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H0392.....................................................by WAYS AND MEANS
BINGO GAMES - PAPER - Amends existing law to require additional
requirements for statements prepared by charitable or nonprofit
organizations conducting bingo games; to require the use of nonreusable
colored bingo paper so that all sales may be tracked; to provide
requirements for the paper; and to provide requirements for organizations
using nonreusable bingo paper.
03/25 House intro - 1st rdg - to printing
03/26 Rpt prt - to St Aff
04/01 Rpt out - rec d/p - to 2nd rdg
04/02 2nd rdg - to 3rd rdg
04/03 3rd rdg - PASSED - 64-6-0
AYES -- Andersen, Barraclough, Barrett, Bedke, Bell, Black, Block,
Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow, Cuddy,
Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
Field(18), Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet,
Jones, Kellogg, Lake, Langford, Langhorst, Martinez, McGeachin,
Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen, Raybould,
Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,
Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass,
Stevenson, Tilman, Trail(Young), Wills, Mr. Speaker
NAYS -- Bauer, Bieter, Kulczyk, McKague, Schaefer, Wood
Absent and excused -- None
Floor Sponsor - Wills
Title apvd - to Senate
04/04 Senate intro - 1st rdg - to St Aff
04/08 Rpt out - rec d/p - to 2nd rdg
04/09 2nd rdg - to 3rd rdg
04/10 3rd rdg - PASSED - 26-7-2
AYES -- Andreason, Brandt, Bunderson, Burtenshaw, Calabretta,
Cameron, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Ingram,
Kennedy, Little, Malepeai(Kumm), Marley, McWilliams, Noh, Richardson,
Schroeder, Sorensen, Stegner, Stennett, Werk, Williams
NAYS -- Bailey, Compton, Keough, Lodge, McKenzie, Pearce, Sweet
Absent and excused -- Burkett, Noble
Floor Sponsor - Calabretta
Title apvd - to House
04/14 To enrol
04/15 Rpt enrol - Sp signed
04/16 Pres signed
04/17 To Governor
04/23 Governor signed
Session Law Chapter 314
Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 392
BY WAYS AND MEANS COMMITTEE
1 AN ACT
2 RELATING TO BINGO; AMENDING SECTION 67-7709, IDAHO CODE, TO REQUIRE ADDITIONAL
3 REQUIREMENTS FOR STATEMENTS PREPARED BY CHARITABLE OR NONPROFIT ORGANIZA-
4 TIONS CONDUCTING BINGO GAMES AND TO REQUIRE THE USE OF NONREUSABLE COLORED
5 BINGO PAPER SO THAT ALL SALES MAY BE TRACKED, TO PROVIDE REQUIREMENTS FOR
6 THE PAPER AND TO PROVIDE REQUIREMENTS FOR ORGANIZATIONS USING NONREUSABLE
7 BINGO PAPER.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 67-7709, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 67-7709. ACCOUNTING AND USE OF BINGO PROCEEDS. (1) All funds received in
12 connection with a bingo game required to be licensed pursuant to this chapter
13 and the rules of the state lottery commission shall be placed in a separate
14 bank account. No funds may be disbursed from this account except the charita-
15 ble or nonprofit organization may expend proceeds for prizes, advertising,
16 utilities and the purchase of supplies and equipment in playing bingo, taxes
17 and license fees related to bingo, the payment of compensation, and for the
18 purposes set forth below for the remaining proceeds. Any proceeds available in
19 the account after payment of the above expenses shall inure to the charitable
20 or nonprofit organization to be used for religious, charitable, civic, scien-
21 tific testing, public safety, literary or educational purposes or for purchas-
22 ing, constructing, maintaining, operating or using equipment or land, or a
23 building or improvements thereto, owned, leased or rented by and for the char-
24 itable or nonprofit organization and used for civic purposes or made available
25 by the charitable or nonprofit organization for use by the general public from
26 time to time, or to foster amateur sports competition, or for the prevention
27 of cruelty to children or animals, provided that no proceeds shall be used or
28 expended directly or indirectly to compensate officers or directors. No
29 employees of the charitable organization may be compensated from bingo pro-
30 ceeds except as provided in this subsection. All gross revenues received from
31 bingo games by a charitable or nonprofit organization must be disbursed in the
32 following manner, unless otherwise provided in section 67-7708, Idaho Code:
33 not more than sixty-five percent (65%) of the gross revenues shall be utilized
34 for prizes in the charitable bingo game, not less than twenty percent (20%) of
35 gross revenues shall be used for charitable purposes enumerated in this sub-
36 section and not more than fifteen percent (15%) of the gross revenues shall be
37 used for administrative expenses associated with the charitable bingo game. If
38 agreed upon by its board of directors, a charitable organization may decrease
39 gross revenues spent on administrative expenses associated with bingo games
40 and allocate those revenues to prizes so long as no more than seventy percent
41 (70%) of the gross revenues is utilized for prizes on the bingo game. Two hun-
42 dred fifty dollars ($250) or one-tenth of one percent (.1%) of annual gross
43 revenues, as per the previous year's annual bingo report whichever is greater
2
1 may be paid as wages for the conduct of any one (1) bingo session. Such pay
2 shall be on an hourly basis and shall be directly related to the preparation,
3 conduct of and cleaning following a bingo session. Such wages shall be part
4 of the fifteen percent (15%) gross revenues used for administrative expenses.
5 An organization requesting an exemption from the disbursement percentages pro-
6 vided in this subsection for administrative costs may request an exemption
7 from the state lottery commission.
8 (2) Any charitable or nonprofit organization conducting bingo games pur-
9 suant to this chapter shall prepare a statement at the close of its license
10 year and shall file such statement with the state lottery. The statement shall
11 be prepared on a form prescribed by the lottery commission and shall include,
12 at a minimum, the following information:
13 (a) The number of bingo sessions conducted or sponsored by the licensed
14 organization;
15 (b) The location and date at which each bingo session was conducted;
16 (c) The gross revenues of each bingo session;
17 (d) The fair market value of any prize given at each bingo session;
18 (e) The number of individual players participating in each session;
19 (f) The number of cards played in each session;
20 (g) The amount paid in prizes at each session;
21 (fh) The amount paid to the charitable organization;
22 (gi) All disbursements from bingo revenue and the purpose of those dis-
23 bursements must be documented on a general ledger and submitted with the
24 annual bingo report to the Idaho lottery commission; and
25 (hj) An accounting of all gross revenues and the disbursements required
26 by statute and rule of the state lottery commission must be retained in
27 permanent records with the organization, including the date of each trans-
28 action and the name and address of each payee for all prize payments in
29 excess of one hundred dollars ($100).
30 (3) Any organization required to be licensed to conduct bingo operations
31 under the provisions of this chapter shall use only nonreusable colored bingo
32 paper so that all sales may be tracked. The nonreusable colored paper must
33 have a series and serial number on each card. At the conclusion of each ses-
34 sion, all organizations using nonreusable bingo paper must track their bingo
35 sales per session by recording the series and serial numbers of all paper
36 sold, damaged, donated or used for promotion in that session. Each such orga-
37 nization shall keep a ledger of the numbers of all such papers used during
38 each session. All paper must be tracked as either sold, damaged, donated, used
39 for promotion, or omitted from the original distributor or manufacturer. Paper
40 tracking ledgers and invoices from the distributor or manufacturer for nonre-
41 fundable colored bingo paper must be kept with the permanent records for that
42 bingo operation.
43 (4) Any person who shall willfully or knowingly furnish, supply or other-
44 wise give false information in any statement filed pursuant to this section
45 shall be guilty of a misdemeanor.
46 (45) All financial books, papers, records and documents of an organiza-
47 tion shall be kept as determined by rule of the state lottery and shall be
48 open to inspection by the county sheriff of the county, or the chief of police
49 of the city, or the prosecuting attorney of the county where the bingo game
50 was held, or the attorney general or the state lottery at reasonable times and
51 during reasonable hours.
52 (56) Every charitable or nonprofit organization whose annual gross reve-
53 nues exceed two hundred thousand dollars ($200,000) from the operation of
54 bingo games shall provide the state lottery with a copy of an annual audit of
55 the bingo operation. The audit shall be performed by an independent public
3
1 accountant and submitted within ninety (90) days after the end of the license
2 year.
STATEMENT OF PURPOSE
RS 13228
Confusion has arisen concerning rules promulgated by the Idaho
State Lottery Commission requiring the tracking of bingo sales.
This amendment clarifies that bingo operations must track
participation by players and the inventory and use of bingo paper
on a per session basis.
FISCAL IMPACT
There is no fiscal impact to the general fund.
Contact
Name: Roger Simmons, Director, Idaho State Lottery
Phone: (208) 334-2600
STATEMENT OF PURPOSE/FISCAL NOTE H 392