SB 549

  • California Senate Bill
  • 2023-2024 Regular Session
  • Introduced in Senate Feb 15, 2023
  • Passed Senate May 04, 2023
  • Passed Assembly Aug 29, 2024
  • Signed by Governor Sep 28, 2024

Gaming: Tribal Nations Access to Justice Act.

Abstract

The existing federal Indian Gaming Regulatory Act of 1988 provides for the negotiation and execution of tribal-state gaming compacts for the purpose of authorizing certain types of gaming on Indian lands within a state. The California Constitution prohibits the Legislature from authorizing casinos of the type operating in Nevada and New Jersey and authorizes the Governor to negotiate and conclude tribal-state gaming compacts, subject to ratification by the Legislature. Existing law expressly ratifies a number of tribal-state gaming compacts between the State of California and specified Indian tribes. Existing law, the Gambling Control Act, provides for the regulation, oversight, and licensure of gambling establishments by the California Gambling Control Commission. Existing law prohibits a list of specified gambling games or any banking or percentage game played with cards, dice, or any device, for money, checks, credit, or any representative of value, and provides that any person who offers for play or participates in these games is guilty of a misdemeanor and is punishable as specified. Existing law authorizes gambling establishments to operate controlled games utilizing a player-dealer position, as defined, and to contract with a third party for the provision of proposition player services subject to specified conditions and regulatory requirements. Existing law generally specifies the persons or entities that may bring a civil action as prescribed for relief. Existing law authorizes a court to grant a preliminary injunction or temporary restraining order at any time prior to judgment, if the verified complaint or affidavits provide sufficient grounds to do so and the opposing party has been given notice. This bill would authorize a California Indian tribe, under certain conditions, to bring an action solely against licensed California card clubs and third-party proposition player services providers to seek a declaration as to whether a controlled game operated by a licensed California card club and banked by a third-party proposition player services provider constitutes a banking card game that violates state law, including tribal gaming rights under the constitutional provisions described above, and to request injunctive relief. The bill would require that any review of such a challenge be conducted de novo. The bill would prohibit a claim for money damages, penalties, or attorney's fees and would require that actions be filed no later than April 1, 2025, as specified. The bill would clarify that it does not intend to authorize an action, or otherwise impose any liability, against the state and would prohibit a court from issuing a preliminary injunction or temporary restraining order under certain circumstances. This bill would provide that its provisions are severable.

Bill Sponsors (21)

Votes


Actions


Sep 28, 2024

California State Legislature

Approved by the Governor.

California State Legislature

Chaptered by Secretary of State. Chapter 860, Statutes of 2024.

Sep 11, 2024

California State Legislature

Enrolled and presented to the Governor at 3 p.m.

Aug 31, 2024

Senate

Assembly amendments concurred in. (Ayes 32. Noes 2. Page 5791.) Ordered to engrossing and enrolling.

Aug 30, 2024

Senate

In Senate. Concurrence in Assembly amendments pending.

Aug 29, 2024

Assembly

Read third time. Passed. (Ayes 62. Noes 0. Page 6898.) Ordered to the Senate.

Aug 20, 2024

Assembly

Read second time. Ordered to third reading.

Aug 19, 2024

Assembly

Read second time and amended. Ordered to second reading.

Aug 15, 2024

Assembly

From committee: Do pass as amended. (Ayes 14. Noes 0.) (August 15).

Aug 07, 2024

Assembly

August 7 set for first hearing. Placed on suspense file.

Jul 02, 2024

Assembly

From committee: Do pass and re-refer to Com. on APPR. (Ayes 15. Noes 1.) (July 2). Re-referred to Com. on APPR.

  • Committee-Passage
  • Committee-Passage-Favorable
  • Referral-Committee
Com. on APPR.

Jun 12, 2024

Assembly

From committee with author's amendments. Read second time and amended. Re-referred to Com. on G.O.

  • Amendment-Passage
  • Committee-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on G.O.

Jan 04, 2024

Assembly

Re-referred to Com. on G.O. pursuant to Assembly Rule 96.

  • Referral-Committee
Com. on G.O. pursuant to Assembly Rule 96.

Jul 10, 2023

Assembly

Read second time and amended. Re-referred to Com. on RLS.

  • Amendment-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on RLS.

Jul 06, 2023

Assembly

From committee: Do pass as amended and re-refer to Com. on RLS. (Ayes 6. Noes 0.) (July 5).

Jun 27, 2023

Assembly

Re-referred to Coms. on JUD. and G.O. pursuant to Assembly Rule 96.

  • Referral-Committee
Coms. on JUD. and G.O. pursuant to Assembly Rule 96.

Jun 22, 2023

Assembly

June 28 hearing postponed by committee.

Jun 19, 2023

Assembly

From committee with author's amendments. Read second time and amended. Re-referred to Com. on ED.

  • Amendment-Passage
  • Committee-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on ED.

May 11, 2023

Assembly

Referred to Com. on ED.

  • Referral-Committee
Com. on ED.

May 04, 2023

Assembly

In Assembly. Read first time. Held at Desk.

Senate

Read third time. Passed. (Ayes 37. Noes 0. Page 1004.) Ordered to the Assembly.

May 02, 2023

Senate

Read second time. Ordered to consent calendar.

May 01, 2023

Senate

From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar.

Apr 21, 2023

Senate

Set for hearing May 1.

Apr 19, 2023

Senate

From committee: Do pass and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 7. Noes 0. Page 790.) (April 19). Re-referred to Com. on APPR.

  • Committee-Passage
  • Committee-Passage-Favorable
  • Referral-Committee
Com. on APPR.

Apr 10, 2023

Senate

Set for hearing April 19.

Mar 29, 2023

Senate

Re-referred to Com. on ED.

  • Referral-Committee
Com. on ED.

Mar 20, 2023

Senate

From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  • Amendment-Passage
  • Committee-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on RLS.

Feb 22, 2023

Senate

Referred to Com. on RLS.

  • Referral-Committee
Com. on RLS.

Feb 16, 2023

Senate

From printer. May be acted upon on or after March 18.

Feb 15, 2023

Senate

Introduced. Read first time. To Com. on RLS. for assignment. To print.

Bill Text

Bill Text Versions Format
SB549 HTML
02/15/23 - Introduced PDF
03/20/23 - Amended Senate PDF
06/19/23 - Amended Assembly PDF
07/10/23 - Amended Assembly PDF
06/12/24 - Amended Assembly PDF
08/19/24 - Amended Assembly PDF
09/05/24 - Enrolled PDF
09/28/24 - Chaptered PDF

Related Documents

Document Format
04/17/23- Senate Education PDF
05/03/23- Sen. Floor Analyses PDF
06/30/23- Assembly Judiciary PDF
07/01/24- Assembly Governmental Organization PDF
08/05/24- Assembly Appropriations PDF
08/21/24- ASSEMBLY FLOOR ANALYSIS PDF
08/30/24- Sen. Floor Analyses PDF

Sources

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