Senate Bill No. 376

(By Senator Schoonover)

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[Introduced February 1, 1999; referred to the Committee

on the Judiciary; and then to the Committee on Finance.]

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A BILL to amend and reenact sections six-a and twelve-a, article twenty, chapter forty-seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to charitable bingo; allowing two super bingo occasions a month; and increasing the maximum hourly rate that can be paid to bingo workers to ten dollars an hour.

Be it enacted by the Legislature of West Virginia:
That sections six-a and twelve-a, article twenty, chapter forty-seven
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted, all to read as follows:
ARTICLE 20. CHARITABLE BINGO.

§47-20-6a. Super bingo license.
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. All revenue from the license fee 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. The tax commissioner shall promulgate propose rules for legislative rules approval
in accordance with article three, chapter twenty-nine-a of this code specifying those organizations which qualify as charitable or public service organizations.
A holder of a super bingo license may conduct one two super bingo occasion occasions each month during the period of the license at which up to fifty thousand dollars in prizes may be awarded, notwithstanding the ten thousand dollar limitation on prizes specified in section ten of this article.
A charitable or public service organization that has a regular or limited occasion bingo license may apply for a super bingo license.
§47-20-12a. Compensation of bingo operator; number of employees.
(a) Within the guidelines set forth in subsections (b), (c) and (d) of this section, a licensee may pay a salary, the minimum of which shall be established at the federal minimum wage, and the maximum being six ten dollars and fifty cents per hour, to operators of bingo games who are active members of the licensee organization and who have been active members in good standing for at least two years prior to the date of filing of the application for a charitable bingo license or the most recent filing of an application for renewal of the license.
(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 eight 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 five 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 not more than three operators.
(e) If the licensee also possesses a super bingo license, it may pay a salary to not more than fifteen operators during the a super bingo occasion.
(f) In the case of a licensee lawfully holding a charitable bingo occasion simultaneously with a charitable raffle occasion, the number of paid charitable bingo operator employees allowed under this limitation for bingo licensees shall be is in addition to the number of charitable raffle operator employees allowed under section fifteen, article twenty-one of this chapter. Licensees holding simultaneous occasions shall pay bingo operators from the proceeds of bingo operations and shall pay raffle operators from the proceeds of raffle operations, and the charitable bingo fund and the charitable raffle fund and payments from the funds shall may not be commingled.
(g) For purposes of the limitations set forth in this section, the term "operator" or "bingo operator" or "raffle operator" shall does not include concession stand workers. Wages paid to concession workers shall may not exceed six dollars and fifty cents per hour.



NOTE: The purpose of this bill is to allow two super bingo occasions a month and to increase the maximum hourly rate that can be paid to bingo workers to $10.00 an hour.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.