BILL NUMBER: AB 1439	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Salas
   (Coauthors: Assembly Members Bonilla, Bonta, Ian Calderon, Campos,
Conway, Cooley, Daly, Fox, Gonzalez, Gray, Grove, Levine, Medina,
Melendez, Nazarian, Perea, Quirk-Silva, Rendon, Ting, and Waldron)
   (Coauthor: Senator Lara)

                        JANUARY 6, 2014

   An act to amend Section 17539.1 of the Business and Professions
Code, relating to sweepstakes.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1439, as introduced, Salas. Sweepstakes.
   Existing law prohibits certain unfair acts or practices undertaken
by, or omissions of, any person in the operation of a contest, as
described, including, among other things, misrepresenting the odds of
winning any prize or failing to award and distribute all prizes, as
specified. A violation of this provision is a misdemeanor.
   This bill would make the provision described above applicable to
unfair acts or practices undertaken by, or omissions of, any person
in the operation of a sweepstakes, as defined. The bill would also
prohibit using any method intended to be used by a person interacting
with a gambling-themed or simulated gambling electronic video
monitor in a business establishment that directly or indirectly
implements the predetermination of sweepstakes cash, cash-equivalent
prizes, or other prizes of value, or otherwise connects a sweepstakes
player or participant with sweepstakes cash, cash-equivalent prizes,
or other prizes of value. By creating new crimes, the bill would
impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 17539.1 of the Business and Professions Code is
amended to read:
   17539.1.  (a) The following unfair acts or practices undertaken
by, or omissions of, any person in the operation of any contest 
or sweepstakes are prohibited:
   (1) Failing to clearly and conspicuously disclose, at the time of
the initial contest solicitation, at the time of each precontest
promotional solicitation and each time the payment of money is
required to become or to remain a contestant, the total number of
contestants anticipated based on prior experience and the percentages
of contestants correctly solving each puzzle used in the three most
recently completed contests conducted by the person. If the person
has not operated or promoted three contests he shall disclose for
each prior contest if any, the information required by this section.
   (2) Failing to promptly send to each member of the public upon his
request, the actual number and percentage of contestants correctly
solving each puzzle or game in the contest most recently completed.
   (3) Misrepresenting in any manner the odds of winning any prize.
   (4) Misrepresenting in any manner, the rules, terms, or conditions
of participation in a contest.
   (5) Failing to clearly and conspicuously disclose with all contest
puzzles and games and with all promotional puzzles and games all of
the following:
   (A) The maximum number of puzzles or games which may be necessary
to complete the contest and determine winners.
   (B) The maximum amount of money, including the maximum cost of any
postage and handling fees, which a participant may be asked to pay
to win each of the contest prizes then offered.
   (C) That future puzzles or games, if any, or tie breakers, if any,
will be significantly more difficult than the initial puzzle.
   (D) The date or dates on or before which the contest will
terminate and upon which all prizes will be awarded.
   (E) The method of determining prizewinners if a tie remains after
the last tie breaker puzzle is completed.
   (F) All rules, regulations, terms, and conditions of the contest.
   (6) Failing to clearly and conspicuously disclose the exact nature
and approximate value of the prizes when offered.
   (7) Failing to award and distribute all prizes of the value and
type represented.
   (8) Representing directly or by implication that the number of
participants has been significantly limited, or that any particular
person has been selected to win a prize unless such is the fact.
   (9) Representing directly or by implication that any particular
person has won any money, prize, thing, or other value in a contest
unless there has been a real contest in which a meaningful
percentage, which shall be at least a majority, of the participants
in such contests have failed to win a prize, money, thing, or other
value.
   (10) Representing directly or by implication that any particular
person has won any money, prize, thing, or other value without
disclosing the exact nature and approximate value thereof.
   (11) Using the word "lucky" to describe any number, ticket,
coupon, symbol, or other entry, or representing in any other manner
directly or by implication that any number, ticket, coupon, symbol,
or other entry confers or will confer an advantage upon the recipient
that other recipients will not have, that the recipient is more
likely to win a prize than are others, or that the number, ticket,
coupon, symbol or other entry has some value that other entries do
not have. 
   (12) Using any method intended to be used by a person interacting
with a gambling-themed or simulated gambling electronic video monitor
in a business establishment that directly or indirectly implements
the predetermination of sweepstakes cash, cash-equivalent prizes, or
other prizes of value, or otherwise connects a sweepstakes player or
participant with sweepstakes cash, cash-equivalent prizes, or other
prizes of value.  
   (12) 
    (13)  Failing to obtain the express written or oral
consent of individuals before their names are used for a promotional
purpose in connection with a mailing to a third person. 
   (13) 
    (14)  Using or distributing simulated checks, currency,
or any simulated item of value unless there is clearly and
conspicuously printed thereon the words: SPECIMEN--NONNEGOTIABLE.

   (14) 
    (15)  Representing, directly or by implication, orally
or in writing, that any tie breaker puzzle may be entered upon the
payment of money qualifying the contestant for an extra cash or any
other type prize or prizes unless:
   (A) It is clearly and conspicuously disclosed that the payments
are optional and that contestants are not required to pay money,
except for reasonable postage and handling fees, to play for an extra
cash or any other type of prize or prizes; and
   (B) Contestants are clearly and conspicuously given the
opportunity to indicate they wish to enter such phase of the contest
for free, except for reasonable postage and handling fees the amount
of which shall not exceed one dollar and fifty cents ($1.50) plus the
actual cost of postage and which shall be clearly and conspicuously
disclosed at the time of the initial contest solicitation and each
time thereafter that the payment of such fees is required. The
contestants' opportunity to indicate they wish to enter for free
shall be in immediate conjunction with and in a like manner as the
contestants' opportunity to indicate they wish to play for an extra
prize. 
   (b) For the purposes of this section, "sweepstakes" means a
procedure, activity, or event, for the distribution, donation, or
sale of anything of value by lot, chance, predetermined selection, or
random selection that is not unlawful under other provisions of law,
including, but not limited to, Chapter 9 (commencing with Section
319) and Chapter 10 (commencing with Section 330) of Title 9 of Part
1 of the Penal Code.  
   (b) 
    (c)  This section does not apply to an advertising plan
or program that is regulated by, and complies with, the requirements
of Section 17537.1. 
   (d) Nothing in this section shall be deemed to render lawful any
activity that is unlawful pursuant to other law, including, but not
limited to, Section 320, 330a, 330b, 330.1, or 337j of the Penal
Code. 
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.