CHAPTER 12.5. [California State Lottery Act of 1984]
Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3.
§§ 8880–8880.72 · 81 sections
ARTICLE 1. General Provisions and Definitions §§ 8880–8880.14 · 17 sections
- § 8880 Citation of Chapter This Chapter shall be known and may be cited as the California State Lottery Act of 1984.
- § 8880.1 Purpose and Intent The People of the State of California declare that the purpose of this Act is support for preservation of the rights, liberties and welfare…
- § 8880.2 Activities Not Affected Except for the state-operated lottery established by this Chapter, nothing in this Chapter shall be construed to repeal or modify…
- § 8880.3 Prohibition on Use of State Funds No appropriations, loans, or other transfer of State funds shall be made to the California State Lottery Commission except…
- § 8880.4 Revenues of the state lottery shall be allocated so as to maximize the amount of funding allocated to public education, including from the first full fiscal… see note
- § 8880.4.1 (a) The Legislature finds and declares that this section is clarifying of, and consistent with, the intent of Proposition 20, as approved by the voters at the…
- § 8880.4.5 (a) Following the end of each full fiscal year, the commission shall calculate and report to the Controller and to the Legislature the amount of total net…
- § 8880.5 Allocations for education: The California State Lottery Education Fund is created within the State Treasury, and is continuously appropriated for carrying out…
- § 8880.6 Other Statutory Provisions Sections 320, 321, 322, 323, 324, 325, 326, and 328 of the Penal Code do not apply to the California State Lottery or its…
- § 8880.7 Governing Definitions The definitions contained in this Chapter shall govern the construction of this Chapter unless the context requires otherwise.
- § 8880.8 “Lottery” or “California State Lottery” “Lottery” or “California State Lottery” means the California State Lottery created and operated pursuant to this…
- § 8880.9 “Commissioner” “Commissioner” means one of the members of the Lottery Commission appointed by the Governor pursuant to this Chapter to oversee the California…
- § 8880.10 “Director” “Director” means the Director of the California State Lottery appointed by the Governor pursuant to this Chapter as the chief administrator of the…
- § 8880.11 “Lottery Commission” or “Commission” “Lottery Commission” or “Commission” means the five members appointed by the Governor pursuant to this Chapter to oversee…
- § 8880.12 “Lottery Game” “Lottery Game” means any procedure authorized by the commission whereby prizes are distributed among persons who have paid, or who have…
- § 8880.13 “Lottery Game Retailer” “Lottery Game Retailer” means a person or organization with whom the Lottery Commission may contract for the purpose of selling tickets…
- § 8880.14 “Lottery Contractor” “Lottery Contractor” means a person or organization with whom the Lottery has contracted for the purpose of providing goods and services…
ARTICLE 2. California State Lottery Commission §§ 8880.15–8880.23 · 9 sections
- § 8880.15 Creation of Commission The California State Lottery Commission is hereby created in state government.
- § 8880.16 Membership; Appointment; Vacancies; Political Affiliation; Removal (a) The Commission shall consist of five members appointed by the Governor with the advice…
- § 8880.17 Qualifications of Commissioners At least one of the Commissioners shall have a minimum of five years experience in law enforcement, and at least one of the…
- § 8880.18 Compensation and Expenses Commissioners shall be compensated at the rate of one hundred dollars ($100) for each day they are engaged in commission business.…
- § 8880.19 Annual Selection of Chairperson The Commission shall select annually from its membership a chairperson. The chairperson shall have the power to convene special…
- § 8880.20 Meetings Meetings of the Commission shall be open and public in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of…
- § 8880.21 Quorum; Voting A quorum shall consist of three members of the Commission. All decisions of the Commission shall be made by a majority vote of the Commission.
- § 8880.22 The Commission shall make quarterly reports of the operation of the Lottery to the Governor, the Attorney General, the Controller, the Treasurer, and the…
- § 8880.23 Appointment of Director; Removal The Governor, with the advice and consent of the Senate, shall appoint a Director within thirty days of the effective day of…
ARTICLE 3. Powers and Duties of the Commission §§ 8880.24–8880.335 · 15 sections
- § 8880.24 Powers and Duties of the Commission (a) The California State Lottery Commission shall exercise all powers necessary to effectuate the purposes of this chapter.…
- § 8880.25 Operation of the Lottery The Lottery shall be initiated and operated so as to produce the maximum amount of net revenues to supplement the total amount of…
- § 8880.25.5 (a) Notwithstanding any other provision of law, the Lottery Commission may do all of the following: (1) Purchase and sell assets in its own name. (2) Invest…
- § 8880.26 (a) The provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 are not applicable to any rule or regulation promulgated by the…
- § 8880.27 Meetings with the Director The Commission shall meet with the Director not less than once each quarter to make recommendations and set policy, to approve or…
- § 8880.28 (a) The commission shall promulgate regulations specifying the types of lottery games to be conducted by the lottery, provided: (1) No lottery game may use the…
- § 8880.29 (a) The commission shall promulgate regulations that specify the number and value of prizes for winning tickets or shares in each lottery game including,…
- § 8880.30 The commission shall promulgate regulations that specify the method for determining winners in each lottery game, provided: (a) A lottery game may be based on…
- § 8880.31 Sale Price of Tickets and Shares The Commission shall promulgate rules and regulations specifying the retail sales price for each ticket or share for each…
- § 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)…
- § 8880.325 The right of any person to a prize shall not be assignable, except that the payment of any prize may be assigned, in whole or in part, as provided by Section…
- § 8880.326 Upon the death of the prizewinner, the prize may be paid by any of the following methods: (a) To the trustee of a trust established pursuant to subdivision (a)…
- § 8880.327 For any assignments, transfers, or security interests provided for in Sections 8880.325 and 8880.326, the following shall apply: (a) The commission may…
- § 8880.33 (a) The commission shall promulgate regulations specifying the manner of distribution, dissemination, or sale of lottery tickets or shares to lottery game…
- § 8880.335 The commission may promulgate regulations to authorize the use of an electronic or electromechanical device to dispense lottery tickets to be used in the play…
ARTICLE 4. Powers and Duties of the Director §§ 8880.34–8880.46 · 13 sections
- § 8880.34 Salary The Director shall receive the salary provided for by Chapter 6 (commencing with Section 11550 of Part 1 of Division 3 of Title 2. The Director shall…
- § 8880.35 The director shall, subject to the approval of the commission, perform all duties, exercise all powers and jurisdiction, assume and discharge all…
- § 8880.36 Power to Hire The Director shall hire, pursuant to the approval of the Commission, such professional, clerical, technical and administrative personnel as may…
- § 8880.37 Deputy Directors Upon recommendation of the Director, the Governor shall appoint up to four deputy directors. The Director shall supervise each deputy…
- § 8880.38 (a) One of the deputy directors shall be the Deputy Director for Security, and be responsible for a security division to assure integrity, honesty, and…
- § 8880.39 The director shall confer as frequently as necessary or desirable, but not less than once every quarter, with the commission, on the operation and…
- § 8880.40 Study of Lottery Systems; Recommendations for Improvement The Director shall make an on-going study of the operation and the administration of the lotteries…
- § 8880.41 The director shall make and keep books and records that accurately and fairly reflect each day’s transactions, including, but not limited to, the distribution…
- § 8880.42 The director shall provide a monthly cumulative sales report to the commission and the Controller within 15 days after the end of each month. The report shall…
- § 8880.43 The director shall provide the following informational reports to the Department of Finance, the Joint Legislative Budget Committee, and the budget committees…
- § 8880.44 Demographic Study of Lottery Players After the first six months of sales to the public, the Director shall engage an independent firm experienced in…
- § 8880.45 Study of the Effectiveness of Lottery Communications After the first full year of sales to the public, the Director shall engage an independent firm…
- § 8880.46 After the first nine months of sales to the public, the Commission shall engage an independent firm experienced in security procedures, including, but not…
ARTICLE 4.5. Public And Financial Accountability §§ 8880.46.5–8880.46.6 · 2 sections
- § 8880.46.5 The director shall engage an independent firm of certified public accountants to conduct an annual audit of all accounts and transactions of the lottery. The…
- § 8880.46.6 The Controller shall conduct quarterly and annual postaudits of all accounts and transactions of the commission and other special postaudits as the Controller…
ARTICLE 5. Lottery Game Retailers §§ 8880.47–8880.55 · 9 sections
- § 8880.47 The commission shall promulgate regulations specifying the terms and conditions for contracting with lottery game retailers so as to provide adequate and…
- § 8880.48 (a) The director shall, pursuant to this chapter and the regulations of the commission, select as lottery game retailers those persons and organizations as the…
- § 8880.49 A contract with a lottery game retailer shall not be assignable or transferable.
- § 8880.50 (a) The commission shall promulgate regulations that prescribe the procedure by which a contract with a lottery game retailer may be terminated and the reasons…
- § 8880.51 Compensation for Lottery Game Retailers Unless the Commission shall otherwise determine, the compensation paid to Lottery Game Retailers shall be a minimum of…
- § 8880.52 Sales to Minors (a) No tickets or shares in Lottery Games shall be sold to persons under the age of 18 years. Any person who knowingly sells a ticket or share…
- § 8880.53 No lottery tickets or shares shall be sold by a lottery game retailer unless the retailer has a certificate of authority, issued by the lottery, to sell…
- § 8880.54 Bonding The Director may require a bond from any Lottery Game Retailer in an amount specified by regulation or may purchase blanket bonds covering the…
- § 8880.55 (a) No payment by lottery game retailers to the lottery for tickets or shares shall be in cash. All payments for tickets or shares shall be in the form of a…
ARTICLE 6. Lottery Suppliers §§ 8880.56–8880.60 · 5 sections
- § 8880.56 (a) Notwithstanding other provisions of law, the director may purchase or lease goods and services as are necessary for effectuating the purposes of this…
- § 8880.57 In order to allow an evaluation of the competence, integrity, and character of potential Lottery Contractors for the California State Lottery, any person,…
- § 8880.58 Compliance with Applicable Laws Each Lottery Contractor shall perform its contract consistent with the laws of this State, Federal law, and laws of the state…
- § 8880.59 Performance Bond Any Lottery Contractor may be required by the Lottery to post, with the Commission an acceptable performance bond, letter of credit, or other…
- § 8880.60 No member of the commission shall, for a two-year period after the end of the member’s term, accept any consideration from, whether directly or indirectly, and…
ARTICLE 7. State Lottery Fund §§ 8880.61–8880.66 · 6 sections
- § 8880.61 State Lottery Fund (a) A special fund to be known as the “State Lottery Fund” is created within the State Treasury that is continuously appropriated for…
- § 8880.62 Funds shall be disbursed from the State Lottery Fund by the Controller for any of the purposes authorized by this chapter.
- § 8880.63 (a) As nearly as practical, 50 percent of the total projected revenue, computed on a fiscal-year basis, accruing from the sales of all lottery tickets or… see note
- § 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… see note
- § 8880.65 Transfer of Net Revenues The funds remaining in the State Lottery Fund after accrual of all revenues to the State Lottery Fund, and after accrual of all…
- § 8880.66 Intergovernmental Reimbursements for Services The Commission shall reimburse all other governmental entities for any and all services necessary to effectuate…
ARTICLE 8. Miscellaneous §§ 8880.68–8880.72 · 5 sections
- § 8880.68 Except as provided in subdivision (d), no state or local taxes shall be imposed upon the following: (a) The sale of lottery tickets or shares of the lottery.…
- § 8880.69 Preemption of Local Laws It is the intent of this Chapter that all matters related to the operation of the Lottery as established hereby be governed solely…
- § 8880.70 Lawful Activity Any other state or local law providing any penalty, disability, restriction, or prohibition for the possession, manufacture, transportation,…
- § 8880.71 Restrictions No person shall be selected, appointed or hired to be a Commissioner, Director, deputy director, or Commission employee who has been convicted of…
- § 8880.72 All civil process in any action brought against the Director, the Commission, or the Lottery and any subpoena for the production of Lottery records shall be…