Senate Bill No. 476
(By Senator Plymale)
[Introduced February 21, 1994;
referred to the Committee on to Judiciary.]
A BILL to amend and reenact sections four, six, six-a, twelve,
twelve-a, fifteen, sixteen and twenty-four, article twenty,
chapter forty-seven of the code of West Virginia, one
thousand nine hundred thirty-one, as amended; to further
amend said article by adding thereto a new section,
designated section sixteen-a; to amend and reenact sections
seven, eleven, fifteen, sixteen and twenty-two, article
twenty-one of said chapter; and to further amend said
article by adding thereto a new section, designated section
sixteen-a, all relating generally to charitable bingo and
charitable raffles.
Be it enacted by the Legislature of West Virginia:
That sections four, six, six-a, twelve, twelve-a, fifteen,
sixteen and twenty-four, article twenty, chapter forty-seven of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted; that said article be
further amended by adding thereto a new section, designated
section sixteen-a; that sections seven, eleven, fifteen, sixteen
and twenty-two, article twenty-one of said chapter be amended and
reenacted; and that said article be further amended by addingthereto a new section, designated section sixteen-a, all to read
as follows:
ARTICLE 20. CHARITABLE BINGO.
§47-20-4. Annual license; conditions on holding bingo.
(a) General. -- A charitable or public service organization
or any of its auxiliaries or other organizations otherwise
affiliated with it may apply for an annual license to conduct
charitable bingo.
(1) Only one license per year in the aggregate may be
granted to a charitable or public service organization and all of
its auxiliaries or other associations or organizations otherwise
affiliated with it:
Provided, That for purposes of this section
the various branches, chapters or lodges of any national
association or organization or local churches of a nationally
organized church are not considered affiliates or auxiliaries of
each other.
(2) The commissioner shall by regulation provide for the
manner for determining to which organization, whether the parent
organization, an affiliate or auxiliary, the one license allowed
under this section is granted.
(b) Period of license. -- An annual license is valid for
one year from the date of issuance first day of the calendar
month during which it was issued and entitles only the licensee
to hold no more than two bingo occasions per week:
Provided,
That an annual license issued after the thirtieth day of June,
one thousand nine hundred ninety-four, shall be valid for twelve
consecutive calendar months beginning with the month in which it
is issued.
(c) Conditions on holding bingo.
(1) Joint bingo occasions prohibited. -- No two or more
organizations may hold a joint bingo occasion under any annual
licenses.
(2) Length of bingo occasion. -- No bingo occasion held
pursuant to an annual license may exceed six hours duration.
(3) Display of license. -- A licensee shall display its
annual bingo license conspicuously at the location where the
bingo occasion is held during the conduct of the occasion.
(4) Bingo occasions open to public. -- All bingo occasions
shall be open to the general public:
Provided, That no licensee
shall permit or allow any individual under the age of eighteen to
participate in the operating or playing of any bingo game with
knowledge or reason to believe that the individual is under the
age of eighteen:
Provided, however, That an individual under the
age of eighteen may attend the playing of a bingo game when
accompanied by and under the supervision of an adult relative or
legal guardian of said individual.
§46-20-5. Limited occasion license; conditions on holding of
games.
(a) General. -- A limited occasion license is valid only
for the time period specified in the application and entitles
only the licensee to hold a bingo occasion once every twenty-four
hours for a time period not to exceed two weeks.
(1) Joint limited bingo occasions. -- Two or more
organizations may hold a joint bingo occasion provided each
participating organization has been granted a limited occasion
license for such joint occasion.
(2) Length of limited bingo occasions. -- No bingo occasion
held pursuant to a limited occasion license may exceed twelve
hours in duration.
(3) Each charitable or public service organization which
desires to hold bingo occasions pursuant to this section, or any
of its auxiliaries or other organizations affiliated with it
shall obtain a limited occasion license notwithstanding the fact
that it holds a valid annual license:
Provided, That no licensee
may obtain more than one limited occasion license.
(4) Limitation on number of licenses. -- Only three limited
occasion licenses per year in the aggregate may be granted to a
charitable or public service organization and all of its
auxiliaries or other associations or organizations otherwise
affiliated with it, none of which hold an annual license. For
purposes of this section the various branches, chapters or lodges
of any national association or organization or local churches of
a nationally organized church are not considered affiliates or
auxiliaries of each other.
(5) The commissioner shall be regulation provide the manner
for determining to which organization, whether the parent
organization, an affiliate or an auxiliary, the tree licenses
allowed under this section are granted.
(b) Conditions for holding a limited occasion bingo.
(1) Display of license. -- A licensee shall display its
limited occasion license conspicuously at the location where the
bingo occasion is held during the conduct of bingo.
(2) Bingo occasions open to public. -- All bingo occasions
shall be open to the general public:
Provided, That no licenseesshall permit or allow any individual under the age of eighteen to
participate in the operating or playing of any bingo game with
knowledge or reason to believe that the individual is under the
age of eighteen:
Provided, however, That an individual under the
age of eighteen may attend the playing of a bingo game when
accompanied by and under the general supervision of an adult
relative or legal guardian of said individual.
§47-20-6. License fee and exemption from taxes.
(a) License fees. -- (1) Annual license fee. -- A license
fee shall be paid to the tax commissioner for an annual license
in the amount of five hundred dollars, except that -- (A) for
volunteer or nonprofit groups who gross less than twenty thousand
dollars the fee shall be two hundred dollars, and (B) for bona
fide senior citizen organizations the fee is fifty dollars. (2)
Limited occasion license fee. -- A license fee shall be paid to
the tax commissioner for a limited occasion license in the amount
of one hundred dollars. (3) State Fair license fee. -- A
license fee of five hundred dollars shall be paid to the tax
commissioner for a state fair license as provided in section
twenty-two of this article.
(b) Deposit of fees. -- All revenue from said license fee
shall be deposited into the special revenue account established
under the authority of section two-a, article nine, chapter
eleven of this code and used to support the investigatory
activities provided for in that section.
(c) Fee in lieu of other license taxes. -- The license fee
imposed by this section is in lieu of all other license or
franchise fee taxes or fees of this state and no county ormunicipality or other political subdivision of this state is
empowered to impose a license or franchise tax or fee.
(b)(d) Exemption from tax. -- (1) The gross proceeds
derived from the conduct of a bingo occasion are exempt from
state and local business and occupation taxes, income taxes,
excise taxes and all special levies. (2) The licensee is exempt
from payment of consumers sales and service taxes and use taxes
on all purchases for use or consumption in the conduct of a bingo
occasion and is exempt from collecting consumers sales tax on any
admission fees and sales of bingo cards.
§47-20-6a. Super bingo license.
(a) General. -- Any charitable or public service
organization may, upon payment of a five thousand dollar license
fee, apply to the tax commissioner for issuance of an annual
super bingo license.
(b) Deposit of revenue. -- All revenue from said license
shall be deposited in the special revenue account established
under the authority of section two-a, article nine, chapter
eleven of this code and used to support the investigatory
activities provided for in that section.
(c) The tax commissioner shall promulgate rules in
accordance with article three, chapter twenty-nine- a of this
code specifying the organizations which qualify as charitable or
public service organizations.
(d) Limitation on number of super bingo occasions. -- A
holder of a super bingo license may conduct one super bingo
occasion each month during the period of the license at which up
to thirty thousand dollars in prizes may be awarded,notwithstanding the seven thousand five hundred dollar limitation
on prizes specified in section ten of this article.
(e) A charitable or public service organization that has a
regular or limited bingo occasion license may apply for a super
bingo license.
§47-20-10. Limits on prizes awarded -- General provisions.
(a) Except as otherwise provided in section twenty-two of
this article, the total value of all prizes awarded by a licensee
during the period of a license may not exceed in value eighty-
five percent of the gross proceeds collected during that period:
Provided, That notwithstanding the foregoing limitation, the
total prizes awarded by a licensee, or in the aggregate by two or
more limited occasion licensees holding a joint bingo occasion,
for any bingo occasion held pursuant to an annual or limited
occasion license, may not exceed seven thousand five hundred
dollars in value.
(b) Prizes may be money or merchandise other than beer,
nonintoxicating beer, wine, spirits or alcoholic liquor as
defined in section five, article one, chapter sixty of this code.
If the prizes are merchandise, the value assigned to them is
their fair market value at the time of purchase.
§47-20-12. Compensation.
Except as provided otherwise in sections twelve-a, thirteen
and twenty-two of this article, no individual who participates in
any manner in the conduct of a bingo occasion or the operation of
a concession in conjunction with a bingo occasion may receive or
accept any commission, wage, salary, reward, tip, donation,
gratuity, or other form of compensation or remuneration whetherdirectly or indirectly, regardless of the source, for his or her
work, labor or services.
47-20-12a. Compensation of bingo operator.
(a) Within the guidelines set forth in subsection (b), (c)
and (d) of this section, a licensee may pay a salary, not to
exceed the federal minimum wage, to operators of bingo games who
are active members of the licensee organization.
(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 three 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
two 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 no
more than one operator.
(e) The authorization provided in this section shall be
suspended when an operator whose annual financial report for the
immediately preceding license year is not filed by its statutory
due date. The suspension shall remain in place until the date
the annual report is filed.
§47-20-15. Payment of reasonable expenses from proceeds; net
proceeds disbursement.
(a) The reasonable, necessary and actual expenses incurredin connection with the conduct of bingo occasions, not to exceed
fifteen percent of the gross proceeds collected during a license
period, may be paid out of the gross proceeds of the conduct of
bingo, including, but not limited to: (1) Rent paid for the use
of the premises:
Provided, That a copy of the rental agreement
was filed with the bingo license application and any changes
thereto were filed within ten days of being made; (2) The cost of
custodial services; (3) The cost to the licensee organization for
equipment and supplies used to conduct bingo occasions; (4) The
cost to the licensee organization for advertising the bingo
occasion; (5) The cost of hiring security personnel, licensed
pursuant to the provisions of article eighteen, chapter thirty of
this code; and (6) The cost of providing child care services to
the bingo patrons:
Provided, That any proceeds received from the
provision of child care services shall be handled the same as
bingo proceeds.
(b) The actual cost to the licensee for prizes, not to
exceed the amounts as specified in section ten of this article,
may be paid out of the gross proceeds of the conduct of bingo.
(c) The actual cost to the licensee for the audit required
by section sixteen of this article, and the financial audit or
review required by section twenty-four of this article.
(c) (d) The cost of any refreshments, souvenirs or any other
item sold or otherwise provided through any concession to the
patrons may not be paid for out of the gross proceeds from the
bingo occasion. The licensee shall expend all net proceeds and
any interest earned thereon for the charitable or public service
purposes stated in the application within one year after theexpiration of the license under which the bingo occasion was
conducted. A licensee which does not qualify as a qualified
recipient organization may apply to the commissioner at the time
it applies for a bingo license or as provided in subsection (e)
of this section for permission to apply any or all of its net
proceeds to directly support a charitable or public service
activity or endeavor which it sponsors.
(d) (e) No gross proceeds from any bingo occasion may be
devoted or in any manner used by any licensee or qualified
recipient organization for the construction, improvement,
maintenance or repair of real or personal property except that
which is used exclusively for one or more charitable or public
service purposes or as provided in subdivision (3), subsection
(a) of this section.
(e) (f) Any licensee which, in good faith, finds itself
unable to comply with the requirements of this provision shall
apply to the commissioner for permission to expend its net
proceeds for one or more charitable or public service purposes
other than that stated in its license application or for
permission to expend its net proceeds later than the one-year
time period specified in this section. The application shall be
on a form furnished by the commissioner and shall include the
particulars of the requested changes and the reasons for the
changes. The application shall be filed no later than sixty days
before the end of the one-year period specified in this section.
In the case of an application to extend the time in which the net
proceeds are to be expended for a charitable or public service
purpose, the licensee shall file such periodic reports with thecommissioner as the commissioner directs until the proceeds are
expended.
§47-20-16. Records.
(a) Any licensee which holds a bingo occasion as provided by
this article shall maintain a separate checking account and
separate bookkeeping procedure for its bingo operations.
(b) Money for expenses shall be withdrawn only by checks
having preprinted consecutive numbers and made payable to a
specific person, firm or corporation and at no time shall a check
be made payable to cash.
(c) A licensee shall maintain all records required by this
article for at least three years and the records shall be open to
the commissioner for reasonable inspection.
(d) Whenever the tax commissioner has reasonable cause to
believe a licensee has violated any of the provisions of this
article, he or she the commissioner may perform or cause to be
performed an audit of the licensee's books and records:
Provided, That the tax commissioner shall perform or cause to be
performed an audit of the books and records of any licensee that
has awarded total prizes in excess of one hundred seventy-five
thousand dollars during the period of the license. The tax
commissioner shall file a copy of the completed audit with the
county commission of the county wherein the licensee holds bingo
occasions. The cost of such audit shall be paid by the licensee.
§47-20-16a. Suspension or revocation of license.
(a) Suspension of license. -- The tax commissioner may
suspend a bingo license for a period of up to fourteen days, in
the discretion of the commissioner, if any report required bythis article is within thirty days after its statutory due date.
(b) Revocation of license. -- The tax commissioner may
revoke a bingo license when the commissioner determines that the
licensee is willfully neglecting complainace with the provisions
of this article.
(c) Hearing. -- Prior to suspension or revocation, the
commissioner shall notify the licensee of the date, time and
place where the licensee may appear and present evidence
concerning why the suspension or revocation should not be
imposed. The decision of the commissioner may be appealed like
an administrative decision may be appeal under article ten,
chapter eleven of this code.
§47-20-24. Filing of reports.
(a) Reports by holder of annual or super bingo license. --
Each licensee holding an annual license shall file with the tax
commissioner quarterly eleven monthly reports and one annual
financial reports report summarizing its bingo operations for the
time period covered by the report.
(1) Each quarterly monthly report shall be filed within
twenty-five days after the end of the quarter which it covers by
the last day of the next succeeding month except that the report
for the twelfth month of the license year shall be included in
the annual report for that year.
(2) The annual report shall be filed within thirty days by
the last day of the first calendar month after the expiration of
the license under which the operations covered by the report were
held.
(b) Report by holder of limited occasion or state fairlicense. -- Each licensee holding a limited occasion license or
a state fair license shall file with the tax commissioner a
financial report summarizing its bingo operations for the license
period within thirty days after expiration of the license under
which the operations covered by the report are held.
(c) Contents of report. -- The report or reports required
by this section shall contain the name, address and social
security number of any individual who receives during the course
of a bingo occasion the aggregate value of which exceeds one
hundred dollars, and other information required by the tax
commissioner.
(d) Type of annual report when gross proceeds exceed
$50,000.
(1) Gross proceeds over $50,000 but not over $250,000. --
The annual financial report required by this section for license
years beginning on or after the first day of July, one thousand
nine hundred ninety- three, must contain a compilation and review
of such financial report, as defined by the American institute of
certified public accountants, if a licensee's gross receipts
under this article and article twenty-one of this chapter exceed
fifty thousand dollars but do not exceed two hundred fifty
thousand dollars during the period of the annual bingo license.
(2) Gross proceeds over $250,000. -- The annual financial
report required by this section for license years beginning on or
after the first day of July, one thousand nine hundred ninety-
three, must be audited financial reports as defined by the
American institute of certified public accountants if a
licensee's gross receipts exceed under this article and articletwenty-one of this chapter exceed two hundred fifty thousand
dollars during the period of the annual bingo license.
(d) Penalty for failure to timely file report. --
Provided, That any Any licensee failing to file such report when
by its due date shall be liable for a penalty of twenty-five
dollars for each month or fraction thereof during which the
failure continues:
Provided, That such penalty shall not to
exceed one hundred dollars per report. This penalty shall be
assessed and collected as penalty is assessed and collected under
article ten, chapter eleven of this code:
Provided, however, That
annual financial reports for years ending after the first day of
July, one thousand nine hundred ninety-three, must be audited
financial reports as defined by the American institute of
certified public accountants if a licensee's gross receipts
exceed one hundred thousand dollars:
Provided further, That
annual financial reports for license years ending after the first
day of July, one thousand nine hundred ninety- three, must
contain a compilation and review of such financial report, as
defined by the American institute of certified public
accountants, if a licensee's gross receipts exceed fifty thousand
dollars but are less than one hundred thousand dollars.
ARTICLE 21. CHARITABLE RAFFLES.
§47-21-7. License fee and exemption from tax.
(a) License fees.
(1) Annual license. -- A license fee shall be paid to the
tax commissioner for annual licenses in the amount of five
hundred dollars.
(2) Limited occasion license. -- A license fee shall bepaid to the tax commissioner for a limited occasion license in
the amount of fifty dollars.
(b) Revenue. -- All revenue from said license fees shall be
deposited in the special revenue account established under the
authority of section two-a, article nine, chapter eleven of this
code and used to support investigatory activities provided for in
said section.
(c) Exemptions from tax. (1) The license fee imposed by
this section is in lieu of all other license or franchise taxes
or fees of this state and no county or municipality or other
political subdivision of this state is empowered to impose a
license or franchise tax or fee on any raffle or raffle occasion.
(b)(2) The gross proceeds derived from the conduct of a raffle
occasion are exempt from state and local business and occupation
taxes, income taxes, excise taxes and all special taxes. (3) Any
charitable or public service organization conducting a raffle
occasion pursuant to the provisions of this article is exempt
from payment of consumers sales and service taxes, use taxes and
all other taxes on all purchases for use or consumption in the
conduct of a raffle occasion and is exempt from collecting
consumers sales taxes on any admission fees and sales of raffle
tickets.
§47-21-11. Limits on prizes awarded --
General provisions.
During the period of a license, the total value of all
prizes awarded by a licensee shall not exceed in value eighty-
five percent of the gross proceeds collected during that period:
Provided, That notwithstanding the foregoing limitation, the
total prizes awarded by a licensee, or in the aggregate by two ormore limited occasion licensees holding a joint raffle occasion,
for any raffle occasion held pursuant to a limited occasion
license, may not exceed in value seven thousand five hundred
dollars. Prizes may be money, real or personal property or
merchandise other than beer, nonintoxicating beer, wine, spirits
or alcoholic liquor as defined in section five, article one,
chapter sixty of this code. If the prizes are real or personal
property or merchandise, the value assigned to them is their fair
market value at the time of acquisition for the raffle or at the
time of purchase.
§47-21-15. Payment of reasonable expenses from proceeds; net
proceeds disbursement.
(a) The reasonable, necessary and actual expenses incurred
in connection with the conduct of raffle occasions, not to exceed
fifteen percent of the gross proceeds collected during a license
period, may be paid out of the gross proceeds of the conduct of
raffle, including, but not limited to: (1) Rent paid for the use
of the premises:
Provided, That a copy of the rental agreement
was filed with the raffle license application and any changes
thereto were filed within ten days of being made; (2) The cost of
custodial services; (3) The cost to the licensee organization for
equipment and supplies used to conduct raffle occasions; (4) The
cost to the licensee organization for advertising the raffle
occasion; (5) The cost of hiring security personnel, licensed
pursuant to the provisions of article eighteen, chapter thirty of
this code; and (6) The cost of providing child care services to
the bingo raffle patrons:
Provided, That any proceeds received
from the provision of child care services shall be handled thesame as bingo raffle proceeds.
(b) The actual cost to the licensee for prizes, not to
exceed the amounts as specified in section eleven of this
article, may be paid out of the gross proceeds of the conduct of
raffle.
(c) The actual cost to the licensee for the audit required
by section sixteen of this article, and the financial audit or
review required by section twenty-four of this article.
(c) (d) The cost of any refreshments, souvenirs or any other
item sold or otherwise provided through any concession to the
patrons may not be paid for out of the gross proceeds from the
raffle occasion. The licensee shall expend all net raffle
proceeds and any interest earned thereon for the charitable or
public service purposes stated in the application within one year
after the expiration of the license under which the raffle
occasions were conducted. A licensee which does not qualify as
a qualified recipient organization may apply to the commissioner
at the time it applies for a raffle license or as provided in
subsection (e) of this section for permission to apply any or all
of its net proceeds to directly support a charitable or public
service activity or endeavor which it sponsors.
(d) (e) No gross proceeds from any raffle occasion may be
devoted or in any manner used by any licensee or qualified
recipient organization for the construction, improvement,
maintenance or repair of real or personal property except that
which is used exclusively for one or more charitable or public
service purposes or as provided in subdivision (3), subsection
(a) of this section.
(e) (f) Any licensee which, in good faith, finds itself
unable to comply with the requirements of this provision shall
apply to the commissioner for permission to expend its net
proceeds for one or more charitable or public service purposes
other than that stated in its license application or for
permission to expend its net proceeds later than the one-year
time period specified in this section. The application shall be
on a form furnished by the commissioner and shall include the
particulars of the requested changes and the reasons for the
changes. The application shall be filed no later than sixty days
before the end of the one-year period specified in this section.
In the case of an application to extend the time in which the net
proceeds are to be expended for a charitable or public service
purpose, the licensee shall file such periodic reports with the
commissioner as the commissioner directs until the proceeds are
expended.
§47-21-16. Records.
Any licensee which holds a raffle occasion as provided by
this article shall maintain a separate checking account and
separate bookkeeping procedure for its raffle operations.
Expenses and cash prizes shall be paid only by checks having
preprinted consecutive numbers and made payable to a specific
person, firm or corporation and at no time shall a check be made
payable to cash. All records required by this article shall be
maintained for at least three years and shall be open to the
commissioner for reasonable inspection. Whenever the tax
commissioner has reasonable cause to believe a licensee has
violated any of the provisions of this article, he thecommissioner may perform or cause to be performed an audit of the
licensee's books and records. The cost of such audit shall be
paid by the licensee.
§47-21-16a. Suspension or revocation of license.
(a) Suspension of license. -- The tax commissioner may
suspend a raffle license for a period of up to fourteen days, in
the discretion of the commissioner, if any report required by
this article is within thirty days after its statutory due date.
(b) Revocation of license. -- The tax commissioner may
revoke a raffle license when the commissioner determines that the
licensee is willfully neglecting complainace with the provisions
of this article.
(c) Hearing. -- Prior to suspension or revocation, the
commissioner shall notify the licensee of the date, time and
place where the licensee may appear and present evidence
concerning why the suspension or revocation should not be
imposed. The decision of the commissioner may be appealed like
an administrative decision may be appeal under article ten,
chapter eleven of this code.
§47-21-22. Filing of reports.
(a) Reports by holder of annual license. -- Each licensee
holding an annual, limited or state fair license shall file with
the commissioner monthly and annual financial report reports
summarizing its raffle operations for the time period covered by
the report.
(1) Each monthly report shall be filed by the last day of
the next succeeding month, except for the report covering the
last month of the license year shall be included in the annualreport.
(2) The annual report shall be filed within thirty days
after the expiration date of such license.
(b) Report by holder of limited occasion or state fair
license. -- Each licensee holding a limited occasion license or
a state fair license shall file with the tax commissioner a
financial report summarizing its raffle operations for the
license period within thirty days after the expiration date of
such license. report are held.
(c) Contents of report. -- The reports required by this
section shall contain the name, address and social security
number of any individual who receives during the course of a
raffle occasion prizes the aggregate value of which exceeds one
hundred dollars, and other information required by the tax
commissioner.
(d) Type of annual report when gross proceeds exceed
$50,000.
(1) Gross proceeds over $50,000 but not over $250,000. --
The annual financial report required by this section for license
years beginning on or after the first day of July, one thousand
nine hundred ninety- three, must contain a compilation and review
of such financial report, as defined by the American institute of
certified public accountants, if a licensee's gross receipts
under this article and article twenty-one of this chapter exceed
fifty thousand dollars but do not exceed two hundred fifty
thousand dollars during the period of the annual bingo license.
(2) Gross proceeds over $250,000. -- The annual financial
report required by this section for license years beginning on orafter the first day of July, one thousand nine hundred ninety-
three, must be audited financial reports as defined by the
American institute of certified public accountants if a
licensee's gross receipts exceed under this article and article
twenty-one of this chapter exceed two hundred fifty thousand
dollars during the period of the annual bingo license.
(d) Penalty for failure to timely file report. --
Provided, That any Any licensee failing to file such report when
by its due date shall be liable for a penalty of twenty-five
dollars for each month or fraction thereof during which the
failure continues:
Provided, That such penalty shall not to
exceed one hundred dollars per report. This penalty shall be
assessed and collected as penalty is assessed and collected under
article ten, chapter eleven of this code:
Provided, however,
That annual financial reports for years ending after the first
day of July, one thousand nine hundred ninety-three, must be
audited financial reports as defined by the American institute of
certified public accountants if a licensee's gross receipts
exceed one hundred thousand dollars:
Provided further, That
annual financial reports for license years ending after the first
day of July, one thousand nine hundred ninety-three, must contain
a compilation and review of such financial report, as defined by
the American institute of certified public accountants, if a
licensee's gross receipts exceed fifty thousand dollars but are
less than one hundred thousand dollars.]
NOTE: The purpose of this bill is to make it easier for
charitable bingo and charitable raffle licensees to comply withthe requirements of the law for the licensing and conduct of
bingo and raffles and to provide the Tax Commissioner with more
current information and additional authority to ensure that bingo
and raffles are conducted in accordance with West Virginia law.
Strike-through indicate language of current law that would
be deleted. Underscoring indicates language that would be added
to current law.
Bill sections 47-20-16a and 47-21-16a are new. Therefore,
strike-throughs and underscoring are omitted.
Email
Webmaster | © 2024 West Virginia Legislature **
