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S1233......................................................by STATE AFFAIRS
GAMBLING - Amends existing law to further define "gambling"; and to clarify
exceptions to the definition of "gambling."
03/08 Senate intro - 1st rdg - to printing
03/09 Rpt prt - to St Aff
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1233
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, TO PROVIDE IMPACT ON
4 TRIBAL GAMING AND TO MAKE A TECHNICAL CORRECTION; AND DECLARING AN EMER-
5 GENCY.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 18-3801, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 18-3801. GAMBLING DEFINED. "Gambling" means risking any money, credit,
10 deposit or other thing of value for gain contingent in whole or in part upon
11 lot, chance, the operation of a gambling device or the happening or outcome of
12 an event, including a sporting event, the operation of casino gambling includ-
13 ing, but not limited to, blackjack, craps, roulette, poker, bacarrat baccarat
14 or keno, but does not include games that award only an immediate and unre-
15 corded right of replay not exchangeable for value. Provided it does not employ
16 the operation of a gambling device or any form of casino gambling, including,
17 but not limited to, blackjack, craps, roulette, poker, baccarat, keno, slot
18 machines, or any electronic or electromechanical imitation or simulation of
19 any form of casino gambling, "gambling" does not include:
20 (1) Bona fide contests of skill, speed, strength or endurance in which
21 awards are made only to entrants or the owners of entrants; or
22 (2) Bona fide business transactions which are valid under the law of con-
23 tracts; or
24 (3) Games that award only additional play; or
25 (4) Merchant promotional contests and drawings conducted incidentally to
26 bona fide nongaming business operations, if prizes are awarded without consid-
27 eration being charged to participants; or
28 (54) Other acts or transactions now or hereafter expressly authorized by
29 law.
30 (5) Tribal gaming that is legal pursuant to and in compliance with 25
31 U.S.C. section 2701, et seq.
32 SECTION 2. An emergency existing therefor, which emergency is hereby
33 declared to exist, this act shall be in full force and effect on and after its
34 passage and approval.
Statement of Purpose/Fiscal Impact
RS 11221C1
This bill amends the definition of gambling in I.C. ยง 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 Attorney General
Clinton E. Miner, 332-3551
David G. High, 334-4148
S 1233