WEST virginia legislature
2022 regular session
House Bill 4826
By Delegates Capito, Queen, Westfall, Fluharty, Riley, Linville and Nestor
[Originating in the Committee on Finance; February 25, 2022]
A BILL to amend and reenact §29-22D-3 of the Code of West Virginia, 1931, as amended relating to allowing wagering on e-sports events; providing definition of e-sports events; and including e-sports event in the definition of sports event or sporting event.
Be it enacted by the Legislature of West Virginia:
ARTICLE 22D. WEST VIRGINIA LOTTERY SPORTS WAGERING ACT.
For the purposes of this article, the following terms have the meanings ascribed to them in this section:
(1) “Adjusted gross sports wagering receipts” means an operator’s gross sports wagering receipts from West Virginia Lottery sports wagering, less winnings paid to wagerers in such games.
(2) “Collegiate sport or athletic event” means a sport or athletic event offered or sponsored by, or played in connection with, a public or private institution that offers educational services beyond the secondary level.
(3) “Commission” or “State Lottery Commission” means the West Virginia Lottery Commission, created by §29-22-1 et seq. of this code.
(4) “Director” means the Director of the West Virginia State Lottery Commission, appointed pursuant to §29-22-6 of this code.
(5) “E-sports event” means electronic sports and competitive video games played as a game of skill for spectators.
56) “Gaming equipment” or “sports wagering
equipment” means any mechanical, electronic or other device, mechanism, or
equipment, and related supplies used or consumed in the operation of West
Virginia Lottery sports wagering at a licensed gaming facility including, but
not limited to, a kiosk installed to accept sports wagers.
67) “Gaming facility” means a designated
area on the premises of an existing historic resort hotel, licensed under
§29-25-1 et seq. of this code, to operate video lottery and table games
or the facility of an entity authorized to operate racetrack video lottery
machines, pursuant to §29-22A-1 et seq. of this code.
78) “Government” means any governmental unit
of a national, state, or local body exercising governmental functions, other
than the United States Government.
89) “Gross sports wagering receipts” means
the total gross receipts received by a licensed gaming facility from sports
910) “License” means any license, applied
for or issued by the commission under this article, including, but not limited
(A) A license to act as agent of the commission in operating West Virginia Lottery sports wagering at a licensed gaming facility (operator license or West Virginia Lottery sports wagering license);
(B) A license to supply a gaming facility, licensed under this article, to operate sports wagering with sports wagering equipment or services necessary for the operation of sports wagering (supplier license);
(C) A license to be employed at a racetrack or gaming facility, licensed under this article, to operate West Virginia Lottery sports wagering when the employee works in a designated gaming area that has sports wagering or performs duties in furtherance of or associated with the operation of sports wagering at the licensed gaming facility (occupational license); or
(D) A license to provide management services under a contract to a gaming facility, licensed under this article, to operate sports wagering (management services provider license).
1011) “Licensed gaming facility” means a designated
area on the premises of an existing historic resort hotel, pursuant to §29-25-1
et seq. of this code, or the facility of an entity authorized to operate
racetrack video lottery machines, pursuant to §29-22A-1 et seq. of this
code, licensed under this article, to conduct West Virginia Lottery sports
1112) “Lottery” means the public gaming
systems or games regulated, controlled, owned, and operated by the State
Lottery Commission in the manner provided by general law, as provided in this
article, §29-22-1 et seq., §29-22A-1 et seq., §29-22B-1 et seq.,
§29-22C-1 et seq., and §29-25-1 et seq. of this code.
1213) “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.
1314) “Operator” means a licensed gaming
facility which has elected to operate a sports pool and other authorized West
Virginia Lottery sports wagering activities.
1415) “Professional sport or athletic event”
means an event at which two or more persons participate in sports or athletic
events and receive compensation in excess of actual expenses for their
participation in such event.
1516) “Sports event” or “sporting event”
means any professional sport or athletic event, any collegiate sport or
athletic event, motor race event, e-sports event, or any other special
event authorized by the commission under this article.
1617) “Sports pool” means the business of
accepting wagers on any sports event by any system or method of wagering.
1718) “Sports wagering account” means a
financial record established by a licensed gaming facility for an individual
patron in which the patron may deposit and withdraw funds for sports wagering
and other authorized purchases, and to which the licensed gaming facility may
credit winnings or other amounts due to that patron or authorized by that
1819) “Sports wagering agreement” means a
written agreement between the commission and one or more other governments
whereby persons who are physically located in a signatory jurisdiction may
participate in sports wagering conducted by one or more operators licensed by
the signatory governments.
1920) “Sports wagering fund” means the
special fund in the State Treasury, created in §29-22D-17 of this code.
2021) “Supplier” means a person that
requires a supplier license to provide a sports wagering licensee with goods or
services to be used in connection with operation of West Virginia Lottery
2122) “Wager” means a sum of money or thing
of value risked on an uncertain occurrence.
2223) “West Virginia Lottery sports wagering”
or “sports wagering” means the business of accepting wagers on sporting events,
and other events, the individual performance statistics of athletes in a
sporting event or other events, or a combination of any of the same by any
system or method of wagering approved by the commission including, but not
limited to, mobile applications and other digital platforms that utilize
communications technology to accept wagers originating within this state. The
term includes, but is not limited to, exchange wagering, parlays, over-under,
moneyline, pools, and straight bets. The term does not include:
(A) Pari-mutuel betting on the outcome of horse or dog races, authorized by §19-23-12a and §19-23-12d of this code;
(B) Lottery games of the West Virginia State Lottery, authorized by §29-22-1 et seq. of this code;
(C) Racetrack video lottery, authorized by §29-22A-1 et seq. of this code;
(D) Limited video lottery, authorized by §29-22B-1 et seq. of this code;
(E) Racetrack table games, authorized by §29-22C-1 et seq. of this code;
(F) Video lottery and table games, authorized by §29-25-1 et seq. of this code; and
(G) Daily Fantasy Sports (DFS).
2324) “West Virginia
Lottery sports wagering license” means authorization granted under this
article by the commission to a gaming facility that is already licensed under
§29-22A-1 et seq. or §29-25-1 et seq. of this code, which permits
the gaming facility as an agent of the commission to operate West Virginia
Lottery sports wagering in one or more designated areas or in one or more
buildings owned by the licensed gaming facility on the grounds where video
lottery is conducted by the licensee or through any other authorized platform
developed by the gaming facility. This term is synonymous with “operator’s