COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 565
(By Senators Fanning and Caldwell)
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[Originating in the Committee on Finance;
reported February 26, 2004.]
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A BILL to amend and reenact §47-20-16 of the code of West Virginia,
1931, as amended; and to amend and reenact §47-21-16 of said
code, all relating to charitable bingo and charitable raffles;
and allowing game proceeds to be transferred, by check,
between raffle and bingo accounts to offset losses.
Be it enacted by the Legislature of West Virginia:
That §47-20-16 of the code of West Virginia, 1931, as amended,
be amended and reenacted; and that §47-21-16 of said code be
amended and reenacted, all to read as follows:
ARTICLE 20. CHARITABLE BINGO.
§47-20-16. Records; commissioner audit.
Any licensee which holds a bingo occasion as provided by this
article shall maintain a separate checking account and separate
book-keeping procedure for its bingo operations
: Provided, That
nothing in this article restricts a licensee from transferring moneys in the account from a bingo occasion to an account created
under section sixteen, article twenty-one of this chapter in an
amount not to exceed the actual loss of the raffle occasion
receiving the transfer: Provided, however, That money transferred
shall be withdrawn only by checks having preprinted consecutive
numbers and made payable to the account created under section
sixteen, article twenty-one of this code. 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be withdrawn only by checks having preprinted consecutive numbers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. 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. Whenever the tax commissioner has
reasonable cause to believe a licensee has violated any of the
provisions of this article, he or she may perform or cause to be
performed an audit of the licensee's books and records:
Provided
further, 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. The tax commissioner shall file a copy of the
completed audit with the county commission of the county wherein
the licensee holds bingo occasions.
ARTICLE 21. CHARITABLE RAFFLES.
§47-21-16. Records; commissioner audit.
Any licensee which holds a raffle occasion as provided by this
article shall maintain a separate account and separate book-keeping
procedure for its raffle operations
: Provided, That nothing in
this article restricts a licensee from transferring moneys in the
account from a raffle occasion to an account created under section
sixteen, article twenty of this chapter in an amount not to exceed
the actual loss of the raffle occasion receiving the transfer:
Provided, however, That money transferred shall be withdrawn only
by checks having preprinted consecutive numbers and made payable to
the account created under section sixteen, article twenty of this
code. 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 commissioner has reasonable
cause to believe a licensee has violated any of the provisions of
this article, he may perform or cause to be performed an audit of
the licensee's books and records.
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(NOTE: The purpose of this bill is to permit licensees to
transfer game proceeds between their bingo and raffle operations.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)
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