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Introduced Version Senate Bill 546 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 546

(By Senators Helmick and Bailey)

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[Introduced February 1, 2008; referred to the Committee on Finance.]

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A BILL to amend and reenact §47-20-12a of the Code of West Virginia, 1931, as amended; and to amend and reenact §47-21-12 of said code, all relating to the compensation of charitable bingo and charitable raffle operators and concession workers; and making technical language changes to clarify intent.

Be it enacted by the Legislature of West Virginia:
That §47-20-12a of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §47-21-12 of said code be amended and reenacted, all to read as follows:
ARTICLE 20. REGULATION OF TRADE.
§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 is the federal minimum wage as established by the federal Fair Minimum Wage Act of 2007 (Public Law 110-28), and the maximum of which is six dollars and fifty cents per hour, one hundred and twenty-five percent of such federal minimum wage, to operators of bingo games who are either:
(1) 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; or
(2) Employees of the licensee organization or its authorized auxiliary organization who are:
(A) Residents of this state;
(B) Residents of a state bordering this state if the county of his or her residence is contiguous to the county in this state in which the bingo operation is conducted; or
(C) Residents of a bordering state who reside within thirty-five miles of the county in which the bingo operation is conducted.
(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 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 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 may not be commingled.
(g) For purposes of the limitations set forth in this section, the term "operator" or "bingo operator" or "raffle operator" does not include concession stand workers. Wages paid to concession workers may not exceed six dollars and fifty cents per hour may not be less than the federal minimum wage as established by the federal Fair Minimum Wage Act of 2007 (Public Law 110-28), and may not exceed one hundred and twenty-five percent of such federal minimum wage.
ARTICLE 21. CHARITABLE RAFFLES.
§47-21-12. Compensation.

(a) A licensee may pay a salary, the minimum of which is the federal minimum wage as established by the federal Fair Minimum Wage Act of 2007 (Public Law 110-28), and the maximum of which is six dollars and fifty cents per hour, one hundred and twenty-five percent of such federal minimum wage, to operators of charitable raffle games who are either:
(1) 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 raffle license or the most recent filing of an application for renewal of the license; or
(2) Employees of the licensee organization or its authorized auxiliary organization who are:
(A) Residents of this state;
(B) Residents of a state bordering this state if the county of his or her residence is contiguous to the county in this state in which the raffle operation is conducted; or
(C) Residents of a bordering state who reside within thirty-five miles of the county in which the raffle operation is conducted.
(b) If the licensee's gross receipts from raffle 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 charitable raffle 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 charitable raffle occasions are less than fifty thousand dollars for the licensee's most recently filed annual financial report, a salary may be paid to no more than three operators.
(e) In the case of a licensee lawfully holding a charitable bingo occasion simultaneously with a charitable raffle occasion, the number of paid charitable raffle operator employees allowed under this limitation for charitable raffle licensees is in addition to the number of charitable bingo operator employees allowed under section twelve-a, article twenty 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 Moneys in the charitable bingo fund and in the charitable raffle fund and payments from the funds may not be commingled.
(f) For purposes of the limitations set forth in this section, the term "operator" or "bingo operator" or "raffle operator" do not include concession stand workers. Wages paid to concession workers may not exceed six dollars and fifty cents per hour may not be less than the federal minimum wage as established by the federal Fair Minimum Wage Act of 2007 (Public Law 110-28), and may not exceed one hundred and twenty-five percent of such federal minimum wage.


NOTE: The purpose of this bill is to update the code sections affected to reflect modern federal minimum wage requirements and to clarify language.

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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