H. B. 4129
(By Mr. Speaker, Mr. Kiss (By Request))
[Introduced January 23, 2002; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section twelve, article twenty-two-a,
chapter twenty-nine of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to providing
clarification that security personnel present at video lottery
locations are empowered to enforce the law and make arrests.
Be it enacted by the Legislature of West Virginia:
That section twelve, article twenty-two-a, 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 22A. RACETRACK VIDEO LOTTERY.
§29-22A-12. Number and location of video lottery terminals
security.
(a) A racetrack which has been licensed to conduct video lottery games has the right to install and operate up to four
hundred video lottery terminals at a licensed racetrack. A
licensed racetrack may apply to the commission for authorization to
install and operate more than four hundred video lottery terminals.
If the commission determines that the installation of additional
machines is in the best interest of the licensed racetrack, the
lottery commission and the citizens of this state, the commission
may grant permission to install and operate additional machines.
(b) All video lottery terminals in licensed racetracks shall
be physically located as follows:
(1) The video lottery location shall be continuously monitored
through the use of a closed circuit television system capable of
recording activity for a continuous 24-hour period. All video
tapes shall be retained for a period of at least thirty days;
(2) Access to video lottery terminal locations shall be
restricted to persons legally entitled by age to play video lottery
games;
(3) The licensed racetrack shall submit for commission
approval a floor plan of the area or areas where video lottery
terminals are to be operated showing terminal locations and
security camera mount locations;
(4) No video lottery terminal may be relocated without prior
approval from the commission; and
(5) Operational video lottery terminals may only be located in
the building or structure in which the grandstand area of the
racetrack is located and in the area of the building or structure
where pari-mutuel wagering is permitted under the provisions of
article twenty-three, chapter nineteen of this code: Provided,
That if the commission, before the first day of November, one
thousand nine hundred ninety-three, has authorized any racetrack to
operate video lottery terminals and offer video lottery games in a
location which would not conform to the requirements of this
subdivision, the racetrack may continue to use video lottery
terminals registered with and approved by the commission at that
nonconforming location and to offer the games and any variations or
composites of the games as may be approved by the commission.
(c) A licensee shall allow video lottery games to be played
only on days when live racing is being conducted at the racetrack
and/or on televised racing days: Provided, That this restriction
shall not apply to any racetrack authorized by the commissioner
prior to the first day of November, one thousand nine hundred
ninety-three, to operate video lottery terminals and conduct video lottery games.
(d) Security personnel, fully empowered to enforce the law ,
maintain order and make arrests, shall be present during all hours
of operation at each video lottery terminal location. Each license
holder shall employ the number of security personnel the commission
determines is necessary to provide for safe and approved operation
of the video lottery facilities and the safety and well-being of
the players.
NOTE: The purpose of this bill is to
provide clarification
that security personnel present at video lottery locations are
empowered to enforce the law and make arrests.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.