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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