Ignoring the protests of some of the state's tribes, the full California State Senate unanimously approved bill AB831 in a 36-0 vote on Monday. It was a major step toward outlawing sweepstakes casinos across the state, but the job isn't done just yet.
What are the next steps? How much further must this bill go before it becomes law?
The next step in the process is to return the bill to the State Assembly. During its time under consideration by the Senate, Bill AB831 underwent a number of significant amendments to gain approval. This is referred to as a gut-and-amend process.
Among the changes were the addition of language that made it clear that the state lottery and short-term sweepstakes competitions offered by companies such as McDonald's wouldn't be covered by this new law.
Text was also added by legislators stating that prosecutors would be required to establish that a person knowingly supported a banned sweepstakes game to be able to to convict them of the charges laid out in the bill.
When lawmakers are making such changes to a bill, it must be sent back to the State Assembly for what is known as a concurrence vote. The members of the State Assembly must decide whether to accept and approve the changes that were made to the bill.
Concurrence is, in essence, approval of the bill. This move would send the bill on to the desk of California Governor Gavin Newsom for his consideration. However, if state lawmakers are opting not to give concurrence, there would be a requirement for further debate among lawmakers. Negotiations could even lead to the bill returning to a conference committee for further discussion.
Expectations are that a concurrence vote will be taking place before the State Assembly breaks on September 13.
Traditionally, it's rare for a concurrence vote not to go in favor of the approved bill. The State Assembly had already unanimously approved AB 831 when sending the bill on to the Senate for consideration. The changes made aren't likely to be significant enough to lead to the need for further debate.
"My sources tell me we have more than enough votes in the Senate & the Assembly," Victor Rocha, Conference Chair of the Indian Gaming Association, posted on X. "I’m also told Gov. Newsom will sign it when it gets to his desk."
Assemblymember Avelino Valencia, who introduced Bill AB831, believes that state lawmakers are taking the right course in shutting down sweepstakes casinos.
“Many of these ‘sweepstakes’ operators are based offshore and function without proper oversight, avoiding requirements like consumer protections, responsible gaming safeguards, background checks, and tax compliance,” Valencia said in a statement.
Along with banning sweepstakes casino and sportsbook operations in California, Bill AB831 would also make it illegal for any person, entity, financial institution, payment processor, geolocation provider, gaming content supplier, platform provider, or media affiliate to knowingly support directly or indirectly the operation, conduct, or promotion of an online sweepstakes game within the state.”
If the State Assembly is giving the bill concurrence, only one requirement would be left for it to become law. That would be for Governor Newsom signing the bill into law.
Some of California's tribes feel that the state government is rushing Bill AB831 through the approval process. They feel the government isn't giving enough consideration to all sides of the issue. Smaller tribes such as the Kletsel Dehe Wintun Nation, the Sherwood Valley Rancheria of Pomo Indians, the Mechoopda Indian Tribe of Chico Rancheria, and Big Lagoon Rancheria gathered outside the State Capitol in Sacramento to show their opposition to AB 831.
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