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Introduced Version Senate Bill 401 History

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sb401 intr
Senate Bill No. 401

(By Senators Tomblin (Mr. President) and Caruth,

By Request of the Executive)

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[Introduced February 27, 2009; referred to the Committee on Government Organization; and then to the Committee on Finance.]

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A BILL to repeal §11-16-28 of the Code of West Virginia, 1931, as amended; to repeal §19-23-6 and §19-23-30 of said code; to repeal §29-5A-2 of said code; to repeal §29-22-26 of said code; to repeal §60-2-2, §60-2-3, §60-2-7, §60-2-9, §60-2-11, §60-2-12 and §60-2-13 of said code; to amend and reenact §5F-1-3a of said code; to amend and reenact §5F-2-1 of said code; to amend and reenact §6-7-2a of said code; to amend and reenact §11-9-2 and §11-9-2a of said code; to amend said code by adding thereto a new section, designated §11-9-2b; to amend and reenact §11-16-3, §11-16-4 and §11-16-27 of said code; to amend and reenact §11B-1-2 of said code; to amend and reenact §19-23-1, §19-23-2, §19-23-3, §19-23-4, §19-23-5, §19-23-11, §19-23-16, §19-23-17 and §19-23-28 of said code; to amend and reenact §29-5A-1, §29-5A-3, §29-5A-5, §29-5A-14 and §29-5A-24 of said code; to amend and reenact §29-22-1, §29-22-2, §29-22-3, §29-22-4, §29-22-5, §29-22-6, §29-22-7, §29-22-8, §29-22-13 and §29-22-19 of said code; to amend said code by adding thereto a new section, designated §29-22-8a; to amend and reenact §29-22A-3, §29-22A-7 and §29-22A-10 of said code; to amend and reenact §29-22B-306 and §29-22B-308 of said code; to amend said code by adding thereto a new section, designated §29-22B-335; to amend and reenact §29-22C-3 of said code; to amend and reenact §29-25-2 of said code; to amend said code by adding thereto two new sections, designated §47-20-1a and §47-20-1b; to amend and reenact §47-20-2 of said code; to amend said code by adding thereto two new sections, designated §47-21-1a and §47-21-1b; to amend and reenact §47-21-2 of said code; to amend said code by adding thereto two new sections, designated §47-23-1a and §47-23-1b; to amend and reenact §47-23-2 of said code; to amend and reenact §60-1-4 and §60-1-5 of said code; to amend and reenact §60-2-1 of said code; to amend and reenact §60-3A-9 of said code; and to amend said code by adding thereto a new section, designated §60-3A- 32, all relating to the transfer of authority over racing, boxing, charitable bingo, charitable raffle, charitable raffle boards, charitable games and lottery to the State Gaming and Alcohol Control Agency and State Gaming and Alcohol Control Commission within the Department of Revenue; establishing findings; renaming Lottery Commission as State Gaming and Alcohol Control Commission; establishing commission membership requirements; establishing that no member may have a vested interest in commission-regulated entities; abolishing the Racing Commission and the Athletic Commission and transferring their respective powers and duties to State Gaming and Alcohol Control Commission; transferring powers and duties of Tax Commissioner involving charitable bingo and raffles and charitable raffle boards and games to State Gaming and Alcohol Control Commission; transferring employees from the regulation of bingo, charitable raffle and charitable raffle boards and games to the State Gaming and Alcohol Control Agency; specifying effective dates; creating the position of the Director of the State Gaming and Alcohol Control Agency; providing for the salary of the director and review of the compensation of the director and the chair and members of the State Gaming and Alcohol Control Commission; providing that bingo, charitable raffle and charitable raffle boards and games fees be appropriated into a nonappropriated special account established in the State Treasury to pay salaries and other expenses of the State Gaming and Alcohol Control Agency and that excess fees be transferred to the General Revenue Fund; defining terms; providing the transfer of administration of the regulation of nonintoxicating beer to the State Gaming and Alcohol Control Commission from the Tax Commissioner; providing that the director appoint employees of the State Gaming and Alcohol Control Agency to regulate nonintoxicating beer; providing for a percentage of taxes imposed on nonintoxicating beer to be deposited for administrative expenses of the State Gaming and Alcohol Control Agency; providing that the Secretary of the Department of Revenue maintain his or her principal office at the seat of government and providing that offices and divisions of the department may maintain offices elsewhere; providing for the regulation of horse and dog racing by the State Gaming and Alcohol Control Commission; abolishing the Racing Commission; providing for an omnibus report to the Governor that includes the divisions of the State Gaming and Alcohol Control Agency; abolishing the position of Racing Secretary and other offices; providing that the director employ certain racing employees; providing for the transfer of employees from the Racing Commission; providing for the distribution of revenues from racing license taxes or pari-mutuel pools taxes; providing for a procedure for the suspension or revocation of a racing permit, including a hearing examiner; abolishing the State Athletic Commission; providing for the deposit of boxing, sparring and license promoter's license fees and providing for their use by the State Gaming and Alcohol Control Agency; providing that rules promulgated by the State Athletic Commission remain in full force and effect; establishing legislative purpose; providing for the continuation of judicial rulings; providing that the State Gaming and Alcohol Control Commission and the Director of the State Gaming and Alcohol Control Agency has jurisdiction over horse and dog racing, charitable bingo gaming, charitable raffle gaming, the sport of boxing and nonintoxicating beer and alcohol; providing that the State Gaming and Alcohol Control Commission may adopt emergency rules; providing that the Director of the State Lottery Office shall continue as the Director of the State Gaming and Alcohol Control Agency until a successor is appointed; creating divisions within the State Gaming and Alcohol Control Agency; providing that the director may authorize games; providing that certain law-enforcement agencies and the Attorney General shall provide information regarding lottery to the director; providing that the director may designate enforcement agents and authorizing agents to investigate complaints; providing for the removal of racing officials; providing for capital improvements at racetracks; establishing that the director, with approval, may sell certain parcels of real estate; providing that the Commissioner of Motor Vehicles shall issue Class A license plates to the State Gaming and Alcohol Control Agency; establishing the State Gaming and Alcohol Control Agency - Administrative Account; prohibiting employees of the State Gaming and Alcohol Control Agency from certain actions; providing for an audit of accounts and transactions of the State Gaming and Alcohol Control Agency; removing the requirement that racetracks applying for a video lottery license or license renewal have certain agreements with certain representatives; providing that the rules promulgated by the Tax Commissioner and licenses and permits issued shall remain in effect; providing that an applicant for a retail license for the sale of liquor is entitled to a hearing before the State Gaming and Alcohol Control Commissioner or a hearing examiner designated by the commission; providing that license fees shall be deposited in nonappropriated special account to pay for salaries and other expenses; abolishing limit of investigators for criminal investigation division of the State Tax Division; and providing that investigators for the criminal investigation division of the State Tax Division have all the lawful powers delegated to the West Virginia State Police.
Be it enacted by the Legislature of West Virginia:
That §11-16-28 of the Code of West Virginia, 1931, as amended, be repealed; that §19-23-6 and §19-23-30 of said code be repealed; that §29-5A-2 of said code be repealed; that §29-22-26 of said code be repealed; that §60-2-2, §60-2-3, §60-2-7, §60-2-9, §60-2-11, §60-2-12 and §60-2-13 of said code be repealed; that §5F-1-3a of said code be amended and reenacted; that §5F-2-1 of said code be amended and reenacted; that §6-7-2a of said code be amended and reenacted; that §11-9-2 and §11-9-2a of said code be amended and reenacted; that said code be amended by adding thereto a new section, designated §11-9-2b; that §11-16-3, §11-16-4 and §11-16-27 of said code be amended and reenacted; that §11B-1-2 of said code be amended and reenacted; that §19-23-1, §19-23-2, §19-23-3, §19-23-4, §19-23-5, §19-23-11, §19-23-16, §19-23-17 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, §29-22-13 and §29-22-19 of said code be amended and reenacted; that said code be amended by adding thereto a new section, designated §29-22-8a; that §29-22A-3, §29-22A-7 and §29-22A-10 of said code be amended and reenacted; that §29-22B-306 and §29-22B-308 of said code be amended and reenacted; that said code be amended by adding thereto a new section, designated §29-22B-335; that §29-22C-3 of said code be amended and reenacted; that §29-25-2 of said code be amended and reenacted; that said code be amended by adding thereto two new sections, designated §47-20-1a and §47-20-1b; that §47-20-2 of said code be amended and reenacted; that said code be amended by adding thereto two new sections, designated §47-21-1a and §47-21-1b; that §47-21-2 of said code be amended and reenacted; that said code be amended by adding thereto two new sections, designated §47-23-1a and §47-23-1b; that §47-23-2 of said code be amended and reenacted; that §60-1-4 and §60-1-5 of said code be amended and reenacted; that §60-2-1 of said code be amended and reenacted; that §60-3A-9 of said code be amended and reenacted; and that said code be amended by adding thereto a new section, designated §60-3A-32, all to read as follows:
CHAPTER 5F. REORGANIZATION OF THE EXECUTIVE BRANCH.

ARTICLE 1. GENERAL PROVISIONS.
§5F-1-3a. Executive Compensation Commission.
There is hereby created continued an Executive Compensation Commission composed of three members, one of whom shall be the Secretary of Administration, one of whom shall be appointed by the Governor from the names of two or more nominees submitted by the President of the Senate, and one of whom shall be appointed by the Governor from the names of two or more nominees submitted by the Speaker of the House of Delegates. The names of such nominees shall be submitted to the Governor by not later than June 1, 2000, and the appointment of such members shall be made by the Governor by not later than July 1, 2000. The members appointed by the Governor shall have had significant business management experience at the time of their appointment and shall serve without compensation other than reimbursement for their reasonable expenses necessarily incurred in the performance of their commission duties. For the regular session of the Legislature, 2001, and every four years thereafter, the commission shall review the compensation for cabinet secretaries and other appointed officers of this state, including, but not limited to, the following: Commissioner, Division of Highways; Commissioner, Bureau of Employment Programs; Director, Division of Environmental Protection; Commissioner, Bureau of Senior Services; Director of Tourism; Commissioner, Division of Tax; Administrator, Division of Health; Commissioner, Division of Corrections; Director, Division of Natural Resources; Superintendent, State Police; administrator, lottery division; Director, State Gaming and Alcohol Control Agency; Director, Public Employees Insurance Agency; Administrator, Alcohol Beverage Control Commission; Commissioner, Division of Motor Vehicles; Director, Division of Personnel; Adjutant General; Chairman, Chair, Health Care Authority; members, Health Care Authority; Director, Division of Rehabilitation Services; Executive Director, Educational Broadcasting Authority; Executive Secretary, Library Commission; chairman Chair and members of the Public Service Commission; Director of Emergency Services; Administrator, Division of Human Services; Executive Director, Human Rights Commission; Director, Division of Veterans Affairs; Director, Office of Miner's Health Safety and Training; Commissioner, Division of Banking; Commissioner, Division of Insurance; Commissioner, Division of Culture and History; Commissioner, Division of Labor; Director, prosecuting attorneys Institute; Director, Board of Risk and Insurance Management; Commissioner, Oil and Gas Conservation Commission; Director, Geological and Economic Survey; Executive Director, Water Development Authority; Executive Director, Public Defender Services; Director, State Rail Authority; chairman Chair and members of the Parole Board; members, Employment Security Review Board; members, workers' compensation appeal board; chairman, Racing Commission; Chair and members, State Gaming and Alcohol Control Commission; Executive Director, Women's Commission; and Director, Hospital Finance Authority.
Following this review, but not later than the twenty-first day of such regular session, the commission shall submit an executive compensation report to the Legislature to include specific recommendations for adjusting the compensation for the officers described in this section. The recommendation may be in the form of a bill to be introduced in each house to amend this section to incorporate the recommended adjustments.
ARTICLE 2. TRANSFER OF AGENCIES AND BOARD.
§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 Department 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 purposes 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 article 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 Department 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 Department 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 Affairs 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 fifteen 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 nine-a 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 State Gaming and Alcohol Control Commission and State Gaming and Alcohol Control Agency;
(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) Office of Alcohol Beverage Control Commissioner provided in article sixteen, chapter eleven of this code and article two, chapter sixty of this code;
(6)
(4) Board of Banking and Financial Institutions provided in article three, chapter thirty-one-a of this code;
(7) (5) Lending and Credit Rate Board provided in chapter forty-seven-a of this code;
(8) (6) Division of Banking provided in article two, chapter thirty-one-a of this code;
(9) (7) The State Budget Office provided in article two, chapter eleven-b of this code;
(10) (8) The Municipal Bond Commission provided in article three, chapter thirteen of this code; and
(11) (9) 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 may 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 6. GENERAL PROVISIONS RESPECTING OFFICERS.

ARTICLE 7. COMPENSATION AND ALLOWANCES.
§6-7-2a. Terms of certain appointive state officers; appointment; qualifications; powers and salaries of such officers.

(a) Each of the following appointive state officers named in this subsection shall be appointed by the Governor, by and with the advice and consent of the Senate. Each of the appointive state officers serves at the will and pleasure of the Governor for the term for which the Governor was elected and until the respective state officers' successors have been appointed and qualified. Each of the appointive state officers are subject to the existing qualifications for holding each respective office and each has and is hereby granted all of the powers and authority and shall perform all of the functions and services heretofore vested in and performed by virtue of existing law respecting each office.
Prior to July 1, 2006, each such named appointive state officer shall continue to receive the annual salaries they were receiving as of the effective date of the enactment of this section in 2006, and thereafter, notwithstanding any other provision of this code to the contrary,
The annual salary of each named appointive state officer shall be as follows:
Commissioner, Division of Highways, $92,500; Commissioner, Division of Corrections, $80,000; Director, Division of Natural Resources, $75,000; Superintendent, State Police, $85,000; Commissioner, Division of Banking, $75,000; Commissioner, Division of Culture and History, $65,000; Commissioner, Alcohol Beverage Control Commission, seventy-five thousand dollars; Commissioner, Division of Motor Vehicles, $75,000; Chairman, Health Care Authority, $80,000; members, Health Care Authority, $70,000; Director, Human Rights Commission, $55,000; Commissioner, Division of Labor, $70,000; Director, Division of Veterans' Affairs, $65,000; Chairperson, Board of Parole, $55,000; members, Board of Parole, $50,000; members, Employment Security Review Board, $17,000; and Commissioner, Bureau of Employment Programs, $75,000. Secretaries of the departments shall be paid an annual salary as follows: Health and Human Resources, $95,000; Transportation, $95,000: Provided, That if the same person is serving as both the Secretary of Transportation and the Commissioner of Highways, he or she shall be paid $120,000; Revenue, $95,000; Military Affairs and Public Safety, $95,000; Administration, $95,000; Education and the Arts, $95,000; Commerce, $95,000; and Environmental Protection, $95,000: Provided, however, That any increase in the salary of any current appointive state officer named in this subsection pursuant to the reenactment of this subsection during the regular session of the Legislature in 2006, that exceeds $5,000 shall be paid to such officer or his or her successor beginning July 1, 2006, in annual increments of $5,000 per fiscal year, up to the maximum salary provided in this subsection: Provided further, That if the same person is serving as both the Secretary of Transportation and the Commissioner of Highways, then the annual increments of $5,000 per fiscal year do not apply.
(b) Each of the state officers named in this subsection shall continue to be appointed in the manner prescribed in this code and, prior to July 1, 2006, each of the state officers named in this subsection shall continue to receive the annual salaries he or she was receiving as of the effective date of the enactment of this section in 2006, and shall thereafter, notwithstanding any other provision of this code to the contrary, be paid an annual salary as follows:
Director, Board of Risk and Insurance Management, $80,000; Director, Division of Rehabilitation Services, $70,000; Director, Division of Personnel, $70,000; Executive Director, Educational Broadcasting Authority, $75,000; Secretary, Library Commission, $72,000; Director, Geological and Economic Survey, $75,000; Executive Director, prosecuting attorneys Institute, $70,000; Executive Director, Public Defender Services, $70,000; Commissioner, Bureau of Senior Services, $75,000; Director, State Rail Authority, $65,000; Executive Director, Women's Commission, $45,000; Director, Hospital Finance Authority, $35,000; member, Racing Commission, twelve thousand dollars; Chairman, Public Service Commission, $85,000; members, Public Service Commission, $85,000; Director, Division of Forestry, $75,000; Director, Division of Juvenile Services, $80,000; and Executive Director, Regional Jail and Correctional Facility Authority, $80,000: Provided, That any increase in the salary of any current appointive state officer named in this subsection pursuant to the reenactment of this subsection during the regular session of the Legislature in 2006 that exceeds $5,000 shall be paid to such officer or his or her successor beginning July 1, 2006, in annual increments of $5,000 per fiscal year, up to the maximum salary provided in this subsection.
(c) Each of the following appointive state officers named in this subsection shall be appointed by the Governor, by and with the advice and consent of the Senate. Each of the appointive state officers serves at the will and pleasure of the Governor for the term for which the Governor was elected and until the respective state officers' successors have been appointed and qualified. Each of the appointive state officers are subject to the existing qualifications for holding each respective office and each has and is hereby granted all of the powers and authority and shall perform all of the functions and services heretofore vested in and performed by virtue of existing law respecting each office.
Prior to July 1, 2006, each such named appointive state officer shall continue to receive the annual salaries they were receiving as of the effective date of the enactment of this section in 2006, and thereafter, notwithstanding any other provision of this code to the contrary, the annual salary of each named appointive state officer shall be as follows:
Commissioner, State Tax Division, $92,500; Commissioner, Insurance Commission, $92,500; Director, Lottery Commission, $92,500 State Gaming and Alcohol Control Agency, $120,000; Director, Division of Homeland Security and Emergency Management, $65,000; and Adjutant General, $92,500.
(d) No increase in the salary of any appointive state officer pursuant to this section shall be paid until and unless the appointive state officer has first filed with the State Auditor and the Legislative Auditor a sworn statement, on a form to be prescribed by the Attorney General, certifying that his or her spending unit is in compliance with any general law providing for a salary increase for his or her employees. The Attorney General shall prepare and distribute the form to the affected spending units.
CHAPTER 11. TAXATION.

ARTICLE 9. CRIMES AND PENALTIES.
§11-9-2. Application of this article.

(a) The provisions of this article apply to the following taxes imposed by this chapter:
(1) Inheritance and transfer taxes and estate taxes imposed by article eleven of this chapter;
(2) Business registration tax imposed by article twelve of this chapter;
(3) Minimum severance tax on coal imposed by article twelve-b of this chapter;
(4) Corporate license tax imposed by article twelve-c of this chapter;
(5) Business and occupation tax imposed by article thirteen of this chapter;
(6) Severance and business privilege taxes imposed by article thirteen-a of this chapter;
(7) Additional severance taxes imposed by article thirteen-v of this chapter;
(8) Telecommunications tax imposed by article thirteen-b of this chapter;
(9) Gasoline and special fuels excise tax imposed by article fourteen of this chapter;
(10) Motor fuels excise tax imposed by article fourteen-c of this chapter;
(11) Motor carrier road tax imposed by article fourteen-a of this chapter;
(12) Interstate fuel tax agreement authorized by article fourteen-b of this chapter;
(13) Consumers sales and service tax imposed by article fifteen of this chapter;
(14) Use tax imposed by article fifteen-a of this chapter;
(15) Tobacco products excise taxes imposed by article seventeen of this chapter;
(16) Soft drinks tax imposed by article nineteen of this chapter;
(17) Personal income tax imposed by article twenty-one of this chapter;
(18) Business franchise tax imposed by article twenty-three of this chapter;
(19) Corporation net income tax imposed by article twenty-four of this chapter; and
(20) Health care provider taxes imposed by article twenty-seven of this chapter.
(b) The provisions of this article also apply to the West Virginia tax procedure and administration act in article ten of this chapter and to any other articles of this chapter when application is expressly provided by the Legislature.
(c) The provisions of this article also apply to municipal sales and use taxes imposed pursuant to article thirteen-c, chapter eight of this code. the charitable bingo fee imposed by sections six and six-a, article twenty, chapter forty-seven of this code; the charitable raffle fee imposed by section seven, article twenty-one of said chapter; and the charitable raffle boards and games fees imposed by section three, article twenty-three of said chapter
(d) Each and every provision The provisions of this article applies apply to the articles of this chapter listed in subsections (a), (b) and (c) of this section, with like effect, as if the provisions of this article were applicable only to the tax and were set forth in extenso in this article.
§11-9-2a. Criminal investigation division established.
(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 continued 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 continued 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 the 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 West Virginia State Police 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 investigator shall, before entering upon the discharge of his or her duties, execute a bond with security in the sum of $3,500, payable to the State of West Virginia, conditioned for the faithful performance of the employee's investigator'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 West Virginia State Police, 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 twelve 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 July 1 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 and Alcohol Control Agency; fees to support State Gaming and Alcohol Control Agency.

(a) Authority transferred. -- Effective July 1, 2009, the Tax Commissioner's authority and 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 Director of the State Gaming and Alcohol Control Agency as created by section six, article twenty-two, chapter twenty-nine.
(b) Employees transferred. -- Effective July 1, 2009, 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 and Alcohol Control Agency as created by section seven, article twenty-two, chapter twenty-nine.
(c) 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 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 and Alcohol Control Agency to pay salaries and other expenses. The expenditures may include, but may not be limited to, employee compensation, equipment, computer software, office supplies, rent 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 $250,000 shall be transferred to the General Revenue Fund.
ARTICLE 16. NONINTOXICATING BEER.
§11-16-3. Definitions.
For the purpose of this article, except where the context clearly requires differently:
(1) "Brewer" or "manufacturer" means any person, firm, association, partnership or corporation manufacturing, brewing, mixing, concocting, blending, bottling or otherwise producing or importing or transshipping from a foreign country nonintoxicating beer for sale at wholesale to any licensed distributor.
(2) "Brewpub" shall mean a place of manufacture of nonintoxicating beer owned by a resident brewer, subject to federal regulations and guidelines, a portion of which premises are designated for retail sales.
(3) "Commissioner" or "commission" means the West Virginia Alcohol Beverage Control Commissioner State Gaming and Alcohol Control Commission created by section four, article twenty-two, chapter twenty-nine of this code.
(4) "Distributor" means any person jobbing or distributing nonintoxicating beer to retailers at wholesale and whose warehouse and chief place of business shall be within this state.
(5) "Director" means the Director of the State Gaming and Alcohol Control Agency created by section six, article twenty-two, chapter twenty-nine of this code.
(5) (6) "Nonintoxicating beer" means all cereal malt beverages or products of the brewing industry commonly referred to as beer, lager beer, ale and all other mixtures and preparations produced by the brewing industry, including malt coolers and containing at least one half of one percent alcohol by volume, but not more than four and two-tenths percent of alcohol by weight, or six percent by volume, whichever is greater, all of which are hereby declared to be nonintoxicating, and the word "liquor" as used in chapter sixty of this code shall not be construed to include or embrace nonintoxicating beer nor any of the beverages, products, mixtures or preparations included within this definition.
(6) (7) "Original container" means the container used by the brewer at the place of manufacturing, bottling, or otherwise producing nonintoxicating beer for sale at wholesale.
(7) (8) "Person" means and includes an individual, firm, partnership, limited partnership, association or corporation.
(8) (9) "Resident brewer" shall mean any person, firm, association, partnership, or corporation whose principal place of business is within the state.
(9) (10) "Retailer" means any person selling, serving, or otherwise dispensing nonintoxicating beer and all products regulated by this article, including, but not limited to, any malt cooler, at his established and licensed place of business.
(11) "Tax Commissioner" means the Tax Commissioner of the State of West Virginia or the commissioner's designee.
§11-16-4. Responsibility of State Gaming and Alcohol Control Commission; administrators, employees and agents; administration and enforcement expenses.

(a) Effective July 1, 2009, the Alcohol Beverage Control Commissioner State Gaming and Alcohol Control Commission described under the provisions of article two, chapter sixty created by section four, article twenty-two, chapter twenty-nine of this code shall have sole responsibility for the administration of this article, except for those responsibilities expressly vested in the Tax Commissioner under sections thirteen, fourteen and fifteen of this article and for those responsibilities delegated to and reserved for the Director of the State Gaming and Alcohol Control Agency created by section six, article twenty-two, chapter twenty-nine of this code.
All acts heretofore performed by the nonintoxicating beer commissioner under previous proceedings of this article are hereby again ratified and confirmed, and the commissioner shall succeed to the same position previously maintained by the nonintoxicating beer commissioner in all proceedings and official acts instituted and perfected under the provisions of this article prior to the effective date of this section.
(b) The commissioner director shall appoint an adequate number of competent persons to serve as administrators, employees and agents of the commissioner State Gaming and Alcohol Control Agency for the purpose of keeping all necessary accounts and records required under the provisions of this article; investigating the books, accounts, records and other papers of retailers, distributors and brewers; investigating applicants for license and the places of business of retailers, distributors and brewers; procuring evidence with respect to violations of the provisions of this article, and particularly for use at hearings held by the commissioner commission and on proceedings instituted in court for the purpose of revoking or suspending licenses hereunder; and such administrators, employees and agents shall perform such other duties as the commissioner director may direct require. Such administrators, employees and agents shall have the right to enter any licensed premises in the state in the performance of their duties at any hour of the day or night when beer is being sold or consumed on such licensed premises. Refusal by any licensee or by any employee of a licensee to permit such administrators, employees or agents to enter the licensed premises shall be an additional cause for revocation or suspension of the license of such licensee by the commissioner director. The compensation of such administrators, employees and agents shall be fixed by the commissioner: Provided, That the commissioner may employ up to eleven special investigators who shall be nonclassified exempt employees of the division director.
(c) Services rendered the state by clerks, sheriffs, commissioners in chancery and special commissioners, designated by the court, and court reporters and stenographers performing services for said commissioner director and fees of witnesses summoned on behalf of the state in proceedings to revoke or suspend retailer's licenses shall be treated as part of the expenses of administration and enforcement, and such officers and said other persons shall be paid the same fees and charges as would be chargeable for like services performed for an individual; and the compensation of such clerks, sheriffs and other persons shall be paid out of the amount allocated for the expense of administration enforcement, after the amount of such fees and other charges shall be certified by the court to the Auditor.
§11-16-27. Revenue collected and paid to State Treasurer; expense of administration.

Taxes imposed and collected under the provisions of this article shall be paid to the State Treasurer in the manner provided by law, and the taxes imposed by sections nine and thirteen of this article shall be credited to the state fund, general revenue: The expenses of administration and enforcement shall be paid out of the taxes collected under sections nine and thirteen of this article, but shall not exceed fifteen percent of the amount so collected. Provided, That fifteen percent of the taxes collected under sections nine and thirteen of this article shall be deposited in the State Treasury in the nonappropriated special account created by section eight-a, article twenty-two, chapter twenty-nine of this code and used for the administrative expenses of the State Gaming and Alcohol Control Agency.
CHAPTER 11B. DEPARTMENT OF REVENUE.

ARTICLE 1. DEPARTMENT OF REVENUE.
§11B-1-2. Location of offices; agencies, boards, commissions, divisions and offices comprising the department of finance and revenue.

(a) The cabinet secretary of the department shall maintain his or her principal office at the seat of government and shall keep there the secretary's public records, books and papers. Agencies, boards, commissions, divisions and other offices of the department may maintain offices at the seat of government or elsewhere depending on factors not limited to available capitol space, the mission of the agency, board, commission, division or office, and convenience to the public.
(a) (b) There shall be in the Department of Revenue the following agencies, boards, commissions, divisions and offices, including all of the allied, advisory, affiliated or related entities which are incorporated in and shall be administered as part of the Department of Revenue:
(1) The Alcohol Beverage Control Commissioner provided for in article sixteen, chapter eleven of this code and article one, chapter sixty of this code;
(2)
(1) The Division of Banking provided for in article two, chapter thirty-one-a of this code;
(3) (2) The board of banking and financial institutions provided for in article three, chapter thirty-one-a of this code;
(4) (3) The state budget office heretofore known as the budget section of the Finance Division, Department of Administration, previously provided for in article two, chapter five-a of this code and now provided for in article two of this chapter;
(5) (4) The agency of Insurance Commissioner provided for in article two, chapter thirty-three of this code;
(6) (5) The lending and credit rate board provided for in chapter forty-seven-a of this code;
(7) (6) The Lottery Commission and the position of lottery director The Gaming and Alcohol Control Commission and the Director of the State Gaming and Alcohol Control Agency provided for in article twenty-two, chapter twenty-nine of this code;
(8) (7) The Municipal Bond Commission provided for in article three, chapter thirteen of this code;
(9) (8) The office of tax appeals provided for in article ten-a, chapter eleven of this code; and
(10) The state athletic commission provided for in article five-a, chapter twenty-nine of this code;
(11) (9) The Tax Division provided for in article one, chapter eleven of this code. and
(12) The West Virginia Racing Commission provided for in article twenty-three, chapter nineteen of this code
(c) The department shall also include any other agency, board, commission, division, office or unit subsequently incorporated in the department by the Legislature.
CHAPTER 19. AGRICULTURE.

ARTICLE 23. HORSE AND DOG RACING.
§19-23-1. License required for horse and dog racing and pari- mutual wagering in connection therewith; exception.

(a) No racing association shall may hold or conduct any horse or dog race meeting at which horse or dog racing is permitted for any purse unless such the racing association possesses a license therefor from the West Virginia Racing Commission State Gaming and Alcohol Control Commission and complies with the provisions of this article and all reasonable rules and regulations of such racing the commission.
(b) Notwithstanding the provisions of subsection (a) of this section, The provisions of this article shall may not be construed to prevent in any way the use without a license of any grounds, enclosure or racetrack owned and controlled by any racing association for any local, county or state fair, horse show or agriculture or livestock exposition, even though horse or dog racing be there is conducted, if the pari-mutuel system of wagering upon the results of such horse or dog racing the race is neither permitted nor conducted with the knowledge or acquiescence of the racing 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 All persons with positions related to 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 shall have a permit.
(b) These persons include but are not limited to 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 the 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 Commission
(b) (c) At least eighty percent of the individuals persons 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 means 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 do not apply to individuals persons 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:
(24) (a) "Accredited thoroughbred horse" means a thoroughbred horse that is:
(a) (1) Foaled in West Virginia;
(b) (2) Sired by an accredited West Virginia sire; or
(c) (3) 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) (b) "Accredited West Virginia sire" is means 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;
(8) (c) "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
(26) (d) "Breeder of an accredited West Virginia horse" is means the owner of the foal at the time it was born in West Virginia;
(23) (e) "Code" means the Code of West Virginia, 1931, as heretofore and hereinafter amended;
(11) (f) "Construction permit" means the construction permit required by the provisions of section eighteen of this article;
(14) (g) "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;
(h) "Director" means the Director of the State Gaming and Alcohol Control Agency created by section six, article twenty-two, chapter twenty-nine of this code.
(5) (i) "Dog racing" means any type of dog racing, including, but not limited to, greyhound racing;
(31) (j) "Fund" means the West Virginia Thoroughbred Development Fund established in section thirteen-b of this article;
(3) (k) "Harness racing" means horse racing in which the horses participating therein are harnessed to a sulky, carriage or other vehicle and shall may not include any form of horse racing in which the horses are mounted by jockeys;
(15) (l) "Hold or conduct" includes "assist, aid or abet in holding or conducting";
(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;
(1)
(m) "Horse racing" means any type of horse racing, including, but not limited to, thoroughbred racing and harness racing;
(21) (n) "Legitimate breakage" is means the percentage left over in the division of a pool;
(9) (o) "License" means the license required by the provisions of section one of this article;
(12) (p) "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;
(28) (q) The "owner of an accredited West Virginia sire" is means the owner of record at the time the offspring is conceived;
(29) (r) 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;
(18) (s) "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 calculated 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) (t) "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;
(10) (u) "Permit" means the permit required by the provisions of section two of this article;
(13) (v) "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;
(20) (w) "Pool" means a combination of interests in a joint wagering enterprise or a stake in such enterprise;
(6) (x) "Purse" means any purse, stake or award for which a horse or dog race is run;
(7) (y) "Racing association" or "person" means any individual, partnership, firm, association, corporation or other entity or organization of whatever character or description;
(16) (z) "Racing commission," "Gaming and Alcohol Control Commission," or "commission" means the West Virginia Racing State Gaming and Alcohol Control Commission established in section four, article twenty-two, chapter twenty-nine of this code;
(27) (aa) "Raiser of an accredited West Virginia horse" is means 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 December 31, 2007, to any pari-mutuel racing facility located in Jefferson County; nor shall it apply after December 31, 2012, 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;
(bb) "Race meeting" means the whole period of time for which a license is required by the provisions of section one of this article;
(30) (cc) "Registered greyhound owner" means an owner of a greyhound that is registered with the National Greyhound Association;
(32) (dd) "Regular purse" means both regular purses and stakes purses.
(ee) "State Gaming and Alcohol Control Agency" means the agency established in article twenty-two, chapter twenty-nine of this code;
(17) (ff) "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
(22) (gg) "To the dime" means that wagers shall be figured and paid to the dime; and
(2) (hh) "Thoroughbred racing" means flat or running type horse racing in which each horse participating therein is a thoroughbred and is mounted by a jockey.
§19-23-4. West Virginia Racing Commission abolished; functions transferred to the State Gaming and Alcohol Control Commission; annual report; transfer of funds.

(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 July 1, 2009. On and after that date, the State Gaming and Alcohol Control Commission created by section four, article twenty-two, chapter twenty-nine of this code shall on and after that date have sole responsibility for the administration of this article, except for those responsibilities delegated to or reserved for the Director of the State Gaming and Alcohol Control Agency created by section 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 Commission shall submit to the Governor a report of the racing transactions of the Racing Commission during the preceding calendar year. At the discretion of the commission, this report may be submitted in an omnibus report that includes other divisions and aspects of the State Gaming and Alcohol Control Agency.
(c) All special accounts and funds in this article that were previously created and maintained in a banking institution of the Racing Commission's choice shall be required to be reestablished in the State Treasury by July 1, 2010.
(d) All special accounts and funds in this article that contain the phrase "Racing Commission" in their names are hereby deemed to be special accounts and funds administered by the State Gaming and Alcohol Control Commission, and when easily achievable, the names should be changed to so reflect.
§19-23-5. Racing secretary and other personnel offices abolished July 1, 2009; administrative functions and personnel placed under the supervision of the Director of the State Gaming and Alcohol Control Agency.

(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 July 1, 2009.
On and after that date, any reference in this code to the racing secretary shall be construed as meaning the Director of the State Gaming and Alcohol Control Agency created by section six, article twenty-two, chapter twenty-nine of this code.
(b) In addition to the employees referred to above, The Racing Commission director 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 and the director 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 other employees of the Racing Commission Persons employed under this article shall serve at the will and pleasure of the Racing Commission director. The racing secretary and the other employees referred to in this section as employees of the Racing Commission Such persons shall receive such compensation as may be fixed by the Racing Commission director 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.
(d) Effective July 1, 2009, all persons employed by the Racing Commission are transferred to the State Gaming and Alcohol Control Agency as created by section seven, article twenty-two, chapter twenty-nine.
§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
and money retained by the commission as reasonable security for the costs of a hearing pursuant to subsection-c, section sixteen of this article 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 and Alcohol Control Agency. Revenues in excess of the budgeted expenses of the commission On the last day of each fiscal year, unencumbered and undesignated funds from the deposits required by this section that remain in the nonappropriated special account in the excess of $250,000 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.
§19-23-16. 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 director denies an application for a license or a permit or shall suspend or revoke, suspends or revokes a license or a permit, it he or she 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 ten days after service of a copy thereof if served in any manner in which a summons may be served as aforesaid or within twenty ten 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. Upon the request of the person demanding the hearing, the commission may stay or suspend the execution of any order suspending or revoking a license or 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, any member of the Racing Commission or the hearing examiner 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, it shall be represented at any such hearing by the Attorney General or his assistants without additional compensation. The Racing Commission, with the written approval of the Attorney General, may employ special counsel to represent the Racing Commission 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.
§19-23-17. Judicial review; appeal to Supreme Court of Appeals; legal representation for Racing Commission.

Any person adversely affected by a decision of the Racing Commission rendered after a hearing held in accordance with the provisions of section sixteen of this article shall be entitled to judicial review thereof. All of the pertinent provisions of section four, article five, chapter twenty-nine-a of this code shall apply to and govern such judicial review with like effect as if the provisions of said section four were set forth in this section, except that execution of a decision of suspension or revocation of a license shall be stayed or suspended pending a final judicial determination, and except that execution of a decision of suspension or revocation of a permit shall not be stayed or suspended pending a final judicial determination.
The judgment of the circuit court shall be final unless reversed, vacated or modified on appeal to the Supreme Court of Appeals in accordance with the provisions of section one, article six, chapter twenty-nine-a of this code.
Legal counsel and services for the Racing Commission in all appeal proceedings in any circuit court and the Supreme Court of Appeals shall be provided by the Attorney General or his assistants. and in any circuit court by the prosecuting attorney of the county as well, all without additional compensation The Racing Commission, with the written approval of the Attorney General, may employ special counsel to represent the Racing Commission at any such appeal proceedings.
§19-23-28. Effect of article on existing rules, 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.
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.

ARTICLE 5A. STATE ATHLETIC COMMISSION.
§29-5A-1. Commission abolished.
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. The State Athletic Commission is abolished effective July 1, 2009. On and after that date, the State Gaming and Alcohol Control Commission created by section four, article twenty-two, chapter twenty-nine of this code shall have sole responsibility for the administration of this article, except for those responsibilities delegated to and reserved for the Director of the State Gaming and Alcohol Control Agency created under section six, article twenty-two, chapter twenty-nine of this code.
§29-5A-3. Commission to have sole control of boxing, etc., matches; licenses; municipality not to tax boxing, sparring or exhibition clubs.

(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.
(b) 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.
(c) 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 $125 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 a 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 and Alcohol Control Agency to pay salaries and other expenditures. On the last day of each fiscal year, unencumbered and undesignated funds from the deposits of racing fees imposed by this article that remain in the nonappropriated special account in the excess of $250,000 shall be transferred to the General Revenue Fund. If the license is not granted, the treasurer director shall refund the full amount.
(d) 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) (e) 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. 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 following terms shall be defined as follows:
(a) "Commission," "athletic commission" or "state athletic commission," as used in this article, shall, on July 1, 2009, mean the State Gaming and Alcohol Control Commission created by section four, article twenty-two of this chapter.
(b) "Boxing" means 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.
§29-5A-14. Suspension, revocation, etc., of license.
The commission shall have the additional authority and power to may 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 article 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 pursuant to this section, or has breached such a contract;
(k) Has loaned or permitted another person to use his or her license, or has borrowed or used the license of another;
(l) Has failed to maintain in force the bond required by this chapter article;
(m) Has by act or omission conducted himself or herself 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 and Alcohol Control Commission or similar agency or body of any jurisdiction;
(o) Has failed to pay a fine or forfeiture imposed by this chapter;
(p) Has, in any jurisdiction, 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 or
(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 July 1, 2009, 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 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 purpose, continuation of judicial rulings.
(a) The Legislature finds and declares that the purpose of This article is to establish and implement a state-operated lottery under the supervision of the state Lottery Commission and the director of the state lottery office who shall be appointed by the Governor and hold broad authority to administer the system in a manner which will provide the state with a highly efficient operation The purpose of this article is to establish that the State Gaming and Alcohol Control Commission and the Director of the State Gaming and Alcohol Control Agency are responsible for administering and regulating nonintoxicating beer under the provisions of article sixteen, chapter eleven of this code, the sport of boxing under the provisions of article five-a, chapter twenty-nine of this code, alcohol control under the provisions of chapter sixty of this code, and all legal gaming activities, including, but not limited to, horse and dog racing activities under the provisions of article twenty-three, chapter nineteen of this code, state-owned lotteries under the provisions of this article; racetrack video lottery under the provisions of article twenty-two-a of this chapter, limited video lottery games under the provisions of article twenty-two-b of this chapter, lottery racetrack table games under the provisions of article twenty-two-c of this chapter, one limited gaming facility under the provisions of article twenty-five, chapter twenty-nine of this chapter and charitable gaming under the provisions of articles twenty, twenty-one and twenty-three, chapter forty-seven of this code.
(b) Unless otherwise superseded in this code, judicial rulings made in regards to article sixteen, chapter eleven, article twenty-three, chapter nineteen, article five-a, chapter twenty-nine, article twenty-two, chapter twenty-nine, article twenty-two-a, chapter twenty-nine, article twenty-two-b, chapter twenty-nine, article twenty-two-c, chapter twenty-nine, article twenty-five, chapter twenty-nine, articles twenty-twenty-one and twenty three, chapter forty-seven, and chapter sixty of this code shall be held as valid precedent for the State Gaming and Alcohol Control Commission and the State Gaming and Alcohol Control Agency.
§29-22-3. Definitions.
As used in this article, and unless the context requires otherwise:
(a) "Agency" means the State Gaming and Alcohol Control Agency created in section six of 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 and Alcohol Control Agency.
(c) "Lottery" means the public gaming systems or games established and operated by the state lottery office State Gaming and Alcohol Control Agency.
(d) "Lottery tickets" or "tickets" means tickets or other tangible evidence of participation used in lottery games or gaming systems.
(e) "State lottery Gaming and Alcohol Control Commission" or "commission" means the State lottery Gaming and Alcohol Control Commission created by this article.
§29-22-4. State Gaming and Alcohol Control Commission created; composition; qualifications; appointment; terms of office; chairman's removal; vacancies; compensation and expenses; quorum, oath and bond.

(a) There is hereby created a The State Lottery Commission is abolished. Effective July 1, 2009, the State Gaming and Alcohol Control Commission is created and which shall consist of seven nine members, all residents and citizens of the state and none of whom have a vested interest in anything regulated by the commission:
(1) One member who shall be a lawyer;
(2) One member who shall be a certified public accountant;
(3) One member who shall be a computer expert;
(4) One member who shall have not less than five years experience in law enforcement; and
(5) One member who shall have not less than five years experience in agriculture or veterinary medicine;
(6) One member who shall be qualified by experience and training in the field of marketing; and
(7) The two Three remaining members shall be representative representing of the public at large.
(b) The Governor shall appoint the commission members on July 1, 2009, and stagger the terms.
(c) The commission shall carry on a continuous study and investigation of the lottery gaming, horse and dog racing, boxing activities, nonintoxicating beer and alcohol control throughout the state and advise and assist the director. of the state lottery
(d) 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 Two at the end of one year; two at the end of two years; one two at the end of three years; two at the end of four years; and one at the end of five years.
(e) Upon the effective date of this section, as vacancies occur, appointments to fill vacancies shall be made so that at least two Three members are shall be appointed from each congressional district. existing as of the first day of January, one thousand nine hundred ninety-three
(f) No more than four five members of such the commission shall belong to the same political party.
(g) Members serve overlapping terms of five years and are eligible for successive appointments to the commission. After the initial appointments by the Governor, each member shall be appointed for a term of five years and may not serve more than three consecutive terms. Any member who has served three consecutive full terms may not be reappointed for at least one year after completion of his or her third full term. A member may continue to serve until his or her successor has been appointed and qualified.
(h) On July 1 of each year, the commission shall select a chairman from its membership.
(i) The 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) (j) The board State Gaming and Alcohol Control 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) (k) 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) (l) A majority of the members constitutes a quorum for the transaction of business, and all actions require a majority vote of the members present.
(e) (m) 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 of West Virginia and shall enter into a bond in the penal sum of $100,000 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.
§29-22-5. Powers and Duties of the State Gaming and Alcohol
Control Commission; emergency rules.

(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, racing, charitable gaming, boxing, or alcohol control, 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 State Gaming and Alcohol Control 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 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 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.
(c) 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, the commission shall have plenary power and authority to:
(1) Promulgate legislative rules in accordance with the provisions of article three, chapter twenty-nine-a of this code to:
(A) Regulate horse and dog meets and races; and
(B) Describe the kinds of legal combination wagers which may be placed in connection with the pari-mutuel system of wagering;
(2) Fix the annual fee to be paid to the commission for the registration of colors and assumed names;
(3) Approve the minimum purse to be offered during horse or dog race meetings;
(4) Approve a minimum and a maximum number of horse races or dog races to be held on any racing day;
(5) Prescribe a form and fix the annual fee to be paid to the commission for any permit;
(6) 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 determined inimical to the best interests of horse and dog racing or the pari-mutuel system of wagering in connection therewith;
(7) 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 all equipment and supplies considered necessary or desirable in connection with the acquisition, establishment, maintenance and operation of any testing laboratory and related facilities and all such tests; and
(8) Keep accurate and complete records of its proceedings and to certify the same as may be appropriate.
(d) The commission and the director shall have authority over charitable bingo gaming and charitable raffle gaming as stated in articles twenty, twenty-one and twenty-three, chapter forty-seven of this code.
(e) The commission and the director shall authority over the sport of boxing as stated in article five-a of this chapter.
(f) As stated in article sixteen, chapter eleven and chapter sixty of this code, the commission and the director shall have full jurisdiction over nonintoxicating beer and alcohol control, and, in this regard, the commission shall have plenary power and authority to exercise any power that may be necessary or proper for the orderly conduct of the agency and the effective discharge of the duties of the director.
(g) Notwithstanding any other provision of this code, the commission may adopt by emergency rule annual licensing periods for all licenses that fall under its jurisdiction that it finds to be necessary to increase the efficiency and accuracy of its licensing process.

(h) The commission is authorized to promulgate emergency rules, prior to September 1, 2009, to incorporate the revisions of the State Gaming Act.
§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 and Alcohol Control Agency whose duties include the management and administration of the state lottery office State Gaming and Alcohol Control 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 may be appointed as director who has been convicted of a felony or crime involving moral turpitude.
(b) On July 1, 2009, the person appointed to be the Director of the State Lottery Office shall continue in office as the Director of the State Gaming and Alcohol Control Agency until a successor is appointed and qualified.
(b) (c) The director serves on a full-time basis and may not be engaged in any other profession or occupation.
(c) (d) 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 May 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; and
(4) The director Shall receive an annual salary as provided for by the Governor; and
(5) (4) 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) (e) 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 of West Virginia and shall enter into a bond in the penal sum of $100,000 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 and Alcohol Control Agency.

(a) There shall be established within the state lottery office State Gaming and Alcohol Control Agency: an security and licensing a racetrack division, division, a personnel, data processing, accounting and administration division and a marketing, education and information division a lottery division, an alcohol control division and other divisions as the commission may authorize.
(b) Each division shall be under the supervision of supervised by 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 may:
(1) Appoint, with the approval of the commission, a deputy director for each of the divisions established in this article and other divisions that the commission may authorize. The deputy directors 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 shall are not be eligible for civil service coverage as provided in section four, article six, chapter twenty-nine of this code;
(2) Appoint an assistant director, a managing general counsel, a chief financial officer, a person to oversee licensing and a person to oversee enforcement. All persons hired under this subdivision shall serve at the will and pleasure of the director at an annual salary established by the director and approved by the commission. The persons hired under this subdivision are not eligible for civil service coverage as provided in section four, article six, chapter twenty-nine of this code;
(2) (3) 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 sixteen, chapter eleven of this code, 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, articles twenty, twenty-one and twenty-three, chapter forty-seven of this code, and chapter sixty of this code.
(A)
No person shall may 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; and
(B) Notwithstanding any provisions of this article, article sixteen, chapter eleven of this code, 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, articles twenty, twenty-one and twenty-three, chapter forty-seven or chapter sixty of this code to the contrary, the director may assign all employees of the agency based upon the needs of the agency and the availability of funds; and
(3) (4) Designate the number and types of locations at which lottery tickets may be sold or authorized games may be played.
(b) Upon the request of the director, the Attorney General, the Department of Military Affairs and Public Safety, the West Virginia State Police and all other law-enforcement agencies shall furnish to the director such information necessary 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 shall designate such employees as may be necessary to act as enforcement agents. Agents are authorized to investigate complaints made to the commission or the agency concerning possible violations of the provisions of this article and determine whether to recommend criminal prosecution. An agent, after receiving the approval of the director, shall make a recommendation that an action is necessary to the prosecuting attorney in the county wherein the violation occurred or to any appropriate law enforcement agency.
(b) (c) Effective the first day of July, one thousand nine hundred eighty-six, All employees of the commission agency, 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.
(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 the director shall have the authority to:
(1) Register colors and assumed names;
(2) Regulate the minimum purse to be offered during horse or dog race meetings;
(3) Propose for commission approval a minimum and a maximum number of horse races or dog races to be held on any racing day;
(4) Hold up, in any disputed horse or dog race, the payment of any purse, pending a final determination of the results;
(5) Investigate applicants and determine the eligibility of the applicants for a license or permit or construction permit;
(6) Enter the office, horse racetrack, dog racetrack, kennel, facilities and other places of business of any licensee to determine whether such facilities and businesses are complying with the provisions of this article and its rules. For this purpose, the director and the representatives and employees of the State Gaming and Alcohol Control Agency may visit, investigate and have free access to any such office, horse racetrack, dog racetrack, kennel, facilities and other places of business;
(7) Investigate alleged violations of the provisions of 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 enforcement thereof or take such disciplinary action and institute such legal action;
(8) Require at any time the removal of any racing official or racing employee of any licensee, for the violation of any provision of article twenty-three, chapter nineteen of this code, any rule of the commission or for any fraudulent practice; and
(9) Provide breeders' awards, purse supplements and moneys for capital improvements at racetracks in compliance with section thirteen-b, article twenty-three, chapter nineteen of this code.
(e) As stated in article sixteen, chapter eleven and chapter sixty of this code, the commission and the director shall have full jurisdiction over nonintoxicating beer and alcohol control. The director shall have the authority to:
(1) Sign and execute any contract or agreement authorized by chapter sixty of this code;
(2) With the approval of the commission, the Governor and the Board of Public Works, sell, in part or in whole, the real estate containing 12.168 acres and a warehouse situated on River Road in the Hub Industrial Park, Nitro, Putnam County, for a sale price of at least the appraised fair market value and upon terms the director determines to be in the best interest of the State of West Virginia;

(3) Keep a complete and accurate record of all proceedings, record and file all bonds and contracts taken or entered into and assume responsibility for the custody and preservation of all papers and documents pertaining to the commission and the agency; and
(4) Invoke any legal or equitable remedies for the enforcement of the orders of the director or the provisions of chapter sixty of this code.
(f) Notwithstanding the provisions of article three, chapter seventeen-a of this code, upon application by the Director of the State Gaming and Alcohol Control Agency and payment of fees, the Commissioner of Motor Vehicles shall issue a maximum of eight Class A license plates to be used on state owned or leased vehicles assigned to employees of the State Gaming and Alcohol Control Agency. This authorization is in addition to the sixteen Class A license plates authorized under section twenty-three, article three, chapter seventeen-a of this code.
§29-22-8a. Special account for administration of the State Gaming and Alcohol Control Agency.

(a) There is created in the State Treasury a nonappropriated special account to be named the "State Gaming and Alcohol Control 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 twenty-seven, article sixteen, chapter eleven of this code;
(3) The administrative allowance in section eleven, article twenty-three, chapter nineteen of this code;
(4) The administrative allowance in subsection (a), section three, article five-a, chapter twenty-nine of this code;
(5) The administrative allowance in subsection (d), section eighteen, article twenty-two, chapter twenty-nine of this code;
(6) The administrative allowance in subsection (b), section ten, article twenty-two-a, chapter twenty-nine of this code;
(7) The administrative allowance in subdivision (1), subsection (a), section fourteen hundred eight, article twenty-two-b, chapter twenty-nine of this code;
(8) The administrative allowance in subsection (d), section twenty-seven, article twenty-two-c, chapter twenty-nine of this code;
(9) The administrative allowance in subsection (b), section twenty-two, article twenty-five, chapter twenty-nine of this code; and
(10) The administrative allowance in section thirty-two, article three-a, chapter sixty of this code.
(b) Notwithstanding any requirement or limitation within any of the sections of this code stated in subdivisions one through ten, 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 and Alcohol Control 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.
§29-22-13. Prohibited acts; conflict of interest; prohibited gifts and gratuities.

(1) The commissioners, the director, the deputy directors and the employees of the lottery State Gaming and Alcohol Control Agency may not, directly or indirectly, individually, or as a member of a partnership or as a shareholder of a corporation have an interest in dealing in a lottery.
(2) A member of the commission, the director, and an employee of the lottery State Gaming and Alcohol Control Agency or a member of their immediate families may not ask for, offer to accept, or receive any gift, gratuity or other thing of value from any person, corporation, association or firm contracting or seeking to contract with the state to supply gaming equipment or materials for use in the operation of a lottery or from an applicant for a any license or permit to sell lottery tickets in the lottery granted by the State Gaming and Alcohol Control Agency or from a any licensee or permittee under the State Gaming and Alcohol Control Agency's jurisdiction.
(3) A person, corporation, association or firm contracting or seeking to contract with the state to supply gaming equipment or materials for use in the operation of a lottery, an applicant for a any license or permit to sell tickets in the lottery granted by the State Gaming and Alcohol Control Agency or a any licensee or permittee under the State Gaming and Alcohol Control Agency's jurisdiction may not offer a member of the commission, an employee of the lottery State Gaming and Alcohol Control Agency, or a member of their immediate families any gift, gratuity or other thing of value.
(4) For the purposes of this section, "thing of value" shall have the same meaning as it does in section three, article one, chapter six-b of this code.
§29-22-19. Post audit of accounts and transactions of office.
Before July 1, 2001, 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 and Alcohol Control 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.
ARTICLE 22A. RACETRACK VIDEO LOTTERY.
§29-22A-3. Definitions.

As used in this article:
(a) "Applicant" means any person applying for any video lottery license or permit.
(b) "Associated equipment" means any hardware located on a licensed racetrack's premises which is connected to the video lottery system for the purpose of performing communication, validation or other functions, but not including the video lottery terminals or the communication facilities of a regulated public utility.
(c) "Background investigation" means a security, criminal and credit investigation of a person, as defined in this section, who has applied for a video lottery license or permit, or who has been granted a video lottery license or permit.
(d) "Central computer," "central control computer" or "central site system" means any central site computer provided to and controlled by the commission to which video lottery terminals communicate for purposes of information retrieval and terminal activation and to disable programs.
(e) "Commission" or "State Lottery Commission" means the West Virginia Lottery Commission State Gaming and Alcohol Control Commission created by section four, article twenty-two of this chapter.
(f) "Control" means the authority to direct the management and policies of an applicant or a license or permit holder.
(g) "Costs" means the expenses incurred by the commission in the testing and examination of video lottery terminals and the performance of background investigations and other related activities which are charged to and collected from applicants or license or permit holders.
(h) "Director" means the individual appointed by the Governor to provide management and administration necessary to direct the state lottery office State Gaming and Alcohol Control Agency.
(i) "Disable" or "terminal disable" means the process of executing a shutdown command from the central control computer which causes video lottery terminals to cease functioning.
(j) "Display" means the visual presentation of video lottery game features on a video lottery terminal in the form of video images, actual symbols or both.
(k) "EPROM" and "erasable programmable read-only memory chips" means the electronic storage medium on which the operation software for all games playable on a video lottery terminal resides and which can also be in the form of CD-ROM, flash RAM or other new technology medium that the commission may from time to time approve for use in video lottery terminals. All electronic storage media are considered to be the property of the State of West Virginia.
(l) "Floor attendant" means a person, employed by a licensed racetrack, who holds a permit issued by the commission and who corrects paper jams and bill jams in video lottery terminals and also provides courtesy services for video lottery players.
(m) "Gross terminal income" means the total amount of cash, vouchers or tokens inserted into the video lottery terminals operated by a licensee, minus the total value of coins and tokens won by a player and game credits which are cleared from the video lottery terminals in exchange for winning redemption tickets.
(n) "License" or "video lottery license" means authorization granted by the commission to a racetrack which is licensed by the West Virginia Racing Commission to conduct thoroughbred or greyhound racing meetings pursuant to article twenty-three, chapter nineteen of this code permitting the racetrack to operate video lottery terminals authorized by the commission.
(o) "Lottery" means the public gaming systems or games established and operated by the state Lottery Commission.
(p) "Lottery office" means the division of lottery within State Gaming and Alcohol Control Agency.
(p) (q) "Manufacturer" means any person holding a permit granted by the commission to engage in the business of designing, building, constructing, assembling or manufacturing video lottery terminals, the electronic computer components of the video lottery terminals, the random number generator of the video lottery terminals, or the cabinet in which it is housed, and whose product is intended for sale, lease or other assignment to a licensed racetrack in West Virginia, and who contracts directly with the licensee for the sale, lease or other assignment to a licensed racetrack in West Virginia.
(q) (r) "Net terminal income" means gross terminal income minus an amount deducted by the commission to reimburse the commission for its actual costs of administering racetrack video lottery at the licensed racetrack. No deduction for any or all costs and expenses of a licensee related to the operation of video lottery games shall be deducted from gross terminal income.
(r) (s) "Noncash prize" means merchandise which a video lottery player may be given the option to receive in lieu of cash in exchange for a winning redemption ticket and which shall be assigned a redemption value equal to the actual cost of the merchandise to the licensed racetrack.
(s) (t) "Own" means any beneficial or proprietary interest in any property or business of an applicant or licensed racetrack.
(t) (u) "Pari-mutuel racing facility," "licensed racetrack," "racetrack" or "track" means a facility where horse or dog race meetings are held and the pari-mutuel system of wagering is authorized pursuant to the provisions of article twenty-three, chapter nineteen of this code: Provided, That, for the purposes of this article, "pari-mutuel racing facility," "licensed racetrack," "racetrack" or "track" includes only a facility which was licensed prior to January 1, 1994, to hold horse or dog race meetings, and which conducts not less than two hundred twenty live racing dates for each horse or dog race meeting or such other number of live racing dates as may be approved by the Racing Commission in accordance with the provisions of section twelve-b, article twenty-three, chapter nineteen of this code.
(u) (v) "Permit" means authorization granted by the commission to a person to function as either a video lottery manufacturer, service technician or validation manager.
(v) (w) "Person" means any natural person, corporation, association, partnership, limited partnership, or other entity, regardless of its form, structure or nature.
(w) (x) "Player" means a person who plays a video lottery game on a video lottery terminal at a racetrack licensed by the commission to conduct video lottery games.
(y) "Racing commission" and "West Virginia Racing Commission" mean the State Gaming and Alcohol Control Commission.
(x) (z) "Service technician" means a person, employed by a licensed racetrack, who holds a permit issued by the commission and who performs service, maintenance and repair on licensed video lottery terminals in this state.
(y) (aa) "Video lottery game" means a commission approved, owned and controlled electronically simulated game of chance which is displayed on a video lottery terminal and which:
(1) Is connected to the commission's central control computer by an on-line or dial-up communication system;
(2) Is initiated by a player's insertion of coins, currency cash, vouchers or tokens into a video lottery terminal, which causes game play credits to be displayed on the video lottery terminal and, with respect to which, each game play credit entitles a player to choose one or more symbols or numbers or to cause the video lottery terminal to randomly select symbols or numbers;
(3) Allows the player to win additional game play credits, coins or tokens based upon game rules which establish the random selection of winning combinations of symbols or numbers or both and the number of free play credits, coins or tokens to be awarded for each winning combination of symbols or numbers or both;
(4) Is based upon computer-generated random selection of winning combinations based totally or predominantly on chance;
(5) In the case of a video lottery game which allows the player an option to select replacement symbols or numbers or additional symbols or numbers after the game is initiated and in the course of play, either: (A) Signals the player, prior to any optional selection by the player of randomly generated replacement symbols or numbers, as to which symbols or numbers should be retained by the player to present the best chance, based upon probabilities, that the player may select a winning combination; (B) signals the player, prior to any optional selection by the player of randomly generated additional symbols or numbers, as to whether such additional selection presents the best chance, based upon probabilities, that the player may select a winning combination; or (C) randomly generates additional or replacement symbols and numbers for the player after automatically selecting the symbols and numbers which should be retained to present the best chance, based upon probabilities, for a winning combination, so that in any event, the player is not permitted to benefit from any personal skill, based upon a knowledge of probabilities, before deciding which optional numbers or symbols to choose in the course of video lottery game play;
(6) Allows a player at any time to simultaneously clear all game play credits and print a redemption ticket entitling the player to receive the cash value of the free plays cleared from the video lottery terminal; and
(7) Does not use the following game themes commonly associated with casino gambling: Roulette, dice, or baccarat card games: Provided, That games having a display with symbols which appear to roll on drums to simulate a classic casino slot machine, game themes of other card games and keno may be used.
(z) (bb) "Validation manager" means a person who holds a permit issued by the commission and who performs video lottery ticket redemption services.
(aa) (cc) "Video lottery" means a lottery which allows a game to be played utilizing an electronic computer and an interactive computer terminal device, equipped with a video screen and keys, a keyboard or other equipment allowing input by an individual player, into which the player inserts coins, currency, vouchers or tokens as consideration in order for play to be available, and through which terminal device the player may receive free games, coins, tokens or credit that can be redeemed for cash, annuitized payments over time, a noncash prize or nothing, as may be determined wholly or predominantly by chance. "Video lottery" does not include a lottery game which merely utilizes an electronic computer and a video screen to operate a lottery game and communicate the results of the game, such as the game "Travel," and which does not utilize an interactive electronic terminal device allowing input by an individual player.
(bb) (dd) "Video lottery terminal" means a commission-approved interactive electronic terminal device which is connected with the commission's central computer system, and which is used for the purpose of playing video lottery games authorized by the commission. A video lottery terminal may simulate the play of one or more video lottery games.
(cc) (ee) "Wager" means a sum of money or thing of value risked on an uncertain occurrence.

§29-22A-7. License and permit qualifications; individual qualifications; applicant required to furnish information; waiver of liability; oath or affirmation; duty to provide accurate and material information.

(a) No video lottery license or permit may be granted unless the commission has determined that the applicant satisfies all of the following qualifications:
(1) An applicant for a video lottery license must hold a valid racing license granted by the West Virginia racing State Gaming and Alcohol Control Commission under provisions of article twenty-three, chapter nineteen of this code.
(2) An applicant must be a person of good character and integrity.
(3) An applicant must be a person whose background, including criminal record, reputation and associations, does not pose a threat to the security and integrity of the lottery or to the public interest of the state. All new applicants for licenses and permits issued by the commission shall furnish fingerprints for a national criminal records check by the criminal identification bureau of the West Virginia State Police and the Federal Bureau of Investigation. The fingerprints shall be furnished by all persons required to be named in the application and shall be accompanied by a signed authorization for the release of information by the criminal investigation bureau and the Federal Bureau of Investigation. The commission may require any applicant seeking the renewal of a license or permit to furnish fingerprints for a national criminal records check by the criminal identification bureau of the West Virginia State Police and the Federal Bureau of Investigation. A person who has been convicted of any violation of article twenty-two of this chapter or of this article or of any crime related to theft, bribery, gambling or involving moral turpitude is not eligible for any license or permit. The commission shall revoke the license or permit of any person who is convicted of any such crime after a license or permit is granted.
(4) An applicant must be a person who demonstrates the business ability and experience necessary to establish, operate and maintain the business for which a video lottery license or permit application is made.
(5) An applicant must be a person who has secured adequate financing for the business for which a video lottery license or permit application is made. The commission shall determine whether financing is from a source which meets the qualifications of this section and is adequate to support the successful performance of the duties and responsibilities of the licensed racetrack or permit holder. An applicant for a video lottery license shall disclose all financing or refinancing arrangements for the purchase, lease or other acquisition of video lottery terminals and associated equipment in the degree of detail requested by the commission. A licensed racetrack shall request commission approval of any change in financing or lease arrangements at least thirty days before the effective date of the change.
(6) A racetrack applying for a video lottery license or a license renewal must present to the commission evidence of the existence of an agreement, regarding the proceeds from video lottery terminals, between the applicant and the representative of a majority of the horse owners and trainers, the representative of a majority of the pari-mutuel clerks and the representative of a majority of the breeders or the representative of a majority of the kennel owners for the applicable racetrack who hold permits required by section two, article twenty-three, chapter nineteen of this code.
(7) (6) A racetrack applying for a video lottery license or a license renewal must file with the commission a copy of any current or proposed agreement between the applicant and any manufacturer for the sale, lease or other assignment to the racetrack of video lottery terminals, the electronic computer components of the terminals, the random number generator of the terminals, or the cabinet in which it is housed. Once filed with the commission, the agreement is a public document subject to the provisions of article one, chapter twenty-nine-b of this code.
(b) No video lottery license or permit may be granted to an applicant until the commission determines that each person who has control of the applicant meets all applicable qualifications of subsection (a) of this section. The following persons are considered to have control of an applicant:
(1) Each person associated with a corporate applicant, including any corporate holding company, parent company or subsidiary company of the applicant, but not including a bank or other licensed lending institution which holds a mortgage or other lien acquired in the ordinary course of business, who has the ability to control the activities of the corporate applicant or elect a majority of the board of directors of that corporation.
(2) Each person associated with a noncorporate applicant who directly or indirectly holds any beneficial or proprietary interest in the applicant or who the commission determines to have the ability to control the applicant.
(3) Key personnel of an applicant, including any executive, employee or agent, having the power to exercise significant influence over decisions concerning any part of the applicant's business operation.
(c) Applicants must furnish all information, including financial data and documents, certifications, consents, waivers, individual history forms and other materials requested by the commission for purposes of determining qualifications for a license or permit. No video lottery license or permit may be granted to an applicant who fails to provide information and documentation requested by the commission. The burden of proving qualification for any video lottery license or permit is on the applicant.
(d) Each applicant bears all risks of adverse public notice, embarrassment, criticism, damages or financial loss which may result from any disclosure or publication of any material or information obtained by the commission pursuant to action on an application. The applicant shall, as a part of its application, expressly waive any and all claims against the commission, the State of West Virginia and the employees of either for damages as a result of any background investigation, disclosure or publication relating to an application for a video lottery license or permit. (e) All application, registration and disclosure forms and other documents submitted to the commission by or on behalf of the applicant for purposes of determining qualification for a video lottery license or permit shall be sworn to or affirmed before an officer qualified to administer oaths. (f) An applicant who knowingly fails to reveal any fact material to qualification or who knowingly submits false or misleading material information is ineligible for a video lottery license or permit.
§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 June 30 two thousand six, two thousand seven, 2008, 2009, 2010 and 2011, the term "actual costs and expenses" shall include transfers of no more than $20 million 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 July 1, 2001, the commission shall may not receive an amount of gross terminal income in excess of the amount of gross terminal income received during the fiscal year ending June 30, 2001, 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 June 30, 2001, 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 July 1, 2001, any amount of net terminal income received in excess of the amount of net terminal income received during the fiscal year ending June 30, 2001, 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 Seven 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 July 1, 1999, and thereafter, any amount in excess of the two percent received during the fiscal year 1999 by a county in which a racetrack is located that has participated in the West Virginia Thoroughbred Development Fund since on or before January 1, 1999, 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 July 1, 1999, and thereafter, any amount in excess of the two percent received during the fiscal year 1999 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 January 1, 1999, 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 July 1, 2003, the tourism commission shall transfer from the tourism promotion fund $5 million 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, $5 million 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 $5 million 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 June 30, 2004, 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 twelve, 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 July 1, 2005, 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 $11 million, 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 on 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 June 30, 2004:
(i)
(A) $500,000 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) (B) 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) (10), 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 $1.5 million 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.
ARTICLE 22B. LIMITED VIDEO LOTTERY.
§29-22B-306. Commission or State Lottery Commission defined.

"Commission" or "State Lottery Commission" means the West Virginia lottery State Gaming and Alcohol Control Commission created by section four, 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 State Gaming and Alcohol Control Agency.
§29-22B-335. West Virginia Racing Commission defined.
"West Virginia Racing Commission" and "Racing Commission" as used in this article mean the State Gaming and Alcohol Control 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 and Alcohol Control Commission created by section four, 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 and Alcohol Control 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 and Alcohol Control 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 and Alcohol Control 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 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.
§29-25-2. Definitions
.
(a) "Applicant" means any person or entity applying for a license.
(b) "Adjusted gross receipts" means the gross receipts of a gaming facility from authorized games of chance less winnings paid to wagerers in the games.
(c) "Authorized game of chance" includes baccarat, twenty-one or blackjack, poker, craps, roulette, wheel of fortune, video lottery games and any other Monte Carlo style table game expressly authorized by rule of the commission, but expressly excludes punchboards, faro, keno, numbers tickets, push cards, jar tickets, pull tabs or similar games.
(d) "Controlling interest" means:
(1) For a partnership, an interest as a general or limited partner holding more than fifty percent interest in the entity;
(2) For a corporation, an interest of more than fifty percent of the stock in the corporation; and
(3) For any other entity, an ownership interest of more than fifty percent in the entity.
(e) "Controlling person" means, with respect to another person, any person directly or indirectly owning or holding a controlling interest in that other person.
(f) "Commission" means the state Lottery Commission State Gaming and Alcohol Control Agency created in section four, article twenty-two of this chapter.
(g) "Director" means the Director of the state Lottery Commission State Gaming and Alcohol Control Agency.
(h) "Gaming devices and supplies" means gaming tables for all authorized games of chance, roulette wheels, wheels of fortune, video lottery terminals, cards, dice, chips, tokens, markers or any other mechanical, electronic or other device, mechanism or equipment or related supplies utilized in the operation of an authorized game of chance.
(i) "Gaming facility" means a designated area on the premises of an historic resort hotel in which authorized games of chance are conducted by a gaming licensee.
(j) "Gaming licensee" means the licensed operator of a gaming facility.
(k) "Gross receipts" means the total amount of money exchanged for the purchase of chips, tokens or electronic cards by patrons of a gaming facility reduced by gross terminal income to the extent gross terminal income is included in the amount of money exchanged.
(l) "Gross terminal income" has the same meaning ascribed to the term as set forth in article twenty-two-a of this chapter.
(m) "Historic resort hotel" means a resort hotel registered with the United States Department of the Interior as a national historic landmark in its national registry of historic places having not fewer than five hundred guest rooms under common ownership and having substantial recreational guest amenities in addition to the gaming facility.
(n) "License" means a license issued by the commission, including:
(1) A license to operate a gaming facility;
(2) A license to supply gaming devices and supplies to a gaming facility; or
(3) A license to be employed in connection with the operation of a gaming facility.
(o) "Licensed gaming facility employee" means any individual licensed to be employed by a gaming licensee in connection with the operation of a gaming facility.
(p) "Licensed gaming facility supplier" means a person who is licensed by the commission to engage in the business of supplying gaming devices and gaming supplies to a gaming facility.
(q) "Licensee" means a gaming licensee, a licensed gaming facility supplier or a licensed gaming facility employee.
(r) "Person" means any natural person, corporation, association, partnership, limited partnership, limited liability company or other entity, regardless of its form, structure or nature.
(s) "State Gaming Fund" means the special fund in the State Treasury created in section twenty-two of this article.
(t) "Video lottery games" and "video lottery terminals" have the same meaning ascribed the terms in article twenty-two-a of this chapter.
CHAPTER 47. REGULATION OF TRADE.

ARTICLE 20. CHARITABLE BINGO.
§47-20-1a. Powers and duties transferred to State Gaming and Alcohol Control Commission.

Effective July 1, 2009, 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 and Alcohol Control 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 and Alcohol Control Agency.
§47-20-1b. Effect of transfer on existing rules, licenses and permits.
(a) All rules promulgated by the Tax Commissioner and in effect July 1, 2009, shall remain in 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 July 1, 2009, which has not expired and which had not been suspended or revoked prior to July 1, 2009, shall remain valid until the expiration and may be renewed thereof, unless such license or permit is sooner suspended or revoked in accordance with the provisions of this article.
§47-20-2. Definitions.
For purposes of this article, unless specified otherwise:
(a) "Bingo" means the game wherein participants pay consideration for the use of one or more cards bearing several rows of numbers in which no two cards played in any one game contain the same sequence or pattern. When the game commences, numbers are selected by chance, one by one, and announced. The players cover or mark those numbers announced as they appear on the card or cards which they are using. The player who first announces that he or she has covered a predetermined sequence or pattern which had been preannounced for that game is, upon verification that he or she has covered the predetermined sequence or pattern, declared the winner of that game.
(b) "Bingo occasion" or "occasion" means a single gathering or session at which a series of one or more successive bingo games is conducted by a single licensee.
(c) "Charitable or public service activity or endeavor" means any bona fide activity or endeavor which directly benefits a number of people by:
(1) Assisting them to establish themselves in life as contributing members of society through education or religion; or
(2) Relieving them from disease, distress, suffering, constraint, or the effects of poverty;
(3) Increasing their comprehension of and devotion to the principles upon which this nation was founded and to the principles of good citizenship;
(4) Making them aware of or educating them about issues of public concern so long as the activity or endeavor is not aimed at influencing legislation or supporting or participating in the campaign of any candidate for public office;
(5) By lessening the burdens borne by government or voluntarily supporting, augmenting or supplementing services which government would normally render to the people;
(6) Providing or supporting nonprofit community activities for youth, senior citizens or the disabled; or
(7) Providing or supporting nonprofit cultural or artistic activities.
(d) "Charitable or public service organization" means a bona fide, not for profit, tax-exempt, benevolent, educational, philanthropic, humane, patriotic, civic, religious, fraternal, or eleemosynary incorporated or unincorporated association or organization; or a volunteer fire department, rescue unit or other similar volunteer community service organization or association; but does not include any nonprofit association or organization, whether incorporated or not, which is organized primarily for the purposes of influencing legislation or supporting or promoting the campaign of any candidate for public office.
An organization or association is tax-exempt if it is, and has received from the Internal Revenue Service a determination letter that is currently in effect stating that the organization is, exempt from federal income taxation under subsection 501(a) and described in subsection 501(c)(3), 501(c)(4), 501(c)(8), 501(c)(10), 501(c)(19) or 501(d) of the Internal Revenue Code.
(e) "Commissioner," "Tax Commissioner" or "commission" means the state Tax Commissioner mean the Director of the State Gaming and Alcohol Control Agency.
(f) "Concession" means any stand, booth, cart, counter or other facility, whether stationary or movable, where beverages, both alcoholic and nonalcoholic, food, snacks, cigarettes or other tobacco products, newspapers, souvenirs or any other items are sold to patrons by an individual operating the facility. Notwithstanding anything contained in subdivision (2), subsection (a), section twelve, article seven, chapter sixty of this code to the contrary, "concession" includes beverages which are regulated by and are subject to the provisions of chapter sixty of this code: Provided, That in no case may the sale or the consumption of alcoholic beverages or nonintoxicating beer be permitted in any area where bingo is conducted.
(g) "Conduct" means to direct the actual playing of a bingo game by activities including, but not limited to, handing out bingo cards, collecting fees, drawing the numbers, announcing the numbers, posting the numbers, verifying winners and awarding prizes.
(h) "Expend net proceeds for charitable or public service purposes" means to devote the net proceeds of a bingo occasion or occasions to a qualified recipient organization or as otherwise provided by this article and approved by the commissioner pursuant to section fifteen of this article.
(i) "Gross proceeds" means all moneys collected or received from the conduct of bingo at all bingo occasions held by a licensee during a license period; this term shall not be considered to include any moneys collected or received from the sale of concessions at bingo occasions.
(j) "Joint bingo occasion" means a single gathering or session at which a series of one or more successive bingo games is conducted by two or more licensees.
(k) "Licensee" means any organization or association granted an annual, limited occasion or state fair bingo license pursuant to the provisions of this article.
(l) "Net proceeds" means all moneys collected or received from all the conduct of bingo at bingo occasions held by a licensee during a license period after payment of expenses authorized by sections ten, thirteen, fifteen and twenty-two of this article; this term shall not be considered to include moneys collected or received from the sale of concessions at bingo occasions.
(m) "Person" means any individual, association, society, incorporated or unincorporated organization, firm, partnership or other nongovernmental entity or institution.
(n) "Patron" means any individual who attends a bingo occasion other than an individual who is participating in the conduct of the occasion or in the operation of any concession, whether or not the individual is charged an entrance fee or plays any bingo games.
(o) "Qualified recipient organization" means any bona fide, not for profit, tax-exempt, as defined in subdivision (d) of this section, incorporated or unincorporated association or organization which is organized and functions exclusively to directly benefit a number of people as provided in subparagraphs (1) through (7), subdivision (c) of this section. "Qualified recipient organization" includes without limitation any licensee which is organized and functions exclusively as provided in this subdivision.
(p) "Venue" means the location in which bingo occasions are held.
ARTICLE 21. CHARITABLE RAFFLES.
§47-21-1a. Powers and duties transferred to State Gaming and Alcohol Control Commission.

Effective July 1, 2009, 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 and Alcohol Control 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 and Alcohol Control 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 July 1, 2009, which has not expired and which had not been suspended or revoked prior to July 1, 2009, 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.
§47-21-2. Definitions.
For purposes of this article, unless specified otherwise:
(a) "Charitable or public service activity or endeavor" means any bona fide activity or endeavor which directly benefits a number of people by:
(1) Contributing to educational or religious purposes; or
(2) Relieving them from disease, distress, suffering, constraint or the effects of poverty; or
(3) Increasing their comprehension of and devotion to the principles upon which this nation was founded and to the principles of good citizenship; or
(4) Making them aware of or educating them about issues of public concern so long as the activity or endeavor is not aimed at supporting or participating in the campaign of any candidate for public office; or
(5) By lessening the burdens borne by government or voluntarily supporting, augmenting or supplementing services which government would normally render to the people; or
(6) Providing or supporting nonprofit community activities for youth, senior citizens or the disabled; or
(7) Providing or supporting nonprofit cultural or artistic activities; or
(8) Providing or supporting any political party executive committee.
(b) "Charitable or public service organization" means a bona fide, not for profit, tax-exempt, benevolent, educational, philanthropic, humane, patriotic, civic, religious, fraternal or eleemosynary incorporated or unincorporated association or organization; or a volunteer fire department, rescue unit or other similar volunteer community service organization or association; but does not include any nonprofit association or organization, whether incorporated or not, which is organized primarily for the purposes of influencing legislation or supporting or promoting the campaign of any single candidate for public office.
(c) "Commissioner" or "Tax Commissioner" means the state Tax Commissioner mean the Director of the State Gaming and Alcohol Control Agency.
(d) "Concession" means any stand, booth, cart, counter or other facility, whether stationary or movable, where beverages, both alcoholic and nonalcoholic, food, snacks, cigarettes or other tobacco products, newspapers, souvenirs or any other items are sold to patrons by an individual operating the facility. Notwithstanding anything contained in subdivision (2), subsection (a), section twelve, article seven, chapter sixty of this code to the contrary, "concession" includes beverages which are regulated by and shall be subject to the provisions of chapter sixty of this code.
(e) "Conduct" means to direct the actual holding of a raffle by activities including, but not limited to, handing out tickets, collecting money, drawing the winning numbers or names, announcing the winning numbers or names, posting the winning numbers or names, verifying winners and awarding prizes.
(f) "Expend net proceeds for charitable or public service purposes" means to devote the net proceeds of a raffle occasion or occasions to a qualified recipient organization or as otherwise provided by this article and approved by the commissioner pursuant to section fifteen of this article.
(g) "Gross proceeds" means all moneys collected or received from the conduct of a raffle or raffles at all raffle occasions held by a licensee during a license period; this term shall not be deemed to include any moneys collected or received from the sale of concessions at raffle occasions.
(h) "Joint raffle occasion" means a single gathering or session at which a series of one or more successive raffles is conducted by two or more licensees.
(i) "Licensee" means any organization or association granted an annual or limited occasion license pursuant to the provisions of this article.
(j) "Net proceeds" means all moneys collected or received from the conduct of raffle or raffles at occasions held by a licensee during a license period after payment of the raffle expenses authorized by sections eleven, thirteen and fifteen of this article; this term shall not be deemed to include moneys collected or received from the sale of concessions at raffle occasions.
(k) "Person" means any individual, association, society, incorporated or unincorporated organization, firm, partnership or other nongovernmental entity or institution.
(l) "Patron" means any individual who attends a raffle occasion other than an individual who is participating in the conduct of the occasion or in the operation of any concession, whether or not the individual is charged an entrance fee or participates in any raffle.
(m) "Qualified recipient organization" means any bona fide, not for profit, tax-exempt, as defined in subdivision (p) of this section, incorporated or unincorporated association or organization which is organized and functions exclusively to directly benefit a number of people as provided in subparagraphs (1) through (7), subdivision (a) of this section. "Qualified recipient organization" includes, without limitation, any licensee which is organized and functions exclusively as provided in this subdivision.
(n) "Raffle" means a game involving the selling of tickets to participate in such game entitling the holder or holders to a chance on a prize or prizes.
(o) "Raffle occasion" or "occasion" means a single gathering or session at which a series of one or more successive raffles is conducted by a single licensee.
(p) "Tax-exempt association or organization" means an association or organization which is, and has received from the "Internal Revenue Service" a determination letter that is currently in effect stating that the organization is exempt from federal income taxation under subsection 501(a) and described in subsection 501(c)(3), 501(c)(4), 501(c)(8), 501(c)(10), 501(c)(19) or 501(d) of the Internal Revenue Code of 1986, as amended; or is exempt from income taxes under subsection 527(a) of said code.
ARTICLE 23. CHARITABLE RAFFLE BOARDS AND GAMES.
§47-23-1a. Powers and duties transferred to State Gaming and Alcohol Control Commission.

Effective July 1, 2009, 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 and Alcohol Control 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 and Alcohol Control 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 July 1, 2009, which has not expired and which had not been suspended or revoked prior to July 1, 2009, 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.
§47-23-2. Definitions.
For purposes of this article, unless specified otherwise:
(a) "Commissioner" or "Tax Commissioner" means Tax Commissioner of the State of West Virginia, or his delegate mean the Director of the State Gaming and Alcohol Control Agency.
(b) "Retail value" means the actual consideration paid to the wholesaler by the retailer for any raffle boards or games.
(c) "Person" means any individual, association, society, incorporated or unincorporated organization, firm, partnership or other nongovernmental entity or institution.
(d) "Retailer" means every person engaged in the business of making retail sales of raffle chances except a charitable or public service organization authorized to conduct raffles pursuant to section three, article twenty-one of this chapter.
(e) "Charitable raffle board" or "charitable raffle game" means: (1) A board or other device that has many folded printed slips to be pulled from the board or otherwise distributed without a board on payment of a nominal sum in an effort to obtain a slip or chance that entitles the player to a designated prize; (2) a series of paper cards with perforated break-open tabs, a face value of which is covered or otherwise hidden from view to conceal one or more numbers, letters or symbols, which, on payment of a nominal sum, entitles the player to obtain a chance to a designated prize; or (3) such other similar game which may be defined by the State Tax Commissioner by legislative rule.
(f) "Sale" means the transfer of the ownership of tangible personal property for a consideration.
(g) "Verification" means a unique manufacture identifiable serial number which is required to be printed on each ticket in a charitable raffle board or charitable raffle game or such other form of identification as may be prescribed by the Tax Commissioner upon a showing of undue hardship by the taxpayer: Provided, That such other form of identification shall be prescribed by rule in accordance with the provisions of article three, chapter twenty-nine-a of this code.
(h) "Wholesaler" or "distributor" means any person or entity engaged in the wholesale distribution of charitable raffle boards or games or similar boards or devices, as defined by the commissioner, and licensed under the provisions of this article, to distribute said devices to charitable raffle boards or games retailers as defined in this article. It also includes anyone who is engaged in the manufacturing, packaging, preparing or repackaging of charitable raffle boards or games for distribution in this state: Provided, That no license taxes or other fees provided for in this section may be charged to any newspaper or other printing or duplicating operation not regularly engaged in the business of manufacturing, packaging, preparing or repackaging charitable raffle boards or games where the gross sales of such printing or duplicating operation from such activity does not exceed $7,500 per calendar year and who is donating such items or services to a nonprofit entity without compensation may not be considered a "wholesaler" or "distributor" under this article.
CHAPTER 60. STATE CONTROL OF ALCOHOLIC LIQUORS.

ARTICLE 1. GENERAL PROVISIONS.
§60-1-4. Sales to be made by or through the State Gaming and Alcohol Control Agency.

Alcoholic liquors shall be sold at wholesale and retail in this state only by or through the West Virginia Alcohol Beverage Control Commissioner or retail agencies established by him or any predecessor commissioners or commission State Gaming and Alcohol Control Agency, except as authorized by articles seven and eight of this chapter.
§60-1-5. Definitions. For the purposes of this chapter:
(a) "Alcohol" shall mean ethyl alcohol whatever its origin and shall include synthetic ethyl alcohol but not denatured alcohol.
(b) "Alcoholic liquor" shall include alcohol, beer, wine and spirits, and any liquid or solid capable of being used as a beverage, but shall not include nonintoxicating beer.
(c) "An agency" shall mean a drugstore, grocery store or general store designated by the commission as a retail distributor of alcoholic liquor for the West Virginia Alcohol Beverage Control Commissioner.
(d) "Beer" shall mean any beverage obtained by the fermentation of barley, malt, hops, or any other similar product or substitute, and containing more alcohol than that of nonintoxicating beer.
(e) "Brewery" shall mean an establishment where beer is manufactured or in any way prepared.
(f) "Commissioner," or "Commission," shall mean the "West Virginia Alcohol Beverage Control Commissioner" or "State Gaming and Alcohol Control Commission" shall mean the State Gaming and Alcohol Control Commission created by section four, article twenty-two, chapter twenty-nine of this code. As of July 1, 2009, any reference to the "Alcohol Beverage Control Commissioner" in this chapter or anywhere else in this code shall be construed to mean the State Gaming and Alcohol Control Commission.
(g) "Department" shall mean the organization through which the commission exercises powers imposed upon it by this chapter.
(h) "Director" means the Director of the State Gaming and Alcohol Control Agency created by section six, article twenty-two, chapter twenty-nine of this code. (i) "Distillery" shall mean an establishment where alcoholic liquor other than wine or beer is manufactured or in any way prepared.
(j) "Intoxicated" shall mean having one's faculties impaired by alcohol or other drugs to the point where physical or mental control or both are markedly diminished.
(k) "Manufacture" means to distill, rectify, ferment, brew, make, mix, concoct, process, blend, bottle, or fill an original package with any alcoholic liquor.
(l) "Manufacturer" shall mean any person engaged in the manufacture of any alcoholic liquor, and among others includes a distiller, a rectifier, a wine maker and a brewer.
(m) "Nonintoxicating beer" shall mean any beverage, obtained by the fermentation of barley, malt, hops, or similar products or substitute, and containing not more alcohol than that specified by section two, article sixteen, chapter eleven. of this code
(n) "Original package" shall mean any closed or sealed container or receptacle used for holding alcoholic liquor.
(o) "Person" shall mean an individual, firm, partnership, limited partnership, corporation or voluntary association.
(p) "Public place" shall mean any place, building or conveyance to which the public has, or is permitted to have access, including restaurants, soda fountains, hotel dining rooms, lobbies, and corridors of hotels and any highway, street, lane, park or place of public resort or amusement: Provided, That the term "public place" shall not mean or include any of the above-named places or any portion or portions thereof which qualify and are licensed under the provisions of this chapter to sell alcoholic liquors for consumption on the premises.
(q) "Sale" shall mean any transfer, exchange or barter in any manner or by any means, for a consideration, and shall include all sales made by principal, proprietor, agent or employee.
(r) "Selling" shall include solicitation or receipt of orders; possession for sale; and possession with intent to sell.
(s) "Spirits" shall mean any alcoholic beverage obtained by distillation and mixed with potable water and other substances in solution, and includes brandy, rum, whiskey, cordials and gin.
(t) "State Gaming and Alcohol Control Agency" means the division established in article twenty-two, chapter twenty-nine of this code.
(u) "State liquor store" shall mean a store established and operated by the commission under this chapter for the sale of alcoholic liquor in the original package for consumption off the premises.
(v) "Wine" shall mean any alcoholic beverage obtained by the fermentation of the natural content of fruits, or other agricultural products, containing sugar.
(w) "Winery" shall mean an establishment where wine is manufactured or in any way prepared.
ARTICLE 2. ALCOHOLIC BEVERAGE CONTROL COMMISSIONER.
§60-2-1. Office created; powers and functions generally; office of liquor control commissioner abolished and powers transferred.

To accomplish the purposes of this chapter there is hereby created the office of The West Virginia Alcohol Beverage Control Commissioner is hereby abolished effective July 1, 2009. On and after that date, the State Gaming and Alcohol Control Commission created by section four, article twenty-two, chapter twenty-nine of this code shall on and after that date have sole responsibility for the administration of this article, except for those responsibilities delegated to or reserved for the Director of the State Gaming and Alcohol Control Agency created by section six, article twenty-two, chapter twenty-nine of this code. The commissioner State Gaming and Alcohol Control Commission shall have and is hereby granted all of the powers and authority and shall perform all of the functions and services heretofore vested in and performed by the West Virginia liquor control commissioner. The office of the West Virginia liquor control commissioner is hereby abolished. Wherever in this chapter and elsewhere in law reference is made to the West Virginia liquor control commissioner, or liquor control commission, Alcohol Beverage Control Commissioner, or Alcohol Beverage Control Commission such reference shall henceforth be construed and understood to mean the West Virginia Alcohol Beverage Control Commissioner State Gaming and Alcohol Control Commission. All parts and provisions of this chapter rendered meaningless and inapplicable by the provisions hereof are hereby modified and amended so that the provisions of this chapter will be consistent and harmonious in their entirety.
ARTICLE 3A. SALES BY RETAIL LIQUOR LICENSES
§60-3A-9. Investigation of applicants for retail license; notification to applicants approving or denying application; general provisions relating to licensing.

(a) Upon receipt of an application for a retail license and such supplemental information as the commissioner may require, the commissioner may conduct such investigation of an applicant as deemed necessary or desirable.
(b) Upon the completion of any investigation of an applicant, the commissioner shall inform such applicant in writing whether the application has been approved or denied, and shall post a copy of the decision in the commissioner's office.
(c) When an application is denied, the commissioner director shall provide the applicant the reasons for the denial, including specific findings of fact, and the applicant shall be entitled to a hearing before the commissioner commission or a hearing examiner designated by the commission if a hearing is requested within five ten days of the decision. Any such hearing shall be held as specified in section twenty-eight of this article, but the decision after hearing shall, notwithstanding the provisions of section twenty-eight, be final and binding and not subject to judicial review.
(d) An applicant shall provide all information required by this article and satisfy all requests for information pertaining to qualification and in the form specified by the commissioner. By filing an application, an applicant shall waive liability for any damages resulting from any disclosure or publication in any manner of any material or information acquired during inquiries, investigations or hearings.
§60-3A-32. Fees to support State Gaming and Alcohol Control Agency.
License fees imposed by article four, chapter sixty of this code, private club license fees imposed by article seven of this chapter, and sale of wine license fees imposed by article eight of this 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 and Alcohol Control Agency to pay salaries and other expenses. The expenditures may include, but shall not be limited to, employee compensation, equipment, computer software, office supplies, rent and travel expenses. On the last day of each fiscal year, unencumbered and undesignated funds from deposits of fees imposed for nonintoxicating beer under article sixteen, chapter eleven or for alcohol control under chapter sixty of this code that remain in the nonappropriated special account in excess of $250,000 shall be transferred to the General Revenue Fund.

NOTE: The purpose of this bill is to consolidate and combine all gambling related functions, the State Athletic Commission, and the Alcohol Beverages Control Administration within the Department of Revenue.

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

§19-23-3 has been reorganized, and strike-throughs indicate language that would be stricken from present law, and underscoring indicates new language that would be added.

§11-9-2b, §29-22-8a, §29-22B-335, §47-20-1a, §47-20-1b, §47-21-1a, §47-21-1b, §47-23-1a, §47-23-1b and §60-3a-32 are new, therefore, strike-throughs and underscoring have been omitted.
 
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