BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 813
                                                                  Page  1

          Date of Hearing:   May 13, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                      AB 813 (Hall) - As Amended:  May 5, 2009 

          Policy Committee:                              Governmental  
          Organization Vote:                            16 - 0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill amends the Gambling Control Act to require the  
          Department of Justice (DOJ) to only examine documents requested  
          in a routine audit at a gambling establishment between the  
          normal business hours of 8:00 a.m. and 6:00 p.m. within a  
          five-day workweek schedule. 

           FISCAL EFFECT  

          There are no significant costs associated with this legislation.  


           COMMENTS  

           1)Purpose  .  Under existing law, investigators for the Bureau of  
            Gambling Control have the ability to go into a gambling  
            establishment at any hour to copy and examine the books and  
            records of a gambling establishment (card club).  According to  
            the author, there have been instances where investigators have  
            requested business records in the early hours of the morning,  
            when there is no one available to provide the requested  
            records. The intent of this bill is to limit the Attorney  
            General's Office's ability to request and examine documents  
            during a routine audit to the normal business hours of 8:00  
            a.m. to 6:00 p.m.

           2)Current Law  .  Existing law requires the licensure and  
            regulation of various legalized gambling activities and  
            establishments by the California Gambling Control Commission  
            (CGCC) and the investigation and discipline of those  
            activities and establishments by the DOJ's Division of  








                                                                  AB 813
                                                                  Page  2

            Gambling Control. In addition, the law requires DOJ to seize,  
            remove, impound, photocopy, and audit any equipment, supplies,  
            documents, papers, books, and records on the premises of a  
            licensed gambling establishment for examination and  
            inspection.

          3)California Card Clubs  . The California Constitution prohibits  
            the play of house-banked games in gambling establishments in  
            California, except in Indian casinos on Indian lands. As such,  
            players in California card clubs do not wager bets against the  
            gambling establishment (the house), rather place wagers  
            against other players. Gambling establishments are authorized  
            to assess player fees based on the amount of each patron's  
            wager. There are currently 91 licensed card clubs in the  
            state. 

           Analysis Prepared by  :    Julie Salley-Gray / APPR. / (916)  
          319-2081