Bill Text: MI HB5918 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Gaming; bingo and charitable gaming; requirement that certain service organizations divest personal and real assets upon dissolution; modify. Amends sec. 3 of 1972 PA 382 (MCL 432.103).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-03-04 - Printed Bill Filed 03/04/2010 [HB5918 Detail]
Download: Michigan-2009-HB5918-Introduced.html
HOUSE BILL No. 5918
March 3, 2010, Introduced by Rep. Calley and referred to the Committee on Regulatory Reform.
A bill to amend 1972 PA 382, entitled
"Traxler-McCauley-Law-Bowman bingo act,"
by amending section 3 (MCL 432.103), as amended by 2009 PA 41.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3. As used in this act:
(a) "Educational organization" means an organization within
this state that is organized not for pecuniary profit, whose
primary purpose is educational in nature and designed to develop
the capabilities of individuals by instruction in any public or
private elementary or secondary school that complies with the
revised school code, 1976 PA 451, MCL 380.1 to 380.1852, or any
private or public college or university that is organized not for
pecuniary profit and that is approved by the state board of
education.
(b) "Fraternal organization" means an organization within this
state, except a college fraternity or sorority, that is organized
not for pecuniary profit; that is a branch, lodge, or chapter of a
national or state organization; and that exists for the common
purpose, brotherhood, or other interests of its members.
(c) "Licensee" means a person or qualified organization
licensed under this act.
(d) "Member" means an individual who qualified for membership
in a qualified organization under its bylaws, articles of
incorporation, charter, rules, or other written statement.
(e) "Michigan national guard" and "military" mean those terms
as defined in section 105 of the Michigan military act, 1967 PA
150, MCL 32.505.
(f) "Person" means a natural person, firm, association,
corporation, or other legal entity.
(g) "Qualified organization" means, subject to subdivision
(h), either of the following:
(i) A bona fide religious, educational, service, senior
citizens, fraternal, or veterans' organization that operates
without profit to its members and that either has been in existence
continuously as an organization for a period of 5 years or is
exempt from taxation under 26 USC 501(c).
(ii) Only for the purpose of conducting a small raffle or a
large raffle under this act, a component of the military or the
Michigan national guard whose members are in active service or
active state service.
(h) "Qualified organization" does not include a candidate
committee, political committee, political party committee, ballot
question committee, independent committee, or any other committee
as defined by, and organized under, the Michigan campaign finance
act, 1976 PA 388, MCL 169.201 to 169.282.
(i) "Religious organization" means any of the following:
(i) An organization, church, body of communicants, or group
that is organized not for pecuniary profit and that gathers in
common membership for mutual support and edification in piety,
worship, and religious observances.
(ii) A society of individuals that is organized not for
pecuniary profit and that unites for religious purposes at a
definite place.
(iii) A church related private school that is organized not for
pecuniary profit.
(j) "Senior citizens organization" means an organization
within this state that is organized not for pecuniary profit, that
consists of at least 15 members who are 60 years of age or older,
and that exists for their mutual support and for the advancement of
the causes of elderly or retired persons.
(k) "Service organization" means either of the following:
(i) A branch, lodge, or chapter of a national or state
organization that is organized not for pecuniary profit and that is
authorized by its written constitution, charter, articles of
incorporation, or bylaws to engage in a fraternal, civic, or
service purpose within the state.
(ii) A local civic organization that to which all of the
following apply:
(A)
It is organized not for pecuniary
profit. ; that
(B) It is not affiliated with a state or national
organization. ;
that
(C) It is recognized by a resolution adopted by the local
governmental subdivision in which the organization conducts its
principal
activities. ; whose
(D) Its constitution, charter, articles of incorporation, or
bylaws contain a provision for the perpetuation of the organization
as
a nonprofit organization. ; whose
(E)
Its entire assets are used for
charitable purposes. ; and
whose
(F) Its constitution, charter, articles of incorporation, or
bylaws contain a provision that all assets, real property, and
personal
property shall revert to the benefit of the either of the
following on dissolution of the organization:
(I) The local governmental subdivision that granted the
resolution
upon dissolution of the organization.referred to in sub-
subparagraph (C).
(II) If the organization is exempt from tax under section
501(c)(3) of the internal revenue code of 1986, 26 USC 501, either
the local government subdivision that granted the resolution
referred to in sub-subparagraph (C) or another organization exempt
from tax under section 501(c)(3) of the internal revenue code of
1986.
(l) "Veterans' organization" means an organization within this
state, or a branch, lodge, or chapter within this state of a state
organization or of a national organization chartered by the
congress of the United States, that is organized not for pecuniary
profit, the membership of which consists of individuals who were
members of the armed services or armed forces of the United States.
Veterans' organization includes an auxiliary of a veterans'
organization that is a national organization chartered by the
congress of the United States.
