By creating a new crime, this bill would impose a state-mandated local program. This bill would also provide that notwithstanding any other provision of law, the Attorney General is expressly authorized to enforce these provisions, and in addition to bringing criminal actions shall have the authority to file civil actions, issue cease and desist letters, and take other actions as necessary to maximize compliance with these provisions by online gambling enterprises, intermediaries, and individual citizens of this state, and would specifically authorize the Attorney General to review electronic, print, and other advertisements of online gambling enterprises for accuracy, and demand that advertisements appearing in this state disclose that these online games are illegal in this state. This bill would provide that the authority thereby provided to the Attorney General shall not be construed to limit the authority of a district attorney to enforce these provisions. This bill would provide that its provisions are severable, and that if any of its provisions or its applications are held invalid, that invalidity shall not affect other provisions or applications that can be given effect. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason. Online gambling threatens the health, safety, and welfare of the citizens of this state, because, unlike controlled gambling conducted within licensed gambling establishments and tribal casinos, online gambling is completely unregulated. The unregulated nature of online gambling enterprises, combined with the fact that many online gambling providers are located beyond the criminal jurisdiction of this state or of the United States, poses an unacceptable risk of fraudulent business practices to patrons of these establishments. Due to the anonymous nature of the Internet, online gambling establishments are unable to accurately assess the age or identity of online patrons, and thus these enterprises facilitate illegal gambling by minors and other persons prohibited from engaging in gambling. This subdivision shall not apply with respect to advertisements that are not specifically directed towards the residents of this state and which contain adequate disclosure of the illegality of these games, nor shall this subdivision apply with respect to Internet service providers, web pages containing hypertext links, web search engines, networks, routers, hubs, or other directories, indexes, devices, or equipment which act as mere functional intermediaries between a patron and an online gambling enterprise and which do not reasonably constitute an advertisement or promotion of that enterprise.