BILL NUMBER: SB 386 AMENDED 06/07/93 BILL TEXT AMENDED IN SENATE JUNE 7, 1993 AMENDED IN SENATE MARCH 29, 1993 INTRODUCED BY Senator Dills FEBRUARY 23, 1993 {- An act to repeal and add Section 8880.28 of the Government -} {+ An act to add Section 319.3 to the Penal +} Code, relating to the state lottery. LEGISLATIVE COUNSEL'S DIGEST SB 386, as amended, Dills. {- State lottery -} {+ Gaming +} : limitation on games. (1) The {+ California Constitution provides that the Legislature has no power to authorize lotteries and shall prohibit the sale of lottery tickets in the state. The California Constitution also provides that notwithstanding these provisions, there is authorized the establishment of the California State Lottery. Existing provisions in the Penal Code generally define and prohibit lotteries and provide that every person who contrives, prepares, sets up, proposes, or draws any lottery in violation of these provisions is guilty of a misdemeanor. Existing provisions in the Government Code include the +} California State Lottery Act of 1984 {+ , which +} requires the {+ California State +} Lottery Commission to promulgate rules and regulations specifying the types of lottery games to be conducted {- by the Lottery -} {+ , +} provided that, among other things, no lottery game may use the theme of bingo, roulette, dice, baccarat, blackjack, Lucky 7's, draw poker, slot machines, dog racing, or horseracing, and {- providing -} {+ provided +} that in games utilizing computer terminals or other devices, no coins or currency shall be dispensed to players from these computer terminals or devices. {- This bill would revise the above provision to repeal the requirement that the commission promulgate rules and regulations relating to the types of lottery games that may be conducted by the Lottery and, instead, would expressly prohibit any lottery game from using any theme based on, or similar to bingo, slot machines, dog racing, or horseracing or to casino games such as roulette, poker, dice, baccarat, blackjack, or Lucky 7's. The bill would also expressly prohibit any lottery game, except keno, as specified -} {+ This bill would add to the above provisions of the Penal Code relating to lotteries, a provision that expressly prohibits any lottery game, except keno as played under regulations approved by the California State Lottery Commission on October 14, 1992 +} , from being played upon any computer terminal, video terminal, or any other similar device {- , and would prohibit other activities relating to the use of these terminals and devices, as specified. -} {+ In addition, the bill would provide that (a) no lottery game, including keno, may make use of any computer terminal, video terminal, or any other similar device into which coins or currency could be deposited and that would indicate either on the terminal or device, or in any material dispensed from the terminal device, whether the player had won a prize; (b) no computer terminal, video terminal, or any other similar device shall dispense or otherwise give coins, currency, or credits to players of these terminal or devices; and that these provisions shall not apply to the use of computer terminals, video terminals, or any other similar devices for dispensing tickets to players of lottery games under the California State Lottery Act. Because these provisions would create a new crime, the bill would impose a state-mandated local program. +} (2) {- As an initiative measure, the act -} {+ The California State Lottery Act of 1984, an initiative measure, +} 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, which would declare that it furthers the purposes of the act, would {+ , +} therefore {+ , +} require a 2/3 vote. {+ (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. +} Vote: 2/3. Appropriation: no. Fiscal committee: yes. State-mandated local program: {- no -} {+ yes +} . THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: {- SECTION 1. Section 8880.28 of the Government -} {+ SECTION 1. Section 319.3 is added to the Penal Code, to read: 319.3. With the exception of keno, as played under regulations approved by the California State Lottery Commission pursuant to Section 8880.24 of the Government Code, no lottery game may be played upon any computer terminal, video terminal, or any other similar device. No lottery game, including keno, may make use of any computer terminal, video terminal, or any other similar device into which coins or currency could be deposited and that would indicate either on the terminal or device, or in any material dispensed from the terminal or device, whether the player had won a prize. No computer terminal, video terminal, or any other similar device shall dispense or otherwise give coins, currency, or credits to players of these terminals or devices. This section shall not apply to the use of computer terminals, video terminals, or any other similar devices dispensing tickets to players of lottery games under the California State Lottery Act of 1984 pursuant to Chapter 12.5 (commencing with Section 8880) of Division 1 of Title 2 of the Government Code. SEC. 2. +} {- Code is repealed. SEC. 2. Section 8880.28 is added to the Government Code, to read: 8880.28. No lottery game may use any theme based on or similar to, bingo, slot machines, dog racing, or horseracing or to casino games such as roulette, poker, dice, baccarat, blackjack, or Lucky 7's. (b) In lottery games utilizing tickets, each ticket in that game shall bear a unique number distinguishing it from every other ticket in that game; and no name of an elected official shall appear on these tickets. (c) With the exception of keno, as played under regulations approved by the commission on October 14, 1992, no lottery game may be played upon any computer terminal, video terminal, or any other similar device. No lottery game, including keno, may make use of any computer terminal, video terminal, or any other similar device into which coins or currency could be deposited and that would indicate either on the terminal or device, or in any material dispensed from the terminal or device, whether the player had won a prize. No computer terminal, video terminal, or any other similar device shall dispense or otherwise give coins, currency, or credits to players of these terminals or devices. This subdivision shall not apply to the use of computer terminals, video terminals, or any other similar devices for dispensing tickets for lottery games to the players of lottery games. SEC. 3. -} The Legislature finds and declares that this act furthers the purposes of the California State Lottery Act of 1984. {+ SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs which may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, changes the definition of a crime or infraction, changes the penalty for a crime or infraction, or eliminates a crime or infraction. Notwithstanding Section 17580 of the Government Code, unless otherwise specified in this act, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution. +}