§29-22A-1. Short Title
This article shall be known and may be cited as the "Racetrack Video Lottery Act."
§29-22A-10. Accounting and Reporting; Commission to Provide Communications Protocol Data; Distribution of Net Terminal Income; Remittance Through Electronic Transfer of Funds; Establishment of Accounts and Nonpayment Penalties; Commission Control of Accounting for Net Terminal Income; Settlement of Accounts; Manual Reporting and Payment May Be Required; Request for Reports; Examination of Accounts and Records
(a) The commission shall provide to manufacturers, or applicants applying for a manufacturers permit, the protocol documentation data necessary to enable the respective manufacturers video lottery terminals to communicate with the commissions central computer for transmitting auditing program information and for activation and disabling of video lottery terminals. (b) The gross terminal income of a […]
§29-22A-10a. Lottery Commission Income to Be Deposited in State Lottery Fund
Notwithstanding the provisions of subdivision one, subsection (c), section ten of this article, beginning on July 1, 1995 and continuing thereafter, the net terminal income received by the commission shall be paid into the state Lottery Fund created by section eighteen, article twenty-two of this chapter, to be appropriated by the Legislature: Provided, That income […]
§29-22A-10b. Distribution of Excess Net Terminal Income
(a) For all years beginning on or after July 1, 2001, any amount of net terminal income generated annually by a licensed racetrack in excess of the amount of net terminal income generated by that licensed racetrack during the fiscal year ending on June 30, 2001, shall be divided as follows: (1) The Commission shall […]
§29-22A-10c. Surcharge; Capital Reinvestment Fund
(a) For all fiscal years beginning on or after July 1, 2001, there shall be imposed a surcharge of ten percent against the excess of total net terminal income generated from a licensed racetrack for that fiscal year over total net terminal income from that licensed racetrack for the fiscal year ending June 30, 2001. […]
§29-22A-10d. Changes in Distribution of Net Terminal Income; Distributions From Excess Lottery Fund
(a) Notwithstanding any provision of subsection (b), section ten of this article to the contrary, for the fiscal year beginning July 1, 2014, and each fiscal year thereafter, the commission may transfer up to $9 million as actual costs and expenses to the Licensed Racetrack Modernization Fund. (b) Notwithstanding any provision of subsection (c), section […]
§29-22A-10e. Changes in Distribution of Excess Net Terminal Income; Distributions From Excess Lottery Fund
(a) Notwithstanding any provision of subsection (a), section ten-b of this article to the contrary, for the fiscal year beginning July 1, 2014, and each fiscal year thereafter, each distribution, except those distributions to be made pursuant to subdivisions (1), (2), (3), (4), (5) and (7), subsection (a), section ten-b of this article, shall be […]
§29-22A-10f. Changes in Distribution of Surcharge
(a) Notwithstanding any provision of subsection (b), section ten-c of this article to the contrary, for the fiscal year beginning July 1, 2014, and each fiscal year thereafter, each distribution made pursuant to section ten-c of this article shall be reduced by ten percent. (b) The total amount of reductions resulting from subsection (a) of […]
§29-22A-10g. Redirection of Certain Amounts From Net Terminal Revenue
(a) The Governor may, by Executive Order, redirect seventy-five percent of the deposits of revenues derived from net terminal income imposed under this article, for any period commencing after June 30, 2017, and ending before July 1, 2018, to the General Revenue Fund, instead of to the funds otherwise mandated in this article, in article […]
§29-22A-11. Maintenance of Video Lottery Terminals; Manufacturers Required to Provide Training; Notice of Availability of Training; Reports and Certificates of Training Programs; Terminals to Be Maintained in the Condition Approved; Maintenance Log Required; Keys to Video Lottery Terminals; Notice of Repairs to the Logic Area; Notice of Broken Seals on Logic Board
(a) No video lottery terminal may be placed in operation in this state until the manufacturer provides training in the service and repair of each approved video lottery terminal model and service technicians complete such training. Manufacturers must submit to the commission the following information on each training program conducted: (1) An outline of the […]
§29-22A-12. Number and Location of Video Lottery Terminals Security
(a) A racetrack which has been licensed to conduct video lottery games has the right to install and operate up to four hundred video lottery terminals at a licensed racetrack. A licensed racetrack may apply to the commission for authorization to install and operate more than four hundred video lottery terminals. If the commission determines […]
§29-22A-13. Payment of Credits; No State Liability; Method of Payment; Restrictions on Payment of Credits; Redeemed Tickets Required to Be Defaced; Liability for Video Lottery Terminal Malfunction
(a) No payment for credits awarded on a video lottery terminal may be made unless the ticket meets the following requirements: (1) The ticket is fully legible and printed on paper approved by the commission and the ticket contains all information required by this article;
§29-22A-14. Transportation and Registration of Video Lottery
(a) Trucking companies or common carriers shipping video lottery terminals shall be bonded and shall ship all terminals in sealed trailers. (b) A manufacturer transporting one or more video lottery terminals into this state shall, prior to shipment, provide the commission with the following information on forms prescribed by the commission: (1) The full name, […]
§29-22A-15. Hearing and Appeal Procedure; Order Refusing License or Permit or Suspending or Revoking Same; Petition for Hearing; Petition Requirements; Cost of Hearings; Subpoenas and Subpoenas Duces Tecum; No Stay of Suspension or Revocation Order; Hearing Date; Place of Hearing; Continuances; Absence of Petitioner; Hearing; Argument and Briefs; Evidence Admissible at Hearing; Record of Proceedings; Commission's Decision; Appeal to Circuit Court
(a) If the commission refuses to issue a license or permit, or suspends or revokes a license or permit, it shall make and enter an order to that effect including a statement of the reasons for that action and shall, by certified mail, return receipt requested, mail a copy of the order to the applicant, […]
§29-22A-16. Offenses and Penalties
(a) A licensee who places a video lottery game or video lottery terminal into play without authority of the commission to do so is guilty of a misdemeanor, and, upon conviction thereof, shall be confined in jail not more than one year and fined not more than $5,000, except that in the case of a […]
§29-22A-17. Disagreement as to Duties of Racing Commission and Lottery Commission
In the event of a disagreement between the Racing Commission and the Lottery Commission with regard to their respective duties or responsibilities in carrying out the purposes of this article, such disagreement shall be resolved by the secretary of the Department of Tax and Revenue in a manner not inconsistent with the provisions of this […]
§29-22A-18. Severability
If any provision of this article or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this article, and to this end the provisions of this article are declared to be severable.
§29-22A-19. Compulsive Gambling Treatment Fund; Contract Requirements for Compulsive Gamblers Treatment Program
(a) There is hereby created and established a separate special account to be known as the "Compulsive Gambling Treatment Fund". The fund shall be appropriated from the Commission's administrative expense account and shall be not less than $150,000 nor more than $500,000 per fiscal year, as determined by the commission, as well as other amounts […]
§29-22A-2. Legislative Findings and Declarations
(a) The Legislature finds and declares that the limited video lottery games authorized by this article are "lotteries" as that term is commonly understood and as that term is used in West Virginia Constitution, article VI, section thirty-six, the video lottery games authorized by this article being lottery games which utilize advanced computer technology; and […]
§29-22A-3. Definitions
As used in this article: (a) "Applicant" means any person applying for any video lottery license or permit. (b) "Associated equipment" means any hardware located on a licensed racetrack's premises which is connected to the video lottery system for the purpose of performing communication, validation or other functions, but not including the video lottery terminals […]