BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
                              Senator Isadore Hall, III
                                        Chair
                                2015 - 2016  Regular 

          Bill No:           AB 1188          Hearing Date:    7/14/2015
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          |Author:    |Gipson                                               |
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          |Version:   |2/27/2015    Introduced                              |
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          |Urgency:   |No                     |Fiscal:      |Yes             |
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          |Consultant:|Felipe Lopez                                         |
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          SUBJECT: Gambling:  key employee


            DIGEST:    This bill revises the definition of "key employee" to  
          mean any natural person employed in the operation of a gambling  
          enterprise in a supervisory capacity or empowered to make  
          discretionary decisions with regard to gambling operations. 

          ANALYSIS:
          
          Existing law:
          
          1)Provides, under the Gambling Control Act (Act), for the  
            licensure and regulation of various legalized gambling  
            activities and establishments by the California Gambling  
            Control Commission (CGCC) and the investigation and  
            enforcement of those activities and establishments by the  
            Department of Justice (DOJ).

          2)Defines "key employee" as any natural person employed in the  
            operation of a gambling enterprise in a supervisory capacity  
            or empowered to make discretionary decisions that regulate  
            gambling operations, including, among others, pit bosses,  
            shift bosses, credit executive, cashier operations  
            supervisors, gambling operation managers and assistant  
            managers, and managers or supervisors of security employees. 

          3)Makes it a crime for specified persons to fail to apply for  
            and obtain from the CGCC, and to thereafter maintain a valid  







          AB 1188 (Gipson)                                   Page 2 of ?
          
          
            Key Employee License.

          This bill:

          1)Revises the definition of "key employee" to mean any natural  
            person employed in the operation of a gambling enterprise in a  
            supervisory capacity or empowered to make discretionary  
            decisions with regard to gambling operations.

          2)Adds surveillance managers and supervisors to the definition  
            of "key employees" for licensing purposes. 

          3)Deletes the term "pit boss" and replaces the term "shift boss"  
            to "shift managers."

          Background

          Purpose of the bill. According to the author, "this bill revises  
          the definition of key employee as any natural person employed in  
          the operation of a gambling enterprise in a supervisory capacity  
          or empowered to make discretionary decisions with regard to  
          gambling operations.  This change provides the CGCC the  
          authority to license those persons that have control over  
          gambling operations in card clubs."

          Gambling Control Act.  The Act provides the CGCC with  
          jurisdiction over the operation of gambling establishments in  
          California. The Act requires every owner, lessee, or employee of  
          a gambling establishment to obtain and maintain a valid state  
          gambling license.  The Act assigns the CGCC the responsibility  
          of assuring that gambling licenses are not issued to, or held  
          by, unqualified or disqualified persons, or by persons whose  
          operations are conducted in a manner that is harmful to the  
          public health, safety, or welfare.  

          The Act directs the CGCC to issue licenses only to those persons  
          of good character, honesty and integrity, whose prior  
          activities, criminal record, if any, reputation, habits and  
          associations do not pose a threat to the public interest of this  
          state.  The DOJ conducts background and field investigations and  
          enforces the provisions of the Act in this regard.

          Prior/Related Legislation
          
          AB 2526 (Hall, 2012) would have revised several definitions  








          AB 1188 (Gipson)                                   Page 3 of ?
          
          
          within the Act. Specifically the bill would have revised the  
          definition of a "key employee", added surveillance managers and  
          supervisors to the definition of "key employee" for licensing  
          purposes and deleted the term "pit boss" and replaced the term  
          "shift boss" to "shift manager." (Held on the inactive file on  
          the Senate Floor)

          AB 293 (Mendoza, Chapter 233, Statutes of 2009)  allowed limited  
          liability companies (LLCs) and its officers, managers, members,  
          or owners to be eligible for a state gambling license; imposes  
          on all partnerships and LLCs the same licensing requirements  
          that are applicable to limited partnerships and provides that a  
          partnership, instead of being formed under the laws of the state  
          to be eligible for a gambling license must be registered in the  
          state and provide specific supplemental information; and  
          requires the CGCC to develop procedures to allow for the  
          continuous operation of  licensed gambling establishments in  
          cases including the death or incapacity of a licensee.  
                    
          SB 1678 (Florez, 2008)  would have added to the definition of  
          "license" any other license issued by the CGCC pursuant to the  
          Act or by a regulation adopted pursuant to the Act.  Gutted and  
          amended in the Assembly.  (Held in Assembly Rules Committee)

          SB 730 (Florez, Chapter 438, Statutes of 2007) made various  
          changes to the licensing and regulatory processes related to key  
          employees for gambling establishments under the Act.  

          AB 1753 (Governmental Organization Committee, Chapter 546,  
          Statutes of 2005) deleted the residency requirement for key  
          employees of California card rooms and revised the penalties for  
          violations of California's gambling related laws.

          SB 8 (Lockyer, Chapter 867, Statutes of 1997) repealed the  
          Gaming Regulation Act, and instead enacted the Act, which  
          provided for DOJ to investigate and enforce controlled gambling  
          in the state.  It also establishes the CGCC to regulate gambling  
          in this state to issue, suspend, or revoke gambling licenses.

          FISCAL EFFECT:                 Appropriation:  No    Fiscal  
          Com.:             Yes          Local:          No


            SUPPORT:  









          AB 1188 (Gipson)                                   Page 4 of ?
          
          
          None received

          OPPOSITION:

          None received