BILL NUMBER: SB 1812	CHAPTERED  09/10/04

	CHAPTER  487
	FILED WITH SECRETARY OF STATE  SEPTEMBER 10, 2004
	APPROVED BY GOVERNOR  SEPTEMBER 10, 2004
	PASSED THE SENATE  AUGUST 17, 2004
	PASSED THE ASSEMBLY  AUGUST 9, 2004
	AMENDED IN ASSEMBLY  JUNE 28, 2004

INTRODUCED BY   Senator Vincent

                        FEBRUARY 20, 2004

   An act to amend Section 19930 of the Business and Professions
Code, relating to gambling.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1812, Vincent.  Gambling control.
   The Gambling Control Act provides for the licensure and regulation
of various legalized gambling activities and establishments by the
California Gambling Control Commission and the enforcement of those
activities by the Division of Gambling Control.  Existing law confers
on the division the responsibility of investigating violations of
gambling laws and regulations and, if appropriate, recommending
suspension or revocation of a license, permit, finding of
suitability, or approval, to the commission.
   This bill would authorize an administrative law judge, in cases in
which that judge recommends that the commission revoke, suspend, or
deny a gaming license, to order the licensee or applicant for a
license to pay the division the reasonable costs of the investigation
and  prosecution of the case, as specified.  The bill would also
make related changes to those provisions.


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


  SECTION 1.  Section 19930 of the Business and Professions Code is
amended to read:
   19930.  (a) The division shall make appropriate investigations as
follows:
   (1) Determine whether there has been any violation of this chapter
or any regulations adopted thereunder.
   (2) Determine any facts, conditions, practices, or matters that it
may deem necessary or proper to aid in the enforcement of this
chapter or any regulation adopted thereunder.
   (3) To aid in adopting regulations.
   (4) To secure information as a basis for recommending legislation
relating to this chapter.
   (b) If, after any investigation, the division is satisfied that a
license, permit, finding of suitability, or approval should be
suspended or revoked, it shall file an accusation with the commission
in accordance with Chapter 5 (commencing with Section 11500) of Part
1 of Division 3 of Title 2 of the Government Code.
   (c) In addition to any action that the commission may take against
a license, permit, finding of suitability, or approval, the
commission may also require the payment of fines or penalties.
However, no fine imposed shall exceed twenty thousand dollars
($20,000) for each separate violation of any provision of this
chapter or any regulation adopted thereunder.
   (d) In any case in which the administrative law judge recommends
that the commission revoke, suspend, or deny a license, the
administrative law judge may, upon presentation of suitable proof,
order the licensee or applicant for a license to pay the division the
reasonable costs of the investigation and prosecution of the case.
   (1) The costs assessed pursuant to this subdivision shall be fixed
by the administrative law judge and may not be increased by the
commission.  When the commission does not adopt a proposed decision
and remands the case to the administrative law judge, the
administrative law judge may not increase the amount of any costs
assessed in the proposed decision.
   (2) The division may enforce the order for payment in the superior
court in the county in which the administrative hearing was held.
The right of enforcement shall be in addition to any other rights
that the division may have as to any licensee directed to pay costs.

   (3) In any judicial action for the recovery of costs, proof of the
commission's decision shall be conclusive proof of the validity of
the order of payment and the terms for payment.
   (e) Notwithstanding any other provision of law, all costs
recovered under this section shall be deposited in the fines and
penalties account, a special account described in subdivision (a) of
Section 19950.
   (f) For purposes of this section, "costs" include costs incurred
for any of the following:
   (1) The investigation of the case by the division.
   (2) The preparation and prosecution of the case by the Office of
the Attorney General.