April 12, 2007, Introduced by Rep. Rocca and referred to the Committee on Regulatory Reform.
A bill to amend 1972 PA 382, entitled
"Traxler-McCauley-Law-Bowman bingo act,"
by amending sections 2, 3, and 9 (MCL 432.102, 432.103, and
432.109), sections 2 and 9 as amended by 1999 PA 108 and section 3
as amended by 2006 PA 427.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a) "Active service" and "active state service" mean those
terms as defined in section 105 of the Michigan military act, 1967
PA 150, MCL 32.505.
(b)
(1) "Advertising" means all printed matter,
handouts,
flyers, radio, television, advertising signs, billboards, and other
media used to promote an event licensed under this act.
(c) (2)
"Bingo" means a game of
chance commonly known as bingo
in which prizes are awarded on the basis of designated numbers or
symbols conforming to numbers or symbols selected at random.
(d) (3)
"Bureau" means the bureau
of state lottery as created
by section 5 of the McCauley-Traxler-Law-Bowman-McNeely lottery
act,
1972 PA 239, MCL 432.1 to 432.47432.5.
(e) (4)
"Charity game" means the
random resale of a series of
charity game tickets.
(f) (5)
"Charity game ticket" means
a ticket commonly referred
to
as a break openbreak-open ticket or pull-tab that is approved
and acquired by the bureau and is distributed and sold by the
bureau or a licensed supplier to a qualified organization, a
portion of which is removed to discover whether the ticket is a
winning ticket and whether the purchaser may be awarded a prize.
(g) (6)
"Commissioner" means the
commissioner of state lottery
as
defined by section 3appointed
under section 7 of the McCauley-
Traxler-Law-Bowman-McNeely lottery act, 1972 PA 239, MCL
432.3432.7.
(h) (7)
"Coverall pattern" means
a pattern required to win a
bingo game in which all numbers on a bingo card are required to be
called.
Sec. 3. As used in this act:
(a)
(1) "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) (2)
"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) (3)
"Licensee" means a person
or qualified organization
licensed under this act.
(d) (4)
"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) (5)
"Person" means a natural
person, firm, association,
corporation, or other legal entity.
(g) (6)
"Qualified organization"
means, a 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). Qualified organization
(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) (7)
"Religious organization"
means any of the following:
(i) (a)
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) (b)
A society of individuals that is
organized not for
pecuniary profit and that unites for religious purposes at a
definite place.
(iii) (c)
A church related private school
that is organized not
for pecuniary profit.
(j) (8)
"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) (9)
"Service organization"
means either of the following:
(i) (a)
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) (b)
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) (10)
"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.
Sec.
9. (1) The Except
as provided in subsection (2), the
entire net proceeds of an event shall be devoted exclusively to the
lawful purposes of the licensee. A licensee shall not incur or pay
an item of expense in connection with the holding, operating, or
conducting of an event except the following expenses in reasonable
amounts:
(a) The purchase or rental of equipment necessary for
conducting an event and payment of services reasonably necessary
for the repair of equipment.
(b) Cash prizes or the purchase of prizes of merchandise.
(c) Rental of the location at which the event is conducted.
(d) Janitorial services.
(e) The fee required for issuance or reissuance of a license
to conduct the event.
(f) Other reasonable expenses incurred by the licensee, not
inconsistent with this act, as permitted by rule of the
commissioner.
(2) A qualified organization described in section 3(g)(ii)
shall use the entire net proceeds of an event, after paying items
of expense incurred in reasonable amounts in connection with the
holding, operating, or conducting of the event and listed in
subsection (1), only for the expense of training or purchasing
goods for the support of the members of the component.