H. B. 4383
(By Delegates Ellem, Howard, Border,
Anderson, Beane, Caruth and Frederick)
[Introduced February 10, 2004
; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact §29-22B-1902, of the code of West
Virginia, 1931, as amended, relating to authorizing counties
to, by ordinance, regulate the location of video poker
establishments.
Be it enacted by the Legislature of West Virginia:
That §29-22B-1902
of the code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 22B. LIMITED VIDEO LOTTERY.
§29-22B-1902. Preemption of state laws or local regulation.
(a) No state or local law or regulation providing any penalty,
disability, restriction, regulation or prohibition for the
manufacture, transportation, storage, distribution, advertising,
possession or sale of any lottery video lottery terminal, games or
materials or for the operation of any lottery shall apply to
operations by the lottery commission or persons licensed pursuant to this article or operations or activities that are authorized in
this article: Provided, That a county may, by ordinance, regulate
the location of video poker establishments within that county.
(b) The provisions of this article preempt all regulations,
rules, ordinances and laws of any county or municipality in
conflict herewith, except for those county ordinances authorized by
subsection (a) of this section: Provided, however, That nothing
herein shall invalidate any zoning law, or Sunday closing law under
article 61-10-1, et seq, of this code.
(c) Nothing in this article shall be deemed to permit the
operation of any lottery otherwise prohibited by the laws of this
state, not owned and operated by this state and permitted by this
article.
NOTE: The purpose of this bill is to
authorize counties to,
by ordinance, regulate the location of video poker establishments.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.