BILL ANALYSIS                                                                                                                                                                                                    Ó



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

          Bill No:           SB 692           Hearing Date:    4/14/2015
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          |Author:    |Vidak                                                |
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          |Version:   |2/27/2015                                            |
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          |Urgency:   |No                     |Fiscal:      |Yes             |
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          |Consultant:|Felipe Lopez                                         |
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          SUBJECT: Gambling:  California Gambling Control Commission


            DIGEST:    This bill prohibits a member of the California  
          Gambling Control Commission (CGCC), the executive director, the  
          chief, and any employee of the CGCC or Department of Justice  
          (DOJ) designated by regulation, for a period of 2 years after  
          leaving office or terminating employment, from being employed as  
          a consultant or key employee of a gambling establishment. 

          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 CGCC and the  
            investigation and enforcement of those activities and  
            establishments by DOJ.

          2)Specifies qualifications for eligibility as a member of the  
            CGCC and provides that a person is ineligible for appointment  
            if, within 2 year prior to appointment, the person was  
            employed by, retained by, or derived substantial income from,  
            a gambling establishment. 

          3)Prohibits a member of the CGCC, the executive director, the  
            chief, and any employee of the CGCC or the department  
            designated by regulation, for a period of 3 years after  







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            leaving office or terminating employment, for compensation,  
            from acting as agent or attorney for any other person before  
            the CGCC or the DOJ, if the appearance or communication is for  
            the purpose of influencing administrative actions, as  
            specified. 

          4)Defines a "key employee" as a 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, gambling operation managers and assistant  
            managers, or any other natural person designated as a key  
            employee by the DOJ for reasons consistent with the policies  
            of the Act. 

          This bill prohibits a member of the CGCC, the executive  
          director, the chief, and any employee of the CGCC or the DOJ  
          designated by regulation, for a period of 2 years after leaving  
          office or terminating employment, from being employed as a  
          consultant or key employee of a gambling establishment.

          Background

          Purpose of the bill:  According to the author, while there are  
          regulations in place to stop the revolving door for past members  
          and employees to not directly lobby the Bureau of Gambling  
          Control (Bureau) and the CGCC, there is no revolving door  
          prohibition on members and employees who go to work as  
          consultants or key employees of a gambling establishment.  The  
          author further contends that over the years, former Bureau  
          employees have resigned and immediately started consulting with  
          tribal casinos and cardrooms which has led to at least one  
          recent conflict of interest case currently being presented by  
          the Attorney General. 

          Attorney General's Accusation:  On December 23, 2014, the  
          Attorney General's Office filed an accusation against Bob Lytle,  
          former director of the Division of Gambling Control from 2002  
          until his retirement in 2007.  In the accusation, the state  
          alleges that Lytle began negotiating a new job with a cardroom  
          in San Jose while he was still in charge of cardroom regulation.  
           Lytle retired from the Division of Gambling Control on December  
          30, 2007 and began working as a consultant for a card room in  
          San Jose, on December 31 of that same year.  









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          The accusation also alleges that Lytle began working as a  
          representative of the card room, and contacted both the Bureau  
          and the commission many times on behalf of his client.  

          Additionally, the accusation also states that between 2012 and  
          2013, Lytle asked for and obtained confidential information from  
          the Bureau's special agent in charge.  Furthermore, the state  
          alleges that the two exchanged over 180 phone calls as well as  
          text messages and emails. 

          The accusation, which could result in the loss of three separate  
          licenses Lytle has been issued from the state, will be heard  
          before an administrative law judge at a hearing scheduled for  
          October of this year. 

          Gambling regulation/enforcement in California:  The Gambling  
          Control Act created a comprehensive scheme for statewide  
          regulation of legal gambling under a bifurcated system of  
          administration involving the Bureau within the Attorney  
          General's Office and the five-member CGCC by the Governor.  The  
          CGCC is authorized to establish minimum regulatory standards for  
          the gambling industry and to ensure that the state gambling  
          licenses are not issues to or held by unsuitable or unqualified  
          individuals. 

          The Bureau monitors the conduct of gaming operations to ensure  
          compliance with state gambling laws and conducts extensive  
          background investigations of applicants seeking a state gambling  
          license. The Bureau also conducts background checks for all key  
          employees and state gambling license and vendor applications.  

          The Bureau inspects premises where gambling is conducted,  
          examines gambling equipment, audits papers, books, and records  
          of the gambling establishment, investigates suspected violations  
          of gambling laws, and is ultimately responsible for enforcing  
          compliance with all state laws pertaining to gambling. 

          Prior/Related Legislation

          AB 2526 (Hall), 2011-2012 Legislative Session.  The bill would  
          have revised several definitions within the Act.  Specifically  
          the bill 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  








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          the inactive file on the Senate Floor)

          SB 730 (Florez), Chapter 438, Statutes of 2007.  The bill 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.  The bill 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.  The bill  
          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 and to issue, suspend, or revoke gambling  
          licenses.

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


            SUPPORT:  

          Artichoke Joe's Casino
          Communities for California Cardrooms

          OPPOSITION:

          None received

          ARGUMENTS IN SUPPORT:    According to Artichoke Joe's Casino,  
          the "cooling-off" requirements proposed under this bill are  
          similar to laws imposed on other key California policy-makers in  
          order to avoid conflicts of interest.  Therefore, it seems  
          appropriate that the CGCC, which oversees the highly regulated  
          gaming industry, should have the same "cooling-off" period  
          imposed on its commissioners and key employees. 

          Communities for California Cardrooms (CCC) states that  
          protecting the decision making process is critical in gaming  
          regulation because of the broad discretionary authority given to  
          regulators.  CCC further argues that regardless of context,  
          regulators should garner facts and weigh factors without  








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          unethical influences before exercising discretion and that  
          regulatory systems need to properly safeguard against  
          dishonesty, and self-dealing.