BILL NUMBER: AB 360	CHAPTERED  09/04/03

	CHAPTER  264
	FILED WITH SECRETARY OF STATE  SEPTEMBER 4, 2003
	APPROVED BY GOVERNOR  SEPTEMBER 3, 2003
	PASSED THE ASSEMBLY  AUGUST 21, 2003
	PASSED THE SENATE  JULY 21, 2003
	AMENDED IN SENATE  MAY 27, 2003

INTRODUCED BY   Assembly Member Jerome Horton

                        FEBRUARY 14, 2003

   An act to amend Section 330b of the Penal Code, relating to
gaming.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 360, Jerome Horton.  Slot machines or devices.
   Existing law prohibits the possession and sale of slot machines or
devices, except in limited instances.
   This bill would create an exception to this prohibition for
manufacturers that are licensed pursuant to tribal-state gaming
compacts and that satisfy specified conditions.  The bill would also
make various technical, nonsubstantive changes to that provision.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 330b of the Penal Code is amended to read:
   330b.  Possession or keeping of slot machines or devices.
   (1) It is unlawful for any person to manufacture, repair, own,
store, possess, sell, rent, lease, let on shares, lend or give away,
transport, or expose for sale or lease, or to offer to repair, sell,
rent, lease, let on shares, lend or give away, or permit the
operation, placement, maintenance, or keeping of, in any place, room,
space, or building owned, leased, or occupied, managed, or
controlled by that person, any slot machine or device, as defined in
this section.
   It is unlawful for any person to make or to permit the making of
an agreement with another person regarding any slot machine or
device, by which the user of the slot machine or device, as a result
of the element of hazard or chance or other unpredictable outcome,
may become entitled to receive money, credit, allowance, or other
thing of value or additional chance or right to use  the slot machine
or device, or to receive any check, slug, token, or memorandum
entitling the holder to receive money, credit, allowance, or other
thing of value.
   (2) The limitations of paragraph (1), insofar as they relate to
owning, storing, possessing, or transporting any slot machine or
device, do not apply to any slot machine or device located upon or
being transported by any vessel regularly operated and engaged in
interstate or foreign commerce, so long as the slot machine or device
is located in a locked compartment of the vessel, is not accessible
for use, and is not used or operated within the territorial
jurisdiction of this state.
   (3) The limitations of paragraph (1) do not apply to a
manufacturer's business activities that are conducted in accordance
with the terms of a license issued by a tribal gaming agency pursuant
to the tribal-state gaming compacts entered into in accordance with
the Indian Gaming Regulatory Act (18 U.S.C. Sec. 1166 to 1168,
inclusive, and 25 U.S.C. Sec. 2701 et seq.).
   (4) For purposes of this section, "slot machine or device" means a
machine, apparatus, or device that is adapted, or may readily be
converted, for use in a way that, as a result of the insertion of any
piece of money or coin or other object, or by any other means,  the
machine or device is caused to operate or may be operated, and by
reason of any element of hazard or chance or of other outcome of
operation unpredictable by him or her, the user may receive or become
entitled to receive any piece of money, credit, allowance or thing
of value or additional chance or right to use  the slot machine or
device, or any check, slug, token or memorandum, whether of value or
otherwise, which may be exchanged for any money, credit, allowance or
thing of value, or which may be given in trade, irrespective of
whether it may, apart from any element of hazard or chance or
unpredictable outcome of operation, also sell, deliver or present
some merchandise, indication of weight, entertainment, or other thing
of value.
   (5) Every person who violates this section is guilty of a
misdemeanor.
   (6) Pinball and other amusement machines or devices, which are
predominantly games of skill, whether affording the opportunity of
additional chances or free plays or not, are not included within the
term slot machine or device, as defined in this section.