H. B. 2921
(By Delegates Ashley, Amores, Staton,
Laird, Perdue and Beane)
[Introduced February 26, 1999; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend chapter sixty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article nine, relating to
creating the "Amusement Device Control Act of 1999";
definition of amusement devices; regulating use of machines;
rules; survey of amusement devices; and penalty for
noncompliance.
Be it enacted by the Legislature of West Virginia:
That chapter sixty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article nine, to read as
follows:
ARTICLE 9. THE AMUSEMENT DEVICE CONTROL ACT OF 1999.
§60-9-1. Short title.
This article shall be known as "The Amusement Device Control Act of 1999."
§60-9-2. Legislative findings and purpose.
The Legislature hereby finds that there is not adequate
control of the use of machines, found in various business
establishments in this state, that could be used for purposes in
violation of the provisions of section one, article ten, chapter
sixty-one of this code which prohibits any slot machine, multiple
coin console machine, multiple coin console slot machine or
device in the nature of a slot machine which has no name. The
regulation and control of these no name machines is essential to
the safety and welfare of the people of this state in the
prohibition of nonapproved sanctioned amusement devices and
machines.
§60-9-3. Definitions.
As used in this article, "amusement device" means those
machines or devices which have no other name, are in the nature
of a slot machine or any slot machine, multiple coin console
machine, multiple coin console slot machine or device in the
nature of a slot machine, or device of like kind
and are kept and
maintained in business establishments.
§60-9-4. Rules necessary for effective administration.
The commissioner is authorized to propose for legislative
approval in accordance with article three, chapter twenty-nine-a of this code, rules, consistent with the policy and objectives of
this article, as he or she may consider necessary to protect the
public interest in carrying out its provisions. The commissioner
may adopt emergency rules to timely execute his or her duties
under this article.
§60-9-5. Amusement device survey; ownership; location.
(a) Every person doing business in this state and owning any
interest in an amusement device or devices as defined herein, or
owning an interest in any firm, corporation or other entity
having ownership in those devices, whether or not licensed to do
business in this state, shall, on or before the first day of
July, one thousand nine hundred ninety-nine, report to the
alcohol beverage control commissioner, as to each device, the
following: (1) Make; (2) model; (3) serial number; (4) name(s)
of owner(s); (5) address(es) of owner(s); (6) telephone number(s)
of owner(s); (7) the name(s) of the person(s) having the actual
physical possession of the device; (8) the address(es) and
telephone number of the person having the actual physical
possession of the device; and (9) the actual physical location of
the device, together with such additional information as the
commissioner may require.
(b) Every person doing business in this state who is in
possession, but not the owner of an amusement device or devices
as defined herein shall, on or before the first day of July, one thousand nine hundred ninety-nine, file a report with the alcohol
beverage control commissioner, as to each device, the following:
(1) Make; (2) model; (3) serial number; (4) name(s) of owner(s);
(5) address(es) of owner(s); (6) telephone number(s) of owner(s);
(7) filer's name, address and telephone number; (8) the actual
physical location of the device, together with such additional
information the commissioner may require.
§60-9-6. Continuing participation in survey.
Commencing on the first day of July, one thousand nine
hundred ninety-nine and continuing thereafter until otherwise
required under rules proposed by the commissioner, every person
doing business in this state who acquires the ownership or
possession of an amusement device as described in this article,
including those persons who made full and apt disclosure on or
before that date, shall, within thirty days of the acquisition
thereof, notify the commissioner, as to each device, the
following: (1) Make; (2) model; (3) serial number; (4) name(s)
of owner(s); (5) address(es) of owner(s); (6) telephone number(s)
of owner(s); (7) the name(s) of the person(s) having the actual
physical possession of the device; (8) the address(es) and
telephone numbers(s) of the person(s) having the actual physical
possession of the device; and (9) the actual physical location of
the device, together with such additional information the
commissioner may require.
§60-9-7. Limitation on criminal liability.
Except for prosecutions under section eight of this article,
relating to failure to disclose ownership or possession of
amusement devices, no information filed with the commissioner
pursuant to the requirements of sections five and six of this
chapter is admissible in evidence in any criminal proceeding
against: (1) The person or persons providing the information;
(2) any person or persons whose names, address, or telephone
numbers appear in the filings; and (3) any person who, but for
the filing of the required information, would have been unknown
to prosecutorial authorities.
§60-9-8. Failure to disclose; concealment; penalties.
(a) Any person who willfully fails to disclose the ownership
or possession of an amusement device, as herein required or as
hereafter from time to time required by the commissioner is, as
to each device so canceled, guilty of a misdemeanor and, upon
conviction thereof, shall be confined in the county or regional
jail for a period not to exceed six months and fined not less
then one hundred nor more than five hundred dollars.
(b) Any person violating the provisions of subsection (a) of
this section is, for the second offense thereof, guilty of a
misdemeanor and, upon conviction thereof, shall be confined in
the county or regional jail for a period not less then ten days nor more than one year and fined not less than two hundred fifty
nor more than one thousand dollars.
(c) Any person violating the provisions of subsection (a) of
this section is, for the third offense thereof, guilty of a
felony and, upon conviction thereof, shall be imprisoned in a
state correctional institution for not less than one nor more
than three years and fined not less than two thousand nor more
than ten thousand dollars.
NOTE: The purpose of this bill is to regulate certain
amusement devices.
This article is new; therefore, strike-throughs and
underscoring have been omitted.