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Introduced Version - Originating in Committee Senate Concurrent Resolution 79 History

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Key: Green = existing Code. Red = new code to be enacted

SENATE CONCURRENT RESOLUTION 79

(By  Senators Tarr, Sypolt, Baldwin, Boley, Clements, Hamilton, Ihlenfeld, Maroney, Martin, Nelson, Plymale, Roberts, Stollings, Swope, Takubo, and Unger)

[Originating in the Committee on Finance; reported on April 10, 2021]

 

Requesting the Joint Committee on Government and Finance conduct a study on the structure of state regulation and statutory construction related to gambling entities in West Virginia as a means to maximize the proceeds and revenue generated in the state by the gaming industry. 

Whereas, Pursuant to section 36, article IV of the West Virginia Constitution, the Legislature is granted the authority, established by general law, a lottery which the State of West Virginia is to regulate, control, own, and operate; and

Whereas, In 1985, the Legislature created the State Lottery Act which, among other things, allowed for the sale of lottery tickets which was the genesis of the gaming industry in West Virginia; and

Whereas, Since that time, the gaming industry in this state has been expanded.  In 1994, racetrack video lottery was authorized.  In 2001, limited video lottery was authorized.  In 2007, lottery racetrack table games were authorized; and

Whereas, Incidental to regulation of the gaming industry, the state issued rules that provide for licensing and oversight.  These rules include fees and fines.  Additionally, there are a number of funds created in code that reallocate funds from gaming proceeds back into the gaming industry for a variety of purposes; and

Whereas, Funds generated from the gaming industry in West Virginia were in excess of $972,000,000 in fiscal year 2020; and

Whereas, The gaming industry in West Virginia is a major source of revenue for the state, creating an integral connection and partnership between the State of West Virginia and the various entities that operate gaming and gaming facilities throughout the state; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study on the structure of state regulation and statutory construction related to gambling entities in West Virginia as a means to maximize the proceeds and revenue generated in the state by the gaming industry; and, be it

Further Resolved, That in an effort to further diversify the revenue base of the state, it is incumbent upon West Virginia to examine various aspects of the gaming industry to maximize the profit and safety of the industry.  This should include streamlined regulations, innovative ways to generate increased revenue, and a review of gaming satellite operations; and, be it

Further Resolved, That West Virginia needs to compare our gaming industry to our surrounding states to continue to remain attractive to consumers and to remain competitive.  This should include a study of the licensing and regulation of the gaming industry, the taxing of components of the gaming industry, variances in taxing throughout the gaming industry, the state cost associated with the gaming industry, ways to further maximize the revenue return to the state, and ways to best utilize the revenue generated by the industry; and, be it

Further Resolved, That in conducting this study, the Legislature needs to remain cognizant of the constitutional restraints placed upon the funds from the gaming industry, the continued safety of the gaming industry, and the connection which the state has to the industry; and, be it

Further Resolved, That the Legislature should consult with industry representatives in conducting a study to further improve gaming throughout the state with the goal of increasing state revenue while making the operation of the industry more conducive to further development; and, be it

Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2022, on its findings, conclusions, and recommendations, together with drafts of any legislation or resolutions necessary to effectuate its recommendations; and, be it

Further Resolved, That the expenses necessary to conduct this study, to prepare a report, and to draft necessary legislation be paid from the legislative appropriations to the Joint Committee on Government and Finance.

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