BILL ANALYSIS                                                                                                                                                                                                    �



                                                                      



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          |SENATE RULES COMMITTEE            |                  AB 2526|
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                                    CONSENT


          Bill No:  AB 2526
          Author:   Hall (D)
          Amended:  As introduced
          Vote:     21

           
           SENATE GOVERNMENTAL ORGANIZATION COMM.  :  13-0, 6/12/12
          AYES:  Wright, Anderson, Berryhill, Calderon, Cannella, 
            Corbett, De Le�n, Evans, Hernandez, Padilla, Walters, 
            Wyland, Yee
           
          SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  73-0, 5/10/12 (Consent) - See last page 
            for vote


           SUBJECT  :    Gambling Control Act

           SOURCE  :     Author


           DIGEST  :    This bill changes several definitions within the 
          Gambling Control Act.  Specifically, it (1) revises 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, (2) adds surveillance 
          managers and supervisors to the definition of "key 
          employee" for licensing purposes, and (3) deletes the term 
          "pit boss" and replaces the term "shift boss" to "shift 
          manager." 

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           ANALYSIS  :    

          Existing law: 

          1. Existing law, 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 
             California Gambling Control Commission (CGCC). 

          2. Provides for the enforcement of those gambling 
             activities by the Department of Justice (DOJ). 

          3. Makes it a crime for specified persons to fail to apply 
             for and obtain from CGCC, and to thereafter maintain, a 
             valid key employee license. 

          4. 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, without 
             limitation, pit bosses, shift bosses, credit executives, 
             cashier operations supervisors, gambling operation 
             managers and assistant managers, managers or supervisors 
             of security employees, or any other natural person 
             designated as a key employee by DOJ for reasons 
             consistent with the policies of the Act. 

           Comments  

           Purpose of the bill  .  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 CGCC 
          the authority to license those persons that have control 
          over gambling operations in card clubs, and, further, the 
          state and local governments regulate gambling, not the card 
          clubs.

          This bill also deletes the term "pit bosses" and "shift 
          bosses" from the definition of key employee and replaces it 
          with "shift managers."  The terms "pit bosses" and "shift 
          bosses" are terms generally used in Nevada casinos, not in 

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          card clubs, which use the term "shift managers."  

          Finally, this bill includes surveillance managers or 
          supervisors in the definition of key employee.  These are 
          persons who play a key role in the security, oversight, and 
          in some cases, investigations of card club activities.  

           Related Legislation

           AB 293 (Mendoza, Chapter 233, Statutes of  2009), among 
          other things, allows a limited liability corporation (LLC) 
          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 Commission 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, 2007-08 Session) would have added to the 
          definition of  "license" any other license issued by the 
          Commission pursuant to the Gambling Control Act or by a 
          regulation adopted pursuant to that Act.  The bill was held 
          in the Assembly Rules Committee.

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

          AB 1753 (Assembly Governmental Organization Committee, 
          Chapter 546, Statutes of 2005) deletes the residency 
          requirement for key employees of California card rooms.  
          Revises 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 Gambling 
          Control Act, which provided for DOJ to investigate and 
          enforce controlled gambling in the state.  It also 

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          established the Commission and empowered it to regulate 
          gambling in this state to issue, suspend, or revoke 
          gambling licenses.

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



           ASSEMBLY FLOOR  :  73-0, 5/10/12
          AYES:  Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, 
            Bill Berryhill, Block, Blumenfield, Bonilla, Bradford, 
            Brownley, Buchanan, Butler, Charles Calderon, Campos, 
            Carter, Cedillo, Chesbro, Conway, Davis, Dickinson, 
            Donnelly, Eng, Feuer, Fong, Fuentes, Beth Gaines, 
            Galgiani, Garrick, Gatto, Gordon, Gorell, Grove, Hagman, 
            Halderman, Hall, Harkey, Hayashi, Roger Hern�ndez, Hill, 
            Huber, Hueso, Huffman, Jones, Knight, Lara, Logue, Bonnie 
            Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell, 
            Monning, Morrell, Nestande, Nielsen, Pan, Perea, 
            Portantino, Silva, Skinner, Smyth, Solorio, Swanson, 
            Torres, Valadao, Wagner, Wieckowski, Williams, Yamada, 
            John A. P�rez
          NO VOTE RECORDED:  Cook, Fletcher, Furutani, Jeffries, 
            Norby, Olsen, V. Manuel P�rez


          DLW:mw  6/25/12   Senate Floor Analyses 

                       SUPPORT/OPPOSITION:  NONE RECEIVED

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