Legislature(1997 - 1998)

04/21/1998 08:25 AM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
SENATE BILL NO. 273                                                            
                                                                               
"An Act requiring that gross receipts and ideal gross                          
be used to account for charitable gaming activities;                           
requiring municipalities to provide to the state                               
records concerning sales taxes assessed for charitable                         
gaming activities; requiring that a charitable share of                        
charitable gaming receipts be dedicated to charitable                          
uses; relating to reports required for charitable                              
gaming activities; relating to payments to the state                           
from gross receipts of charitable gaming; relating to                          
contracts between operators or vendors and permittees;                         
relating to licensing of multiple-beneficiary                                  
permittees and to the duties of a multiple-beneficiary                         
permittee to each holder of the permit; requiring a                            
person employed as a gaming manager to be certified by                         
the state; limiting the expenditure of amounts of gross                        
receipts and ideal gross required to be paid to                                
permittees or retained by permittees; relating to the                          
amount of gross receipts and prizes allowed under a                            
permit or a multiple- beneficiary permit; allowing                             
operators to pool gross receipts, prizes, and door                             
prizes among permittees; and providing for an effective                        
date."                                                                         
                                                                               
TOM WILLIAMS, STAFF, SENATOR SHARP spoke in support of SB
273.  He noted that the legislation revises the charitable                     
gaming statutes to base the amount paid to charities on a                      
gross percentage as opposed to net proceeds.  In addition,                     
it creates a multiple-beneficiary permit.                                      
                                                                               
Representative Mulder questioned why an ideal net was not                      
used.  Mr. Williams observed that the concept of a broad-                      
based ideal net was considered.  The sponsor does not                          
support the concept because it does not assure that a                          
certain percentage, of every dollar gained, goes to the                        
charity.  The sponsor did not want to make the amount that                     
goes to the charity dependent on the prize pay out.  He                        
emphasized that the intent is to remove the State from the                     
issue of determining what the appropriate prize level is or                    
what is an allowable expense.  The mix of prizes and                           
expenses should be left to the business decision of the                        
charity and the operator.                                                      
                                                                               
BOB BARTHOLOMEW, DEPUTY DIRECTOR, INCOME AND EXCISE AUDIT                      
DIVISION, DEPARTMENT OF REVENUE spoke in support of the                        
legislation.  He noted that amendments have been drafted to                    
address concerns.  He maintained that the process and                          
percentages contained in the legislation are workable and                      
allow flexibility in prizes and expenses.  He spoke against                    
using an ideal net.  He observed that the appropriate level                    
of ideal net is not agreed on.                                                 
                                                                               
Representative Grussendorf noted concerns that businesses                      
that meet the 30 percent net requirement could not meet the                    
requirement for 7 percent of the adjusted gross.  Mr.                          
Bartholomew noted that Amendment 1 would address those                         
concerns (copy on file).   The percentage would be reduced                     
from 7 to 6.5 percent for an additional year.  The amendment                   
would phase in the increase.                                                   
                                                                               
Co-Chair Hanley MOVED to ADOPT Amendment 1.  Mr. Williams                      
explained that the legislation would go into effect January                    
1999.  For 1999, the percentage for pull-tabs would be 6.5                     
percent.  It would go to 7 percent in January 2000.                            
Amendment 1 would also change the charitable share on bingo                    
from 1.5 to 2 percent.                                                         
                                                                               
Co-Chair Hanley expressed support for the phase in proposal,                   
but expressed concern that operations not be put out of                        
business by the increase.  Mr. Bartholomew stressed that 7                     
percent was picked based on data available to the                              
Department.  The majority of operators would achieve 7                         
percent of gross.  The Department worked with operators that                   
were not in compliance with current law to look at ways of                     
adjusting expenses and prizes to fit into the proposed                         
level.  He felt confident that 7 percent of gross in the                       
second year would not adversely affect charitable gaming.                      
He observed that charity run operations pay themselves more                    
than 6.5 percent.  He did not think there would be a                           
significant change in the number of non-profit permits.  It                    
is not the intention to reduce the number of permits.                          
                                                                               
Co-Chair Hanley questioned the effect of shifting the net                      
pay out by a half percent.  Mr. Bartholomew replied that a                     
reduction in a half a percent pay out on prizes would result                   
in an increase in gross.  Prize pay-outs would have to be                      
managed to average between 77 and 78 percent to achieve the                    
percentage of gross.                                                           
                                                                               
Representative Mulder disclosed that he is a board member of                   
a charity that would be affected by the legislation.                           
                                                                               
In response to a question by Representative Mulder, Mr.                        
Bartholomew stated that, based on the 1997 reports, almost                     
100 percent of the operators are in compliance.                                
                                                                               
There being NO OBJECTION, Amendment 1 was adopted.                             
                                                                               
SB 273 was HELD in Committee for further consideration                         
during the meeting.                                                            
SENATE BILL NO. 273                                                            
                                                                               
"An Act requiring that gross receipts and ideal gross                          
be used to account for charitable gaming activities;                           
requiring municipalities to provide to the state                               
records concerning sales taxes assessed for charitable                         
gaming activities; requiring that a charitable share of                        
charitable gaming receipts be dedicated to charitable                          
uses; relating to reports required for charitable                              
gaming activities; relating to payments to the state                           
from gross receipts of charitable gaming; relating to                          
contracts between operators or vendors and permittees;                         
relating to licensing of multiple-beneficiary                                  
permittees and to the duties of a multiple-beneficiary                         
permittee to each holder of the permit; requiring a                            
person employed as a gaming manager to be certified by                         
the state; limiting the expenditure of amounts of gross                        
receipts and ideal gross required to be paid to                                
permittees or retained by permittees; relating to the                          
amount of gross receipts and prizes allowed under a                            
permit or a multiple- beneficiary permit; allowing                             
operators to pool gross receipts, prizes, and door                             
prizes among permittees; and providing for an effective                        
date."                                                                         
                                                                               
Co-Chair Therriault MOVED to ADOPT Amendment 2, on behalf of                   
Senator Sharp (copy on file).  Representative Mulder MOVED                     
to amend Amendment 1, change 17 to 18.  He explained that                      
the amendment would raise the charitable share for pull-tabs                   
to 18 percent of the gross.  He spoke in support of the                        
amendment to Amendment 2.                                                      
                                                                               
BOB BARTHOLOMEW, DEPUTY DIRECTOR, INCOME AND EXCISE AUDIT                      
DIVISION, DEPARTMENT OF REVENUE stressed that the average                      
amount needed to hold harmless charities is 16 to 17 percent                   
of the gross.  He asserted that 17 percent would hold the                      
greatest amount harmless.                                                      
                                                                               
In response to a question by Co-Chair Therriault, Mr.                          
Bartholomew observed that a 77 percent prize pay-out would                     
provide 16 percent of gross.  For non-profits to receive 18                    
percent of gross, prize pay-outs would have to be                              
approximately 73 - 74 percent.  Representative Davis noted                     
that there are variations in prize pay-outs.  Mr.                              
Bartholomew observed that prize pay-outs run from                              
approximately 72 to 85 percent.                                                
                                                                               
(Tape Change, HFC 98 -120, Side 1)                                             
                                                                               
Mr. Bartholomew observed that prize pay-outs are driven by                     
what has been previously paid.  Pay-outs can be higher or                      
lower, but they must average to the amount needed to meet                      
the percentage of gross.  He acknowledged that charities can                   
negotiate for a higher share, but stressed that it is                          
difficult.                                                                     
                                                                               
Representative Davies expressed concern that the level of                      
share is at a level that would force some people out of                        
business.  Mr. Bartholomew agreed that the industry has                        
raised the issue.  He stressed that the Department has                         
attempted to find the level that would hold operations                         
harmless.                                                                      
                                                                               
TOM WILLIAMS, STAFF, SENATOR SHARP stated that the sponsor                     
recommended 17 percent, but does not object to 18 percent.                     
                                                                               
There being NO OBJECTION, the amendment to the amendment was                   
adopted.  There being NO OBJECTION, Amendment 2 was adopted                    
as amended.                                                                    
                                                                               
Representative Martin MOVED to ADOPT Amendment 3 (copy on                      
file).  Mr. Bartholomew explained that Amendment 3 would                       
strengthen controls over how money received by non-profits                     
from gaming is spent.  The amendment prohibits commingling                     
of charitable gaming proceeds with other funds.  He noted                      
that it is hard to ascertain if money is spent appropriately                   
when it is commingled with funds for other purposes.  The                      
proceeds would have to be spent directly out of the gaming                     
account.                                                                       
                                                                               
Representative Foster expressed concerns that the amendment                    
would be difficult for small rural operations.  He asked                       
what the penalty would be for noncompliance.                                   
                                                                               
Mr. Bartholomew explained that the worst penalty would be                      
for them to lose their license.  He observed that the                          
charity would already have a gaming account.  The amendment                    
does not require a new account.  Some non-profits transfer                     
funding into their operating account.  Under the amendment                     
funds could not be transferred to the operating account.                       
There would not be a criminal penalty.                                         
                                                                               
Co-Chair Therriault summarized that the Department would                       
approach the organization to get them to follow the rules.                     
Mr. Bartholomew stressed that the Department offers a chance                   
to come into compliance.                                                       
                                                                               
Representative Foster questioned if there was a problem in                     
rural areas.  Mr. Bartholomew emphasized that the chance of                    
having sanctions would be small.  It would make it easier to                   
follow the flow of money.                                                      
                                                                               
Representative Martin spoke in support of the amendment.  He                   
emphasized that the amendment would not hurt charities.  The                   
intent is to require large non-profits to keep the funds                       
separate from operating expenses.  Mr. Williams stated that                    
the sponsor does not object to the amendment.  He did not                      
think that the amendment would be onerous.                                     
                                                                               
A roll call vote was taken on the motion.                                      
                                                                               
IN FAVOR: Mulder, Davis, Martin, Therriault                                    
OPPOSED: Davies, Foster, Kelly                                                 
                                                                               
Co-Chair Hanley and Representatives Grussendorf, Kohring and                   
Moses were absent from the vote.                                               
                                                                               
The MOTION FAILED (4-3).                                                       
                                                                               
Representative Martin MOVED to ADOPT Amendment 4 (copy on                      
file).  Amendment 4 would raise levels paid to charities                       
from 7 to 8.5 percent.  Mr. Bartholomew stated that an                         
increase of 1.5 percent would significantly change the                         
financial pie.  More money would go to non-profits, but the                    
unintended consequences of that large of an increase are                       
unknown.  The intent of the legislation was to keep the                        
financial pie fixed.                                                           
                                                                               
Representative Davis spoke against the amendment.  He                          
maintained that the amendment would force operators out of                     
business, which would hurt charities.                                          
                                                                               
Representative Martin spoke in support of the amendment.  He                   
asserted that not enough money is going to charity.                            
                                                                               
A roll call vote was taken on the motion.                                      
                                                                               
IN FAVOR: Martin, Therriault                                                   
OPPOSED: Davies, Davis, Foster, Kelly, Mulder                                  
                                                                               
Co-Chair Hanley and Representatives Grussendorf and Moses                      
were absent from the vote.                                                     
                                                                               
The MOTION FAILED (2-5).                                                       
                                                                               
Amendment 5 was withdrawn.                                                     
                                                                               
ASHLEY REED, LOBBYIST, CHARITABLE GAMING ASSOCIATION spoke                     
against the legislation.  He observed that the industry                        
maintains concerns regarding the legislation.  He stressed                     
that there is no guarantee that the legislation will be                        
revenue neutral.  He stressed that small operations have                       
higher costs than large operations.  He maintained that                        
charities would suffer from the legislation.                                   
                                                                               
Co-Chair Therriault MOVED to report HCS SB 273 (FIN) out of                    
Committee with the accompanying fiscal note.  There being NO                   
OBJECTION, it was so ordered.                                                  
                                                                               
Representative Martin maintained that true charities do not                    
have to worry.                                                                 
                                                                               
HCS CSSB 273 (FIN) was REPORTED out of Committee with "no                      
recommendation" and with a zero fiscal note by the                             
Department of Revenue dated 2/27/98.                                           

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