Inventory of the Gambling Control Commission Records

Processed by Kim Mitchell

California State Archives

1020 "O" Street

Sacramento, California 95814

Phone: (916) 653-2246

Fax: (916) 653-7363

Email: ArchivesWeb@sos.ca.gov

URL: http://www.sos.ca.gov/archives/

Inventory of the State Civil Service Commission Records

Collection number: R402

California State Archives

Office of the Secretary of State

Sacramento, California

Processed by:: Kim Mitchell
Date Completed:: June 2015
Encoded by:: Veronica Lara

Descriptive Summary

Title: Gambling Control Commission Records

Dates: 2000-2006

Collection number: R402

Creator: Gambling Control Commission

Collection Size: 8.5 cubic feet of textual records

Repository: California State Archives

Sacramento, California

Abstract: Chapter 867 ( Statutes of 1997, Chapter 867), commonly known as the Gambling Control Act, abolished the Gambling Control Board (within the Department of Justice, Division of Gambling Control) and created the California Gambling Control Commission (GCC) under the executive branch, effective January 1, 1999. The records of the GCC consist of 8.5 cubic feet of textual records reflecting the agency’s administration of California’s gambling industry. The records are dated from 2000 to 2006, and include two record series, Meeting File and Subject Files.

Physical location: California State Archives

Languages: Languages represented in the collection: English

Administrative Information

Access

While the majority of the records are open for research, any access restrictions are noted in the record series descriptions.

Publication Rights

For permission to reproduce or publish, please contact the California State Archives. Permission for reproduction or publication is given on behalf of the California State Archives as the owner of the physical items. The researcher assumes all responsibility for possible infringement which may arise from reproduction or publication of materials from the California State Archives collections.

Preferred Citation

[Identification of item], Gambling Control Commission Records, R402.[series number], [box and folder number], California State Archives, Office of the Secretary of State, Sacramento, California.

Acquisition and Custodial History

The California State Archives acquired the Gambling Control Commission Records through a series of agency transfers according to state law.

Administrative History

Chapter 867 ( Statutes of 1997, Chapter 867), commonly known as the Gambling Control Act, abolished the Gambling Control Board (within the Department of Justice, Division of Gambling Control) and created the California Gambling Control Commission (GCC) under the executive branch, effective January 1, 1999. In addition to taking over the Board’s regulatory and licensing oversight of all gaming establishments in the state, the Commission was also given authority over all operations and employment related to these establishments. The five Commission members were to be appointed by the Governor, subject to Senate confirmation, and were to serve terms of four years.

In October 1999, AB1385 ( Statutes of 1999, Chapter 874), the Indian Gaming Revenue Sharing Trust Fund was created within the State Treasury for the “deposit of moneys derived from gaming device license fees that are paid into the fund pursuant to the terms of tribal-state gaming compacts for the purpose of making distributions to non-compact tribes.” There was also created the Indian Gaming Special Distribution Fund (formalized by Executive Order D-66-03 in January 2003), the primary purpose of which was to compensate for any shortfalls in the Trust Fund.

In March 2000, voters approved Proposition 1A, an amendment to the California Constitution. This proposition permitted Californians to engage in Class III (“Nevada style”) gambling on Indian lands so long as the tribe has an authorized Tribal-State Gaming Compact. Executive Orders D-29-01 and D-31-01 (March 2001) conferred authority on the Commission to oversee the collection and distribution of the Indian Gaming Revenue Sharing Trust Fund. The Division of Gambling Control (Department of Justice) was imbued with the responsibility of ensuring that tribal gaming businesses are compliant with the compact.

By 2003, the Commission had become the designated Trustee for the Revenue Sharing Trust Fund and the Administrator for the Special Distribution Fund while maintaining their existing responsibilities for licensing of employees and businesses as well as providing oversight to operations. The Commission works closely with the Bureau of Gambling Control (Department of Justice), the state law enforcement authority with special jurisdiction over gambling activities within the State.

The Commission has maintained a fairly stable structure with the organization generally divided into areas of support/administration, legislation/regulation, licensing, and legal/compliance. The Commission also established, by mandate, the Gaming Policy Advisory Committee, comprised of ten members, who meet to discuss relevant regulatory policy and make recommendations to the Commission.

Scope and Content

The records of the Gambling Control Commission (GCC) consist of 8.5 cubic feet of textual records reflecting the agency’s administration of California’s gambling industry. The records are dated from 2000 to 2006, and include two record series.

The Meeting Files (2000-2006) make up the bulk of the collection and document the Commission’s work during its first years, both before and after it gained responsibility for oversight of tribal-state gaming compacts. Regulatory topics revolve around the authority and powers of the Commission; definitions and eligibility criteria for equipment, procedures, and personnel; and distribution of funds to tribes. There is a gap in the records from September 2004 to January 2006; the files are otherwise largely complete through December 2006. A full list of meeting dates can be found in Appendix A.

The Subject Files (2001-2002) contain only two files, both of which pertain to the distribution of moneys from the two Indian Gaming Funds that the Commission manages.

Note to the researcher: As of this writing (June 2015), agendas and minutes for every Commission meeting from the time period 2000-2006 is available on their website.

Accruals

Further accruals are expected.

Indexing Terms

The following terms have been used to index the description of this collection in the library's online public access catalog.

Indian gambling

Gambling

Casinos

Licenses - California

R402.001, Box 1/1-Box 2/17 (open) and Box 2/18 – Box 9/11 (closed)

Series 1 Meeting Files 2000-2004

Physical Description: 311 file folders

Access Information

This series contains 176 files which are restricted under the California Public Records Act, Government Code section 7923.600-7923.625, formerly section 6254 (f), background investigations. Twenty-eight additional files are restricted under Government Code section 7927.705, formerly section 6254 (k), attorney-client privilege, and one additional file is restricted under Government Code section 7929.000, formerly section 6254 (d), reports of business operations.

Arrangement

Arranged into two subseries with Public (Open) Meeting Files first, followed by Closed (Restricted) Meeting Files. Each subseries is arranged chronologically by date of meeting.

Scope and Content Note

A primary purpose of the Commission meetings was to approve or deny license applications. The Commission’s determination was based, in part, on the recommendation of the Division of Gambling Control (Department of Justice), who conducted intensive background investigations on individuals and businesses; these investigation reports make up the bulk of the Meeting Files; however, they are exempt from disclosure. The series is arranged as follows: the public (or “open”) folders are in chronological order by meeting date. The series then starts over chronologically with the restricted (or “closed”) materials. Where a single meeting contains records restricted under multiple different exemptions, these are separated into different folders. For example, records restricted under Government Code section 7923.600-7923.625 would be in a different folder than records restricted under section 7927.705.

The types of records contained in the Meeting Files include background investigations, correspondence, reports, agendas, minutes, draft and final policies, notes, and memoranda. Significant topics include: methods of distributing funds to compact and non-compact tribes; “net win;” regulations and procedures involving surveillance, non-compliance, emergency evacuation plans, and equipment standards; approval, denial, and determinations of various types of license related to personnel, contractors, and equipment; procedures for the “license draw;” problem gambling; and the Gambling Patrons’ Bill of Rights.

This series documents the meetings of the Commission from the start of operations in November 2000 through December 2006. Records of meetings are entirely missing for the time period of September 2004 – January 2006.

See Appendix A for a full list of meeting dates from 2000-2006.

Additional Series Information

Appendix A: List of Meeting Dates

R402.002, Box 9/12-13

Series 2 Subject Files 2001-2002

Physical Description: 2 file folders

Access Information

This series contains one file which is restricted under the California Public Records Act, Government Code section 7927.705 (formerly section 6254 (k)), attorney-client privilege.

Arrangement

Arranged alphabetically by subject heading.

Scope and Content Note

The series contains two files. The first is a California Attorney General Opinion regarding the Indian Gaming Special Distribution Trust Fund and is restricted. The second file is the Commission’s first mandated report to the Legislature, titled “Distribution of Funds from Indian Gaming Revenue Sharing Trust Fund.”