California Government Code

§ 98020

GOV § 98020 Effective Jan 1, 2025Title 16 · Ch. 2

Statute text

(a)A California Indian tribe that is party to a current ratified tribal-state gaming compact, or that is party to current secretarial procedures pursuant to Chapter 29 of Title 25 of the United States Code, may bring an action in superior court, filed solely against licensed gambling enterprises and third-party providers of proposition player services seeking a declaration as to whether a controlled game operated by a licensed gambling establishment and banked by a third-party provider of proposition player services constitutes a banking card game that violates state law, including tribal gaming rights under Section 19 of Article IV of the California Constitution, and may also request injunctive relief.

(b)The court may make a binding declaration in either affirmative or negative form and effect, which shall have the force of a final judgment, and may issue injunctive relief enjoining further operation of the controlled game or grant any other relief the court deems appropriate. No claim for money damages, penalties, or attorney’s fees shall be permitted under this section.

(c)Any review as to whether a controlled game operated by a licensed gambling establishment and banked by a third-party provider of proposition player services constitutes a banking card game that violates state law, including tribal gaming rights under Section 19 of Article IV of the California Constitution, shall be conducted de novo.

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Legislative history

Added by Stats. 2024, Ch. 860, Sec. 4. (SB 549) Effective January 1, 2025.