BILL ANALYSIS Ó
SB 1313
Page 1
SENATE THIRD READING
SB
1313 (Hall)
As Introduced February 19, 2016
Majority vote
SENATE VOTE: 37-0
------------------------------------------------------------------
|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Governmental |17-0 |Gray, Bigelow, Bonta, | |
|Organization | |Cooley, Cooper, Daly, | |
| | |Gallagher, Cristina | |
| | |Garcia, | |
| | | | |
| | | | |
| | |Eduardo Garcia, | |
| | |Gipson, | |
| | | | |
| | | | |
| | |Jones-Sawyer, Levine, | |
| | |Linder, Salas, | |
| | |Steinorth, Waldron, | |
| | |Wilk | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |19-0 |Gonzalez, Bigelow, | |
SB 1313
Page 2
| | |Bloom, Bonilla, | |
| | |Bonta, Calderon, | |
| | |Daly, Eggman, | |
| | |Gallagher, | |
| | | | |
| | | | |
| | |Eduardo Garcia, | |
| | |Holden, Jones, | |
| | |Obernolte, Quirk, | |
| | |Santiago, Wagner, | |
| | |Weber, Wood, Chu | |
| | | | |
| | | | |
------------------------------------------------------------------
SUMMARY: 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.
EXISTING LAW:
1)Provides, under the Gambling Control Act (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
SB 1313
Page 3
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.
FISCAL EFFECT: According to the Assembly Appropriations
Committee, this bill will incur no additional state costs.
COMMENTS:
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."
Background: The Act provides the CGCC with jurisdiction over
the operation of gambling establishments in California. The Act
assigns the CGCC the responsibility of assuring that gambling
SB 1313
Page 4
licenses are not issued to, or held by, unqualified or
disqualified persons, or by persons whose operations are
conducted in a manner that is harmful to the public health,
safety, or welfare. The Act directs the CGCC to issue licenses
only to those persons of good character, honesty and integrity,
whose prior activities, criminal record, if any; reputation,
habits and associations do not pose a threat to the public
interest of this state.
The Bureau of Gambling Control (Bureau) 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
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.
Analysis Prepared by:
Kenton Stanhope / G.O. / (916) 319-2531 FN: 0004214
SB 1313
Page 5