THE SENATE

S.R. NO.

133

THIRTIETH LEGISLATURE, 2019

 

STATE OF HAWAII

 

 

 

 

 

SENATE RESOLUTION

 

 

requesting the ESTABLISHMENT OF A TASK FORCE TO STUDY THE feasibility of legalizing sports gambling.

 

 

 


     WHEREAS, in 1992, Congress passed the Professional and Amateur Sports Protection Act to prohibit certain state-sanctioned sports gambling; and

 

     WHEREAS, tens of thousands of Hawaii residents wager on the outcome of sporting events through illegal websites that are not subject to regulation or taxation; and

 

     WHEREAS, it is estimated that online gambling by Hawaii residents generates tens of millions of dollars for gambling organizations without any benefit to the State; and

 

     WHEREAS, in 2014, New Jersey enacted a law exempting casinos, gambling houses, and race tracks in that state from sports wagering prohibitions, effectively legalizing sports gambling; and

 

     WHEREAS, the National Collegiate Athletic Association and other sports organizations alleged in Christie v. National Collegiate Athletic Association that the New Jersey law violated the Professional and Amateur Sports Protection Act; and

 

     WHEREAS, the United States Court of Appeals for the Third Circuit held that the New Jersey law violates the Professional and Amateur Sports Protection Act; and

 

     WHEREAS, the parties representing the State of New Jersey appealed to the United States Supreme Court and on December 4, 2017, the court held oral arguments; and

 

     WHEREAS, on May 14, 2018, the United States Supreme Court reversed the decision of the United States Court of Appeals for the Third Circuit, effectively allowing states to authorize sports gambling; now, therefore,

 

BE IT RESOLVED by the Senate of the Thirtieth Legislature of the State of Hawaii, Regular Session of 2019, that the Director of Commerce and Consumer Affairs is requested to establish a task force to study the feasibility of legalizing sports gambling in Hawaii; and

 

     BE IT FURTHER RESOLVED that the task force shall consist of the following members:

 

     (1)  The Director of Commerce and Consumer Affairs, or the Director's designee, who shall serve as the chairperson of the task force;

 

     (2)  The Director of Business, Economic Development, and Tourism, or the Director's designee;

 

     (3)  The Attorney General, or the Attorney General's designee;

 

     (4)  The Chief Information Officer, or the Chief Information Officer's designee;

 

     (5)  An attorney in private practice with knowledge of sports gambling law, to be invited by the Governor to participate;

 

     (6)  A member of the public with knowledge of sports gambling, to be invited by the President of the Senate to participate; and

 

     (7)  A member of the public with knowledge of sports gambling, to be invited by the Speaker of the House of Representatives to participate; and

 

     BE IT FURTHER RESOLVED that the Director of Commerce and Consumer Affairs may invite other individuals with relevant knowledge or experience to be members of the task force; and
     BE IT FURTHER RESOLVED that no member shall be made subject to chapter 84, Hawaii Revised Statutes, solely because of that member's participation as a member of the task force; and

 

     BE IT FURTHER RESOLVED that the Department of Commerce and Consumer Affairs shall provide administrative support to the task force; and

 

     BE IT FURTHER RESOLVED that the task force is requested to submit a report of its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2020; and

 

     BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Governor; Director of Commerce and Consumer Affairs; Director of Business, Economic Development, and Tourism; Attorney General; and Chief Information Officer.

 

 

 

 

OFFERED BY:

_____________________________

 

 

Report Title: 

Sports Gambling; Gaming; Task Force