BILL ANALYSIS Ó
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Isadore Hall, III
Chair
2015 - 2016 Regular
Bill No: SB 1313 Hearing Date: 4/12/2016
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|Author: |Hall |
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|Version: |2/19/2016 Introduced |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Felipe Lopez |
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SUBJECT: Gambling: California Gambling Control Commission
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 by the CGCC by the
Governor, subject to confirmation by the California State
Senate.
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
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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 current
law requires that votes of the CGCC be maintained at its
principal office, there is no requirement that votes be made
available to the public online. By requiring that these votes
are posted on the CGCC's Internet Web site, this bill ensures
that the public is aware of the decisions that are being made by
the CGCC."
California Gambling Control Commission. 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 player 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 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 applications
and fees and conducts criminal background investigations and
audits.
Bagley-Keene Act. When the Legislature enacted the Bagley-Keene
Act of 1967 it essentially said that when a body sits down to
develop its consensus, there needs to be a seat at the table
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reserved for the public. In doing so, the Legislature has
provided the public with the ability to monitor and be part of
the decision-making process. The Bagley-Keene Act explicitly
mandates open meetings for California State agencies, boards,
and commissions. It facilitates transparency of government
activities and protects the rights of citizens to participate in
state government deliberations. Therefore, absent a specific
reason to keep the public out of meetings, the public should be
allowed to monitor and participate in the decision-making
process. Similarly, California's Brown Act of 1953 protects
citizen's rights to open meetings at the local county government
levels.
California Public Records Act (Act). The Act presumes that all
records held by government are accessible to the public unless
expressly made exempt from disclosure. It gives members of the
public two main rights; the right to inspect records free of
charge and the right to obtain a copy of records after paying
for the direct costs of duplication or a statutory fee. Once
the request is made, the agency must either produce the records
in a reasonable amount of time, as specified, or justify its
decision to withhold the record by showing that the record is
exempt under an expressed provision of law or that the public
interest in disclosure of the record is clearly outweighed by
the public interest in nondisclosure. There are 30 general
categories of documents or information that are exempt from
disclosure, essentially due to the character of the information.
The Act allows a member of the public to sue to enforce the law
and provides that a prevailing plaintiff can recover attorney
fees and costs of bringing the suit.
Prior/Related Legislation
SB 399 (Hall, 2015) would have required 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. (Gutted and
amended in the Assembly)
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 inspections during normal business hours.
(Pending in Assembly Governmental Organization Committee)
AB 2720 (Ting, Chapter 510, Statutes of 2014) required a state
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body to publicly report any action taken and the vote or
abstention on that action of each member present for the action.
FISCAL EFFECT: Appropriation: No Fiscal
Com.: Yes Local: No
SUPPORT:
None received
OPPOSITION:
None received