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H. B. No. 263As IntroducedAs Introduced
| 125th General Assembly | | Regular Session | | 2003-2004 |
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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 Code to allow a veteran's organization, fraternal organization, or sporting organization that is licensed to conduct bingo to retain one hundred per cent of the net profit from the proceeds of the sale of instant bingo for its own charitable purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2915.101 and 2915.13 of the Revised Code be amended to read as follows:
Sec. 2915.101. Except as otherwise provided by law, a
charitable organization that conducts instant bingo shall
distribute the net profit from the proceeds of the sale of instant
bingo as follows:
(A)(1) If a veteran's organization, a fraternal
organization, or a sporting organization
conducted the instant bingo, the organization shall
distribute
the net profit from the proceeds of the sale of instant bingo, as follows: (a) A minimum of fifty per cent shall be distributed to an
organization
described in division (Z)(1) of section 2915.01 of
the Revised
Code or to a department or agency of the federal
government, the
state, or any political subdivision;
(b) Five per cent may be distributed for the
organization's own charitable purposes.
(c) Forty-five per cent may be deducted and retained by the
organization for the organization's expenses in conducting the
instant bingo game.
(2) If a veteran's organization, a fraternal organization, or a sporting organization
does not distribute the full percentages specified in divisions
(A)(1)(b) and (c) of this section for the purposes specified in
those divisions, the organization shall distribute the balance of
the net profit from the proceeds of the sale of instant bingo not distributed or retained for those purposes to
an organization described in division (Z)(1) of section 2915.01 of
the Revised Code.
(3) A veteran's organization, a fraternal organization, or a sporting organization shall pay the expenses that are directly for the conduct of instant bingo by check from the checking account devoted exclusively to the bingo session or game and may deduct and retain the remainder of the thirty-five per cent of the net profit from the proceeds of the sale of instant bingo that is for the organization's expenses in conducting the instant bingo game and may transfer that remainder into the organization's general account.
(B) If a charitable organization other than a veteran's
organization, a fraternal organization, or a sporting organization conducted the instant
bingo, the organization shall distribute one hundred per cent of the net profit from the proceeds of the sale of instant bingo to an
organization
described in division (Z)(1) of section 2915.01 of
the Revised
Code or, to a department or agency of the federal
government, the
state, or any political subdivision, or to a veteran's organization, fraternal organization, or sporting organization that is licensed to conduct any form of bingo pursuant to section 2915.08 of the Revised Code.
Sec. 2915.13. (A) A veteran's organization, a fraternal
organization, or a sporting organization authorized to conduct a bingo session pursuant to
sections 2915.01 to 2915.12 of the Revised Code may conduct
instant bingo other than at a bingo session if all of
the
following apply:
(1) The veteran's organization, fraternal organization, or sporting organization
limits the sale of instant bingo to ten consecutive hours per
day
for up to six days per week.
(2) The veteran's organization, fraternal organization, or sporting organization
limits the sale of instant bingo to its own premises and to its
own members and invited guests. (3) The veteran's organization, fraternal organization, or sporting organization is
raising money for an organization that is described in subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code and is either a governmental unit or an organization that maintains its principal place of business in this state, that is exempt from federal income taxation under subsection 501(a) and described in subsection 501(c)(3) of the Internal Revenue Code, and that is in good standing in this state and executes a written
contract with that organization as required in division
(B) of this section, or the veteran's organization, fraternal organization, or sporting organization is raising money for its own charitable purposes.
(B) If a veteran's organization, fraternal organization, or sporting organization
authorized to conduct instant bingo pursuant to division (A) of
this section is raising money for another organization that is described in subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code and is either a governmental unit or an organization that maintains its principal place of business in this state, that is exempt from federal income taxation under subsection 501(a) and described in subsection 501(c)(3) of the Internal Revenue Code, and that is in good standing in this state,
the veteran's organization, fraternal organization, or sporting organization shall execute
a written contract with the organization that is described in subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code and is either a governmental unit or an organization that maintains its principal place of business in this state, that is exempt from federal income taxation under subsection 501(a) and described in subsection 501(c)(3) of the Internal Revenue Code, and that is in good standing in this state in order to
conduct instant bingo. That contract shall include a statement of
the percentage of the net proceeds that the veteran's, fraternal, or sporting
organization will be distributing to the organization that is described in subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code and is either a governmental unit or an organization that maintains its principal place of business in this state, that is exempt from federal income taxation under subsection 501(a) and described in subsection 501(c)(3) of the Internal Revenue Code, and that is in good standing in this state.
(C)(1) If a veteran's organization, fraternal organization, or sporting organization
authorized to conduct instant bingo pursuant to division (A) of
this section has been issued a liquor permit under Chapter 4303.
of the Revised Code, that permit may be subject to suspension,
revocation, or cancellation if the veteran's organization,
fraternal organization, or sporting organization violates a provision of sections 2915.01 to
2915.13 of the Revised Code.
(2) No veteran's organization, fraternal organization, or sporting organization that
enters into a written contract pursuant to division (B) of this
section shall violate any provision of Chapter 2915. of the
Revised Code, or permit, aid, or abet any other person in
violating any provision of Chapter 2915. of the Revised Code.
(D) A veteran's organization, fraternal organization, or sporting organization shall
give all required proceeds earned from the conduct of instant
bingo to the organization with which the veteran's
organization, fraternal organization, or sporting organization has entered into a written
contract or retain the proceeds earned from the conduct of instant bingo if the veteran's organization, fraternal organization, or sporting organization is raising money for its own charitable purposes. (E) Whoever violates this section is guilty of illegal
instant bingo conduct. Except as otherwise provided in this
division, illegal instant bingo conduct is a misdemeanor of the
first degree. If the offender previously has been convicted of a
violation of this section, illegal instant bingo conduct is a
felony of the fifth degree.
Section 2. That existing sections 2915.101 and 2915.13 of the Revised Code are hereby repealed.
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