Bill Text: WV HB2516 | 2011 | Regular Session | Introduced
Bill Title: Relating to charitable raffles
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2011-02-22 - To House Finance [HB2516 Detail]
Download: West_Virginia-2011-HB2516-Introduced.html
(By Delegates Swartzmiller, Boggs, Hall, Manypenny,
D. Poling, Shaver and Williams)
[Introduced January 17, 2011; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact §47-21-2 and §47-21-20 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §47-21-19a, all relating to charitable raffles; and allowing certain fraternal societies and veteran's organizations to use electronic or mechanical raffle devices to conduct raffles.
Be it enacted by the Legislature of West Virginia:
That §47-21-2 and §47-21-20 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and to amend said code by adding thereto a new section, designated §47-21-19a, all to read as follows:
ARTICLE 21. CHARITABLE RAFFLES.
§47-21-2. Definitions.
For purposes of this article, unless specified otherwise:
(a) "Charitable or public service activity or endeavor" means any bona fide activity or endeavor which directly benefits a number of people by:
(1) Contributing to educational or religious purposes; or
(2) Relieving them from disease, distress, suffering, constraint or the effects of poverty; or
(3) Increasing their comprehension of and devotion to the principles upon which this nation was founded and to the principles of good citizenship; or
(4) Making them aware of or educating them about issues of public concern so long as the activity or endeavor is not aimed at supporting or participating in the campaign of any candidate for public office; or
(5) By lessening the burdens borne by government or voluntarily supporting, augmenting or supplementing services which government would normally render to the people; or
(6) Providing or supporting nonprofit community activities for youth, senior citizens or the disabled; or
(7) Providing or supporting nonprofit cultural or artistic activities; or
(8) Providing or supporting any political party executive committee.
(b) "Charitable or public service organization" means a bona fide, not for profit, tax-exempt, benevolent, educational, philanthropic, humane, patriotic, civic, religious, fraternal or eleemosynary incorporated or unincorporated association or organization; or a volunteer fire department, rescue unit or other similar volunteer community service organization or association; but does not include any nonprofit association or organization, whether incorporated or not, which is organized primarily for the purposes of influencing legislation or supporting or promoting the campaign of any single candidate for public office.
(c) "Commissioner" means the State Tax Commissioner.
(d) "Concession" means any stand, booth, cart, counter or other facility, whether stationary or movable, where beverages, both alcoholic and nonalcoholic, food, snacks, cigarettes or other tobacco products, newspapers, souvenirs or any other items are sold to patrons by an individual operating the facility. Notwithstanding anything contained in subdivision (2), subsection (a), section twelve, article seven, chapter sixty of this code to the contrary, "concession" includes beverages which are regulated by and shall be subject to the provisions of chapter sixty of this code.
(e) "Conduct" means to direct the actual holding of a raffle by activities including, but not limited to, handing out tickets, collecting money, drawing the winning numbers or names, announcing the winning numbers or names, posting the winning numbers or names, verifying winners and awarding prizes.
(f) "Electronic or mechanical raffle device" means any electronic or mechanical raffle ticket dispenser, raffle ticket reader or other electronic or mechanical device of whatever design or function, designed or used to enhance or aid the conduct of a raffle. This subsection may not be interpreted to include or prevent the use of:
(1) Hand cranked or motorized drum mixers which randomly mix tickets or other indicia together for the purpose of allowing the hand drawing of a ticket or winning indicia.
(2) A cash register for handling proceeds of sales and other ordinary cash handling and record keeping functions of a raffle licensee.
(3) Accounting and record keeping software for the purpose of maintaining accounting and reporting records of the licensee, and the computer for running those applications, not used in the play of any game.
(h) "Fraternal Society or veteran's organization" means a fraternal society or veteran's organization that is: (1) A fraternal beneficiary society that is exempt from federal income tax under section 501(c)(8) of the Internal Revenue Code of 1986, as amended; (2) a domestic fraternal society that is exempt from federal income tax under section 501(c)(10); or (3) a veterans' organization that is exempt from federal income tax under section 501(c)(19) of the Internal Revenue Code.
(1) Hand cranked or motorized drum mixers which randomly mix tickets or other indicia together for the purpose of allowing the hand drawing of a ticket or winning indicia.
(2) A cash register for handling proceeds of sales and other ordinary cash handling and record keeping functions of a raffle licensee.
(3) Accounting and recordkeeping software for the purpose of maintaining accounting and reporting records of the licensee, and the computer for running those applications, not used in the play of any game.
§47-21-19a. Use of electronic or mechanical raffle devices
prohibited; exceptions.
(a) Except as specifically authorized in subsection (b) of this section, a person licensed under this article, and a person who operates a raffle without a license under section three of this article may not conduct a raffle by the use or means of an electronic or mechanical raffle device.
(b) A licensed fraternal society or veteran's organization may operate or conduct a raffle by the use or operation of an electronic or mechanical raffle device: Provided, That not more than five electronic or mechanical raffle devices may be used or located upon the premises for which the license was issued.
§47-21-20. Violation of provisions; crime; civil penalties; additional grounds for suspension or revocation.
(a) Any person who knowingly violates any provisions of this article, other than the provisions of sections eighteen or nineteen, or subsection (b) of this section, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $1,000; and, upon a second or subsequent conviction thereof, shall be fined not less than $100 nor more than $100,000 or confined in jail not more than one year or both fined and confined.
(b)
(c) A licensee may also have his or her license suspended or revoked for failure to comply with this article and may be required to forfeit the
(d) In addition to any other penalty provided by law, any person, licensed or unlicensed under this article, who violates any provisions of this article, or who fails to perform any of the duties or obligations created and imposed upon them by the provisions of this article, other than the provisions of sections eighteen or nineteen of this article, or subsection (b) of this section, is subject to a civil penalty as may be determined by the Tax Commissioner in an amount not to exceed $10,000.
NOTE: The purpose of this bill is to allow certain fraternal societies and veteran's organizations to use electronic or mechanical raffle devices to conduct raffles.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
§47-21-19a is new; therefore, it has been completely underscored.