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Introduced Version House Bill 4609 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 4609


(By Delegates Pino, Miley, Reynolds, Williams,
Lane, Beach, Sobonya, Canterbury,
Carmichael, Kessler and Perdue)
[Introduced February 18, 2008 ; referred to the
Committee on the Judiciary.]


A BILL to amend and reenact §29-25-3 of the Code of West Virginia, 1931, as amended, relating to authorizing the State Lottery Commission to require gaming facilities to issue monthly statements that list patrons' gaming winnings and losses.

Be it enacted by the Legislature of West Virginia:
That §29-25-3 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 25. AUTHORIZED GAMING FACILITY.
§29-25-3. Commission duties and powers.
(a) Duties. -- In addition to the duties set forth elsewhere in this article, the commission shall:
(1) Establish standards for gaming devices and supplies, including electronic or mechanical gaming devices;
(2) Approve rules for all authorized games of chance proposed to be operated by a gaming licensee;
(3) Establish standards governing gaming facilities generally, including the maintenance of financial books and records;
(4) Provide staff to supervise, inspect and monitor the operation of any gaming facility, including inspection of gaming devices and supplies used in the operation to assure continuous compliance with all rules of the commission and provisions of this article;
(5) Establish minimum levels of insurance to be maintained with respect to a gaming facility;
(6) Investigate applicants to determine eligibility for any license and, where appropriate, select among competing applicants;
(7) Designate appropriate classifications of personnel to be employed in the operation of a gaming facility and establish appropriate licensing standards within the classifications;
(8) Issue all licenses;
(9) Charge and collect the taxes and fees authorized, required or specified in this article and receive, accept and pay all taxes and fees collected under this article into the State Gaming Fund;
(10) Maintain a record of all licenses issued;
(11) Keep a public record of all commission actions and proceedings; and
(12) File a written report to the Governor, the President of the Senate and the Speaker of the House of Delegates on or before the thirtieth day of January of each year and any additional reports as the Governor or Legislature may request.
(b) Powers. -- In addition to the powers set forth elsewhere in this article, the commission has the following powers:
(1) To sue to enforce any provision of this article by injunction;
(2) To hold hearings, administer oaths and issue subpoenas for the attendance of a witness to testify and to produce evidence;
(3) To enter a gaming facility at any time and without notice to ensure strict compliance with the rules of the commission;
(4) To bar, for cause, any person from entering or participating in any capacity in the operation of a gaming facility;
(5) To require that each licensed gaming facility that tracks the amount of money or time spent gambling through the use of a card or by any method of data collection, in order to determine the value of provisions or complimentary services to patrons, issue monthly statements that list patrons' gaming winnings and losses; and
(5) (6) To exercise any other powers that may be necessary to effectuate the provisions of this article.
(c) Video lottery games. -- The commission is authorized to implement and operate video lottery games at the gaming facility licensed pursuant to this article consistent with the gaming licensee's operation of the gaming facility. With respect to video lottery games, the provisions of article twenty-two-a of this chapter apply to this article, except in the event of a conflict or inconsistency between any of the provisions of this article and the provisions of article twenty-two-a of this chapter. In that event, the provisions of this article supersede any conflicting or inconsistent provisions contained in article twenty-two-a of this chapter. In carrying out its authority under this article, the commission may: (1) Specify by rule additional licensure and fee requirements consistent with the provisions of article twenty-two-a of this chapter respecting video lottery manufacturers, service technicians and validation managers; and (2) adopt and specify any reasonable procedure, protocol or requirement to enable video lottery terminals to effectively and efficiently communicate with the commission's central computer system used in administering article twenty-two-a of this chapter.



NOTE: The purpose of this bill is to authorize the State Lottery Commission to require gaming facilities to issue monthly statements that list patrons' gaming winnings and losses, when a card or other data collecting method is used for this information.

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