H. B. 4741
(By Delegates Michael, Doyle, G. White,
Stalnaker and H. White)
(Originating in the Committee on Finance)
[February 27, 2004]
A BILL to amend and reenact §29-22B-1101 of the code of West
Virginia, 1931, as amended, relating generally to number and
location of limited video lottery terminals; limiting number
of video lottery terminals that certain fraternal societies
and veterans' organizations may be authorized to have on the
premises for which the license was issued; and permitting the
relocation of video lottery terminals by certain fraternal
societies and veterans' organizations under certain
circumstances.
Be it enacted by the Legislature of West Virginia:
That §29-22B-1101 of the code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 22B. LIMITED VIDEO LOTTERY.
§29-22B-1101. Limitation on number and location of video lottery
terminals
.
(a) The lottery commission may not authorize the placement of more than nine thousand video lottery terminals in restricted
access adult-only facilities in this state.
(b) No person may directly or indirectly operate more than
seven and one-half percent of the number of video lottery terminals
authorized in this section, which shall be located only in
restricted access adult-only facilities.
(c) No licensed limited video lottery retailer may be
authorized to have on the premises for which the license was issued
more than five video lottery terminals except that a fraternal
society or veteran's organization that is: (A) A fraternal
beneficiary society that is exempt from federal income tax under
section 501(c)(8)of the Internal Revenue Code of 1986, as amended;
(B) a domestic fraternal society that is exempt from federal income
tax under section 501(c)(10); or (C) a veterans' organization that
is exempt from federal income tax under section 501(c)(19) of the
Internal Revenue Code may be authorized to have on the premises for
which the license was issued not more than ten video lottery
terminals
: Provided, That after the thirty-first day of March, two
thousand four, a fraternal beneficiary society, domestic fraternal
society or veterans' organization described in this subsection
shall not have on the premises for which the license was issued
more than five video lottery terminals unless the society or
organization applying for the license or for renewal thereof was
authorized on the first day of March, two thousand four, to have
not more than ten video lottery terminals at the location for which
the license in effect on the first day of March, two thousand four, was issued. The license of a fraternal beneficiary society,
domestic fraternal society or veterans' organization described in
this subsection allowing the holder to have on the premise for
which the license was issued not more than ten video lottery
terminals may be transferred to a different location operated by
the society or organization provided the location satisfies all
other requirements of this article and any rules promulgated by the
lottery commission to have video lottery terminals at that
location.