BILL NUMBER: AB 163	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 2, 2008
	AMENDED IN SENATE  SEPTEMBER 7, 2007
	AMENDED IN ASSEMBLY  JUNE 1, 2007
	AMENDED IN ASSEMBLY  MARCH 28, 2007

INTRODUCED BY   Assembly Member  Eng   Mendoza

    (   Coauthor:   Senator
  Ridley-Thomas   ) 

                        JANUARY 22, 2007

    An act to amend Sections 101 and 313.1 of the Business
and Professions Code, and to amend an initiative act entitled "An act
prescribing the terms upon which licenses may be issued to
practitioners of chiropractic, creating the State Board of
Chiropractic Examiners and declaring its powers and duties,
prescribing penalties for violation thereof, and repealing all acts
and parts of acts inconsistent therewith" approved by electors
November 7, 1922, by amending Sections 1, 2, 3, 4, 6, 8, and 14
thereof and adding Sections 1.5, 6.5, and 18.5 thereto, relating to
chiropractors, and making an appropriation therefor.  
An act to add Section 19965 to the Business and Professions Code,
relating to gambling. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 163, as amended,  Eng   Mendoza  .
 Chiropractors.   Gambling: local ordinances.
 
   The Gambling Control Act authorizes a city or county to permit
controlled gambling, consistent with state law, if a majority of
voters affirmatively approve an ordinance so permitting, as
specified. That law authorizes an amendment of an ordinance
permitting an expansion of gambling, within a specified limit,
without voter approval, and also authorizes, without voter approval,
an amendment to an ordinance permitting an increase of 24.99% in the
number of gambling tables that may be operated in a gambling
establishment or 2 gambling tables, whichever is greater, compared to
the ordinance in effect on January 1, 1996.  
   This bill would further authorize a city or county, without voter
approval, to amend an ordinance to increase the number of gambling
tables that may be operated in a gambling establishment by 3 tables
if the ordinance in effect on July 1, 2007, provided for 5 to 8
tables, and by 4 tables if the ordinance in effect on July 1, 2007,
provided for 9 to 12 tables.  
   (1) Existing law, the Chiropractic Act enacted by initiative,
provides for the licensing and regulation of chiropractors by the
State Board of Chiropractic Examiners, which is composed of 7 members
appointed by the Governor. Under the act, the board is required to
employ an executive officer. Existing law establishes the Department
of Consumer Affairs in the State and Consumer Services Agency, and
the department is composed of various boards that regulate members of
professions, including the healing arts, and vocations. Existing law
prohibits a person from being denied admission to a chiropractic
school, from being denied the right to take an examination, from
being denied the right to receive a diploma or certificate of
graduation from a chiropractic school, or from being denied licensure
on the basis that he or she is blind.  
   This bill would enact the Chiropractor Consumer Protection Act,
which would include the board in the Department of Consumer Affairs,
would change 2 members of the board to public members appointed by
the Senate Committee on Rules and the Speaker of the Assembly, and
would require the members appointed by the Governor, including one
public member, to be confirmed by the Senate. The bill would also
prohibit the director from disapproving or rejecting any rule or
regulation pertaining to chiropractic scope of practice or
educational requirements. The bill would exempt the executive officer
from civil service, and would specify that other employees of the
board are subject to those provisions. The bill would also specify
that protection of the public is the highest priority of the board.
The bill would provide that the employment of legal counsel by the
board be subject to certain requirements, and that the board be
subject to specified meeting and disclosure requirements. The bill
would also require that all appropriations from the State Board of
Chiropractic Examiners' Fund be made by the Legislature in the annual
Budget Act. This bill would prohibit a person from being denied
admission to a chiropractic school, from being denied the right to
take an examination, from being denied the right to receive a diploma
or certificate of graduation from a chiropractic school, or from
being denied licensure because he or she is disabled. The bill would
also specify that certain general provisions applicable to health
care providers and health care provider licensing boards be
applicable to chiropractors and to the board. The bill would
appropriate $1,542,000 from the State Board of Chiropractic Examiners'
Fund for purposes of the Chiropractic Act, as specified. 

   Because the bill would amend an initiative act, the bill would
require certain of its provisions be submitted to the voters for
approval on the June 3, 2008, primary election ballot. The bill would
state the Legislature's intent to appropriate $300,000 from the
State Board of Chiropractic Examiners' Fund for specified costs
incurred by the Secretary of State in placing these provisions on the
ballot.  
   (2) This bill would incorporate additional changes in Section 101
of the Business and Professions Code, proposed by SB 534, to be
operative only if both this bill and SB 534 are chaptered and become
effective on or before January 1, 2008, and this bill is chaptered
last. 
   Vote: majority. Appropriation:  yes   no
 . Fiscal committee: yes. State-mandated local program: no.


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

   SECTION 1.    Section 19965 is added to the 
 Business and Professions Code   , to read:  
   19965.  Notwithstanding Sections 19961 and 19962, a city, county,
or city and county may amend an ordinance to increase the number of
gambling tables that may be operated in a gambling establishment as
follows:
   (a) If the ordinance in effect on July 1, 2007, provided for five
to eight tables, inclusive, the amended ordinance may allow an
increase of three tables.
   (b) If the ordinance in effect on July 1, 2007, provided for nine
to 12 tables, inclusive, the amended ordinance may allow an increase
of four tables.  All matter omitted in this version of the bill
appears in the bill as amended in the Senate, September 7, 2007.
(JR11)