California 2011-2012 Regular Session Status: Passed Senate

SB 1390 — Gambling: sports wagering.

Last action — Set, second hearing. Held in committee and under submission.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2011-2012 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(1) The California Constitution prohibits various gaming activities within the state, including casino-style gaming, but authorizes the Governor, subject to ratification by the Legislature, to negotiate and conclude compacts for the operation of slot machines and the conduct of lottery games and banking and percentage card games by federally recognized Indian tribes on Indian lands in California in accordance with federal law. The California Constitution also authorizes the Legislature to provide for the regulation of horse racing, charitable bingo games, the California State Lottery, and charitable raffles. Existing law prohibits a person, whether or not for gain, hire, or reward, from making a betting pool or placing a bet or wager on the result of any contest or event, including a sporting event, as specified. The Gambling Control Act provides for the licensure of certain individuals and establishments that conduct controlled games, as defined, and for the regulation of these gambling activities by the California Gambling Control Commission. Existing law provides for the enforcement of those regulations by the Department of Justice. Any violation of these provisions is punishable as a misdemeanor, as specified. The Horse Racing Law provides for the licensure of every person who participates in, or has anything to do with, the racing of horses, and every employee of a parimutuel department by the California Horse Racing Board. The board is responsible for adopting rules and regulations for the protection of the public, the control of horse racing, and parimutuel wagering, as well as enforcing all laws, rules, and regulations dealing with horse racing and parimutuel wagering. The law permits the board to authorize an association licensed to conduct a racing meeting to also operate a satellite wagering facility at its racetrack inclosure, and for fairs to locate a satellite wagering facility at their fairgrounds, under specified conditions. Any violation of these provisions is punishable as a misdemeanor. This bill would authorize the owner or operator of a gambling establishment, or the owner or operator of a horse racing track, including a horse racing association, or of a satellite wagering facility, with a current license, to conduct wagering on professional and collegiate sports or athletic events, other than on collegiate sports or athletic events that take place in California or in which any California college team participates, by applying to the California Gambling Control Commission or the California Horse Racing Board, as specified, for authorization to conduct sports wagering, and by paying an annual licensing fee, as specified. The bill would require the commission and the board to adopt regulations to implement these provisions. The bill would authorize the commission and the board to adopt regulations establishing fees in a reasonable amount to recover their costs relating to the administration of these provisions. The bill would authorize the department to adopt regulations establishing fees in the reasonable amount necessary to recover costs incurred relating to the enforcement of these provisions. The bill would require the department to, among other things, investigate any request made by the board or the commission in connection with an application for authorization, and to investigate alleged violations of the above provisions. The bill would authorize the board, commission, and department to regulate sports wagering to the same extent these entities currently regulate other legal gambling in this state, including the ability to audit the books and records of a licensed entity, as defined. The bill would also prohibit a licensed operator from, among other things, accepting a wager from any person who is under 21 years of age or whose name appears on a self-exclusion list. Any violation of these provisions would be punishable as a crime. By creating a new crime, the bill would impose a state-mandated local program. (2) Existing federal law, the 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 authorizes the Governor to negotiate and conclude compacts, subject to ratification by the Legislature. Existing law expressly ratifies a number of tribal-state gaming compacts, and amendments of tribal-state gaming compacts, between the State of California and specified Indian tribes. This bill would provide that a federally recognized Indian tribe may conduct sports wagering on Indian lands consistent with the requirements of the federal Indian Gaming Regulatory Act of 1988, and under terms no more stringent than those applicable to any other owner or operator in the state. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Set, second hearing. Held in committee and under submission.

  2. Set, first hearing. Referred to APPR. suspense file.

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

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

  5. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 13. Noes 0.) (June 20).

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

  7. Referred to Com. on G.O.

  8. In Assembly. Read first time. Held at Desk.

  9. Read third time. Passed. (Ayes 33. Noes 2. Page 3663.) Ordered to the Assembly.

  10. Read second time and amended. Ordered to third reading.

  11. From committee: Do pass as amended. (Ayes 7. Noes 0. Page 3596.) (May 24).

  12. Set for hearing May 24.

  13. Placed on APPR. suspense file.

  14. Set for hearing May 7.

  15. From committee: Do pass and re-refer to Com. on APPR. (Ayes 13. Noes 0. Page 3263.) (April 24). Re-referred to Com. on APPR.

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

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

  18. Set for hearing April 24.

  19. Set, first hearing. Hearing canceled at the request of author.

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

  21. Set for hearing April 10.

  22. Referred to Com. on G.O.

  23. Read first time.

  24. From printer. May be acted upon on or after March 26.

  25. Introduced. To Com. on RLS. for assignment. To print.

Sponsors

  • Anderson · Cosponsor
  • Wright · Primary

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on

Sponsors (1)

  • Wright

Co-sponsors (1)

  • Anderson

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Do pass as amended and be re-referred to the Committee on Appropriations.

Passed 13 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 13004
Total 13004
% of votes cast 76%0%0%24%
How each member voted (17)
Member Party Vote
Chesbro — Not Voting
Cook — Not Voting
Garrick — Yea
Gatto — Yea
Atkins — Yea
Hall — Yea
Nestande — Yea
Perea — Yea
Block — Yea
Blumenfield — Not Voting
Hill — Yea
Jeffries — Not Voting
Ma — Yea
Silva — Yea
Torres — Yea
Galgiani — Yea
V. Manuel Pérez — Yea

Official roll call →

3rd Reading

Passed 33 Yea · 2 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 30205
Republican 1000
Democratic 2000
Total 33205
% of votes cast 83%5%0%13%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Not Voting
Wyland — Yea
Cannella — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Evans — Yea
Rubio — Yea
Fuller — Yea
Corbett — Yea
Runner — Not Voting
Harman — Yea
Hernandez — Yea
Huff — Yea
Blakeslee — Nay
Correa — Yea
Dutton — Yea
Kehoe — Yea
Leno — Yea
Liu — Yea
Price — Yea
Simitian — Not Voting
Vargas — Not Voting
Walters — Yea
Wolk — Not Voting
Alquist — Yea
Anderson — Yea
Lieu — Yea
Pavley — Yea
Steinberg — Yea
Wright — Yea
Emmerson — Yea
DeSaulnier — Nay
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Dutton — Yea
Kehoe — Yea
Alquist — Yea
Lieu — Yea
Price — Yea
Steinberg — Yea
Walters — Yea

Official roll call →

Placed on Appropriations Suspense file.

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Kehoe — Yea
Dutton — Yea
Price — Yea
Walters — Yea
Alquist — Yea
Lieu — Yea
Steinberg — Yea

Official roll call →

Do pass, but re-refer to the Committee on Appropriations.

Passed 13 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11000
Democratic 2000
Total 13000
% of votes cast 100%0%0%0%
How each member voted (13)
Member Party Vote
Yee — Yea
De León — Yea
Wyland — Yea
Wright — Yea
Anderson — Yea
Hernandez — Yea
Walters — Yea
Cannella — Yea
Corbett — Yea
Evans — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Subjects

public-safety elections
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Frequently asked questions

What does SB 1390 do?
(1) The California Constitution prohibits various gaming activities within the state, including casino-style gaming, but authorizes the Governor, subject to ratification by the Legislature, to negotiate and conclude compacts for the operation of slot machines and the conduct of lottery games and banking and percentage card games by federally recognized Indian tribes on Indian lands in California in accordance with federal law. The California Constitution also authorizes the Legislature to provide for the regulation of horse racing, charitable bingo games, the California State Lottery, and charitable raffles. Existing law prohibits a person, whether or not for gain, hire, or reward, from making a betting pool or placing a bet or wager on the result of any contest or event, including a sporting event, as specified. The Gambling Control Act provides for the licensure of certain individuals and establishments that conduct controlled games, as defined, and for the regulation of these gambling activities by the California Gambling Control Commission. Existing law provides for the enforcement of those regulations by the Department of Justice. Any violation of these provisions is punishable as a misdemeanor, as specified. The Horse Racing Law provides for the licensure of every person who participates in, or has anything to do with, the racing of horses, and every employee of a parimutuel department by the California Horse Racing Board. The board is responsible for adopting rules and regulations for the protection of the public, the control of horse racing, and parimutuel wagering, as well as enforcing all laws, rules, and regulations dealing with horse racing and parimutuel wagering. The law permits the board to authorize an association licensed to conduct a racing meeting to also operate a satellite wagering facility at its racetrack inclosure, and for fairs to locate a satellite wagering facility at their fairgrounds, under specified conditions. Any violation of these provisions is punishable as a misdemeanor. This bill would authorize the owner or operator of a gambling establishment, or the owner or operator of a horse racing track, including a horse racing association, or of a satellite wagering facility, with a current license, to conduct wagering on professional and collegiate sports or athletic events, other than on collegiate sports or athletic events that take place in California or in which any California college team participates, by applying to the California Gambling Control Commission or the California Horse Racing Board, as specified, for authorization to conduct sports wagering, and by paying an annual licensing fee, as specified. The bill would require the commission and the board to adopt regulations to implement these provisions. The bill would authorize the commission and the board to adopt regulations establishing fees in a reasonable amount to recover their costs relating to the administration of these provisions. The bill would authorize the department to adopt regulations establishing fees in the reasonable amount necessary to recover costs incurred relating to the enforcement of these provisions. The bill would require the department to, among other things, investigate any request made by the board or the commission in connection with an application for authorization, and to investigate alleged violations of the above provisions. The bill would authorize the board, commission, and department to regulate sports wagering to the same extent these entities currently regulate other legal gambling in this state, including the ability to audit the books and records of a licensed entity, as defined. The bill would also prohibit a licensed operator from, among other things, accepting a wager from any person who is under 21 years of age or whose name appears on a self-exclusion list. Any violation of these provisions would be punishable as a crime. By creating a new crime, the bill would impose a state-mandated local program. (2) Existing federal law, the 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 authorizes the Governor to negotiate and conclude compacts, subject to ratification by the Legislature. Existing law expressly ratifies a number of tribal-state gaming compacts, and amendments of tribal-state gaming compacts, between the State of California and specified Indian tribes. This bill would provide that a federally recognized Indian tribe may conduct sports wagering on Indian lands consistent with the requirements of the federal Indian Gaming Regulatory Act of 1988, and under terms no more stringent than those applicable to any other owner or operator in the state. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors SB 1390?
SB 1390 is sponsored by Anderson and Wright.
What is the current status of SB 1390?
This bill died with 2011-2012 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 1390?
Track SB 1390 free on One Click Politics — get push/email alerts when it moves.

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