Enrolled Committee Substitute
House Bill 4327 History
OTHER VERSIONS -
Introduced Version
|
Committee Substitute
|
| Email
Key: Green = existing Code. Red = new code to be enacted
ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 4327
(By Delegates Fragale and Iaquinta)
[Passed February 20, 2008; in effect ninety days from passage.]
AN ACT to amend and reenact §47-20-12a of the Code of West
Virginia, 1931, as amended; and to amend and reenact §47-21-12
of said code, all relating to charitable bingo and charitable
raffles; amending the range of compensation which may be paid
to operators of charitable bingo and charitable raffles; and
amending the range of compensation which may be paid to
concession workers.
Be it enacted by the Legislature of West Virginia:
That §47-20-12a of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that §47-21-12 of said code be amended
and reenacted, all to read as follows:
ARTICLE 20. CHARITABLE BINGO.
§47-20-12a. Compensation of bingo operator; number of employees.
(a) Within the guidelines set forth in subsections (b), (c) and
(d) of this section, a licensee may pay a salary, the minimum of
which is the federal minimum wage and the maximum of which is not more than one hundred and twenty percent of the state minimum wage
to operators of bingo games who are either:
(1) Active members of the licensee organization and who have
been active members in good standing for at least two years prior
to the date of filing of the application for a charitable bingo
license or the most recent filing of an application for renewal of
the license; or
(2) Employees of the licensee organization or its authorized
auxiliary organization who are:
(A) Residents of this state;
(B) Residents of a state bordering this state if the county of
his or her residence is contiguous to the county in this state in
which the bingo operation is conducted; or
(C) Residents of a bordering state who reside within
thirty-five miles of the county in which the bingo operation is
conducted.
(b) If the licensee's gross receipts from bingo occasions equal
or exceed one hundred thousand dollars for the licensee's most
recently filed annual financial report, a salary may be paid to not
more than eight operators.
(c) If the licensee's gross receipts from bingo occasions are
less than one hundred thousand dollars, but equal or exceed fifty
thousand dollars for the licensee's most recently filed annual
financial report, a salary may be paid to not more than five
operators.
(d) If the licensee's gross receipts from bingo occasions are less than fifty thousand dollars for the licensee's most recently
filed annual financial report, a salary may be paid to not more than
three operators.
(e) If the licensee also possesses a super bingo license, it
may pay a salary to not more than fifteen operators during the super
bingo occasion.
(f) In the case of a licensee lawfully holding a charitable
bingo occasion simultaneously with a charitable raffle occasion, the
number of paid charitable bingo operator employees allowed under
this limitation for bingo licensees is in addition to the number of
charitable raffle operator employees allowed under section fifteen,
article twenty-one of this chapter. Licensees holding simultaneous
occasions shall pay bingo operators from the proceeds of bingo
operations and shall pay raffle operators from the proceeds of
raffle operations and the charitable bingo fund and the charitable
raffle fund and payments from the funds may not be commingled.
(g) For purposes of the limitations set forth in this section,
the term "operator" or "bingo operator" or "raffle operator" does
not include concession stand workers. Wages paid to concession
workers may not exceed more than one hundred and twenty percent of
the state minimum wage.
ARTICLE 21. CHARITABLE RAFFLES.
§47-21-12. Compensation.
(a) A licensee may pay a salary, the minimum of which is the
federal minimum wage and the maximum of which is not more than one
hundred and twenty percent of the state minimum wage to operators of charitable raffle games who are either:
(1) Active members of the licensee organization and who have
been active members in good standing for at least two years prior
to the date of filing of the application for a charitable raffle
license or the most recent filing of an application for renewal of
the license; or
(2) Employees of the licensee organization or its authorized
auxiliary organization who are:
(A) Residents of this state;
(B) Residents of a state bordering this state if the county of
his or her residence is contiguous to the county in this state in
which the raffle operation is conducted; or
(C) Residents of a bordering state who reside within
thirty-five miles of the county in which the raffle operation is
conducted.
(b) If the licensee's gross receipts from raffle occasions
equal or exceed one hundred thousand dollars for the licensee's most
recently filed annual financial report, a salary may be paid to not
more than eight operators.
(c) If the licensee's gross receipts from charitable raffle
occasions are less than one hundred thousand dollars, but equal or
exceed fifty thousand dollars for the licensee's most recently filed
annual financial report, a salary may be paid to not more than five
operators.
(d) If the licensee's gross receipts from charitable raffle
occasions are less than fifty thousand dollars for the licensee's most recently filed annual financial report, a salary may be paid
to no more than three operators.
(e) In the case of a licensee lawfully holding a charitable
bingo occasion simultaneously with a charitable raffle occasion, the
number of paid charitable raffle operator employees allowed under
this limitation for charitable raffle licensees is in addition to
the number of charitable bingo operator employees allowed under
section twelve-a, article twenty of this chapter. Licensees holding
simultaneous occasions shall pay bingo operators from the proceeds
of bingo operations and shall pay raffle operators from the proceeds
of raffle operations and the charitable bingo fund and the
charitable raffle fund and payments from the funds may not be
commingled.
(f) For purposes of the limitations set forth in this section,
the term "operator" or "bingo operator" or "raffle operator" do not
include concession stand workers. Wages paid to concession workers
may not exceed more than one hundred and twenty percent of the state
minimum wage.