SB 751 S JUD AMT #1 2-24

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-1, §47-21A-2, §47-21A-3, §47-21A-4, §47-21A-5, §47-21A-6, §47-21A-7, §47-21A-8, §47-21A-9, §47-21A-10, §47-21A-11, §47-21A-12, §47-21A-13, §47-21A-14, §47-21A-15, §47-21A-16, §47-21A-17, §47-21A-18, §47-21A-19, §47-21A-20, §47-21A-21, §47-21A-22, §47-21A-23, §47-21A-24, §47-21A-25, §47-21A-26, §47-21A-27, §47-21A-28, and §47-21A-29, 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