2005 Legislation
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HOUSE BILL NO. 23 – Electronic bingo devices, regulatn


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Bill Status

H0023......................................................by STATE AFFAIRS
ELECTRONIC BINGO DEVICES - Amends and adds to existing law to provide that
the Idaho State Lottery Commission shall regulate electronic bingo devices;
to provide for the approval of electronic bingo devices and site systems;
to authorize testing by the Lottery Commission; to specify requirements for
manufacture and distribution of electronic bingo devices, including
requirements for download and for certain prohibitions, restrictions on
numbers of faces per game and procedures following malfunctions; to specify
requirements and duties of licensed distributors, including notification
requirements and invoice requirements; and to govern operations of licensed
01/20    House intro - 1st rdg - to printing
01/21    Rpt prt - to St Aff
02/09    Rpt out - rec d/p - to 2nd rdg
02/10    2nd rdg - to 3rd rdg
02/15    3rd rdg - PASSED - 60-6-4
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bilbao, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark,
      Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge,
      Field(18), Garrett, Hart, Henbest, Henderson, Jaquet, Kemp, Lake,
      LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller,
      Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould,
      Ring, Ringo, Roberts, Rusche, Sali, Sayler, Schaefer, Shepherd(2),
      Shepherd(8), Shirley, Skippen, Smith(30), Smylie, Snodgrass,
      Stevenson, Trail, Wills
      NAYS -- Bedke, Harwood, Rydalch, Smith(24), Wood, Mr. Speaker
      Absent and excused -- Bell, Black, Field(23), Jones
    Floor Sponsor - Wills
    Title apvd - to Senate
02/16    Senate intro - 1st rdg - to St Aff
03/21    Rpt out - rec d/p - to 2nd rdg
03/22    2nd rdg - to 3rd rdg
03/23    3rd rdg - PASSED - 30-2-2, 1 vacancy
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Corder, Darrington, Davis, Gannon,
      Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Lodge,
      Malepeai, Marley, McGee, McKenzie, Pearce, Schroeder, Stegner,
      Stennett, Sweet, Werk
      NAYS -- Richardson, Williams
      Absent and excused -- Compton, Little, (District 21 seat vacant)
    Floor Sponsor - Stegner
    Title apvd - to House
03/24    To enrol
03/28    Rpt enrol - Sp signed
03/29    Pres signed
03/30    To Governor
04/05    Governor signed
         Session Law Chapter 259
         Effective: 07/01/05

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 23
                                 BY STATE AFFAIRS COMMITTEE
  1                                        AN ACT
 18    Be It Enacted by the Legislature of the State of Idaho:
 19        SECTION  1.  That  Section 67-7702, Idaho Code, be, and the same is hereby
 20    amended to read as follows:
 21        67-7702.  DEFINITIONS. As used in this chapter:
 22        (1)  "Bingo" means the traditional game  of  chance  played  for  a  prize
 23    determined prior to the start of the game.
 24        (a)  Upon approval by the bingo-raffle advisory board a licensee may offer
 25        bingo  games  in  which players are allowed to select their own numbers if
 26        the cards used to conduct the games have controls that  provide  an  audit
 27        trail adequate to determine all winning number combinations.
 28        (b)  Card-minding devices are prohibited. Autodaubing features are prohib-
 29        ited.
 30        (c)  Bingo  shall  not  include  "instant bingo" which is a game of chance
 31        played by the selection of one (1) or more prepackaged bingo  cards,  with
 32        the  winner  determined by the appearance of a preprinted winning designa-
 33        tion on the bingo card.
 34        (2)  "Bingo-raffle advisory board" means a board of six (6) persons chosen
 35    by the governor to make advisory recommendations regarding  bingo  and  raffle
 36    operations and regulation in Idaho.
 37        (3)  "Charitable organization" means an organization that has been in con-
 38    tinuous  existence  in the county of operation of the charitable bingo game or
 39    raffle for at least one (1) year and that is exempt from taxation  under  sec-
 40    tion  501(c)(3),  501(c)(4),  501(c)(6),  501(c)(8), 501(c)(10), 501(c)(19) or
 41    501(d) of the Internal Revenue Code and is exempt from income  taxation  under
 42    title  63,  Idaho Code, as a bona fide nonprofit charitable, civic, religious,
 43    fraternal, patriotic or veterans organization or as a nonprofit volunteer fire
  1    department, or as a nonprofit volunteer rescue squad, or as a nonprofit volun-
  2    teer educational booster group, parent-teacher organization or association. If
  3    the organization has local branches or chapters, the term "charitable  organi-
  4    zation" means the local branch or chapter operating the bingo or raffle game.
  5        (4)  "Commission"  means  the Idaho state lottery commission as defined in
  6    section 67-7404, Idaho Code.
  7        (5)  "Duck race" means a charitable raffle played by  releasing  numbered,
  8    inanimate  toys  (ducks)  into  a  body of moving water. A person who has been
  9    assigned the same number as the first duck to cross a predetermined  point  in
 10    the  water (the finish line) is the winner. Other prizes may be awarded on the
 11    basis of the order in which the ducks cross the finish line. With  the  excep-
 12    tion of determining "net proceeds," all restrictions and requirements applica-
 13    ble  to  the conduct of charitable raffles in this chapter shall also apply to
 14    the conduct of duck races.
 15        (6)  "Electronic bingo card" or "face" means an electronic facsimile of  a
 16    bingo card or face, from a permutation of bingo cards formulated by a manufac-
 17    turer  licensed  in  Idaho,  which is stored and/or displayed in a bingo card-
 18    monitoring device. An electronic bingo card or face is deemed to be a form  of
 19    disposable paper bingo card.
 20        (7)  (a)  "Electronic  bingo  device" means an electronic device used by a
 21        bingo player to monitor bingo cards purchased at the time and place  of  a
 22        licensed organization's bingo session, and which:
 23             (i)   Provides  a  means for bingo players to input numbers announced
 24             by a bingo caller;
 25             (ii)  Requires the player to manually enter the numbers as  they  are
 26             announced by a bingo caller;
 27             (iii) Compares the numbers entered by the bingo player to the numbers
 28             contained on bingo cards previously stored in the electronic database
 29             of the device;
 30             (iv)  Identifies winning bingo patterns; and
 31             (v)   Signals  only  the bingo player when a winning bingo pattern is
 32             achieved.
 33        (b)  "Electronic bingo device" does not mean or include  any  device  into
 34        which  coins,  currency,  or  tokens are inserted to activate play, or any
 35        device which is interfaced with or connected to any host system which  can
 36        transmit  or  receive  any ball call information, site system or any other
 37        type of bingo equipment once the device has been activated for use by  the
 38        bingo player.
 39        (8)  "Gross revenues" shall mean all moneys paid by players during a bingo
 40    game or session for the playing of bingo or raffle event and shall not include
 41    money paid for concessions.
 42        (9)  "Host  system"  means  the computer hardware, software and peripheral
 43    equipment of a licensed manufacturer which is used to  generate  and  download
 44    electronic  bingo  cards  to  a licensed organization's site system, and which
 45    monitors sales and other activities of a site system.
 46        (710) "Nonprofit organization" means an  organization  incorporated  under
 47    chapter  3,  title 30, Idaho Code, or an unincorporated association recognized
 48    under chapter 7, title 53, Idaho Code.
 49        (811) "Organization" means a charitable organization or a nonprofit  orga-
 50    nization.
 51        (912) "Person" shall be construed to mean and include an individual, asso-
 52    ciation,  corporation, club, trust, estate, society, company, joint stock com-
 53    pany, receiver, trustee, assignee, referee or any other  person  acting  in  a
 54    fiduciary  or  representative capacity, whether appointed by a court or other-
 55    wise, and any combination of individuals. "Person" shall also be construed  to
  1    mean  and  include departments, commissions, agencies and instrumentalities of
  2    the state of Idaho, including counties  and  municipalities  and  agencies  or
  3    instrumentalities thereof.
  4        (103) "Raffle" means a game in which the prize is won by random drawing of
  5    the name or number of one (1) or more persons purchasing chances.
  6        (114) "Session"  means  a  period of time not to exceed eight (8) hours in
  7    any one (1) day in which players are allowed to  participate  in  bingo  games
  8    operated by a charitable or nonprofit organization.
  9        (15) "Site  system"  means  the computer hardware, software and peripheral
 10    equipment used by a licensed organization at the site  of  its  bingo  session
 11    which  provides  electronic  bingo  cards  or bingo card monitoring devices to
 12    players, and which receipts the sale or rental or such cards and  devices  and
 13    generates reports relative to such sales or rentals.
 14        (126) "Special permit" means a permit that can be obtained by a charitable
 15    organization  that  is  not  licensed but qualifies to operate an exempt bingo
 16    operation. This permit allows a qualifying organization to operate bingo games
 17    at a county fair for the duration of the fair.
 18        (137) "Vendor" means an applicant, licensee or  manufacturer,  distributor
 19    or  supplier licensed or unlicensed that furnishes or supplies bingo or raffle
 20    equipment, disposable or nondisposable cards and any and  all  related  gaming
 21    equipment.
 22        SECTION  2.  That  Section 67-7709, Idaho Code, be, and the same is hereby
 23    amended to read as follows:
 25        (1)  (a) All funds received in connection with a bingo game required to be
 26        licensed pursuant to this chapter and the rules of the state lottery  com-
 27        mission  shall  be placed in a separate bank account. No funds may be dis-
 28        bursed from this account except the charitable or  nonprofit  organization
 29        may expend proceeds for prizes, advertising, utilities and the purchase of
 30        supplies and equipment in playing bingo, taxes and license fees related to
 31        bingo,  the  payment of compensation, and for the purposes set forth below
 32        for the remaining proceeds.
 33        (b)  Funds from bingo accounts must be withdrawn by  preprinted,  consecu-
 34        tively numbered checks or withdrawal slips, signed by an authorized repre-
 35        sentative  of  the  licensed authorized organization and made payable to a
 36        person. A check or withdrawal slip shall not be made  payable  to  "cash,"
 37        "bearer"  or  a  fictitious payee. The nature of the payment made shall be
 38        noted on the face of the check or withdrawal slip. Checks  for  the  bingo
 39        account  shall  be imprinted with the words "bingo account" and shall con-
 40        tain the organization's bingo license name on the face of  each  check.  A
 41        licensed authorized organization shall keep and account for all checks and
 42        withdrawal slips, including voided checks and withdrawal slips.
 43        (c)  Any  proceeds  available  in  a  bingo  account  after payment of the
 44        expenses set forth in paragraph (1)(a) of this subsection shall  inure  to
 45        the  charitable or nonprofit organization to be used for religious, chari-
 46        table, civic, scientific testing, public safety, literary  or  educational
 47        purposes  or for purchasing, constructing, maintaining, operating or using
 48        equipment or land, or a building or improvements thereto, owned, leased or
 49        rented by and for the charitable or nonprofit organization  and  used  for
 50        civic  purposes or made available by the charitable or nonprofit organiza-
 51        tion for use by the general public from time to time, or to foster amateur
 52        sports competition, or for the prevention of cruelty to children  or  ani-
 53        mals,  provided  that  no  proceeds  shall be used or expended directly or
  1        indirectly to compensate officers or directors. No employees of the chari-
  2        table organization may be compensated from bingo proceeds except  as  pro-
  3        vided in this subsection.
  4        (d)  All  gross revenues received from bingo games by a charitable or non-
  5        profit organization must be disbursed  in  the  following  manner,  unless
  6        otherwise  provided   in section 67-7708, Idaho Code: not more than sixty-
  7        five percent (65%) of the gross revenues shall be utilized for  prizes  in
  8        the  charitable  bingo  game,  not less than twenty percent (20%) of gross
  9        revenues shall be used for charitable purposes enumerated in this  subsec-
 10        tion  and  not more than fifteen percent (15%) of the gross revenues shall
 11        be used for administrative expenses associated with the  charitable  bingo
 12        game.  If agreed upon by its board of directors, a charitable organization
 13        may decrease gross revenues spent on  administrative  expenses  associated
 14        with  bingo games and allocate those revenues to prizes so long as no more
 15        than seventy percent (70%) of the gross revenues is utilized for prizes on
 16        the bingo game. Two hundred fifty dollars ($250) or one-tenth of one  per-
 17        cent  (.1%)  of  annual  gross revenues, as per the previous year's annual
 18        bingo report whichever is greater may be paid as wages for the conduct  of
 19        any  one (1) bingo session. Such pay shall be on an hourly basis and shall
 20        be directly related to the preparation, conduct of and cleaning  following
 21        a  bingo  session.   Such wages shall be part of the fifteen percent (15%)
 22        gross revenues used for administrative expenses. An organization  request-
 23        ing  an  exemption from the disbursement percentages provided in this sub-
 24        section for administrative costs may request an exemption from  the  state
 25        lottery commission.
 26        (2)  Any  charitable or nonprofit organization conducting bingo games pur-
 27    suant to this chapter shall prepare a statement at the close  of  its  license
 28    year and shall file such statement with the state lottery. The statement shall
 29    be  prepared on a form prescribed by the lottery commission and shall include,
 30    at a minimum, the following information:
 31        (a)  The number of bingo sessions conducted or sponsored by  the  licensed
 32        organization;
 33        (b)  The location and date at which each bingo session was conducted;
 34        (c)  The gross revenues of each bingo session;
 35        (d)  The fair market value of any prize given at each bingo session;
 36        (e)  The number of individual players participating in each session;
 37        (f)  The number of cards played in each session;
 38        (g)  The amount paid in prizes at each session;
 39        (h)  The amount paid to the charitable organization;
 40        (i)  All  disbursements  from  bingo revenue and the purpose of those dis-
 41        bursements must be documented on a general ledger and submitted  with  the
 42        annual bingo report to the Idaho lottery commission; and
 43        (j)  An accounting of all gross revenues and the disbursements required by
 44        statute  and rule of the state lottery commission must be retained in per-
 45        manent records with the organization, including the date of each  transac-
 46        tion  and  the  name  and  address of each payee for all prize payments in
 47        excess of one hundred dollars ($100).
 48        (3)  Any organization required to be licensed to conduct bingo  operations
 49    under  the provisions of this chapter shall use only nonreusable colored bingo
 50    paper or electronic bingo  paper  so  that  all  sales  may  be  tracked.  The
 51    nonreusable  colored  paper must have a series and serial number on each card.
 52    At the conclusion of each session, all organizations using  nonreusable  bingo
 53    paper  must  track  their  bingo sales per session by recording the series and
 54    serial numbers of all paper sold, damaged, donated or used  for  promotion  in
 55    that session. Each such organization shall keep a ledger of the numbers of all
  1    such  papers  used  during  each  session. All paper must be tracked as either
  2    sold, damaged, donated, used for promotion, or omitted from the original  dis-
  3    tributor  or  manufacturer.  Paper tracking ledgers and invoices from the dis-
  4    tributor or manufacturer for nonrefundable colored bingo paper  must  be  kept
  5    with the permanent records for that bingo operation.
  6        (4)  Any person who shall willfully or knowingly furnish, supply or other-
  7    wise  give  false  information in any statement filed pursuant to this section
  8    shall be guilty of a misdemeanor.
  9        (5)  All financial books, papers, records and documents of an organization
 10    shall be kept as determined by rule of the state lottery and shall be open  to
 11    inspection  by the county sheriff of the county, or the chief of police of the
 12    city, or the prosecuting attorney of the county where the bingo game was held,
 13    or the attorney general or the state lottery at reasonable  times  and  during
 14    reasonable hours.
 15        (6)  Every  charitable  or nonprofit organization whose annual gross reve-
 16    nues exceed two hundred thousand dollars  ($200,000)  from  the  operation  of
 17    bingo  games shall provide the state lottery with a copy of an annual audit of
 18    the bingo operation. The audit shall be performed  by  an  independent  public
 19    accountant  and submitted within ninety (90) days after the end of the license
 20    year.
 21        SECTION 3.  That Chapter 77, Title 67, Idaho Code, be,  and  the  same  is
 22    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 23    ignated as Section 67-7716, Idaho Code, and to read as follows:
 25    (1)  Electronic  bingo devices and site system software shall be sold, rented,
 26    leased or otherwise provided in this state only by  a  licensed  manufacturer.
 27    Licensed  manufacturers  shall  sell,  rent,  lease  or otherwise provide such
 28    equipment only to a licensed distributor. A copy of any contractual  agreement
 29    between  a  licensed  manufacturer  and a licensed distributor relative to the
 30    marketing of the manufacturer's equipment in this state, shall be provided  to
 31    the commission.
 32        (2)  No  electronic  bingo  device  or  site  system software may be sold,
 33    rented, leased or otherwise provided to any person in this state for use in  a
 34    bingo game conducted pursuant to this chapter unless and until such device and
 35    system  software  have been approved by the commission. Approval of the device
 36    or site system software will be based upon conformance with  the  requirements
 37    contained  in  this  chapter  and  rules established by the commission for the
 38    testing and review of these types of devices and systems.
 39        (3)  A licensed manufacturer  seeking  approval  of  an  electronic  bingo
 40    device  or  site  system software may be required to submit a prototype of the
 41    device or system software for testing and review, at the expense of the  manu-
 42    facturer,  as required by the commission. Once approved, any hardware or soft-
 43    ware modifications must be preapproved by the commission. A licensed  manufac-
 44    turer shall be responsible for the actual costs of testing and examining bingo
 45    card monitoring devices, host systems and site system hardware.
 46        SECTION  4.  That  Chapter  77,  Title 67, Idaho Code, be, and the same is
 47    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 48    ignated as Section 67-7717, Idaho Code, and to read as follows:
 49        67-7717.  MANUFACTURING  AND DISTRIBUTING REQUIREMENTS. (1)  No electronic
 50    bingo device shall be able to monitor more than fifty-four  (54)  bingo  faces
 51    per game. The licensed manufacturer or distributor must restrict the device to
  1    store  no  more  than  fifty-four  (54) faces per bingo game in its electronic
  2    database. After July 1, 2005, the maximum amount  of  electronic  bingo  cards
  3    played per game may be set by rule of the commission.
  4        (2)  Each  electronic bingo device that requires a site system to download
  5    electronic bingo cards to the device, shall have a unique and permanent  iden-
  6    tification  number  hardcoded  into  the device's software. The identification
  7    number shall be communicated from the device to the site system  whenever  the
  8    device  is  connected  to the site system, and printed on all transaction logs
  9    including the player's receipt. Manual input of a device identification number
 10    into the site system or on any transaction log or receipt is prohibited.
 11        (3)  Each electronic bingo device shall  be  programmed  to  automatically
 12    erase  all electronic bingo cards and/or bingo card face numbers stored in the
 13    device: (a) upon turning off the device after the last bingo game of the  ses-
 14    sion  has  been  played, or (b) by some secondary timing method established by
 15    the manufacturer and approved by the commission.
 16        (4)  No electronic bingo device shall be designed to allow  bingo  players
 17    the  ability to design their own bingo cards by choosing, rearranging or plac-
 18    ing numbers on a card.
 19        (5)  A site system shall not be able to engage in any type of  sale,  void
 20    or  reload  transaction  unless an electronic bingo device is connected to and
 21    communicating with the site system.
 22        (6)  A site system shall be restricted to load  no  more  than  fifty-four
 23    (54)  electronic  bingo faces per bingo game into any one (1) electronic bingo
 24    device, and the site system must be interfaced with a printer which is capable
 25    of printing upon request, a continuous hard copy transaction log and a  print-
 26    out  for  the  player showing the device identification number, and all of the
 27    bingo cards and their face numbers loaded into the device. A receipting  func-
 28    tion  for electronic bingo cards must be self-contained within the site system
 29    and must record and print out on a copy which is  given  to  the  player,  the
 30    device  identification number, the date, number of electronic bingo cards pur-
 31    chased or loaded, and the total amount charged for the electronic bingo cards.
 32        (7)  A site system shall be able to  provide  the  winning  game  patterns
 33    required  for  the  entire  bingo session on a hardcopy printout. The printout
 34    must be available upon demand at the bingo session.
 35        (8)  If the commission detects or discovers  any  malfunction  or  problem
 36    with  an electronic bingo device or site system that could affect the security
 37    or integrity of the bingo game, the electronic bingo devices, or the site sys-
 38    tem, the commission may direct the manufacturer, distributor or licensed orga-
 39    nization to cease providing or using the electronic bingo devices or site sys-
 40    tem, as applicable. The commission may require the manufacturer to correct the
 41    problem or recall the devices or system immediately upon notification  by  the
 42    commission  to  the  manufacturer.  Failure  to  take  the  corrective  action
 43    requested  may  result  in  confiscation or seizure of the devices and/or site
 44    system.
 45        (9)  If a manufacturer, distributor or licensed  organization  detects  or
 46    discovers any malfunction or problem with the electronic bingo devices or site
 47    system  which  could affect the security or integrity of the bingo game, bingo
 48    card monitoring devices, or site  system,  the  manufacturer,  distributor  or
 49    licensed  organization, as applicable, shall discontinue use of the devices or
 50    site system and notify the commission by telephone by the next working day  of
 51    such action and the nature of the problem detected. The commission may request
 52    further explanation in writing if deemed necessary.
 53        SECTION  5.  That  Chapter  77,  Title 67, Idaho Code, be, and the same is
 54    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
  1    ignated as Section 67-7718, Idaho Code, and to read as follows:
  2        67-7718.  LICENSED  DISTRIBUTOR  REQUIREMENTS  AND DUTIES. (1)  A licensed
  3    distributor shall purchase, rent, lease or otherwise obtain  electronic  bingo
  4    devices and site system software only from a manufacturer licensed by the com-
  5    mission.  A licensed distributor shall sell, rent, lease or otherwise provide,
  6    only electronic bingo devices and site system software that have been approved
  7    by the commission.
  8        (2)  A licensed distributor shall sell, rent, lease or  otherwise  provide
  9    electronic  bingo  devices  and  site system software in this state only to an
 10    organization holding a charitable gaming bingo license.
 11        (3)  Before the initial use by the  licensed  organization,  the  licensed
 12    distributor  must notify the commission in writing of the sale, rental, lease,
 13    provision, and/or installation of any electronic bingo devices or site  system
 14    software. Such notification shall include:
 15        (a)  The  complete  name  and address of the licensed organization and its
 16        license number;
 17        (b)  The type  of  equipment,  including  serial  numbers,  sold,  rented,
 18        leased, provided or installed;
 19        (c)  The  expected  start-up date for use of the equipment by the licensed
 20        organization; and
 21        (d)  A copy of any agreement between  the  licensed  distributor  and  the
 22        organization for the use of the equipment.
 23        (4)  The  licensed  distributor shall serve as the initial contact for the
 24    licensed organization with respect  to  requests  for  installation,  service,
 25    maintenance,  or  repair of electronic bingo devices and site systems, and for
 26    the ordering of electronic bingo cards, if applicable. The distributor may, as
 27    needed, enlist the aid of the  licensed  manufacturer  in  providing  service,
 28    repair  or  maintenance of the devices or site system. A licensed manufacturer
 29    may, with commission approval, authorize or subcontract with a person or  com-
 30    pany  to service, maintain or repair bingo card monitoring devices and/or site
 31    systems; however, the ultimate liability  for  such  service,  maintenance  or
 32    repair shall be solely that of the licensed manufacturer.
 33        (5)  The  licensed distributor shall invoice the licensed organization and
 34    collect any and all payments for the sale, rental, lease or other use  of  the
 35    electronic  bingo  cards,  bingo card monitoring devices and site systems. The
 36    distributor may, at its discretion, allow the licensed manufacturer to  gener-
 37    ate  the  invoice;  however, all payments by the licensed organization must be
 38    remitted directly to the distributor. The  licensed  distributor  must  ensure
 39    that its name, complete address, and telephone number appear on the invoice as
 40    well  as the name, complete address and license number of the licensed organi-
 41    zation.
 42        (6)  Electronic bingo devices may be transported by a licensed distributor
 43    from one (1) location to another for use by more than one (1) licensed organi-
 44    zation provided the distributor notifies the commission of the rotation sched-
 45    ule of the devices. However, each licensed organization utilizing a site  sys-
 46    tem  must have its own site system, which cannot be moved from its bingo loca-
 47    tion or be used by another organization without prior approval from  the  com-
 48    mission.
 49        SECTION  6.  That  Chapter  77,  Title 67, Idaho Code, be, and the same is
 50    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 51    ignated as Section 67-7719, Idaho Code, and to read as follows:
  1    licensed  organization  shall  purchase, rent, lease or otherwise obtain elec-
  2    tronic bingo devices and site system software only from an Idaho licensed dis-
  3    tributor. A licensed organization may obtain terminals and/or printers  to  be
  4    used  in  conjunction  with site system software obtained from a licensed dis-
  5    tributor, from any source.
  6        (2)  The use of a player-owned electronic bingo device at a bingo  session
  7    is prohibited.
  8        (3)  Electronic  bingo  devices  shall be rented, leased or otherwise pro-
  9    vided to bingo players only by the licensed organization conducting the  bingo
 10    session,  and  only at the time and place of the bingo session. A bingo player
 11    using an electronic bingo device must be physically present on  the  premises,
 12    during the time of the bingo session, in order to be eligible to play bingo or
 13    win any bingo prize.
 14        (4)  Regardless  of  the number of electronic bingo devices made available
 15    for play, at least one (1) device shall be reserved by the licensed  organiza-
 16    tion as a backup device, in the event a device in play malfunctions.
 17        (5)  Electronic  bingo  devices  shall  be  made available to players on a
 18    first-come, first-served basis. No device may  be  reserved  for  any  player,
 19    except  a  device  may be reserved for any player with a disability that would
 20    restrict his or her ability to mark cards and such  disability  is  consistent
 21    with definitions set forth in the Americans with disabilities act.
 22        (6)  No  bingo  player shall be allowed to utilize more than one (1) bingo
 23    card monitoring device at any time during a bingo occasion.
 24        (7)  An electronic bingo device cannot be used to monitor hard bingo cards
 25    or shutter cards.
 26        (8)  A licensed organization shall not permit a bingo player to choose  or
 27    reject  individual  electronic  bingo  cards  loaded  into an electronic bingo
 28    device.
 29        (9)  At the licensed organization's discretion, a  bingo  player  may,  in
 30    addition  to  the maximum fifty-four (54) bingo cards per game which he or she
 31    purchases to monitor with an electronic bingo device, purchase additional dis-
 32    posable paper bingo cards to play using a manual daubing or marking method.
 33        (10) An electronic bingo device shall be downloaded with electronic  bingo
 34    cards by the licensed organization:
 35        (a)  Only upon payment by the player;
 36        (b)  Only  on  the  premises of the licensed organization's bingo session;
 37        and
 38        (c)  Only during the time of the bingo session.
 39        (11) A licensed organization may, at its discretion, charge a separate fee
 40    to players for the use of an electronic bingo device. The fee charged must  be
 41    separately stated on the cash register and bingo player's receipt and shall be
 42    included in the bingo cash receipts.
 43        (12) The  sale  of  all bingo cards used in conjunction with an electronic
 44    bingo device must be receipted by either cash register or site  system.  Addi-
 45    tional  disposable paper bingo card sales must be separately receipted and, in
 46    addition, the cash register and player's receipt must identify  and  show  the
 47    sale  of disposable paper bingo cards separately from that of electronic bingo
 48    cards.

Statement of Purpose / Fiscal Impact

                     STATEMENT  OF  PURPOSE
                            RS 14468

The Idaho State Lottery is responsible for regulating bingo and
monitoring the operation of charitable bingo in Idaho.  The
Bingo/Raffle Advisory Board has the responsibility to review the
operation and regulation of bingo games and raffle events in Idaho
and to make recommendations as to the type, scope, manner and
frequency of bingo games and raffle events in Idaho.  Consistent
with these obligations the Idaho State Lottery and the Advisory
Board recommends the above statute for the use, regulation and
reporting of hand held bingo devices in Idaho.  These devices
required player input and participation consistent with that of the
traditional use of bingo cards or paper.  A player must manually
input each bingo number called and, upon fulfilling the
requirements set for a "winning card" must declare their winning
hand in the same way as declared by players playing traditional

The use of these devices allows persons with physical disabilities
to continue to play bingo.  The use of these devices also provides
a computer generated accounting record of all transactions, thereby
facilitating accurate accounting and auditing by the Idaho State
Lottery Security Division in fulfilling their responsibility to
assure honest and fair play in Idaho's Bingo games. 

                           FISCAL NOTE

There is no fiscal impact to the General Fund

Name:          Roger Simmons, Director
Agency:        Lottery Commission
Phone:         334-2600

STATEMENT OF PURPOSE/FISCAL NOTE                       H 23