COMMITTEE SUBSTITUTE

FOR

H. B. 2921


(By Delegates Ashley, Amores, Staton, Laird, Perdue and Beane)

(Originating in the Committee on the Judiciary)


[March 3, 1999]


A BILL to amend chapter sixty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article nine, relating to creating the "Amusement Device Control Act of 1999"; providing definitions; regulating use of devices and establishing a licensing fee; authorizing the alcoholic beverage commissioner to promulgate emergency rules and propose legislative rules; providing survey of amusement devices; prohibiting use of devices for illegal purposes; and establishing criminal penalties for noncompliance.

Be it enacted by the Legislature of West Virginia:
That chapter sixty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article nine, to read as follows:
ARTICLE 9. THE AMUSEMENT DEVICE CONTROL ACT OF 1999.
§60-9-1. Short title.

This article shall be known as "The Amusement Device Control Act of 1999."
§60-9-2. Legislative findings and purpose.

The Legislature hereby finds that there is not adequate control of the use of machines, found in various business establishments in this state, that could be used for purposes in violation of the provisions of section one, article ten, chapter sixty-one of this code which prohibits any slot machine, multiple coin console machine, multiple coin console slot machine or device in the nature of a slot machine which has no name. The regulation and control of these no name machines is essential to the safety and welfare of the people of this state in the prohibition of non- approved sanctioned amusement devices and machines. This definition does not include any device or apparatus under the jurisdiction of the West Virginia lottery commission.
§60-9-3. Definitions.

As used in this article:
(1) "amusement device" means those machines or devices which have no other name, are in the nature of a slot machine or any slot machine, multiple coin console machine, multiple coin console slot machine or device in the nature of a slot machine, or device of like kind and are kept and maintained in business establishments.
(2) "commissioner" means the alcohol beverage control commissioner.
§60-9-4. Rules necessary for effective administration.

The commissioner is authorized to propose for legislative approval in accordance with article three, chapter twenty-nine-a of this code, rules, consistent with the policy and objectives of this article, as he or she may consider necessary to protect the public interest in carrying out its provisions. The commissioner may adopt emergency rules to timely execute his or her duties under this article.
§60-9-5. Amusement device survey; ownership; location ; license fee .

(a) Every person doing business in this state and owning any interest in an amusement device or devices as defined herein, or owning an interest in any firm, corporation or other entity having ownership in those devices, whether or not licensed to do business in this state, shall, on or before the first day of July, one thousand nine hundred ninety-nine, report to the commissioner, as to each device, the following: (1) Make; (2) model; (3) serial number; (4) name(s) of owner(s); (5) address(es) of owner(s); (6) telephone number(s) of owner(s); (7) the name(s) of the person(s) having the actual physical possession of the device; (8) the address(es) and telephone number of the person having the actual physical possession of the device; and (9) the actual physical location of the device, together with such additional information as the commissioner may require.
(b) Every person doing business in this state who is in possession, but not the owner of an amusement device or devices as defined herein shall, on or before the first day of July, one thousand nine hundred ninety-nine, file a report with the alcohol beverage control commissioner, as to each device, the following: (1) Make; (2) model; (3) serial number; (4) name(s) of owner(s); (5) address(es) of owner(s); (6) telephone number(s) of owner(s); (7) filer's name, address and telephone number; (8) the actual physical location of the device, together with such additional information the commissioner may require.
(c) A license is required for each device. The commissioner shall issue a license upon the payment of an annual license of one thousand dollars for each device shall be paid to the commissioner. The fee shall due on the first day of July of each year. The fee shall be prorated for each machine, after the first day of July of each year based on the number of months remaining prior to the July first renewal period.
§60-9-6. Continuing participation in survey.
 Commencing on the first day of July, one thousand nine hundred ninety-nine and continuing thereafter until otherwise required under rules proposed by the commissioner, every person doing business in this state who acquires the ownership or possession of an amusement device as described in this article, including those persons who made full and apt disclosure on or before that date, shall, within thirty days of the acquisition thereof, notify the commissioner, as to each device, the following: (1) Make; (2) model; (3) serial number; (4) name(s) of owner(s); (5) address(es) of owner(s); (6) telephone number(s) of owner(s); (7) the name(s) of the person(s) having the actual physical possession of the device; (8) the address(es) and telephone numbers(s) of the person(s) having the actual physical possession of the device; and (9) the actual physical location of the device, together with such additional information the commissioner may require.
§60-9-7. Limitation on criminal liability.

 Except for prosecutions under section nine of this article, relating to failure to disclose ownership or possession of amusement devices, no information filed with the commissioner pursuant to the requirements of sections five and six of this chapter is admissible in evidence in any criminal proceeding against: (1) The person or persons providing the information; (2) any person or persons whose names, address, or telephone numbers appear in the filings; and (3) any person who, but for the filing of the required information, would have been unknown to prosecutorial authorities.
§60-9-8. Payoff mechanisms not legalized.
Nothing contained in this article may be deemed to legalize, authorize, license or permit any machine, apparatus or device to be equipped with any automatic money payoff mechanism or to be used for unlawful gaming or gambling activity as defined under applicable federal laws and the laws of this state.
§60-9-9. Failure to disclose; concealment; penalties.

 (a) Any person who willfully fails to disclose the ownership or possession of an amusement device, as herein required or as hereafter from time to time required by the commissioner is, as to each failure, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in the county or regional jail for a period not to exceed six months and fined not less then two hundred fifty nor more than five hundred dollars.
(b) Any person violating the provisions of subsection (a) of this section is, for the second offense thereof, guilty of a misdemeanor and, upon conviction thereof, shall be confined in the county or regional jail for a period not less then ten days nor more than one year and fined not less than two hundred fifty nor more than one thousand dollars.
(c) Any person violating the provisions of subsection (a) of this section is, for the third offense thereof, guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional institution for not less than one nor more than three years and fined not less than two thousand nor more than ten thousand dollars.