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S1571......................................................by STATE AFFAIRS
GAMBLING - Amends and adds to existing law relating to gambling to provide
definitions; to prohibit gambling, gambling promotion, and possession of a
gambling device of record; to provide restrictions on the use of antique
slot machines; to provide for seizure and sale of gambling devices or
equipment; to provide for seizure and disposition of gambling debts or
proceeds; and to provide penalties.
03/14 Senate intro - 1st rdg - to printing
03/15 Rpt prt - to St Aff
S1571
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1571
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO GAMBLING; AMENDING SECTION 18-3801, IDAHO CODE, TO PROVIDE DEFINI-
3 TIONS; AMENDING SECTION 18-3802, IDAHO CODE, TO PROHIBIT GAMBLING AND TO
4 PROVIDE PENALTIES; AMENDING CHAPTER 38, TITLE 18, IDAHO CODE, BY THE ADDI-
5 TION OF A NEW SECTION 18-3802A, IDAHO CODE, TO PROHIBIT GAMBLING PROMOTION
6 AND TO PROVIDE PENALTIES; AMENDING CHAPTER 38, TITLE 18, IDAHO CODE, BY
7 THE ADDITION OF A NEW SECTION 18-3802B, IDAHO CODE, TO PROHIBIT POSSESSION
8 OF A GAMBLING DEVICE OR RECORD AND TO PROVIDE PENALTIES; AMENDING SECTION
9 18-3809, IDAHO CODE, TO PROVIDE PENALTIES AND TO MAKE TECHNICAL CORREC-
10 TIONS; AMENDING SECTION 18-3810, IDAHO CODE, TO PROVIDE PENALTIES AND TO
11 PROVIDE RESTRICTIONS ON THE USE OF ANTIQUE SLOT MACHINES; AMENDING CHAPTER
12 38, TITLE 18, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 18-3810A, IDAHO
13 CODE, TO PROVIDE FOR SEIZURE AND SALE OF GAMBLING DEVICES OR EQUIPMENT;
14 AMENDING CHAPTER 38, TITLE 18, IDAHO CODE, BY THE ADDITION OF A NEW SEC-
15 TION 18-3810B, IDAHO CODE, TO PROVIDE FOR SEIZURE AND DISPOSITION OF GAM-
16 BLING DEBTS OR PROCEEDS; AMENDING SECTION 18-4902, IDAHO CODE, TO PROVIDE
17 PENALTIES; AMENDING SECTION 18-4903, IDAHO CODE, TO PROVIDE PENALTIES;
18 AMENDING SECTION 18-4904, IDAHO CODE, TO CLARIFY APPLICATION AND TO PRO-
19 VIDE PENALTIES; AMENDING SECTION 18-4905, IDAHO CODE, TO PROVIDE PENAL-
20 TIES; AMENDING SECTION 18-4906, IDAHO CODE, TO PROVIDE PENALTIES; AMENDING
21 SECTION 18-4908, IDAHO CODE, TO PROVIDE PENALTIES; AND DECLARING AN EMER-
22 GENCY.
23 Be It Enacted by the Legislature of the State of Idaho:
24 SECTION 1. That Section 18-3801, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 18-3801. GAMBLING DEFINED DEFINITIONS. The following definitions apply in
27 this chapter:
28 (1) "Gambling" means risking any money, credit, deposit or other thing of
29 value for gain contingent in whole or in part upon lot, chance, the operation
30 of a gambling device or the happening or outcome of an event, including a
31 sporting event, the operation of casino gambling including, but not limited
32 to, blackjack, craps, roulette, poker, bacarrat baccarat or keno, but does not
33 include games that award only an immediate and unrecorded right of replay not
34 exchangeable for value. So long as it does not employ the operation of a gam-
35 bling device or any form of casino gambling including, but not limited to,
36 blackjack, craps, roulette, poker, baccarat, keno, slot machines, or any elec-
37 tronic or electromechanical imitation or simulation of any form of gambling,
38 "gambling" does not include:
39 (1a) Bona fide contests of skill, speed, strength or endurance in which
40 awards are made only to entrants or the owners of entrants; or
41 (2b) Bona fide business transactions which are valid under the law of
42 contracts; or
43 (3) Games that award only additional play; or
2
1 (4c) Merchant promotional contests and drawings conducted incidentally to
2 bona fide nongaming business operations, if prizes are awarded without
3 consideration being charged to participants; or
4 (5d) Other acts or transactions now or hereafter expressly authorized by
5 law.
6 (2) "Gambling device or record" means anything specifically designed for
7 use in gambling or used primarily for gambling.
8 (3) "Gambling proceeds" means anything of value used in gambling.
9 (4) "Video gaming device" means any device that possesses all of the fol-
10 lowing characteristics:
11 (a) A video display and computer mechanism for playing a game;
12 (b) The length of play of any single game is not substantially affected
13 by the skill, knowledge or dexterity of the player;
14 (c) A meter, tracking or recording mechanism that records or tracks any
15 money, tokens or credits during a single game, in which the spending or
16 risking of a greater amount of money, tokens or credit:
17 (i) Does not significantly extend the length of play time of any
18 single game; and
19 (ii) Provides for a chance of greater return of credits, games or
20 money; and
21 (d) An operating mechanism that requires insertion of money, tokens or
22 other valuable consideration in order to function.
23 SECTION 2. That Section 18-3802, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 18-3802. GAMBLING PROHIBITED -- PENALTIES. (1) A person is guilty of gam-
26 bling if he:
27 (a) Participates in gambling; or
28 (b) Knowingly permits any gambling to be played, conducted or dealt upon
29 or in any real or personal property owned, rented, or under the control of
30 the actor, whether in whole or in part.
31 (c) Knowingly allows the use of any video gaming device that is:
32 (i) In any business establishment or public place; and
33 (ii) Accessible for use by any person within the establishment or
34 public place.
35 (2) Gambling is a misdemeanor punishable by imprisonment in the county
36 jail for a period not exceeding six (6) months, or by a fine not exceeding
37 three hundred dollars ($300), or by both; provided, that any person who is
38 twice convicted under this section shall be guilty of a misdemeanor punishable
39 by imprisonment in a county jail for a period not exceeding one (1) year, or
40 by a fine not exceeding one thousand dollars ($1,000), or both.
41 SECTION 3. That Chapter 38, Title 18, Idaho Code, be, and the same is
42 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
43 ignated as Section 18-3802A, Idaho Code, and to read as follows:
44 18-3802A. GAMBLING PROMOTION PROHIBITED -- PENALTIES. (1) A person is
45 guilty of gambling promotion if he derives or intends to derive an economic
46 benefit other than personal winnings from gambling and:
47 (a) He induces or aids another to engage in gambling; or
48 (b) He knowingly invests in, finances, owns, controls, supervises, man-
49 ages or participates in any gambling.
50 (2) Gambling promotion is a misdemeanor punishable by imprisonment in a
51 county jail for a period not exceeding one (1) year, or by a fine not exceed-
3
1 ing one thousand dollars ($1,000), or both; provided, that any person who is
2 convicted twice under this section shall be guilty of a felony.
3 SECTION 4. That Chapter 38, Title 18, Idaho Code, be, and the same is
4 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
5 ignated as Section 18-3802B, Idaho Code, and to read as follows:
6 18-3802B. POSSESSING A GAMBLING DEVICE PROHIBITED -- PENALTIES. (1) A
7 person is guilty of possessing a gambling device or record if he knowingly
8 possesses it with intent to use it in gambling.
9 (2) Possession of a gambling device or record is a misdemeanor punishable
10 by imprisonment in the county jail for a period not exceeding six (6) months,
11 or by a fine not exceeding three hundred dollars ($300), or by both; provided,
12 that any person who is convicted twice under this section shall be guilty of a
13 misdemeanor punishable by imprisonment in a county jail for a period not
14 exceeding one (1) year, or by a fine not exceeding one thousand dollars
15 ($1,000), or both. Any person convicted three (3) or more times under this
16 section shall be guilty of a felony.
17 SECTION 5. That Section 18-3809, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 18-3809. BOOK MAKING AND POOL SELLING -- PENALTIES. Any person who for
20 gain, hire or profit engages in pool selling or book making at any time or
21 place within this state; or any person who keeps or occupies any room, shed,
22 tenement, tent, booth or building, float or vessel, or any part thereof, or
23 who occupies any place or stand of any kind, upon any public or private
24 grounds within this state, with books, papers, paraphernalia, or mechanical
25 device, for the purpose of engaging in pool selling or book making, or record-
26 ing or registering bets or wagers; or who sells pools or makes books upon the
27 result of any trial or contest of skill, speed or power of endurance of man or
28 beast for gain, hire or reward; or any person who, for gain, hire or reward,
29 receives, registers, records and forwards to any other place, within or with-
30 out this state, any money, consideration or thing of value for the purpose of
31 having it there bet or wagered by or for any person, who at such place sells
32 pools or makes books upon any such event, or any person who, being the owner,
33 lessee or occupant of any such room, shed, tenement, tent, booth or building,
34 float or vessel, or part thereof, or any grounds within this state, knowingly
35 and wilfully willfully permits the same to be occupied and used for any of the
36 purposes aforesaid;, unless unable to legally prevent the same; or any person
37 who aids, assists or abets in any manner in any of said acts which are hereby
38 forbidden, is guilty of a misdemeanor, and upon conviction is punishable by a
39 fine of not more than three hundred dollars ($300) or by imprisonment in the
40 county jail for a period of not more than six (6) months or by both such fine
41 and imprisonment; provided, that any person who is convicted twice under this
42 section shall be guilty of a misdemeanor punishable by imprisonment in a
43 county jail for a period not exceeding one (1) year, or by a fine not exceed-
44 ing one thousand dollars ($1,000), or both. Any person convicted three (3) or
45 more times under this section shall be guilty of a felony.
46 SECTION 6. That Section 18-3810, Idaho Code, be, and the same is hereby
47 amended to read as follows:
48 18-3810. SLOT MACHINES -- POSSESSION UNLAWFUL -- EXCEPTION FOR ANTIQUES.
49 (1) Except as otherwise provided in this section, it shall be a misdemeanor
4
1 and punishable as provided in section 18-3801, Idaho Code, for any person to
2 use, possess, operate, keep, sell, or maintain for use or operation or other-
3 wise, anywhere within the state of Idaho, any slot machine of any sort or kind
4 whatsoever; provided, that any person who is convicted twice under this sec-
5 tion shall be guilty of a misdemeanor punishable by imprisonment in a county
6 jail for a period not exceeding one (1) year, or by a fine not exceeding one
7 thousand dollars ($1,000), or both. Any person convicted three (3) or more
8 times under this section shall be guilty of a felony.
9 (2) The provisions of sections 18-380410A and 18-3810B, Idaho Code, shall
10 not apply to antique slot machines so long as the antique slot machines are
11 sold, possessed or located for purposes of display only and not for operation.
12 For the purpose of this section, an antique slot machine is a slot machine
13 manufactured prior to 1950, the operation of which is exclusively mechanical
14 in nature and is not aided in whole or in part by any electronic means.
15 (3) Antique slot machines may be sold, possessed or located for purposes
16 of display only and not for operation.
17 (4) An antique slot machine may not be operated for any purpose.
18 SECTION 7. That Chapter 38, Title 18, Idaho Code, be, and the same is
19 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
20 ignated as Section 18-3810A, Idaho Code, and to read as follows:
21 18-3810A. SEIZURE AND SALE OF DEVICES OR EQUIPMENT USED FOR GAMBLING. (1)
22 If a court determines that a device or equipment is used or kept for the pur-
23 pose of being used for gambling, the court may authorize the sheriff of the
24 county in which the device or equipment is located to seize the device or
25 equipment and sell them for the best price obtainable. The sale must be made
26 to a person of good character and repute who is a bona fide resident of a
27 state where it is lawful to use the device or equipment. The officials con-
28 ducting the sale shall place the equipment on a public carrier, properly con-
29 signed to the purchaser at the place of his residence.
30 (2) The proceeds of any sale shall be paid over to the treasurer of the
31 county or political unit conducting the sale for use in the county school
32 fund.
33 (3) If no sale is consummated within ninety (90) days of the authoriza-
34 tion therefore, the device or equipment shall be destroyed under the direction
35 of the court.
36 SECTION 8. That Chapter 38, Title 18, Idaho Code, be, and the same is
37 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
38 ignated as Section 18-3810B, Idaho Code, and to read as follows:
39 18-3810B. SEIZURE AND DISPOSITION OF GAMBLING DEBTS OR PROCEEDS. (1) At
40 the commencement of any prosecution for a violation of this chapter, any gam-
41 bling debts or gambling proceeds which are reasonably identifiable as having
42 been used or obtained in violation of this chapter may be seized and if seized
43 shall be held pending the disposition of the proceedings. At the conclusion of
44 the proceedings, any person who is found guilty of a violation of this chapter
45 shall forfeit any sums held by the court which were acquired or being used in
46 violation of this chapter. Any sums not identifiable or if the individual is
47 proved not guilty, the sums shall be returned to him.
48 (2) A prosecution is considered to be commenced upon arrest or upon issu-
49 ance of a complaint or indictment, whichever occurs first.
50 (3) All sums forfeited under this section shall be paid over to the
51 county treasurer for the county school fund of the county conducting the pros-
5
1 ecution.
2 SECTION 9. That Section 18-4902, Idaho Code, be, and the same is hereby
3 amended to read as follows:
4 18-4902. ENGAGING IN LOTTERY -- PENALTIES. Every person who contrives,
5 prepares, sets up, proposes, or draws any lottery is guilty of a misdemeanor
6 punishable by imprisonment in the county jail for a period not exceeding six
7 (6) months, or by a fine not exceeding three hundred dollars ($300), or by
8 both; provided, that any person who is convicted twice under this section
9 shall be guilty of a misdemeanor punishable by imprisonment in a county jail
10 for a period not exceeding one (1) year, or by a fine not exceeding one thou-
11 sand dollars ($1,000), or both. Any person convicted three (3) or more times
12 under this section shall be guilty of a felony.
13 SECTION 10. That Section 18-4903, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 18-4903. TRAFFIC IN LOTTERY TICKETS -- PENALTIES. Every person who sells,
16 gives, or in any manner whatever furnishes or transfers to or for any other
17 person any ticket, chance, share or interest, or any paper, certificate or
18 instrument, purporting, or understood to be, or to represent any ticket,
19 chance, share or interest in, or depending upon the event of any lottery, is
20 guilty of a misdemeanor punishable by imprisonment in the county jail for a
21 period not exceeding six (6) months, or by a fine not exceeding three hundred
22 dollars ($300), or by both; provided, that any person who is convicted twice
23 under this section shall be guilty of a misdemeanor punishable by imprisonment
24 in a county jail for a period not exceeding one (1) year, or by a fine not
25 exceeding one thousand dollars ($1,000), or both. Any person convicted three
26 (3) or more times under this section shall be guilty of a felony.
27 SECTION 11. That Section 18-4904, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 18-4904. ASSISTING IN ILLEGAL LOTTERY -- PENALTIES. Every person who aids
30 or assists, either by printing, writing, advertising, publishing, or other-
31 wise, in setting up, managing or drawing any illegal lottery, or in selling or
32 disposing of any ticket, chance, or share therein, is guilty of a misdemeanor
33 punishable by imprisonment in the county jail for a period not exceeding six
34 (6) months, or by a fine not exceeding three hundred dollars ($300), or by
35 both; provided, that any person who is convicted twice under this section
36 shall be guilty of a misdemeanor punishable by imprisonment in a county jail
37 for a period not exceeding one (1) year, or by a fine not exceeding one thou-
38 sand dollars ($1,000), or both. Any person convicted three (3) or more times
39 under this section shall be guilty of a felony.
40 SECTION 12. That Section 18-4905, Idaho Code, be, and the same is hereby
41 amended to read as follows:
42 18-4905. MAINTAINING LOTTERY OFFICE -- PENALTIES. Every person who opens,
43 sets up, or keeps by himself or any other person, any office or other place
44 for the sale of, or for registering the number of any ticket in any lottery,
45 or who, by printing, writing or otherwise, advertises or publishes the setting
46 up, opening or using of any such office, is guilty of a misdemeanor punishable
47 by imprisonment in the county jail for a period not exceeding six (6) months,
6
1 or by a fine not exceeding three hundred dollars ($300), or by both; provided,
2 that any person who is convicted twice under this section shall be guilty of a
3 misdemeanor punishable by imprisonment in a county jail for a period not
4 exceeding one (1) year, or by a fine not exceeding one thousand dollars
5 ($1,000), or both. Any person convicted three (3) or more times under this
6 section shall be guilty of a felony.
7 SECTION 13. That Section 18-4906, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 18-4906. LOTTERY INSURANCE -- PENALTIES. Every person who insures or
10 receives consideration for insuring for or against the drawing of any ticket
11 in any lottery whatever, whether drawn, or to be drawn within this state or
12 not, or who receives any valuable consideration upon any agreement to pay any
13 sum, or deliver the same, or any other property, if any lottery ticket or num-
14 ber of any ticket in any lottery shall prove fortunate or unfortunate, or
15 shall be drawn or not drawn, at any particular time, in any particular order,
16 or who promises or agrees to pay any sum of money, or deliver any goods,
17 things in action, or property, or forbear to do anything for the benefit of
18 any person, with or without consideration, upon any event or contingency
19 dependent on the drawing of any ticket in any lottery, or who publishes any
20 notice or proposal of any of the purposes aforesaid, is guilty of a misde-
21 meanor punishable by imprisonment in the county jail for a period not exceed-
22 ing six (6) months, or by a fine not exceeding three hundred dollars ($300),
23 or by both; provided, that any person who is convicted twice under this sec-
24 tion shall be guilty of a misdemeanor punishable by imprisonment in a county
25 jail for a period not exceeding one (1) year, or by a fine not exceeding one
26 thousand dollars ($1,000), or both. Any person convicted three (3) or more
27 times under this section shall be guilty of a felony.
28 SECTION 14. That Section 18-4908, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 18-4908. PERMITTING PREMISES TO BE USED FOR LOTTERY -- PENALTIES. Every
31 person who lets, or permits to be used, any building or vessel, or any portion
32 thereof, knowing that it is to be used for setting up, managing or drawing any
33 lottery, or for the purpose of selling or disposing of lottery tickets, is
34 guilty of a misdemeanor punishable by imprisonment in the county jail for a
35 period not exceeding six (6) months, or by a fine not exceeding three hundred
36 dollars ($300), or by both; provided, that any person who is convicted twice
37 under this section shall be guilty of a misdemeanor punishable by imprisonment
38 in a county jail for a period not exceeding one (1) year, or by a fine not
39 exceeding one thousand dollars ($1,000), or both. Any person convicted three
40 (3) or more times under this section shall be guilty of a felony.
41 SECTION 15. An emergency existing therefor, which emergency is hereby
42 declared to exist, this act shall be in full force and effect on and after its
43 passage and approval.
STATEMENT OF PURPOSE
RS 10281
This bill strengthens the gambling statutes by clarifying the
law and adding definitions, by closing certain loopholes and
by providing for increased punishment for multiple offenses.
Some of the significant changes include:
1. Making exemptions from gambling unavailable if
using gambling devices, casino games or electronic
or electromechanical imitations of gaming.
2. Increased criminal penalties for multiple gambling
violations.
3. Increased criminal penalties for knowingly allowing
use of video gaming devices in business
establishments.
4. Increased penalties for promotion of gambling.
5. Prohibiting possession of gambling devices or
records with intent to use them in gambling.
6. Providing for seizure and sale of illegal gambling
devices and equipment, and debts and proceeds 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