California Senator Rod Wright Crafts Sports Betting Bill
Gambling911.com has obtained a copy of the bill proposed by California Senator Rod Wright (D-25th District) that would essentially legalize sports betting in the state. It appears he has been studying similar efforts in the state of New Jersey.
Senate Resolution No. 49—Relative to sports wagering.
WHEREAS, Since January 1, 1993, the federal Professional
and Amateur Sports Protection Act (28 U.S.C. Sec. 3701 et seq.)
has prohibited states and local governments from authorizing sports
wagering; and
WHEREAS, Under the federal Professional and Amateur Sports
Protection Act, it is unlawful for a governmental entity to sponsor,
operate, advertise, license, or authorize by law or compact, a
lottery, sweepstakes, or other betting, gambling, or wagering
scheme (referred to as “sports betting”) based, directly or indirectly
(through the use of geographical references or otherwise), on one
or more competitive games in which amateur or professional
athletes participate, or are intended to participate, or on one or
more performances of those athletes in those games (28 U.S.C.
Sec. 3702); and
WHEREAS, The federal Professional and Amateur Sports
Protection Act makes it unlawful for a person to sponsor, operate,
or promote, pursuant to the law or compact of a governmental
entity, a lottery, sweepstakes, or other betting, gambling, or
wagering scheme based, directly or indirectly (through the use of
geographical references or otherwise), on one or more competitive
games in which amateur or professional athletes participate, or are
intended to participate, or on one or more performances of those
athletes in those games (28 U.S.C. Sec. 3702); and
WHEREAS, The federal Professional and Amateur Sports
Protection Act does not apply to a lottery, sweepstakes, or other
betting, gambling, or wagering scheme in operation in a state or
other governmental entity, to the extent that the scheme was
conducted by that state or other governmental entity at any time
during the period beginning January 1, 1976, and ending August
31, 1990 (28 U.S.C. Sec. 3704(a)(1)); and
WHEREAS, The federal Professional and Amateur Sports
Protection Act does not apply to a lottery, sweepstakes, or other
betting, gambling, or wagering scheme in operation in a state or
other governmental entity where both the scheme was authorized
by a statute as in effect on October 2, 1991, and a scheme described
in Section 3702 of Title 28 of the United States Code, other than
one based on parimutuel animal racing or jai alai games, was
actually conducted in that state or other governmental entity at any
time during the period beginning September 1, 1989, and ending
October 2, 1991, pursuant to the law of that state or other
governmental entity (28 U.S.C. Sec. 3704(a)(2)); and
WHEREAS, The federal Professional and Amateur Sports
Protection Act does not apply to a betting, gambling, or wagering
scheme conducted exclusively in casinos located in a municipality,
if the scheme or a similar scheme was authorized to be operated
in that municipality not later than January 1, 1994, and any
commercial casino gaming scheme was in operation in that
municipality throughout the 10-year period ending on January 1,
1993, pursuant to a comprehensive system of state regulation
authorized by that state’s constitution and applicable solely to that
municipality (28 U.S.C. Sec. 3704(a)(3)); and
WHEREAS, The federal Professional and Amateur Sports
Protection Act does not apply to parimutuel animal racing or jai
alai games (28 U.S.C. Sec. 3704(a)(4)); and
WHEREAS, As a result of the exceptions contained in the
federal Professional and Amateur Sports Protection Act, sports
betting is permitted in Nevada, Delaware, Oregon, and Montana,
but prohibited in the remaining 46 states of the United States,
including California; and
WHEREAS, The Senate for the State of New Jersey has passed
a resolution supporting, and authorizing one of its members to
join, a lawsuit in the United States District Court for the District
of New Jersey challenging the federal ban on sports betting as
unconstitutional; and
WHEREAS, The federal sports wagering ban is not effective
in curbing illegal sports betting, and lifting that ban would allow
state gaming enforcement agencies to properly regulate and police
this activity; and
WHEREAS, The federal Professional and Amateur Sports
Protection Act discriminates against California and deprives the
state of the opportunity afforded to Nevada, Delaware, Oregon,
and Montana to raise millions of dollars in revenue that would
potentially flow from the legislative authorization of sports betting
in this state; and
WHEREAS, An end to the federal ban would potentially benefit
the State of California significantly, thereby generating income
for the state; now, therefore, be it
Resolved by the Senate of the State of California,That the Senate
respectfully urges the President and the Congress of the United
States to remove the federal ban on sports wagering by repealing
the Professional and Amateur Sports Protection Act; and be it
further
Resolved,That the Senate respectfully urges the Attorney
General of California to take legal action on behalf of the State of
California as the Attorney General deems appropriate and necessary
to challenge enforcement of the federal Professional and Amateur
Sports Protection Act, including the submission of an amicus brief
in Interactive Media Entertainment & Gaming Assoc., Inc. v.
Attorney General of the United States (United States Dist. Court,
Dist. N.J.) Case 3:09-cv-01301-GEB; and be it further
Resolved,That the Secretary of the Senate transmit copies of
this resolution to the President and Vice President of the United
States, to the Majority Leader of the Senate, to the Speaker of the
House of Representatives, to each Senator and Representative from
California in the Congress of the United States, and the Attorney
General of California.
