SENATE BILL No. 108

 

 

January 28, 2009, Introduced by Senators KAHN, GARCIA, VAN WOERKOM, KUIPERS and PAPPAGEORGE and referred to the Committee on Economic Development and Regulatory Reform.

 

 

 

     A bill to amend 1972 PA 382, entitled

 

"Traxler-McCauley-Law-Bowman bingo act,"

 

by amending section 3 (MCL 432.103), as amended by 2008 PA 401.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 3. As used in this act:

 

     (a) "Educational organization" means an organization within

 

this state that is organized not for pecuniary profit, whose

 

primary purpose is educational in nature and designed to develop

 

the capabilities of individuals by instruction in any public or

 

private elementary or secondary school that complies with the

 

revised school code, 1976 PA 451, MCL 380.1 to 380.1852, or any

 

private or public college or university that is organized not for

 

pecuniary profit and that is approved by the state board of

 

education.

 


     (b) "Fraternal organization" means an organization within this

 

state, except a college fraternity or sorority, that is organized

 

not for pecuniary profit; that is a branch, lodge, or chapter of a

 

national or state organization; and that exists for the common

 

purpose, brotherhood, or other interests of its members.

 

     (c) "Licensee" means a person or qualified organization

 

licensed under this act.

 

     (d) "Member" means an individual who qualified for membership

 

in a qualified organization under its bylaws, articles of

 

incorporation, charter, rules, or other written statement.

 

     (e) "Michigan national guard" and "military" mean those terms

 

as defined in section 105 of the Michigan military act, 1967 PA

 

150, MCL 32.505.

 

     (f) "Person" means a natural person, firm, association,

 

corporation, or other legal entity.

 

     (g) "Qualified organization" means, subject to subdivision

 

(h), either of the following:

 

     (i) A bona fide religious, educational, service, senior

 

citizens, fraternal, or veterans' organization that operates

 

without profit to its members and that either has been in existence

 

continuously as an organization for a period of 5 years or is

 

exempt from taxation under 26 USC 501(c).

 

     (ii) Only for the purpose of conducting a small raffle or a

 

large raffle under this act, a component of the military or the

 

Michigan national guard whose members are in active service or

 

active state service.

 

     (h) "Qualified organization" does not include a candidate

 


committee, political committee, political party committee, ballot

 

question committee, independent committee, or any other committee

 

as defined by, and organized under, the Michigan campaign finance

 

act, 1976 PA 388, MCL 169.201 to 169.282.

 

     (i) "Religious organization" means any of the following:

 

     (i) An organization, church, body of communicants, or group

 

that is organized not for pecuniary profit and that gathers in

 

common membership for mutual support and edification in piety,

 

worship, and religious observances.

 

     (ii) A society of individuals that is organized not for

 

pecuniary profit and that unites for religious purposes at a

 

definite place.

 

     (iii) A church related private school that is organized not for

 

pecuniary profit.

 

     (j) "Senior citizens organization" means an organization

 

within this state that is organized not for pecuniary profit, that

 

consists of at least 15 members who are 60 years of age or older,

 

and that exists for their mutual support and for the advancement of

 

the causes of elderly or retired persons.

 

     (k) "Service organization" means either of the following:

 

     (i) A branch, lodge, or chapter of a national or state

 

organization that is organized not for pecuniary profit and that is

 

authorized by its written constitution, charter, articles of

 

incorporation, or bylaws to engage in a fraternal, civic, or

 

service purpose within the state.

 

     (ii) A local civic organization that is organized not for

 

pecuniary profit; that is not affiliated with a state or national

 


organization; that is recognized by resolution adopted by the local

 

governmental subdivision in which the organization conducts its

 

principal activities; whose constitution, charter, articles of

 

incorporation, or bylaws contain a provision for the perpetuation

 

of the organization as a nonprofit organization; whose entire

 

assets are used for charitable purposes; and whose constitution,

 

charter, articles of incorporation, or bylaws contain a provision

 

that all assets, real property, and personal property shall revert

 

to the benefit of the local governmental subdivision that granted

 

the resolution upon dissolution of the organization.

 

     (l) "Veterans' organization" means an organization within this

 

state, or a branch, lodge, or chapter within this state of a state

 

organization or of a national organization chartered by the

 

congress of the United States, that is organized not for pecuniary

 

profit, the membership of which consists of individuals who were

 

members of the armed services or armed forces of the United States.

 

Veterans' organization includes an auxiliary of a veterans'

 

organization that is a national organization chartered by the

 

congress of the United States.