H. B. 2046
(By Delegate Cann)
[Introduced January 11, 2007; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact §29-22A-3 of the Code of West Virginia,
1931, as amended, relating to definitions applicable to
racetrack video lottery; and allowing a horse theme park as a
pari-mutuel racing facility in north central West Virginia
.
Be it enacted by the Legislature of West Virginia:
That §29-22A-3 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 22A. RACETRACK VIDEO LOTTERY.
§29-22A-3. Definitions.
As used in this article:
(a) "Applicant" means any person applying for any video
lottery license or permit.
(b) "Associated equipment" means any hardware located on a
licensed racetrack's premises which is connected to the video
lottery system for the purpose of performing communication, validation or other functions, but not including the video lottery
terminals or the communication facilities of a regulated public
utility.
(c) "Background investigation" means a security, criminal and
credit investigation of a person, as defined in this section, who
has applied for a video lottery license or permit, or who has been
granted a video lottery license or permit.
(d) "Central computer," "central control computer" or "central
site system" means any central site computer provided to and
controlled by the commission to which video lottery terminals
communicate for purposes of information retrieval and terminal
activation and to disable programs.
(e) "Commission" or "state lottery commission" means the West
Virginia Lottery Commission created by article twenty-two of this
chapter.
(f) "Control" means the authority to direct the management and
policies of an applicant or a license or permit holder.
(g) "Costs" means the expenses incurred by the commission in
the testing and examination of video lottery terminals and the
performance of background investigations and other related
activities which are charged to and collected from applicants or
license or permit holders.
(h) "Director" means the individual appointed by the Governor
to provide management and administration necessary to direct the state lottery office.
(i) "Disable" or "terminal disable" means the process of
executing a shutdown command from the central control computer
which causes video lottery terminals to cease functioning.
(j) "Display" means the visual presentation of video lottery
game features on a video lottery terminal in the form of video
images, actual symbols or both.
(k) "EPROM" and "erasable programmable read-only memory chips"
means the electronic storage medium on which the operation software
for all games playable on a video lottery terminal resides and
which can also be in the form of CD-ROM, flash RAM or other new
technology medium that the commission may from time to time approve
for use in video lottery terminals. All electronic storage media
are considered to be the property of the State of West Virginia.
(l) "Floor attendant" means a person, employed by a licensed
racetrack, who holds a permit issued by the commission and who
corrects paper jams and bill jams in video lottery terminals and
also provides courtesy services for video lottery players.
(m) "Gross terminal income" means the total amount of cash,
vouchers or tokens inserted into the video lottery terminals
operated by a licensee, minus the total value of coins and tokens
won by a player and game credits which are cleared from the video
lottery terminals in exchange for winning redemption tickets.
(n)
"Horse rescue league" means a nonprofit organization for the purpose of rescuing, rehabilitating and retraining race and
performance horses.
(o)"License" or "video lottery license" means authorization
granted by the commission to a racetrack which is licensed by the
West Virginia Racing Commission to conduct thoroughbred or
greyhound racing meetings pursuant to article twenty-three, chapter
nineteen of this code permitting the racetrack to operate video
lottery terminals authorized by the commission.
(o) (p) "Lottery" means the public gaming systems or games
established and operated by the State Lottery Commission.
(p) (q) "Manufacturer" means any person holding a permit
granted by the commission to engage in the business of designing,
building, constructing, assembling or manufacturing video lottery
terminals, the electronic computer components of the video lottery
terminals, the random number generator of the video lottery
terminals, or the cabinet in which it is housed, and whose product
is intended for sale, lease or other assignment to a licensed
racetrack in West Virginia, and who contracts directly with the
licensee for the sale, lease or other assignment to a licensed
racetrack in West Virginia.
(q) (r) "Net terminal income" means gross terminal income
minus an amount deducted by the commission to reimburse the
commission for its actual costs of administering racetrack video
lottery at the licensed racetrack. No deduction for any or all costs and expenses of a licensee related to the operation of video
lottery games shall may be deducted from gross terminal income.
(r) (s) "Noncash prize" means merchandise which a video
lottery player may be given the option to receive in lieu of cash
in exchange for a winning redemption ticket and which shall be is
assigned a redemption value equal to the actual cost of the
merchandise to the licensed racetrack.
(s) (t) "Own" means any beneficial or proprietary interest in
any property or business of an applicant or licensed racetrack.
(t) (u) "Pari-mutuel racing facility," "licensed racetrack,"
"racetrack" or "track" means a facility where horse or dog race
meetings are held and the pari-mutuel system of wagering is
authorized pursuant to the provisions of article twenty-three,
chapter nineteen of this code: Provided, That, for the purposes of
this article, "pari-mutuel racing facility," "licensed racetrack,"
"racetrack" or "track" includes only a facility which was licensed
prior to the first day of January, one thousand nine hundred
ninety-four, or a facility located in north central West Virginia,
designated as a "horse theme park", which includes at a minimum,
the following elements that are enclosed by a structure, not less
than eleven stories in height: An oval racetrack dedicated
primarily to the racing and showing of thoroughbred horses, quarter
horses and other horse breeds, show arenas, veterinary clinic and
hotel rooms, retail shopping areas, amusement park, water park, museums and a horse rescue league, to be licensed prior to the
first day of January, two thousand ten, to hold horse or dog race
meetings, and which conducts not less than two hundred twenty live
racing dates for each horse or dog race meeting or such other
number of live racing dates as may be approved by the Racing
Commission in accordance with the provisions of section twelve-b,
article twenty-three, chapter nineteen of this code.
(u) (v) "Permit" means authorization granted by the commission
to a person to function as either a video lottery manufacturer,
service technician or validation manager.
(v) (w) "Person" means any natural person, corporation,
association, partnership, limited partnership, or other entity,
regardless of its form, structure or nature.
(w) (x) "Player" means a person who plays a video lottery game
on a video lottery terminal at a racetrack licensed by the
commission to conduct video lottery games.
(x) (y) "Service technician" means a person, employed by a
licensed racetrack, who holds a permit issued by the commission and
who performs service, maintenance and repair on licensed video
lottery terminals in this state.
(y) (z) "Video lottery game" means a commission approved,
owned and controlled electronically simulated game of chance which
is displayed on a video lottery terminal and which:
(1) Is connected to the commission's central control computer by an on-line or dial-up communication system;
(2) Is initiated by a player's insertion of coins, currency,
vouchers or tokens into a video lottery terminal, which causes game
play credits to be displayed on the video lottery terminal and,
with respect to which, each game play credit entitles a player to
choose one or more symbols or numbers or to cause the video lottery
terminal to randomly select symbols or numbers;
(3) Allows the player to win additional game play credits,
coins or tokens based upon game rules which establish the random
selection of winning combinations of symbols or numbers or both and
the number of free play credits, coins or tokens to be awarded for
each winning combination of symbols or numbers or both;
(4) Is based upon computer-generated random selection of
winning combinations based totally or predominantly on chance;
(5) In the case of a video lottery game which allows the
player an option to select replacement symbols or numbers or
additional symbols or numbers after the game is initiated and in
the course of play, either: (A) Signals the player, prior to any
optional selection by the player of randomly generated replacement
symbols or numbers, as to which symbols or numbers should be
retained by the player to present the best chance, based upon
probabilities, that the player may select a winning combination;
(B) signals the player, prior to any optional selection by the
player of randomly generated additional symbols or numbers, as to whether such additional selection presents the best chance, based
upon probabilities, that the player may select a winning
combination; or (C) randomly generates additional or replacement
symbols and numbers for the player after automatically selecting
the symbols and numbers which should be retained to present the
best chance, based upon probabilities, for a winning combination,
so that in any event, the player is not permitted to benefit from
any personal skill, based upon a knowledge of probabilities, before
deciding which optional numbers or symbols to choose in the course
of video lottery game play;
(6) Allows a player at any time to simultaneously clear all
game play credits and print a redemption ticket entitling the
player to receive the cash value of the free plays cleared from the
video lottery terminal; and
(7) Does not use the following game themes commonly associated
with casino gambling: Roulette, dice, or baccarat card games:
Provided, That games having a display with symbols which appear to
roll on drums to simulate a classic casino slot machine, game
themes of other card games and keno may be used.
(z) (aa) "Validation manager" means a person who holds a
permit issued by the commission and who performs video lottery
ticket redemption services.
(aa) (bb) "Video lottery" means a lottery which allows a game
to be played utilizing an electronic computer and an interactive computer terminal device, equipped with a video screen and keys, a
keyboard or other equipment allowing input by an individual player,
into which the player inserts coins, currency, vouchers or tokens
as consideration in order for play to be available, and through
which terminal device the player may receive free games, coins,
tokens or credit that can be redeemed for cash, annuitized payments
over time, a noncash prize or nothing, as may be determined wholly
or predominantly by chance. "Video lottery" does not include a
lottery game which merely utilizes an electronic computer and a
video screen to operate a lottery game and communicate the results
of the game, such as the game "Travel," and which does not utilize
an interactive electronic terminal device allowing input by an
individual player.
(bb) (cc) "Video lottery terminal" means a commission-approved
interactive electronic terminal device which is connected with the
commission's central computer system, and which is used for the
purpose of playing video lottery games authorized by the
commission. A video lottery terminal may simulate the play of one
or more video lottery games.
(cc) (dd) "Wager" means a sum of money or thing of value
risked on an uncertain occurrence.
NOTE: The purpose of this bill is to
allow an additional
"Pari-mutuel racing facility" in north central West Virginia with
strict limitations on the nature and scope of the facility.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.