H. B. 4327
(By Delegates Fragale and Iaquinta)
[Introduced January 29, 2008; referred to the
Committee on the Judiciary.]
A BILL 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 updating
the maximum wage allowed to reflect changes in State of West
Virginia minimum wage, which exceeds the current maximum
allowed, and pending changes in the federal minimum wage.
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
six dollars and fifty cents per hour not more than one hundred and
twenty percent of the federal minimum wage or the state minimum
wage, whichever is applicable, 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
six dollars and fifty cents per hour more
than one hundred and twenty percent of the federal minimum wage or
the state minimum wage, whichever is applicable.
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
six dollars and
fifty cents per hour not more than one hundred and twenty percent
of the federal minimum wage or the state minimum wage, whichever is
applicable, 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
six dollars and fifty cents per hour more than one
hundred and twenty percent of the federal minimum wage or the state
minimum wage, whichever is applicable.
NOTE: The purpose of this bill is to update the maximum wage
allowed to reflect changes in State of West Virginia minimum wage,
which exceeds the current maximum wage allowed, and pending changes
in the federal minimum wage. By stating a percentage of the
minimum wage rather than a specific dollar amount, the code will
not be outdated with future changes in the minimum wage laws.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.