WSR 00-21-067

PERMANENT RULES

GAMBLING COMMISSION


[ Order 392 -- Filed October 16, 2000, 3:31 p.m. ]

Date of Adoption: October 13, 2000.

Purpose: During the 2000 session, legislation passed enabling credit unions to conduct unlicensed raffles among members of their organization. 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.

Citation of Existing Rules Affected by this Order: Amending WAC 230-02-161.

Statutory Authority for Adoption: RCW 9.46.070.

Adopted under notice filed as WSR 00-18-089 on September 5, 2000, with a publication date of September 20, 2000.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

October 16, 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