Friday, September 2, 2011

CFO Gandhi Has the Full Power to Fold The Game

Here is the Lottery Modernization Law

The lottery language was included in the FY 2011 Supplemental Budget Support Act (B18-1100). The relevant language is below. It authorizes games of skill and chance. It is now up to the DC Lottery and Charitable Games Control Board to promulgate regulations and determine which games to offer. The independent Executive Director of the DC Lottery reports to the independent Chief Financial Officer. There is no longer a Board of the DC Lottery.


Sec. 761. Short title.

This subtitle may be cited as the “Lottery Modernization Amendment Act of 2010”.

Sec. 762. Section 4 of the Law to Legalize Lotteries, Daily Numbers Games, and Bingo and Raffles for Charitable Purposes, effective March 10, 1981 (D.C. Law 3-172; D.C. Official Code § 3-1313), is amended as follows.

(a) The existing section is designated as subsection (b).

(b) A new subsection (a) is added to read as follows:

“(a) A lottery or lottery game means both games of skill and games of chance that are operated by and for the benefit of the District of Columbia by the Board; provided, that:

“(1) If the games of skill and games of chance are offered via the Internet, any technology employed for the play shall confirm the play to be at all times within the District; provided further, that the restriction shall not apply to the conduct of fantasy sports and sweepstakes-style games if such games are lawful; and

“(2) No method, media, or device for play of the games of skill and games of chance shall violate An Act To prohibit transportation of gambling devices in interstate and foreign commerce, approved January 2, 1951 (15 U.S.C. § 1171 et seq.), or any other federal law.”.

(b) A new subsection (c) is added to read as follows:

“(c) The Board, through the Chief Financial Officer, pursuant to Title 1 of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C.

Official Code § 2-501 et seq.), may issue rules to implement the provisions of this section, and may establish which games may be offered and additional terms and conditions for the conduct of the games not inconsistent with subsection (a) of this section, including the percentage of wagered amounts to be retained by the Board, minimum and maximum wagers, and time limitations for the games.”.

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