HB-5009, As Passed House, March 29, 2012

SUBSTITUTE FOR

HOUSE BILL NO. 5009

     A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

by amending section 303a (MCL 750.303a), as added by 1996 PA 539.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 303a. (1) This chapter does not apply to recreational

card playing conducted at a senior citizen housing facility or

senior citizen's center that is not licensed by the liquor control

commission by a senior citizens club or a group of residents of a

the senior citizen housing facility or a group of senior [

that consists of at least 15 members who CITIZENS,] all of whom

are 60 years of age or older, under all of the following

circumstances:

     (a) The card playing is conducted solely for the amusement and

recreation of the members and guests of the club or group and is

not conducted for fund-raising or profit. The number of guests

individuals participating in the card playing shall not exceed the

number of club or group members participating in the card playing.

     (b) Only bona fide members and employees of the club or group

facilitate or participate in the conduct of the activity.

     (c) The card playing is conducted after 9 a.m. and before 12

midnight.

     (d) The participating cardplayers pay not more than $5.00 to

buy or rebuy into the card playing and bet not more than 25 cents

per bet.

     (e) The winnings from 1 hand of cards do not exceed $5.00.

     (f) Except for winnings, revenue generated from the activity

is used for reasonable actual expenses incurred in conducting the

card playing, and, except for the individuals participating in the

card playing, no person is compensated for participating in or

makes a profit from the conduct of the card playing or facilitating

the card playing, including providing the facility in which the

card playing is conducted.

     (2) As used in this section:

     (a) "Senior citizen housing facility" means a facility that

provides residential housing restricted to individuals who are 60

years of age or older.

     (b) "Senior citizen's center" means a facility established or

funded by a local unit of government for the use and benefit of

individuals who are 60 years of age or older.