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Introduced Version Senate Bill 34 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 34

(By Senator Deem)

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[Introduced January 13, 2010; referred to the Committee on the Judiciary; and then to the Committee on Finance.]

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A BILL to amend and reenact §29-22B-1902 of the Code of West Virginia, 1931, as amended, relating to allowing a county commission to provide, by ordinance, for regulation and restriction of the location of any premises in which a limited video lottery retailer holds a license.

Be it enacted by the Legislature of West Virginia:
That §29-22B-1902 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 22B. LIMITED VIDEO LOTTERY.
§29-22B-1902. Preemption of state laws or local regulation.
(a) No state or local law or regulation providing any penalty, disability, restriction, regulation or prohibition for the manufacture, transportation, storage, distribution, advertising, possession or sale of any lottery video lottery terminal, games or materials or for the operation of any lottery shall apply applies to operations by the Lottery Commission or persons licensed pursuant to this article or operations or activities that are authorized in this article.
(b) The provisions of This article preempts all regulations, rules, ordinances and laws of any county or municipality in conflict herewith. Provided, That with this article. However, nothing herein shall invalidate in this article invalidates any zoning law, or Sunday closing law under section one, article ten, chapter sixty-one, et seq. of this code. In addition, a county commission may provide by ordinance for regulation and restriction of the location of any premises in which a limited video lottery retailer holds a license.
(c) Nothing in this article shall be deemed to permit permits the operation of any lottery otherwise prohibited by the laws of this state, not owned and operated by this state and permitted by this article.


NOTE: The purpose of this bill is to allow a county commission to provide by ordinance for regulation and restriction of the location of any premises in which a limited video lottery retailer holds a license.

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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