MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Accountability, Efficiency, Transparency
By: Senator(s) Parker, Polk
AN ACT TO AMEND SECTION 97-33-69, MISSISSIPPI CODE OF 1972, TO EXEMPT BINGO SUPERVISORS FROM THE PROVISION THAT LIMITS THE AMOUNT THAT A LICENSEE UNDER THE CHARITABLE BINGO LAW MAY PAY AS COMPENSATION TO ALL PERSON INVOLVED IN THE HOLDING, OPERATING OR CONDUCTING OF A LICENSED GAME OF CHANCE UNDER SUCH LAW; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 97-33-69, Mississippi Code of 1972, is amended as follows:
97-33-69. (1) Except as otherwise provided in subsection (3) of this section, no person shall hold, operate, conduct or assist in holding, operating or conducting, any bingo game under any license issued pursuant to Sections 97-33-51 through 97-33-81, except designated supervisors or alternate supervisors designated as provided for in Section 97-33-67(3).
(2) Except as otherwise
provided in subsection (3) of this section and as may be otherwise provided
pursuant to subsection (10) of this section, no commission, salary, compensation,
reward or recompense, including, but not limited to, granting or
use of bingo cards without charge or at a reduced charge, shall be paid or
given directly or indirectly to * * *
any person related to * * * the bingo supervisor or alternate supervisor by blood,
marriage or business relationship, for the holding, operating or conducting any
licensed game or games of chance.
(3) (a) Except as
may be otherwise provided * * *pursuant to in this subsection or subsection (10) of
this section, any licensee may pay as compensation for all persons involved in
the holding, operating or conducting of any licensed game or games of chance,
an amount not to exceed Four Hundred Dollars ($400.00) per session. Persons
who may be compensated from the Four Hundred Dollars ($400.00) per session
amount may include the * * *, callers, runners and cashiers. * * * The
compensation limit in this paragraph shall not apply to compensation paid to
the bingo supervisor or alternate supervisor.
(b) No employee receiving compensation for the holding, operating or conducting or assisting in the holding, operating or conducting of a bingo game shall receive compensation for more than one (1) job function.
(4) (a) Any corporation,
person or entity operating bingo games * * * under contract * * * for the benefit of organizations * * *
shall be restricted to operating such games for a limit of one (1) * * * organization authorized to pay employees
up to a maximum of Four Hundred Dollars ($400.00) per session as provided in
subsection (3) of this section. * * * The corporation, person or entity
shall only be authorized to conduct * * * bingo game sessions at one (1)
physical location or building.
(b) Any corporation,
person or entity operating bingo games, under contract, for the benefit of
organizations * * * shall have a written
contract with the organization and shall be subject to any rules and
regulations promulgated by the commission for the purpose of investigating or
regulating contracting agents.
(5) Except as may be otherwise provided pursuant to subsection (10) of this section, no manufacturer, operator, distributor, commercial lessor, or his agents or employees, who directly or indirectly leases premises, sells, leases, otherwise distributes gaming supplies or equipment, or furnishes any commodities or services, in relation to the conducting of any bingo game pursuant to Sections 97-33-51 through 97-33-203 shall take part in the holding, operation or conducting of a bingo game. However, nothing in this section shall prohibit the owner of a premises from having a representative present to protect his interests in the premises.
(6) Except as may be otherwise provided pursuant to subsection (10) of this section, no bingo game shall be conducted with any supplies or equipment except such as shall be owned by the licensee, provided without payment of any compensation by the licensee or purchased from a licensed manufacturer or distributor of such supplies or equipment.
(7) (a) Except as may be otherwise provided pursuant to subsection (10) of this section, no item of expense shall be incurred or paid in connection with the holding, operating or conducting of any bingo game by a licensee, except:
( * * *i) The actual and reasonable costs of
purchasing or leasing necessary supplies, equipment and materials to be used
exclusively in the holding, operating or conducting of the bingo game; and
( * * *ii) The actual and reasonable costs
incurred in obtaining and performing necessary bookkeeping, security and
janitorial services for the holding, operating or conducting of the bingo
game.
(b) The reasonableness of the amounts of, and the necessity for, an expense authorized by this subsection shall be determined by the commission.
(8) Except as may be otherwise provided pursuant to subsection (10) of this section, no licensee shall pay any consulting fees to any person for any service performed in relation to the conducting of any charitable game of chance or concession fees to any person who provides refreshments to the participants in any such games.
(9) Except as may be otherwise provided pursuant to subsection (10) of this section, no lease providing for a rental arrangement for premises or equipment shall provide for payment in excess of the reasonable market rental rate for such premises or equipment, and in no case shall any payment be based on a percentage of gross receipts or profits derived from a bingo game. Whether a market rental rate is reasonable shall be determined by the commission.
(10) Administrative exceptions to the provisions of this section with regard to organizations which have demonstrated to the Mississippi Gaming Commission a practice of legitimate operation of such games, may be made by the Mississippi Gaming Commission pursuant to its rules and regulations, as duly adopted and promulgated by the commission; provided that such an administrative exception shall be no more restrictive than the provision of law to which it is an exception.
SECTION 2. This act shall take effect and be in force from and after July 1, 2016.