SB 751 S JUD AMT #2-22

Mowen 7888

The Committee on Judiciary moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:

Com. Sub. to Com. Sub. for Senate Bill 751 —S.B. 751— A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article designated §47-21A-101, §47-21A-102, §47-21A-103, §47-21A-104, §47-21A-105, §47-21A-106, §47-21A-107, §47-21A-108, §47-21A-109, §47-21A-110, §47-21A-111, §47-21A-112, §47-21A-113, §47-21A-114, §47-21A-115, §47-21A-116, §47-21A-117, §47-21A-118, §47-21A-119, §47-21A-120, §47-21A-121, §47-21A-122, §47-21A-123, §47-21A-124, §47-21A-125, §47-21A-126, §47-21A-127, §47-21A-128, §47-21A-129, and §47-21A-130, all relating to creating online charitable raffles; declaring the legislative intent to create a practicable way for charitable and public service organizations to raise funds; defining terms; authorizing certain entities to conduct online raffles without obtaining a license based upon the value of items raffled and cumulative annual gross sales; identifying who may hold a license and what system license holders must use to ensure patrons are located in the State of West Virginia; explaining the authority of the Tax Commissioner to review and grant licenses; identifying the different types of licenses available for online raffles; setting licensing fees and the creation of a special revenue fund; setting forth the procedure for amending information provided on licenses; permitting the Commissioner to engage in regular and emergency rule making; limiting awards on prizes; limiting compensation payable to an operator of an online raffle; limiting amount of expenses payable from proceeds of online raffle revenue; requiring record-keeping and allowing the Commissioner to conduct audits of license holders; defining the scope of permissible advertising for online raffles; allowing platform providers to hold certain licenses; setting criminal penalties for the violation of any provision of this Code; requiring license holders to file periodic reports with the Commissioner; requiring license applications to be available for public inspections; prohibiting individuals convicted of specific crimes from obtaining a license; providing for civil penalties for violations of this article; and permitting review of civil fines by appeal to the Intermediate Court of Appeals.

Adopted

Rejected