Bill Text: MS SB3032 | 2010 | Regular Session | Introduced


Bill Title: Bingo licensees; define authority of Mississippi Gaming Commission.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-02-02 - Died In Committee [SB3032 Detail]

Download: Mississippi-2010-SB3032-Introduced.html

MISSISSIPPI LEGISLATURE

2010 Regular Session

To: Finance

By: Senator(s) Jackson (15th)

Senate Bill 3032

AN ACT TO AMEND SECTION 97-33-57, MISSISSIPPI CODE OF 1972, TO DEFINE THE POWERS OF THE MISSISSIPPI GAMING COMMISSION WITH RESPECT TO THE REGULATION OF LICENSEES AND APPLICANTS FOR BINGO LICENSES; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 97-33-57, Mississippi Code of 1972, is amended as follows:

     97-33-57.  (1)  The commission shall investigate the qualifications of each applicant and the merits of the application, with due expedition after the filing of the application, and shall make the following determinations:

          (a)  That the applicant is duly qualified to hold, operate and conduct bingo games under the provisions of Sections 97-33-51 through 97-33-203 and the rules and regulations of the commission governing same.

          (b)  That the member or members of the organization designated in the application to hold, operate, conduct, or assist in holding, operating, or conducting, the bingo games are bona fide active members of the organization and of good moral character, who have never been convicted of certain offenses as designated by the commission.

          (c)  That bingo games are to be held, operated and conducted in accordance with the provisions of Sections 97-33-51 through 97-33-203 and in accordance with the rules and regulations of the commission governing same, and that the proceeds thereof are to be disposed of as provided by Sections 97-33-51 through 97-33-203.

     (2)  If the commission is satisfied that no commission, salary, compensation, reward or recompense whatever, except as otherwise provided in Section 97-33-69, will be paid or given to any person holding, operating or conducting any bingo game, it may issue a license to the applicant for the holding, operating and conducting of bingo games.

     (3)  No license for holding, operating or conducting bingo games that is issued under Sections 97-33-51 through 97-33-203 shall be effective for more than three (3) calendar years.

     (4)  The commission shall not issue a license to:

          (a)  Any person who has been convicted of certain related offenses as established by the commission or who presently has such a charge pending in any state or federal court;

          (b)  Any person who has ever been convicted of a gambling-related offense in any state or federal court;

          (c)  Any person who is or has ever been a professional gambler;

          (d)  Any firm, organization or corporation in which any person as described in paragraphs (a) through (c) is an officer or director, whether compensated or not, or in which such person has a direct or indirect financial interest;

          (e)  The commission may deny an application for licensure, refuse to renew a license, or suspend or revoke a license for any reason consistent with the purposes of Sections 97-33-51 through 97-33-203 which it deems to be in the interest of the public.  However, policies regarding such denial, suspension, revocation or refusal to renew shall be established by rule and regulation.  If the commission fails to act upon the license application within sixty (60) days of the date of filing of the application by the charitable organization, such application shall be deemed accepted.

     (5)  Any significant change in the information submitted on its application for licensure shall be filed by a licensee with the commission within ten (10) days of the change.  A significant change shall include, but not be limited to, any change in the officers, directors, managers, proprietors or persons having a direct or indirect financial interest in any licensed organization or entity.

     (6)  In addition to any other powers and duties granted under Sections 97-33-51 through 97-33-203, the commission shall have the following powers regarding bingo licensees and license applicants:

          (a)  To require as a precondition to licensure that an applicant submit plans to the commission showing the support the applicant intends to provide to charities and the other expenses it expects to incur with respect to the operation of bingo games and the operation of programs for charitable support.

          (b)  To audit the flow of funds, whether gross proceeds or net proceeds, from any bingo licensee to any other entity that has one or more officers common to the bingo licensee.

          (c)  To audit funds that are expended by a bingo licensee in support of charity in order to determine the identity of a recipient entity and the uses for which the recipient entity expends such funds.

          (d)  To promulgate rules and regulations regarding the level of support a bingo licensee must provide to charity.

          (e)  To deny, suspend or revoke the license of any licensee or the application of any applicant if such licensee or applicant fails to comply with the provisions of this subsection (6) or any rules promulgated under this subsection (6), or fails to make material progress annually in meeting the requirements of the bingo plans provided for in paragraph (a) of this subsection (6).

          (f)  The commission shall have the power to promulgate rules and regulations necessary to carry out the provisions of this subsection (6).

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2010.


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