BILL ANALYSIS                                                                                                                                                                                                    



                                                                            
         AB 441
                                                                Page  1

        CONCURRENCE IN SENATE AMENDMENTS
        AB 441 (Hall)
        As Amended  March 4, 2010
        Majority vote
         
         
         ---------------------------------------------------------------------- 
        |ASSEMBLY: |     |(May 11, 2009)  |SENATE: |30-3 |(August 23, 2010)    |
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                  (vote not relevant)


         ------------------------------------------------------------------------ 
        |COMMITTEE VOTE:  |18-0 |(August 26, 2010)   |RECOMMENDATION: |concur    |
        |                 |     |                    |                |          |
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        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  :









                                                                            
         AB 441
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        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,  
          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 Business and Professions Code Section 19961 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 prohibited 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 office, this bill is necessary to clarify  
        some confusion in the provisions of current law that allow for  








                                                                            
         AB 441
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        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 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: 0006791