BILL NUMBER: SB 1125
VETOED DATE: 09/29/2010
To the Members of the California State Senate:
I am returning Senate Bill 1125 without my signature.
This bill would provide an absolute defense to gambling
establishments that engage in illegal gaming so long as the Bureau of
Gambling Control (Bureau) within the Department of Justice approved
the play prior to the game being found illegal. This past
legislative session, my Administration sponsored several bills to
address the issue of tort reform. Similar to this measure, one of
these measures provided for limited immunity for businesses that
engaged in conduct that was approved by a federal or state agency.
However, even this modest reform contained a provision that prevented
an absolute defense if the business in question intentionally
misrepresented material information or defrauded the public entity
that gave its approval.
I am unable to sign this bill because, unlike the measure previously
mentioned, this bill does not take into account possible misconduct
by a gambling establishment that may have induced the Bureau to
erroneously approve a controlled game. In addition, there may be
other instances where a gambling establishment may be playing a
controlled game in bad faith and in violation of other provisions of
existing law. Notwithstanding the fact that the Bureau may have
approved such conduct, that approval alone should not constitute an
absolute defense to all civil, criminal, or administration actions.
For these reasons, I am unable to sign this bill.
Sincerely,
Arnold Schwarzenegger