HOUSE BILL NO. 5085

October 04, 2023, Introduced by Reps. Markkanen, Jaime Greene, Cavitt, Rigas, Prestin, Hoadley and Martin 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 7a (MCL 432.107a), as amended by 1999 PA 108, and by adding sections 7e, 7f, and 7g.

the people of the state of michigan enact:

Sec. 7a. (1) All charity game tickets used in the conduct of a charity game shall must be purchased by the qualified organization from the bureau or a supplier.

(2) The bureau shall determine the number of charity game tickets that constitute a charity game.

(3) The bureau shall determine the price at which the a qualified organization shall may resell each a charity game ticket and shall have that price printed on each charity game ticket.

(4) The bureau or a supplier shall sell charity game tickets to a qualified organization that is eligible to conduct a charity game at a percentage, to be determined by the bureau, of the gross revenues that are realized by the resale of all the charity game tickets for that game at the price established by the bureau.

(5) The Except as otherwise provided in section 7e, a qualified organization shall retain 60% and the bureau shall retain 40% of the money obtained from the sale of charity game tickets.

(6) A qualified organization that conducts a charity game shall be is solely responsible for paying prizes won by purchasers of winning charity game tickets.

(7) When all charity game tickets for a single charity game are resold, prizes distributed shall must have an aggregate value of, as near as practicable, not less than 60% of the resale value of all the charity game tickets for that charity game.

(8) The bureau shall determine the number of winning charity game tickets provided on a random basis for resale for any 1 charity game and shall establish the value of the prize won by each winning charity game ticket.

(9) A charity game ticket shall must not have a price for resale by a qualified organization of less than 30 cents.

(10) The Except as otherwise provided in section 7e, the bureau shall have a bureau control number for identification purposes imprinted upon on each charity game ticket.

(11) A The value of prizes awarded for a charity game shall must not be included within in the prize limitations of a licensed bingo game or millionaire party in conjunction with which the charity game is held.

(12) A person shall not sell a charity game ticket shall not be sold to a person under to an individual who is less than 18 years of age. This subsection shall does not prohibit the purchase of a charity game ticket by a person an individual who is 18 years of age or older for the purpose of making a gift to a person under an individual who is less than 18 years of age, and shall does not prohibit a person under an individual who is less than 18 years of age from receiving a prize or prizes won in a charity game conducted pursuant to under this act.

Sec. 7e. (1) A qualified organization that holds a charity game license may conduct a charity game using a charity game ticket dispenser that reads each ticket and displays the results in video animation. The bureau shall retain 40% of the money obtained from the sale of charity game tickets under this section to maintain and expand the program under this section. The bureau shall purchase the charity game ticket dispensers described in this section.

(2) The net proceeds as described in section 9 from the sale of charity game tickets under this section must be allocated as follows:

(a) Forty-five percent to the qualified organization that conducted the charity game.

(b) If the qualified organization that conducted the charity game is a member of a qualified statewide organization, 5% to the qualified statewide organization. As used in this subdivision, "qualified statewide organization" means an organization that meets all of the following qualifications:

(i) The organization has a headquarters in this state.

(ii) The organization is a nonprofit organization. As used in this subparagraph, "nonprofit organization" means an organization that is exempt from taxation under section 501(c) of the internal revenue code, 26 USC 501.

(iii) The organization has been operating for no fewer than 2 years.

(iv) The organization has no fewer than 2 full-time employees.

(c) If the qualified organization that conducted the charity game is not a member of a qualified statewide organization under subdivision (b), 5% to the Michigan charity gaming service fund created in section 7g.

(d) Fifty percent to the charity game veterans fund created in section 7f.

Sec. 7f. (1) The charity game veterans fund is created within the state treasury.

(2) The state treasurer may receive money or other assets from any source for deposit into the fund. The state treasurer shall direct the investment of the fund. The state treasurer shall credit to the fund interest and earnings from fund investments.

(3) Money in the fund at the close of the fiscal year must remain in the fund and must not lapse to the general fund.

(4) The department of treasury is the administrator of the fund for auditing purposes.

(5) The department of treasury shall expend money from the fund, on appropriation, to provide grants to the National Guard Association of Michigan. However, if the amount allocated to the fund exceeds the designated amount in a fiscal year, the amount in excess of the designated amount must be allocated as follows:

(a) To reimburse local taxing units that bear the loss of revenue under section 7b of the general property tax act, 1893 PA 206, MCL 211.7b.

(b) Any remaining amount after the reimbursement under subdivision (a) as follows:

(i) Fifty percent to county veteran affairs offices.

(ii) Fifty percent to the Michigan veterans coalition.

(6) As used in this section, "designated amount" is $3,000,000.00 for the fiscal year ending September 30, 2024. The department of treasury shall adjust the designated amount annually by the percentage increase in the Detroit Consumer Price Index for the preceding calendar year and round to the nearest $100.00. As used in this subsection, "Detroit Consumer Price Index" means the most comprehensive index of consumer prices available for the Detroit area from the Bureau of Labor Statistics of the United States Department of Labor.

Sec. 7g. (1) The Michigan charity gaming service fund is created within the state treasury.

(2) The state treasurer may receive money or other assets from any source for deposit into the fund. The state treasurer shall direct the investment of the fund. The state treasurer shall credit to the fund interest and earnings from fund investments.

(3) Money in the fund at the close of the fiscal year must remain in the fund and must not lapse to the general fund.

(4) The department of treasury is the administrator of the fund for auditing purposes.

(5) The department of treasury shall expend money from the fund, on appropriation, to purchase and maintain charity game ticket dispensers under section 7e.