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) |
----------------------------------------------------------------------
(vote not relevant)
------------------------------------------------------------------------
|COMMITTEE VOTE: |18-0 |(August 26, 2010) |RECOMMENDATION: |concur |
| | | | | |
------------------------------------------------------------------------
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
Page 2
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
Page 3
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