Bill Text: CA SB1125 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Gambling Control Act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2010-09-29 - In Senate. To unfinished business. (Veto) [SB1125 Detail]

Download: California-2009-SB1125-Amended.html

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BILL NUMBER: SB 1125	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 16, 2010
	AMENDED IN ASSEMBLY  AUGUST 2, 2010
	AMENDED IN ASSEMBLY  JUNE 28, 2010
	AMENDED IN ASSEMBLY  JUNE 22, 2010
	AMENDED IN SENATE  MAY 27, 2010
	AMENDED IN SENATE  APRIL 20, 2010
	AMENDED IN SENATE  MARCH 22, 2010

INTRODUCED BY   Senator Florez

                        FEBRUARY 18, 2010

   An act  to amend Section 19867 of, and  to add
Sections 19843.5 and 19943.5  to,   to  the
Business and Professions Code, relating to gaming.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1125, as amended, Florez. Gambling Control Act.
   (1) The Gambling Control Act provides for the licensure of certain
individuals and establishments involved in various gambling
activities, and for the regulation of those activities, by the
California Gambling Control Commission. Existing law provides for the
enforcement of those activities by the Department of 
Justice. Existing law requires that an application for a license or a
determination of suitability be accompanied by a deposit that, in
the judgment of the head of the entity within the Department of
Justice that is responsible for fulfilling the obligations imposed by
the act, will be adequate to pay the anticipated costs and charges
incurred in the investigation and processing of the application.
Existing law requires the head of that entity to adopt a schedule of
costs and charges of investigation for use as guidelines in fixing
the amount of any required deposit under these provisions. 

   This bill would require the department to establish an enhanced
fee schedule to provide for additional fees to be charged to
applicants who wish to have their applications processed and
background investigations conducted in an expedited manner. 

   (2) Existing 
    Existing   Justice. Existing  law
permits the commission to adopt regulations related to the operation
of a gambling establishment, as provided.
   This bill would provide that jackpot funds, to which players have
made contributions, are  considered trust funds that are
 held for the benefit of the players and are not the
property of the gambling establishment. 
   (3) 
    (2)  Existing law requires the department to approve the
play of any controlled game, including, but not limited to, placing
restrictions and limitations on how a controlled game is played.
   This bill would provide that a gambling establishment that
conducts play of a controlled game that has been approved by the
department, but is later found to be unlawful, has an absolute
defense to any criminal, administrative, or civil action, so long as
the game was being played in the manner approved and during the time
for which it was approved.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 19843.5 is added to the Business and
Professions Code, to read:
   19843.5.  Jackpot funds held by a gambling establishment, to which
players have made contributions, following the deduction of any
administrative fee approved by the bureau, shall be 
considered to be trust funds that are  held for the benefit
of the players. These jackpot funds are not the property of the
gambling establishment, but are held solely for the benefit of the
players. 
  SEC. 2.    Section 19867 of the Business and
Professions Code is amended to read:
   19867.  (a) An application for a license or a determination of
suitability shall be accompanied by the deposit of a sum of money
that, in the judgment of the chief, will be adequate to pay the
anticipated costs and charges incurred in the investigation and
processing of the application. The chief shall adopt a schedule of
costs and charges of investigation for use as guidelines in fixing
the amount of any required deposit under this section. The schedule
shall distinguish between initial and renewal licenses with respect
to costs and charges.
   (b) During an investigation, the chief may require an applicant to
deposit any additional sums as are required by the department to pay
final costs and charges of the investigation.
   (c) Any money received from an applicant in excess of the costs
and charges incurred in the investigation or the processing of the
application shall be refunded pursuant to regulations adopted by the
department. At the conclusion of the investigation, the chief shall
provide the applicant a written, itemized accounting of the costs and
charges thereby incurred.
   (d) The department shall establish an enhanced fee schedule for
applicants who wish to have their applications processed and
background investigations conducted in an expedited manner. The
payment of those enhanced fees shall entitle the applicant to have
their applications processed in a shorter period of time than
normally would be the case. 
   SEC. 3.   SEC. 2.   Section 19943.5 is
added to the Business and Professions Code, to read:
   19943.5.  If a gambling establishment conducts play of a
controlled game that has been approved by the department pursuant to
Section 19826, and the controlled game is subsequently found to be
unlawful, so long as the game was played in the manner approved, the
approval by the department shall be an absolute defense to any
criminal, administrative, or civil action that may be brought,
provided that the game is played during the time for which it was
approved by the department.