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H0114......................................................by STATE AFFAIRS
BINGO - Amends existing law to revise the definition of "bingo."
02/06 House intro - 1st rdg - to printing
02/07 Rpt prt - to St Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 114
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO BINGO; AMENDING SECTION 67-7702, IDAHO CODE, TO REVISE THE DEFINI-
3 TION OF "BINGO."
4 Be It Enacted by the Legislature of the State of Idaho:
5 SECTION 1. That Section 67-7702, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 67-7702. DEFINITIONS. As used in this chapter:
8 (1) "Bingo" means the traditional game of chance played for a prize
9 determined prior to the start of the game.
10 (a) Upon approval by the bingo-raffle advisory board a licensee may offer
11 bingo games in which players are allowed to select their own numbers if
12 the cards used to conduct the games have controls that provide an audit
13 trail adequate to determine all winning number combinations.
14 (b) Card-minding devices are prohibited. Autodaubing features are prohib-
15 ited.
16 (c) Bingo shall not include "instant bingo" which is a game of chance
17 played by the selection of one (1) or more prepackaged bingo cards, with
18 the winner determined by the appearance of a preprinted winning designa-
19 tion on the bingo card.
20 (2) "Bingo-raffle advisory board" means a board of six (6) persons chosen
21 by the governor to make advisory recommendations regarding bingo and raffle
22 operations and regulation in Idaho.
23 (3) "Charitable organization" means an organization that has been in con-
24 tinuous existence in the county of operation of the charitable bingo game or
25 raffle for at least one (1) year and that is exempt from taxation under sec-
26 tion 501(c)(3), 501(c)(4), 501(c)(6), 501(c)(8), 501(c)(10), 501(c)(19) or
27 501(d) of the Internal Revenue Code and is exempt from income taxation under
28 title 63, Idaho Code, as a bona fide nonprofit charitable, civic, religious,
29 fraternal, patriotic or veterans organization or as a nonprofit volunteer fire
30 department, or as a nonprofit volunteer rescue squad, or as a nonprofit volun-
31 teer educational booster group, parent-teacher organization or association. If
32 the organization has local branches or chapters, the term "charitable organi-
33 zation" means the local branch or chapter operating the bingo or raffle game.
34 (4) "Commission" means the Idaho state lottery commission as defined in
35 section 67-7404, Idaho Code.
36 (5) "Duck race" means a charitable raffle played by releasing numbered,
37 inanimate toys (ducks) into a body of moving water. A person who has been
38 assigned the same number as the first duck to cross a predetermined point in
39 the water (the finish line) is the winner. Other prizes may be awarded on the
40 basis of the order in which the ducks cross the finish line. With the excep-
41 tion of determining "net proceeds," all restrictions and requirements applica-
42 ble to the conduct of charitable raffles in this chapter shall also apply to
43 the conduct of duck races.
2
1 (6) "Electronic bingo card" or "face" means an electronic facsimile of a
2 bingo card or face, from a permutation of bingo cards formulated by a manufac-
3 turer licensed in Idaho, which is stored and/or displayed in a bingo card-
4 monitoring device. An electronic bingo card or face is deemed to be a form of
5 disposable paper bingo card.
6 (7) (a) "Electronic bingo device" means an electronic device used by a
7 bingo player to monitor bingo cards purchased at the time and place of a
8 licensed organization's bingo session, and which:
9 (i) Provides a means for bingo players to input numbers announced
10 by a bingo caller;
11 (ii) Requires the player to manually enter the numbers as they are
12 announced by a bingo caller;
13 (iii) Compares the numbers entered by the bingo player to the numbers
14 contained on bingo cards previously stored in the electronic database
15 of the device;
16 (iv) Identifies winning bingo patterns; and
17 (v) Signals only the bingo player when a winning bingo pattern is
18 achieved.
19 (b) "Electronic bingo device" does not mean or include any device into
20 which coins, currency, or tokens are inserted to activate play, or any
21 device which is interfaced with or connected to any host system which can
22 transmit or receive any ball call information, site system or any other
23 type of bingo equipment once the device has been activated for use by the
24 bingo player.
25 (8) "Gross revenues" shall mean all moneys paid by players during a bingo
26 game or session for the playing of bingo or raffle event and shall not include
27 money paid for concessions.
28 (9) "Holiday Christmas tree fundraiser" means a charitable raffle played
29 by persons bidding on decorated holiday trees with the proceeds being utilized
30 for senior citizen centers or hospitals or hospital auxiliaries. With the
31 exception of determining "net proceeds," all restrictions and requirements
32 applicable to the conduct of charitable raffles in this chapter shall also
33 apply to the conduct of holiday Christmas tree fundraisers.
34 (10) "Host system" means the computer hardware, software and peripheral
35 equipment of a licensed manufacturer which is used to generate and download
36 electronic bingo cards to a licensed organization's site system, and which
37 monitors sales and other activities of a site system.
38 (11) "Nonprofit organization" means an organization incorporated under
39 chapter 3, title 30, Idaho Code, or an unincorporated association recognized
40 under chapter 7, title 53, Idaho Code.
41 (12) "Organization" means a charitable organization or a nonprofit organi-
42 zation.
43 (13) "Person" shall be construed to mean and include an individual, asso-
44 ciation, corporation, club, trust, estate, society, company, joint stock com-
45 pany, receiver, trustee, assignee, referee or any other person acting in a
46 fiduciary or representative capacity, whether appointed by a court or other-
47 wise, and any combination of individuals. "Person" shall also be construed to
48 mean and include departments, commissions, agencies and instrumentalities of
49 the state of Idaho, including counties and municipalities and agencies or
50 instrumentalities thereof.
51 (14) "Raffle" means a game in which the prize is won by random drawing of
52 the name or number of one (1) or more persons purchasing chances.
53 (15) "Session" means a period of time not to exceed eight (8) hours in any
54 one (1) day in which players are allowed to participate in bingo games oper-
55 ated by a charitable or nonprofit organization.
3
1 (16) "Site system" means the computer hardware, software and peripheral
2 equipment used by a licensed organization at the site of its bingo session
3 which provides electronic bingo cards or bingo card monitoring devices to
4 players, and which receipts the sale or rental of such cards and devices and
5 generates reports relative to such sales or rentals.
6 (17) "Special permit" means a permit that can be obtained by a charitable
7 organization that is not licensed but qualifies to operate an exempt bingo
8 operation. This permit allows a qualifying organization to operate bingo games
9 at a county fair for the duration of the fair.
10 (18) "Vendor" means an applicant, licensee or manufacturer, distributor or
11 supplier licensed or unlicensed that furnishes or supplies bingo or raffle
12 equipment, disposable or nondisposable cards and any and all related gaming
13 equipment.
STATEMENT OF PURPOSE
RS 16871
The purpose of this legislation is to amend Section 67-7702,
Idaho Code, to revise the definition of "Bingo." This
legislation would authorize charitable organizations to market
Bingo themes on their tickets.
FISCAL NOTE
None.
Contact
Name: Hal Franck
Phone: 208-832-2112
Rep. Nielsen
208-332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 114