As Introduced

125th General Assembly
Regular Session
2003-2004
H. B. No. 263


REPRESENTATIVES Seaver, Allen, Aslanides, Boccieri, Book, Carano, Cirelli, Collier, Distel, Domenick, Driehaus, Faber, Fessler, Harwood, Koziura, Perry, Redfern, Sferra, Willamowski, Wilson



A BILL
To amend sections 2915.101 and 2915.13 of the Revised 1
Code to allow a veteran's organization, fraternal 2
organization, or sporting organization that is 3
licensed to conduct bingo to retain one hundred 4
per cent of the net profit from the proceeds of 5
the sale of instant bingo for its own charitable 6
purposes.7


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That sections 2915.101 and 2915.13 of the Revised 8
Code be amended to read as follows:9

       Sec. 2915.101. Except as otherwise provided by law, a10
charitable organization that conducts instant bingo shall11
distribute the net profit from the proceeds of the sale of instant12
bingo as follows:13

       (A)(1) If a veteran's organization, a fraternal organization, 14
or a sporting organization conducted the instant bingo, the 15
organization shall distribute the net profit from the proceeds of 16
the sale of instant bingo, as follows:17

       (a) A minimum of fifty per cent shall be distributed to an18
organization described in division (Z)(1) of section 2915.01 of19
the Revised Code or to a department or agency of the federal20
government, the state, or any political subdivision;21

       (b) Five per cent may be distributed for the organization's 22
own charitable purposes.23

       (c) Forty-five per cent may be deducted and retained by the24
organization for the organization's expenses in conducting the25
instant bingo game.26

       (2) If a veteran's organization, a fraternal organization, or 27
a sporting organization does not distribute the full percentages 28
specified in divisions (A)(1)(b) and (c) of this section for the 29
purposes specified in those divisions, the organization shall 30
distribute the balance of the net profit from the proceeds of the 31
sale of instant bingo not distributed or retained for those 32
purposes to an organization described in division (Z)(1) of 33
section 2915.01 of the Revised Code.34

       (3) A veteran's organization, a fraternal organization, or a 35
sporting organization shall pay the expenses that are directly for 36
the conduct of instant bingo by check from the checking account 37
devoted exclusively to the bingo session or game and may deduct 38
and retain the remainder of the thirty-five per cent of the net 39
profit from the proceeds of the sale of instant bingo that is for 40
the organization's expenses in conducting the instant bingo game 41
and may transfer that remainder into the organization's general 42
account.43

       (B) If a charitable organization other than a veteran's44
organization, a fraternal organization, or a sporting organization 45
conducted the instant bingo, the organization shall distribute one 46
hundred per cent of the net profit from the proceeds of the sale 47
of instant bingo to an organization described in division (Z)(1) 48
of section 2915.01 of the Revised Code or, to a department or 49
agency of the federal government, the state, or any political 50
subdivision, or to a veteran's organization, fraternal 51
organization, or sporting organization that is licensed to conduct 52
any form of bingo pursuant to section 2915.08 of the Revised Code.53

       Sec. 2915.13. (A) A veteran's organization, a fraternal54
organization, or a sporting organization authorized to conduct a 55
bingo session pursuant to sections 2915.01 to 2915.12 of the 56
Revised Code may conduct instant bingo other than at a bingo 57
session if all of the following apply:58

        (1) The veteran's organization, fraternal organization, or 59
sporting organization limits the sale of instant bingo to ten 60
consecutive hours per day for up to six days per week.61

        (2) The veteran's organization, fraternal organization, or 62
sporting organization limits the sale of instant bingo to its own 63
premises and to its own members and invited guests.64

       (3) The veteran's organization, fraternal organization, or 65
sporting organization is raising money for an organization that is 66
described in subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the 67
Internal Revenue Code and is either a governmental unit or an 68
organization that maintains its principal place of business in 69
this state, that is exempt from federal income taxation under 70
subsection 501(a) and described in subsection 501(c)(3) of the 71
Internal Revenue Code, and that is in good standing in this state 72
and executes a written contract with that organization as required 73
in division (B) of this section, or the veteran's organization, 74
fraternal organization, or sporting organization is raising money 75
for its own charitable purposes.76

        (B) If a veteran's organization, fraternal organization, or 77
sporting organization authorized to conduct instant bingo pursuant 78
to division (A) of this section is raising money for another 79
organization that is described in subsection 509(a)(1), 509(a)(2), 80
or 509(a)(3) of the Internal Revenue Code and is either a 81
governmental unit or an organization that maintains its principal 82
place of business in this state, that is exempt from federal 83
income taxation under subsection 501(a) and described in 84
subsection 501(c)(3) of the Internal Revenue Code, and that is in 85
good standing in this state, the veteran's organization, fraternal 86
organization, or sporting organization shall execute a written 87
contract with the organization that is described in subsection 88
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code 89
and is either a governmental unit or an organization that 90
maintains its principal place of business in this state, that is 91
exempt from federal income taxation under subsection 501(a) and 92
described in subsection 501(c)(3) of the Internal Revenue Code, 93
and that is in good standing in this state in order to conduct 94
instant bingo. That contract shall include a statement of the 95
percentage of the net proceeds that the veteran's, fraternal, or 96
sporting organization will be distributing to the organization 97
that is described in subsection 509(a)(1), 509(a)(2), or 509(a)(3) 98
of the Internal Revenue Code and is either a governmental unit or 99
an organization that maintains its principal place of business in 100
this state, that is exempt from federal income taxation under 101
subsection 501(a) and described in subsection 501(c)(3) of the 102
Internal Revenue Code, and that is in good standing in this state.103

        (C)(1) If a veteran's organization, fraternal organization, 104
or sporting organization authorized to conduct instant bingo 105
pursuant to division (A) of this section has been issued a liquor 106
permit under Chapter 4303. of the Revised Code, that permit may be 107
subject to suspension, revocation, or cancellation if the 108
veteran's organization, fraternal organization, or sporting 109
organization violates a provision of sections 2915.01 to 2915.13 110
of the Revised Code.111

       (2) No veteran's organization, fraternal organization, or 112
sporting organization that enters into a written contract pursuant 113
to division (B) of this section shall violate any provision of 114
Chapter 2915. of the Revised Code, or permit, aid, or abet any 115
other person in violating any provision of Chapter 2915. of the 116
Revised Code.117

        (D) A veteran's organization, fraternal organization, or 118
sporting organization shall give all required proceeds earned from 119
the conduct of instant bingo to the organization with which the 120
veteran's organization, fraternal organization, or sporting 121
organization has entered into a written contract or retain the 122
proceeds earned from the conduct of instant bingo if the veteran's 123
organization, fraternal organization, or sporting organization is 124
raising money for its own charitable purposes.125

       (E) Whoever violates this section is guilty of illegal126
instant bingo conduct. Except as otherwise provided in this127
division, illegal instant bingo conduct is a misdemeanor of the128
first degree. If the offender previously has been convicted of a129
violation of this section, illegal instant bingo conduct is a130
felony of the fifth degree.131

       Section 2. That existing sections 2915.101 and 2915.13 of the 132
Revised Code are hereby repealed.133