BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 399| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- CONSENT Bill No: SB 399 Author: Hall (D) Introduced:2/25/15 Vote: 21 SENATE GOVERNMENTAL ORG. COMMITTEE: 7-0, 4/28/15 AYES: Hall, Block, Hernandez, Hill, Hueso, Lara, McGuire NO VOTE RECORDED: Berryhill, Gaines, Galgiani, Vidak SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8 SUBJECT: Gambling: California Gambling Control Commission SOURCE: Author DIGEST: This bill requires that a public record of every vote of the California Gambling Control Commission (CGCC) be posted on the CGCC's Internet Web site no later than 48 hours after the vote is taken. ANALYSIS: Existing law: 1)Provides, under the Gambling Control Act, for the licensure and regulation of various legalized gambling activities and establishments by the CGCC and the investigation and enforcement of those activities and establishments by the Department of Justice (DOJ). 2)Requires five members to be appointed to the CGCC by the Governor, subject to confirmation by the California State Senate. SB 399 Page 2 3)Specifies that a majority of the appointed members of the CGCC is a quorum and that a concurring vote of three members of the CGCC is required for any official action of the CGCC or for the exercise of any of the CGCC's duties, powers, or functions. 4)Requires that a public record of every vote of the CGCC be maintained at its principal office. 5)Requires, under the Bagley-Keene Act, that all meetings of state bodies be open to the public, with certain specific exceptions. This bill requires that a public record of every vote of the CGCC be posted on the CGCC's Internet Web site no later than 48 hours after the vote is taken. Background Purpose of the bill. According to the author, while existing law requires that votes of the CGCC be maintained at its principal office, there is currently no requirement that votes that are taken by members of the CGCC be made available to the public on its Internet Web site. The author contends that by requiring that these votes are posted on the CGCC's Internet Web site we are ensuring that the public is aware of the decisions that are being made by the CGCC. CGCC. The CGCC is the official gambling commission of the State of California. The five member CGCC acts as the regulatory body over gambling establishments, all persons or transactions regarding ownership interest of gambling enterprises, third party providers and proposition players services, and tribal casinos. The CGCC is responsible for setting policy, establishing regulations, making determinations of suitability for gaming employees and other individuals and entities, issuing licenses, acting as administrator of gaming revenues deposited into the Indian Gaming Special Distribution Fund and the trustee over the revenues deposited into the Gaming Revenue Sharing Trust Fund, and administering the provisions of the Gambling SB 399 Page 3 Control Act and the Tribal State Gaming Compacts. The Bureau of Gambling Control within the DOJ is the state law enforcement authority with special jurisdiction over gambling activities within the State of California. The Bureau of Gambling Control is also the entity that receives application and fees and conducts criminal background investigations and audits. Prior/Related Legislation SB 650 (Hall, 2015) clarifies that the CGCC shall keep a record pertaining to its regular and special meetings and a record of all applications for licenses under the Gambling Control Act open to public inspection during normal business hours. (Pending in the Assembly Rules Committee) AB 2720 (Ting, Chapter 510, Statutes of 2014) required a state body to publicly report any action taken and the vote or abstention on that action of each member present for the action. SB 962 (Liu, Chapter 482, Statutes of 2010) allowed the use of videoconferencing and teleconferencing at the court's discretion and subject to availability for prisoners to participate in court proceedings for the termination of their parental rights or the court ordered dependency petition of their child. SB 95 (Ayala, Chapter 949, Statutes of 1997) made various changes to the Bagley-Keene Act by expanding the notice, disclosure and reporting requirements for open and closed meetings of state bodies. FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No SUPPORT: (Verified 5/11/15) None received OPPOSITION: (Verified 5/11/15) SB 399 Page 4 None received Prepared by: Felipe Lopez / G.O. / (916) 651-1530 5/13/15 17:17:53 **** END ****