Bill Text - SB493 (2008)

Allowing certain tax exempt organizations to be defined as charitable organizations for purposes of games of chance operations.


Revision: Jan. 1, 2008, midnight

SB 493 – AS AMENDED BY THE SENATE

03/13/08 0961s

2008 SESSION

08-2867

08/04

SENATE BILL 493

AN ACT allowing certain tax exempt organizations to be defined as charitable organizations for purposes of games of chance operations.

SPONSORS: Sen. Cilley, Dist 6; Sen. D'Allesandro, Dist 20; Sen. Downing, Dist 22; Rep. Hunt, Ches 7; Rep. Butler, Carr 1; Rep. Marshall Quandt, Rock 13; Rep. McEachern, Rock 16

COMMITTEE: Ways and Means

ANALYSIS

This bill includes certain tax exempt organizations in the definition of charitable organizations for games of chance operations.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/13/08 0961s

08-2867

08/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT allowing certain tax exempt organizations to be defined as charitable organizations for purposes of games of chance operations.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Definition; Games of Chance. Amend RSA 287-D:1, III(a) to read as follows:

(a) “Charitable organization” means any bona fide religious, charitable, civic, veterans’, or fraternal or church organization, including police and firemen’s organizations which shall have been registered with the secretary of state for at least 2 years and in existence for at least 2 years in a town or city in this state, provided that the primary activities conducted by the organization were for the purpose for which the organization was established and have not included charitable gambling operations; which is organized under the laws of this state; and to which contributions are exempt from federal income tax. Chambers of commerce or other similar organizations, which are tax exempt under the Internal Revenue Code, and whose mission is to promote the improvement of the business environment, economic vitality, and overall stability and quality of life of the geographic area in which they serve, shall also be eligible for licensure under this chapter. To be eligible for licensure under this chapter, a charitable organization shall do all of the following:

(1) Document that it is exempt from federal income tax.

(2) Establish that the purposes for which it was organized, other than charitable gambling, are furthered through activities conducted in [the town or city in which the games of chance are conducted] the geographic area in which they serve by the use of funds generated by games of chance.

(3) Register with the secretary of state and, if required under RSA 7:19-32, with the director of charitable trusts.

(4) Maintain a current list of bona fide members.

2 Effective Date. This act shall take effect 60 days after its passage.