BILL NUMBER: AB 441	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 4, 2010
	AMENDED IN ASSEMBLY  APRIL 2, 2009

INTRODUCED BY   Assembly Member Hall

                        FEBRUARY 24, 2009

    An act to amend Section 18370 of the Elections Code,
relating to elections.   An act to repeal Section
19961.05 of, and to add Section 19961.06 to, the Business and
Professions Code, relating to gaming. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 441, as amended, Hall.  Elections: prohibited
activities.   Local gaming.  
   Existing law permits a city, county, or city and county to permit
controlled gambling, consistent with state law, if a majority of
voters affirmatively approve an ordinance so permitting, as
specified. Existing law provides that an amendment of an ordinance
permitting an increase of 24.99% in the number of gambling tables
that may be operated in a gambling establishment in a city, county,
or city and county, or 2 tables, whichever is greater, compared to
the ordinance in effect on January 1, 1996, may occur without voter
approval. Any amendment to a city or county ordinance relating to
gambling establishments or the Gambling Control Act is required to be
submitted to the Division of Gambling Control for review and comment
before the ordinance is adopted by the city or county.  
   This bill, instead, would provide that an amendment of an
ordinance permitting an increase of 2 tables in the number of
gambling tables that may be operated in a gambling establishment in a
city, county, or city and county, compared to the ordinance in
effect on January 1, 2010, may occur without voter approval. The bill
would permit a city, county, or city and county to exercise its
authority to amend a local gaming ordinance without voter approval
pursuant to this provision only one time.  
   Existing law prohibits a person from engaging in specified
activities within 100 feet of a polling place or an elections
official's office when a voter may be casting a ballot and makes a
violation of these provisions a misdemeanor.  
   This bill would additionally prohibit a person in those
circumstances from soliciting a donation, engaging in specified
commercial activity, or distributing goods or items for consumption
or use.  
   Because the bill would make additional conduct a crime, it would
impose a state-mandated local program.  
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  yes   no  .


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

   SECTION 1.    Section 19961.05 of the  
Business and Professions Code   is repealed.  
   19961.05.  Notwithstanding Sections 19961 and 19962, a city,
county, or city and county may amend an ordinance to increase the
number of gambling tables by two, or 24.99 percent, whichever is
greater, compared to the ordinance that was in effect on January 1,
1996. 
   SEC. 2.    Section 19961.06 is added to the 
 Business and Professions Code   , to read:  
   19961.06.  Notwithstanding Sections 19961 and 19962, a city,
county, or city and county may amend an ordinance to increase by two
the number of gambling tables that may be operated in a gambling
establishment in the city, county, or city and county, compared to
the ordinance that was in effect on January 1, 2010. A city, county,
or city and county may exercise the authority provided by this
section only one time, but this authority shall be in addition to any
authorization under any other law for a city, county, or city and
county to increase the number of gambling tables that may be operated
in a gambling establishment in the city, county, or city and county.
 
  SECTION 1.    Section 18370 of the Elections Code
is amended to read:
   18370.  No person, on election day, or at any time that a voter
may be casting a ballot, shall, within 100 feet of a polling place or
an elections official's office:
   (a) Circulate an initiative, referendum, recall, or nomination
petition or any other petition.
   (b) Solicit a vote or speak to a voter on the subject of marking
his or her ballot.
   (c) Place a sign relating to voters' qualifications or speak to a
voter on the subject of his or her qualifications except as provided
in Section 14240.
   (d) Do any electioneering.
   (e) Solicit a donation of any kind.
   (f) Engage in commercial activity. "Commercial activity" means any
activity or action undertaken only on election day in whole or in
part by a business or an individual whose purpose, in whole or in
part, directly or indirectly, is to derive or realize a present or
future financial gain for the individual or business.
   As used in this section, "100 feet of a polling place or an
elections official's office" means a distance 100 feet from the room
or rooms in which voters are signing the roster and casting ballots.
   Any person who violates any of the provisions of this section is
guilty of a misdemeanor.  
  SEC. 2.    No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.