BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2215


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          Date of Hearing:  April 19, 2016 


                       ASSEMBLY COMMITTEE ON HIGHER EDUCATION


                                 Jose Medina, Chair


          AB 2215  
          (Medina) - As Introduced February 18, 2016


          [Note: This bill was heard in the Assembly Governmental  
          Organization Committee on April 6, 2016, and approved by a vote  
          of 18-0.]


          SUBJECT:  California State Lottery Act:  California State  
          University Lottery Education Fund:  California State University  
          Trust Fund


          SUMMARY:  Would require the Board of Trustees of the California  
          State University to deposit funds received from the California  
          State Lottery Education Fund in the California State University  
          Trust Fund instead of the California State University Lottery  
          Education Fund. 


          EXISTING LAW:  The California State Lottery Act (Lottery Act or  
          Act) of 1984, enacted by initiative, authorizes a California  
          State Lottery and provides for its operation and administration  
          by the California State Lottery Commission (Commission) and the  
          Director of the California State Lottery, with certain  
          limitations.


          1)Requires the Commission to establish the percentage of total  








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            annual revenues of the state lottery to be allocated to the  
            benefit of public education at a level that maximizes the  
            total net revenues allocated for the benefit of public  
            education.  



          2)Requires that no more than 13 percent of the total annual  
            revenues be used to pay Lottery expenses and that those  
            expenses include all costs incurred in the operation and  
            administration of the Lottery and all costs resulting from any  
            contracts entered into for the purchase or lease of goods and  
            services required by the Lottery. 

          3)Establishes the California State Lottery Education Fund and  
            provides for direct payments from the fund to various  
            entities, including the Board of Trustees of the California  
            State University (trustees).

          4)Requires funds received by the trustees to be deposited in,  
            and expended from, the California State University Lottery  
            Education Fund or, at the discretion of the trustees,  
            deposited in local trust accounts.



          5)Establishes the California State University Trust Fund and  
            specifies its sources of revenue.

          6)Provides that all money received by the Fund shall augment the  
            support appropriation to the California State University for  
            the fiscal year to which the collections apply.
          
          FISCAL EFFECT:  Unknown.

          COMMENTS:  Background.  State Lottery Act of 1984 (Act) was  
          created by a ballot measure, Proposition 37, which was approved  
          by 58 percent of voters on November 6, 1984.  The Act gave the  
          Lottery a mission to provide supplemental funding for public  








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          schools and colleges.  The Act specifies that the Lottery 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.


          In April 2010, the Legislature passed Assembly Bill 142, which  
          changed the Lottery's funding formula to follow best practices.   
          Those practices have helped lotteries throughout the nation  
          increase sales and earn more money for their beneficiary.  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.





          California State University Lottery Education Fund.  Under  
          current law, funds from the California State Lottery Education  
          Fund are distributed quarterly by the State Controller's Office  
          into the California State University Lottery Education Fund,  
          which serves as the depository account for CSU lottery funds.   
          CSU accounting staff then must submit quarterly transfer  
          requests to move these funds into the California State  
          University Trust Fund.  They must also submit similar quarterly  
          forms to move the associated interest accrued from lottery  
          revenues. From their funds are distributed to various State  
          Universities for programs and uses that are consistent with the  
          Lottery Act.  













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          According to the CSU Chancellor's Office, in recent years,  
          annual CSU Lottery Fund receipts have averaged around $45  
          million per year.  Approximately 80 percent of funds are  
          allocated directly to campuses for instructionally related  
          programs and activities.  The remaining funds are allocated for  
          CSU programs that assist student education, such as the Summer  
          Arts, Pre-Doctoral, and Doctoral Incentive programs.   
          Approximately 1.2 percent of lottery resources are used by the  
          CSU Chancellor's Office to administer lottery fund operations  
          and reporting requirements.  The CSU sets aside $5 million for  
          reserves, to prepare for cash-flow variations and other  
          year-to-year economic uncertainties that could impact future  
          fund receipts. 





          The 2016-17 lottery budget for CSU is estimated to be $49.2  
          million; the allocation would be as follows: 





           ------------------------------------------------------------ 
          |$5       |Set aside for cash-flow variation and             |
          |million  |fluctuations                                      |
          |         |                                                  |
          |         |                                                  |
          |---------+--------------------------------------------------|
          |$39.5    |$31.5 million for campus-based programs           |
          |million  |                                                  |
          |         |                                                  |
          |         |$8 million for increased financial aid for the    |
          |         |Early Start program (in the form of fee waivers)  |
          |         |                                                  |
          |         |                                                  |
          |---------+--------------------------------------------------|








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          |$4       |System-designated programs, including:            |
          |million  |                                                  |
          |         |                                                  |
          |         |       $2 million for the Chancellor's Doctoral  |
          |         |     Incentive program                            |
          |         |       $1.2 million for the CSU Summer Arts      |
          |         |     program                                      |
          |         |                                                  |
          |         |                                                  |
          |         |       $814,000 for the California Pre-Doctoral  |
          |         |     program                                      |
          |         |                                                  |
          |         |                                                  |
          |---------+--------------------------------------------------|
          |$607,000 |Administrative costs associated with the fund and |
          |         |system programs                                   |
          |         |                                                  |
          |         |                                                  |
           ------------------------------------------------------------ 
          


          Purpose of this bill.  According to the author, this bill will  
          allow the State Controller's Office (SCO) to directly deposit  
          lottery funds into the California State University Trust Fund.   
          This will eliminate unnecessary administrative processes and  
          streamline the accounting processes associated with utilizing  
          the funds from the California State University Lottery Education  
          Fund.


          


          REGISTERED SUPPORT / OPPOSITION:












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          Support


          Betty Yee, California State Controller


          California State University




          Opposition


          None on File




          Analysis Prepared by:Laura Metune / HIGHER ED. / (916) 319-3960