2007 Legislation
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HOUSE BILL NO. 114 – Bingo, definition


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Bill Status

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

Bill Text

  ]]]]              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
  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.
  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.
  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 / Fiscal Impact

                       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

Name:  Hal Franck
Phone: 208-832-2112
       Rep. Nielsen

STATEMENT OF PURPOSE/FISCAL NOTE                         H 114