H. B. 4563

(By Delegates Givens, Manuel and R. Thompson)


(Originating in the Committee on the Judiciary)



[February 20, 2002]



A BILL to amend and reenact section three, article twenty, chapter forty-seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section four, article twenty-one of said chapter, all relating to the licensing of charitable bingo or charitable raffle activities by charitable or public organizations.

Be it enacted by the Legislature of West Virginia:
That section three, article twenty, chapter forty-seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that section four, article twenty-one of said chapter be amended and reenacted, all to read as follows:
ARTICLE 20. CHARITABLE BINGO.
§47-20-3. Who may hold bingo games; application for license; licenses not transferable.

Any charitable or public service organization which has been in existence in this state two years prior to filing an application for a bingo license issued pursuant to section four or five of this article may hold bingo occasions in accordance with the provisions of this article during the time it holds a valid license: Provided, That if the applicant for a bingo license under section four or five of this article is a charitable or public service organization that is duly certified to be a branch, chapter or lodge of a national association or organization in good standing, and if said national association or organization has other branches, chapters or lodges which have been in existence in this state for a period of at least twenty-five (25) years, then the commissioner may waive the requirement that the duly certified local branch, chapter or lodge must be in existence for at least two years before it may hold a bingo license, for good cause shown.
Application for a bingo license shall be made to the tax commissioner and shall be on a form which shall be supplied by him or her. The application shall contain the information required by section seven of this article and any other information which the commissioner considers necessary. An application shall be filed not less than sixty days before the date when the applicant intends to hold its first bingo occasion. No bingo occasion may be held until an application filed in accordance with this article has been approved by the tax commissioner, and the bingo license has been received: Provided, That under no circumstances may a licensee organization conduct a bingo occasion before the sixty day filing period between the filing of the application and date of the first bingo occasion has elapsed: Provided, however, That the date the application is received by the tax commissioner shall begin the sixty day filing period. The tax commissioner shall send the applicant its license within five days after approval of the bingo application. If the filing period has elapsed, and the application has not been denied by the tax commissioner, and the license has not been received by the applicant, the applicant may consider the application approved and begin to hold bingo occasions. The tax commissioner shall send a bingo license to the applicant within five days after the expiration of the filing period if the application has not been otherwise denied.
No bingo license issued pursuant to this article may be transferred.
ARTICLE 21. CHARITABLE RAFFLES.

§47-21-4. Who may hold raffles; application for license; licenses not transferable.
(a) Except as provided in section three of this article, only persons, as defined in section two of this article, who are residents of this state and who are active members of any charitable or public service organization which has been in existence in this state for at least two years prior to filing an application for a raffle license issued pursuant to section five or six of this article may hold raffle occasions in accordance with the provisions of this article during the time it holds a valid license: Provided, That if the applicants for a raffle license under section five or six of this article are members of a charitable or public service organization that is duly certified to be a branch, chapter or lodge of a national association or organization in good standing, and if said national association or organization has other branches, chapters or lodges which have been in existence in this state for a period of at least twenty-five (25) years, then the commissioner may waive the requirement that the duly certified local branch, chapter or lodge must be in existence in this state for at least two years prior before it may apply for or hold a raffle license, for good cause shown.
(b) Application for a raffle license shall be made to the tax commissioner and shall be on a form supplied by him or her. The application shall contain the information required by section eight of this article and any other information which the commissioner considers necessary. No raffle may be held and no tickets may be sold pursuant to this article until the raffle application has been approved by the tax commissioner and the license has been received by the applicant: Provided, That no raffle occasion may be held and no raffle tickets may be sold until a sixty day filing period, which is that time period between the receipt of that application by the tax commissioner and the first raffle occasion, has expired: Provided, however, That the tax commissioner shall send the applicant its license within five days after the application is approved. If the sixty day filing period has expired and the application has not been denied and the raffle license has not been received by the applicant, the applicant may consider the application approved and begin to sell tickets for the raffle or hold the raffle occasion. The tax commissioner shall send the applicant its license within five days after the expiration of the filing period if the application has not been otherwise denied.
(c) For purposes of this article, any application for an annual license or a limited occasion license received prior to the effective date of this article is considered filed on the effective date.
(d) No raffle license issued pursuant to this article may be transferred.

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