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SB-1313 California Gambling Control Commission.(2017-2018)

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Date Published: 02/16/2018 09:00 PM
SB1313:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill
No. 1313

Introduced by Senator Vidak

February 16, 2018

An act to amend Sections 19812 and 19814 of the Business and Professions Code, relating to the California Gambling Control Commission.


LEGISLATIVE COUNSEL'S DIGEST


SB 1313, as introduced, Vidak. California Gambling Control Commission.
The Gambling Control Act provides for the licensure and regulation of various legalized gambling activities and establishments by the California Gambling Control Commission and the investigation and enforcement of those activities and establishments by the Department of Justice. A willful violation of the act is generally punishable as a misdemeanor.
The Gambling Control Act establishes the California Gambling Control Commission and grants the commission jurisdiction and supervision over gambling establishments, as defined, in this state and over all persons or things having to do with the operations of gambling establishments. The California Gambling Control Commission consists of 5 members appointed by the Governor, subject to confirmation by the Senate. Existing law requires each member of the commission to be a citizen of the United States and a resident of this state. Existing law provides that no more than 3 of the 5 members of the commission shall be members of the same political party. Existing law also requires 4 of the 5 members to come from career backgrounds, as specified.
This bill would eliminate the requirement that members have certain career backgrounds. The bill would instead state the intent of the Legislature that the commission be comprised of the most qualified individuals available, preferably no 2 of whom come from the same profession, field, or industry.
Existing law makes a person ineligible for appointment to the commission if, within 2 years prior to appointment, they were employed by, retained by, or derived substantial income from, any gaming establishment, as defined.
This bill would expand this disqualification to include participation in, or a pecuniary interest in, any gaming establishment.
Existing law also requires members of the commission to take an oath of office and to pledge that they do not, nor will they during their term of office, hold any financial interest in or business association with any person, business, or organization holding a gambling license.
This bill would extend this required pledge to include any person, business, or organization engaged in the business of gaming.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 19812 of the Business and Professions Code is amended to read:

19812.
 (a) Each member of the commission shall be a citizen of the United States and a resident of this state.
(b) No Member of the Legislature, no person holding any elective office in state, county, or local government, and no officer or official of any political party is eligible for appointment to the commission.
(c) No more than three of the five members of the commission shall be members of the same political party.
(d) A person is ineligible for appointment to the commission if, within two years prior to appointment, the person, or any partnership or corporation in which the person is a principal, participated in, was employed by, retained by, had any pecuniary interest in, or derived substantial income from, any gambling establishment. For the purposes of this subdivision, “gambling establishment” means one or more rooms wherein any gaming within the meaning of Chapter 10 (commencing with Section 330) of Title 9 of Part 1 of the Penal Code, or any controlled game within the meaning of Section 337j of the Penal Code, is conducted, whether or not the activity occurred in California.

(e)One member of the commission shall be a certified public accountant or a person with experience in banking or finance, one member shall be an attorney and a member of the State Bar of California with regulatory law experience, one member shall have a background in law enforcement and criminal investigation, one member shall have a background in business with at least five years of business experience or alternatively five years of governmental experience, and one member shall be from the public at large.

(e) It is the intent of the Legislature that the commission be comprised of the most qualified individuals available, preferably no two of whom come from the same profession, field, or industry.

SEC. 2.

 Section 19814 of the Business and Professions Code is amended to read:

19814.
 (a) During their terms of office, the members of the commission shall not engage in any other business, vocation, or employment.
(b) Before entering upon the duties of his or her office, the chief and each member of the commission shall subscribe to the constitutional oath of office and, in addition, swear that he or she is not, and during his or her term of office shall not be, pecuniarily interested in, or doing business with, any person, business, or organization holding a gambling license. license or otherwise engaged in the business of gaming.