Hawaii introduces new bill to legalize online gaming

A new internet gaming bill was introduced in Hawaii on Friday.  The bill is one of the many different pieces of legislation being introduced across the nation as a swell of bills concerning gaming is coming to the forefront in 2017.

The bill identifies that “tens of thousands” of Hawaii residents are already using illegal online gambling on unregulated internet web sites.  The bill is meant as a way “[t]o protect Hawaii residents who gamble on the Internet, and to capture revenues generated from internet gambling in Hawaii…”

The legislation will seek to create an “internet-only lottery and gaming corporation, which shall be a public instrumentality…”  It will be subject through a “system of audits and reports.”

The bill goes on to define its scope on what the internet lottery and gaming corporation may do:

(1)  Offer internet wagering on games of chance and games of skill, including lottery, poker, and casino games, to individuals over the age of eighteen years; provided that the corporation shall not offer internet wagering on any sporting event or sporting contest;

(2)  Enter into agreements with other state gaming entities for the offering of multistate games, consistent with state and federal law;

(3)  Utilize the broad reach of its internet gaming platform to offer legally compliant free-play games and sweepstakes with Hawaii related prizes to individuals outside of Hawaii, for the purpose of attracting tourists and providing free exposure for Hawaii and Hawaii businesses to domestic and overseas markets;

(4)  Conduct no more than two land-based gaming entertainment events annually, related to the corporation’s internet game offerings, for the purpose of attracting tourists to Hawaii; provided that the corporation shall not have the authority to conduct any other form of land-based gambling; and

(5)  Engage in other activities consistent with the purpose of this chapter and rules adopted hereunder, and with state, federal, and international laws.

Notably, the bill does not attempt to define a “game of chance” versus a “game of skill.”

The introduction of the bill comes a year after it ruled Daily Fantasy Sports illegal gambling.  Just a year ago, the state’s Attorney General defined Daily Fantasy Sports as contests that constitute gambling under Hawaii law.  Could we see the state revisit this in light of the proposed law?