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SB-1125 Gambling Control Act.(2009-2010)

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Enrolled  August 30, 2010
Passed  IN  Senate  August 25, 2010
Passed  IN  Assembly  August 23, 2010
Amended  IN  Assembly  August 16, 2010
Amended  IN  Assembly  August 02, 2010
Amended  IN  Assembly  June 28, 2010
Amended  IN  Assembly  June 22, 2010
Amended  IN  Senate  May 27, 2010
Amended  IN  Senate  April 20, 2010
Amended  IN  Senate  March 22, 2010

CALIFORNIA LEGISLATURE— 2009–2010 REGULAR SESSION

Senate Bill
No. 1125

Introduced  by  Senator Florez

February 18, 2010

An act to add Sections 19843.5 and 19943.5 to the Business and Professions Code, relating to gaming.


LEGISLATIVE COUNSEL'S DIGEST


SB 1125, Florez. Gambling Control Act.
(1) The Gambling Control Act provides for the licensure of certain individuals and establishments involved in various gambling activities, and for the regulation of those activities, by the California Gambling Control Commission. Existing law provides for the enforcement of those activities by the Department of
Justice. Existing law permits the commission to adopt regulations related to the operation of a gambling establishment, as provided.
This bill would provide that jackpot funds, to which players have made contributions, are held for the benefit of the players and are not the property of the gambling establishment.
(2) Existing law requires the department to approve the play of any controlled game, including, but not limited to, placing restrictions and limitations on how a controlled game is played.
This bill would provide that a gambling establishment that conducts play of a controlled game that has been approved by the department, but is later found to be unlawful, has an absolute defense to any criminal, administrative, or civil action, so long as the game was being played in the manner approved and during the time for which it was approved.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 19843.5 is added to the Business and Professions Code, to read:

19843.5.
 Jackpot funds held by a gambling establishment, to which players have made contributions, following the deduction of any administrative fee approved by the bureau, shall be held for the benefit of the players. These jackpot funds are not the property of the gambling establishment, but are held solely for the benefit of the players.

SEC. 2.

 Section 19943.5 is added to the Business and Professions Code, to read:

19943.5.
 If a gambling establishment conducts play of a controlled game that has been approved by the department pursuant to Section 19826, and the controlled game is subsequently found to be unlawful, so long as the game was played in the manner approved, the approval by the department shall be an absolute defense to any criminal, administrative, or civil action that may be brought, provided that the game is played during the time for which it was approved by the department.