BILL ANALYSIS                                                                                                                                                                                                    

                                                                  AB 441
                                                                  Page  1

          AB 441 (Hall)
          As Amended  March 4, 2010
          Majority vote
          |ASSEMBLY:  |     |(May 11, 2010)  |SENATE: |30-3 |(August 23,    |
          |           |     |                |        |     |2010)          |
                    (vote not relevant)

          Original Committee Reference:    E. & R.
           SUMMARY  : Modifies provisions of the Gambling Control Act (Act)  
          as it relates to the limit on increases in the number of  
          gambling tables that a local jurisdiction may authorize without  
          voter approval.

           The Senate amendments  delete the Assembly version of this bill,  
          and instead:

          1)Delete an existing provision of the Act that allows a local  
            jurisdiction to increase the number of gambling tables by two,  
            regardless of whether that increase would equal or exceed 25 %  
            of the number of tables authorized on January 1, 1996, and,  
            instead, authorizes a local jurisdiction to amend its local  
            gaming ordinance, without voter approval, to permit an  
            increase by two gaming tables that may be operated in a  
            gambling establishment compared to the number authorized on  
            January 1, 2010.

          2)Make it explicit that a local jurisdiction 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 local jurisdiction to increase the number of  
            gambling tables that may be operated.

           EXISTING LAW  :

          1)Provides for the licensure and regulation of various legalized  
            gambling activities and establishments by the California  
            Gambling Control Commission and the enforcement of those  
            activities by the Department of Justice (DOJ).

          2)Authorizes a local jurisdiction to permit controlled gambling,  


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            consistent with state law, if it has a local gambling  
            ordinance in effect, as specified.

          3)Provides that an amendment of an ordinance permitting an  
            increase of gambling of less than 25 % when compared to that  
            authorized on January 1, 1996 may occur without voter  

          4)Authorizes a local jurisdiction to increase that number  
            referenced in Section 19961 of the Business and Professions  
            Code by two tables, regardless of whether that increase would  
            equal or exceed 25 % of the number of tables authorized on  
            January 1, 1996.

          5)Requires that any amendment to a local jurisdiction ordinance  
            relating to gambling establishments or the Act is required to  
            be submitted to DOJ for review and comment before the  
            ordinance is adopted by the local jurisdiction.

          6)Places a moratorium on the authorization of legal gaming by a  
            local governing body or local electors and an expansion of  
            gambling, as defined, until January 1, 2015.

           AS PASSED BY THE ASSEMBLY  , this bill prohibits a person, on  
          election day, or at any time that a voter may be casting a  
          ballot, from soliciting a donation of any kind or engaging in  
          commercial activity within 100 feet from the polling place or an  
          elections official's office.

           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, estimated costs associated with this bill are  
          considered minor and absorbable.

           COMMENTS  :  This bill was substantially amended in the Senate and  
          the Assembly-approved provisions of this bill were deleted.   
          This bill, as amended in the Senate, is inconsistent with  
          Assembly actions.

          According to the author's office, this bill is necessary to  
          clarify some confusion in the provisions of current law that  
          allow for adding gaming tables at card clubs.  The existing  
          moratorium prohibits local jurisdictions from amending  
          ordinances to authorize additional gaming without voter  
          approval.  However, there are exceptions.  Currently, local  
          jurisdictions may allow card clubs to increase the number of  


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          tables in their establishments by 24.99 %.  If they have 12 or  
          fewer tables, they can authorize an increase of up to four  
          tables.  These are two separate sections and some have argued  
          that a local jurisdiction is not restricted from invoking both  
          in order to allow for such expansion without voter approval.
          This bill is intended to clarify that local jurisdictions can  
          amend the provisions of their ordinances to allow for such  
          expansion only once.  This bill provides that any such         
          expansion is based on the number of tables authorized as of  
          January 1, 2010, so as to allow the two-table expansion on top  
          of any expansion that has been authorized already.

           Analysis Prepared by  :  Rod Brewer/ G.O. / (916) 319-2531

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