Today's Law As Amended

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SB-278 Gambling: Internet poker.(2015-2016)



SECTION 1.
 The Legislature finds and declares both of the following:
(a) In October 2006, the United States Congress passed the federal Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA) (31 U.S.C. Sec. 5361 et seq.), which generally prohibits the use of banking instruments, including credit cards, checks, and fund transfers, for interstate Internet gambling.
(b) UIGEA essentially prohibits online gambling by United States citizens, but includes exceptions that permit individual states to create a regulatory framework to enable intrastate Internet gambling, if the bets or wagers are made exclusively within a single state under certain circumstances.

SEC. 2.

 Chapter 5.2 (commencing with Section 19990.101) is added to Division 8 of the Business and Professions Code, to read:

CHAPTER  5.2. Authorized Intrastate Internet Poker
Article  1. General Provisions
19990.101.
 An Internet poker Web site authorized pursuant to this chapter may be operated within the borders of the state in accordance with all applicable laws and regulations, including, but not limited to, the federal Unlawful Internet Gambling Enforcement Act of 2006 (31 U.S.C. Sec. 5361 et seq.).
Article  2. Definitions
19990.201.
 For purposes of this chapter, the following definitions apply:
(a) “Commission” means the California Gambling Control Commission.
(b) “Department” means the Department of Justice.
Article  3. Administration
19990.301.
 The commission, in consultation with the department, shall promulgate regulations for intrastate Internet poker. These regulations shall include, but not be limited to, both of the following:
(a) A licensing process for an individual or entity to become an operator of an Internet poker Web site.
(b) Rules for the operation of an Internet poker Web site.
SEC. 3.
 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to, at the earliest possible time, authorize the operation of Internet poker Web sites in California, create a licensing process for operators of those Web sites, and establish rules for the operation of those Web sites, it is necessary that this act take effect immediately.