Louisiana 2022 2022 Regular Session

Louisiana House Bill HB620 Engrossed / Bill

                    HLS 22RS-610	ENGROSSED
2022 Regular Session
HOUSE BILL NO. 620
BY REPRESENTATIVE STEFANSKI
GAMBLING/CHARITABLE:  Provides relative to the authority of private nonprofit
elementary or secondary schools to conduct certain games of chance
1	AN ACT
2To amend and reenact R.S. 4:707(D), (E), and (F)(2), relative to charitable raffles, bingo,
3 and keno; to provide relative to licensing and reporting requirements; to authorize
4 a private nonprofit elementary or secondary school to conduct certain games of
5 chance; to provide for definitions; to exempt a private nonprofit elementary or
6 secondary school from licensing and reporting requirements; and to provide for
7 related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1.  R.S. 4:707(D), (E), and (F)(2) are hereby amended and reenacted to read
10as follows: 
11 ยง707.  Authorization to license certain organizations; exemption; requirement for
12	state license
13	*          *          *
14	D.(1)  In addition to the authority granted in Subsection A of this Section, the
15 office may license the following organizations, as defined herein, to hold and operate
16 the specific kind of game or games of chance enumerated in Subsection A of this
17 Section without the requirement that any such organization qualify with the Internal
18 Revenue Service for an exemption from federal income tax as specified by R.S.
19 4:703(1): Mardi Gras carnival organizations, civic or service associations, qualified
20 associations of licensed charitable organizations, volunteer fire companies, booster
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HB NO. 620
1 clubs, parent-teacher associations, private nonprofit elementary or secondary
2 schools, and public institutions of higher education.
3	(2)  In addition to the authority granted in Subsection B of this Section, the
4 governing authority of any parish or municipality may license the following
5 organizations, as defined herein, to hold and operate the specific kind of game or
6 games of chance enumerated in Subsection B of this Section without the requirement
7 that any such organization qualify with the Internal Revenue Service for an
8 exemption from federal income tax as specified by R.S. 4:703(1): Mardi Gras
9 carnival organizations, civic or service associations, qualified associations of
10 licensed charitable organizations, volunteer fire companies, booster clubs, parent-
11 teacher associations, private nonprofit elementary or secondary schools, and public
12 institutions of higher education.
13	E.  In addition to the provisions of R.S. 4:703, the following definitions shall
14 apply for the purposes of this Section:
15	(1)  "Booster club" shall mean an organization which promotes and supports
16 the activities, functions, or programs of a public or a private nonprofit elementary or
17 secondary school in this state and which has been designated by the school board of
18 the parish or city in which such school is located to collect funds in the name of that
19 school.
20	(2)  "Civic or service association" shall mean an organization domiciled in
21 this state which is operated for the purpose of promoting the social welfare or
22 providing service to the community and which has derived five thousand dollars or
23 less in gross receipts from its charitable games of chance during the prior calendar
24 year.
25	(3)  "Mardi Gras carnival organization" shall mean an organization domiciled
26 in this state which presents pre-Lenten festivities, including street parades, and which
27 has received a permit to parade from a municipal or parish governing authority.
28	(4) "Parent-teacher association" shall mean an organization which is
29 comprised of teachers and parents of children enrolled in a public or a private
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HB NO. 620
1 nonprofit elementary or secondary school in this state and which has been designated
2 by the school board of the parish or city in which such school is located to collect
3 funds in the name of that school.
4	(5)  "Private nonprofit elementary or secondary school" includes every
5 nonprofit private elementary or secondary school within the state of Louisiana.
6	(5)(6)  "Public institution of higher education" includes every in-state public
7 graduate and undergraduate institution, public junior and community college, public
8 technical institute, and each separate school or department of the institution, college,
9 or institute when the entire net proceeds are devoted to support the institution.
10	(6)(7)  "Volunteer fire company" shall mean an organization which has been
11 engaged by the governing authority of a parish, municipality, or fire protection
12 district to provide fire protection services to the area of this state under its
13 jurisdiction and which is comprised predominantly of individuals who provide such
14 services voluntarily and without compensation.
15	F.
16	*          *          *
17	(2)(a)  Any club, organization, group, or association which has a membership
18 comprised exclusively of children enrolled in a public or private nonprofit
19 elementary or secondary school in this state and which is approved to conduct
20 activities in such school by the principal of such school in accordance with school
21 board policy shall be exempt from the licensing and reporting procedures
22 enumerated in R.S. 4:708 through 716 of this Chapter in a municipality or parish
23 whose governing authority has decided to permit raffles, bingo, and keno within its
24 limits as provided in R.S. 4:706.  Such club, organization, group, or association shall
25 be exempted from licensing and reporting procedures only for the conducting of
26 raffles as a means of fund-raising fund-raising.
27	(b)  A private nonprofit elementary or secondary school in this state shall be
28 exempt from the licensing and reporting procedures enumerated in R.S. 4:708
29 through 716 of this Chapter in any municipality or parish whose governing authority
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HB NO. 620
1 has decided to permit raffles, bingo, and keno within its limits as provided in R.S.
2 4:706.  Such private nonprofit school shall be exempted from licensing or reporting
3 procedures only for the conducting of raffles as a means of fund-raising.
4	*          *          *
DIGEST
The digest printed below was prepared by House Legislative Services.  It constitutes no part
of the legislative instrument.  The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
HB 620 Engrossed 2022 Regular Session	Stefanski
Abstract:  Authorizes private nonprofit elementary or secondary schools to hold and operate
certain games of chance and provides relative to licensing requirements.
Present law provides that the office of charitable gaming may license charitable
organizations to hold and operate certain games of chance.
Proposed law adds private nonprofit elementary or secondary schools to the list of
organizations authorized to hold and operate certain games of chance.
Present law allows the office to license certain organizations to hold and operate certain
games of chance without the organization having to qualify with the IRS for a federal
income tax exemption.
Proposed law adds private nonprofit elementary or secondary schools to present law.
Present law provides for definitions for the following terms: booster club, civic or service
association, Mardi Gras carnival organization, parent-teacher association, public institution
of higher education, and volunteer fire company.
Proposed law retains present law and provides for a definition for "private nonprofit
elementary or secondary school".
Present law provides that any club, organization, group, or association which has a
membership comprised exclusively of children enrolled in a public or private nonprofit
elementary or secondary school and which is approved to conduct activities in such school
by the principal of the school in accordance with school board policy shall be exempt from
the present law licensing and reporting procedures in a municipality or parish whose
governing authority has decided to permit raffles, bingo, and keno within is limits.  Further
provides that such club, organization, group, or association shall be exempt from licensing
and reporting procedures for the purpose of conducting raffles as a means of fund-raising.
Proposed law retains present law and provides that a private nonprofit elementary or
secondary school in this state shall be exempt from licensing and reporting procedures in any
municipality or parish whose governing authority has decided to permit raffles, bingo, and
keno within its limits as provided in present law. Such private nonprofit school shall be
exempted from licensing or reporting procedures only for the conducting of raffles as a
means of fund-raising.
(Amends R.S. 4:707(D), (E), and (F)(2))
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.