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 ----------------------------------------------------------------- |Author: |Gipson | |-----------+-----------------------------------------------------| |Version: |2/27/2015 Introduced | ----------------------------------------------------------------- ------------------------------------------------------------------ |Urgency: |No |Fiscal: |Yes | ------------------------------------------------------------------ ----------------------------------------------------------------- |Consultant:|Felipe Lopez | | | | ----------------------------------------------------------------- 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