HB 1599 -
By Senators Fraser, Kohl-Welles, Clements
ADOPTED 04/11/2007
Strike everything after the enacting clause 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 executive branch state employees that:
(i) Has requested and received revocable approval from the agency's
chief executive official, or such official's designee, to conduct one
or more raffles in compliance with this section;
(ii) Conducts a raffle solely to raise funds for either the state
combined fund drive, created under RCW 41.04.033; an entity approved to
receive funds from the state combined fund drive; or a charitable or
benevolent entity, including but not limited to a person or family in
need, as determined by a majority vote of the approved group of
employees. No person or other entity may receive compensation in any
form from the group for services rendered in support of this purpose;
(iii) Promptly provides such information about the group's
receipts, expenditures, and other activities as the agency's chief
executive official or designee may periodically require, and otherwise
complies with this section and RCW 9.46.0315; and
(iv) 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.
NEW SECTION. Sec. 2 A new section is added to chapter 42.52 RCW
to read as follows:
(1) When soliciting gifts, grants, or donations solely to support
the charitable activities of executive branch state employees conducted
pursuant to RCW 9.46.0209, the executive branch state officers and
executive branch state employees are presumed not to be in violation of
the solicitation and receipt of gift provisions in RCW 42.52.140.
However, the gifts, grants, or donations must only be solicited from
state employees or businesses and organizations that have no business
dealings with the soliciting employee's agency. For the purposes of
this subsection, "business dealings" includes being subject to
regulation by the agency, having a contractual relationship with the
agency, and purchasing goods or services from the agency.
(2) For purposes of this section, activities are deemed to be
charitable if the activities are devoted to the purposes authorized
under RCW 9.46.0209 for charitable and nonprofit organizations listed
in that section, or are in support of the activities of those
charitable or nonprofit organizations."
HB 1599 -
By Senators Fraser, Kohl-Welles, Clements
ADOPTED 04/11/2007
On page 1, line 1 of the title, after "employees;" strike the remainder of the title and insert "amending RCW 9.46.0209; and adding a new section to chapter 42.52 RCW."
EFFECT: Limits the scope of the bill to raffles conducted by state employees who work for the executive branch. Executive branch agency employees may only solicit gifts, grants, or donations from state employees and businesses and organizations that have no business dealings with the employee's agency.