Bill Text: CA AB2513 | 2019-2020 | Regular Session | Amended
Bill Title: California State Lottery.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2020-05-05 - Re-referred to Com. on G.O. [AB2513 Detail]
Download: California-2019-AB2513-Amended.html
|
Amended
IN
Assembly
May 04, 2020 |
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
Assembly Bill
No. 2513
| Introduced by Assembly Member Kiley |
February 19, 2020 |
An act to amend Section 17001 of the Revenue and Taxation Code, Sections 8880.24, 8880.35, 8880.45, 8880.56, and 8880.64 of, and to add Section 8880.3.5 to, the Government Code, relating to taxation. the California State Lottery.
LEGISLATIVE COUNSEL'S DIGEST
AB 2513, as amended, Kiley.
Personal income tax. California State Lottery.
The California State Lottery Act of 1984, an initiative measure approved by the voters at the November 6, 1984, statewide general election, authorizes a California State Lottery and provides for its operation and administration by the California State Lottery Commission.
Existing law prohibits more than 13% of the total annual revenues of the lottery from being allocated for the payment of expenses of the lottery, which includes, among other things, the costs of advertising and promotion. Existing law, to become operative following notification from the Controller to the Legislature and the Governor that certain events have occurred, changes the revenue allocation formula so that not more than 16% of the total annual revenues shall be allocated for payment of
expenses of the lottery, including advertising and promotion. Existing law authorizes the commission, as a promotional expense, to supplement the prize pool of a game upon its determination that a supplement will benefit the public purpose of the act.
This bill would prohibit the commission from expending any revenues of the lottery on advertising or promotion for the lottery and would make conforming changes.
Existing law requires the commission to ensure that the overall estimated odds of winning some prize or prizes in a particular lottery game are posted on all television and print advertising related to that game.
This bill instead would require the commission to ensure that the overall estimated odds of winning some prize or prizes in a particular lottery game are posted at locations where lottery tickets for that game are sold.
The
California Constitution authorizes the Legislature to amend or repeal an initiative statute by another statute that becomes effective when approved by the electors.
This bill would become effective only when submitted to, and approved by, the voters. The bill would require the Secretary of State to submit the bill for approval by the voters at a statewide general election.
The Personal Income Tax Law imposes taxes on the entire taxable income of California residents and on the taxable income of nonresidents derived from sources in California.
This bill would make nonsubstantive changes to the provision that names that law.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 8880.3.5 is added to the Government Code, to read:8880.3.5.
Notwithstanding Section 8880.70, the commission shall not expend any revenues of the lottery on advertising or promotions for the lottery.SEC. 2.
Section 8880.24 of the Government Code is amended to read:Powers and Duties of the Commission
(a)
8880.24.
(a) The California State Lottery Commission shall exercise all powers necessary to effectuate the purposes of this chapter. In all decisions, the commission shall take into account the particularly sensitive nature of the California State Lottery and shall act to promote and ensure integrity, security, honesty, and fairness in the operation and administration of the Lottery.(b) In decisions relating to advertising and promotion of the California State Lottery, the commission shall ensure that the California State Lottery complies with both the letter and spirit of the laws governing false and misleading advertising, including Section 17500 et seq. of the Business and Professions Code. The
commission shall also ensure that the overall estimated odds of winning some prize or prizes in a particular lottery game are posted on all television and print advertising, exclusive of outdoor advertising displays, signs, or banners, related to that game. at locations where lottery tickets for that game are sold.
SEC. 3.
Section 8880.35 of the Government Code is amended to read:8880.35.
The director shall, subject to the approval of the commission, perform all duties, exercise all powers and jurisdiction, assume and discharge all responsibilities, and carry out and effect all purposes of this chapter. The director shall act as secretary of the commission and executive officer of the lottery. The director shall supervise and administer the operation of the lottery in accordance with this chapter and the regulations promulgated by the commission. In addition, the director shall have access to criminal history information pursuant to Sections 11105 and 11105.01 of the Penal Code. In all decisions, the director shall take into account the particularly sensitive nature of the California State Lottery and shall act to promote and ensure integrity, security, honesty, and fairness of the operation and administration of the lottery.SEC. 4.
Section 8880.45 of the Government Code is amended to read:Study of the Effectiveness of Lottery Communications
After
8880.45.
After the first full year of sales to the public, the Director shall engage an independent firm experienced in the analysis ofSEC. 5.
Section 8880.56 of the Government Code is amended to read:8880.56.
(a) Notwithstanding any other(b) Notwithstanding any other provision of this chapter, the following shall apply to contracts or procurement by the lottery:
(1) To ensure the fullest competition, the commission shall adopt and publish competitive bidding procedures for
the award of any procurement or contract involving an expenditure of more than one hundred thousand dollars ($100,000). The competitive bidding procedures shall include, but not be limited to, requirements for submission of bids and accompanying documentation, guidelines for the use of requests for proposals, invitations to bid, or other methods of bidding, and a bid protest procedure. The director shall determine whether the goods or services subject to this paragraph are available through existing contracts or price schedules of the Department of General Services.
(2) The contracting standards, procedures, and rules contained in this subdivision shall also apply with respect to any subcontract involving an expenditure of more than one hundred thousand dollars ($100,000). The commission shall establish, as part of its bidding procedures for general contracts, subcontracting guidelines that implement this requirement.
(3) The provisions of Article 1 (commencing with Section 11250) of Chapter 3 of Part 1 of Division 3 apply to the commission.
(4) The commission is subject to the Small Business Procurement and Contract Act, as provided in Chapter 6.5 (commencing with Section 14835) of Part 5.5 of Division 3.
(5) In advertising soliciting or awarding any general contract for the procurement of goods and services exceeding five hundred thousand dollars ($500,000), the commission and the director shall require all bidders or contractors, or both, to include specific plans or arrangements to utilize subcontracts with socially and economically
disadvantaged small business concerns. The subcontracting plans shall delineate the nature and extent of the services to be utilized, and those concerns or individuals identified for subcontracting if known.
It
(A) It is the intention of the Legislature in enacting this section to establish as an objective of the utmost importance the advancement of business opportunities for these small business concerns in the private business activities created by the California State Lottery. In that regard, the commission and the director shall have an affirmative duty to achieve the most feasible and
practicable level of participation by socially and economically disadvantaged small business concerns in its procurement programs.
By
(B) By July 1, 1986, the commission shall adopt proposal evaluation procedures, criteria, and contract terms which that are consistent with the advancement of business opportunities for small business concerns in the private business activities created by the California State
Lottery and which that will achieve the most feasible and practicable level of participation by socially and economically disadvantaged small business concerns in its procurement programs. The proposal evaluation procedures, criteria, and contract terms adopted shall be reported in writing to both houses of the Legislature on or before July 1, 1986.
For
(C) For the purposes of this section, socially and
economically disadvantaged persons include women, Black Americans, Hispanic Americans, Native Americans (including American Indians, Eskimos, Aleuts, and Native Hawaiians), Asian-Pacific Americans (including persons whose origins are from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the United States Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia, and Taiwan), and other minorities or any other natural persons found by the commission to be disadvantaged.
The
(D) The commission shall report to the Legislature by July 1, 1987, and by each July 1 thereafter, on the
level of participation of small businesses, socially and economically disadvantaged businesses, and California businesses in all contracts awarded by the commission.
(6) The commission shall prepare and submit to the Legislature by October 1 of each year a report detailing the lottery’s purchase of goods and services through the Department of General Services. The report shall also include a listing of contracts awarded for more than one hundred thousand dollars ($100,000), the name of the contractor, amount and term of the contract, and the basis upon which the contract was awarded.
The
(c) The lottery shall fully comply with the requirements of paragraphs (2) to (5), inclusive, of subdivision (b), except that any function or role which that is otherwise the responsibility of the Department of Finance or the Department of General Services shall instead, for purposes of this subdivision, subdivision (b), be the sole responsibility of the lottery, which shall have the sole authority to perform that function or role.
SEC. 6.
Section 8880.64 of the Government Code, as amended by Section 6 of Chapter 56 of the Statutes of 2011, is amended to read:8880.64.
(a) Expenses of the lottery shall include all costs incurred in the operation and administration of the lottery and all costs resulting from any contracts entered into for the purchase or lease of goods and services required by the lottery, including, but not limited to, the costs of supplies, materials, tickets, independent audit services, independent studies, data transmission,(b) (1) Not more than 13 percent of the total annual revenues accruing from the sale of all lottery tickets and shares from all lottery games shall be expended for the payment of the expenses of the lottery.
(2) Expenses recorded as a result of a nonmonetary exchange shall not be considered an expense for the purposes of Section 8880.4 and this section. “Nonmonetary exchange” means a reciprocal transfer, in compliance with generally accepted accounting principles, between the lottery and another entity that results in the lottery acquiring assets or services and the
lottery providing assets or services.
(c) This section shall become inoperative on April 1 of the year following notification from the Controller to the Legislature and the Governor that the events described in paragraphs (1) and (2) of subdivision (c) of Section 8880.4.5 have occurred, and as of the following January 1 is repealed, unless a later enacted statute, that is enacted before January 1 of that following year, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 7.
Section 8880.64 of the Government Code, as amended by Section 7 of Chapter 56 of the Statutes of 2011, is amended to read:8880.64.
(a) Expenses of the lottery shall include all costs incurred in the operation and administration of the lottery and all costs resulting from any contracts entered into for the purchase or lease of goods and services required by the lottery, including, but not limited to, the costs of supplies, materials, tickets, independent audit services, independent studies, data transmission,(b) (1) Not more than 16 percent of the total annual revenues accruing from the sale of all lottery tickets and shares from all lottery games shall be expended for the payment of the expenses of the lottery.
(2) Expenses recorded as a result of a nonmonetary exchange shall not be considered an expense for the purposes of Section 8880.4 and this section. “Nonmonetary exchange” means a reciprocal transfer, in compliance with generally accepted accounting principles, between the lottery and another entity that results in the lottery acquiring assets or services and the
lottery providing assets or services.
(c) This section shall become operative on April 1 of the year following notification from the Controller to the Legislature and the Governor that the events described in paragraphs (1) and (2) of subdivision (c) of Section 8880.4.5 have occurred.
SEC. 8.
Sections 1 to 7, inclusive, of this act amend the California State Lottery Act of 1984, an initiative measure approved by the voters at the November 6, 1984, statewide general election, and shall become effective only when submitted to and approved by the voters. The Secretary of State shall submit Sections 1 to 7, inclusive, of this act for approval by the voters at a general statewide election in accordance with Section 9040 of the Elections Code.This part shall be known, and may be cited, as the “Personal Income Tax Law.”
