BILL ANALYSIS Ó SB 549 Page 1 SENATE THIRD READING SB 549 (Hall) As Amended August 28, 2015 2/3 vote SENATE VOTE: 38-0 ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |Governmental |18-0 |Gray, Linder, | | |Organization | |Achadjian, Alejo, | | | | |Bigelow, Campos, | | | | |Cooley, Cooper, Daly, | | | | |Eduardo Garcia, | | | | |Jones-Sawyer, Levine, | | | | |Mayes, Perea, Salas, | | | | |Steinorth, Waldron, | | | | |Wilk | | | | | | | |----------------+-----+----------------------+--------------------| |Appropriations |17-0 |Gomez, Bigelow, | | | | |Bloom, Bonta, | | | | |Calderon, Chang, | | | | |Nazarian, Eggman, | | | | |Gallagher, Eduardo | | | | |Garcia, Holden, | | SB 549 Page 2 | | |Jones, Quirk, Rendon, | | | | |Wagner, Weber, Wood | | | | | | | | | | | | ------------------------------------------------------------------ SUMMARY: Authorizes an eligible organization, as defined, to conduct a 50/50 raffle for the purpose of directly supporting a specified beneficial or charitable purpose in California, or financially supporting another private, nonprofit, eligible organization until December 31, 2018. Specifically, this bill: 1)Authorizes a private, nonprofit organization established by, or affiliated with, a team from the Major League Baseball, National Hockey League, National Basketball Association, National Football League, Women's National Basketball Association, or Major League Soccer, or a private, nonprofit organization established by the Professional Golfers' Association of America, Ladies Professional Golf Association, or National Association for Stock Car Auto Racing to conduct a raffle where 50% of the gross receipts are paid to winners, and 50% are used to benefit a charity organization or private, nonprofit organization. 2)Provides that tickets sales may be conducted by the use of an electronic device, but prohibits any sales over the Internet. 3)Provides a random number generator is not used for the manual draw or to sell tickets. 4)Requires each ticket sold to contain a unique and matching identifier, and declares that winners must be determined by a SB 549 Page 3 manual draw. 5)Provides that a person who receives compensation in connection with the operation of the raffle shall be an employee of the eligible organization that is conducting the raffle, and in no event may compensation be paid from revenues required to be dedicated to beneficial or charitable purposes. 6)Provides that the manual draw must be conducted under the supervision of a natural person who is at least 18 years of age, is affiliated with the organization conducting the raffle, and is annually registered with the Department of Justice (DOJ), paying a minimum fee of $10. 7)Prohibits the use of Bitcoin or other crypto currency in the sales of raffle tickets; prohibits the use of any gaming machine that meets the definition of slot machine; and prohibits the sale of raffle tickets within an operating satellite wagering facility or racetrack inclosure. 8)Provides that an eligible organization may post specified items on the Internet Web site such as descriptions of prizes, lists of winners, rules of the raffle, contact information, frequently asked questions (FAQs), and entry forms that may be downloaded and printed but not submitted online. 9)Limits the number of raffles held to one at each major league home game. 10)Prohibits the sale of raffle tickets in any seating area designated as a family section, and requires the disclosure of the designated private, nonprofit, eligible organization to all ticket purchasers. SB 549 Page 4 11)Requires the distribution of proceeds to the nonprofit organization within 15 days of conducting the raffle. 12)Requires each eligible organization to register annually with DOJ and requires the department to furnish a registration form via the Internet or upon request from an eligible organization. 13)States DOJ may require an eligible organization to pay a minimum annual registration fee of$5,000 to cover the reasonable costs of the department to administer and offset cots. An eligible organization shall pay, in addition to the annual registration application fee, $100 for every individual raffle conducted at an eligible location to cover the reasonable costs of DOJ for administration and enforcement. This fee shall be submitted in conjunction with the annual registration form. 14)Requires a manufacturer or distributor of raffle-related products or services to pay a minimum annual registration fee of $5,000 to cover the reasonable administrative and enforcement costs. All equipment must be registered and tested by an independent gaming-testing lab. 15)Requires DOJ to adopt regulations, on or before June 1, 2016, pursuant to this 50/50 raffle authorization. 16)Requires DOJ to maintain an automated database of all registrants, and for local law enforcement agencies to notify the department of any arrests or investigation that may result in an administrative or criminal action against a registrant. SB 549 Page 5 17)Requires each registered eligible organization to file an annual report with DOJ that includes information for each of the eligible organization' last three fiscal year; the aggregate gross receipts from the operation of raffles; and the aggregate direct costs incurred, and include additional detail to reporting requirements on raffle fundraising and charities benefitted, and team and foundation charitable giving from activities other than raffles. 18)Authorizes DOJ to investigate all suspected violations, and to audit records to ensure compliance. The department may charge a registrant the direct costs associated with an audit. 19)Authorizes the DOJ to seek civil remedies against a registrant for violations of this 50/50 authority or regulations, as specified, and authorizes the department to seek recovery of the costs incurred in investigating or prosecuting an action against a registrant. 20)Specifies that DOJ shall make reports available to the public via the online search portal of the Attorney General's Registry of Charitable Trust. 21)Contains a December 31, 2018, sunset date. EXISTING LAW: 1)Authorizes, under the California Constitution, to permit private, nonprofit, eligible organizations to conduct raffles as a funding mechanism to support beneficial and charitable works if at least 90% of the gross receipts from the raffle go directly to beneficial or charitable purposes in California. SB 549 Page 6 2)Prohibits any raffle to be conducted by means of, or otherwise utilize any gaming machine, apparatus, or device, whether or not that machine, apparatus, or device meets the definition of a slot machine as currently defined in California law. 3)Defines a "raffle" as a scheme for the distribution of prizes by chance among persons who have paid money for paper tickets that provide the opportunity to win these prizes and where specified conditions are met. 4)Defines an "eligible organization" as a private, nonprofit organization that has been qualified to conduct business in California for at least one year prior to conducting a raffle and is exempt from taxation by the Internal Revenue Service. 5)Authorizes, under the California Constitution, for the Legislature to amend the percentage of gross receipts required to be dedicated to beneficial or charitable purposes by a statute passed by a two-thirds vote of each house of the Legislature. FISCAL EFFECT: According to the Assembly Appropriations Committee, ongoing General Fund costs to the DOJ's Bureau of Gambling Control for administration and enforcement of approximately $575,000 per year. Over time, those costs may be recovered, in whole or in part, through annual and per-raffle registration fees. COMMENTS: Purpose of this bill. According to the author, across the SB 549 Page 7 United States more than 100 professional sports franchises are successfully operating 50/50 charitable raffles at sporting events in order to maximize donations to local charities. These types of charitable raffles are raffles in which 50% of the proceeds go to the winner, and 50% of the proceeds go to the local charities designated by the professional sports team for that particular event. The author further argues that results of 50/50 charitable raffles in other states have been stellar, and are now being held in more than 29 states and 10 Canadian provinces. This bill provides an opportunity for fans who attend professional sporting events to voluntarily participate in a raffle directly benefiting charities in their local communities. Background. Charitable raffles have been legal in the State of California since July 1, 2001, with the successful passage of SB 639 (McPherson), Chapter 778, Statutes of 2000, and voter approval of Proposition 17 (2000). Despite their previous illegality, raffles had long been a popular fundraising tool used by various nonprofit organizations. Thus in 2000, local law enforcement authorities and members of the nonprofit community decided to sponsor legislation to legalize some raffles and bring the then illegal raffles out of the shadows and provide for regulation to these types of raffles. Because a constitutional amendment was needed, Proposition 17, was approved by California voters with 59% of the vote to exempt charitable raffles from the prohibition against lotteries provided that the Legislature established reasonable statutory regulations and that 90% of the gross receipts from raffles go directly to beneficial or charitable purposes. SB 549 Page 8 The breakdown of 90/10 would ensure that these charitable raffles were conducted for the sole purpose of charitable giving. Proposition 17 also authorized the Legislature to change the percentages of gross receipts that must go directly to charitable purposes with a two-thirds vote of the Legislature and approval by the Governor. Since the passage of both Proposition 17 and SB 639, there have been various attempts to change the percentage allocated for charitable purposes but the legislation always failed passage. In support. According to supporters of this bill, currently more than 100 professional sports franchises operate 50/50 charitable raffles at sporting events in order to maximize donations to community philanthropic causes. Supporters argue that the results have been overwhelmingly successful for teams, fans and charities alike. Using cutting-edge, transparent and secure in-game technologies, sports franchises across the country have documented a significant and immediate increase in philanthropic contributions to charitable foundations. Supporters argue that due to a restriction in law passed before these technologies existed; California teams face an uneven playing field when it comes to charitable raffles. In opposition. According to CalNonprofits, this bill would create special fundraising rules for select set of sports charities and those that choose to affiliate with those charities. Furthermore, the bill would dilute or undermines the value of charitable giving by shifting the focus toward gambling. The opponents argue current law ensures the primary purpose of charitable raffles is the benefit to the charity, and treats all charities equally. Prior Legislation. AB 1691 (Jones-Sawyer) of 2014, would have authorized an eligible organization to conduct a 50/50 raffle for the purpose of directly supporting specified beneficial or SB 549 Page 9 charitable purposes in California, or financially supporting another private, nonprofit, eligible organization. (Held in Assembly Appropriations Committee) SB 200 (Correa), Chapter 38, Statutes of 2009. Authorized eligible organizations to advertise raffles over the Internet. AB 1588 (Soto) of 2007. AB 1588 would have decreased the percentage of gross receipts from the sale of raffle tickets required to go to beneficial or charitable purposes from 90% to 50% for a 50/50 raffle and from 90% to 60% for a dream home raffle, as defined. (Never heard in Assembly Governmental Organization Committee) SB 1369 (Cedillo), Chapter 748, Statutes of 2008. Authorized remote caller bingo as a game in which specific tax-exempt organizations, as defined, may use audio or video technology to link designated in-state facilities for playing bingo pursuant to a local ordinance and state regulation and oversight. The bill provided that remote caller bingo could only be played using traditional paper or other tangible bingo cards and daubers, and shall not be played using electronic devices. In addition, the bill provided that prizes for remote caller bingo could not exceed 37% of the gross receipts of the game and overhead may not exceed 20%, as defined. AB 423 (Longville) of 2003. AB 423 would have decreased the percentage of gross receipts from the sale of raffle tickets required to go to beneficial or charitable purposes from 90% to 50% for a 50/50 cash raffle. (Never heard in Assembly Governmental Organization Committee) SB 639 (McPherson), Chapter 778, Statutes of 2000. Permitted raffles to be conducted by private, nonprofit organizations, for SB 549 Page 10 the purposes of providing financial support for beneficial charitable works if, among other criteria, at least 90% of the gross receipts from the sale of raffle tickets are used to benefit or provide support for the charitable or beneficial purposes of the conducting nonprofit. SCA 4 (McPherson), Resolution Chapter 123, Statutes of 1999. Placed Proposition 17 on the March 2000 ballot, which was approved by the voters to authorize charitable raffles in California, provided that at least 90% of the Gross receipts from the raffle go directly to beneficial or charitable purposes, as defined. Analysis Prepared by: Eric Johnson / G.O. / (916) 319-2531 FN: 0001733