WEST virginia legislature

2016 regular session

Committee Substitute

for

Senate Bill 529

By Senators Ferns, Blair, Carmichael, Palumbo Stollings, Trump and Woelfel

[Originating in the Committee on the Judiciary; reported on February 15, 2016.]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §47-28-1 and §47-28-2, all relating to fantasy games; defining fantasy game; providing that fantasy games are lawful; and clarifying that fantasy games are not subject to criminal penalties or sanctions.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §47-28-1 and §47-28-2, all to read as follows:

ARTICLE 28. FANTASY GAMES.

§47-28-1. Definitions.

“Fantasy game” means a fantasy or simulation sports game or educational game or contest that meets the following conditions:

(1) The value of all prizes and awards offered to winning participants is established and made known to the participants in advance of the fantasy game.

(2) All winning outcomes reflect the relative knowledge and skill of participants and are determined predominantly by accumulated statistical results of the performance of individuals, including athletes in the case of sporting events.

(3) A winning outcome is not based on the score, point spread or performance of a single team or combination of such teams, or on any single performance of an individual athlete or player in a single event.

§47-28-2. Fantasy games authorized.

(a) Nothing in this code shall be deemed to prohibit the offering of or participation in fantasy games as defined in this article.

(b) Nothing in this code or in any regulation, rule, ordinance or other law shall be deemed or construed to provide or impose criminal penalties or sanctions of any kind for offering or participating in fantasy games as defined in this article.