H. B. 4512
(By Delegates Webb, Armstead and Walters)
[Introduced
February 17, 2004
; 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 section, designated §29-22-27b; and to
amend said code by adding thereto three new sections,
designated §29-22A-20, §29-22A-21 and §29-22A-22, all relating
to requiring the lottery commission to display or reference
the 1-800-GAMBLER help-line in all advertising; creating a
gambling prevention fund to be used to educate youth and
others about the dangers of gambling addiction; requiring the
lottery commission to produce television advertising
concerning the dangers of gambling; requiring racetracks to
display posters and provide brochures addressing the dangers
of obsessive gambling and gambling addiction; and requiring
racetracks to provide orientation materials to new employees
concerning the dangers associated with obsessive gambling and
gambling addiction.
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 section, designated §29-22-27b, and that
said code be amended by adding thereto three new sections,
designated §29-22A-20, §29-22A-21 and §29-22A-22
, all to read as
follows:
ARTICLE 22. STATE LOTTERY ACT.
§29-22-27b. All lottery commission advertising and all
scratch-off lottery and daily number lottery
tickets to include help-line telephone number.
The director shall ensure that any advertising medium
includes a prominent display or reference to the 1-800-GAMBLER
help-line as set forth under section nine hundred seven, article
twenty-two-b of this chapter. The director shall also ensure that
each scratch-off lottery ticket or daily number lottery ticket
includes a prominent display of the 1-800-GAMBLER help-line as well
as any self-vending lottery ticket machines, which shall display
the help-line number on the front of the machine.
ARTICLE 22A. RACETRACK VIDEO LOTTERY.
§29-22A-20. Prevention fund; fund proceeds to be used to educate
youth about dangers of gambling.
There is hereby created and established a separate special
account to be known as the "Gambling Prevention Fund". The fund
shall be appropriated from the commission's administrative expense account and shall be not less than two hundred thousand dollars nor
more than six hundred thousand dollars per fiscal year, as
determined by the commission, to provide funds for the express
purpose of educating youth and other persons in order to prevent
them from becoming addicted to gambling.
The state board of education in consultation with the
secretary of education shall propose legislative rules in
accordance with article three-a, chapter twenty-nine-a of this
code, designed to develop criteria which a prevention program for
prospective gambling addiction must meet, in the high schools and
other organized settings where youth congregate, in order to become
eligible for a grant from the funds made available for programs
provided for under this section. The prevention program shall
include similar principals and persuasive techniques as those
included in the DARE (Drug Abuse Resistance Education) program.
The state board and secretary of education, in conjunction with the
commission, shall, additionally, propose legislative rules in
accordance with article three, chapter twenty-nine-a of this code,
designed to develop a formula for the distribution of available
funds in order to provide an equitable distribution of funds among
eligible programs which meet the eligibility criteria for grants
distributed under the provisions of this section.
The commission shall report annually to the Legislature on the
number and amounts of grants distributed and the number of youth and other persons served by the programs.
§29-22A-21. Lottery commission to produce television
advertisements to enlighten public on evils of
gambler addiction.
Subject to legislative appropriation, the commission shall
cause to be produced and aired, television commercials intended to
educate the general public about the problems associated with
obsessive and compulsive gambling and gambling addiction. The
director shall recruit and secure the advice of a problem gambler
focus group to offer advice on the content and production of these
commercials. The commission and director shall propose legislative
rules in accordance with article three, chapter twenty-nine-a of
this code, to set standards regarding the frequency, length and
content of the commercials.
§29-22A-22. All racetracks to post help-line telephone number;
help posters and brochures; new employee
orientation materials; placement of ad in daily
race programs.
(a) All licensed racetracks subject to the provisions of this
article shall prominently display on each video lottery machine
located on its premises the 1-800-GAMBLER help-line referenced
under section nine hundred seven, article twenty-two-b of this
chapter. Each of these racetracks shall additionally display in
prominent places throughout the premises, including in restrooms, toilet stalls in the restrooms, gaming areas and at cashier's
windows and ATM machines, help posters and brochures which address
obsessive and compulsive gambling and gambling addiction in an
educationally constructive manner. The commission and the
secretary shall propose legislative rules in accordance with
article three, chapter twenty-nine-a of this code to govern the
lay-out, content, size, configuration and material composition of
the help posters and brochures.
(b) Any new employee of a licensed racetrack shall receive
orientation materials regarding obsessive and compulsive gambling
and gambling addiction which shall be drafted and comprised in an
educationally constructive manner. The commission and the
secretary shall propose legislative rules in accordance with
article three, chapter twenty-nine-a of this code to govern the
content of these orientation materials.
(c) Each licensed racetrack subject to the provisions of this
article shall place a full-page advertisement in each daily race
program offered to members of the public. The advertisement shall,
at a minimum, list the symptoms of obsessive and compulsive
gambling and gambling addiction.
NOTE: The several purposes of this bill include the
following: (1) Requiring the lottery commission to display or
reference the 1-800-GAMBLER help-line in all its advertising; (2)
creating a gambling prevention fund to be used to educate youth and
others about the dangers of gambling addiction; (3) requiring the lottery commission to produce television advertising concerning the
dangers of gambling; (4) requiring racetracks to display posters
and provide brochures addressing the dangers of obsessive gambling
and gambling addiction; and (5) requiring racetracks to provide
orientation materials to new employees concerning the dangers
associated with obsessive gambling and gambling addiction.
These sections are new; therefore, strike-throughs and
underscoring have been omitted.
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