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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 organizations. 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
]]]] 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 2 RELATING TO REGULATION OF ELECTRONIC BINGO DEVICES; AMENDING SECTION 67-7702, 3 IDAHO CODE, TO DEFINE ADDITIONAL TERMS AND TO MAKE A TECHNICAL CORRECTION; 4 AMENDING SECTION 67-7709, IDAHO CODE, TO INCLUDE REFERENCE TO ELECTRONIC 5 BINGO PAPER; AMENDING CHAPTER 77, TITLE 67, IDAHO CODE, BY THE ADDITION OF 6 A NEW SECTION 67-7716, IDAHO CODE, TO GOVERN THE APPROVAL OF ELECTRONIC 7 BINGO DEVICES AND SITE SYSTEMS AND TO AUTHORIZE TESTING; AMENDING CHAPTER 8 77, TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 67-7717, IDAHO 9 CODE, TO SPECIFY REQUIREMENTS FOR MANUFACTURE AND DISTRIBUTION OF ELEC- 10 TRONIC BINGO DEVICES INCLUDING REQUIREMENTS FOR DOWNLOAD AND CERTAIN PRO- 11 HIBITIONS, RESTRICTIONS ON NUMBERS OF FACES PER GAME, AND PROCEDURES FOL- 12 LOWING MALFUNCTIONS; AMENDING CHAPTER 77, TITLE 67, IDAHO CODE, BY THE 13 ADDITION OF A NEW SECTION 67-7718, IDAHO CODE, TO SPECIFY REQUIREMENTS AND 14 DUTIES OF LICENSED DISTRIBUTORS INCLUDING NOTIFICATION REQUIREMENTS AND 15 INVOICE REQUIREMENTS; AND AMENDING CHAPTER 77, TITLE 67, IDAHO CODE, BY 16 THE ADDITION OF A NEW SECTION 67-7719, IDAHO CODE, TO GOVERN OPERATIONS OF 17 LICENSED ORGANIZATIONS. 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 2 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 3 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 (1 03) "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 (1 14) "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 (1 26) "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 (1 37) "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: 24 67-7709. ACCOUNTING AND USE OF BINGO PROCEEDS. 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 4 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 5 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: 24 67-7716. ELECTRONIC BINGO DEVICE AND SITE SYSTEMS -- APPROVAL REQUIRED. 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 6 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- 7 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: 52 67-7719. LICENSED ORGANIZATIONS -- USE OF ELECTRONIC BINGO DEVICES. (1) A 8 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 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 cards. 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 Contact Name: Roger Simmons, Director Agency: Lottery Commission Phone: 334-2600 STATEMENT OF PURPOSE/FISCAL NOTE H 23