California's Anti-Sweeps Bill, AB 831, Receives Notable Amendment

A common argument against California's anti-sweepstakes legislation, AB 831, is that under the bill, things such as California Lottery online games and promotions run by companies like Marriott, Microsoft, and others would be illegal. 

Now, lawmakers are seemingly getting out in front of that. An amendment has been added to address that ahead of a Senate vote. 

The Amendment and New Language

As mentioned, an amendment has been added to the sweepstakes casino legislation, and it reads as follows: 

"This bill would specify that these provisions do not make unlawful or otherwise restrict lawful games and methods used by a gambling enterprise licensed under the Gambling Control Act or operations of the California State Lottery. The bill would specify that these provisions do not make unlawful game promotions or sweepstakes conducted by for-profit commercial entities on a limited and occasional basis as an advertising and marketing tool that are incidental to substantial bona fide sales of consumer products or services and that are not intended to provide a vehicle for the establishment of ongoing gambling or gaming."

Thus, the language now reads like legal casinos, the lottery, and promotions such as "buy a soda for a chance to win a prize" won't be prohibited. 

Looking Ahead

AB 831 received a unanimous 7-0 vote in the California Senate Appropriations Committee on Friday, Aug. 29. 

Now, it's headed to the Senate for a vote. 

Of the 40 votes, it'll need at least 21 to pass. 

If it does, it'll head back to the Assembly, where it had a 77-0 vote in May, but it has been amended quite a bit since then. 

Should it pass through these channels, it'll head to Governor Gavin Newsom's desk to be signed or vetoed. 

The vote would need to happen before Sept. 12 for the current legislative session. However, California has a two-year cycle, so if it's not done before Sept. 12, it could be addressed again as early as January 2026. 

Tribes Against the Bill

So far, we know that three tribes—Big Lagoon Rancheria, the Sherwood Valley Band of Pomo Indians, and the Kletsel Dehe Wintun Nation—are against the bill. 

There have also been a few of the more prominent cardroom cities to come against it, too. 

However, there's also Victor Rocha, the Conference Chair of the Indian Gaming Association, who is confident the bill will pass and be signed into law. 

"My sources tell me we have more than enough votes in the Senate & the Assembly. I’m also told Gov. Newsom will sign it when it gets to his desk," Rocha wrote in a post on X. 

Will the bill pass in the Senate? If so, and it heads to Newson's desk, will he sign it? 

We shall find out fairly soon.