation of
    any form of gambling.
                                 
                         FISCAL IMPACT
                                   None.
    
    
    
    
    
    
    
    
    
    
    CONTACT:  Office of the Attorney General 
              Clinton E. Miner, 332-3551
              David G. High, 334-4148
    
    
    
    STATEMENT OF PURPOSE/FISCAL IMPACT                S 157