BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 549


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          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,       |                    |








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          |                |     |Jones, Quirk, Rendon, |                    |
          |                |     |Wagner, Weber, Wood   |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
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          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  








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            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. 








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          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.









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          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.








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          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  








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          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.  









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          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  








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          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  








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          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