BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 829
                                                                  Page  1

          Date of Hearing:   August 19, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

            SB 829 (Committee on Governmental Organization) - As Amended:   
                                   June 30, 2009 

          Policy Committee:                              Governmental  
          Organization Vote:                            17 - 0 

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill allows the Gambling Control Commission (GCC) executive  
          director and commission members to administer oaths and certify  
          official acts in connection with the GCC.

           FISCAL EFFECT  

          Negligible.

           COMMENTS  

           Purpose  . According to the author, this bill is necessary to  
          clarify and codify the duties and powers of the executive  
          director and members of the California Gambling Control  
          Commission so they can administer their daily duties, without  
          ambiguity.    

          The GCC Executive Director and Commissioners currently  
          administer oaths, but there was no clear, unambiguous authority  
          in the Gambling Control Act for them to do so.  This authority  
          was provided to the Department of Justice in the Gambling  
          Control Act, but appears to have been inadvertently left out of  
          the Gambling Control Act for the GCC because they were not in  
          existence at the time of its passage.  

          Government Code section 1225 provides that every executive  
          officer may administer and certify oaths, but it does not  
          specifically address the commission.  The GCC contends that they  
          need clear authority to avoid any potential challenges related  
          to their authority to administer oaths.  According to GCC, every  








                                                                  SB 829
                                                                  Page  2

          other board, commission and department has this clear authority.


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