SB 232 — Removing outdated prohibitions against electronic or mechanical ticket dispensers and readers

NEWS RELEASES HELPFUL LINKS SB232Enrolled SUB1Version - Final Version « Senate Bill 232 History OTHER VERSIONS  —  EnrolledCommittee VersionSubstitute -(1) Final Version  |  Introduced Version  |   |  Email Key:

Red = new code to be enacted WEST virginia legislature regular session Enrolled Committee Substitute for Senate Bill 232 Senator Weld, original sponsor [Originating[Passed inMarch the2, Committee2020; on the Judiciary;

reportedin oneffect February90 10,days 2020]from passage]     AAN BILLACT to amend and reenact §47-21-2, §47-21-20, and §47-21-26 of the Code of West Virginia, 1931, as amended, all relating to charitable raffles;

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;

Notwithstanding anything contained in §60-7-12(a)(2) of this code to the contrary, “concession” includes beverages which are regulated by and shall be are subject to the provisions of chapter 60 of this code.

this term shall not be deemed determined to include any moneys collected or received from the sale of concessions at raffle occasions.

this term shall not be deemed determined to include moneys collected or received from the sale of concessions at raffle occasions.

(m) “Qualified recipient organization” means any bona fide, not for profit, tax-exempt, as defined in subdivision (p) of this section, incorporated or unincorporated association or organization which is organized and functions exclusively to directly benefit a number of people as provided in subparagraphsparagraphs (1) through (7), inclusive, subdivision (a), of this section.

(n) “Raffle” means a game involving the selling or distribution of paper tickets, not enhanced or aided by the use of any electronic or mechanical raffle ticket dispenser, raffle ticket reader or other electronic or mechanical device of whatever design or function entitling the holder or holders to participate in a raffle game for a chance on a prize or prizes: prizes: Provided, That any mechanical or electronic raffle ticket system of whatever design or function is prohibited except as provided in subdivision (2) of this subsection.

ThisProvided, subsectionThat shallany notmechanical beor interpretedelectronic toraffle preventticket thesystem useof of:whatever design or function is prohibited except as provided in paragraph (2) of this subdivision.

This subdivision shall not be interpreted to prevent the use of:

(2) (3) A cash register for handling proceeds of sales and other ordinary cash-handling and record-keeping functions of a raffle licensee;

or (3) (4) Accounting and record-keeping software for the purpose of maintaining accounting and reporting records of the licensee, and the computer for running those applicationsapplications. not used in the play of any game.

or is exempt from income taxes under subsection 527(a) of said that code.

(b) On and after July 1, 2010, any person licensed under this article, or any person who operates a raffle without a license under §47-21-3 of this code, who is in possession of any electronic or mechanical raffle ticket dispenser, raffle ticket reader or other electronic or mechanical device system of whatever design or function, other than those machines and apparatus allowed under §47-21-2(n) of this code, that is used or designed to be used as part of a licensed raffle is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for a term of not less than one year nor more than three years, and fined not less than $50,000 nor more than $100,000, for each electronic or mechanical raffle ticket dispenser, raffle ticket reader or other electronic or mechanical device system of whatever design or function, other than those machines and apparatus allowed under §47-21-2(n) of this code, in the person’s actual or constructive possession in this state.

For a person other than an individual, upon conviction, the fine may not be less than $100,000 nor more than $500,000 for each video electronic or mechanical raffle ticket dispenser, raffle ticket reader or other electronic or mechanical device system of whatever design or function in the person’person’s s actual or constructive possession in this state.

A licensee may use only raffle equipment which it owns, or which it borrows without compensation, or which it leases for a reasonable and customary amountamount. from another licensee.