The Indian Gaming Regulatory Act.
The federal Indian Gaming Regulatory Act (1988) (IGRA) affirmed tribal gaming rights and provides a framework for Indian tribes and states to negotiate, on a government-to-government basis, for how class III gaming will be conducted within a state and on tribal lands. Under the IGRA, class III gaming is only authorized on tribal land if the governing body of the Indian tribe that has jurisdiction over that land adopts an ordinance or resolution authorizing such activities. Class III gaming includes banking card games, slot machines, pari-mutuel lotteries, electronic games of chance, and sports wagering.
Sports Wagering in Washington.
In Washington, sports wagering is permitted only at a tribal gaming facility of a federally recognized Indian tribe that amends its class III gaming compact to authorize the tribe to conduct sports wagering on its land. Gambling information may be transmitted over the internet for sports wagering, however, a wager may be placed and accepted at a tribe's gaming facility only while the customer placing the wager is physically present on the premises of that tribe's gaming facility.
With exceptions, wagers may be placed on any of the following sporting events, athletic events, or competitions:
Wagers may not be placed on a collegiate sport or athletic event that is offered or sponsored by, or played in connection with, a public or private post-secondary educational institution located within Washington. Wagering on any minor league sport is also prohibited.
The following criminal prohibitions are class C felonies:
Proposition Bets.
A proposition bet, or prop bet, is a wager placed on an individual player or specific event in a game or match that is not directly connected to the final outcome of the game or match.
Sports wagering on a collegiate sport or athletic event that involves a post-secondary educational institution located within Washington is permitted. Wagers on the performance or nonperformance of an individual athlete that is enrolled in a post-secondary educational institution that is located within Washington are prohibited.
A person who threatens a sports official, coach, or participant involved in a sporting event, athletic event, or competition upon which a wager may be placed with a threat that is related to the event or competition is guilty of a class C felony. It is also a class C felony for any person who has made this type of threat to place a sports wager.
A tribe's class III gaming compact may be amended pursuant to the Indian Gaming Regulatory Act to authorize the tribe to conduct and operate sports wagering on any Indian lands. For gambling information transmitted over the internet, a wager may be placed and accepted at a tribe's gaming facility if the customer placing the wager is physically present on the premises of any tribe's gaming facility.
The substitute bill establishes two new class C felony criminal prohibitions. It is a class C felony to threaten a sports official, coach, or participant involved in a sporting event, athletic event, or competition upon which a wager may be placed where the threat is related to the event or competition. It is also a class C felony for any person who has made this type of threat to place a sports wager.
(In support) This bill expands collegiate sports wagering to include Washington colleges and universities but prohibits proposition bets on Washington collegiate athletes. This change would be consistent with what other states offer. Although wagering on Washington collegiate sporting events is not currently allowed, that does not mean it is not happening. The demand for these sports wagers already exists and there is no oversight of this illegal gaming activity. Permitting this type of sports wagering would bring this activity into the state's regulatory system, which would subject it to accountability and oversight. Illegal gaming would decrease. Washington has one of the strongest regulatory systems for gambling. The state should build on what already works. This strengthens regulations; it does not loosen them. This bill would put Washington collegiate sports wagering into the tribal gaming market, which has accountability built into its systems. Tribal gaming markets have trained system data information protocols to identify irregular activity. Individuals with problem gambling are more likely to seek intervention with an in-person interaction. Tribal gaming facilities help fund essential tribal services. This bill would create the opportunity for the hub-and-spoke, which allows smaller tribes to engage in sports wagering even if they do not have the capacity to have a server on their own property; this is a more efficient and effective system.
(Opposed) This bill does not protect collegiate athletes, who are very accessible in-person and online. Many college athletes have had on-campus contact with individuals that placed wagers on their games. This bill is a considerable expansion without any rewards. The proposed change would not shut down the black market. Individuals who are harassing student athletes are not being held accountable. The expansion of sports wagering to include collegiate sporting events has led to many scandals.
(Other) Student athletes must be protected. Student athletes receive training and have staff to assist them, but still need continued protection. The ban on prop betting is important and should remain in the bill. This bill aims to have wagering in a safe and controlled environment. Permitting this type of wagering does not increase consumer access or allow more people to participate. Sports wagering should be expanded to allow use of betting apps outside of tribal borders.
(In support) Representative Sharlett Mena, prime sponsor; Chairman Ron Allen, Jamestown S'Klallam Tribe; Kevin Zenishek, Kalispel Tribe; Chairman Bill Sterud, Puyallup Tribe of Indians; and Yale Rowe, GM, Emerald Queen Casino.