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California Senator Rod Wright Crafts Sports Betting Bill

Written by:
C Costigan
Published on:
Aug/26/2010
sports betting California

 

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.

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