WSR 09-19-080

PERMANENT RULES

GAMBLING COMMISSION


[ Order 661 -- Filed September 17, 2009, 8:04 a.m. , effective October 18, 2009 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: This change restores the requirements for demonstrating significant progress for all charitable or nonprofits licensees, not just Groups IV and V. Making significant progress is required under RCW 9.46.0209.

Citation of Existing Rules Affected by this Order: Amending WAC 230-07-020.

Statutory Authority for Adoption: RCW 9.46.070.

Adopted under notice filed as WSR 09-15-074 on July 13, 2009.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: September 11, 2009.

Michelle M. Pardee

Acting Rules Coordinator

OTS-1785.3


AMENDATORY SECTION(Amending Order 609, filed 4/24/07, effective 1/1/08)

WAC 230-07-020   Making "significant progress."   Charitable or nonprofit licensees ((in Groups IV and V)) must make "significant progress" toward their stated purpose. They have made "significant progress" when they have:

(1) Complied with all requirements set forth in their bylaws and articles of incorporation; and

(2) Actively engaged in providing services to the public or their members during the fiscal year under review, and the services directly relate to the stated purposes of the organization; and

(3) Held elections to select officers at least once in the previous two years; and

(4) Held a general membership meeting to conduct the business of the organization at least once in the previous two years; and

(5) Used a substantial portion of the licensees' "available resources" for providing program services during the fiscal year under review. For purposes of this section, "available resources":

(a) Include the income generated by or from:

(i) The net of all activities used to raise funds, including net gambling income; and

(ii) Grants, gifts, and contributions from private sources; and

(iii) Public support.

(b) Does not include:

(i) Funds generated in periods other than the fiscal year under review; or

(ii) Funds that are raised or contributed from outside the organization for purposes of purchasing land or capital assets or to endow future operations when those funds are specifically identified by the board or contributors as restricted and separately recorded in the organization's records; or

(iii) Net income from the sale of assets; or

(iv) Fees paid by members or the public to receive services or to participate in specific activities. (Example: Fees to attend a swimming lesson or event.) These fees must be classified as a reduction to both program service and supporting service expenses on a pro rata basis and as a reduction to resources available for providing services in the fiscal year. (Example: In the chart below, licensee X has revenue of five thousand dollars. They must calculate the pro rata reduction by adjusting the total by the percentages of support services, program services expenses, and functional expenses.)

(6) This rule will be effective for fiscal years ending on or after December 31, 2009.


Revenue
Fees paid by public $5,000
Calculation:
Expenses Unadjusted Amount % of Total Pro Rata Reduction Fees Paid by Public ($5,000) % of Total Adjusted Amount
Support Service Expense $35,000 32% ($1,591) 32% $33,409
Program Service Expense $75,000 68% ($3,409) 68% $71,591
Functional Expenses $110,000 100% ($5,000) 100% $105,000

[Statutory Authority: RCW 9.46.070. 07-10-032 (Order 609), 230-07-020, filed 4/24/07, effective 1/1/08.]

Washington State Code Reviser's Office