California Senate Bill 549
Session 20232024
Gaming: Tribal Nations Access to Justice Act.
Became Law
Became Law on Sep 28, 2024
Origin Chamber
Senate
Type
Bill
Bill Number
549
State
California
Session
20232024
Josh Newman
grade
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Motion Text
Unfinished Business SB549 Newman et al. Concurrence
Senate Roll Call Votes
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Summary
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.
02/15/23 - Introduced
February 15, 2023
03/20/23 - Amended Senate
March 20, 2023
06/19/23 - Amended Assembly
June 19, 2023
07/10/23 - Amended Assembly
July 10, 2023
06/12/24 - Amended Assembly
June 12, 2024
08/19/24 - Amended Assembly
August 19, 2024
09/05/24 - Enrolled
September 5, 2024
09/28/24 - Chaptered
September 28, 2024
04/17/23- Senate Education
April 17, 2023
05/03/23- Sen. Floor Analyses
May 3, 2023
06/30/23- Assembly Judiciary
June 30, 2023
07/01/24- Assembly Governmental Organization
July 1, 2024
08/05/24- Assembly Appropriations
August 5, 2024
08/21/24- ASSEMBLY FLOOR ANALYSIS
August 21, 2024
08/30/24- Sen. Floor Analyses
August 30, 2024
Sort by most recent
09/28/2024
California State Legislature
Chaptered by Secretary of State. Chapter 860, Statutes of 2024.
09/28/2024
California State Legislature
Approved by the Governor.
09/11/2024
California State Legislature
Enrolled and presented to the Governor at 3 p.m.
08/31/2024
Senate
Assembly amendments concurred in. (Ayes 32. Noes 2. Page 5791.) Ordered to engrossing and enrolling.
08/30/2024
Senate
In Senate. Concurrence in Assembly amendments pending.
08/29/2024
Assembly
Read third time. Passed. (Ayes 62. Noes 0. Page 6898.) Ordered to the Senate.
08/20/2024
Assembly
Read second time. Ordered to third reading.
08/19/2024
Assembly
Read second time and amended. Ordered to second reading.
08/15/2024
Assembly
From committee: Do pass as amended. (Ayes 14. Noes 0.) (August 15).
08/07/2024
Assembly
August 7 set for first hearing. Placed on suspense file.
07/02/2024
Assembly
From committee: Do pass and re-refer to Com. on APPR. (Ayes 15. Noes 1.) (July 2). Re-referred to Com. on APPR.
06/12/2024
Assembly
From committee with author's amendments. Read second time and amended. Re-referred to Com. on G.O.
01/04/2024
Assembly
Re-referred to Com. on G.O. pursuant to Assembly Rule 96.
07/10/2023
Assembly
Read second time and amended. Re-referred to Com. on RLS.
07/06/2023
Assembly
From committee: Do pass as amended and re-refer to Com. on RLS. (Ayes 6. Noes 0.) (July 5).
06/27/2023
Assembly
Re-referred to Coms. on JUD. and G.O. pursuant to Assembly Rule 96.
06/22/2023
Assembly
June 28 hearing postponed by committee.
06/19/2023
Assembly
From committee with author's amendments. Read second time and amended. Re-referred to Com. on ED.
05/11/2023
Assembly
Referred to Com. on ED.
05/04/2023
Assembly
In Assembly. Read first time. Held at Desk.
05/04/2023
Senate
Read third time. Passed. (Ayes 37. Noes 0. Page 1004.) Ordered to the Assembly.
05/02/2023
Senate
Read second time. Ordered to consent calendar.
05/01/2023
Senate
From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar.
04/21/2023
Senate
Set for hearing May 1.
04/19/2023
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.
04/10/2023
Senate
Set for hearing April 19.
03/29/2023
Senate
Re-referred to Com. on ED.
03/20/2023
Senate
From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
02/22/2023
Senate
Referred to Com. on RLS.
02/16/2023
Senate
From printer. May be acted upon on or after March 18.
02/15/2023
Senate
Introduced. Read first time. To Com. on RLS. for assignment. To print.
Sources
Record Created
Feb 16, 2023 7:03:42 AM
Record Updated
Oct 11, 2024 12:31:52 PM