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