BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1924
                                                                  Page  1

          Date of Hearing:   April 9, 2008

                   ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
                              Alberto Torrico, Chairman
                AB 1924 (Jeffries) - As Introduced:  February 13, 2008
           
          SUBJECT  :   Charitable bingo: overhead.

           SUMMARY  :   Raises the limit on the portion of proceeds from  
          charitable bingo that may be used for the rental of property and  
          for overhead, including the purchase of bingo equipment,  
          administrative expenses, security equipment, and security  
          personnel from $2,000 per month to $3,000 per month.  Current  
          law is 20% of the proceeds before the deduction for prizes, or  
          $2,000 per month, whichever is less.  Specifically,  this bill  :  

          1)Provides the amount of bingo proceeds that may be used for  
            rental and overhead, as described, to 20% of the proceeds  
            before the deduction for prizes, or $3,000 per month,  
            whichever is less, may be used for the rental of property and  
            for overhead, including the purchase of bingo equipment,  
            administrative expenses, security equipment, and security  
            personnel.

           EXISTING LAW  :

          1)The California Constitution allows the Legislature, by  
            statute, to authorize cities and counties to provide for bingo  
            games for charitable purposes. 

          2)Requires that the proceeds of bingo games be used only for  
            charitable purposes, with certain exceptions, including an  
            exception providing that no more than 20% of the proceeds  
            before the deduction for prizes, or $2,000 per month,  
            whichever is less, may be used for the rental of property and  
            for overhead.

          3)Provides for the licensure and regulation of various legalized  
            gambling activities, establishments, and businesses by the  
            California Gambling Commission (Commission) and the  
            enforcement of those activities by the Bureau of Gambling  
            Control (Bureau).
           
          4)Excludes from the definition of controlled games the game of  
            bingo, horse racing, the Lottery, and games played with cards  








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            in private homes or residences in which no person makes money  
            for operating the game, except as a player.  (Penal Code  
            Section 337j(e))

           FISCAL EFFECT  :   Unknown.

           COMMENTS  :

           Background  .  Currently, non-profit organizations in California  
          may host bingo games and raffles. Charities must register with  
          the Attorney General's Registry of Charitable Trusts prior to  
          conducting a raffle, and report afterwards.  Charities operating  
          bingo games must comply with local ordinances regulating days,  
          locations, and hours of operation.  Local governments may charge  
          a licensing fee for bingo games. 

          In 1993, AB 1216 (Harvey) was chaptered.  The bill raised the  
          portion of proceeds from bingo games to be used for the monthly  
          rental of property and specified overhead costs, from 20 percent  
          or $1,000 whichever is less, to 20 percent or $2,000 whichever  
          is less.  Supporters stated the $1,000 limit on administrative  
          expenses, which was last raised in 1981, was no longer  
          sufficient to cover bingo-operating costs.  Charities stated an  
          increase was needed because it has become necessary for  
          nonprofits to hire security due to the increase in armed  
          robberies at bingo games. 

          Due to fewer dollars available to charitable organizations from  
          the state, the trend has been toward larger games conducted in  
          bingo parlors. These games are commercialized, and held usually  
          in custom designed facilities on a seven-day a week basis,  
          raising and handling large sums of money.

           Purpose of the bill  .  According to the author, this bill is  
          needed to make up for increased operational costs related to  
          inflation and increased property rental costs to conduct  
          charitable bingo.  No increase has occurred since 1993 for  
          administrative expenses that are borne by charities.  In  
          essence, the $2,000 monthly limit on the portion of charitable  
          bingo proceeds that may be used for property rental and overhead  
          expenses reflects 1993 economics.  A $3,000 monthly limit  
          reflects 2008 economics.

           Prior legislation  .  AB 839 (Torrico), Chapter 707, Statutes of  
          2006.  Provides statutory authority for specified nonprofit  








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          organizations to conduct described fundraisers using controlled  
          games (i.e., poker nights).

          SB 639 (McPherson) Chapter 778, Statutes of 2000.  Enabling  
          legislation to implement SCA 4, permitting the legalization and  
          regulation of charitable raffles as described in California.
           
           SCA 4 (McPherson) Chapter 123, Statutes of 1999.  Became  
          Proposition 17 of 2000, was enacted by the electorate, and  
          amended the State Constitution to permit the Legislature to       
               authorize private, nonprofit, eligible organizations to  
          conduct raffles as funding mechanisms to support their own or  
          other private, nonprofit beneficial and charitable works.

          SB 1810 (Davis) Chapter 445, Statutes of 1998.  Required all  
          individuals involved in charitable fundraising, to register with  
          the Attorney General to provide sufficient information to  
          identify and contact any entity engaged in possible illicit  
          activity as specified.  

           SB 8 (Lockyer) Chapter 867, Statutes of 1997.  Repealed and  
          re-enacted The Gambling Control Act providing for the regulation  
          of non-Indian gambling in California.

          AB 1216 (Harvey), Chapter 394, Statutes of 1993.  Raised the  
          portion of proceeds from bingo games presently allowed to be  
          used for the monthly rental of property and specified overhead  
          costs, from 20 percent or $1,000 whichever is less, to 20  
          percent or $2,000 whichever is less.  This amount is taken  
          before the deduction of prizes.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          None on file.

           Opposition 
           
          None on file.
           
          Analysis Prepared by  :    Eric Johnson / G. O. / (916) 319-2531