Bill Text: CA SB162 | 2011-2012 | Regular Session | Amended

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

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Bill Title: Economic development: federally recognized Indian tribes.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Engrossed - Dead) 2012-06-21 - Set, second hearing. Hearing canceled at the request of author. [SB162 Detail]

Download: California-2011-SB162-Amended.html

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BILL NUMBER: SB 162	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 25, 2011
	AMENDED IN SENATE  MARCH 29, 2011

INTRODUCED BY   Senator Anderson

                        FEBRUARY 2, 2011

   An act to amend Section 19817 of, and to add Sections 19933 and
19934 to, the Business and Professions Code, relating to gaming.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 162, as amended, Anderson. California Gambling Control
Commission: Gaming Policy Advisory Committee.
   (1) Existing law establishes the California Gambling Control
Commission and requires the commission to establish a 10-member
Gaming Policy Advisory Committee composed of representatives of
controlled gambling licensees and members of the general public in
equal numbers. Existing law requires the executive director of the
commission to convene this advisory committee, from time to time, for
the purpose of discussing recommended controlled gambling regulatory
policy. Existing law grants the Attorney General the authority to
structure the Department of Justice, pursuant to which the Bureau of
Gambling Control was created within the department.
   This bill would delete the requirement that the committee be
composed of 10 members and would require that at least 3 members of
the committee be members of the general public. The bill would
require the advisory committee to meet at least twice a year and
would require the commission and the Department of Justice to consult
with the committee on recommended proposed regulations and would
require the committee to present its recommendations to the
Department of Justice.
   (2) Existing law requires the Department of Justice to make
appropriate investigations whether there has been any violation of
the Gambling Control Act or any regulations adopted under the act and
authorizes the department to take action to suspend a license or
permit.
   This bill would require a notice of violation from the department
regarding a noncriminal violation of the Gambling Control Act to be
filed on or before 12 months after the violation occurs. The bill
would also prohibit  a gambling establishment, its owners, or
employees from being liable for a violation of the act by a
3rd-party provider of propositional player services or an employee of
that 3rd party   the commission from commencing an
action against a gambling establishment, its owners, or its employees
for a violation of the act committed independently by a 3rd-party
provider of proposition player services or its employees  .
   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 19817 of the Business and Professions Code is
amended to read:
   19817.  The commission shall establish and appoint a Gaming Policy
Advisory Committee. The committee shall be composed of
representatives of controlled gambling licensees and at least three
members of the general public. The executive director shall, from
time to time, convene the committee for the purpose of discussing
matters of controlled gambling regulatory policy and any other
relevant gambling-related issue, provided that the committee shall
meet at least twice a year. The commission and the department shall
consult with the committee on proposed regulations. The
recommendations concerning gambling policy and proposed regulations
made by the committee shall be presented to the commission and the
department, but shall be deemed advisory and not binding on the
commission and the department in the performance of their respective
duties or functions. The committee shall not advise the commission on
Indian gaming.
  SEC. 2.  Section 19933 is added to the Business and Professions
Code, to read:
   19933.  A notice of violation from the department regarding a
noncriminal violation of this chapter or any regulations promulgated
pursuant to it shall be filed on or before 12 months after the
violation occurs.
  SEC. 3.  Section 19934 is added to the Business and Professions
Code, to read: 
   19934.  A gambling establishment, its owners, or employees shall
not be liable for a violation of this chapter or any regulations
promulgated pursuant to it by a third-party provider of propositional
player services or an employee of that third party. The third-party
provider of propositional player services shall be responsible for
complying with this chapter and the appropriate supervision of its
employees. 
    19934.   The commission shall not commence an action
against a gambling establishment, its owners, or its employees for a
violation of this chapter committed independently by a third-party
provider of proposition player services or an agent or employee of
the provider.