H. B. 4281


(By Delegate Webb)

[Introduced January 29, 2002; referred to the

Committee on the Judiciary then Finance.]





A BILL to amend and reenact section one thousand one hundred one, article twenty-two-b, chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to limiting the number of video lottery terminals.

Be it enacted by the Legislature of West Virginia:
That section one thousand one hundred one, article twenty-two-b, 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 22B. LIMITED VIDEO LOTTERY.
PART 11. ALLOCATION AND DISTRIBUTION

OF VIDEO LOTTERY TERMINALS.

§29-22B-1101. Limitation on number and location of video lottery terminals.

(a) The lottery commission may not authorize the placement of more than nine thousand video lottery terminals in restricted access adult-only facilities in this state: Provided, That after the effective date of this amendment to this section, if nine thousand video lottery terminals have not yet been authorized by the lottery commission, then the lottery commission may not authorize the placement of more than the number of video lottery terminals that have been approved by the thirty-first day of December, two thousand one.
(b) No person may directly or indirectly operate more than seven and one-half percent of the number of video lottery terminals authorized in this section, which shall be located only in restricted access adult-only facilities.
(c) No licensed limited video lottery retailer may be authorized to have on the premises for which the license was issued more than five video lottery terminals except that a fraternal society or veteran's organization that is: (A) A fraternal beneficiary society that is exempt from federal income tax under section 501(c)(8) of the Internal Revenue Code of 1986, as amended; (B) a domestic fraternal society that is exempt from federal income tax under section 501(c)(10); or (C) a veterans' organization that is exempt from federal income tax under section 501(c)(19) of the Internal Revenue Code may be authorized to have on the premises for which the license was issued not more than ten video lottery terminals.
 NOTE: The purpose of this bill is to limit the number of video lottery terminals that the lottery commission may authorize to less than 9000, by using the number of terminals authorized by December 31, 2001, as the maximum of video terminals permitted in the state.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.