BILL ANALYSIS
Bill No: SB
1484
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Roderick D. Wright, Chair
2009-2010 Regular Session
Staff Analysis
SB 1484 Author: Committee on Governmental Organization
As Introduced: March 8, 2010
Hearing Date: April 27, 2010
Consultant: Chris Lindstrom
SUBJECT
Remote caller bingo.
DESCRIPTION
SB 1484 makes a technical, conforming change to the
permissive model ordinance language found in the Remote
Caller Bingo Act of 2008.
Specifically, the bill conforms the permissive model
ordinance language in the Act, which states that remote
caller bingo games shall not be conducted on more than two
days a week, to state law, which provides that an
organization shall not conduct remote caller bingo more
than one day a week.
EXISTING LAW
Existing law provides that the Legislature, by statute, may
authorize cities and counties to allow for the play of
bingo games, but only for charitable purposes [California
Constitution, Article IV, Section 19 (c)].
Existing law permits cities, counties, and cities and
counties to allow remote caller bingo games to be conducted
by specified tax exempt and nonprofit organizations for
charitable purposes, subject to provisions of law which, if
violated, constitute a crime.
SB 1484 (Committee on Governmental Organization)
continuedPage 2
Existing law authorizes specified tax-exempt and nonprofit
organizations that have been incorporated or in existence
for three years or more and that are not organized for the
primary purpose of operating bingo to conduct remote caller
bingo games no more than one day per week.
Existing law defines a "remote caller bingo game" as a game
of bingo in which numbers or symbols on randomly drawn
plastic balls are announced by a person present at the site
at which the live game is conducted, and audio and video
technology links in-state facilities for the purpose of
transmitting the remote calling of a live bingo game from a
single location to multiple locations.
Existing law requires an authorized organization to provide
the California Gambling Control Commission (CGCC) with at
least 30 days advanced written notice of its intent to
conduct remote caller bingo games, and submit specified
information about the organizations, locations, vendors,
and licensees involved in the operation of the games, as
well as, a copy of the local ordinance for the counties in
which the games will be played.
Existing law contains "permissive model ordinance" language
which local jurisdictions may adopt to authorize remote
caller bingo.
BACKGROUND
Purpose of the bill . SB 1484 is a technical clean-up bill
that corrects an error contained in the California Remote
Caller Bingo Act. The bill is intended to prevent local
governments from adopting ordinances which may result in
charities acting in violation of state law.
Specifically, the bill corrects an inadvertent drafting
error made to the permissive model code language contained
in the Act relative to the number of days in a week that an
eligible nonprofit organization may conduct a remote caller
bingo game. The permissive model ordinance language in the
Act provides that the play of remote caller bingo shall not
be more than two times a week. State law, which is
controlling, provides that eligible organizations may not
operate remote caller bingo more than one day a week.
SB 1484 brings the permissive model ordinance language in
SB 1484 (Committee on Governmental Organization)
continuedPage 3
line with state law.
Background . SB 1369 (Chapter 748, Statutes of 2008)
authorizes local governments to adopt ordinances for the
play of remote caller bingo once a week by specified
organizations. SB 126 (Chapter 562, Statutes of 2009)
added a model ordinance in the remote caller bingo law that
could be used by local jurisdictions to authorize the play
of remote caller bingo no more than two times a week.
This proposal will eliminate the conflicting language in
the Act by bringing the reference in the permissive model
ordinance regarding the number of days that eligible
organizations may play remote caller bingo per week in line
with state law.
In 2008, SB 1369 (Chapter 748, Statutes of 2008) was
enacted. Primarily, SB 1369 banned the use of electronic
bingo (ebingo) machines. In addition, SB 1369 authorized
the play of remote caller bingo in jurisdictions that have
a remote caller bingo ordinance, and created a mitigation
fund to minimize the impacts to the charities that
previously operated ebingo machines. Arguably, remote
caller bingo was authorized to create an alternative or
substitute revenue source to compensate charities for the
loss of revenues that they previously realized from the
operation of ebingo machines. Additionally, other
charities which did not operate ebingo machines viewed
remote caller bingo as a new opportunity to raise much
needed funds to support their charitable work and were
eager to begin the operation of remote caller bingo.
Last year, charities indicated that their ability to
operate remote caller bingo games was retarded as a result
of local governments not adopting remote caller bingo
ordinances. The charities solution was to place a
permissive model ordinance in law that the locals could use
as a template to adopt their own remote caller bingo
ordinances. In response, amendments were taken in the
Assembly to SB 126 (Chapter 562, Statutes of 2009) which
added a permissive model ordinance to the Remote Caller
Bingo Act.
Inadvertently, when the permissive model ordinance language
was drafted, it specified that remote caller bingo could be
operated no more than two times a week when state law
SB 1484 (Committee on Governmental Organization)
continuedPage 4
restricts the play of remote caller bingo to one day a
week. SB 1484 brings the language in the permissive model
ordinance in line with state law.
PRIOR/RELATED LEGISLATION
SB 1090 (Cedillo), 2009-2010 Legislative Session . Modifies
the permissive model ordinance language contained in the
Remote Caller Bingo Act of 2008 to allow an organization to
file, along with its application to the local licensing
official to operate a bingo game, "appropriate
documentation or a certificate issued by the Franchise Tax
Board" to demonstrate that the applicant is an eligible tax
exempt organization authorized to operate a remote caller
bingo game. (Pending referral in Assembly Rules Committee)
SB 126 (Cedillo), Chapter 562, Statutes of 2009 . Deletes
reference to school districts in the provisions specifying
the organizations that may conduct remote caller bingo
games and instead authorizes "charitable organizations
affiliated with a school district" to conduct remote caller
bingo games. Contains permissive model ordinance language
for local governing bodies to use. Deletes requirement
that the California Gambling Control Commission establish
criteria for registering manufacturers and distributors.
Makes other technical and conforming changes.
AB 1036 (Niello), 2009-2010 Legislative Session . Would
allow a maximum of 100 unaffiliated organizations to enter
into an agreement to cosponsor a remote caller bingo game
if the game does not have more than 100 locations. (Died
in Assembly Governmental Organization Committee pursuant to
Joint Rule 56)
SB 1369 (Cedillo), Chapter 748, Statutes of 2008 .
Authorizes nonprofit organizations, mobile-home park
associations, senior citizens organizations, and
organizations affiliated with school districts that have
been incorporated or in existence for three years or more
to conduct "remote caller bingo".
SB 1328 (Cedillo), 2007-2008 Legislative Session . Would
have permitted local jurisdictions to adopt an ordinance to
allow specified not for profit organizations to play remote
caller bingo, as defined. (Held in Senate Governmental
Organization Committee)
SB 1484 (Committee on Governmental Organization)
continuedPage 5
SUPPORT / OPPOSITION : None on file as of April 23, 2010.
FISCAL COMMITTEE: No.
**********