SB 27 — Removing restrictions on where certain traditional lottery games may be played

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Red = new code to be enacted WEST virginia legislature regular session IntroducedEnrolled Senate Bill 27 By Senator Blair [Introduced[Passed JanuaryFebruary 9,5, 2019;

Referredin toeffect the90 Committeedays onfrom Finance]passage]   AAN BILLACT to amend and reenact §29-22-9 of the Code of West Virginia, 1931, as amended, relating to removingtypes restrictionsof onlottery wheregames certainto traditionalbe lotteryconducted gamesby maythe beState played.Lottery Commission;

removing restrictions on where certain traditional lottery games may be played;

and conforming language to recently enacted legislation.

Provided, That These rules and regulations shall provide that:

(1) No lottery may use the results of any amateur or professional sporting event, dog race, or horse race to determine the winner.winner except as authorized under §29-22D-1 et seq.

of this code.

(5) ASelection lotteryof game which utilizes an electronic computer and a video screen to operate a lottery game and communicate the resultswinner thereof,must such as the game "Travel", and which does not utilize an interactive electronic terminal device allowing input by an individual player, may only be madepredicted availabletotally by the commission in (A) private clubs licensed in accordance with the provisions of article seven, chapter sixty of this code, (B) retail licensees licensed in accordance with the provisions of article three-a of said chapter sixty, and (C) in the facilities of class A licensees which are licensed in accordance with the provisions of section nine, article sixteen, chapter eleven of this code, in which facility at least seventy-five percent of the nonintoxicating beer sold by the class A licensee in the preceding year was sold for consumption on thechance. premises:

Provided,(6) ThatAny ifdrawings salesor informationwinner isselections notshall availablebe forheld the preceding year, the commission in itspublic discretionand maywitnessed baseby any issuance or denial of an annualindependent licenseaccountant upondesignated aby reasonable projection of the volumedirector of sales of nonintoxicating beer for consumptionsuch onpurposes. the premises as a percentage of the total sales of nonintoxicating beer (6) (5) Selection of the winner must be predicted totally on chance.

(7) (6)All Anylottery drawingsequipment orand winnermaterials selections shall be heldregularly ininspected public and witnessedtested, bybefore anand independentafter accountantany designateddrawings byor thewinner directorselections, forby suchindependent purposes.qualified technicians.

(8) (7)The Alldirector lotteryshall equipmentestablish the price for each lottery and materialsdetermine shallthe bemethod regularlyof inspectedselecting winners and tested,the beforemanner andof afterpayment anyof drawingsprizes, orincluding winnerproviding selections,for payment by independentthe qualifiedpurchase technicians.of annuities for prizes payable in installments.

(9) (8)All Theclaims directorfor prizes shall establishbe theexamined priceand forno eachprize lotteryshall andbe determinepaid theas methoda result of selectingaltered, winnersstolen, andor thecounterfeit mannertickets ofor paymentmaterials, ofor prizes,which includingfail providingto formeet paymentvalidation byrules theor purchaseregulations ofestablished annuities for prizesa payablelottery. in installments.

(10) (9) All claims for prizes shall be examined and no prize shall be paid as a result of altered, stolen, or counterfeit tickets or materials, or which fail to meet validation rules or regulations established for a lottery.

(11) (10) A detailed tabulation of the estimated number of prizes of each particular prize denomination that are expected to be awarded in each lottery, or the estimated odds of winning such prizes shall be printed on any lottery ticket, where feasible, or in descriptive materials, and shall be available at the offices of the commission.

(12) (11) No prizes shall be paid which are invalid and not contemplated by the prize structure of the lottery involved.

(13) (12) By purchasing a ticket or participation in a lottery, a participant agrees to abide by, and be bound by, the lottery rules which apply to the lottery or game play involved.

(14) (13) The commission shall institute such security procedures as it deems necessary to ensure the honesty and integrity of the winner selection process for each lottery.

  NOTE:

The purpose of this bill is to remove restrictions on where KENO theme lottery games may be played, specifically, games that utilize an electronic computer and video screen to operate a lottery game and communicate the results thereof, such as the game “Travel”, and do not utilize an interactive electronic terminal device allowing input by an individual player.

These are truly traditional lottery products and games, and removing this restriction allows them to be sold in the same manner and locations as other traditional lottery games.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.