SB 383 California Senate · 2011-2012 Regular Session

Remote caller bingo.

Summary
The California Constitution allows the Legislature, by statute, to authorize cities and counties to provide for bingo games for charitable purposes. Existing law authorizes cities and counties to permit eligible nonprofit organizations to conduct bingo games and remote caller bingo games, as defined, for charitable purposes pursuant to an ordinance that allows those games to be conducted in accordance with specified requirements. Existing law sets forth a model ordinance for a city, county, or city and county to authorize remote caller bingo, and prohibits an organization from conducting remote caller bingo more than 2 days per week. Existing law requires an organization authorized to conduct remote caller bingo games to provide at least 30 days' advance written notice of its intent to conduct a remote caller bingo game. This bill additionally would permit a city, county, or city and county to amend an existing local ordinance that allows bingo games to be conducted within that jurisdiction, by resolution, to permit the conduct of remote caller bingo games pursuant to that ordinance, as specified. The bill would include among those organizations eligible to conduct remote caller bingo a charitable organization affiliated with a community college district. The bill would prohibit an organization from conducting remote caller bingo more than 2 days per week, but would permit an organization to hold one additional game, at its election, in each calendar quarter. The bill would require an organization authorized to conduct remote caller bingo games to provide at least 10 days' advance written notice of intent to conduct a remote caller bingo game on a form prescribed by the city, county, or city and county, and to provide notice within 24 hours if the location of the remote caller bingo game changes. The bill also would repeal the model ordinance. Existing law requires the California Gambling Control Commission to regulate remote caller bingo, including licensure and operation. Among other things, any person who conducts a remote caller bingo game and any person who manufactures or otherwise provides equipment for use in the playing of a remote caller bingo game are required to be licensed. Existing law also requires the commission to approve all equipment used for remote caller bingo in advance, to monitor operation of the transmission and other equipment used for remote caller bingo, and to monitor the game. This bill would delete all state licensure requirements for the conduct of remote caller bingo, and would, instead, require the local licensing entity to provide the name of the licensee, term of the license, and local contact information to the commission, as specified. The bill would require the commission to post this information on its Internet Web site. The bill would require the commission or the department to maintain a registry of all organizations registered to conduct remote caller bingo and the dollar amount received by those organizations to repay a specified loan to the Charitable Bingo Mitigation Fund. The bill would authorize the commission or the department to charge a fee not to exceed $500, to be deposited into the California Bingo Fund, to cover the actual costs to administer and enforce these provisions, and would authorize the commission or the department to adopt regulations in that regard. The bill would make other technical and conforming changes relating to the duties of the department and the commission, including setting forth procedures for a city, county, or city and county, as the local licensing entity, to request a background check from the department. The bill would authorize the department to charge a fee sufficient to cover the cost of processing the background check, and would provide for the deposit of that fee revenue into the Fingerprint Fees Account, to be continuously appropriated to the department for that cost. By providing for a continuous appropriation, the bill would make an appropriation. The bill also would require the department to conduct a background investigation of each management company and to conduct field enforcement, as specified. The bill would delete the requirement that the commission approve all equipment used for remote caller bingo in advance, but would require the city, county, or city and county to monitor operation of the transmission and other equipment used for remote caller bingo and to monitor the game. The bill would authorize the commission or the department to audit the books and records of a licensed organization or a management company contracted by a licensed organization to conduct remote caller bingo at any time and to charge a fee for the audit. The bill would require the audit information to be made available to the public upon request. Additionally, the bill would require a management company to retain an independent California certified public accountant to conduct an annual audit of its books and records, and would subject a management company to a civil penalty for filing false information with the commission or the department. The bill would permit an authorized organization to contract with a management company to provide business services, but would require the organization to give notice of the contract to the city, county, or city and county and to meet other requirements, as specified. The bill would require the live, physical calling and broadcast of a remote caller bingo game to be conducted from a jurisdiction that authorizes by local ordinance the conduct of remote caller bingo games. This bill would make additional changes relating to the requirements for cosponsoring remote caller bingo games, and would simplify other procedures and requirements applicable to the conduct of remote caller bingo games. Under existing law, any violation of the remote caller bingo provisions described above is a misdemeanor, punishable as specified. This bill would expand the scope of an existing crime by imposing different requirements for the conduct of remote caller bingo, thereby creating a state-mandated local program. Existing law required the California Gambling Control Commission to submit a report to the Legislature, on or before January 1, 2012, on the fundraising effectiveness and regulation of remote caller bingo. A loan from the Gambling Control Fund to the California Bingo Fund for the startup costs relating to remote caller bingo is required to be repaid within 5 years after the date of the loan. This bill would delete that reporting requirement, and would delete the requirement that the startup loan be repaid within 5 years. The bill would require the department and the commission, on or before October 1, 2015, to report their findings to the Legislature, as to whether continuation of the remote caller bingo program and state oversight of that program is warranted based on specified findings. The bill would repeal the remote caller bingo program as of January 1, 2017. Existing law establishes the Charity Bingo Mitigation Fund, administered by the California Gambling Control Commission, for the purpose of making payments to specified nonprofit organizations that, as of July 1, 2008, used electronic devices other than card-minding devices to conduct bingo games. Existing law provides for a $5,000,000 loan from the accrued interest in the Indian Gaming Special Distribution Fund to the Charity Bingo Mitigation Fund to make the mitigation payments described above. To reimburse the Special Distribution Fund, existing law requires nonprofit organizations that conduct a remote caller bingo game to pay the commission an amount equal to 5% of the gross revenues of each remote caller bingo game played until the full advanced amount, as specified, is reimbursed. This bill would require the commission to post information relating to the payments described above on its Internet Web site. Existing law authorizes players who are physically present at a bingo game to use hand-held, portable card-minding devices, as specified, that are approved prior to use by the California Gambling Control Commission. Additionally, the commission is required to license persons or entities that manufacture, supply, or service card-minding devices and related equipment, and may inspect and prohibit the use of any card-minding devices that are noncompliant. Existing law requires the commission to adopt regulations concerning remote caller bingo and card-minding devices. This bill would repeal these provisions relating to card-minding devices and the duties of the commission. 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. This bill would declare that it is to take effect immediately as an urgency statute.
Bill status passed 3 of 5 stages cleared
Introduction
Feb 2011
Committee Review
Aug 2012
Senate Passage
Jan 2012
Assembly Passage
Governor
Introduced Feb 15, 2011 Last action Aug 16, 2012
Floor votes · Senate Jan 26, 2012

How they voted

33–0
Passed · 2 other
Total votes 35
Jan 26, 2012
D Democratic23
23 Yea
100% Yea
R Republican12
10 Yea 2
83% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
33
Key actions
6
Committee
7
Amendments
3
Aug 16, 2012
Lower · Passed
Set, first hearing. Held in committee and under submission.
lower
Aug 16, 2012
Committee
Set, first hearing. Referred to APPR. suspense file.
lower
Aug 8, 2012
Lower · Passed
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 14. Noes 0.) (August 8).
lower
Apr 12, 2012
Committee
Referred to Com. on G.O.
lower
Jan 26, 2012
Senate · Passed
Senate Vote: pass (33-0-2)
senate
Jan 17, 2012
Upper · Passed
From committee: Do pass. (Ayes 6. Noes 0. Page 2668.) (January 17).
upper
Jan 12, 2012
Upper · Passed
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 0. Page 2623.) (January 10).
upper
Jan 4, 2012
Committee
Re-referred to Com. on G.O.
upper
May 16, 2011
Committee
Re-referred to Com. on RLS.
upper
May 10, 2011
Upper · Passed
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 2. Page 857.) (May 3).
upper
Feb 24, 2011
Committee
Referred to Com. on E., U., & C.
upper
Feb 15, 2011
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Lois Wolk
Lois Wolk
DDemocratic
CA
3