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2023 SESSION

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SB 1235 Charitable gaming; exemptions from certain requirements for specified organizations.

Introduced by: Mark D. Obenshain | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED SENATE: (all summaries)

Charitable gaming; exemptions from certain requirements for specified organizations. Requires qualified organizations that reasonably expect, on the basis of prior charitable gaming annual results or any other quantifiable method, to realize gross receipts of $40,000 or less from all charitable gaming other than raffles, conducted on a total of no more than seven days per calendar year, to register with the Department of Agriculture and Consumer Services (the Department) on a form prescribed by the Department. Such form shall only require the organization to provide (i) proof of the organization's nonprofit status; (ii) contact information for the chief executive officer of the organization or his designee; (iii) the location, dates, and times of any expected charitable gaming activity; (iv) a description of the general nature of the anticipated charitable gaming activity; and (v) a signed attestation that the organization (a) does not reasonably expect to realize more than $40,000 in gross receipts on a total of no more than seven days per calendar year for the charitable gaming activities listed on the registration form, (b) understands that should the organization exceed the $40,000 threshold, it will be required to file a report of its receipts and disbursements, and (c) understands it shall be required to comply with the law and Department regulations governing charitable gaming. Under current law, any such organization is required to apply for a permit with the Department before conducting any charitable gaming.

The bill also provides that any qualified organization may, as part of its annual fundraising event, sell instant bingo, pull tabs, or seal cards provided that (1) any such instant bingo, pull tabs, or seal cards are dispensed by mechanical equipment only; (2) the sale of the same is limited to a single event of no more than seven days per calendar year; (3) any such event is open to the public; and (4) no such organization realizes actual gross receipts of more than $40,000 from the conduct of all charitable gaming other than raffles on a total of no more than seven days per calendar year. Under current law, only athletic associations, booster clubs, or band booster clubs may, as part of their annual fundraising event, sell instant bingo, pull tabs, or seal cards. Finally, the bill prohibits the Department from requiring a qualified organization that realizes annual gross receipts of $40,000 or less to file a report of its receipts and disbursements. This bill is identical to HB 2125.


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