§29-22D-1. Short Title
This article shall be known and may be cited as the West Virginia Lottery Sports Wagering Act.
§29-22D-10. License Prohibitions
(a) The commission may not grant any license, pursuant to the provisions of this article, if evidence satisfactory to the commission exists that the applicant: (1) Has knowingly made a false statement of a material fact to the commission;
§29-22D-11. Sports Wagering House Rules; Posting of Rules
(a) Each operator shall adopt comprehensive house rules for game play governing sports wagering transactions with its patrons. These comprehensive rules will be published as part of the minimum internal control standards. The rules shall specify the amounts to be paid on winning wagers and the effect of schedule changes. House rules shall be approved […]
§29-22D-12. Operator Duties; Sports Wagering Operations at a Licensed Gaming Facility
(a) General. — All operators licensed under this article to conduct West Virginia Lottery sports wagering shall: (1) Employ a monitoring system utilizing software to identify non-normal irregularities in volume or odds swings which could signal suspicious activities that should require further investigation which shall be immediately reported and investigated by the commission. System requirements […]
§29-22D-13. Posting of Betting Limits
A sports wagering licensee shall conspicuously post a sign at each West Virginia Lottery sports wagering location indicating the minimum and maximum wagers permitted at that location and shall comply with the same.
§29-22D-14. Sports Wagering Agreements With Other Governments
(a) On behalf of the State of West Virginia, the commission is authorized to: (1) Enter into sports wagering agreements with other governments whereby persons who are physically located in a signatory jurisdiction may participate in sports wagering conducted by one or more operators licensed by the signatory governments; and
§29-22D-15. Authorization of Sports Wagering in This State; Requirements
(a) An operator shall accept wagers on sports events and other events authorized under this article from persons physically present in a licensed gaming facility where authorized sports wagering occurs, or from persons not physically present who wager by means of electronic devices. A person placing a wager shall be at least 21 years of […]
§29-22D-16. Sports Wagering Revenues; Accounting for the State’s Share of Revenue Imposed for the Privilege of Offering West Virginia Lottery Sports Wagering; Limitation of Other Taxes; Recoupment for Improvements
(a) Imposition and rate of assessment. — For the privilege of holding a license to operate sports wagering under this article, the state shall impose and collect ten percent of the licensee’s adjusted gross sports wagering receipts from the operation of West Virginia Lottery sports wagering (hereinafter “privilege tax” or “tax”). The accrual method of […]
§29-22D-17. West Virginia Lottery Sports Wagering Fund; Distribution of Funds
(a) The special fund in the State Treasury known as the West Virginia Lottery Sports Wagering Fund is hereby created and all moneys collected under this article by the commission shall be deposited with the State Treasurer to the West Virginia Lottery Sports Wagering Fund. The fund shall be an interest-bearing account with all interest […]
§29-22D-18. Law Enforcement
Notwithstanding any provision of this code to the contrary, the commission shall, by contract or cooperative agreement with the West Virginia State Police, arrange for those law-enforcement services uniquely related to gaming, as such occurs at facilities of the type authorized by this article, that are necessary to enforce the provisions of this article that […]
§29-22D-19. Civil Penalties
(a) The commission may impose, on any person who violates the provisions of this article, a civil penalty not to exceed $50,000 for each violation. Such penalty shall be imposed on all individuals and is not limited to individuals licensed under this article. This provision shall not be construed as applicable to office pools. (b) […]
§29-22D-2. State Authorization of Sports Wagering at Licensed Racetrack Facilities and Historic Resort Hotel; Legislative Findings and Declarations
(a) Operation of West Virginia Lottery sports wagering. — Notwithstanding any provision of law to the contrary, the operation of sports wagering and ancillary activities are only lawful when conducted in accordance with the provisions of this article and rules of the commission. (b) Legislative findings. — (1) The Legislature finds that the operation of […]
§29-22D-20. Crimes and Penalties Related to Unauthorized Sports Wagering Operations
(a) Any person, other than a licensee under this article, who engages in accepting, facilitating, or operating a sports wagering operation is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $10,000 or confined in jail for not more than ninety days, or both fined and confined. (b) Notwithstanding the […]
§29-22D-21. Crimes and Penalties Related to Authorized Sports Wagering Operation
(a) A sports wagering licensee is guilty of unlawful operation and is guilty of a misdemeanor when: (1) The licensee operates West Virginia Lottery sports wagering without authority of the commission to do so;
§29-22D-22. Preemption
No local law or rule providing any penalty, disability, restriction, regulation, or prohibition for operating a gaming facility with West Virginia Lottery sports wagering or supplying a licensed gaming facility may be enacted, and the provisions of this article preempt all regulations, rules, ordinances, and laws of any county or municipality in conflict with this […]
§29-22D-23. Exemption From Federal Law
Pursuant to Section 2 of Chapter 1194, 64 Stat. 1134, 15 U.S.C. §1172, approved January 2, 1951, the State of West Virginia, acting by and through duly elected and qualified members of the Legislature, does declare and proclaim that the state is exempt from chapter 1194, 64 Stat. 1134, 15 U.S.C. §1171 to §1178.
§29-22D-24. Shipment of Gambling Devices
All shipments of gambling devices including any sports wagering devices or related materials to licensed gaming facilities in this state are legal shipments of gambling devices into the State of West Virginia, as long as the registering, recording, and labeling of which have been completed by the supplier thereof in accordance with Chapter 1194, 64 […]
§29-22D-3. Definitions
For the purposes of this article, the following terms have the meanings ascribed to them in this section: (1) “Adjusted gross sports wagering receipts” means an operators gross sports wagering receipts from West Virginia Lottery sports wagering, less winnings paid to wagerers in such games.
§29-22D-4. Commission Duties and Powers
(a) In addition to the duties set forth elsewhere in this article, §29-22-1 et seq., §29-22A-1 et seq., §29-22B-1 et seq., §29-22C-1 et seq., and §29-25-1 et seq. of this code, the commission shall have the authority to regulate sports pools and the conduct of sports wagering under this article. (b) The commission shall examine […]
§29-22D-5. Licenses Required
(a) The commission shall not grant a license required under this article to any applicant until the commission has published the notice in the State Register, as required by §29-22D-15(f) of this code. (b) No person may engage in any activity in connection with West Virginia Lottery sports wagering in this state unless all necessary […]