BILL ANALYSIS                                                                                                                                                                                                    �



                                                                      



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          |SENATE RULES COMMITTEE            |                   AB 363|
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                                    CONSENT


          Bill No:  AB 363
          Author:   Hayashi (D)
          Amended:  4/14/11 in Assembly
          Vote:     27

           
           SENATE GOVERNMENTAL ORG. COMMITTEE  :  12-0, 6/14/11
          AYES:  Wright, Anderson, Calderon, Cannella, Corbett, De 
            Le�n, Evans, Hernandez, Padilla, Strickland, Wyland, Yee
          NO VOTE RECORDED:  Berryhill

           ASSEMBLY FLOOR  :  78-0, 5/19/11 - See last page for vote


           SUBJECT  :    California State Lottery

           SOURCE  :     John Chiang, California State Controller


           DIGEST  :    This bill (1) changes the reporting date for the 
          California State Controller(Controller) to make specific 
          reports to the Legislature from December 31 to April 1, for 
          each of the next five years regarding the State Lottery's 
          efforts to boost income for public education, and (2) 
          extends the operation of the change described above until 
          April 1 of the year following notification of the 
          Legislature and the Governor by the Controller that 
          specified events relating to the total net revenues 
          allocated to the benefit of public education have occurred, 
          and the prior law will be restored at that time.

           ANALYSIS  :    

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           Existing law  :

          1. The California State Lottery Act of 1984, enacted by 
             initiative, authorizes a California State Lottery and 
             provides for its operation and administration by the 
             California State Lottery Commission and the Director of 
             the California State Lottery.

          2. Requires the Commission to establish the percentage of 
             total annual revenues of the state lottery to be 
             allocated to the benefit of public education at a level 
             that maximizes the total net revenues allocated for the 
             benefit of public education.

          3. Requires the Controller, by September 1 of each fiscal 
             year for five years following the enactment of this 
             provision, to report to the Legislature whether 
             specified events relating to the total net revenues 
             allocated to the benefit of public education have 
             occurred and, if so, to notify the Legislature and the 
             Governor. 

          4. Requires the Controller to convene a lottery review 
             group to report to the Legislature, no later than 
             December 31 following the final fiscal year of that 
             five-year period, on whether certain provisions have 
             furthered the purposes of the Lottery Act.

          5. Under existing law, those provisions shall remain in 
             effect only until December 31 of the year of 
             notification from the Controller to the Legislature and 
             the Governor that those specified events relating to the 
             total net revenues allocated to the benefit of public 
             education have occurred, and the prior law will be 
             restored at that time.

          This bill:

          1. Changes the reporting date for the California State 
             Controller to make specific reports to the Legislature 
             from December 31 to April 1, for each of the next five 
             years, regarding the State Lottery's efforts to boost 
             income for public education.


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          2. Extends the operation of the change described above 
             until April 1 of the year following notification of the 
             Legislature and the Governor by the Controller that 
             specified events relating to the total net revenues 
             allocated to the benefit of public education have 
             occurred, and the prior law will be restored at that 
             time.

           Background
           
          AB 142 (Hayashi) of 2010 required the State Lottery to 
          allocate revenues to maximize the amount of funding 
          allocated to the public education system in California.  
          The bill also required the Controller to report to the 
          Legislature whether specified events relating to the total 
          net revenues allocated to the benefit of public education 
          have occurred, and whether certain actions have furthered 
          the purpose of the California State Lottery Act.  The 
          reports are due September 1 and December 31, respectively, 
          following the final fiscal year of that five-year period.

          The State Controller's office reports that completing the 
          review by the dates required by law has been problematic 
          because the Division of Audits only receives the 
          information necessary to conduct the reports during the 
          last week of August and the last week of October, 
          respectively.  By extending these deadlines a few months, 
          this bill would provide the Division of Audits with the 
          necessary time to perform a quarterly review and to 
          determine if the Lottery is in compliance with AB 142.

           Related legislation  

          AB 142 (Hayashi), Chapter 13, Statutes 2010, modified the 
          allocation formula of the Act of 1984, also known as 
          Proposition 37.  Repeals the modifications to the 
          allocation formula if the Controller determines that 
          revenues allocated to the benefit of public education by 
          the Lottery are less than what would have been allocated if 
          the law were not changed.  

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


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           SUPPORT  :   (Verified  6/14/11)

          John Chiang, California State Controller (source)

           ARGUMENTS IN SUPPORT  :    In support of the bill, the 
          Controller states that this bill would provide his office 
          with additional time to review and report on the State 
          Lottery's allocations to public education by extending the 
          deadline to determine whether total net revenues allocated 
          by the State Lottery has increased or decreased for the 
          next five years, beginning in 2010.  


           ASSEMBLY FLOOR  : 
          AYES: Achadjian, Allen, Ammiano, Atkins, Beall, Bill 
            Berryhill, Block, Blumenfield, Bonilla, Bradford, 
            Brownley, Buchanan, Butler, Charles Calderon, Campos, 
            Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, 
            Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani, 
            Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Grove, 
            Hagman, Halderman, Hall, Harkey, Hayashi, Roger 
            Hern�ndez, Hill, Huber, Hueso, Huffman, Jeffries, Jones, 
            Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor, 
            Mendoza, Miller, Mitchell, Monning, Morrell, Nestande, 
            Nielsen, Norby, Olsen, Pan, Perea, V. Manuel P�rez, 
            Portantino, Silva, Skinner, Smyth, Solorio, Swanson, 
            Torres, Valadao, Wagner, Wieckowski, Williams, Yamada, 
            John A. P�rez
          NO VOTE RECORDED: Alejo, Gorell


          PQ:do  6/15/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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