H. B. 4741


(By Delegates Michael, Doyle, G. White,

Stalnaker and H. White)


(Originating in the Committee on Finance)


[February 27, 2004]


A BILL to amend and reenact §29-22B-1101 of the code of West Virginia, 1931, as amended, relating generally to number and location of limited video lottery terminals; limiting number of video lottery terminals that certain fraternal societies and veterans' organizations may be authorized to have on the premises for which the license was issued; and permitting the relocation of video lottery terminals by certain fraternal societies and veterans' organizations under certain circumstances.

Be it enacted by the Legislature of West Virginia:
That §29-22B-1101 of the code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 22B. LIMITED VIDEO LOTTERY.
§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.
(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: Provided, That after the thirty-first day of March, two thousand four, a fraternal beneficiary society, domestic fraternal society or veterans' organization described in this subsection shall not have on the premises for which the license was issued more than five video lottery terminals unless the society or organization applying for the license or for renewal thereof was authorized on the first day of March, two thousand four, to have not more than ten video lottery terminals at the location for which the license in effect on the first day of March, two thousand four, was issued. The license of a fraternal beneficiary society, domestic fraternal society or veterans' organization described in this subsection allowing the holder to have on the premise for which the license was issued not more than ten video lottery terminals may be transferred to a different location operated by the society or organization provided the location satisfies all other requirements of this article and any rules promulgated by the lottery commission to have video lottery terminals at that location.