BILL ANALYSIS Bill No: AB 813 SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION Senator Roderick D. Wright, Chair 2009-2010 Regular Session Staff Analysis AB 813 Author: Hall As Amended: May 5, 2009 Hearing Date: July 8, 2009 Consultant: Chris Lindstrom SUBJECT Gambling Control Act: administration. DESCRIPTION AB 813 limits the times that the Department of Justice (DOJ) may perform routine audits at controlled gambling establishments to the normal business hours, between 8 a.m. to 6 p.m. within a five-day work week. AB 813 provides that the limitation on the times that a routine audit may be performed shall not be construed to take away from DOJ's investigatory authority and duties. EXISTING LAW Existing law, the Gambling Control Act, provides for the licensure and regulation of various legalized gambling activities and establishments by California Gambling Control Commission (CGCC) and the enforcement of those activities by DOJ. Existing law provides DOJ with all powers necessary and proper to enable it to carry out fully and effectually the duties and responsibilities of DOJ specified in the Gambling Control Act. Existing law provides that DOJ may take any of the following actions: AB 813 (Hall) continued Page 2 1)Visit, investigate, and place expert accountants, technicians, and any other person, as it may deem necessary, in all areas of the premises wherein controlled gambling is conducted for the purpose of determining compliance with the rules and regulations adopted pursuant to the Gambling Control Act. 2)Visit, inspect, and examine all premises where gambling equipment is manufactured, sold, or distributed. 3)Inspect all equipment and supplies in any gambling establishment or in any premises where gambling equipment is manufactured, sold, or distributed. 4)Summarily seize, remove, and impound any equipment, supplies, documents, or records from any licensed premises for the purpose of examination and inspection. However, upon reasonable demand by the licensee or the licensee's authorized representative, a copy of all documents and records seized shall be made and left on the premises. 5)Demand access to, and inspect, examine, photocopy, and audit all papers, books, and records of an owner licensee on the gambling premises in the presence of the licensee or his or her agent. BACKGROUND Purpose of the bill. According to the sponsor, "this bill seeks to make a change in the Gambling Control Act to allow card clubs with the ability to have themselves subject to random inspections during the hours and days when the operating manager is on site." Supporters of the bill described incidents where DOJ inspectors conducted late night audits where the inspectors requested the on-site shift manager to provide them with receipts, payroll data and other related records. That manager, then, had to contact the main operating manager, who has access to the requested information, to avoid being charged with a misdemeanor, pay a fine, or both. According to this bill's sponsor, the language referring to the inspection and copying of gaming operation papers, books, and records is basically the same as language contained in the 1999 Tribal-State Gaming Compacts. Background. Prior to 1998, California's gambling industry was essentially unregulated. In 1984, the Legislature enacted the Gaming Registration Act, which required the AB 813 (Hall) continued Page 3 Attorney General's office to provide uniform, minimum regulation of California's cardrooms. However, the scope of the Attorney General's authority was extremely limited and funding was inadequate - it was basically a registration program. Recognizing the need for broader oversight of California's gambling industry, the Legislature enacted the Gambling Control Act (Chapter 867, Statutes of 1997). The Act created a comprehensive scheme for statewide regulation of legal gambling. The provisions of the Act are administered through a bifurcated system. The Bureau of Gambling Control within DOJ was created to enforce the provisions of the Gambling Control Act which includes, among other things, the authority to demand access to, and inspect, examine, photocopy, and audit all papers, books, and records of an owner licensee on the gambling premises in the presence of the licensee or his or her agent. In addition, the Act created a five-member, Governor-appointed California Gambling Control Commission to establish minimum regulatory standards for the gambling industry and to ensure that state gambling licenses are not issued to or held by unsuitable or unqualified individuals. Tribal-State Gaming Compacts (compacts). The provision of the compacts related to onsite audits and inspection of records provides, "Inspection and copying of Gaming Operation papers, books, and records may occur at any time, immediately after notice to the Tribal Gaming Agency, during the normal hours of the Gaming Facility's business office, provided that the inspection and copying of those papers, books or records shall not interfere with the normal functioning of the Gaming Operation or Facility." PRIOR/RELATED LEGISLATION AB 2431 (Governmental Organization Committee), Chapter 738, Statutes of 2002 . Renumbers various sections and article headings within the Gambling Control Act, eliminates outdated references, resolves conflicting provisions, and makes other technical and clarifying changes. SB 8 (Lockyer), Chapter 867, Statutes of 1997 . Repealed the Gaming Regulation Act, and instead enacted the Gambling AB 813 (Hall) continued Page 4 Control Act, which provided for DOJ to investigate and enforce controlled gambling in the state. It also establishes CGCC to regulate gambling in this state to issue, suspend, or revoke gambling licenses. SUPPORT: As of July 6, 2009: Lucky Chances Casino Lucky Derby Village Club OPPOSE: None on file as of July 6, 2009. FISCAL COMMITTEE: Senate Appropriations Committee **********