BILL ANALYSIS Ó SB 817 Page 1 Date of Hearing: June 12, 2013 ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION Isadore Hall, Chair SB 817 (Committee on Governmental Organization) - As Introduced: March 14, 2013 SENATE VOTE : 34-0 SUBJECT : California State Lottery: drawings SUMMARY : Allows the California State Lottery (Lottery) to provide for witnessing of out of state lottery drawings via live audio and video feed. Specifically, this bill : 1)Permits the independent lottery contractor to witness drawings in person or via live audio and video feed, and the equipment used in the drawings to be inspected in person or via live audio and video feed by the independent lottery contractor and an employee of the Lottery both before and after the drawings. EXISTING LAW 1)The California State Lottery Act of 1984 (Act), an initiative measure, authorizes the California State Lottery and provides for its operation and administration by the California State Lottery Commission and the Director of the California State Lottery, with certain limitations. 2)The Act provides that none of its provisions may be changed except to further its purpose by a bill passed by a 2/3 vote of each house of the Legislature and signed by the Governor. 3)Requires that, except for computer automated drawings, lottery drawings shall be witnessed by an independent lottery contractor, and that any equipment used in the drawings is inspected by the independent lottery contractor and an employee of the lottery both before and after the drawings. FISCAL EFFECT : Unknown COMMENTS : Purpose of the bill : The State Lottery is sponsoring this bill SB 817 Page 2 in an effort to operate more efficiently without compromising security and integrity. According to the Lottery, having the option to witness and inspect via live audio and video feed would serve the same purpose as having Lottery representatives physically present at the draws, but without the expense and unnecessary duplication of efforts and repetitive reporting. The Lottery states that security measures and written draw procedures for multi-state games have been fully reviewed and vetted to ensure their compliance with California's strict standards. In addition, out-of-state draws are conducted by highly skilled and professional employees of the state lottery where the draw occurs, along with an independent contractor that oversees draws and inspects all draw equipment. The Lottery plans to continue to have its own statistician analyze all pre-tests and draws to ensure that the numbers are selected randomly. The Lottery further states that this bill will put California on par with other state lotteries' draw procedures. It notes that, with the exception of California and Texas, all the other 42 jurisdictions that participate in the Mega Millions and Powerball do not require the physical presence of their own employees and independent contractors at out-of-state draws. The State Lottery believes that the bill would save the State of California about $140,000 annually. Background : The State Lottery currently requires Lottery employees and independent contractors to personally witness each draw and to inspect draw equipment both before and after each draw. In compliance with current law, the Lottery employs two part-time intermittent employees and independent contractors who witness and inspect out-of-state draws for Mega Millions, a multi-state lottery game where draws are conducted in Georgia two times a week. These employees are Georgia residents. The Lottery Commission recently approved California entering a second multi-state game, Powerball, which conducts draws two times per week in Florida. Strictly speaking, the Lottery is therefore required to hire additional employees and another independent contractor, who reside in Florida, to witness draws and inspect equipment in Florida. SB 817 Page 3 State Lottery Act of 1984 : The Lottery was created by a ballot measure, Proposition 37, which was approved by 58 percent of voters on Nov. 6, 1984. The Act gave the Lottery a clear mission: to provide supplemental funding for public schools and colleges. Initially, the Act capped administrative expenses at 16 percent of sales and required that 34 percent of sales go to education. In April 2010, the Legislature passed Assembly Bill 142 (Hayashi), which changed the Lottery's funding formula to follow best practices. AB 142 limits administrative expenses to 13 percent of sales, while requiring that 87 percent of sales go back to the public in the form of prizes and contributions to education. The law gives the Lottery the flexibility to pay out a higher percentage of its revenues in prizes than it has in the past, but only if it does so in a way that increases the total amount of money that goes to public schools and colleges. The Act specifies that the Lottery is to be operated and administered by a Commission appointed by the Governor. The Legislature has the authority to amend the Act if, by doing so, it furthers the purposes of the Act. REGISTERED SUPPORT / OPPOSITION : Support California State Lottery (Source) Opposition None Analysis Prepared by : Felipe Lopez / G. O. / (916) 319-2531 SB 817 Page 4