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H0041...........................................................by MR. SPEAKER
Requested by: Idaho State Lottery Commission
BINGO - Amends existing law to provide for seizure, without warrant, of
contraband bingo supplies, bingo equipment or any other gaming device; to
provide for the return of confiscated items; to provide for the destruction of
confiscated items; and to provide that government authorities shall not be
responsible for any negligence in seizing or confiscating any bingo supplies,
bingo equipment or any other gaming device.
01/06 House intro - 1st rdg - to printing
Rpt prt - to St Aff
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 41 BY MR. SPEAKER Requested by: Idaho State Lottery Commission 1 AN ACT 2 RELATING TO BINGO AND RAFFLES; AMENDING SECTION 67-7707, IDAHO CODE, TO PRO- 3 VIDE FOR SEIZURE, WITHOUT WARRANT, OF CONTRABAND BINGO SUPPLIES, BINGO 4 EQUIPMENT OR ANY OTHER GAMING DEVICE, TO PROVIDE FOR RETURN OF CONFISCATED 5 ITEMS, TO PROVIDE FOR DESTRUCTION OF CONFISCATED ITEMS, TO PROVIDE THAT 6 GOVERNMENT AUTHORITIES SHALL NOT BE RESPONSIBLE FOR ANY NEGLIGENCE IN 7 SEIZING OR CONFISCATING ANY BINGO SUPPLIES, BINGO EQUIPMENT OR ANY OTHER 8 GAMING DEVICE AND TO MAKE TECHNICAL CORRECTIONS. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Section 67-7707, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 67-7707. BINGO BY CHARITABLE OR NONPROFIT ORGANIZATIONS. (1) It is lawful 13 for a charitable or nonprofit organization to conduct bingo sessions or games 14 in accordance with the provisions of this chapter and the rules of the state 15 lottery commission. Any charitable or nonprofit organization, any member of a 16 charitable or nonprofit organization, or any person that conducts a bingo ses- 17 sion or game in violation of any provision of this chapter or the rules of the 18 state lottery commission may be assessed a civil penalty not in excess of ten 19 thousand dollars ($10,000). Additionally, any person knowingly conducting a 20 bingo session or game in violation of the provisions of this chapter or the 21 rules of the state lottery commission may be charged under the gambling laws 22 contained in chapter 38, title 18, Idaho Code. Violations will be prosecuted 23 by the county prosecuting attorney. 24 (2) No person under the age of eighteen (18) years may play bingo in 25 games where a cash prize is offered or where the prize exceeds twenty-five 26 dollars ($25.00) in value for merchandise. No person under the age of eighteen 27 (18) years may play bingo in any game operated by a licensed charitable or 28 nonprofit organization. 29 (3) The Idaho state lottery, attorney general or any peace officer of the 30 state may seize, without a warrant, the following contraband goods found any 31 place in this state: 32 (a) Any bingo supplies, bingo equipment or any other gaming device which 33 does not conform in all respects to specifications imposed by Idaho stat- 34 utes or rules; 35 (b) Any bingo equipment or any other gaming device purchased by an orga- 36 nization from any source other than a licensed vendor; or 37 (c) Any bingo equipment or any other gaming device furnished, sold or 38 rented for use in a bingo occasion which is not in conformance with Idaho 39 gaming laws and rules. 40 Upon satisfactory proof of compliance, such confiscated bingo supplies, bingo 41 equipment or any other gaming device may be returned as directed. Any bingo 42 supplies, bingo equipment or any other gaming device confiscated may be 43 destroyed. The seizure and destruction of bingo supplies, bingo equipment or 2 1 any other gaming device shall not relieve any person from a fine, imprisonment 2 or other penalty for violation of Idaho statutes or rules. The Idaho state 3 lottery, attorney general or any peace officer of this state shall not be 4 responsible in any court for negligence in seizing or confiscating any bingo 5 supplies, bingo equipment or any other gaming device pursuant to this section.
STATEMENT OF PURPOSE
RS 12407
The Idaho State Lottery Commission has the responsibility for
licensing and enforcement of bingo and raffle legislation as
provide for in Title 67, Chapter 77, Idaho Code. Idaho statutes
and administrative rules and regulations prescribe that licensed
bingo facilities use only authorized bingo supplies and equipment
acquired from a licensed distributor. This provision is necessary
to insure that equipment and supplies conform to the statues and
regulations.
Presently, the Idaho Lottery Commission Enforcement Division, the
Attorney General's Office, as well as other state and local law
enforcement lack specific seizure authority for contraband, i.e.,
illegal equipment and supplies. This legislation would allow for
the seizure of contraband, pending legal or administrative
disposition of any charges brought under the act.
FISCAL IMPACT
It is anticipated that any single seizure of contraband would
result in less than $500 in transportation and storage costs, and
that such seizures would occur on average once every two years.
These costs would be paid from funds appropriated to the Idaho
State Lottery.
CONTACT
Name: Steve Woodall
Agency: Lottery Commission
Phone: 334-2600
Statement of Purpose/Fiscal Impact H 4