Report: California plan to join 11-state lotto game illegal

Wednesday, June 15, 2005 | 9:58 a.m.

LOS ANGELES -- California is set to join Ohio and 10 other states in the Mega Millions lottery game, but a legal opinion issued by state officials could put a damper on those plans.

The Legislative Counsel's Office said Tuesday in a 12-page opinion that joining the massive lottery game could violate a 1984 law passed by voters that specified that all lottery games played in California should be run by the state, the Daily News of Los Angeles reported. The Lottery Act also contains no provision for sharing prize money from tickets purchased outside the state, the paper said.

The legal opinion by Legislative Counsel Diane Boyer-Vine is not binding, but if the state now decides to join the Atlanta-based Mega Millions game it could invite lawsuits from other gambling interests, including Indian tribes with casinos.

Gov. Arnold Schwarzenegger favored joining the game as part of his proposal to boost education spending without raising taxes. Thirty-five percent of lottery revenue in California goes to education; some experts estimate the Mega Millions game could bring California up to _$500 million a year.

But state Sen. Dean Florez, D-Bakersfield, said he wants to challenge Schwarzenegger on the wisdom of joining the game while its legality remains unresolved.

"We ought to make sure we don't end up in protracted litigation," said Florez, who chairs the Senate Governmental Organization Committee. "I think the integrity of the game is in balance."

In Mega Millions, players pay _$1 to pick six numbers from 1 to 52 to match those drawn twice weekly.