BILL ANALYSIS AB 441 Page 1 CONCURRENCE IN SENATE AMENDMENTS 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, AB 441 Page 2 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 approval. 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 AB 441 Page 3 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 FN: 0005580