BILL NUMBER: AB 2524 ENROLLED
BILL TEXT
PASSED THE SENATE JUNE 26, 2008
PASSED THE ASSEMBLY MAY 15, 2008
INTRODUCED BY Assembly Member Benoit
FEBRUARY 21, 2008
An act to add Section 1042 to the Government Code, relating to
gambling.
LEGISLATIVE COUNSEL'S DIGEST
AB 2524, Benoit. California Gambling Control Commission:
employees: fingerprints.
The Gambling Control Act provides for the licensure of certain
individuals and establishments involved in various gambling
activities, and for the regulation of those activities, by the
California Gambling Control Commission. Existing law authorizes the
commission to take actions to ensure that no ineligible,
disqualified, or unsuitable persons are associated with controlled
gambling activities.
This bill would authorize the commission to require fingerprint
images and associated information from a prospective employee if the
employee's duties include, or would include, access to specified
information or accountable items. It would provide that the
commission shall require that any services contract include a
provision requiring the contractor to agree to permit the commission
to require fingerprint images and associated information from the
contractor's employees, contractors, agents, or subcontractors, whose
duties include, or would include, access to that information or
those accountable items. The bill would allow the submission of these
fingerprints to obtain specified criminal history information, and
would authorize the executive director of the commission to
investigate the criminal history of persons applying for employment
and prospective service contractors and their agents, subcontractors,
or employees, in order to make a final determination of a person's
fitness to perform duties that would include access to that
information or those accountable items. The bill would prohibit a
person who would be disqualified from holding a state gambling
license from being selected, appointed, or hired in a position that
would include any duties involving access to that information or
those accountable items.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1042 is added to the Government Code, to read:
1042. (a) (1) The California Gambling Control Commission may
require fingerprint images and associated information from a
prospective employee if the employee's duties include, or would
include, access to any of the following:
(A) Information that is required to be kept confidential under the
Gambling Control Act (Chapter 5 (commencing with Section 19800) of
Division 8 of the Business and Professions Code) or any tribal-state
gaming compact, including, but not limited to, applications for
licenses or findings of suitability, and information provided by or
received from a tribe in connection with a tribal-state gaming
compact.
(B) Access to state summary criminal history information, as
defined in Section 11105 of the Penal Code, whether in full or in
summary.
(C) Access to cash, checks, or other accountable items.
(2) The commission shall require that any services contract that
is entered into, renewed, or amended on or after January 1, 2009,
include a provision requiring the contractor to agree to permit the
commission to require fingerprint images and associated information
from the contractor's employees, contractors, agents, or
subcontractors, whose duties include, or would include, access to
information and accountable items under paragraph (1) as part of a
contract with the commission, in order for the commission to request
criminal background checks on those individuals.
(b) The fingerprint images and associated information of a
prospective employee, contractor, agent, subcontractor, or employee
of a contractor of the California Gambling Control Commission whose
duties include, or would include, access to the information or
accountable items specified under paragraph (1) of subdivision (a),
or any person who assumes duties that include access to that
information or those accountable items, may be furnished to the
Department of Justice for the purpose of obtaining information as to
the existence and nature of a record of state or federal level
convictions and state or federal level arrests for which the
Department of Justice establishes that the applicant was released on
bail or on his or her own recognizance pending trial. Requests for
federal level criminal offender record information received by the
Department of Justice pursuant to this section shall be forwarded to
the Federal Bureau of Investigation by the Department of Justice.
(c) The Department of Justice shall respond to the California
Gambling Control Commission with information as provided under
subdivision (p) of Section 11105 of the Penal Code.
(d) The California Gambling Control Commission shall request
subsequent arrest notification from the Department of Justice, as
provided under Section 11105.2 of the Penal Code, for individuals
described in subdivision (a) hired on or after January 1, 2009.
(e) The Department of Justice may assess a fee sufficient to cover
the processing costs required under this section, as authorized
pursuant to subdivision (e) of Section 11105 of the Penal Code.
(f) This section does not apply to an employee of the California
Gambling Control Commission whose appointment occurred prior to
January 1, 2009.
(g) The executive director of the California Gambling Control
Commission may investigate the criminal history of persons applying
for employment and prospective service contractors and their agents,
subcontractors, or employees, in order to make a final determination
of a person's fitness to perform duties that would include access to
any information or accountable items specified under paragraph (1) of
subdivision (a). Under no circumstances shall a person who would be
disqualified from holding a state gambling license pursuant to
subdivisions (c) to (f), inclusive, of Section 19859 of the Business
and Professions Code be selected, appointed, or hired in a position
that would include any duties involving access to information or
accountable items specified under paragraph (1) of subdivision (a).