H. B. 4651
(By Delegates White and Kominar)
[Introduced February 18, 2008; referred to the
Committee on Government Organization.]
A BILL to repeal §19-23-30 and of the code of West Virginia, one
thousand nine hundred thirty-one, as amended; to repeal §29-
5A-2 of said code; to repeal §29-22-26 of said code; to amend
and reenact §5F-2-1 of said code; to amend and reenact §11-9-
2A of said code; to amend and reenact §19-23-1, §19-23-2,
§19-23-3, §19-23-4, §19-23-5, §19-23-10, §19-23-11, §19-23-
13, §19-23-13b, §19-23-16 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, §29-22-19 and §29-22-28 of said code; to amend and
reenact §29-22B-306 and §29-22B-308 of said code; to amend
and reenact §29-22C-3 of said code; and to amend and reenact
§29-25-2 of said code; and to amend said code by adding
thereto a new section, designated §11-9-2b; and to amend said
code by adding thereto a new section §29-22-8a, and to amend
said code by adding thereto a new section, designated §29-22A-3a, and to amend said code by adding thereto a new
section, designated §29-22B-335, and to amend said code by
adding thereto a new section, designated §29-25-2a; and to
amend said code by adding thereto two new sections,
designated §47-20-1a and §47-20-1b; and to amend said code by
adding thereto two new sections, designated §47-21-1a and
§47-21-1b; and to amend said code by adding thereto two new
sections, designated §47-23-1a and §47-23-1b, all relating to
gaming, animal racing and boxing, including horse and dog
racing, pari-mutuel wagering, boxing, lottery, racetrack
video lottery, racetrack table games, limited video lottery,
authorized gaming facility, charitable bingo, charitable
raffles and charitable raffle boards and games; renaming
lottery commission as State Gaming Commission; abolishing the
racing commission and the athletic commission and
transferring their respective powers and duties to State
Gaming Commission; transferring powers and duties of tax
commissioner involving charitable bingo and raffles and
charitable raffle boards and games to State Gaming
Commission; making substantive changes necessary to
effectuate changes; and specifying effective dates.
Be it enacted by the Legislature of West Virginia:
That §19-23-30 of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, be repealed; that §29-5A-2 of said
code be repealed; that §29-22-26 of said code be repealed; that
§5F-2-1 of said code be amended and reenacted; that §11-9-2a of said code be amended and reenacted; that §19-23-1, §19-23-2, §19-
23-3, §19-23-4, §19-23-5, §19-23-10, §19-23-11, §19-23-13, §19-23-
13b, §19-23-16 and §19-23-28 of said code be amended and reenacted;
that §29-5A-1, §29-5A-3, §29-5A-5, §29-5A-14 and §29-5A-24 of said
code be amended and reenacted; that §29-22-1, §29-22-2, §29-22-3,
§29-22-4, §29-22-5, §29-22-6, §29-22-7, §29-22-8, §29-22-19 and
§29-22-28 of said code be amended and reenacted; that §29-22B-306
and §29-22B-308 of said code be amended and reenacted; that §29-
22C-3 of said code be amended and reenacted; that §29-25-2 of said
code be amended and reenacted; and that said code be amended by
adding thereto a new section, designated §11-9-2a; and that said
code be amended by adding thereto a new section, designated §29-22-
8a; and that said code be amended by adding thereto a new section,
designated §29-22A-3a; and that said code be amended by adding
thereto a new section, designated §29-22B-335, and that said code
be amended by adding thereto a new section, designated §29-25-2a;
and that said code be amended by adding thereto two new sections,
designated §47-20-1a and §47-20-1b; and that said code be amended
by adding thereto two new sections, designated §47-21-1a and §47-
21-1b; and that said code be amended by adding thereto two new
sections, designated §47-23-1a and §47-23-1b, all to read as
follows:
CHAPTER 5F. REORGANIZATION OF THE EXECUTIVE
BRANCH OF STATE GOVERNMENT.
§ 5F-2-1. Transfer and incorporation of agencies and boards; funds.
(a) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any agency or board, are incorporated in and
administered as a part of the Department of
Administration:
(1) Building Commission provided in article six, chapter five
of this code;
(2) Public Employees Insurance Agency and Public Employees
Insurance Agency Advisory Board provided in article sixteen,
chapter five of this code;
(3) Governor's Mansion Advisory Committee provided for in
article five, chapter five-a of this code;
(4) Commission on Uniform State Laws provided in article one-a,
chapter twenty-nine of this code;
(5) West Virginia Public Employees Grievance Board provided
for in article three, chapter six-c of this code;
(6) Board of Risk and Insurance Management provided for in
article twelve, chapter twenty-nine of this code;
(7) Boundary Commission provided in article twenty-three,
chapter twenty-nine of this code;
(8) Public Defender Services provided in article twenty-one,
chapter twenty-nine of this code;
(9) Division of Personnel provided in article six, chapter
twenty-nine of this code;
(10) The West Virginia Ethics Commission provided in article
two, chapter six-b of this code;
(11) Consolidated Public Retirement Board provided in article
ten-d, chapter five of this code; and
(12) Real Estate Division provided in article ten, chapter
five-a of this code.
(b) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any agency or board, are incorporated in and
administered as a part of the D
e
partment of Commerce:
(1) Division of Labor provided in article one, chapter twenty-
one of this code, which includes:
(A) Occupational Safety and Health Review Commission provided
in article three-a, chapter twenty-one of this code; and
(B) Board of Manufactured Housing Construction and Safety
provided in article nine, chapter twenty-one of this code;
(2) Office of Miners' Health, Safety and Training provided in
article one, chapter twenty-two-a of this code. The following
boards are transferred to the Office of Miners' Health, Safety and
Training for puposes of administrative support and liaison with the
Office of the Governor:
(A) Board of Coal Mine Health and Safety and Coal Mine Safety
and Technical Review Committee provided in article six, chapter
twenty-two-a of this code;
(B) Board of Miner Training, Education and Certification
provided in article seven, chapter twenty-two-a of this code; and
(C) Mine Inspectors' Examining Board provided in article nine,
chapter twenty-two-a of this code;
(3) The West Virginia Development Office, which includes the
Division of Tourism and the Tourism Commission provided in article
two, chapter five-b of this code;
(4) Division of Natural Resources and Natural Resources
Commission provided in a
r
ticle one, chapter twenty of this code;
(5) Division of Forestry provided in article one-a, chapter
nineteen of this code;
(6) Geological and Economic Survey provided in article two,
chapter twenty-nine of this code; and
(7) Workforce West Virginia provided in chapter twenty-one-a
of this code, which includes:
(A) Division of Unemployment Compensation;
(B) Division of Employment Service;
(C) Division of Workforce Development; and
(D) Division of Research, Information and Analysis; and
(8) Division of Energy provided in article two-f, chapter
five-b of this code.
(c) The Economic Development Authority provided in article
fifteen, chapter thirty-one of this code is continued as an
independent agency within the executive branch.
(d) The Water Development Authority and Board provided in
article one, chapter twenty-two-c of this code is continued as an
independent agency within the executive branch.
(e) The following agencies and boards, including all of the
allied, advisory and affiliated entities, are transferred to the
Department of Environmental Protection for purposes of administrative support and liaison with the Office of the Governor:
(1) Air Quality Board provided in article two, chapter twenty-
two-b of this code;
(2) Solid Waste Management Board provided in article three,
chapter twenty-two-c of this code;
(3) Environmental Quality Board, or its successor board,
provided in article three, chapter twenty-two-b of this code;
(4) Surface Mine Board provided in article four, chapter
twenty-two-b of this code;
(5) Oil and Gas Inspectors' Examining Board provided in
article seven, chapter twenty-two-c of this code;
(6) Shallow Gas Well Review Board provided in article eight,
§
chapter twenty-two-c of this code; and
(7) Oil and Gas Conservation Commission provided in article
nine, chapter twenty-two-c of this code.
(f) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any agency or board, are incorporated in and
administered as a part of the Depar
t
ment of Education and the Arts:
(1) Library Commission provided in article one, chapter ten of
this code;
(2) Educational Broadcasting Authority provided in article
five, chapter ten of this code;
(3) Division of Culture and History provided in article one,
chapter twenty-nine of this code;
(4) Division of Rehabilitation Services provided in section two, article ten-a, chapter eighteen of this code.
(g) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any agency or board, are incorporated in and
administered as a part of the D
e
partment of Health and Human
Resources:
(1) Human Rights Commission provided in article eleven,
chapter five of this code;
(2) Division of Human Services provided in article two,
chapter nine of this code;
(3) Bureau for Public Health provided in article one, chapter
sixteen of this code;
(4) Office of Emergency Medical Services and Advisory Council
provided in article four-c, chapter sixteen of this code;
(5) Health Care Authority provided in article twenty-nine-b,
chapter sixteen of this code;
(6) Commission on Mental Retardation provided in article
fifteen, chapter twenty-nine of this code;
(7) Women's Commission provided in article twenty, chapter
twenty-nine of this code; and
(8) The Child Support Enforcement Division provided in chapter
forty-eight of this code.
(h) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any agency or board, are incorporated in and
administered as a part of the Department of Military A
f
fairs and Public Safety:
(1) Adjutant General's Department provided in article one-a,
chapter fifteen of this code;
(2) Armory Board provided in article six, chapter fifteen of
this code;
(3) Military Awards Board provided in article one-g, chapter
fifteen of this code;
(4) West Virginia State Police provided in article two,
chapter fi
f
teen of this code;
(5) Division of Homeland Security and Emergency Management and
Disaster Recovery Board provided in article five, chapter fifteen
of this code and Emergency Response Commission provided in article
five-a of said chapter;
(6) Sheriffs' Bureau provided in article eight, chapter
fifteen of this code;
(7) Division of Corrections provided in chapter twenty-five of
this code;
(8) Fire Commission provided in article three, chapter twenty-
nine of this code;
(9) Regional Jail and Correctional Facility Authority provided
in article twenty, chapter thirty-one of this code;
(10) Board of Probation and Parole provided in article twelve,
chapter sixty-two of this code; and
(11) Division of Veterans' Affairs and Veterans' Council
provided in article one, chapter ninea of this code.
(i) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds
associated with any agency or board, are incorporated in and
administered as a part of the Department of Revenue:
(1) Tax Division provided in article one, chapter eleven of
this code;
(2) Racing Commission provided in article twenty-three,
chapter nineteen of this code Gaming Commission and the position of
Director of the Gaming Agency provided in article twenty-two,
chapter twenty-nine of this code;
(3) Lottery Commission and position of Lottery Director
provided in article twenty-two, chapter twenty-nine of this code;
(4) (3) Agency of Insurance Commissioner provided in article
two, chapter thirty-three of this code;
(5) (4) Office of Alcohol Beverage Control Commissioner
provided in article sixteen, chapter eleven of this code and
article two, chapter sixty of this code;
(6) (5) Board of Banking and Financial Institutions provided
in article three, chapter thirty-one-a of this code;
(7) (6) Lending and Credit Rate Board provided in chapter
forty-seven-a of this code;
(8) (7) Division of Banking provided in article two, chapter
thirty-one-a of this code;
(9) (8) The State Budget Office provided in article two of
this chapter;
(10) (9) The Municipal Bond Commission provided in article
three, chapter thirteen of this code; and
(11) (10) The Office of Tax Appeals provided in article ten-a,
chapter eleven of this code; and
(12) The State Athletic Commission provided in article five-a,
chapter twenty-nine of this code.
(j) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any agency or board, are incorporated in and
administered as a part of the Department of Transportation:
(1) Division of Highways provided in article two-a, chapter
seventeen of this code;
(2) Parkways, Economic Development and Tourism Authority
provided in article sixteen-a, chapter seventeen of this code;
(3) Division of Motor Vehicles provided in article two,
chapter seventeen-a of this code;
(4) Driver's Licensing Advisory Board provided in article two,
chapter seventeen-b of this code;
(5) Aeronautics Commission provided in article two-a, chapter
twenty-nine of this code;
(6) State Rail Authority provided in article eighteen, chapter
twenty-nine of this code; and
(7) Port Authority provided in article sixteen-b, chapter
seventeen of this code.
(k) Except for powers, authority and duties that have been
delegated to the secretaries of the departments by the provisions
of section two of this article, the position of administrator and
the powers, authority and duties of each administrator and agency are not affected by the enactment of this chapter.
(l) Except for powers, authority and duties that have been
delegated to the secretaries of the departments by the provisions
of section two of this article, the existence, powers, authority
and duties of boards and the membership, terms and qualifications
of members of the boards are not affected by the enactment of this
chapter. All boards that are appellate bodies or are independent
decisionmakers shall not have their appellate or independent
decision-making status affected by the enactment of this chapter.
(m) Any department previously transferred to and incorporated
in a department by prior enactment of this section means a division
of the appropriate department. Wherever reference is made to any
department transferred to and incorporated in a department created
in section two, article one of this chapter, the reference means a
division of the appropriate department and any reference to a
division of a department so transferred and incorporated means a
section of the appropriate division of the department.
(n) When an agency, board or commission is transferred under
a bureau or agency other than a department headed by a secretary
pursuant to this section, that transfer is solely for purposes of
administrative support and liaison with the office of the Governor,
a department secretary or a bureau. Nothing in this section extends
the powers of department secretaries under section two of this
article to any person other than a department secretary and nothing
limits or abridges the statutory powers and duties of statutory
commissioners or officers pursuant to this code.
CHAPTER 11. TAXATION.
ARTICLE 9. CRIMES AND PENALTIES.
§11-9-2a. Criminal investigation division established; funding of
same.
(a)
Criminal investigation division. -- A criminal
investigation division consisting of no more than twelve
investigators, of which one investigator shall serve as division
director, plus necessary support staff, all of whom are exempt from
the classified service, is hereby established in the state tax
division for the purpose of assuring compliance with laws and rules
pertaining to the taxes, fees or credits administered under article
ten of this chapter,
including, but not limited to, the provisions
of articles twenty, twenty-one and twenty-three, chapter forty-
seven of this code, but not including except for income taxes
,
imposed on individuals by article twenty-one of this chapter.
(b)
Special audits division. -- A special audits division
consisting of no more than eight tax examiners, plus necessary
support staff, all of whom are covered by the classified service,
is hereby established in the auditing section of the state tax
division for purposes of assuring compliance with laws and rules
pertaining to taxes, fees or credits administered under article ten
of this chapter,
including, but not limited to, the provisions of
articles twenty, twenty-one and twenty-three, chapter forty-seven
of this code, but not including except for income taxes imposed on
individuals by article twenty-one of this chapter.
(c) The Legislature hereby finds that the enforcement of the
laws and rules pertaining to the taxes, fees or credits
administered under article ten of this chapter, as are applicable
to persons whose residence or principal place of business is
outside of the state of West Virginia, requires greater efforts and
investigation than required for resident persons subject thereto,
and does further find that there is a greater rate of noncompliance
with said laws and rules by nonresident persons. Therefore, the
criminal investigation division and the special audits division
created in subsections (a) and (b) of this section are hereby
directed to expend a significant amount of their efforts to ensure
compliance with the laws and rules pertaining to taxes, fees or
credits administered under article ten of this chapter in
accordance with the authority provided in this section, by persons
whose residence or principal place of business is located outside
the state of West Virginia.
(d) Deposits of certain fees. -- Charitable bingo fees imposed
by article twenty, chapter forty-seven of this code; charitable
raffle fees imposed by article twenty-one of said chapter; and
charitable raffle boards and games fees imposed by article twenty-
three of said chapter in an amount not to exceed the amount
appropriated by the Legislature in any fiscal year shall be
deposited in a special revenue account established in the office of
the treasurer. The special revenue account shall be used to support
compliance expenditures relating to the establishment, operation,
maintenance and support of the criminal investigation division established in subsection (a) of this section and the special
audits division established in subsection (b) of this section. The
expenditures may include, but shall not be limited to, employee
compensation, equipment, office supplies and travel expenses. On
the last day of each fiscal year, unencumbered funds in the special
revenue account in excess of one hundred fifty thousand dollars
shall be transferred to the general revenue fund.
(e) (d)Investigators. -- Investigators employed in the
criminal investigation division shall have a background in
accounting or law enforcement or related fields pursuant to article
twenty-nine, chapter thirty of this code, or its equivalent. Any
investigator designated by the tax commissioner shall have all the
lawful powers delegated to members of the division of public safety
except the power to carry firearms and shall have the authority to
enforce the provisions of this article and the criminal provisions
of any other article of this code to which this article applies, in
any county or municipality of this state. The tax commissioner
shall establish additional standards as he or she considers
applicable or necessary. Any employee shall, before entering upon
the discharge of his or her duties, execute a bond with security in
the sum of three thousand five hundred dollars, payable to the
state of West Virginia, conditioned for the faithful performance of
the employee's duties and the bond shall be approved as to form by
the attorney general and shall be filed with the secretary of state
for preservation in that office. The division of public safety, any
county sheriff or deputy sheriff and any municipal police officer upon request by the tax commissioner is hereby authorized to assist
the tax commissioner in enforcing the provisions of this article
and any criminal penalty provision of any article of this code to
which this article applies.
(f) (e) Class A license plates. -- Notwithstanding the
provisions of article three, chapter seventeen-a of this code, upon
application by the tax commissioner and payment of fees, the
commissioner of motor vehicles shall issue a maximum of twenty
Class A license plates to be used on state owned or leased vehicles
assigned to investigators employed in the criminal investigation
division.
(g) (f)Reports. -- On the first day of July of each year,
beginning in the year one thousand nine hundred ninety-four, the
tax commissioner shall present a written report to the joint
committee on government operations on the division's compliance
with the provisions of this section, including, but not limited to,
activities of the divisions created by this section and
disbursement of funding.
§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 Agency; fees to support State
Gaming Agency.
(a) After the thirtieth day of June, two thousand eight, the
tax commissioner's regulation of charitable bingo games and charitable raffle games, and the administration of the wholesale
fee on charitable raffle boards and games, are transferred to the
State Gaming Commission and the Director of the State Gaming Agency
as created by sections four and six, article twenty-two, chapter
twenty-nine.
(b) After the thirtieth day of June, two thousand eight,
persons employed by the tax commissioner under this article who are
engaged in the regulation of charitable bingo games and charitable
raffle games, and the administration of the wholesale fee on
charitable raffleboards and games, are transferred to the State
Gaming Agency as created and continued by section six, article
twenty-two, chapter twenty-nine.
(c) Charitable bingo fees imposed by article twenty, chapter
forty-seven of this code; charitable raffle fees imposed by article
twenty-one of said chapter; and charitable raffle boards and games
fees imposed by article twenty-three of said chapter shall be
deposited in the nonappropriated special account established in the
state treasury by section eight-a, article twenty-two, chapter
twenty-nine of this code. The fees deposited in the nonappropriated
special account shall be used by the State Gaming Agency for
expenditures relating to the regulation of charitable bingo gaming,
charitable raffle games and the administration of the wholesale tax
on charitable raffle boards and games. The expenditures may
include, but shall not be limited to, employee compensation,
equipment, computer software, office supplies and travel expenses.
On the last day of each fiscal year, unencumbered and undesignated funds from deposits of charitable bingo fees imposed by article
twenty, chapter forty-seven of this code; charitable raffle fees
imposed by article twenty-one of said chapter; and charitable
raffle boards and games fees imposed by article twenty-three of
said chapter that remain in the nonappropriated special account in
excess of two hundred fifty thousand dollars shall be transferred
to the general revenue fund.
CHAPTER 19. AGRICULTURE.
ARTICLE 23. HORSE AND DOG RACING.
§19-23-1. License required for horse and dog racing and pari-
mutuel wagering in connection therewith; exception.
(a) No association shall hold or conduct any horse or dog race
meeting at which horse or dog racing is permitted for any purse
unless such association possesses a license therefor from the
West
Virginia racing State Gaming Commission and complies with the
provisions of this article and all reasonable rules and regulations
of such
racing commission.
(b) Notwithstanding the provisions of subsection (a) of this
section, the provisions of this article shall not be construed to
prevent in any way the use without a license of any grounds,
enclosure or racetrack owned and controlled by any association for
any local, county or state fair, horse show or agriculture or
livestock exposition, even though horse or dog racing be there
conducted, if the pari-mutuel system of wagering upon the results
of such horse or dog racing is neither permitted nor conducted with the knowledge or acquiescence of the association conducting such
horse or dog racing.
§19-23-2. Permits required for horse and dog racetrack positions;
residency requirements for employees of licensees.
(a) No person not required to be licensed under the provisions
of section one of this article shall participate in or have
anything to do with horse or dog racing for a purse or a horse or
dog race meeting at any licensee's horse or dog racetrack, place or
enclosure, where the pari-mutuel system of wagering upon the
results of such horse or dog racing is permitted or conducted, as
a horse owner, dog owner, jockey, apprentice jockey, exercise boy,
kennel keeper, trainer, groom, plater, stable foreman, valet,
veterinarian, agent, clerk of the scales, starter, assistant
starter, timer, judge or pari-mutuel employee, or in any other
capacity specified in reasonable rules and regulations of the
racing commission unless such person possesses a permit therefor
from the
West Virginia racing commission and complies with the
provisions of this article and all reasonable rules
and regulations
of
such racing the commission.
(b) At least eighty percent of the individuals employed by a
licensee at any horse or dog race meeting must be citizens and
residents of this state and must have been such citizens and
residents for at least one year. For the purpose of this
subsection, citizens and residents of this state shall be construed
to mean individuals who maintain a permanent place of residence in
this state, and have been bona fide residents and citizens of this state for a period of one year immediately prior to the filing of
their applications for employment. The provisions of this
subsection shall not apply to individuals engaged in the
construction of a horse or dog racetrack or in the equipping of
same, nor to racing officials designated by the
racing commission
or racing officials designated by the executive officials of a
licensee.
§19-23-3. Definitions.
Unless the context in which used clearly requires a different
meaning, as used in this article:
(1) "Horse racing" means any type of horse racing, including,
but not limited to, thoroughbred racing and harness racing;
(2) "Thoroughbred racing" means flat or running type horse
racing in which each horse participating therein is a thoroughbred
and is mounted by a jockey;
(3) "Harness racing" means horse racing in which the horses
participating therein are harnessed to a sulky, carriage or other
vehicle and shall not include any form of horse racing in which the
horses are mounted by jockeys;
(4) "Horse race meeting" means the whole period of time for
which a license is required by the provisions of section one of
this article;
(5) "Dog racing" means any type of dog racing, including, but
not limited to, greyhound racing;
(6) "Purse" means any purse, stake or award for which a horse
or dog race is run;
(7) "Racing association" or "person" means any individual,
partnership, firm, association, corporation or other entity or
organization of whatever character or description;
(8) "Applicant" means any racing association making
application for a license under the provisions of this article or
any person making application for a permit under the provisions of
this article, or any person making application for a construction
permit under the provisions of this article, as the case may be;
(9) "License" means the license required by the provisions of
section one of this article;
(10) "Permit" means the permit required by the provisions of
section two of this article;
(11) "Construction permit" means the construction permit
required by the provisions of section eighteen of this article;
(12) "Licensee" means any racing association holding a license
required by the provisions of section one of this article and
issued under the provisions of this article;
(13) "Permit holder" means any person holding a permit
required by the provisions of section two of this article and
issued under the provisions of this article;
(14) "Construction permit holder" means any person holding a
construction permit required by the provisions of section eighteen
of this article and issued under the provisions of this article;
(15) "Hold or conduct" includes "assist, aid or abet in
holding or conducting";
(16) "Racing commission," "gaming commission," or "commission" means the
West Virginia Racing State Gaming Commission
established
in section four, article twenty-two, chapter twenty-nine of this
code;
(17) "Stewards" means the steward or stewards representing the
racing commission, the steward or stewards representing a licensee
and any other steward or stewards, whose duty it is to supervise
any horse or dog race meeting, all as may be provided by reasonable
rules of the
racing commission, and the reasonable rules shall
specify the number of stewards to be appointed, the method and
manner of their appointment and their powers, authority and duties;
(18) "Pari-mutuel" means a mutuel or collective pool that can
be divided among those who have contributed their wagers to one
central agency, the odds to be reckoned in accordance to the
collective amounts wagered upon each contestant running in a horse
or dog race upon which the pool is made, but the total to be
divided among the first three contestants on the basis of the
number of wagers on these;
(19) "Pari-mutuel clerk" means any employee of a licensed
racing association who is responsible for the collection of wagers,
the distribution of moneys for winning pari-mutuel tickets,
verification of the validity of pari-mutuel tickets and accounting
for pari-mutuel funds;
(20) "Pool" means a combination of interests in a joint
wagering enterprise or a stake in such enterprise;
(21) "Legitimate breakage" is the percentage left over in the
division of a pool;
(22) "To the dime" means that wagers shall be figured and paid
to the dime;
(23) "Code" means the Code of West Virginia, one thousand nine
hundred thirty-one, as heretofore and hereinafter amended;
(24) "Accredited thoroughbred horse" means a thoroughbred
horse that is: (a) Foaled in West Virginia; (b) sired by an
accredited West Virginia sire; or (c) as a yearling, finished
twelve consecutive months of verifiable residence in the state,
except for thirty days' grace: (A) For the horse to be shipped to
and from horse sales where the horse is officially entered in the
sales catalogue of a recognized thoroughbred sales company; or (B)
for obtaining veterinary services, documented by veterinary
reports;
(25) "Accredited West Virginia sire" is a sire that is
permanently domiciled in West Virginia, stands a full season in
West Virginia and is registered with West Virginia Thoroughbred
Breeders Association;
(26) "Breeder of an accredited West Virginia horse" is the
owner of the foal at the time it was born in West Virginia;
(27) "Raiser of an accredited West Virginia horse" is the
owner of the yearling at the time it finished twelve consecutive
months of verifiable residence in the state. During the period, the
raiser will be granted one month of grace for his or her horse to
be shipped to and from thoroughbred sales where the horse is
officially entered in the sales catalogue of a recognized
thoroughbred sales company. In the event the yearling was born in another state and transported to this state, this definition does
not apply after the thirty-first day of December, two thousand
seven, to any pari-mutuel racing facility located in Jefferson
County; nor shall it apply after the thirty-first day of December,
two thousand twelve, and thereafter to any pari-mutuel racing
facility located in Hancock County. Prior to the horse being
shipped out of the state for sales, the raiser must notify the
racing commission of his or her intentions;
(28) The "owner of an accredited West Virginia sire" is the
owner of record at the time the offspring is conceived;
(29) The "owner of an accredited West Virginia horse" means
the owner at the time the horse earned designated purses to qualify
for restricted purse supplements provided in section thirteen-b of
this article;
(30) "Registered greyhound owner" means an owner of a
greyhound that is registered with the National Greyhound
Association;
(31) "Fund" means the West Virginia Thoroughbred Development
Fund established in section thirteen-b of this article; and
(32) "Regular purse" means both regular purses and stakes purses.
§19-23-4. West Virginia racing commission abolished; functions
transferred to the State Gaming Commission; annual
report.
(a) The "West Virginia racing commission," is continued in
existence as a public corporation and, as such, may contract and be contracted with, plead and be impleaded, sue and be sued and have
and use a common seal is hereby abolished effective the first day
of July, two thousand eight. Powers and duties of the racing
commission shall on and after that date be exercised by the State
Gaming Commission and the Director of the State Gaming Agency
created by sections four and six, article twenty-two, chapter
twenty-nine of this code.
(b) The racing commission shall consist of three members, not
more than two of whom shall belong to the same political party, to
be appointed by the governor by and with the advice and consent of
the Senate. The term of office for the members of the racing
commission is four years, and until their successors have been
appointed and have qualified, and members of the racing commission
may serve any number of successive terms. The members of the racing
commission in office on the effective date of the amendment and
reenactment of this section in two thousand one shall, unless
removed by the governor after the effective date of this article,
continue to serve until their terms expire and until their
successors have been appointed and have qualified. Any vacancy in
the office of a member of the racing commission shall be filled by
appointment by the governor for the unexpired term of the member
whose office shall be vacant. No person is eligible for appointment
to or to serve upon the racing commission:
(1) Unless he or she is an actual and bona fide resident of
this state, shall have resided in this state for a period of at
least five years next preceding his or her appointment, shall be a qualified voter of this state and be not less than twenty-five
years of age;
(2) Who directly or indirectly, or in any capacity, owns or
has any interest, in any manner whatever, in any racetrack where
horse or dog race meetings may be held, including, but not limited
to, an interest as owner, lessor, lessee, stockholder or employee;
(3) While serving as a member of the Legislature or as an
elective officer of this state; or
(4) Who has been or shall be convicted of an offense which,
under the law of this state or any other state or of the United
States of America, constitutes a felony, or is a violation of
article four, chapter sixty-one of this code.
(c) Each member of the racing commission shall be reimbursed
for all reasonable and necessary expenses actually incurred in the
performance of his or her duties as a member of the racing
commission.
(d) The racing commission shall have its principal office at
the seat of government, and shall meet annually at its principal
office in the month of January, and at any other times and places
designated by its chairman. At the annual meeting the racing
commission shall elect from its membership a chairman and any other
officers that are desired. Other meetings of the racing commission
may be called by the chairman on such notice to the other members
prescribed by the racing commission.
(e) A majority of the members of the racing commission
constitute a quorum for the transaction of its business or the exercise of any of its powers and authority. No person not a bona
fide member of the racing commission shall vote upon or participate
in the deliberations of the racing commission on any matter which
may come before it. All racing commission records, except as
otherwise provided by law, shall be open to public inspection
during regular office hours.
(f)(b) As soon as possible after the close of each calendar
year, the racing gaming commission shall submit to the governor a
report of the racing transactions of the racing commission during
the preceding calendar year.
(c)Whenever the term "racing commission" or "West Virginia
racing commission" is used in this article twenty-three, or in
article twenty-four of this chapter, or anywhere else in this code,
these terms shall mean the State Gaming Commission and the Director
of the State Gaming Agency established in article twenty-two,
chapter twenty-nine of this code.
§19-23-5. Racing secretary and other personnel; qualifications;
terms; powers and duties; compensation and expenses
offices abolished as of the first day of July, two
thousand eight; administrative functions and personnel
placed under the supervision of the Director of the
State Gaming Agency.
(a) The racing commission shall appoint a racing secretary to
represent the racing commission and such racing secretary shall
possess such powers and authority and perform such duties as the racing commission may direct or prescribe. The racing secretary
shall preserve at the racing commission's principal office all
books, maps, records, documents and other papers of the racing
commission. The racing secretary shall, in addition to all other
duties imposed upon him by the racing commission, serve in a
liaison capacity between licensees and the racing commission. The
racing commission may also employ, direct and define the duties of
an assistant racing secretary and such stenographers, clerks and
other office personnel as it may deem necessary to carry out the
duties imposed upon it under the provisions of this article. The
statutory offices of racing secretary, assistant racing secretary,
chief clerk, director of security, director of audits, and chief
chemist are abolished effective the first day of July, two thousand
eight.
(b) In addition to the employees referred to above, The racing
commission shall employ, direct and define the duties of a chief
clerk, director of security, director of audit, chief chemist,
stewards to represent the racing commission, supervisors of the
pari-mutuel wagering conducted under the provisions of this
article, veterinarians, inspectors, accountants, guards and all
other employees deemed by the racing commission to be essential in
connection with any horse or dog race meeting. The director of
audit shall be a certified public accountant or experienced public
accountant.
(c) No individual shall knowingly be employed or be continued
in employment by the racing commission in any capacity whatever:
(1) Who directly or indirectly, or in any capacity, owns or
has any interest, in any manner whatever, in any racetrack where
horse or dog race meetings may be held, including, but not limited
to, an interest as owner, lessor, lessee, stockholder or employee;
(2) Who at the time is or has been within one year prior
thereto a member of the Legislature or an elective officer of this
state, unless he is experienced and qualified as a racing official;
or
(3) Who has been or shall be convicted of an offense which,
under the law of this state or any other state or of the United
States of America, constitutes a felony, or is a violation of
article four, chapter sixty-one of this code. Any steward employed
by the racing commission or by a licensee shall be a person of
integrity, and experienced and qualified for such position by the
generally accepted practices and customs of horse or dog racing in
the United States.
(d)(c) The racing secretary and all All other employees of
the racing commission whose functions are required or needed under
provisions of this article shall serve at the will and pleasure of
the racing commission. The racing secretary and the other employees
referred to in this section as employees of the racing commission
They shall receive such compensation as may be fixed by the racing
commission within the limit of available funds, and shall be
reimbursed for all reasonable and necessary expenses actually
incurred in the performance of their official duties.
(e) All compensation and reimbursement for expenses of the members of the racing commission, the racing secretary and all
other employees of the racing commission shall be paid from the
funds in the hands of the state treasurer collected under the
provisions of this article and shall be itemized in the budget in
the same manner as all other departments of state government, but
no reimbursement for expenses incurred shall be paid unless an
itemized account thereof, under oath, be first filed with the state
auditor.
§19-23-10. Daily license tax; pari-mutuel pools tax; how taxes
paid; alternate tax; credits.
(a) Any racing association conducting thoroughbred racing at
any horse racetrack in this state shall pay each day upon which
horse races are run a daily license tax of two hundred fifty
dollars. Any racing association conducting harness racing at any
horse racetrack in this state shall pay each day upon which horse
races are run a daily license tax of one hundred fifty dollars. Any
racing association conducting dog races shall pay each day upon
which dog races are run a daily license tax of one hundred fifty
dollars. In the event thoroughbred racing, harness racing, dog
racing, or any combination of the foregoing are conducted on the
same day at the same racetrack by the same racing association, only
one daily license tax in the amount of two hundred fifty dollars
shall be paid for that day. Any daily license tax shall not apply
to any local, county or state fair, horse show or agricultural or
livestock exposition at which horse racing is conducted for not
more than six days.
(b) Any racing association licensed by the racing commission
to conduct thoroughbred racing and permitting and conducting pari-
mutuel wagering under the provisions of this article shall, in
addition to the daily license tax set forth in subsection (a) of
this section, pay to the racing commission, from the commission
deducted each day by the licensee from the pari-mutuel pools on
thoroughbred racing a tax calculated on the total daily
contribution of all pari-mutuel pools conducted or made at any and
every thoroughbred race meeting of the licensee licensed under the
provisions of this article. The tax, on the pari-mutuel pools
conducted or made each day during the months of January, February,
March, October, November and December, shall from the effective
date of this section and for fiscal year one thousand nine hundred
eighty-five be calculated at two and six-tenths percent; for fiscal
year one thousand nine hundred eighty-six, be calculated at two and
three-tenths percent; for fiscal year one thousand nine hundred
eighty-seven, be calculated at two percent of the pool; for fiscal
year one thousand nine hundred eighty-eight, be calculated at one
and one-half percent; for fiscal year one thousand nine hundred
eighty-nine, be calculated at one percent of the pool; for fiscal
year one thousand nine hundred ninety, seven tenths of one percent,
and for fiscal year one thousand nine hundred ninety-one and each
fiscal year thereafter be calculated at four tenths of one percent
of the pool; and, on the pari-mutuel pools conducted or made each
day during all other months, shall from the effective date of this
section and for fiscal year one thousand nine hundred eighty-five, be calculated at three and six-tenths percent; for fiscal year one
thousand nine hundred eighty-six, be calculated at three and three-
tenths percent; for fiscal year one thousand nine hundred eighty-
seven, be calculated at three percent of the pool; for fiscal year
one thousand nine hundred eighty-eight, be calculated at two and
one-half percent; for fiscal year one thousand nine hundred eighty-
nine, be calculated at two percent of the pool; for fiscal year one
thousand nine hundred ninety, be calculated at one and seven-tenths
percent of the pool; and for fiscal year one thousand nine hundred
ninety-one and each fiscal year thereafter, be calculated at one
and four-tenths percent of the pool: .Provided, That out of the
amount realized from the three tenths of one percent decrease in
the tax effective for fiscal year one thousand nine hundred ninety-
one and thereafter, which decrease correspondingly increases the
amount of commission retained by the licensee, the The licensee
shall annually expend or dedicate: (i) One half of the realized
amount an amount equal to fifteen one hundredths of one percent of
the pool for capital improvements in its barn area at the track,
subject to the racing commission's prior approval of the plans for
the improvements; and (ii) the remaining one half of the realized
amount an amount equal to fifteen one hundredths of one percent of
the pool for capital improvements as the licensee may determine
appropriate at the track. The term "capital improvement" shall be
as defined by the Internal Revenue Code: .Provided, however, That
any Any racing association operating a horse racetrack in this
state having an average daily pari-mutuel pool on horse racing of two hundred eighty thousand dollars or less per day for the race
meetings of the preceding calendar year shall, in lieu of payment
of the pari-mutuel pool tax, calculated as in this subsection, be
permitted to conduct pari-mutuel wagering at the horse racetrack on
the basis of a daily pari-mutuel pool tax fixed as follows: On the
daily pari-mutuel pool not exceeding three hundred thousand dollars
the daily pari-mutuel pool tax shall be one thousand dollars plus
the otherwise applicable percentage rate imposed by this subsection
of the daily pari-mutuel pool, if any, in excess of three hundred
thousand dollars: .Provided further, That upon the effective date
of the reduction of the daily pari-mutuel pool tax to one thousand
dollars from the former two thousand dollars, the The association
or licensee shall daily deposit five hundred dollars into the
special fund for regular purses established by subdivision (1),
subsection (b), section nine of this article: . And provided
further, That if If an association or licensee qualifying for the
foregoing alternate tax conducts more than one racing performance,
each consisting of up to thirteen races in a calendar day, the
association or licensee shall pay both the daily license tax
imposed in subsection (a) of this section and the alternate tax in
this subsection for each performance: . And provided further, That
a A licensee qualifying for the foregoing alternate tax is excluded
from participation in the fund established by section thirteen-b of
this article: And provided further, That , but this exclusion shall
not apply to any thoroughbred racetrack at which the licensee has
participated in the West Virginia thoroughbred development fund for more than four consecutive years prior to the thirty-first day of
December, one thousand nine hundred ninety-two.
(c) Any racing association licensed by the racing commission
to conduct harness racing and permitting and conducting pari-mutuel
wagering under the provisions of this article shall, in addition to
the daily license tax required under subsection (a) of this
section, pay to the racing commission, from the commission deducted
each day by the licensee from the pari-mutuel pools on harness
racing, as a tax, three percent of the first one hundred thousand
dollars wagered, or any part thereof; four percent of the next one
hundred fifty thousand dollars; and five and three-fourths percent
of all over that amount wagered each day in all pari-mutuel pools
conducted or made at any and every harness race meeting of the
licensee licensed under the provisions of this article.
(d) Any racing association licensed by the racing
commission to conduct dog racing and permitting and conducting
pari-mutuel wagering under the provisions of this article shall, in
addition to the daily license tax required under subsection (a) of
this section, pay to the racing commission, from the commission
deducted each day by the licensee from the pari-mutuel pools on dog
racing, as a tax, four percent of the first fifty thousand dollars
or any part thereof of the pari-mutuel pools, five percent of the
next fifty thousand dollars of the pari-mutuel pools, six percent
of the next one hundred thousand dollars of the pari-mutuel pools,
seven percent of the next one hundred fifty thousand dollars of the
pari-mutuel pools, and eight percent of all over three hundred fifty thousand dollars wagered each day: . Provided, That the The
licensee shall deduct daily from the pari-mutuel tax an amount
equal to one tenth of one percent of the daily pari-mutuel pools in
dog racing in fiscal year one thousand nine hundred ninety; fifteen
hundredths of one percent in fiscal year one thousand nine hundred
ninety-one; two tenths of one percent in fiscal year one thousand
nine hundred ninety-two; one quarter of one percent in fiscal year
one thousand nine hundred ninety-three; and three tenths of one
percent in fiscal year one thousand nine hundred ninety-four and
every fiscal year thereafter. The amounts deducted shall be paid to
the racing commission to be deposited by the racing commission in
a banking institution of its choice the state treasury in a
nonappropriated special account to be known as "West Virginia
Racing State Gaming Commission-Special Account-West Virginia
Greyhound Breeding Development Fund". The purpose of the fund is to
promote better breeding, a training facility and racing of
greyhounds in the state through awards and purses to bona fide
resident registered greyhound owners of accredited West Virginia
whelped greyhounds. In order to be eligible to receive an award or
purse through the fund, the registered greyhound owner of the
accredited West Virginia whelped greyhound must be a bona fide
resident of this state. To qualify as a bona fide resident of West
Virginia, a registered greyhound owner may not claim residency in
any other state. A registered greyhound owner must prove bona fide
residency by providing to the commission personal income tax
returns filed in the State of West Virginia for the most recent tax year and the three previous tax years, has real or personal
property in this state on which the owner has paid real or personal
property taxes during the most recent tax year and the previous
three tax years and an affidavit stating that the owner claims no
other state of residency. The racing commission and the West
Virginia registered greyhound owners and breeders association shall
maintain a registry for West Virginia bred greyhounds. The moneys
shall be expended from collections by the racing commission for
purses for stake races, supplemental purse awards, administration,
promotion and educational programs involving West Virginia whelped
dogs, owned by residents of this state under rules promulgated by
the racing commission. The racing commission shall pay out of the
greyhound breeding development fund to each of the licensed dog
racing tracks the sum of seventy-five thousand dollars for the
fiscal year ending the thirtieth day of June, one thousand nine
hundred ninety-four. The licensee shall deposit the sum into the
special fund for regular purses established under the provisions of
section nine of this article. The funds shall be expended solely
for the purpose of supplementing regular purses under rules
promulgated by the racing commission.
Supplemental purse awards will be distributed as follows:
Supplemental purses shall be paid directly to the registered
greyhound owner of an accredited greyhound. The registered
greyhound owner of accredited West Virginia whelped greyhounds that
earn points at any West Virginia meet will receive a bonus award
calculated at the end of each month as a percentage of the fund dedicated to the owners as purse supplements, which shall be a
minimum of fifty percent of the total moneys deposited into the
West Virginia greyhound breeding development fund monthly.
The total amount of the fund available for the owners' awards
shall be distributed according to the ratio of points earned by an
accredited greyhound to the total amount earned in races by all
accredited West Virginia whelped greyhounds for that month as a
percentage of the funds dedicated to the owners' purse supplements.
The point value at all greyhound tracks shall be the same as
approved by the racing commission to be effective April 1, 2007.
The registered greyhound owner of an accredited West Virginia
whelped greyhound shall file a purse distribution form with the
racing commission for a percentage of his or her dog's earnings to
be paid directly to the registered greyhound owner or owners of the
greyhound. Distribution shall be made on the fifteenth day of each
month for the preceding month's achievements.
In no event shall points earned at a meet held at a track
which did not make contributions to the West Virginia greyhound
breeder's development fund out of the daily pool on the day the
meet was held qualify or count toward eligibility for supplemental
purse awards.
Any balance in the purse supplement funds after all
distributions have been made for the year revert to the general
account of the fund for distribution in the following year:
Provided, That not more than one million dollars from the balance
in the purse supplemental fund shall be used for the construction and maintenance of a dog training track and facilities if such be
approved by the West Virginia Racing Commission commission. The
West Virginia Racing Commission commission shall be authorized to
promulgate rules governing dog training tracks.
In an effort to further promote the breeding of quality West
Virginia whelped greyhounds, a bonus purse supplement shall be
established in the amount of fifty thousand dollars per annum, to
be paid in equal quarterly installments of twelve thousand five
hundred dollars per quarter using the same method to calculate and
distribute these funds as the regular supplemental purse awards.
This bonus purse supplement is for three years only, commencing on
the first day of July, one thousand nine hundred ninety-three, and
ending the thirtieth day of June, one thousand nine hundred ninety-
six. This money would come from the current existing balance in the
greyhound development fund.
Each pari-mutuel greyhound track shall provide stakes races
for accredited West Virginia whelped greyhounds: .Provided, That
each Each pari-mutuel track shall have one juvenile and one open
stake race annually. To assure breeders of accredited West Virginia
whelped greyhounds an opportunity to participate in the West
Virginia Greyhound Breeding Development Fund, the West Virginia
Racing Commission commission by the first day of July each year
shall establish and announce the minimum number of accredited West
Virginia whelped greyhounds that greyhound racing kennels at West
Virginia dog tracks must have on their racing active list during
the calendar year following such action. The minimum number may vary from dog track to dog track. The minimum number shall be
established after consultation with the West Virginia Greyhound
Owners and Breeders Association and kennel owners and operators.
Factors to be considered in establishing this minimum number shall
be the number of individually registered accredited West Virginia
whelped greyhounds whelped in the previous two years. The , the
number of all greyhounds seeking qualification at each West
Virginia dog track, the ratio of active running greyhounds to
housed number of greyhounds at each West Virginia dog track, and
the size and number of racing kennels at each West Virginia dog
track. Any greyhound racing kennel not having the minimum number of
accredited West Virginia whelped greyhounds determined by the West
Virginia Racing Commission commission on their active list shall
only be permitted to race the maximum allowable number on the
active list less the number of accredited West Virginia whelped
greyhounds below the established minimum number. Consistent
violations of this minimum requirement may for review be reviewed
by the Racing Commission commission and may constitute cause for
denial or revocation of a kennel's racing license. The racing
commission shall oversee and approve racing schedules and purse
amounts.
Ten percent of the deposits into the greyhound breeding
development fund beginning the first day of July, one thousand nine
hundred ninety-three and continuing each year thereafter, shall be
withheld by the racing commission and placed in a nonappropriated
special revenue account hereby created in the State Treasury called the "administration, promotion and educational and capital
improvement account". The racing commission is authorized to expend
the moneys from collections deposited in the administration,
promotion and educational and capital improvement account at such
times and in such amounts as the commission determines to be
necessary for purposes of administering and promoting the greyhound
development program: Provided, That beginning with fiscal year one
thousand nine hundred ninety-five and in each fiscal year
thereafter in which the commission anticipates spending any money
from the account, the commission shall submit to the executive
department during the budget preparation period prior to the
Legislature convening before that fiscal year for inclusion in the
executive budget document and budget bill, the recommended
expenditures, as well as requests of appropriations for the purpose
of administration, promotion and education. The commission shall
make an annual report to the Legislature on the status of the
administration, promotion and education account, including the
previous year's expenditures and projected expenditures for the
next year.
The racing commission, for the fiscal year one thousand nine
hundred ninety-four only, may expend up to thirty-five thousand
dollars from the West Virginia greyhound breeding development fund
to accomplish the purposes of this section without strictly
following the requirements in the previous paragraph.
(e) All daily license and pari-mutuel pools tax payments
required under the provisions of this section shall be made to the racing commission or its agent after the last race of each day of
each horse or dog race meeting, and the pari-mutuel pools tax
payments shall be made from all contributions to all pari-mutuel
pools to each and every race of the day.
(f) Every association or licensee subject to the provisions of
this article, including the changed provisions of sections nine and
ten of this article, shall annually submit to the racing commission
and the Legislature financial statements, including a balance
sheet, income statement, statement of change in financial position
and an audit of any electronic data system used for pari-mutuel
tickets and betting, prepared in accordance with generally accepted
auditing standards, as certified by an experienced public
accountant or a certified public accountant.
§19-23-11. Revenues from horse racing and dog racing to be paid
into a special account to fund commission expenses.
All revenues collected pursuant to the provisions of this
article as license taxes or pari-mutuel pools taxes on horse racing
and dog racing shall be paid by the racing commission to the state
treasurer who shall deposit the revenues in a the nonappropriated
special account to be denominated by him or her created in section
eight-a, article twenty-two, chapter twenty-nine of this code. The
revenues in the special account shall first be available to the
commission to pay salaries and other budgeted expenses for the
commission, not to exceed the amounts appropriated for such
purposes in the budget bill for each fiscal year State Gaming
Agency. Revenues in excess of the budgeted expenses of the commission shall be accumulated and transferred to the general
revenue fund. The racing commission shall remit all collected
racing revenues to the state treasurer at least one time during
each thirty-day period of each racing season, and a final
remittance as to any particular horse race or dog race meeting
shall be made within thirty days from and after the close of each
horse race or dog race meeting.
§19-23-13. Disposition of funds for payment of outstanding and
unredeemed pari-mutuel tickets; publication of
notice; irredeemable tickets; stake races for dog
tracks.
(a) All moneys held by any licensee for the payment of
outstanding and unredeemed pari-mutuel tickets, if not claimed
within ninety days after the close of a horse or dog race meeting
or the televised racing day, as the case may be, in connection with
which the tickets were issued, shall be turned over by the licensee
to the racing commission within fifteen days after the expiration
of the ninety-day period, and the licensee shall give any
information required by the racing commission concerning the
outstanding and unredeemed tickets. The moneys shall be deposited
by the racing commission in a banking institution of its choice in
a a nonappropriated special account in the state treasury to be
known as "West Virginia Racing State Gaming Commission Special
Account - Unredeemed Pari-Mutuel Tickets." Notice of the amount,
date and place of each deposit shall be given by the racing commission, in writing, to the state treasurer. The racing
commission shall then cause to be published a notice to the holders
of the outstanding and unredeemed pari-mutuel tickets, notifying
them to present their unredeemed tickets for payment at the
principal office of the racing commission within ninety days from
the date of the publication of the notice. The notice shall be
published within fifteen days following the receipt of the
outstanding and unredeemed pari-mutuel ticket moneys by the
commission from the licensee as a Class I legal advertisement in
compliance with the provisions of article three, chapter fifty-nine
of this code, and the publication area for the publication shall be
the county in which the horse or dog race meeting was held and the
county in which the televised racing day wagering was conducted in
this state.
(b) Any outstanding and unredeemed pari-mutuel tickets that
are not presented for payment within ninety days from the date of
the publication of the notice are thereafter irredeemable, and the
moneys theretofore held for the redemption of the pari-mutuel
tickets shall become the property of the racing commission and
shall be expended from collections as provided in this subsection.
The racing commission shall maintain separate accounts for each
licensee and shall record in each separate account the moneys
turned over by the licensee and the amount expended at the
licensee's track for the purposes set forth in this subsection. For
races that occurred earlier than the first day of January two
thousand eight, The the moneys in the West Virginia racing commission State Gaming Commission special account - unredeemed
pari-mutuel tickets shall be expended as follows:
(1) To the owner of the winning horse in any horse race at a
horse race meeting held or conducted by any licensee: Provided,
That the owner of the horse is at the time of the horse race a bona
fide resident of this state, a sum equal to ten percent of the
purse won by the horse at that race: Provided, however, That in the
event there are more than ten races in any performance, the award
to the resident owner of the winning horse will be that fractional
share of the purse with a numerator of one and a denominator
representing the number of races on the day of the performance.
(2) To the breeder (that is, the owner of the mare) of the
winning horse in any horse race at a horse race meeting held or
conducted by any licensee: Provided, That the mare foaled in this
state, a sum equal to ten percent of the purse won by the horse:
Provided, however, That in the event there are more than ten races
in any performance, the award to the breeder will be that
fractional share of the purse with a numerator of one and a
denominator representing the number of races on the day of the
performance; and
(3) To the owner of the stallion which sired the winning horse
in any horse race at a horse race meeting held or conducted by any
licensee: Provided, That the mare which foaled the winning horse
was served by a stallion standing and registered in this state, a
sum equal to ten percent of the purse won by the horse: Provided, however, That in the event there are more than ten races in any
performance, the award to the owner of the stallion will be
percentage of the purse based upon the fractional share represented
by the number of races on the day of the performance; and
(4) To those horse racing licensees not participating in the
thoroughbred development fund authorized in section thirteen-b of
this article, the unexpended balance of the licensee's account not
expended as provided in subdivisions (1), (2) and (3) of this
subsection: Provided, That all moneys distributed under this
subdivision shall be expended solely for capital improvements at
the licensee's track: Provided, however, That the capital
improvements must be approved, in writing, by the West Virginia
racing commission before funds are expended by the licensee for
that capital improvement; and
(5)(4) When the moneys in the special account, known as the
West Virginia racing commission State Gaming Commission special
account - unredeemed pari-mutuel tickets will more than satisfy the
requirements of subdivisions (1), (2), and (3) and (4) of this
subsection, the West Virginia racing commission shall have the
authority to expend the excess moneys from unredeemed horse racing
pari-mutuel tickets purse money in any race conditioned exclusively
for West Virginia bred or sired horses, and to expend the excess
moneys from unredeemed dog racing pari-mutuel tickets in
supplementing purses and establishing stake races and dog racing
handicaps at the dog tracks: Provided, That subject to the
availability of funds, the commission shall, after the requirements of subdivisions (1), (2), (3) and (4) of this subsection have been
satisfied: divide the net fund balance in the un-redeemed pari-
mutuel tickets account in a calendar year on a pro rata basis among
the following claims:
(A) The owner of the winning horse in each horse race at any
horse race meeting held or conducted by any licensee, if the owner
of the horse is at the time of the horse race a bona fide resident
of this state;
(B) The breeder, meaning the owner of the mare, of any such
winning horse at any horse race meeting held or conducted by any
licensee, if the mare foaled in this state; and
(C) The owner of stallion that sired the winning horse at any
horse race meeting held or conducted by any licensee, if the
stallion stands and is registered in this state.
All claims for awards shall be submitted to the commission no
later that the last business day of January following the calendar
racing year during which the race was won. The total of all
winner's shares of all races on claim forms shall be divided into
each claim amount to get a relative percentage of each claim. Each
percentage shall then be multiplied by the net unencumbered balance
to determine the award to each claimant. Payment shall be made no
later than the last business day of February following the racing
year during which the race was won. Nothing in this subsection
shall be construed as limited any qualified owner, breeder or sire
to a single claim in any calendar year. The commission may require
proof that the owner was, at the time of the race, a bona fide resident of this state. Upon proof by the owner that he or she
filed a personal income tax return in this state for the previous
two years and that he or she owned real or personal property in
this state and paid taxes in this state on real or personal
property for the previous two years, he or she shall be presumed to
be a bona fide resident of this state. Residency of the breeder or
sire is not required for those respective awards. In any year where
payments under subdivisions (1), (2) and (3), subsection (b) of
this section eliminate any carry-forward of money to pay claims
under this subdivision (4), no claims are paid and all claims are
extinguished. No unpaid claim from one year is carried forward to
future years until funds become available.
(5)In any calendar year when a net balance remains in the un-
redeemed pari-mutuel tickets account after all awards have been
made in subdivisions (1), (2), (3), and (4), subsection (b) of this
section shall be expended by the commission in the following order
of priority:
(A) Transfer annually Up to two hundred thousand dollars to
the West Virginia racing commission commission's special account -
West Virginia greyhound breeding development fund; and thereafter
(B) Transfer annually Up to two hundred thousand dollars into
a separate account to be used for stakes races for West Virginia
bred greyhounds at dog racetracks; and thereafter
(C) Transfer annually Up to two hundred thousand dollars to a
trust maintained and administered by the organization which is
recognized by the West Virginia racing commission, pursuant to a legislative rule proposed for promulgation by the commission and
authorized by the Legislature, as the representative of the
majority of the active jockeys in West Virginia, for the purpose of
providing health and disability benefits to eligible active or
disabled West Virginia jockeys and their dependents in accordance
with eligibility criteria established by said organization. For
purposes of this section in determining health benefits, an
eligible active jockey is one who rides at least one hundred mounts
per calendar year of which fifty-one must be in the state of West
Virginia: . Provided, That a A jockey is not eligible for health
benefits if he or she receives health benefits from any other
state; and In any year where payments under subdivisions (1), (2)
and (3) and (4) subsection (b) of this section eliminate any carry-
forward of money to pay money under this subdivision (5), no claims
are paid and all claims are extinguished. No unpaid claim from one
year is carried forward to future years until funds become
available.
(D) (6) After all payments to satisfy the requirements of (A),
(B) and (C) subdivisions (1), (2), (3), (4), and (5), subsection
(b) of this proviso section have been satisfied made, the
commission shall have authority to transfer one hundred fifty
thousand dollars left from all uncashed pari-mutuel tickets to the
trust maintained and administered by the organization which is
recognized by the West Virginia racing commission, pursuant to
legislative rule proposed for promulgation by the commission and
authorized by the Legislature as the representative of the majority of the active jockeys in West Virginia. In any year where payments
under subdivisions (1), (2) and (3),(4) and (5), subsection (b) of
this section eliminate any carry-forward of money to pay money
under this subdivision (6), no money is paid. No unpaid recipient
from one year is carried forward to future years as an account
payable until funds become available.
(c) The commission shall submit to the legislative auditor a
quarterly annual report and accounting of the income, expenditures
and unobligated balance in the special account created by this
section known as the West Virginia racing commission State Gaming
Commission special account - unredeemed pari-mutuel tickets.
(d) Nothing contained in this article shall prohibit one
person from qualifying for all or more than one of the aforesaid
awards or for awards under section thirteen-b of this article.
(e) The cost of publication of the notice provided for in this
section shall be paid from the funds in the hands of the state
treasurer collected from the pari-mutuel pools' tax provided for in
section ten of this article, when not otherwise provided in the
budget; but no such costs shall be paid unless an itemized account
thereof, under oath, be first filed with the state auditor special
account of the commission created in section eight-a, article
twenty-two, chapter twenty-nine of this code.
(f) The racing commission is authorized to promulgate
emergency rules, prior to the first day of July September, two
thousand four eight, to incorporate the revisions to this article
enacted during the two thousand four eight regular legislative session.
§19-23-13b. West Virginia Thoroughbred Development Fund;
distribution; restricted races; nonrestricted
purse supplements; preference for West Virginia
accredited thoroughbreds.
(a) The Racing Commission commission shall deposit moneys
required to be withheld by an association or licensee in subsection
(b), section nine of this article in a banking institution of its
choice the state treasury in a nonappropriated special account to
be known as "West Virginia Racing State Gaming Commission Special
Account -- West Virginia Thoroughbred Development Fund": .
Provided, That after the West Virginia Lottery Commission
commission has divided The commission shall divide moneys between
the West Virginia Thoroughbred Development Fund and the West
Virginia Greyhound Breeding Development Fund pursuant to the
provisions of sections ten and ten-b, article twenty-two-a, chapter
twenty-nine of this code, . the Racing Commission The commission
shall, beginning the first day of October, two thousand five,
deposit the remaining moneys required to be withheld from an
association or licensee designated to the Thoroughbred Development
Fund under the provisions of subsection (b), section nine of this
article, subdivision (3), subsection (e), section twelve-b of this
article, subsection (b), section twelve-c of this article,
paragraph (B), subdivision (3), subsection (b), section thirteen-c
of this article and sections ten and ten-b, article twenty-two-a, chapter twenty-nine of this code into accounts for each
thoroughbred racetrack licensee with a banking institution of its
choice in the state treasury with a separate account for each
association or licensee. Each separate account shall be a special
account to be known as "West Virginia Racing State Gaming
Commission Special Account - West Virginia Thoroughbred Development
Fund" and shall name the licensee for which the special account has
been established: . Provided, however, That the Racing Commission
The commission shall deposit all moneys paid into the Thoroughbred
Development Fund by a thoroughbred racetrack licensee that did not
participate in the Thoroughbred Development Fund for at least four
consecutive calendar years prior to the thirty-first day of
December, one thousand nine hundred ninety-two from the eighth day
of July, two thousand five until the effective date of the
amendment to this section passed during the fourth extraordinary
session of the seventy-seventh Legislature shall be paid into the
purse fund of that thoroughbred racetrack licensee: Provided
further, That the . The moneys paid into the Thoroughbred
Development Fund by a thoroughbred racetrack licensee that did not
participate in the Thoroughbred Development Fund for at least four
consecutive calendar years prior to the thirty-first day of
December, one thousand nine hundred ninety-two, shall be
transferred into that licensee's purse fund until the first day of
April, two thousand six. Notice of the amount, date and place of
the deposits shall be given by the Racing Commission, in writing,
to the State Treasurer. The purpose of the funds is to promote better breeding and racing of thoroughbred horses in the state
through awards and purses for accredited breeders/raisers, sire
owners and thoroughbred race horse owners: . And provided further,
That five Five percent of the deposits required to be withheld by
an association or licensee in subsection (b), section nine of this
article shall be placed in a nonappropriated special revenue
account hereby created in the State Treasury called the
"Administration and Promotion Account".
(b) The Racing Commission commission is authorized to expend
the moneys deposited from collections in the administration and
promotion account at times and in amounts as the Commission
determines to be necessary for purposes of administering and
promoting the thoroughbred development program: Provided, That
during any fiscal year in which the Commission anticipates spending
any money from the account, the Commission shall submit to the
executive department during the budget preparation period prior to
the Legislature convening before that fiscal year for inclusion in
the executive budget document and budget bill the recommended
expenditures, as well as requests of appropriations for the purpose
of administration and promotion of the program. The Commission
shall make an annual report to the Legislature on the status of the
administration and promotion account, including the previous year's
expenditures and projected expenditures for the next year.
(c) The fund or funds and the account or accounts established
in subsection (a) of this section shall operate on an annual basis.
(d) Funds in the Thoroughbred Development Fund or funds in the separate accounts for each association or licensee as provided in
subsection (a) of this section shall be expended for awards and
purses except as otherwise provided in this section. Annually, the
first eight hundred thousand dollars shall be available for
distribution for a minimum of fourteen accredited stakes races at
a racetrack which has participated in the West Virginia
Thoroughbred Development Fund for a period of more than four
consecutive calendar years prior to the thirty-first day of
December, one thousand nine hundred ninety-two. The weights for all
accredited stakes races shall be weight for age. One of the stakes
races shall be the West Virginia Futurity and the second shall be
the Frank Gall Memorial Stakes. For the purpose of participating in
the West Virginia Futurity only, all mares, starting with the
breeding season beginning the first day of February through the
thirty-first day of July, two thousand four, and each successive
breeding season thereafter shall be bred back that year to an
accredited West Virginia stallion only which is registered with the
West Virginia Thoroughbred Breeders Association. The accredited
stake races shall be chosen by the committee set forth in
subsection (f) of this section.
(e) Awards and purses shall be distributed as follows:
(1) The breeders/raisers of accredited thoroughbred horses
that earn a purse at a participating West Virginia meet shall
receive a bonus award calculated at the end of the year as a
percentage of the fund dedicated to the breeders/raisers, which
shall be sixty percent of the fund available for distribution in any one year. The total amount available for the breeders'/raisers'
awards shall be distributed according to the ratio of purses earned
by an accredited race horse to the total amount earned in the
participating races by all accredited race horses for that year as
a percentage of the fund dedicated to the breeders/raisers.
However, no breeder/raiser may receive from the fund dedicated to
breeders'/raisers' awards an amount in excess of the earnings of
the accredited horse at West Virginia meets. In addition, should a
horse's breeder and raiser qualify for the same award on the same
horse, they will each be awarded one half of the proceeds. The
bonus referred to in this subdivision may only be paid on the first
one hundred thousand dollars of any purse and not on any amounts in
excess of the first one hundred thousand dollars.
(2) The owner of an accredited West Virginia sire of an
accredited thoroughbred horse that earns a purse in any race at a
participating West Virginia meet shall receive a bonus award
calculated at the end of the year as a percentage of the fund
dedicated to sire owners, which shall be fifteen percent of the
fund available for distribution in any one year. The total amount
available for the sire owners' awards shall be distributed
according to the ratio of purses earned by the progeny of
accredited West Virginia stallions in the participating races for
a particular stallion to the total purses earned by the progeny of
all accredited West Virginia stallions in the participating races.
However, no sire owner may receive from the fund dedicated to sire
owners an amount in excess of thirty-five percent of the accredited earnings for each sire. The bonus referred to in this subdivision
shall only be paid on the first one hundred thousand dollars of any
purse and not on any amounts in excess of the first one hundred
thousand dollars.
(3) The owner of an accredited thoroughbred horse that earns
a purse in any participating race at a West Virginia meet shall
receive a restricted purse supplement award calculated at the end
of the year, which shall be twenty-five percent of the fund
available for distribution in any one year, based on the ratio of
the earnings in the races of a particular race horse to the total
amount earned by all accredited race horses in the participating
races during that year as a percentage of the fund dedicated to
purse supplements. However, the owners may not receive from the
fund dedicated to purse supplements an amount in excess of thirty-
five percent of the total accredited earnings for each accredited
race horse. The bonus referred to in this subdivision shall only be
paid on the first one hundred thousand dollars of any purse and not
on any amounts in excess of the first one hundred thousand dollars.
(4) In no event may purses earned at a meet held at a track
which did not make a contribution to the Thoroughbred Development
Fund out of the daily pool on the day the meet was held qualify or
count toward eligibility for an award under this subsection.
(5) Any balance in the breeders/raisers, sire owners and purse
supplement funds after yearly distributions shall first be used to
fund the races established in subsection (f) of this section. Any
amount not so used shall revert into the general account of the Thoroughbred Development Fund for each racing association or
licensee for distribution in the next year.
Distribution shall be made on the fifteenth day of each
February for the preceding year's achievements.
(f)(1) Each pari-mutuel thoroughbred horse track shall provide
at least one restricted race per racing day: Provided, That
sufficient horses and funds are available. For purposes of this
subsection, there are sufficient horses if there are at least seven
single betting interests received for the race: Provided further,
That, if sufficient horses and funds are available, any
thoroughbred horse racetrack whose licensee participated in the
Thoroughbred Development Fund for at least four consecutive
calendar years prior to the thirty-first day of December one
thousand nine hundred ninety-two, shall provide two restricted
races per racing day, at least one of which may be split at the
discretion of the racing secretary director. The restricted race
required by this section must be included in the first nine races
written in the condition book for that racing day.
(2) The restricted races established in this subsection shall
be administered by a three-member committee at each track
consisting of:
(A) The racing secretary director or his or her designee;
(B) A member appointed by the authorized representative of a
majority of the owners and trainers at the thoroughbred track; and
(C) A member appointed by the West Virginia Thoroughbred
Breeders Association.
(3) Restricted races shall be funded by each racing
association from:
(A) Moneys placed in the general purse fund: Provided, That a
thoroughbred horse racetrack which did not participate in the West
Virginia Thoroughbred Development fund for a period of more than
four consecutive years prior to the thirty-first day of December,
one thousand nine hundred ninety-two, may fund restricted races in
an amount not to exceed one million dollars per year.
(B) Moneys as provided in subdivision (5), subsection (e) of
this section, which shall be placed in a nonappropriated special
fund account in the state treasury called the "West Virginia
Accredited Race Fund".
(4) The racing schedules, purse amounts and types of races are
subject to the approval of the West Virginia Racing Commission
commission.
(5) If less than seventy-five percent of the restricted races
required by this subsection fail to receive enough entries to
race, the Racing Commission commission shall, on a quarterly
basis, dedicate funds in each fund back to the general purse fund
of the racing association or licensee:. Provided, That no No
moneys may be dedicated back to a general purse fund if the
dedication would leave less than two hundred fifty thousand
dollars in the fund.
(g) As used in this section, "West Virginia bred-foal" means
a horse that was born in the State of West Virginia.
(h) To qualify for the West Virginia Accredited Race Fund, the breeder must qualify under one of the following:
(1) The breeder of the West Virginia bred-foal is a West
Virginia resident;
(2) The breeder of the West Virginia bred-foal is not a West
Virginia resident, but keeps his or her breeding stock in West
Virginia year round; or
(3) The breeder of the West Virginia bred-foal is not a West
Virginia resident and does not qualify under subdivision (2) of
this subsection, but either the sire of the West Virginia bred-
foal is a West Virginia stallion, or the mare is covered only by
a West Virginia accredited stallion or stallions before December
31 of the calendar year following the birth of that West Virginia
bred-foal.
(i) From the first day of July, two thousand one, West
Virginia accredited thoroughbred horses have preference for entry
in all accredited races at a thoroughbred race track at which the
licensee participates in the West Virginia Thoroughbred
Development Fund.
(j) Beginning the first day of July, two thousand six, any
racing association licensed by the Racing Commission commission to
conduct thoroughbred racing and permitting and conducting pari-
mutuel wagering under the provisions of this article must have a
West Virginia Thoroughbred Racing Breeders Program.
(k) The commission shall, during calendar year two thousand
nine, conduct a study of the adequacy of funding provided for the
Thoroughbred Development Fund at any thoroughbred racetrack which has not participated in the West Virginia Thoroughbred Development
Fund for a period of more than four consecutive calendar years
prior to the thirty-first day of December, one thousand nine
hundred ninety-two, and shall report its findings and
recommendations to the Joint Committee on Government and Finance
on or before the first day of December, two thousand nine.
§19-23-16. Entry of order suspending or revoking license or
permit; service of order; contents; hearing;
decision to be in writing.
(a) Whenever the racing commission shall deny an application
for a license or a permit or shall suspend or revoke a license or
a permit, it shall make and enter an order to that effect and
serve a copy thereof on the applicant, licensee or permit holder,
as the case may be, in any manner in which a summons may be served
in a civil action or by certified mail, return receipt requested.
Such order shall state the grounds for the action taken, and, in
the case of an order of suspension or revocation, shall state the
effective date of such suspension or revocation.
(b) Whenever a majority of the stewards at any horse or dog
race meeting shall suspend or revoke a permit, such suspension or
revocation shall be effective immediately. The stewards shall, as
soon as thereafter practicable, make and enter an order to that
effect and serve a copy thereof on the permit holder, in any
manner in which a summons may be served in a civil action or by
certified mail, return receipt requested. Such order shall state the grounds for the action taken.
(c) Any person adversely affected by any such order shall be
entitled to a hearing thereon if, within twenty days after service
of a copy thereof if served in any manner in which a summons may
be served as aforesaid or within twenty days after receipt of a
copy thereof if served by certified mail as aforesaid, such person
files with the racing commission a written demand for such
hearing. A demand for hearing shall operate automatically to stay
or suspend the execution of any order suspending or revoking a
license, but a demand for hearing shall not operate to stay or
suspend the execution of any order suspending or revoking a
permit. The racing commission may require the person demanding
such hearing to give reasonable security for the costs thereof and
if such person does not substantially prevail at such hearing such
costs shall be assessed against such person and may be collected
by an action at law or other proper remedy.
(d) Upon receipt of a written demand for such hearing, the
racing commission shall set a time and place therefor not less
than ten and not more than thirty days thereafter. Any scheduled
hearing may be continued by the racing commission upon its own
motion or for good cause shown by the person demanding the
hearing.
(e) All of the pertinent provisions of article five, chapter
twenty-nine-a of this code shall apply to and govern the hearing
and the administrative procedures in connection with and following
such hearing, with like effect as if the provisions of said article five were set forth in this subsection.
(f) Any such hearing shall be conducted by a quorum of the
racing commission or by a hearing examiner appointed by the
commission. For the purpose of conducting any such hearing, the
director or any member of the racing commission shall have the
power and authority to issue subpoenas and subpoenas duces tecum
as provided for in section six of this article. Any such subpoenas
and subpoenas duces tecum shall be issued and served within the
time, for the fees and shall be enforced, as specified in section
one, article five of said chapter twenty- nine-a, and all of the
said section one provisions dealing with subpoenas and subpoenas
duces tecum shall apply to subpoenas and subpoenas duces tecum
issued for the purpose of a hearing hereunder.
(g) At any such hearing the person who demanded the same may
represent such person's own interests or be represented by an
attorney-at-law admitted to practice before any circuit court of
this state. Upon request by the racing commission director, it he
or she shall be represented at any such hearing by the attorney
general or his assistants without additional compensation. The
racing commission director, with the written approval of the
attorney general, may employ special counsel to represent the
racing commission state gaming agency at any such hearing.
(h) After any such hearing and consideration of all of the
testimony, evidence and record in the case, or after receiving the
proposed findings of fact and conclusions of law from a hearing
examiner appointed by the commission, the racing commission shall render its decision in writing. The written decision of the racing
commission shall be accompanied by findings of fact and
conclusions of law as specified in section three, article five,
chapter twenty-nine-a of this code, and a copy of such decision
and accompanying findings and conclusions shall be served by
certified mail, return receipt requested, upon the person
demanding such hearing, and his or her attorney of record, if any.
(i) The decision of the racing commission shall be final
unless reversed, vacated or modified upon judicial review thereof
in accordance with the provisions of section seventeen of this
article.
§19-23-28. Effect of article on existing rules
and
regulations,licenses and permits.
All rules and regulations promulgated by the racing
commission and in effect on the effective date of this article
section shall remain in full force and effect until superseded, or
except as amended or repealed, in accordance with the provisions
of this article.
Any license or permit issued by the racing commission
under the former provisions of article twenty-three of this
chapter, which has not expired and which has not been suspended or
revoked prior to the effective date of this article section, shall
be governed by the provisions of this article and shall remain
valid until the expiration thereof, unless such license or permit
is sooner suspended or revoked in accordance with the provisions of this article.
§19-23-30. Continuation of the racing commission.
Pursuant to the provisions of article ten, chapter four of
this code, the Racing Commission shall continue to exist until the
first day of July, two thousand five, unless sooner terminated,
continued or reestablished by act of the Legislature.
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.
ARTICLE 5A. STATE ATHLETIC COMMISSION.
§29-5A-1. Creation of commission; members; officers; seal and
rules.
The State boxing commission, heretofore created, is hereby
continued and renamed the state Athletic Commission. The
commission shall consist of five persons appointed by the
governor, by and with the consent of the Senate, no more than
three of whom shall belong to the same political party and no two
of whom shall be residents of the same county at the same time.
The members shall serve without pay. The present members and terms
of the members of the state boxing commission shall continue as
the state athletic commission. At the expiration of the term of
each member, his or her successor shall be appointed by the
governor for a term of four years. In the event of a vacancy in
said board, said vacancy shall likewise be filled by appointment
by the governor and the governor shall likewise have the power to
remove any commissioner at his or her pleasure. Any three members
of the commission shall constitute a quorum for the exercise of the power or authority conferred upon it. The members of the
commission shall at the first meeting after their appointment
elect one of their number chairman of the commission, and another
of their number secretary of the commission, shall adopt a seal
for the commission, and shall make such rules for the
administration of their office, not inconsistent herewith, as they
may deem expedient; and they may hereafter amend or abrogate such
rules. The concurrence of at least three commissioners shall be
necessary to render a choice or decision of the commission.is
hereby abolished effective the first day of July, two thousand
eight. The powers and duties of the State Athletic Commission
shall on and after that date be exercised by the gaming commission
created by section 4, article 22, of this chapter of the code, and
as delegated by the commission to the Director of the State Gaming
Agency.
§29-5A-2. Powers and duties of secretary; penalty for false
swearing, etc.; biennial reports of commission.
The office of the commission may be changed at pleasure by
the said commission. The commission may designate as its official
headquarters the residence or place of business of any one of its
members. It shall be the duty of the secretary to keep a full and
true record of all proceedings of said commission, to preserve all
its books, documents and papers, to prepare for service such
notices and other papers as may be required of him by the
commission, and to perform such other duties as the commission may
prescribe; and he may at the direction of the commission issue subpoenas for the attendance of witnesses before the commission
with the same effect as if they were issued in an action in any
circuit court of the state, and may administer oaths in all
matters pertaining to the duties of his office or connected with
the administration of the affairs of the commission. The subpoenas
shall be on forms prescribed by the commission and served by the
sheriff's department of the county in which the individual being
subpoenaed resides. Such subpoenas shall be signed by at least two
members. Disobedience of such subpoena and false swearing before
such secretary shall be attended by the same consequences and be
subject to the same penalties as if such disobedience or false
swearing occurred in an action in any circuit court of the state.
The commission shall make to the Legislature biennial reports of
their proceedings for the two years ending with the last day of
the preceding December, and may submit with such report, such
recommendations pertaining to its affairs, as to it shall seem
advisable.
§29-5A-3. Commission to have sole control of boxing, etc.,
matches; licenses; municipality not to tax boxing,
etc., club.
(a) The commission has sole direction, management and control
of the jurisdiction over all amateur, professional and
semiprofessional boxing, sparring matches and exhibitions, or any
form thereof, to be conducted, held or given within the state by
any club, individual, corporation or association. As used in this article, the term "boxing" includes any fighting event that
includes or permits the striking of an opponent with a closed
fist, even if wrestling moves, elements of martial arts, or
striking an opponent with the feet are also permitted. No boxing,
sparring or exhibition may be conducted, held or given within the
state except pursuant to the commission's authority and held in
accordance with this article. The commission may, in its
discretion, issue and, at its pleasure, revoke the license to
conduct, hold or give boxing or sparring matches or exhibitions to
any club, corporation, association or individual. Every license is
subject to rules the commission may prescribe. Every application
for a license shall be on a blank form provided by the commission.
No promoter's license may be granted to any club, corporation,
association or individual, unless the signer of the application is
a bona fide resident of the state of West Virginia. Upon
application of the promoter's license, the promoter shall pay a
state license fee of one hundred twenty-five dollars for one year.
The fee shall be in the form of a certified check or money order
and shall be issued to the treasurer of the state of West Virginia
paid to the order of the commission to be deposited in the general
fund. If the license is not granted, the treasurer director shall
refund the full amount. Nonprofit chartered and charitable
organizations are exempt from this license fee for all amateur
events. No municipal corporation may impose any license tax on
boxing, sparring or exhibition clubs, notwithstanding the
provisions of any section of the code respecting municipal taxes and licenses. The granting of a license to a club by the
commission, or the holding of a license by a club, individual,
corporation or association, does not prevent the commission from
canceling or revoking the license to conduct an event, as provided
in this section.
(b) In exercising its jurisdiction over professional,
semiprofessional and amateur boxing, sparring matches and
exhibitions, the commission shall follow the current United States
boxing authority rules and requirements to enable the proper
sanctioning of all participants, referees, judges and matches or
exhibitions conducted under the rules described in subdivision
(1), subsection (c), section twenty-four of this article and shall
cooperate fully with the boxing authority in order that the
sanctioning be extended to state boxers. For full contact boxing
events and other boxing events that follow nontraditional rules,
the commission may impose any limitations or restrictions
reasonably necessary to guarantee the safety of the participants
and the fair and honest conducting of the matches or exhibitions
and may refuse to license any event that poses an unreasonable
degree of risk to the participants.
§29-5A-5. Expense of Commission Definitions.
On or before December thirty-one of each year, the secretary
of the commission shall present to the governor projected expenses
for the following year. Such projections shall include all
expenses of the commission and its official headquarters.
Necessary expenses incurred by the commission shall be submitted on a standard expense form to the treasurer of the state of West
Virginia to be paid from the general fund. Such expenses shall not
exceed five thousand five hundred dollars per year. The terms
"Commission," "Athletic Commission" or "State Athletic
Commission," as used in this article, shall, after the thirtieth
day of June, two thousand eight, mean the State Gaming Commission
created by article twenty-two of this chapter.
§29-5A-14. Suspension, revocation, etc., of license.
The commission shall have the additional authority and power
to suspend, revoke or place on probation the license of any
licensee licensed under this chapter, who in the discretion of the
commission:
(a) Is guilty of failure to obey any lawful order of the
commission, the secretary or any inspector thereof;
(b) Is guilty of gross immorality;
(c) Is unfit or incompetent by reason of negligence;
(d) Is guilty of violating any provision of this chapter or
rules and regulations of the commission;
(e) Has committed fraud or deceit in securing a license for
himself or another;
(f) Has been convicted of a felony or misdemeanor involving
moral turpitude in any jurisdiction within one year preceding the
suspension or revocation and such conviction not previously
reported to the commission by said licensee;
(g) Is an habitual drunkard or addicted to the use of
narcotics;
(h) Is or has become mentally incompetent;
(i) Is or has been guilty of unprofessional or unethical
conduct, or such conduct as to require a suspension or revocation
of license in the interest of the public;
(j) Has failed to furnish the proper party a copy of any
contract or statement required by this chapter or the rules and
regulations promulgated hereunder, or has breached such a
contract;
(k) Has loaned or permitted another person to use his
license, or has borrowed or used the license of another;
(l) Has failed to maintain in force the bond required by this
chapter;
(m) Has by act or omission conducted himself in a manner
which would tend to be detrimental to the best interests of boxing
generally, or to the public interest and general welfare;
(n) Has been disciplined in any manner by the boxing Gaming
Commission or similar agency or body of any jurisdiction;
(o) Has failed to pay a fine or forfeiture imposed by this
chapter;
(p) Has, either within or without this state, by any act,
threat, statement or otherwise, restrained, hindered, interfered
with or prevented another promoter, club, association or booking
agent, or has attempted, either within or without this state, in
any such manner to restrain, hinder, interfere with or prevent
another promoter, club, association or booking agent from
presenting any boxing match or exhibition within or without the state of West Virginia;
(q) Has, either within or without this state, engaged,
directly or indirectly, in restraints or monopolies or taken any
action tending to create or establish restraints or monopolies or
conspired with others to restrain any person or persons from
participating or competing in any boxing match or exhibition for
any promoter, club, association or booking agent.
§29-5A-24. Rules and regulations governing contestants and
matches.
(a) The commission shall promulgate its rules in compliance
with the provisions of article three of chapter twenty-nine-a of
this code.
(b) The commission shall promulgate such rules as it
determines to be necessary to regulate professional and
semiprofessional boxers, and professional and semiprofessional
boxing matches and exhibitions. For full contact boxing and other
boxing events that follow nontraditional rules, rules guaranteeing
the safety of the participants and the fair and honest conducting
of the matches or exhibitions are authorized.
(c) The commission shall promulgate separate rules for
amateur boxers and amateur boxing, sparring matches and
exhibitions as follows:
(1) Rules which comply with the requirements of the rules of
the current United States amateur boxing authority to the extent
that any boxer complying with them will be eligible to participate
in any state, national or international boxing match sanctioned by the current United States amateur boxing authority or the
international amateur boxing association.
(2) Rules which may differ from the rules of the current
United States amateur boxing authority but which adequately
guarantee the safety of the participants and the fair and honest
conducting of the matches or exhibitions. As a part of these
rules, the commission shall include a requirement that all boxers
participating in matches or exhibitions conducted under these
rules be informed prior to such participation that such
participation will disqualify them from participating in state,
national or international matches and exhibitions sanctioned by
the current United States amateur boxing authority or the
international amateur boxing association.
(d) All rules promulgated by the State Athletic Commission
and in effect on the thirtieth day of June, two thousand eight,
shall remain in full force and effect until suspended or except as
amended or repealed, in accordance with the provisions of this
article.
ARTICLE 22. STATE LOTTERY GAMING ACT.
§29-22-1. Short title.
This article shall be known and may be cited as the "State
Lottery Gaming Act."
§29-22-2. Legislative findings and intent.
The Legislature finds and declares that the purpose of this
article is to established and implement a state-operated lottery under administer and regulate all legal gaming activities
including, but not limited to, pari-mutuel racing activities under
provisions of article twenty-three, chapter nineteen of this code,
state-owned lotteries under this article, regulation of racetrack
video article twenty-two-a of this chapter, regulation of limited
video lottery games under article twenty-two-b of this chapter,
regulation of West Virginia lottery racetrack table games under
article twenty-two-c of this chapter, regulation of one limited
gaming facility under article twenty-five, chapter twenty-nine of
this chapter, and charitable gaming under articles twenty, twenty-
one and twenty-three, chapter forty-seven of this code, under the
supervision of the state lottery gaming commission and the
director of the state lottery office gaming agency who shall be
appointed by the governor and hold broad authority to administer
and regulate the system legal gaming in a manner which will
provide the state with a highly efficient operation.
The Legislature also finds and declares that the purpose of
this article is to regulate the sport of boxing under the
supervision of the State Gaming Commission and the Director of the
State Gaming Agency
§29-22-3. Definitions.
(a) "State lottery gaming commission" or "commission" means
the state lottery gaming commission created by this article.
(b) "Director" means the individual appointed by the governor
to provide management and administration necessary to direct the
state lottery office State Gaming Agency.
(c) "Lottery" means the public gaming systems or games
established and operated by the state lottery office gaming
agency.
(d) "Lottery tickets" or "tickets" means tickets or other
tangible evidence of participation used in lottery games or gaming
systems.
(e) "Agency" means the State Gaming Agency created in section
six of this article.
§29-22-4. State Gaming Commission created; composition;
qualifications; appointment; terms of office;
chairman's removal; vacancies; compensation and
expenses; quorum, oath and bond.
(a) There is hereby created a state lottery commission State
Gaming Commission which shall consist of seven members, all
residents and citizens of the state, one who shall be a lawyer,
one who shall be a certified public accountant, one who shall be
a computer expert, one who shall have not less than five years
experience in law enforcement, one who shall have not less than
five years experience in agriculture or veterinary medicine, and
one who shall be qualified by experience and training in the field
of marketing. The two remaining members member shall be
representative of the public at large. The commission shall carry
on a continuous study and investigation of the lottery gambling
and boxing activities throughout the state and advise and assist
the director of the state lottery. The commission members shall be appointed by the governor, by and with the advice and consent
of the Senate, no later than the first day of July, one thousand
nine hundred eighty-five. The terms of members first appointed
expire as designated by the governor at the time of appointment:
One at the end of one year; two at the end of two years; one at
the end of three years; two at the end of four years; and one at
the end of five years. Upon the reenactment of this article as
the State Gaming Act, the existing members of the lottery
commission then serving shall be reappointed for the remainder of
their respective terms, and one of the two at-large members will
become the member whose background must be in agriculture or
veterinary medicine. Upon the effective date of this section, As
vacancies occur, appointments to fill vacancies shall be made so
that at least two members are appointed from each congressional
district existing as of the first day of January, one two thousand
eight. nine hundred ninety-three No more than four members of
such commission shall belong to the same political party. Members
serve overlapping terms of five years and are eligible for
successive appointments to the commission. On the first day of
July of each year, the commission shall select a chairman from its
membership. The governor Governor may remove any commission
member for cause, notwithstanding the provisions of section four,
article six, chapter six of this code. Vacancies shall be filled
in the same manner as the original appointment but only for the
remainder of the term. No person convicted of a felony or crime
involving moral turpitude shall be eligible for appointment nor appointed as a commissioner.
(b) The board agency shall pay each member the same
compensation as is paid to members of the Legislature for their
interim duties as recommended by the citizens legislative
compensation commission and authorized by law for each day or
portion thereof engaged in the discharge of official duties and
shall reimburse each member for actual and necessary expenses
incurred in the discharge of official duties: Provided, That the
per mile rate to be reimbursed shall be the same rate as
authorized for members of the Legislature. All such payments
shall be made from the state lottery fund nonappropriated special
account created in section eight-a of this article.
(c) At least one meeting per month shall be held by the
commission. Additional meetings may be held at the call of the
chairman, director or majority of the commission members.
(d) A majority of the appointed members constitutes a quorum
for the transaction of business, and all actions require a
majority vote of the members present.
(e) Before entering upon the discharge of the duties as
commissioner, each commissioner shall take and subscribe to the
oath of office prescribed in section five, article IV of the
constitution Consititution of West Virginia and shall enter into
a bond in the penal sum of one hundred thousand dollars with a
corporate surety authorized to engage in business in this state,
conditioned upon the faithful discharge and performance of the
duties of the office. The executed oath and bond shall be filed in the office of the secretary of state Secretary of State.
§29-22-5. State lottery commission Gaming Commission; powers and
duties with respect to lotteries; cooperation of
other agencies; jurisdiction over horse and dog
racing meetings.
(a) The commission shall have the authority to:
(1) Promulgate rules in accordance with chapter twenty-nine-a
of this code: Provided, That those rules promulgated by the
commission that are necessary to begin the lottery games selected
shall be exempted from the provisions of chapter twenty-nine-a of
this code in order that the selected games may commence as soon as
possible;
(2) Establish rules for conducting lottery games, a manner of
selecting the winning tickets and manner of payment of prizes to
the holders of winning tickets;
(3) Select the type and number of public gaming systems or
games, to be played in accordance with the provisions of this
article;
(4) Contract, if deemed desirable, with the educational
broadcasting authority to provide services through its microwave
interconnection system to make available to public broadcasting
stations servicing this state, and, at no charge, for rebroadcast
to commercial broadcasting stations within this state, any public
gaming system or games drawing;
(5) Enter into interstate and international lottery agreements with other states in foreign countries or any
combination of one or more state and one or more foreign
countries;
(6) Adopt an official seal;
(7) Maintain a principal office, and, if necessary, regional
suboffices at locations properly designated or provided;
(8) Prescribe a schedule of fees and charges;
(9) Sue and be sued;
(10) Lease, rent, acquire, purchase, own, hold, construct,
equip, maintain, operate, sell, encumber and assign rights of any
property, real or personal, consistent with the objectives of the
commission as set forth in this article;
(11) Designate one of the deputy directors to serve as acting
director during the absence of the director;
(12) Hold hearings on any matter of concern to the commission
relating to the lottery, subpoena witnesses, administer oaths,
take testimony, require the production of evidence and documentary
evidence and designate hearing examiners and employees to so act;
and
(13) To make and enter into all agreements and do all acts
necessary or incidental to the performance of its duties and the
exercise of its powers under this article.
(b) Departments, boards, commissions or other agencies of
this state shall provide assistance to the state lottery office
gaming agency upon the request of the director.
(c) Upon the request of the deputy director for the security and licensing division in conjunction with the director, the
attorney general, department of public safety the West Virginia
state police and all other law-enforcement agencies shall furnish
to the director and the deputy director such information as may
tend to assure the security, honesty, fairness and integrity in
the operation and administration of the lottery as they may have
in their possession, including, but not limited to, manual or
computerized information and data. The director is to designate
such employees of the security and licensing division as may be
necessary to act as enforcement agents. Such agents are
authorized to investigate complaints made to the commission or the
state lottery office agency concerning possible violation of the
provisions of this article and determine whether to recommend
criminal prosecution. If it is determined that action is
necessary, an agent, after approval of the director, is to make
such recommendation to the prosecuting attorney in the county
wherein the violation occurred or to any appropriate law-
enforcement agency.
(d) As stated in article twenty-three, chapter nineteen of
this code, the commission and the director shall have full
jurisdiction over and shall supervise all horse race meetings, all
dog race meetings and all persons involved in the holding or
conducting of horse or dog race meetings, and, in this regard, it
shall have plenary power and authority:
(1) To investigate applicants and determine the eligibility
of the applicants for a license or permit or construction permit under the provisions of article twenty-three, chapter nineteen of
this code;
(2) To fix, from time to time, the annual fee to be paid to
the commission for any permit required under the provisions of
section two of article twenty-three, chapter nineteen of this
code;
(3) To promulgate procedural, interpretive, and legislative
rules clarifying, explaining, implementing and making effective
the provisions of article twenty-three, chapter nineteen of this
code and the powers and authority conferred and the duties imposed
upon the commission under the provisions of said article twenty-
three, including, but not limited to, reasonable rules under which
all horse races, dog races, horse race meetings and dog race
meetings shall be held and conducted, which rules shall be
promulgated in accordance with the provisions of article three,
chapter twenty-nine-a of this code;
(4) To register colors and assumed names and to fix, from
time to time, the annual fee to be paid to the commission under
article twenty-three of said chapter nineteen for any such
registration;
(5) To fix and regulate the minimum purse to be offered
during any horse or dog race meeting;
(6) To fix a minimum and a maximum number of horse races or
dog races to be held on any respective racing day;
(7) To enter the office, horse racetrack, dog racetrack,
kennel, facilities and other places of business of any licensee to determine whether the provisions of article twenty-three of said
chapter nineteen and its reasonable rules are being complied with,
and for this purpose, the commission, its director and
representatives and employees of the gaming agency may visit,
investigate and have free access to any such office, horse
racetrack, dog racetrack, kennel, facilities and other places of
business;
(8) To investigate alleged violations of the provisions of
this article twenty-three, chapter nineteen of this code, its
reasonable rules, orders and final decisions and to take
appropriate disciplinary action against any licensee or permit
holder or construction permit holder for the violation thereof or
institute appropriate legal action for the enforcement thereof or
take such disciplinary action and institute such legal action;
(9) By reasonable rules, to authorize stewards, starters and
other racing officials to impose reasonable fines or other
sanctions upon any person connected with or involved in any horse
or dog racing or any horse or dog race meeting; and to authorize
stewards to rule off the grounds of any horse or dog racetrack any
tout, bookmaker or other undesirable individual deemed inimical to
the best interests of horse and dog racing or the pari-mutuel
system of wagering in connection therewith;
(10) To require at any time the removal of any racing
official or racing employee of any licensee, for the violation of
any provision of this article, any reasonable rule of the
commission or for any fraudulent practice;
(11) To acquire, establish, maintain and operate, or to
provide by contract for the maintenance and operation of, a
testing laboratory and related facilities, for the purpose of
conducting saliva, urine and other tests on the horse or dog or
horses or dogs run or to be run in any horse or dog race meeting,
and to purchase or lease all equipment and supplies deemed
necessary or desirable in connection with the acquisition,
establishment, maintenance and operation of any such testing
laboratory and related facilities and all such tests;
(12) To hold up, in any disputed horse or dog race, the
payment of any purse, pending a final determination of the results
thereof;
(13) To require each licensee under article twenty-three of
said chapter nineteen to file an annual balance sheet and profit
and loss statement pertaining to the licensee's horse or dog
racing activities in this state, together with a list of each
licensee's stockholders or other persons having any beneficial
interest in the horse or dog racing activities of the licensee;
(14) To issue subpoenas for the attendance of witnesses and
subpoenas duces tecum for the production of any books, records and
other pertinent documents, and to administer oaths and
affirmations to such witnesses, whenever, in the judgment of the
commission, it is necessary to do so for the effective discharge
of its duties under the provisions of this article and article
twenty-three of said chapter nineteen;
(15) To keep accurate and complete records of its proceedings and to certify the same as may be appropriate;
(16) To take such other action as may be reasonable or
appropriate to effectuate the provisions of article twenty-three
of said chapter nineteen and this article as it applies to said
article twenty-three and its reasonable rules;
(17) To provide breeders' awards, purse supplements and
moneys for capital improvements at racetracks in compliance with
section thirteen-b, article twenty-three of said chapter nineteen;
and
(18) The commission may, upon request of a party, mediate on
site, a dispute existing between the race track licensees' located
in this state and representatives of a majority of the horse
owners and trainers licensed at the track, which threaten to
disrupt any scheduled racing event or events. The commission may,
upon the request of a party, mediate on site, a dispute existing
between racetrack licensees and representatives of pari-mutuel
clerks which threaten to disrupt any scheduled racing event or
events. When a request for mediation is made, the commission may
designate a person to act as mediator in each such dispute that
arises. Each opposing party involved in any dispute shall
negotiate in good faith with the goal of reaching a fair and
mutual resolution. The mediator may issue recommendations
designed to assist each side toward reaching a fair compromise:
Provided, That no owner or operator of any horse owner or trainer
or any pari-mutuel clerk licensed at the track may be required to
abide by any recommendation made by any mediator acting pursuant to this subsection.
(19) The commission shall not interfere in the internal
business or internal affairs of any licensee.
(e) As stated in articles twenty, twenty-one and twenty-
three, chapter forty-seven of this code, the commission and the
director shall have full jurisdiction over and shall supervise
charitable bingo gaming and charitable raffle gaming.
(1) Investigators employed by the commission, when designated
by the director, shall have all the lawful powers delegated to
members of the West Virginia state police, except the power to
carry firearms and shall have the authority to enforce the
provisions of this article, article twenty-three, chapter
nineteen, articles twenty-two-a, twenty-two-b, twenty-two-c and
twenty-five of this chapter, and articles twenty, twenty-one and
twenty-three, chapter forty-seven of this code, and the criminal
provisions of any other article of this code to which this article
applies, in any county or municipality of this state. The
director shall establish such additional standards as he or she
considers applicable or necessary. Any employee shall, before
entering upon the discharge of his or her duties, execute a bond
with security in the sum of three thousand five hundred dollars,
payable to the state of West Virginia, conditioned for the
faithful performance of the employee's duties and the bond shall
be approved as to form by the attorney general and shall be filed
with the secretary of state for preservation in that office. The
West Virginia state police, any county sheriff or deputy sheriff and any municipal police officer upon request by the director is
hereby authorized to assist the director in enforcing the
provisions of this article, article twenty-three, chapter
nineteen, articles twenty-two-a, twenty-two-b, twenty-two-c and
twenty-five of this chapter, and articles twenty, twenty-one and
twenty-three, chapter forty-seven of this code, and any criminal
penalty provision of any article of this code to which this
article applies.
(2) Notwithstanding the provisions of article three, chapter
seventeen-a of this code, upon application by the director and
payment of fees, the commissioner of motor vehicles shall issue a
maximum of six Class A license plates to be used on state owned or
leased vehicles assigned to investigators employed by the
commission.
(f) As stated in article five-a of this chapter, the
commission and the director shall have full jurisdiction over and
shall supervise the sport of boxing.
§29-22-6. Director; appointment; qualifications; oath and bond;
salary.
(a) There is hereby created the position of the lottery
Director of the State Gaming Agency whose duties include the
management and administration of the state lottery office gaming
agency. The director shall be qualified by training and
experience to direct the operations and regulatory oversight of
the lottery agency, and shall be appointed within ninety days of
the effective date of this article by the governor and shall serve at the will and pleasure of the governor. No person shall be
appointed as director who has been convicted of a felony or crime
involving moral turpitude. On the effective date of the
reenactment of this section in the year two thousand eight, the
person appointed to be the Director of the State Lottery Office
shall continue in office as the Director of the State Gaming
Agency until a successor is appointed and qualified.
(b) The director serves on a full-time basis and may not be
engaged in any other profession or occupation.
(c) The director:
(1) Shall have a good reputation, particularly as a person of
honesty and integrity, and shall favorably pass a thorough
background investigation prior to appointment;
(2) The director shall not hold any other political office in
the government of the state either by election or appointment
while serving as director;
(3) The director shall be a citizen of the United States and
must become a resident of the state within ninety days of
appointment.
(4) The director shall receive an annual salary as provided
for by the governor Governor; and
(5) The director and his or her executive secretary are
ineligible for civil service coverage as provided in section four,
article six, chapter twenty-nine of this code.
(d) Before entering upon the discharge of the duties as
director, the director shall take and subscribe to the oath of office prescribed in section 5, article IV of the constitution
Constitution of West Virginia and shall enter into a bond in the
penal sum of one hundred thousand dollars with a corporate surety
authorized to engage in business in this state, conditioned upon
the faithful discharge and performance of the duties of the
office. The executed oath and bond shall be filed in the office
of the secretary of state.
§29-22-7. Divisions of the state gaming agency.
There shall be established within the state lottery office
State Gaming Agency a security and licensing racing division; a
personnel, data processing, accounting and administration and a
marketing, education and information charitable gaming division,
a boxing division and such other divisions as the commission from
time to time may authorize. Each division shall be under the
supervision of a deputy director who shall administer and
coordinate the operation of authorized activities in the
respective division. Each deputy director shall have had three
years management experience in areas pertinent to his prospective
responsibilities and an additional three years of experience in
the same field.
§29-22-8. Director; powers and duties; deputy directors; hiring
of staff; civil service coverage.
(a) The director shall have the authority to:
(1) Appoint, with the approval of the commission, a deputy
director for each of the divisions established in this article and by the commission. The deputy directors of the divisions
specifically named in section seven of this article shall serve at
the will and pleasure of the director at an annual salary
established by the director and approved by the commission.
Deputy directors of the divisions specifically named in
section seven of this article shall not be eligible for civil
service coverage as provided in section four, article six, chapter
twenty-nine of this code;
(2) The director shall hire pursuant to the approval of the
commission, such professional, clerical, technical and
administrative personnel as may be necessary to carry out the
provisions of this article as well as article twenty three,
chapter nineteen of this code, articles five-a, twenty-two-a,
twenty two-b, twenty-two-c and twenty five of this chapter, and
articles twenty, twenty-one and twenty-three, chapter forty-seven
of this code. No person shall be employed by the lottery agency
who has been convicted of a felony or other crime involving moral
turpitude. Each person employed by the commission agency shall
execute an authorization to allow an investigation of that
person's background;
(3) Designate the number and types of locations at which
lottery tickets may be sold or authorized games may be played.
(b) Effective the first day of July, one thousand nine
hundred eighty-six, All employees of the commission, except as
otherwise provided herein in this article, in section two-b,
article nine, chapter eleven of this code, in section five, article twenty-three, chapter nineteen of this code and in
articles twenty, twenty-one and twenty-three, chapter forty-seven
of this code, shall be in the classified service under the
provisions of article six, chapter twenty-nine of this code.
(c) The director shall, pursuant to the approval of the
commission, prepare and submit the annual proposed appropriations
for the commission to the governor.
§29-22-8a. Special account for administration of the State Gaming
Agency.
(a) There is hereby created in the state treasury a
nonappropriated special account to be named the "State Gaming
Agency - Administrative Account." The Director shall transfer
administrative allowances from the following sources into the
account:
(1) The administrative allowance in subsection (c), section
two-b, article nine, chapter eleven of this code;
(2) The administrative allowance in section eleven, article
twenty-three, chapter nineteen of this code;
(3)The administrative allowance in subsection (d), section
eighteen, article twenty-two, chapter twenty-nine of this code;
(4) The administrative allowance in subsection (b), section
ten, article twenty-two-a, chapter twenty-nine of this code;
(5) The administrative allowance in subdivision (1),
subsection (a), section fourteen hundred eight, article twenty-
two-b, chapter twenty-nine of this code;
(6) The administrative allowance in subsection (d), section twenty-seven, article twenty-two-c, chapter twenty-nine of this
code; and
(7)The administrative allowance in subsection (b), section
twenty-two, article twenty-five, chapter twenty-nine of this code.
(b) Not withstanding any requirement or limitation within any
of the sections of this code stated in subdivisions one through
seven, subdivision (a) of this section, the director shall expend
money from collections from the account created by subsection (a)
of this section for the expenses of the State Gaming Agency.
(c) At the close of each fiscal year, any unencumbered and
undesignated balance in the account shall be returned as surplus
to the various funds from which the account received transfers.
§29-22-19. Post audit of accounts and transactions of office.
Before the first day of July, two thousand one and at least
every two fiscal years thereafter, the legislative auditor shall
conduct a post audit of all accounts and transactions of the state
lottery office State Gaming Agency. The cost of the audit shall
be paid out of the state lottery gaming fund moneys designated for
payment of operating expenses. The commission shall have an
annual audit performed by an independent certified public
accountant, and the audits may be accepted by the legislative
auditor in lieu of performance of its post audit.
§29-22-26. Continuation of state lottery commission.
After having conducted a performance audit through its joint
committee on government operations, pursuant to section nine [§4-10-
9], article ten, chapter four of this code, the Legislature hereby finds and declares that the state lottery commission should be
continued and reestablished. Accordingly, notwithstanding the
provisions of section four [§4-10-4], article ten, chapter four of
this code, the state lottery commission shall continue to exist until
the first day of July, two thousand six.
§29-22A-3a. Additional definitions.
(a) The terms "commission," "state lottery commission," and
"West Virginia lottery commission" as used in this article shall,
after the thirtieth day of June, two thousand eight, mean the
State Gaming Commission created by article twenty-two of this
chapter.
(b) The term "director" as used in this article shall, after
the thirtieth day of June, two thousand eight, mean the individual
appointed by the governor to provide management and administration
necessary to direct the State Gaming Agency.
(c) The term "lottery office" as used in this article shall,
after the thirtieth day of June, two thousand eight, mean the
State Gaming Agency.
(d) The terms "racing commission" and "West Virginia Racing
Commission" as used in this article shall, after the thirtieth day
of June, two thousand eight, mean the State Gaming Commission.
§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.
(a) The commission shall provide to manufacturers, or
applicants applying for a manufacturer's permit, the protocol
documentation data necessary to enable the respective
manufacturer's video lottery terminals to communicate with the
commission's central computer for transmitting auditing program
information and for activation and disabling of video lottery
terminals.
(b) The gross terminal income of a licensed racetrack shall
be remitted to the commission through the electronic transfer of
funds. Licensed racetracks shall furnish to the commission all
information and bank authorizations required to facilitate the
timely transfer of moneys to the commission. Licensed racetracks
must provide the commission thirty days' advance notice of any
proposed account changes in order to assure the uninterrupted
electronic transfer of funds. From the gross terminal income
remitted by the licensee to the commission, the commission shall
deduct an amount sufficient to reimburse the commission for its
actual costs and expenses incurred in administering racetrack
video lottery at the licensed racetrack, and the resulting amount
after the deduction is the net terminal income. The amount
deducted for administrative costs and expenses of the commission may not exceed four percent of gross terminal income: Provided,
That any amounts deducted by the commission for its actual costs
and expenses that exceeds its actual costs and expenses shall be
deposited into the state lottery fund. For the fiscal years ending
the thirtieth day of June, two thousand six, two thousand seven,
two thousand eight, two thousand nine, two thousand ten and two
thousand eleven, the term "actual costs and expenses" shall
include transfers of no more than twenty million dollars in any
year to the Revenue Center Construction Fund created by subsection
(l), section eighteen, article twenty-two of this chapter for the
purpose of constructing a state office building. For all fiscal
years beginning on or after the first day of July, two thousand
one, the commission shall not receive an amount of gross terminal
income in excess of the amount of gross terminal income received
during the fiscal year ending on the thirtieth day of June, two
thousand one, but four percent of any amount of gross terminal
income received in excess of the amount of gross terminal income
received during the fiscal year ending on the thirtieth day of
June, two thousand one, shall be deposited into the fund
established in section eighteen-a, article twenty-two of this
chapter.
(c) Net terminal income shall be divided as set out in this
subsection. For all fiscal years beginning on or after the first
day of July, two thousand one, any amount of net terminal income
received in excess of the amount of net terminal income received
during the fiscal year ending on the thirtieth day of June, two thousand one, shall be divided as set out in section ten-b of this
article. The licensed racetrack's share is in lieu of all lottery
agent commissions and is considered to cover all costs and
expenses required to be expended by the licensed racetrack in
connection with video lottery operations. The division shall be
made as follows:
(1) The commission shall receive thirty percent of net
terminal income, which shall be paid into the state lottery fund
as provided in section ten-a of this article;
(2) Until the first day of July, two thousand five, fourteen
percent of net terminal income at a licensed racetrack shall be
deposited in the special fund established by the licensee, and
used for payment of regular purses in addition to other amounts
provided for in article twenty-three, chapter nineteen of this
code, on and after the first day of July, two thousand five, the
rate shall be seven percent of net terminal income;
(3) The county where the video lottery terminals are located
shall receive two percent of the net terminal income: Provided,
That:
(A) Beginning the first day of July, one thousand nine
hundred ninety-nine, and thereafter, any amount in excess of the
two percent received during the fiscal year one thousand nine
hundred ninety-nine by a county in which a racetrack is located
that has participated in the West Virginia thoroughbred
development fund since on or before the first day of January, one
thousand nine hundred ninety-nine shall be divided as follows:
(i) The county shall receive fifty percent of the excess
amount; and
(ii) The municipalities of the county shall receive fifty
percent of the excess amount, said fifty percent to be divided among
the municipalities on a per capita basis as determined by the most
recent decennial United States census of population; and
(B) Beginning the first day of July, one thousand nine hundred
ninety-nine, and thereafter, any amount in excess of the two percent
received during the fiscal year one thousand nine hundred ninety-
nine by a county in which a racetrack other than a racetrack
described in paragraph (A) of this proviso is located and where the
racetrack has been located in a municipality within the county since
on or before the first day of January, one thousand nine hundred
ninety-nine shall be divided, if applicable, as follows:
(i) The county shall receive fifty percent of the excess
amount; and
(ii) The municipality shall receive fifty percent of the
excess amount; and
(C) This proviso shall not affect the amount to be received
under this subdivision by any other county other than a county
described in paragraph (A) or (B) of this proviso;
(4) One percent of net terminal income shall be paid for and
on behalf of all employees of the licensed racing association by
making a deposit into a special fund to be established by the racing
commission to be used for payment into the pension plan for all
employees of the licensed racing association;
(5) The West Virginia thoroughbred development fund created
under section thirteen-b, article twenty-three, chapter nineteen of
this code and the West Virginia greyhound breeding development fund
created under section ten of said article shall receive an equal
share of a total of not less than one and one-half percent of the
net terminal income;
(6) The West Virginia racing commission shall receive deposit
one percent of the net terminal income which shall be deposited and
used as provided in section thirteen-c, article twenty-three,
chapter nineteen of this code.
(7) A licensee shall receive forty-six and one-half percent
of net terminal income.
(8)(A) The tourism promotion fund established in section
twelve, article two, chapter five-b of this code shall receive three
percent of the net terminal income: Provided, That for the fiscal
year beginning the first day of July, two thousand three, the
tourism commission shall transfer from the tourism promotion fund
five million dollars of the three percent of the net terminal income
described in this section and section ten-b of this article into the
fund administered by the West Virginia economic development
authority pursuant to section seven, article fifteen, chapter
thirty-one of this code, five million dollars into the capitol
renovation and improvement fund administered by the department of
administration pursuant to section six, article four, chapter five-a
of this code and five million dollars into the tax reduction and
federal funding increased compliance fund; and
(B) Notwithstanding any provision of paragraph (A) of this
subdivision to the contrary, for each fiscal year beginning after
the thirtieth day of June, two thousand four, this three percent of
net terminal income and the three percent of net terminal income
described in paragraph (B), subdivision (8), subsection (a), section
ten-b of this article shall be distributed as provided in this
paragraph as follows:
(i) 1.375 percent of the total amount of net terminal income
described in this section and in section ten-b of this article shall
be deposited into the tourism promotion fund created under section
twelve, article two, chapter five-b of this code;
(ii) 0.375 percent of the total amount of net terminal income
described in this section and in section ten-b of this article shall
be deposited into the development office promotion fund created
under section three-b, article two, chapter five-b of this code;
(iii) 0.5 percent of the total amount of net terminal income
described in this section and in section ten-b of this article shall
be deposited into the research challenge fund created under section
ten, article one-b, chapter eighteen-b of this code;
(iv) 0.6875 percent of the total amount of net terminal income
described in this section and in section ten-b of this article shall
be deposited into the capitol renovation and improvement fund
administered by the department of administration pursuant to section
six, article four, chapter five-a of this code; and
(v) 0.0625 percent of the total amount of net terminal income
described in this section and in section ten-b of this article shall be deposited into the 2004 capitol complex parking garage fund
administered by the department of administration pursuant to section
five-a, article four, chapter five-a of this code;
(9)(A) On and after the first day of July, two thousand five,
seven percent of net terminal income shall be deposited into the
workers' compensation debt reduction fund created in section five,
article two-d, chapter twenty-three of this code: Provided, That in
any fiscal year when the amount of money generated by this
subdivision totals eleven million dollars, all subsequent
distributions under this subdivision shall be deposited in the
special fund established by the licensee and used for the payment
of regular purses in addition to the other amounts provided for in
article twenty-three, chapter nineteen of this code;
(B) The deposit of the seven percent of net terminal income
into the worker's compensation debt reduction fund pursuant to this
subdivision shall expire and not be imposed with respect to these
funds and shall be deposited in the special fund established by the
licensee and used for payment of regular purses in addition to the
other amounts provided for in article twenty-three, chapter nineteen
of this code, on and after the first day of the month following the
month in which the governor certifies to the legislature that: (i)
The revenue bonds issued pursuant to article two-d, chapter twenty-
three of this code, have been retired or payment of the debt service
provided for; and (ii) that an independent certified actuary has
determined that the unfunded liability of the old fund, as defined
in chapter twenty-three of this code, has been paid or provided for in its entirety; and
(10) The remaining one percent of net terminal income shall
be deposited as follows:
(A) For the fiscal year beginning the first day of July, two
thousand three, the veterans memorial program shall receive one
percent of the net terminal income until sufficient moneys have been
received to complete the veterans memorial on the grounds of the
state capitol complex in Charleston, West Virginia. The moneys shall
be deposited in the state treasury in the division of culture and
history special fund created under section three, article one-I,
chapter twenty-nine of this code: Provided, That only after
sufficient moneys have been deposited in the fund to complete the
veterans memorial and to pay in full the annual bonded indebtedness
on the veterans memorial, not more than twenty thousand dollars of
the one percent of net terminal income provided for in this
subdivision shall be deposited into a special revenue fund in the
state treasury, to be known as the "John F. 'Jack' Bennett Fund".
The moneys in this fund shall be expended by the division of
veterans affairs to provide for the placement of markers for the
graves of veterans in perpetual cemeteries in this state. The
division of veterans affairs shall promulgate legislative rules
pursuant to the provisions of article three, chapter twenty-nine-a
of this code specifying the manner in which the funds are spent,
determine the ability of the surviving spouse to pay for the
placement of the marker and setting forth the standards to be used
to determine the priority in which the veterans grave markers will be placed in the event that there are not sufficient funds to
complete the placement of veterans grave markers in any one year,
or at all. Upon payment in full of the bonded indebtedness on the
veterans memorial, one hundred thousand dollars of the one percent
of net terminal income provided for in this subdivision shall be
deposited in the special fund in the division of culture and history
created under section three, article one-I, chapter twenty-nine of
this code and be expended by the division of culture and history to
establish a West Virginia veterans memorial archives within the
cultural center to serve as a repository for the documents and
records pertaining to the veterans memorial, to restore and maintain
the monuments and memorial on the capitol grounds: Provided,
however, That five hundred thousand dollars of the one percent of
net terminal income shall be deposited in the state treasury in a
special fund of the department of administration, created under
section five, article four, chapter five-a of this code, to be used
for construction and maintenance of a parking garage on the state
capitol complex; and the remainder of the one percent of net
terminal income shall be deposited in equal amounts in the capitol
dome and improvements fund created under section two, article four,
chapter five-a of this code and cultural facilities and capitol
resources matching grant program fund created under section three,
article one of this chapter.
(B) For each fiscal year beginning after the thirtieth day of
June, two thousand four:
(i) Five hundred thousand dollars of the one percent of net terminal income shall be deposited in the state treasury in a
special fund of the department of administration, created under
section five, article four, chapter five-a of this code, to be used
for construction and maintenance of a parking garage on the state
capitol complex; and
(ii) The remainder of the one percent of net terminal income
and all of the one percent of net terminal income described in
paragraph (B), subdivision (9), subsection (a), section ten-b of
this article twenty-two-a shall be distributed as follows: The net
terminal income shall be deposited in equal amounts into the capitol
dome and capitol improvements fund created under section two,
article four, chapter five-a of this code and the cultural
facilities and capitol resources matching grant program fund created
under section three, article one, chapter twenty-nine of this code
until a total of one million five hundred thousand dollars is
deposited into the cultural facilities and capitol resources
matching grant program fund; thereafter, the remainder shall be
deposited into the capitol dome and capitol improvements fund.
(d) Each licensed racetrack shall maintain in its account an
amount equal to or greater than the gross terminal income from its
operation of video lottery machines, to be electronically
transferred by the commission on dates established by the
commission. Upon a licensed racetrack's failure to maintain this
balance, the commission may disable all of a licensed racetrack's
video lottery terminals until full payment of all amounts due is
made. Interest shall accrue on any unpaid balance at a rate consistent with the amount charged for state income tax delinquency
under chapter eleven of this code. The interest shall begin to
accrue on the date payment is due to the commission.
(e) The commission's central control computer shall keep
accurate records of all income generated by each video lottery
terminal. The commission shall prepare and mail to the licensed
racetrack a statement reflecting the gross terminal income generated
by the licensee's video lottery terminals. Each licensed racetrack
shall report to the commission any discrepancies between the
commission's statement and each terminal's mechanical and electronic
meter readings. The licensed racetrack is solely responsible for
resolving income discrepancies between actual money collected and
the amount shown on the accounting meters or on the commission's
billing statement.
(f) Until an accounting discrepancy is resolved in favor of
the licensed racetrack, the commission may make no credit
adjustments. For any video lottery terminal reflecting a
discrepancy, the licensed racetrack shall submit to the commission
the maintenance log which includes current mechanical meter readings
and the audit ticket which contains electronic meter readings
generated by the terminal's software. If the meter readings and the
commission's records cannot be reconciled, final disposition of the
matter shall be determined by the commission. Any accounting
discrepancies which cannot be otherwise resolved shall be resolved
in favor of the commission.
(g) Licensed racetracks shall remit payment by mail if the electronic transfer of funds is not operational or the commission
notifies licensed racetracks that remittance by this method is
required. The licensed racetracks shall report an amount equal to
the total amount of cash inserted into each video lottery terminal
operated by a licensee, minus the total value of game credits which
are cleared from the video lottery terminal in exchange for winning
redemption tickets, and remit the amount as generated from its
terminals during the reporting period. The remittance shall be
sealed in a properly addressed and stamped envelope and deposited
in the United States mail no later than noon on the day when the
payment would otherwise be completed through electronic funds
transfer.
(h) Licensed racetracks may, upon request, receive additional
reports of play transactions for their respective video lottery
terminals and other marketing information not considered
confidential by the commission. The commission may charge a
reasonable fee for the cost of producing and mailing any report
other than the billing statements.
(i) The commission has the right to examine all accounts, bank
accounts, financial statements and records in a licensed racetrack's
possession, under its control or in which it has an interest and the
licensed racetrack shall authorize all third parties in possession
or in control of the accounts or records to allow examination of any
of those accounts or records by the commission
.
(j) Associations and other non-governmental entities receiving
and distributing money from the commission pursuant to subdivision (1), subsection(b), article twenty-three, chapter nineteen of this
code, subdivisions (2), (5) and (6), subsection (c) of this section
ten and subdivisions (2), (5) and (6), subsection (b), section 10-b
of this article, are subject to the commission's review or post
audit examination of the association's or entity's receipt and
distribution of the money.
ARTICLE 22B. LIMITED VIDEO LOTTERY.
§29-22B-306. Commission or State Gaming Commission defined.
"Commission" or "state lottery commission" means the West
Virginia lottery State Gaming Commission created by article twenty-
two of this chapter.
§29-22B-308. Director defined.
"Director" means the individual appointed by the governor to
provide management and administration necessary to direct the State
lottery office Gaming Agency.
§29-22B-335. West Virginia racing commission defined.
After the thirtieth day of June, two thousand eight, the terms
"West Virginia Racing Commission" and "racing commission" as used
in this article shall mean the State Gaming Commission.
ARTICLE 22C. WEST VIRGINIA LOTTERY RACETRACK TABLE GAMES ACT.
§29-22C-3. Definitions.
(a) Applicability of definitions. -- For the purposes of this
article, the words or terms defined in this section, and any
variation of those words or terms required by the context, have the
meanings ascribed to them in this section. These definitions are applicable unless a different meaning clearly appears from the
context in which the word or term is used.
(b) Terms defined. -
(1) "Adjusted gross receipts" means gross receipts from West
Virginia Lottery table games less winnings paid to patrons wagering
on the racetrack's table games.
(2) "Applicant" means any person who on his or her own behalf,
or on behalf of another, has applied for permission to engage in any
act or activity that is regulated under the provision of this
article for which a license is required by this article or rule of
the commission.
(3) "Application" means any written request for permission to
engage in any act or activity that is regulated under the provisions
of this article submitted in the form prescribed by the commission.
(4) "Background investigation" means a security, criminal and
credit investigation of an applicant who has applied for the
issuance or renewal of a license pursuant to this article, or a
licensee who holds a current license.
(5) "Commission" or "State Lottery Commission" means the West
Virginia Lottery State Gaming Commission created by article twenty-
two of this chapter.
(6) "Complimentary" means a service or item provided at no cost
or at a reduced price.
(7) "Compensation" means any money, thing of value, or
financial benefit conferred or received by a person in return for
services rendered, or to be rendered, whether by that person or another.
(8) "Contested case" means a proceeding before the commission,
or a hearing examiner designated by the commission to hear the
contested case, in which the legal rights, duties, interests or
privileges of specific persons are required by law or Constitutional
right to be determined after a commission hearing, but does not
include cases in which the commission issues a license, permit or
certificate after an examination to test the knowledge or ability
of the applicant where the controversy concerns whether the
examination was fair or whether the applicant passed the examination
and does not include rule making.
(9) "Control" means the authority directly or indirectly to
direct the management and policies of an applicant for a license
issued under this article or the holder of a license issued under
this article.
(10) "Designated gaming area" means one or more specific floor
areas of a licensed racetrack within which the commission has
authorized operation of racetrack video lottery terminals or table
games, or the operation of both racetrack video lottery terminals
and West Virginia Lottery table games.
(11) "Director" means the Director of the West Virginia State
Lottery Commission State Gaming Agency appointed pursuant to section
six, article twenty-two of this chapter.
(12) "Disciplinary action" is an action by the commission
suspending or revoking a license, fining, excluding, reprimanding
or otherwise penalizing a person for violating this article or rules promulgated by the commission.
(13) "Financial interest" or "financially interested" means any
interest in investments, awarding of contracts, grants, loans,
purchases, leases, sales or similar matters under consideration for
consummation by the commission. A member, employee or agent of the
commission will be considered to have a financial interest in a
matter under consideration if any of the following circumstances
exist:
(A) He or she owns one percent or more of any class of
outstanding securities that are issued by a party to the matter
under consideration by the commission; or
(B) He or she is employed by an independent contractor for a
party to the matter under consideration or consummated by the
commission.
(14) "Gaming equipment" means gaming tables, cards, dice,
chips, shufflers, drop boxes or any other mechanical, electronic or
other device, mechanism or equipment or related supplies used or
consumed in the operation of any West Virginia Lottery table game
at a licensed racetrack.
(15) "Gross receipts" means the total of all sums including
valid or invalid checks, currency, tokens, coupons (excluding match
play coupons), vouchers or instruments of monetary value whether
collected or uncollected, received by a racetrack with table games
from table gaming operations at a race track, including all entry
fees assessed for tournaments or other contests.
(16) "Indirect ownership" means an interest a person owns in an entity or in property solely as a result of application of
constructive ownership rules without regard to any direct ownership
interest (or other beneficial interest) in the entity or property.
"Indirect ownership" shall be determined under the same rules
applicable to determining whether a gain or loss between related
parties is recognized for federal income tax purposes.
(17) "Licensed racetrack" means a thoroughbred horse or
greyhound dog racing facility licensed under both article twenty-
two-a of this chapter and article twenty-three, chapter nineteen of
this code.
(18) "License" means any license applied for or issued by the
commission under this article, including, but not limited to:
(A) A license to act as agent of the commission in operating
West Virginia Lottery table games at a licensed racetrack;
(B) A license to supply a racetrack licensed under this article
to operate table games with table gaming equipment or services
necessary for the operation of table games;
(C) A license to be employed at a racetrack licensed under this
article to operate West Virginia Lottery table games when the
employee works in a designated gaming area that has table games or
performs duties in furtherance of or associated with the operation
of table games at the licensed racetrack; or
(D) A license to provide management services under a contract
to a racetrack licensed under this article to operate table games.
(19) "Licensee" means any person who is licensed under any
provision of this article.
(20) "Lottery" means the public gaming systems or games
regulated, controlled, owned and operated by the State Lottery
Gaming Commission in the manner provided by general law, as provided
in this article and in articles twenty-two, twenty-two-a, twenty-
two-b and twenty-five of this chapter.
(21) "Member" means a commission member appointed to the West
Virginia Lottery Commission State Gaming Commission under article
twenty-two of this chapter.
(22) "National criminal history background check system" means
the criminal history record system maintained by the Federal Bureau
of Investigation based on fingerprint identification or any other
method of positive identification.
(23) "Own" means any beneficial or proprietary interest in any
real or personal property, including intellectual property, and also
includes, but is not limited to, any direct or indirect beneficial
or proprietary interest in any business of an applicant or licensee.
(24) "Person" means any natural person, and any corporation,
association, partnership, limited liability company, limited
liability partnership, trust or other entity, regardless of its
form, structure or nature other than a government agency or
instrumentality.
(25) "Player" or "Patron" means a person who plays a racetrack
video lottery game or a West Virginia Lottery table game at a
racetrack licensed under this article to have table games.
(26) "Player's account" means a financial record established
by a licensed racetrack for an individual racetrack patron to which the racetrack may credit winnings and other amounts due to the
racetrack patron and from which the patron may withdraw moneys due
to the patron for purchase of tokens, chips or electronic media or
other purposes.
(27) "Racetrack table games license" means authorization
granted under this article by the commission to a racetrack that is
already licensed under article twenty-two-a of this chapter to
operate racetrack video lottery terminals and holds a valid racing
license granted by the West Virginia Racing Commission commission
pursuant to the provision of article twenty-three, chapter nineteen
of this code, which permits the racetrack as an agent of the
commission for the limited purpose of operation of West Virginia
Lottery table games in one or more designated gaming areas in one
or more buildings owned by the licensed racetrack on the grounds
where live pari-mutuel racing is conducted by the licensee.
(28) "Racetrack Table Games Fund" means the special fund in the
State Treasury created in section twenty-seven of this article.
(29) "Significant influence" means the capacity of a person to
affect substantially (but not control) either, or both, of the
financial and operating policies of another person.
(30) "Supplier" means a person who the commission has
identified under legislative rules of the commission as requiring
a license to provide a racetrack table games licensee with goods or
services to be used in connection with operation of table games.
(31) "Wager" means a sum of money or thing of value risked on
an uncertain occurrence.
(32) "West Virginia Lottery table game" means any game played
with cards, dice or any mechanical, electromechanical or electronic
device or machine for money, credit or any representative of value,
including, but not limited to, baccarat, blackjack, poker, craps,
roulette, wheel of fortune or any variation of these games similar
in design or operation and expressly authorized by rule of the
commission, including multiplayer electronic table games, machines
and devices, but excluding video lottery, punchboards, faro, numbers
tickets, push cards, jar tickets, pull tabs or similar games.
(33) "Winnings" means the total cash value of all property or
sums including currency, tokens, or instruments of monetary value
paid to players as a direct result of wagers placed on West Virginia
Lottery table games.
ARTICLE 25. AUTHORIZED GAMING FACILITY.
§29-25-2a. Additional definitions.
The terms "commission," "lottery commission", "state lottery
commission" and "West Virginia lottery commission" as used in this
article shall mean the State Gaming Commission created in article
twenty-two of this chapter, and the terms "director" and "director
of the lottery office" shall mean the Director of the State Gaming
Agency.
CHAPTER 47. REGULATION OF TRADE.
ARTICLE 20. CHARITABLE BINGO.
§47-20-1a. Powers and duties transferred to State Gaming
Commission.
Effective the first day of July, two thousand eight, the powers
and duties of the Tax Commissioner under this article, including,
but not limited to, the Tax Commissioner's authority to investigate
and audit for compliance with this article are transferred to the
State Gaming Commission created in article twenty-two, chapter
twenty-nine of this code, and, as delegated by the commission, to
the Director of the State Gaming Agency.
§47-20-1b. Effect of transfer on existing rules, licenses and
permits.
(a) All rules promulgated by the Tax Commissioner and in effect
on the effective date of section one-a of this article shall remain
in full force and effect until superseded, or except as amended or
repealed, in accordance with the provisions of this article.
(b) Any license or permit issued by the Tax Commissioner under
the provisions of this article prior to the first day of July, two
thousand eight, which has not expired and which had not been
suspended or revoked prior to the first day of July, two thousand
eight shall remain valid until the expiration thereof, unless such
license or permit is sooner suspended or revoked in accordance with
the provisions of this article.
ARTICLE 21. CHARITABLE RAFFLES.
§47-21-1a. Powers and duties transferred to State Gaming
Commission.
Effective the first day of July, two thousand eight, the powers
and duties of the Tax Commissioner under this article, including, but not limited to, the Tax Commissioner's authority to investigate
and audit for compliance with this article are transferred to the
State Gaming Commission created in article twenty-two, chapter
twenty-nine of this code, and, as delegated by the commission, to
the Director of the State Gaming Agency.
§47-21-1b. Effect of transfer on existing rules, licenses and
permits.
(a) All rules promulgated by the Tax Commissioner and in effect
on the effective date of section one-a of this article shall remain
in full force and effect until superseded, or except as amended or
repealed, in accordance with the provisions of this article.
(b)Any license or permit issued by the Tax Commissioner under
the provisions of this article prior to the first day of July, two
thousand eight, which has not expired and which had not been
suspended or revoked prior to the first day of July, two thousand
eight shall remain valid until the expiration thereof, unless such
license or permit is sooner suspended or revoked in accordance with
the provisions of this article.
ARTICLE 23. CHARITABLE RAFFLE BOARDS AND GAMES.
§47-23-1a. Powers and duties transferred to State Gaming
Commission.
Effective the first day of July, two thousand eight, the powers
and duties of the Tax Commissioner under this article, including,
but not limited to, the Tax Commissioner's authority to investigate
and audit for compliance with this article are transferred to the State Gaming Commission created in article twenty-two, chapter
twenty-nine of this code, and, as delegated by the commission, to
the Director of the State Gaming Agency.
§47-23-1b. Effect of transfer on existing rules, licenses and
permits.
(a) All rules promulgated by the Tax Commissioner and in effect
on the effective date of section one-a of this article shall remain
in full force and effect until superseded, or except as amended or
repealed, in accordance with the provisions of this article.
(b) Any license or permit issued by the Tax Commissioner under
the provisions of this article prior to the first day of July, two
thousand eight, which has not expired and which had not been
suspended or revoked prior to the first day of July, two thousand
eight shall remain valid until the expiration thereof, unless such
license or permit is sooner suspended or revoked in accordance with
the provisions of this article.
NOTE: The purpose of this bill is to consolidate all gambling-
related functions within the Department of Revenue into a single
gaming commission. The State Gaming Commission would also include
the current state athletic (boxing) commission.
Strike-throughs indicate language that is would be stricken
from current law and underscoring indicates new language that would
be added.
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