Bill Text: MI SB0108 | 2009-2010 | 95th Legislature | Chaptered

Michigan Senate Bill 108 (Prior Session Legislation)

Bill Title: Gaming; bingo and charitable gaming; eligibility for charitable gaming licenses; expand to include an auxiliary of a national veterans' organization. Amends sec. 3 of 1972 PA 382 (MCL 432.103).

Spectrum: Partisan Bill (Republican 5-0)

Status: (Passed) 2009-06-23 - Assigned Pa 0041'09 With Immediate Effect [SB0108 Detail]

Download: Michigan-2009-SB0108-Chaptered.html

Act No. 41

Public Acts of 2009

Approved by the Governor

June 18, 2009

Filed with the Secretary of State

June 18, 2009

EFFECTIVE DATE: June 18, 2009

STATE OF MICHIGAN

95TH LEGISLATURE

REGULAR SESSION OF 2009

Introduced by Senators Kahn, Garcia, Van Woerkom, Kuipers and Pappageorge

ENROLLED SENATE BILL No. 108

AN ACT to amend 1972 PA 382, entitled “An act to license and regulate the conducting of bingo, millionaire parties, and certain other forms of gambling; to provide for the conducting of charity games, raffles, and numeral games; to provide for exemptions from licensing requirements under certain circumstances; to impose certain duties and authority upon certain state departments, agencies, and officers; to provide a tax exemption; and to provide penalties,” by amending section 3 (MCL 432.103), as amended by 2008 PA 401.

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.

(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 is organized not for pecuniary profit; that is not affiliated with a state or national organization; that is recognized by resolution adopted by the local governmental subdivision in which the organization conducts its principal activities; whose constitution, charter, articles of incorporation, or bylaws contain a provision for the perpetuation of the organization as a nonprofit organization; whose entire assets are used for charitable purposes; and whose 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 local governmental subdivision that granted the resolution upon dissolution of the organization.

(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.

This act is ordered to take immediate effect.

Secretary of the Senate

Clerk of the House of Representatives

Approved

Governor