BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 58
                                                                  Page  1

          Date of Hearing:   May 6, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                 AB 58 (Jeffries) - As Introduced:  December 5, 2009 

          Policy Committee:                              Governmental  
          Organization Vote:                            18 - 1
                        Public Safety                           7 - 0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill reduces the penalty for an individual who participates  
          in a betting pool, including a pool for a sporting event, from a  
          misdemeanor to an infraction, punishable by a maximum fine of  
          $250.

           FISCAL EFFECT  

          There are no significant costs associated with this legislation.

           COMMENTS  

           1)Purpose  .  The author is attempting to decriminalize  
            participation in informal betting, including such things as  
            participating in office Super Bowl and March Madness pools.    
            Under current law, participating in these types of pools is a  
            misdemeanor, punishable by a fine of up to $5,000 and/or up to  
            a year in county jail.

            The author states that this legislation arose out of an  
            incident in western Riverside County where a 73-year-old woman  
            and a 39-year-old woman were charged with operating a $50  
            football pool at the local Elks Lodge.  

            This bill would lessen the current misdemeanor charge to an  
            infraction punishable by a fine that does not exceed $250.   
            Commercial sports betting and operating betting pools for a  
            profit would continue to be subject to the misdemeanor.

           2)Related Legislation  . This bill is virtually identical to AB  








                                                                  AB 58
                                                                  Page  2

            1852 (Jeffries) from 2008 that was vetoed due to the late  
            passage of the 2008-09 budget.  In the message the governor  
            wrote, "I am only signing bills that are the highest priority  
            for California. This bill does not meet that standard and I  
            cannot sign it at this time." 

           Analysis Prepared by  :    Julie Salley-Gray / APPR. / (916)  
          319-2081