H. B. 2179
(By Delegate Staton)
[Introduced January 13, 1999; referred to the
Committee on Finance.]
A BILL to amend and reenact section five, article twenty-two,
chapter twenty-nine of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
the state lottery act; and prohibiting the disclosure of the
names of lottery winners.
Be it enacted by the Legislature of West Virginia:
That section five, article twenty-two, chapter twenty-nine
of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted to read as
follows:
ARTICLE 22. STATE LOTTERY ACT.
§29-22-5. State lottery commission; powers and duties;
cooperation of other agencies.
(a) The commission shall have the authority to:
(1) Promulgate rules in accordance with chapter
twenty-nine-a of this code: Provided, That those rules
promulgated by the commission that are necessary to begin the
lottery games selected shall be exempted from the provisions of
chapter twenty-nine-a of this code in order that the selected
games may commence as soon as possible;
(2) Establish rules for conducting lottery games, a manner
of selecting the winning tickets and manner of payment of prizes
to the holders of winning tickets: Provided, That the rules
promulgated by the commission shall provide that the names and
identities of winners of lottery games may not be published and
that this information is exempt from the provisions of article
one, chapter twenty-nine-b of this code, which is the freedom of
information act.
(3) Select the type and number of public gaming systems or
games, to be played in accordance with the provisions of this
article;
(4) Contract, if deemed desirable, with the educational
broadcasting authority to provide services through its microwave
interconnection system to make available to public broadcasting
stations servicing this state and, at no charge, for rebroadcast
to commercial broadcasting stations within this state, any public
gaming system or games drawing;
(5) Enter into interstate lottery agreements with other
states;
(6) Adopt an official seal;
(7) Maintain a principal office and, if necessary, regional
suboffices at locations properly designated or provided;
(8) Prescribe a schedule of fees and charges;
(9) Sue and be sued;
(10) Lease, rent, acquire, purchase, own, hold, construct,
equip, maintain, operate, sell, encumber and assign rights of any
property, real or personal, consistent with the objectives of the
commission as set forth in this article;
(11) Designate one of the deputy directors to serve as
acting director during the absence of the director;
(12) Hold hearings on any matter of concern to the
commission relating to the lottery, subpoena witnesses,
administer oaths, take testimony, require the production of
evidence and documentary evidence and designate hearing examiners
and employees to so act; and
(13) To make and enter into all agreements and do all acts
necessary or incidental to the performance of its duties and the
exercise of its powers under this article.
(b) Departments, boards, commissions or other agencies of
this state shall provide assistance to the state lottery office
upon the request of the director.
(c) Upon the request of the deputy director for the security
and licensing division in conjunction with the director, the
attorney general, department of public safety state police and
all other law-enforcement agencies shall furnish to the director
and the deputy director such information as may tend to assure
the security, honesty, fairness and integrity in the operation
and administration of the lottery as they may have in their
possession, including, but not limited to, manual or computerized
information and data. The director is to designate such
employees of the security and licensing division as may be
necessary to act as enforcement agents. Such The agents are
authorized to investigate complaints made to the commission or
the state lottery office concerning possible violation of the
provisions of this article and determine whether to recommend
criminal prosecution. If it is determined that action is
necessary, an agent, after approval of the director, is to make
such recommendation to the prosecuting attorney in the county
wherein the violation occurred or to any appropriate law- enforcement agency.
NOTE: The purpose of this bill is to prohibit the
disclosure of the names or identities of persons who are winners
of lotteries in this state. It also provides that this
information is exempt from the Freedom of Information Act.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language that would be added.