BILL ANALYSIS Ó AB 2215 Page 1 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 AB 2215 Page 2 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 AB 2215 Page 3 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. AB 2215 Page 4 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) | | | | | | | |---------+--------------------------------------------------| AB 2215 Page 5 |$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: AB 2215 Page 6 Support Betty Yee, California State Controller California State University Opposition None on File Analysis Prepared by:Laura Metune / HIGHER ED. / (916) 319-3960