Gambling-Related Legislation Chaptered in 2023

Changes to the law become effective January 1, 2024, unless otherwise specified.

GAMBLING CONTROL ACT / CARDROOMS

AB 341 (Chapter 8, Statutes of 2023, Ramos). Gambling: local moratorium.

This bill re-establishes a moratorium on the establishment and expansion of cardrooms. In part, the bill provides that the moratorium on the establishment of new cardrooms would remain in effect until January 1, 2043, and effectively makes that moratorium retroactive to the expiration of the previous moratorium on January 1, 2023. Additionally, the bill authorizes an increase of up to 10 additional tables above the number operated by a gambling establishment on January 1, 2023, as specified, only for gambling establishments operating fewer than 20 gambling tables.

This bill requires the California Gambling Control Commission (Commission) to adopt regulations implementing a new owner license type that allows for a person to be endorsed on the license certificates of multiple gambling enterprises, as specified. Additionally, this bill authorizes the Commission to adopt regulations to waive application requirements including supplemental forms, background investigations, and associated deposits when an applicant already possesses a current state gambling license in good standing. This bill also clarifies and codifies transferability of key employee licenses and Commission-issued work permits for employees seeking to work in more than one gambling establishment. Finally, this bill clarifies that Commission approval is required in advance for the sale or transfer of a cardroom by a sole proprietor, to address a loophole that exists in current law and ensure that all owners are treated equally..

This bill makes a clarifying, one-word change to legislation chaptered in 2021 to specify that current law exempting specified food and beverage employees from licensure if they perform their duties in areas of a gambling establishment in which gambling is not “authorized,” is instead applicable to specified food and beverage employees performing their duties in areas of a gambling establishment in which gambling is not “conducted.”

TRIBAL

AB 498 (Chapter 9, Statutes of 2023, Aguiar-Curry). Tribal gaming: compact ratification.

This bill, an urgency measure, ratifies a new Tribal-State Gaming Compact between the State of California and the Federated Indians of Graton Rancheria, executed on March 9, 2023. This bill also provides that, in deference to tribal sovereignty, certain actions are not projects for purposes of the California Environmental Quality Act. As an urgency measure, this bill’s provisions were immediately effective upon the Governor’s signature on May 22, 2023.

AB 553 (Chapter 533, Statutes of 2023, Ramos). Department of Justice: Bureau of Gambling Control.

This bill requires, by no later than June 1, 2025, the Department of Justice’s Bureau of Gambling Control (Bureau) to develop and implement a policy and procedure for formally tracking employee hours and other expenses that can be charged to the Indian Gaming Special Distribution Fund, as specified. The bill also requires the Bureau to conduct quarterly compliance audits of employee timekeeping records beginning on January 1, 2026.

AB 854 (Chapter 272, Statutes of 2023, Ramos). Tribal gaming: compact ratification.

This bill, an urgency measure, ratifies a new Tribal-State Gaming Compact between the State of California and the Redding Rancheria, California, executed on March 30, 2023. This bill also provides that, in deference to tribal sovereignty, certain actions are not projects for purposes of the California Environmental Quality Act. As an urgency measure, this bill’s provisions were immediately effective upon the Governor’s signature on September 30, 2023.

AB 1658 (Chapter 852, Statutes of 2023, Santiago). Tribal gaming: compact amendment ratification.

This bill, an urgency measure, ratifies 22 separate amendments to extend the terms of the 1999 Tribal-State Gaming Compacts (Compacts) between the State of California and specified tribes until December 31, 2024. The bill was introduced to ratify extensions for current Compacts as required by the California Constitution. This bill also provides that, in deference to tribal sovereignty, certain actions are not projects for the purposes of the California Environmental Quality Act. As an urgency measure, this bill’s provisions were immediately effective upon the Governor’s signature on October 13, 2023.

SB 736 (Chapter 11, Statutes of 2023, McGuire). Tribal gaming: compact ratification.

This bill, an urgency measure, ratifies amendments to the existing 1999 Tribal-State Gaming Compact (Compact) between the State of California and the Middletown Rancheria of Pomo Indians of California, executed on May 15, 2023, to extend the term of the existing Compact by 18 months. Additionally, this bill ratifies a new Compact between the State of California and the Tribe, executed on March 30, 2023. This bill also provides that, in deference to tribal sovereignty, certain actions are not projects for purposes of the California Environmental Quality Act. As an urgency measure, this bill’s provisions were immediately effective upon the Governor’s signature on June 23, 2023.

SB 771 (Chapter 888, Statutes of 2023, Dodd). Tribal gaming: compact ratification.

This bill, an urgency measure, ratifies five separate Tribal-State Gaming Compacts between the State of California and the following California Indian Tribes: (1) Cahto Tribe of the Laytonville Rancheria; (2) Ewiiaapaayp Band of Kumeyaay Indians, California; (3) Manchester Band of Pomo Indians of the Manchester Rancheria, California; (4) Resighini Rancheria; and, (5) Sherwood Valley Rancheria of Pomo Indians of California. This bill also provides that, in deference to tribal sovereignty, certain actions are not projects for the purposes of the California Environmental Quality Act. As an urgency measure, this bill’s provisions were immediately effective upon the Governor’s signature on October 13, 2023.

OTHER GAMING

SB 650 (Chapter 406, Statutes of 2023, Dodd). Gaming: charitable raffles.

This bill removes the January 1, 2024 sunset date to permanently authorize charitable raffles under the Major League Sports Raffle Program. This program authorizes raffles conducted by private, nonprofit organizations established by, or affiliated with, specified professional sports teams or professional sports organizations, in which 50 percent of the proceeds support charitable purposes and 50 percent of the proceeds are awarded to the raffle winner.

BAGLEY-KEENE OPEN MEETING ACT

SB 143 (Chapter 196, Statutes of 2023, Committee on Budget and Fiscal Review). State government.

This bill, among other changes, reinstates previous Bagley-Keene Open Meeting Act exemptions that expired on July 1, 2023. Specifically, until December 31, 2023, the bill suspends requirements that each remote meeting location be included in the meeting notice and accessible to the public, and that at least one member of the state body is physically present at the location specified in the meeting notice. As a budget trailer bill, this bill’s provisions were immediately effective upon the Governor’s signature on September 13, 2023.

SB 544 (Chapter 216, Statutes of 2023, Laird). Bagley-Keene Open Meeting Act: teleconferencing.

This bill, from January 1, 2024, until January 1, 2026, creates alternate Bagley-Keene Open Meeting Act requirements for state bodies opting to conduct meetings and other proceedings by electronic means.