SB 278, as introduced, Hall. Gambling: Internet poker.
Existing law, the Gambling Control Act, provides for the licensure and regulation of various legalized gambling activities and establishments by the California Gambling Control Commission and the investigation and enforcement of those activities and establishments by the Department of Justice.
This bill would authorize the operation of an Internet poker Web site within the borders of the state. The bill would require the commission, in consultation with the department, to promulgate regulations for intrastate Internet poker. The bill would require those regulations to include, but not be limited to, a licensing process for an individual or entity to become an operator of an Internet poker Web site and rules for the operation of an Internet poker Web site.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
The Legislature finds and declares both of the
2following:
3(a) In October 2006, the United States Congress passed the
4Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA)
P2 1(31 U.S.C. Secs. 5361 et seq.), which generally prohibits the use
2of banking instruments, including credit cards, checks, and fund
3transfers, for interstate Internet gambling.
4(b) UIGEA essentially prohibits online gambling by United
5States citizens, but includes exceptions that permit individual states
6to create a regulatory framework to enable intrastate Internet
7gambling, if the bets or wagers are made exclusively within a
8single state under certain
circumstances.
Chapter 5.2 (commencing with Section 19990.101) is
10added to Division 8 of the Business and Professions Code, to read:
11
13
An Internet poker Web site authorized pursuant to
17this chapter may be operated within the borders of the state in
18accordance with all applicable laws and regulations, including,
19but not limited to, the Unlawful Internet Gambling Enforcement
20Act of 2006 (31 U.S.C. Secs. 5361 et seq.).
21
For purposes of this chapter, the following
25definitions apply:
26(a) “Commission” means the California Gambling Control
27Commission.
28(b) “Department” means the Department of Justice.
29
The commission, in consultation with the
33department, shall promulgate regulations for intrastate Internet
34poker. These regulations shall include, but not be limited to, both
35of the following:
36(a) A licensing process for an individual or entity to become an
37operator of an Internet poker Web site.
38(b) Rules for the operation of an Internet poker Web site.
O
99