BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                        SB 549|
          |Office of Senate Floor Analyses   |                              |
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                                UNFINISHED BUSINESS 


          Bill No:  SB 549
          Author:   Hall (D), et al.
          Amended:  8/28/15  
          Vote:     27  

           SENATE GOVERNMENTAL ORG. COMMITTEE:  10-0, 4/14/15
           AYES:  Hall, Berryhill, Block, Gaines, Galgiani, Hernandez,  
            Hill, Lara, McGuire, Vidak
           NO VOTE RECORDED:  Hueso

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 5/28/15
           AYES:  Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

           SENATE FLOOR:  38-0, 6/3/15
           AYES:  Allen, Anderson, Bates, Beall, Berryhill, Block,  
            Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall,  
            Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Lara, Leno,  
            Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach,  
            Morrell, Nielsen, Pan, Pavley, Roth, Runner, Stone, Vidak,  
            Wieckowski, Wolk
           NO VOTE RECORDED:  Jackson, Nguyen

           ASSEMBLY FLOOR:  64-7, 9/2/15 - See last page for vote

           SUBJECT:   Charitable raffles


          SOURCE:   American Legion - Department of California 
                    AMVETS  Department of California 
                    California Council of Chapters 
                    California State Commanders Veterans Council 
                    Jewish War Veterans Department of California 
                    Military Officers Association of American 
                    VFW - Department of California 
                    Vietnam Veterans of America - California State Council








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          DIGEST:   This bill 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.

          Assembly Amendments decrease the sunset from five to three  
          years.  In addition, the amendments require an eligible  
          organization, once registered, to annually file with the  
          Department of Justice (DOJ) a report that includes specified  
          information for each of the eligible organization's last three  
          fiscal years, and require the DOJ to make those reports  
          available online, as provided.  Finally, the amendments require  
          the DOJ to adopt, on or before June 1, 2016, regulations to  
          enforce the provisions of this bill.

          ANALYSIS: 
          
          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.

           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) 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 2/3 vote of each house of the  
             Legislature.

          This bill:









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           1) Authorizes an eligible organization, as defined, to conduct  
             a 50/50 raffle for the purpose of directly supporting  
             specified beneficial or charitable purposes in California, or  
             financially supporting another private, nonprofit, eligible  
             organization.

           2) Defines an "eligible organization" as 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 that has been qualified to conduct  
             business in California for at least one year prior to  
             conducting a raffle, is qualified for an exemption under  
             section 501 (c)(3) of the Internal Revenue Code, and is  
             exempt from taxation as specified.

           3) Defines "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, as  
             specified.

           4) Specifies that a beneficial purpose excludes purposes that  
             are intended to benefit officers, directors, or members and  
             specifies that funds raised by 50/50 raffles shall not be  
             used to fund any beneficial, charitable, or other purpose  
             outside of California.  An eligible organization is allowed  
             to use funds from sources other than the sale of raffle  
             tickets to pay for the administration or other costs of  
             conducting a raffle.

           5) Specifies that an employee of an eligible organization who  
             is a direct seller of raffle tickets shall not be treated as  
             an employee for purposes of workers' compensation if certain  
             specified conditions are satisfied.

           6) Specifies that an employee selling raffle tickets shall be  
             deemed to be a direct seller, as described.









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           7) Specifies 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.

           8) Specifies that a raffle ticket shall not be sold in exchange  
             for Bitcoin or any other cryptocurrency.

           9) Specifies that a raffle otherwise permitted under this  
             section shall not be conducted by means of, or otherwise  
             utilize, any gaming machine that meets the definition of a  
             slot machine, as defined. 

           10)Specifies that a raffle otherwise permitted under this  
             section shall not be conducted, nor may tickets for a raffle  
             be sold, within an operating satellite wagering facility or  
             racetrack inclosure. 

           11)Specifies that a raffle shall not be operated or conducted  
             in any manner over the Internet, nor may raffle tickets be  
             sold, traded, or redeemed over the Internet.  An eligible  
             organization shall not be deemed to operate or conduct a  
             raffle over the Internet, or sell raffle tickets over the  
             Internet, if the eligible organization advertises its raffle  
             on the Internet or permits others to do so.  

           12)Specifies that an individual, corporation, partnership, or  
             other legal entity shall not hold a financial interest in the  
             conduct of a raffle, except the eligible organization that is  
             itself authorized to conduct that raffle, and any private,  
             nonprofit, eligible organizations receiving financial support  
             from that charitable organization.

           13)Prohibits an eligible organization from conducting more than  
             one raffle per home game. 

           14)Prohibits the sale of raffle tickets in any seating area  
             designated as a family section.

           15)Requires the eligible organization to disclose to all ticket  








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             purchasers the designated private, nonprofit, eligible  
             organization for which the raffle is being conducted.

           16)Specifies that an eligible organization that conducts a  
             raffle to financially support another private, nonprofit  
             eligible organization shall distribute all proceeds not paid  
             out to the winners of the prizes to the private, nonprofit  
             organization within 15 days of conducting the raffle. 

           17)Specifies that any raffle prize remaining unclaimed by a  
             winner at the end of the season for a team with an affiliated  
             eligible organization that conducted a raffle to financially  
             support another private, nonprofit eligible organization  
             shall be donated within 30 days from the end of the season by  
             the eligible organization to the designated private,  
             nonprofit organization for which the raffle was conducted. 

           18)Provides that an eligible organization shall not conduct a  
             raffle unless it has a valid registration issued by DOJ.  The  
             DOJ shall furnish a registration form via the Internet or  
             upon request to eligible nonprofit organizations.  The DOJ  
             shall, by regulation, collect only the information necessary  
             to carry out the provisions of this bill.  

           19)Specifies that DOJ may require an eligible organization to  
             pay a minimum annual registration fee of $5,000 to cover the  
             reasonable costs of DOJ to administer and enforce the  
             provisions of this bill. 

           20)Specifies that an eligible organization shall pay, in  
             addition to the annual registration fee, $100 for every  
             individual raffle conducted at an eligible location to cover  
             the reasonable costs of DOJ to administer and enforce the  
             provisions of this bill.  This fee shall be submitted in  
             conjunction with the annual registration form. 

           21)Specifies that a manufacturer or distributor of  
             raffle-related products or services shall not conduct  
             business with an eligible organization for purposes of  
             conducting a raffle unless the manufacturer or distributor  
             has a valid annual registration issued by DOJ.









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           22)Specifies that DOJ may require a manufacturer or distributor  
             of raffle-related products or services to pay a minimum  
             annual registration fee of $5,000 to cover the reasonable  
             costs of DOJ to administer and enforce the provisions of this  
             bill.

           23)Requires an eligible organization to register the equipment  
             used in the sale and distribution of raffle tickets, and  
             shall have the equipment tested by an independent gaming  
             tested lab.

           24)Requires a person affiliated with an eligible organization  
             who conducts the manual draw to annually register with DOJ.

           25)Specifies that DOJ may require a person affiliated with an  
             eligible organization who conducts the manual draw to pay a  
             minimum annual registration fee of $10 to cover the  
             reasonable costs of DOJ to administer and enforce the  
             provisions of this bill.

           26)Specifies that DOJ may, by regulation, adjust the annual  
             registration fees as needed to ensure that revenues will  
             fully offset, but not exceed, the reasonable costs incurred  
             by DOJ pursuant to the provisions of this bill.  The fees  
             shall be deposited by DOJ into the General Fund. 

           27)Specifies that DOJ shall receive the moneys for the costs  
             incurred by the provisions of this bill by an appropriation  
             by the Legislature. 

           28)Specifies that DOJ shall adopt, on or before June 1, 2016,  
             regulations necessary to effectuate the provisions of this  
             bill, including emergency regulations. 

           29)Requires DOJ to maintain an automated database of all  
             registrants.  Each local law enforcement agency shall notify  
             DOJ of any arrests or investigation that may result in an  
             administrative or criminal action against a registrant. DOJ  
             may audit the records and other documents of a registrant to  
             ensure compliance with the provisions of this bill and may  
             charge a registrant the direct costs associated with an  
             audit. 








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           30)Specifies that DOJ may investigate all suspected violations  
             or any activity that the registrant has engaged in that is  
             not in the best interests of the public's health, safety, or  
             general welfare as it pertains to charitable raffles.

           31)Requires an eligible organization, once registered, to  
             annually file with the DOJ a report that includes specified  
             information for each of the eligible organization's last  
             three fiscal years and requires the DOJ to make those reports  
             available online, as provided.  Failure to submit the annual  
             report to DOJ shall be grounds for denial of an annual  
             registration.

           32)Requires DOJ to annually furnish to registrants a form to  
             collect this information.

           33)Specifies that DOJ may take legal action against a  
             registrant if it determines that the registrant has violated  
             provisions of this bill or a regulation adopted, or that the  
             registrant has engaged in any conduct that is not in the best  
             interests of the public's health, safety, or general welfare.  
              An action taken by DOJ does not prohibit the commencement of  
             an administrative or criminal action by the Attorney General,  
             or district attorney, city attorney, or county counsel. 

           34)Specifies that an action and hearing conducted to deny,  
             revoke, or suspend a registry, or other administrative action  
             taken against a registrant shall be conducted pursuant to the  
             Administrative Procedure Act.  The DOJ may seek civil  
             remedies, including imposing fines and may seek recovery of  
             the costs incurred in investigating or prosecuting an action  
             against a registrant or applicant. 

           35)Specifies that the provisions of this bill shall remain in  
             effect only until December 31, 2018, and as of that date is  
             repealed, unless a later enacted statute, that is enacted  
             before December 31, 2018, deletes or extends that date. 

          Background

          Purpose of the bill:  According to the author, across the United  








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          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.  According to the author the 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. 

          History:  Charitable raffles have been legal in the State of  
          California since July 1, 2001, with the successful passage of SB  
          639 (McPherson, Chapter 778) in the 1999-2000 legislative  
          session and voter approval of Proposition 17.  

          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 in  
          2000 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.  

          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.  

          Prior/Related Legislation
          
          AB 1691 (Jones-Sawyer, 2014) would have authorized an eligible  








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          organization to conduct a 50/50 raffle for the purpose of  
          directly supporting specified beneficial or charitable purposes  
          in California, or financially supporting another private,  
          nonprofit, eligible organization.  (Held in Assembly  
          Appropriations Committee)

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No



          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.


          SUPPORT:   (Verified9/2/15)


          American Legion - Department of California (co-source)
          AMVETS - Department of California (co-source)
          California Council of Chapters (co-source)
          California State Commanders Veterans Council (co-source)
          Jewish War Veterans Department of California (co-source)
          Military Officers Association of American (co-source)
          VFW - Department of California (co-source)
          Vietnam Veterans of America - California State Council  
          (co-source)
          AEG
          Anaheim Ducks Foundation
          Anaheim Ducks Hockey Club
          Anaheim Ducks Learn to Play 
          Anaheim Ducks S.C.O.R.E. 
          Angels Baseball Foundation
          Auto Club Speedway
          CHOC Children's Hospital 
          CHOC at Mission
          Children's Law Center of California
          City Year Los Angeles
          Clippers Foundation








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          College Tract
          Donor Network West
          Giants Community Fund
          Girls Incorporated of Orange County
          Impact Foundation
          Junior Blind
          Kings Care Foundation
          LA Clippers
          LA Galaxy
          LA Galaxy Foundation
          LA Kings
          LEAP
          Los Angeles Angels of Anaheim
          Los Angeles Boys and Girls Club
          Los Angeles Dodgers
          Los Angeles Dodgers Foundation
          Los Angeles Fund for Public Education
          Michael Ottolini AMVETS Post 40 Sonoma County
          Military Officers Association of America, Alta Chapter
          Military Officers Association of America, Solano County Chapter
          Orangewood Children's Foundation
          Orthopaedic Institute for Children
          The Pacific Club IMPACT Foundation
          Padres Foundation
          P.F. Breese Foundation
          Rancho Cordova Police Activities League
          Sacramento Kings
          Sacramento Kings Foundation
          Sacramento Republic Football Club
          San Diego Padres
          San Francisco Giants
          San Francisco Giants Community Fund
          San Jose Sharks
          San Jose Sharks Foundation
          Spark Los Angeles
          South County Outreach
          Teach for America - Los Angeles
          United Way California Capital Region
          University of Southern California
          Veterans of Foreign Wars of California 1st District
          Veterans of Foreign Wars, Department of California
          Veterans of Foreign War Post 2275








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          Veteran Tickets Foundation
          VFW Post 3787, Mission Valley San Diego
          VFW Post 5431
          Vietnam Veterans of America, Chapter #223
          Vision to Learn
          Weave, Inc.


          OPPOSITION:   (Verified9/2/15)


          California Coalition Against Gambling Expansion
          California Society of Association Executives
          California Tribal Business Alliance
          CalNonprofits
          Habematolel Pomo of Upper Lake
          Lytton Rancheria of California
          Pala Band of Mission Indians
          Yocha Dehe Wintun Nation
          Viejas Band of Kumeyaay Indians


          ARGUMENTS 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.


          ARGUMENTS IN OPPOSITION:     According to CalNonprofits, SB 549  
          creates a carve-out with special rules for an exclusive set of  
          nonprofit organizations affiliated with major league sports  
          teams while all other charities, such as school bands, churches,  
          and garden clubs, would be limited to the current 90/10 rule.  
          CalNonprofits further argues that current law ensures that the  








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          primary purpose of any charitable raffle is to benefit a charity  
          and that raffles with the 50/50 split move away from that  
          intent, and may inadvertently put more focus on gambling to win  
          a cash prize.

           ASSEMBLY FLOOR:  64-7, 9/2/15
           AYES: Achadjian, Travis Allen, Baker, Bigelow, Bloom, Bonilla,  
            Bonta, Brown, Burke, Calderon, Campos, Chang, Chávez, Chiu,  
            Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Beth  
            Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson,  
            Gomez, Gray, Grove, Hadley, Roger Hernández, Irwin, Jones,  
            Jones-Sawyer, Kim, Levine, Linder, Lopez, Low, Mathis, Mayes,  
            McCarty, Medina, Melendez, Mullin, Obernolte, O'Donnell,  
            Olsen, Patterson, Perea, Quirk, Ridley-Thomas, Rodriguez,  
            Salas, Steinorth, Mark Stone, Thurmond, Wagner, Waldron,  
            Weber, Wilk, Wood, Atkins
           NOES: Gatto, Gonzalez, Gordon, Lackey, Maienschein, Ting,  
            Williams
           NO VOTE RECORDED: Alejo, Brough, Chau, Frazier, Harper, Holden,  
            Nazarian, Rendon, Santiago




          Prepared by:Felipe Lopez / G.O. / (916) 651-1530
                    9/15/15 9:13:49


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