A BILL to repeal §11-16-28 of the Code of West Virginia, 1931, as amended; to repeal §19-23-6 and §19-23-30 of said code; to repeal §29-5A-2 of said code; to repeal §29-22-26 of said code; to repeal §60-2-2, §60-2-3, §60-2-7, §60-2-9, §60-2-11, §60-2-12 and §60-2-13 of said code; to amend and reenact §5F-1-3a of said code; to amend and reenact §5F-2-1 of said code; to amend and reenact §6-7-2a of said code; to amend and reenact §11-9-2 and §11-9-2a of said code; to amend said code by adding thereto a new section, designated §11-9-2b; to amend and reenact §11-16-3, §11-16-4 and §11-16-27 of said code; to amend and reenact §11B-1-2 of said code; to amend and reenact §19-23-1, §19-23-2, §19-23-3, §19-23-4, §19-23-5, §19-23-11, §19-23-16, §19-23-17 and §19-23-28 of said code; to amend and reenact §29-5A-1, §29-5A-3, §29-5A-5, §29-5A-14 and §29-5A-24 of said code; to amend and reenact §29-22-1, §29-22-2, §29-22-3, §29-22-4, §29-22-5, §29-22-6, §29-22-7, §29-22-8, §29-22-13 and §29-22-19 of said code; to amend said code by adding thereto a new section, designated §29-22-8a; to amend and reenact §29-22A-3, §29-22A-7 and §29-22A-10 of said code; to amend and reenact §29-22B-306 and §29-22B-308 of said code; to amend said code by adding thereto a new section, designated §29-22B-335; to amend and reenact §29-22C-3 of said code; to amend and reenact §29-25-2 of said code; to amend said code by adding thereto two new sections, designated §47-20-1a and §47-20-1b; to amend and reenact §47-20-2 of said code; to amend said code by adding thereto two new sections, designated §47-21-1a and §47-21-1b; to amend and reenact §47-21-2 of said code; to amend said code by adding thereto two new sections, designated §47-23-1a and §47-23-1b; to amend and reenact §47-23-2 of said code; to amend and reenact §60-1-4 and §60-1-5 of said code; to amend and reenact §60-2-1 of said code; to amend and reenact §60-3A-9 of said code; and to amend said code by adding thereto a new section, designated §60-3A- 32, all relating to the transfer of authority over racing, boxing, charitable bingo, charitable raffle, charitable raffle boards, charitable games and lottery to the State Gaming and Alcohol Control Agency and State Gaming and Alcohol Control Commission within the Department of Revenue; establishing findings; renaming Lottery Commission as State Gaming and Alcohol Control Commission; establishing commission membership requirements; establishing that no member may have a vested interest in commission-regulated entities; abolishing the Racing Commission and the Athletic Commission and transferring their respective powers and duties to State Gaming and Alcohol Control Commission; transferring powers and duties of Tax Commissioner involving charitable bingo and raffles and charitable raffle boards and games to State Gaming and Alcohol Control Commission; transferring employees from the regulation of bingo, charitable raffle and charitable raffle boards and games to the State Gaming and Alcohol Control Agency; specifying effective dates; creating the position of the Director of the State Gaming and Alcohol Control Agency; providing for the salary of the director and review of the compensation of the director and the chair and members of the State Gaming and Alcohol Control Commission; providing that bingo, charitable raffle and charitable raffle boards and games fees be appropriated into a nonappropriated special account established in the State Treasury to pay salaries and other expenses of the State Gaming and Alcohol Control Agency and that excess fees be transferred to the General Revenue Fund; defining terms; providing the transfer of administration of the regulation of nonintoxicating beer to the State Gaming and Alcohol Control Commission from the Tax Commissioner; providing that the director appoint employees of the State Gaming and Alcohol Control Agency to regulate nonintoxicating beer; providing for a percentage of taxes imposed on nonintoxicating beer to be deposited for administrative expenses of the State Gaming and Alcohol Control Agency; providing that the Secretary of the Department of Revenue maintain his or her principal office at the seat of government and providing that offices and divisions of the department may maintain offices elsewhere; providing for the regulation of horse and dog racing by the State Gaming and Alcohol Control Commission; abolishing the Racing Commission; providing for an omnibus report to the Governor that includes the divisions of the State Gaming and Alcohol Control Agency; abolishing the position of Racing Secretary and other offices; providing that the director employ certain racing employees; providing for the transfer of employees from the Racing Commission; providing for the distribution of revenues from racing license taxes or pari-mutuel pools taxes; providing for a procedure for the suspension or revocation of a racing permit, including a hearing examiner; abolishing the State Athletic Commission; providing for the deposit of boxing, sparring and license promoter's license fees and providing for their use by the State Gaming and Alcohol Control Agency; providing that rules promulgated by the State Athletic Commission remain in full force and effect; establishing legislative purpose; providing for the continuation of judicial rulings; providing that the State Gaming and Alcohol Control Commission and the Director of the State Gaming and Alcohol Control Agency has jurisdiction over horse and dog racing, charitable bingo gaming, charitable raffle gaming, the sport of boxing and nonintoxicating beer and alcohol; providing that the State Gaming and Alcohol Control Commission may adopt emergency rules; providing that the Director of the State Lottery Office shall continue as the Director of the State Gaming and Alcohol Control Agency until a successor is appointed; creating divisions within the State Gaming and Alcohol Control Agency; providing that the director may authorize games; providing that certain law-enforcement agencies and the Attorney General shall provide information regarding lottery to the director; providing that the director may designate enforcement agents and authorizing agents to investigate complaints; providing for the removal of racing officials; providing for capital improvements at racetracks; establishing that the director, with approval, may sell certain parcels of real estate; providing that the Commissioner of Motor Vehicles shall issue Class A license plates to the State Gaming and Alcohol Control Agency; establishing the State Gaming and Alcohol Control Agency - Administrative Account; prohibiting employees of the State Gaming and Alcohol Control Agency from certain actions; providing for an audit of accounts and transactions of the State Gaming and Alcohol Control Agency; removing the requirement that racetracks applying for a video lottery license or license renewal have certain agreements with certain representatives; providing that the rules promulgated by the Tax Commissioner and licenses and permits issued shall remain in effect; providing that an applicant for a retail license for the sale of liquor is entitled to a hearing before the State Gaming and Alcohol Control Commissioner or a hearing examiner designated by the commission; providing that license fees shall be deposited in nonappropriated special account to pay for salaries and other expenses; abolishing limit of investigators for criminal investigation division of the State Tax Division; and providing that investigators for the criminal investigation division of the State Tax Division have all the lawful powers delegated to the West Virginia State Police.Be it enacted by the Legislature of West Virginia:
§5F-2-1. Transfer and incorporation of agencies and boards; funds.
§6-7-2a. Terms of certain appointive state officers; appointment; qualifications; powers and salaries of such officers.
§11-9-2b. Transfer of the Tax Commissioner's duties with respect to charitable bingo, charitable raffle and the wholesale tax on charitable raffle boards and games to the State Gaming and Alcohol Control Agency; fees to support State Gaming and Alcohol Control Agency.
§11-16-4. Responsibility of State Gaming and Alcohol Control Commission; administrators, employees and agents; administration and enforcement expenses.
§11-16-27. Revenue collected and paid to State Treasurer; expense of administration.
§11B-1-2. Location of offices; agencies, boards, commissions, divisions and offices comprising the department of finance and revenue.
§19-23-1. License required for horse and dog racing and pari- mutual wagering in connection therewith; exception.
§19-23-2. Permits required for horse and dog racetrack positions; residency requirements for employees of licensees.
§19-23-4. West Virginia Racing Commission abolished; functions transferred to the State Gaming and Alcohol Control Commission; annual report; transfer of funds.
§19-23-5. Racing secretary and other personnel offices abolished July 1, 2009; administrative functions and personnel placed under the supervision of the Director of the State Gaming and Alcohol Control Agency.
§19-23-11. Revenues from horse racing and dog racing to be paid into a special account to fund commission expenses.
§19-23-16. Entry of order suspending or revoking license or permit; service of order; contents; hearing; decision to be in writing.
§19-23-17. Judicial review; appeal to Supreme Court of Appeals; legal representation for Racing Commission.
§19-23-28. Effect of article on existing rules, licenses and permits.
§29-5A-3. Commission to have sole control of boxing, etc., matches; licenses; municipality not to tax boxing, sparring or exhibition clubs.
§29-5A-24. Rules
§29-22-4. State Gaming and Alcohol Control Commission created; composition; qualifications; appointment; terms of office; chairman's removal; vacancies; compensation and expenses; quorum, oath and bond.
Control Commission; emergency rules.
§29-22-7. Divisions of the State Gaming and Alcohol Control Agency.
§29-22-8a. Special account for administration of the State Gaming and Alcohol Control Agency.
§29-22-13. Prohibited acts; conflict of interest; prohibited gifts and gratuities.
§29-22A-7. License and permit qualifications; individual qualifications; applicant required to furnish information; waiver of liability; oath or affirmation; duty to provide accurate and material information.
§29-22A-10. Accounting and reporting; commission to provide communications protocol data; distribution of net terminal income; remittance through electronic transfer of funds; establishment of accounts and nonpayment penalties; commission control of accounting for net terminal income; settlement of accounts; manual reporting and payment may be required; request for reports; examination of accounts and records.
§47-20-1a. Powers and duties transferred to State Gaming and Alcohol Control Commission.
§47-21-1a. Powers and duties transferred to State Gaming and Alcohol Control Commission.
§47-23-1a. Powers and duties transferred to State Gaming and Alcohol Control Commission.
§60-1-4. Sales to be made by or through the State Gaming and Alcohol Control Agency.
§60-2-1. Office created; powers and functions generally; office of liquor control commissioner abolished and powers transferred.
§60-3A-9. Investigation of applicants for retail license; notification to applicants approving or denying application; general provisions relating to licensing.
NOTE: The purpose of this bill is to consolidate and combine all
gambling related functions, the State Athletic Commission, and the
Alcohol Beverages Control Administration within the Department of
Revenue. Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added. §19-23-3 has been reorganized, and strike-throughs indicate language that would be stricken from present law, and underscoring indicates new language that would be added. §11-9-2b, §29-22-8a, §29-22B-335, §47-20-1a, §47-20-1b, §47-21-1a, §47-21-1b, §47-23-1a, §47-23-1b and §60-3a-32 are new, therefore, strike-throughs and underscoring have been omitted. |