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  








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          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. 








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           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 









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