The Long Road to Passing Gambling Legislation in the US

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The Long Road to Passing Gambling Legislation in the US
Gambling LegislationUS PoliticsState Law
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This article explores the complex and lengthy process of passing gambling-related bills in the United States. From introduction to potential floor votes, it highlights the numerous committees and political hurdles that bills must overcome.

As many as a dozen states will consider gambling-related bills this year. The process behind taking a bill and passing it into law is long and complex. While the academic structure (and song) are accurate, there is significantly more behind-the-scenes work required for legislation, such as a bill that permits sports betting, to pass.To pass a bill, the term for a proposed law change, it first must be typed out and “introduced.” Introduction comes when a legislator in the U.S.

Congress or one of the 50 states submits this bill for consideration. The elected official who introduces the bill (known as the sponsor), not surprisingly, wants to see the law change. For gambling matters, this is typically someone whose district or representation area includes a casino or other gambling-related ventures. Many of the lawmakers in the 39 states that have approved legal sports betting or have active discussions about it are likely motivated by the potential economic benefits for their constituents.Most state legislatures will introduce hundreds or even thousands of bills. Few will pass. When a headline says a “bill is introduced,” it’s just the first formal step in a long process. Most state legislatures meet only in the first few months of a calendar year. Several meet year round and a few only meet every other year. The U.S. Congress meets year-round, but it seldom addresses – let alone passes – gambling-related bills. Most meaningful gaming legislation comes from state-level governments. Every bill, no matter how unlikely of passing, will be assigned to a committee. Committee are smaller groups of lawmakers, usually around a dozen, though that number ranges widely depending on the state and nature of the committee. Many states with strong gambling traditions or casino presence will have a specific committee just dealing with these matters. Those committees are almost always first assigned gambling bills. For states without strong gambling backgrounds, the first committee could cover almost any subject. Some longshot sports betting bills have been filed over the past few weeks in South Carolina and Texas ahead of their legislative sessions. More to come, most likely. For many bills, gambling or otherwise, this is as far as a proposal goes. The committee, which likely has hundreds of bills to consider, is under no obligation to discuss the bill. The decision on which bills to address typically comes down to the committee chair, who represents the majority party of that legislative body. It’s up to the person who introduced the bill to convince the chair (and the rest of the committee) to discuss then pass the bill. If the committee has interest in such a bill, it will hold a public hearing that may or may not then lead directly to a vote. A hearing is a good sign the bill will receive a vote, but even that’s not a guarantee. If the bill is defeated in the initial committee, the lawmakers can try to amend the bill or introduce a new proposal, but if it can’t get past this first stage, it’s unlikely even an altered proposal makes it very far.If the bill advances out of the first committee (often times called “reported favorably”), it faces an even tougher task to pass. The original committee assignment is (usually) on somewhat favorable political grounds. It may then to need pass other committees but ultimately will come to one or more powerful financial-related groups – committee that hold the real power in government. This “money” committee is usually under the name “Appropriations,” “Ways and Means,” or “Finance” (some states have two or more of these). Their ultimate duty is to determine how money is spent. That makes them very influential in governments. They are typically made up of the most experienced, well-connected senior elected officials. Gambling bills, like most others, fall under the jurisdiction of these types of committees. Gambling generates money via taxes. Legislators need to set the tax rates and determine how that money is spent. If members of a monetary-related don’t like the tax rate – or where that money comes from – they can vote against the bill. They may decide not to take up the proposal even though it passed out of other committees. Should the proposal pass these high-level committees, it can then go to the “floor” and potentially to a vote of the full chamber.A vote before the entire Senate or House is called a floor vote. Here every lawmaker, even those not on the original committee or the financial committee, has a chance to evaluate the bill and, typically, make comments before their fellow legislators. But, again, just because a bill has made it to this stage it doesn’t guarantee a vote. The leader of the chamber, usually the Senate Majority Leader or Speaker of the House, may block the bill from being discussed further. It’s imperative that the bill’s sponsor have the backing of this leader or there’s a good chance it will never pass.

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