WSR 00-18-089

PROPOSED RULES

GAMBLING COMMISSION


[ Filed September 5, 2000, 12:59 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 00-09-022 with a published date of May 3, 2000.

Title of Rule: WAC 230-02-161 Bona fide nonprofit organization defined.

Purpose: During the 2000 session, legislation passed enabling credit unions to conduct unlicensed raffles among members of their organizations. This change adds language to include credit unions as a charitable/nonprofit organization, but only for purposes of conducting raffles as set forth in RCW 9.46.0315.

Statutory Authority for Adoption: RCW 9.46.070.

Summary: See Purpose above.

Name of Agency Personnel Responsible for Drafting: Susan Arland, Lacey, (360) 438-7654 ext. 374; Implementation: Ben Bishop, Lacey, (360) 438-7640; and Enforcement: Sherri Winslow, Lacey, (360) 438-7654 ext. 301.

Name of Proponent: Staff, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above.

Proposal Changes the Following Existing Rules: See Purpose above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Proposal is exempt under RCW 19.85.025(2), therefore, a small business economic impact statement is not required.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. This agency does not choose to make section 201, chapter 403, Laws of 1995, apply to this rule adoption.

Hearing Location: West Coast Silverdale Hotel, 3073 N.W. Bucklin Hill Road, Silverdale, WA 98383, on October 13, 2000, at 1:30 p.m.

Assistance for Persons with Disabilities: Contact Shirley Corbett by October 3, 2000, TDD (360) 438-7638, or (360) 438-7654 ext. 302.

Submit Written Comments to: Susan Arland, Mailstop 42400, Olympia, Washington 98504-2400, fax (360) 438-8652, by October 3, 2000.

Date of Intended Adoption: October 13, 2000.

September 1, 2000

Susan Arland

Rules Coordinator

OTS-4245.1


AMENDATORY SECTION(Amending Order 250, filed 3/16/94, effective 4/16/94)

WAC 230-02-161
Bona fide nonprofit organization defined.

A bona fide nonprofit organization is a organization that meets all of the requirements of RCW 9.46.0209 and is organized and operated primarily to provide one or more of the following nonprofit services:

(1) Educational;

(2) Civic;

(3) Patriotic;

(4) Political;

(5) Social;

(6) Fraternal;

(7) Athletic;

(8) Agricultural;

(9) Church and religious societies under chapter 24.12 RCW;

(10) Fraternal societies under chapter 24.20 RCW;

(11) Granges under chapter 24.28 RCW; and

(12) Agricultural fairs under chapter 15.76 RCW or chapter 36.37 RCW.

Each nonprofit organization shall provide evidence of its nonprofit status by submitting documentation setting forth the progress it has made toward accomplishing its nonprofit purposes during its previous fiscal year. The fact that an organization is not exempt from payment of federal income taxes on income from its primary activities shall be prima facie evidence that the organization is not a nonprofit organization for purposes of conducting gambling activities.

(13) Credit unions organized and operating under state or federal laws are bona fide nonprofit organizations for purposes of RCW 9.46.0315 and 9.46.110 only.

[Statutory Authority: RCW 9.46.0209. 94-07-084 (Order 250), 230-02-161, filed 3/16/94, effective 4/16/94. Statutory Authority: RCW 9.46.070 (7), (8), (9), (10), (14), (19) and (20). 89-09-047 (Order 190), 230-02-161, filed 4/18/89, effective 7/1/89.]

Washington State Code Reviser's Office