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S1085......................................................by STATE AFFAIRS
DUCK RACES - PRIZES - Amends existing law to provide that for duck races
there shall be no limit on the maximum amount of the value of a cash prize
if the cash prize is underwritten by insurance; to provide that if the duck
race offers a cash prize that is not underwritten by insurance, the maximum
prize is $1,000; and to provide that there shall be no limit on the maximum
value of merchandise used as a prize in a duck race if the merchandise is
not redeemable for cash.
02/02 Senate intro - 1st rdg - to printing
02/03 Rpt prt - to St Aff
02/11 Rpt out - rec d/p - to 2nd rdg
02/12 2nd rdg - to 3rd rdg
02/15 3rd rdg - PASSED - 25-3-7
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Darrington, Davis, Deide, Dunklin, Frasure, Hawkins, Keough,
Lee, McLaughlin, Richardson, Riggs, Risch, Sandy, Schroeder,
Sorensen, Stegner, Thorne, Wheeler
NAYS--Geddes, Twiggs, Whitworth
Absent and excused--Danielson, Ingram, Ipsen, King, Noh, Parry,
Stennett
Floor Sponsor - Davis
Title apvd - to House
02/16 House intro - 1st rdg - to St Aff
03/08 Rpt out - rec d/p - to 2nd rdg
03/09 2nd rdg - to 3rd rdg
03/11 3rd rdg - PASSED - 36-28-6
AYES -- Barrett, Bieter, Chase, Clark, Crow, Cuddy, Deal, Gagner,
Gould, Hadley, Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kunz,
Limbaugh, Loertscher, Marley, McKague, Montgomery, Moyle, Pischner,
Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sellman, Smith, Stone,
Tilman, Trail, Watson, Zimmermann
NAYS -- Alltus, Barraclough(Barraclough), Bell, Black, Boe, Bruneel,
Callister, Campbell, Denney, Ellsworth, Field(13), Field(20), Geddes,
Hammond, Hansen(23), Kempton, Kendell, Linford, Mader, Mortensen,
Sali, Schaefer, Smylie, Stevenson, Stoicheff, Taylor, Tippets,
Wheeler
Absent and excused -- Hansen(29), Lake, Meyer, Williams, Wood,
Mr Speaker
Floor Sponsor - Gagner
Title apvd - to Senate
03/12 To enrol
03/15 Rpt enrol - Pres signed
03/16 Sp signed - to Governor
03/19 Governor signed
Session Law Chapter 134
Effective: 03/19/99
S1085|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1085 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO DUCK RACES; AMENDING SECTION 67-7710, IDAHO CODE, TO PROVIDE THAT 3 FOR DUCK RACES THERE SHALL BE NO LIMIT ON THE MAXIMUM AMOUNT OF THE VALUE 4 OF A CASH PRIZE IF THE CASH PRIZE IS UNDERWRITTEN BY INSURANCE, TO PRO- 5 VIDE IF THE DUCK RACE OFFERS A CASH PRIZE THAT IS NOT UNDERWRITTEN BY 6 INSURANCE THE MAXIMUM PRIZE IS ONE THOUSAND DOLLARS AND TO PROVIDE THAT 7 THERE SHALL BE NO LIMIT ON THE MAXIMUM VALUE OF MERCHANDISE USED AS A 8 PRIZE IN A DUCK RACE IF THE MERCHANDISE IS NOT REDEEMABLE FOR CASH; AND 9 DECLARING AN EMERGENCY. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Section 67-7710, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 67-7710. RAFFLES AND DUCK RACES . (1) It is lawful for any 14 charitable organization to conduct raffles in accordance with the provisions 15 of this chapter. Any charitable or nonprofit organization who conducts a raf- 16 fle in violation of any provision of this chapter may be assessed a civil pen- 17 alty not in excess of ten thousand dollars ($10,000). Additionally, any person 18 knowingly conducting a raffle in violation of any provision of this chapter 19 may be charged under the gambling laws of the state contained in chapter 38, 20 title 18, Idaho Code. It shall not constitute a violation of state law to 21 advertise a charitable raffle conducted pursuant to this section. It is lawful 22 to participate in a charitable raffle conducted pursuant to this chapter. A 23 charitable raffle conducted lawfully pursuant to this chapter is not gambling 24 for purposes of chapter 38, title 18, Idaho Code. 25 (2) Raffles shall be limited to twelve (12) per charitable organization 26 per year. 27 (3) The maximum cash prize that may be offered or paid for any one (1) 28 raffle , which is not a duck race, is one thousand dollars 29 ($1,000) and if merchandise is used as a prize and it is not redeemable for 30 cash, there shall be no limit on the maximum amount of value for the merchan- 31 dise. For duck races, there shall be no limit on the maximum amount of 32 the value of a cash prize if the cash prize is underwritten by insurance. If a 33 duck race offers a cash prize that is not underwritten by insurance, the maxi- 34 mum cash prize is one thousand dollars ($1,000). There shall be no limit on 35 the maximum of value for merchandise used as a prize in a duck race if the 36 merchandise is not redeemable for cash. 37 (4) As used in this subsection, "net proceeds of a charitable raffle" 38 means the gross receipts less the cost of prizes awarded. "Net proceeds of a 39 duck race" shall mean gross receipts, less the cost of prizes awarded and the 40 rental cost of the ducks used in the race. No less than ninety percent (90%) 41 of the net proceeds of a raffle shall be used by the charitable organization 42 for charitable, religious, educational, civic or other nonprofit purposes. 43 (5) Any licensed charitable or nonprofit organization conducting raffles 2 1 pursuant to this chapter shall prepare a statement at the close of its license 2 year and shall file such statement with the state lottery. The statement shall 3 be prepared on a form prescribed by the lottery commission and shall include, 4 at a minimum, the following information: 5 (a) The number of raffles conducted or sponsored by the charitable or 6 nonprofit organization; 7 (b) The location and date at which each raffle was conducted; 8 (c) The gross revenues of each raffle; 9 (d) The fair market value of any prize given at each raffle; 10 (e) The amount paid in prizes at each raffle; 11 (f) The amount paid to the charitable organization; 12 (g) An accounting of all gross revenues and the disbursements required by 13 statute and rule of the state lottery commission. 14 (6) Every charitable or nonprofit organization whose annual gross reve- 15 nues exceed one hundred fifty thousand dollars ($150,000) from the operation 16 of raffle events shall provide the state lottery with a copy of an annual 17 report of the raffle events. The audit shall be performed by an independent 18 public accountant and submitted within ninety (90) days after the end of the 19 license year. 20 SECTION 2. An emergency existing therefor, which emergency is hereby 21 declared to exist, this act shall be in full force and effect on and after its 22 passage and approval.
STATEMENT OF PURPOSE
RS08556
The purpose of this bill is to provide that for duck races
there shall be no limit on the maximum amount of the value of
a cash prize if the cash prize is underwritten by insurance.
FISCAL NOTE
There will be no fiscal impact.
CONTACT: Senator Bart Davis208-332-1343
STATEMENT OF PURPOSE/ FISCAL NOTE S1085