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:





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          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  




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          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  




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          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



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