BILL ANALYSIS Ó
AB 2218
Page 1
ASSEMBLY THIRD READING
AB
2218 (Burke)
As Introduced February 18, 2016
Majority vote
------------------------------------------------------------------
|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Governmental |17-0 |Gray, Bigelow, Bonta, | |
|Organization | |Cooley, Cooper, Daly, | |
| | |Gallagher, Eduardo | |
| | |Garcia, Gipson, | |
| | | | |
| | | | |
| | |Jones-Sawyer, Levine, | |
| | |Linder, Maienschein, | |
| | |Salas, Steinorth, | |
| | |Waldron, Wilk | |
| | | | |
| | | | |
------------------------------------------------------------------
SUMMARY: Extends from 45 to 60 days the time after receipt of
an order by the Gambling Control Commission (CGCC) within which
a person must apply for a gambling license or a finding of
suitability.
AB 2218
Page 2
EXISTING LAW:
1)The Gambling Control Act (Act) provides for the licensure of
certain individuals and establishments involved in various
gambling activities, and for the regulation of those
activities, by the CGCC.
2)Requires every person who is required to hold a state license
to obtain the license prior to engaging in the activity or
occupying the position with respect to which the license is
required, except as specified.
3)Requires every person who, by order of the CGCC, is required
to apply for a gambling license or a finding of suitability to
file an application within 45 calendar days after receipt of
the order.
FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS:
Background: The Act provides the CGCC with jurisdiction over
the operation of gambling establishments in California. 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
AB 2218
Page 3
interest of this state. The Department of Justice
Bureau of Gambling Control (DOJ or Bureau) conducts background
and field investigations and enforces the provisions of the Act
in this regard.
Purpose of the bill: According to the author, current law
authorizes the CGCC to require various employees of a card club
or persons holding an interest in a card club to come forward
for licensing. When the CGCC calls an individual forward to
apply for a gaming license, that individual must file an
application for licensing, including all of the background
(including financial and other) information within 45 days.
By extending the timeline to 60 days, this bill allows
individuals subject to licensing additional time to put together
the most comprehensive document package possible, and ensures
that the CGCC receives the most complete information from an
applicant up front, which will assist the CGCC and Bureau in
performing the necessary and thorough background investigations
in as timely a fashion.
Prior/Related Legislation: SB 472 (Hill), Chapter 760, Statutes
of 2013. Requires every person who, by order of the commission,
is required to apply for a gambling license or a finding of
suitability to file an application within 45 calendar days after
receipt of the order.
AB 777 (Hall) of 2011-2012. Would have required every person
who is required to hold a state gaming license to obtain the
license before engaging in the activity or occupying the
position with respect to which the license is required. AB 777
died in the Assembly Governmental Organization Committee.
AB 2218
Page 4
AB 2526 (Hall) of 2012. Would have changed several definitions
within the Act, e.g., revised the definition of a "key employee"
to any person employed in the operation of a gambling enterprise
in a supervisory capacity or empowered to make discretionary
decisions with regard to the gambling operations, and added
surveillance managers and supervisors to the definition of "key
employee" for licensing purposes, etc. AB 2526 died on the
Senate Inactive File.)
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.
Analysis Prepared by:
Kenton Stanhope / G.O. / (916) 319-2531 FN: 0002716