BILL NUMBER: AB 513	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 31, 2011

INTRODUCED BY   Assembly Member Hall

                        FEBRUARY 15, 2011

   An act  to add Section 1724 to the Civil Code,   relating
to enforcement of obligations.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 513, as amended, Hall. Enforcement of obligations: gambling
debt.
   Existing case law declares the public policy of the state against
judicial resolution of civil claims arising out of gambling contracts
or transactions absent a statutory right to bring those claims.
   This bill would  declare the intent of the Legislature to
enact legislation relating to the enforcement of gambling debt
obligations   authorize a tribal gaming operation or a
gambling enterprise, or a person acting on behalf of either of those
entities, to bring an action in state court to enforce credit
instruments that evidence gambling debt, including an action to
enforce the debt represented by a credit instrument that is lost or
destroyed if the existence of the credit instrument can be proven
 .
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 1724 is added to the  
Civil Code   , to read:  
   1724.  (a) A tribal gaming operation or gambling enterprise, or a
person acting on behalf of either of those entities, may bring an
action in state court to enforce a credit instrument that evidences
gambling debt.
   (b) A credit instrument tendered to, and accepted by, a tribal
gaming operation or gambling enterprise, and the debt that the credit
instrument represents, are valid and enforceable by legal process.
   (c) A tribal gaming operation or gambling enterprise, or a person
acting on behalf of either of those entities, may accept a credit
instrument before, at the time of, or after the patron incurs the
debt. The credit instrument, and the debt that the credit instrument
represents, are enforceable without regard to whether the credit
instrument was accepted before, at the time of, or after the debt is
incurred.
   (d) The debt represented by a credit instrument that is lost or
destroyed may be enforced pursuant to this section if the existence
of the credit instrument can be proven.
   (e) The following definitions apply for purposes of this section:
   (1) "Gambling enterprise" has the same meaning as defined in
subdivision (m) of Section 19805 of the Business and Professions
Code.
   (2) "Credit instrument" means a writing that evidences a gambling
debt owed to a tribal gaming operation or gambling enterprise, and
includes any writing taken in consolidation, redemption, or payment
of a previous credit instrument.
   (3) "Tribal gaming operation" means the business enterprise that
offers and operates gaming activities pursuant to a tribal-state
gaming compact between the state and a federally recognized Indian
tribe.  
  SECTION 1.    It is the intent of the Legislature
to enact legislation relating to the enforcement of gambling debt
obligations.