SHB 1944 -
By Committee on Labor, Commerce, Research & Development
On page 1, beginning on line 5, strike all of section 1 and insert the following:
"Sec. 1 RCW 9.46.0209 and 2000 c 233 s 1 are each amended to read
as follows:
(1)(a) "Bona fide charitable or nonprofit organization," as used in
this chapter, means: (((1)))
(i) Any organization duly existing under the provisions of chapter
24.12, 24.20, or 24.28 RCW, any agricultural fair authorized under the
provisions of chapters 15.76 or 36.37 RCW, or any nonprofit corporation
duly existing under the provisions of chapter 24.03 RCW for charitable,
benevolent, eleemosynary, educational, civic, patriotic, political,
social, fraternal, athletic or agricultural purposes only, or any
nonprofit organization, whether incorporated or otherwise, when found
by the commission to be organized and operating for one or more of the
aforesaid purposes only, all of which in the opinion of the commission
have been organized and are operated primarily for purposes other than
the operation of gambling activities authorized under this chapter; or
(((2)))
(ii) Any corporation which has been incorporated under Title 36
U.S.C. and whose principal purposes are to furnish volunteer aid to
members of the armed forces of the United States and also to carry on
a system of national and international relief and to apply the same in
mitigating the sufferings caused by pestilence, famine, fire, floods,
and other national calamities and to devise and carry on measures for
preventing the same. ((Such))
(b) An organization defined under (a) of this subsection must:
(i) Have been organized and continuously operating for at least
twelve calendar months immediately preceding making application for any
license to operate a gambling activity, or the operation of any
gambling activity authorized by this chapter for which no license is
required((. It must));
(ii) Have not less than fifteen bona fide active members each with
the right to an equal vote in the election of the officers, or board
members, if any, who determine the policies of the organization in
order to receive a gambling license((. An organization must)); and
(iii) Demonstrate to the commission that it has made significant
progress toward the accomplishment of the purposes of the organization
during the twelve consecutive month period preceding the date of
application for a license or license renewal. The fact that
contributions to an organization do not qualify for charitable
contribution deduction purposes or that the organization is not
otherwise exempt from payment of federal income taxes pursuant to the
internal revenue code of 1954, as amended, shall constitute prima facie
evidence that the organization is not a bona fide charitable or
nonprofit organization for the purposes of this section.
(c) Any person, association or organization which pays its
employees, including members, compensation other than is reasonable
therefor under the local prevailing wage scale shall be deemed paying
compensation based in part or whole upon receipts relating to gambling
activities authorized under this chapter and shall not be a bona fide
charitable or nonprofit organization for the purposes of this chapter.
(2) For the purposes of RCW 9.46.0315 and 9.46.110, a bona fide
nonprofit organization also includes:
(a) A credit union organized and operating under state or federal
law. All revenue less prizes and expenses received from raffles
conducted by credit unions must be devoted to purposes authorized under
this section for charitable and nonprofit organizations; and
(b) A group of employees of either a state agency, as defined in
RCW 42.52.010(1), or a section, unit, division, or other subdivision of
a state agency that:
(i) Conducts a raffle solely to raise funds for either the state
combined fund drive, created under RCW 41.04.033, or a designated
person or family in need. No person or other entity may receive
compensation in any form from the group for services rendered in
support of this purpose;
(ii) Complies with this section and RCW 9.46.0315, and limits the
participation in the raffle such that raffle tickets are sold only to,
and winners are determined only from, the employees of the agency,
section, unit, division, or subdivision conducting the raffle; and
(iii) Pays all funds received from such raffle, less prizes and
expenses, to the state combined fund drive, or the designated person or
family in need, within thirty days after the conclusion of the raffle."
On page 2, at the beginning of line 5, strike "section 1 of this act" and insert "RCW 9.46.0209"
SHB 1944 -
By Committee on Labor, Commerce, Research & Development
On page 1, line 1 of the title, after "employees;" strike "adding a new section to chapter 9.46 RCW;" and insert "amending RCW 9.46.0209;"
EFFECT: Authorizes raffles by state employees if the raffle is conducted only among the employees of an agency or agency subdivision, and all proceeds of the raffle are paid to the state combined fund drive or a designated individual or family in need.