West Virginia 2023 Regular Session Status: Passed Senate

SB 62 — Establishing secondary location for racetrack video lottery terminals

Last action — To House Finance

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House of Delegates
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

1 added · 1 removed

Plain-language change summary

The amendments to SB 62 primarily focus on allowing licensed racetracks in West Virginia to establish secondary locations for operations, such as video lottery terminals and sports wagering kiosks, within the same county as the original facility. Key changes include stipulations that a racetrack must secure approval from the State Lottery Commission, obtain voter consent through a local election, and pay an initial fee of $250,000 to operate the new location. This is significant because it expands the potential for racetracks to generate additional revenue while ensuring that their original facilities continue to operate and maintain the same level of services.

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SB62 SFAT STUART #2 2-23Stephan  7502 Senator Stuart moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:Eng.
SB62 SFA STUART 2-23 #1Stephan  7502 Senator Stuart moved to amend the bill on page 3, section 12a, lines 48-49, after the word “races:” by striking out the proviso and inserting in lieu thereof a new proviso, to read as follows:
Com.
Provided, That the licensed racetrack receives approval from the State Lottery Commission, has received voter approval pursuant to §29-22C-7a of this code, and has paid the initial fee of $250,000 to the commission to operate a secondary or satellite location pursuant to §29-22D-15(n) of this code.;On pages 5 and 6, section 12, lines 35-55, by striking out all of subsection (e), and inserting in lieu thereof a new subsection (e), to read as follows: (e) Notwithstanding any provision in this chapter to the contrary, a licenses racetrack may establish a secondary location for its business, including authorized operational video lottery terminals, at any building owned or leased by the licensed racetrack within the county the licensed racetrack is located:
Sub.
Provided, That the licensed racetrack receives approval from the State Lottery Commission, has received voter approval pursuant to §29-22C-7a of this code, and has paid the initial fee of $250,000 to the commission to operate a secondary or satellite location pursuant to §29-22D-15(n) of this code.
for Senate Bill 62— A BILL to amend and reenact §19-23-12a of the Code of West Virginia, 1931, as amended;
The total amount of locations a licensed racetrack may operate within a county is two locations:
to amend and reenact §29-22A-12 of said code;
Provided, however, That if any licensed racetrack relocates operational video lottery terminals outside of a municipality, the municipality may receive the share of funds it received under §29-22A-10 and §29-22A-10b of this code up to the amount received in the fiscal year immediately preceding the relocation of the operational video lottery terminals, and the excess of this amount shall be divided proportionally to the said municipality and the new municipality, if any, based on the revenues generated at each location:
to amend and reenact §29-22C-3, §29-22C-4, §29-22C-6, and §29-22C-7 of said code;
Provided, further, That the total amount of funds transferred to the municipalities may not exceed the percentage provided under §29-22A-10 and §29-22A-10b of this code:
to amend said code by adding thereto a new section, designated §29-22C-7a;
And provided further, That any licensed racetrack establishing a secondary location shall continue to operate its original facility and continue to maintain and offer amenities, accommodations, options, and services at the original facility, and shall continue to maintain and offer the same level of amenities, accommodations, options, and services as of the effective date of the amendments to this section enacted during the 2023 regular session of the Legislature.
to amend and reenact §29-22C-8 of said code;
As used in this subsection, amenities, accommodations, options, and services may include, but are not limited to, table games, video lottery terminals, live racing, and sports wagering kiosks offered to the public.;On page 10, section 3, lines 109-110, after the word “located:” by striking out the proviso and inserting in lieu thereof a new proviso, to read as follows:
and to amend and reenact §29-22D-15 of said code, all relating to allowing for the establishment of a secondary or satellite location for pari-mutuel wagering on simulcast races, racetrack video lottery terminals, sport wagering kiosks, and racetrack table games of licensed racetracks at an alternative location within the current county of the licensed racetrack;
Provided, That the licensed racetrack has received approval from the State Lottery Commission, has received voter approval pursuant to §29-22C-7a of this code, and has paid the initial fee of $250,000 to the commission to operate a secondary or satellite location pursuant to §29-22D-15(n) of this code.;On page 15, section 6, lines 30-31, after the word “location:” by striking out the proviso and inserting in lieu thereof a new proviso, to read as follows:Provided, That the licensed racetrack has received approval from the State Lottery Commission, has received voter approval pursuant to §29-22C-7a of this code, and has paid the initial fee of $250,000 to the commission to operate a secondary or satellite location pursuant to §29-22D-15(n) of this code.;On page 23, section 8, after line 93, by inserting a new subdivision, designated subdivision (5), to read as follows:(5) If a licensee who operates a secondary or satellite location fails to apply to renew its license under §19-23-1 et seq.
providing that the original venue must remain in operation;
and §29-22A-1 et seq.
providing that the original venue continue to offer amenities, accommodations, options and services at the same level;
of this code until after the license expires, the commission shall renew its license under this article at the time it renews its license under §29-22A-1 et seq.
providing for a local option election;
of this code provided the licensee has paid the annual license fees required by subsection (g) and subsection (n) of this section, and during the preceding license year the licensee complied with all provisions of this article, all rules adopted by the commission and all final orders of the commission applicable to the licensee.;On page 24, section 8, lines 124-126, after the word “located:” by striking out the proviso and inserting in lieu thereof a new proviso, to read as follows:
defining terms;
Provided, That the licensed racetrack has received approval from the State Lottery Commission, has received voter approval pursuant to §29-22C-7a of this code, and has paid the initial fee of $250,000 to the commission to operate a secondary or satellite location pursuant to §29-22D-15(n) of this code.;On page 25, section 8, lines 142-148, by striking out all of subsection (n), and inserting in lieu thereof a new subsection (n), to read as follows:(n) Initial fee and annual renewal fees for secondary or satellite locations.
providing Lottery Commission authority to regulate secondary locations;
—(1) After receiving approval to operate a secondary or satellite location from the State Lottery Commission, the licensed racetrack shall pay an initial fee of $250,000 to operate the secondary or satellite location.(2) Upon establishment of a secondary or satellite location, the licensed racetrack shall pay an additional annual fee to the commission in the amount of $250,000.
providing for rulemaking;
Annual fees to operate secondary or satellite locations paid pursuant to this subsection shall be included in the annual license fee payment to be made pursuant to subsection (g) of this section.(3) Any license obtained pursuant to this section, payment of licensing fees as incident to a racetrack’s license, payment of initial and annual fees associated with the establishment and operation of a secondary or satellite location, and any required surety bonds allows operation of a secondary or satellite location.
providing for licensing of secondary or satellite locations;
Any license issued pursuant to §29-22A-1 et seq.
providing for fees to operate secondary or satellite locations;
of this code, §29-22D-1 et seq.
and restricting special elections to begin operating racetracks.   AdoptedRejected
of this code, and §19-23-1 et seq.
of this code would also extend to any secondary or satellite location as those terms are defined in §29-22C-3 of this code.
The secondary location is not required to operate a racetrack.;And,On pages 26-27, section 15, lines 33-45, by striking out all of section (i), and adding in lieu thereof a new subsection (i), to read as follows:(i) Notwithstanding any provision of this chapter to the contrary, a licensed racetrack may establish a secondary location for its business at any building owned or leased by the licensed racetrack within the county the licensed racetrack is located to provide sports wagering kiosks:
Provided, That the licensed racetrack has received approval from the State Lottery Commission, has received voter approval pursuant to §29-22C-7a of this code, and has paid the initial fee of $250,000 to the commission to operate a secondary or satellite location pursuant to §29-22D-15(n) of this code.
The total amount of locations a licensed racetrack may operate within a county is two locations:
Provided, however, That any licensed racetrack establishing a secondary location shall continue to operate its original facility and continue to maintain and offer amenities, accommodations, options, and services at such original facility, and shall continue to maintain and offer the same level of amenities, accommodations, options, and services as of the effective date of the amendments to this section enacted during the 2023 regular session of the Legislature.
As used in this subsection, amenities, accommodations, options, and services may include, but are not limited to, table games, video lottery terminals, live racing, and sports wagering kiosks offered to the public.     AdoptedRejected
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Action History

  1. To House Finance

  2. To Finance

  3. Introduced in House

  4. Ordered to House

  5. Passed Senate with amended title (Roll No. 310)

  6. Read 3rd time

  7. On 3rd reading

  8. Floor amendments adopted (Voice vote)

  9. Read 2nd time

  10. On 2nd reading

  11. Read 1st time

  12. On 1st reading

  13. Committee substitute reported

  14. To Government Organization

  15. Introduced in Senate

  16. To Government Organization

  17. Filed for introduction

Sponsors

  • Nelson · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 151 not signed on · 6 voted No

Sponsors (1)

  • Nelson

Co-sponsors (0)

None.

Not signed on (151)

151 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passage

Passed 25 Yea · 8 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 10600
Unaffiliated 14201
Democrat 1000
Total 25801
% of votes cast 74%24%0%3%
How each member voted (34)
Member Party Vote
MARONEY — Yea
STOVER — Not Voting
MARTIN — Yea
STUART — Yea
BOLEY — Yea
SWOPE — Yea
CAPUTO — Yea
NELSON — Yea
PHILLIPS — Yea
PLYMALE — Yea
TRUMP — Yea
HAMILTON — Yea
HUNT — Yea
JEFFRIES — Yea
SMITH — Nay
MR PRESIDENT — Yea
KARNES — Nay
Mike Woelfel Democrat Yea
Amy Grady Republican Nay
Ben Queen Republican Yea
Charles H. Clements Republican Nay
Eric Tarr Republican Yea
Jack Woodrum Republican Yea
Jason Barrett Republican Yea
Jay Taylor Republican Yea
Laura Wakim Chapman Republican Yea
Mark R. Maynard Republican Nay
Mike Azinger Republican Nay
Mike Oliverio Republican Yea
Patricia Rucker Republican Yea
Rollan A. Roberts Republican Nay
Ryan Weld Republican Yea
Tom Takubo Republican Yea
Vince Deeds Republican Nay

Official roll call →

Subjects

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Frequently asked questions

Who sponsors SB 62?
SB 62 is sponsored by Nelson.
What is the current status of SB 62?
This bill died with 2023 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 62?
Track SB 62 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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