WEST virginia Legislature

2016 regular session

Introduced

House Bill 4583

By Delegates McCuskey, McGeehan, Moffatt, Blair, Foster, Fluharty, Weld, B. White and Storch

[Introduced February 17, 2016; Referred
to the Committee on the Judiciary then Finance.]

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 exempting fantasy games from regulation.

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) Notwithstanding any provision of law to the contrary, the offering of or participation in fantasy games is lawful.

(b) No law or rule providing any penalty, disability, restriction, regulation or prohibition for the offering of or participation in fantasy games may be enacted and the provisions of this article preempt all regulations, rules, ordinances and laws in conflict with this article.

NOTE: The purpose of this bill is to recognize that fantasy games are lawful and to exempt such games from any penalty, disability, restriction, regulation or prohibition in this state.

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