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Text of House Speaker DeLeo Proposed Gambling Legislation

Text of House Speaker DeLeo Proposed Gambling Legislation

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Published by: BostonGlobe on Apr 02, 2010
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05/24/2010

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An Act establishing expanded gaming in the commonwealth.
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SECTION
 
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. Section 7 of chapter 4 of the General Laws, as
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appearing in the 2008 Official Edition, is hereby amended by
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striking out clause Tenth and inserting in place thereof the
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following clause:-
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Tenth, “
Illegal g
aming,” any banking or percentage game played
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with cards, dice, tiles, dominoes, or any electronic, electrical
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or mechanical device or machine for money, property, checks,
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credit or any representative of value, but excluding: (i) any
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lottery game conducted by the state lottery commission, pursuant
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to sections 24, 24A and 27 of chapter 10; (ii) any game
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conducted pursuant to chapter 23K; (iii) pari-mutuel wagering on
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horse races, whether live or simulcast, pursuant to chapter 128A
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and chapter 128C; (iv) the game of bingo conducted pursuant to
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chapter 271; and (v) any charitable gaming, so called, conducted
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pursuant to chapter 271.
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SECTION 2.
Section 17 of chapter 6 of the General Laws, as so
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appearing, is hereby amended by striking out, in lines 7 and 8,
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the words “the state racing
commission,
.
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SECTION 3.
Section 48 of said chapter 6 is hereby repealed.
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SECTION 4.
Sections 64 and 65 of chapter 10 of the General Laws
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are hereby repealed.
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Text of the proposed legislation relative to gaming to be considered by the committee on Economic Development and Emerging Technologies
 
2
SECTION 5.
Chapter 12 of the General Laws is hereby amended by
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inserting after section 11L the following section:-
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Section 11M. (a) As used in this section the following words
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shall, unless the context clearly requires otherwise, have the
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following meanings:-
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“Commission”, the Massachusetts
gaming commission established
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pursuant to chapter 23K.
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“Division”, the division of gaming enforcement established
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pursuant to subsection (b).
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“Gaming establishment”,
as defined in section 1 of chapter 23K.
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(b) There shall be in the department of the attorney general a
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division of gaming enforcement. The attorney general shall
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designate an assistant attorney general as director of the
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division. The director may appoint and remove, subject to the
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approval of the attorney general, such expert, clerical or other
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assistants as the work of the division may require.
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(c) The division shall have jurisdiction to enforce criminal
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violations of chapter 23K including, but not limited to, the
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power to: (1) investigate allegations of criminal activity
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related to or impacting the operation of gaming establishments
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or games; (2) receive and take appropriate action on referrals
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Text of the proposed legislation relative to gaming to be considered by the committee on Economic Development and Emerging Technologies
 
3
for criminal prosecution from the commission; (3) provide
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assistance, upon request, to the commission in the consideration
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and promulgation of rules and regulations; (4) ensure that there
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is no duplication of duties and responsibilities between it and
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the commission; and (5) recommend persons to be placed on the
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list of excluded persons maintained by the commission.
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No employee of the division, or any person engaged by the
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division in the course of an investigation, other than those in
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the performance of their official duties, shall place a wager in
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any gaming establishment licensed pursuant to chapter 23K during
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the period of their employment or assignment with the division.
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The attorney general shall establish a code of ethics for all
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division employees that is more restrictive than the provisions
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of chapters 268A and 268B; a copy of which shall be filed with
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the state ethics commission.
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SECTION 6.
Chapter 12B of the General Laws is hereby repealed.
 
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SECTION 7.
Subsection (b) of section 9 of chapter 13 of the
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General Laws
, is hereby amended by striking out the words “, as
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well as the state racing commission established by section 48 of
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chapter 6,”
inserted by section 29 of chapter 4 of the acts of
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2009.
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Text of the proposed legislation relative to gaming to be considered by the committee on Economic Development and Emerging Technologies

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