Bill Text: CA SB831 | 2009-2010 | Regular Session | Chaptered
Bill Title: California State Lottery: multistate lottery.
Spectrum: Slight Partisan Bill (Democrat 9-4)
Status: (Passed) 2009-10-11 - Chaptered by Secretary of State. Chapter 207, Statutes of 2009. [SB831 Detail]
Download: California-2009-SB831-Chaptered.html
BILL NUMBER: SB 831 CHAPTERED
BILL TEXT
CHAPTER 207
FILED WITH SECRETARY OF STATE OCTOBER 11, 2009
APPROVED BY GOVERNOR OCTOBER 11, 2009
PASSED THE SENATE MAY 18, 2009
PASSED THE ASSEMBLY AUGUST 27, 2009
AMENDED IN SENATE MAY 5, 2009
INTRODUCED BY Committee on Governmental Organization (Senators
Wright (Chair), Benoit, Calderon, Denham, Florez, Harman, Negrete
McLeod, Oropeza, Padilla, Romero, Wiggins, Wyland, and Yee)
MARCH 19, 2009
An act to amend Section 8880.321 of the Government Code, relating
to the California State Lottery, and declaring the urgency thereof,
to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 831, Committee on Governmental Organization. California State
Lottery: multistate lottery.
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, with certain limitations.
The act gives a player the right to claim prize money for 180 days
after a lottery drawing.
This bill would give a player up to one year to claim prize money
for a jackpot or grand prize won in a multistate lottery game.
The California State Lottery Act of 1984 provides that none of its
provisions may be changed except to further its purpose by a bill
passed by a 2/3 vote of each house of the Legislature and signed by
the Governor.
This bill would declare that its provisions further the purpose of
the act.
This bill would declare that it is to take effect immediately as
an urgency statute.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8880.321 of the Government Code is amended to
read:
8880.321. The commission shall promulgate regulations to
establish a system of verifying the validity of prizes and to effect
payment of the prizes, provided that:
(a) For convenience of the public, lottery game retailers may be
authorized by the commission to pay winners of up to six hundred
dollars ($600) after performing validation procedures on their
premises appropriate to the lottery game involved.
(b) No prize may be paid arising from tickets or shares that are
stolen, counterfeit, altered, fraudulent, unissued, produced or
issued in error, unreadable, not received or not recorded by the
lottery by applicable deadlines, lacking in captions that confirm and
agree with the lottery play symbols required by the lottery game
involved, purchased by a minor, or not in compliance with additional
specific rules and regulations and confidential validation and
security tests appropriate to the particular lottery game. The
lottery may pay a prize even though the actual winning ticket is not
received by the lottery if the lottery validates the claim for the
prize based upon substantial proof. "Substantial proof" means any
evidence that would permit the lottery to use established validation
procedures, as specified in lottery regulations, to validate the
claim.
The commission may require that any form relating to a claim for a
prize shall be signed under penalty of perjury. This declaration
shall meet the requirements of Section 2015.5 of the Code of Civil
Procedure.
(c) No particular prize in any lottery game shall be paid more
than once.
(d) The commission may specify that winners of less than
twenty-five dollars ($25) claim the prizes from either the same
lottery game retailer from whom the ticket or share was purchased or
from the lottery itself.
(e) Players shall have the right to claim prize money for 180 days
after the drawing or the end of the lottery game or play in which
the prize was won, or, if a multistate lottery game, up to one year
for jackpots and grand prizes. The commission may define shorter time
periods for eligibility for participation in, and entry into,
drawings involving entries or finalists. If a valid claim is not made
for a prize directly payable by the commission or for any online
game prize within the period applicable for that prize, the unclaimed
prize money shall be treated as set forth in subdivision (a) of
Section 8880.4 or, commencing with the 2009-10 fiscal year, be
treated as total revenues as set forth in Section 8880.4.5.
(f) After the expiration of the claim period for prizes for each
lottery game, the commission shall make available a detailed
tabulation of the total number of tickets or shares actually sold in
a lottery game and the total number of prizes of each prize
denomination that were actually claimed and paid directly by the
commission.
(g) A ticket or share shall not be purchased by, and a prize shall
not be paid to, a member of the commission, any officer or employee
of the commission, any officer or employee of the Controller who is
designated in writing by the Controller as having possible access to
confidential lottery information, programs, or systems, or any
spouse, child, brother, sister, or parent of that person who resides
within the same household of the person. Any person who knowingly
sells or purchases a ticket or share in violation of this section, or
who knowingly claims or attempts to claim a prize with a ticket or
share that was purchased or sold in violation of this section, is
guilty of a misdemeanor.
(h) No prize shall be paid to any person under the age of 18
years. Any person who knowingly claims or attempts to claim a prize
with a ticket or share purchased by a person under the age of 18
years is guilty of a misdemeanor.
SEC. 2. The Legislature finds and declares that this act furthers
the purpose of the California State Lottery Act of 1984, enacted by
Proposition 37 at the November 6, 1984, general election.
SEC. 3. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to comply with the writ of mandate in California
Coalition Against Gambling Expansion v. California State Lottery
Commission (Sacramento County Superior Court Case No. 05CS00984) at
the earliest possible time, it is necessary for this act to take
effect immediately.
