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WV Code § 29-25-26 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 25. Authorized Gaming Facility|§29-25-26. Forfeiture of Property

(a) Anything of value, including all traceable proceeds including, but not limited to, real and personal property, moneys, negotiable instruments, securities and conveyances, is subject to forfeiture to the State of West Virginia if the item was used for any of the following:(1) As a bribe intended to affect the outcome of a West Virginia Lottery table game in a gaming facility; or(2) In exchange for or to facilitate a violation of this article.(b) The Legislature finds and declares that the seizure and sale of items under the provisions of this section is not contemplated to be a forfeiture as that term is used in section five, article XII of the Constitution of West Virginia and, to the extent that a seizure and sale may be found to be a forfeiture, the Legislature hereby finds and declares that the proceeds from a seizure and sale under this article are not part of net proceeds as it is contemplated by section five, article XII of the Constitution of West Virginia.(c) Subsection (a) of this section does not apply if the act or omission which would give rise to the forfeiture was committed or omitted without knowledge or consent of the owner of the property to be forfeited.
WV Code § 29-25-27 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 25. Authorized Gaming Facility|§29-25-27. Civil Penalties

The commission may impose on a person who violates the provisions of this article a civil penalty not to exceed $10,000 for each violation, whether or not the person is licensed under this article.The provisions of article five, chapter twenty-nine-a of this code shall apply to any civil penalty imposed pursuant to the provisions of this section.
WV Code § 29-25-28 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 25. Authorized Gaming Facility|§29-25-28. Specific Provision for Video Lottery Games

The commission is authorized to implement and operate video lottery games at one gaming facility in this state in accordance with the provisions of this article and the applicable provisions of article twenty-two-a of this chapter. The provisions of said article apply to this article, except in the event of conflict or inconsistency between any of the provisions of this article and the provisions of article twenty-two-a of this chapter. In that event, the provisions of this article shall supersede any conflicting or inconsistent provisions contained in article twenty-two-a of this chapter.
WV Code § 29-25-31 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 25. Authorized Gaming Facility|§29-25-31. The Specific Video Lottery Duties Required of the Gaming Facility

The gaming facility licensee shall:(a) Acquire video lottery terminals by purchase, lease or other assignment and provide a secure location for the placement, operation and play of the video lottery terminals;(b) Pay for the installation and operation of commission approved telephone lines to provide direct dial-up or online communication between each video lottery terminal and the commission's central control computer;(c) Permit no person to tamper with or interfere with the operation of any video lottery terminal;(d) Ensure that any telephone lines from the commission's central control computer to the video lottery terminals located at the licensed gaming facility are at all times connected and prevent any person from tampering or interfering with the operation of the telephone lines;(e) Ensure that video lottery terminals are within the sight and control of designated employees of the license gaming facility;(f) Ensure that video lottery terminals are placed and remain placed in the specific locations within the gaming facility that have been approved by the commission. No video lottery terminal or terminals at the gaming facility shall be relocated without the prior approval of the commission;(g) Monitor video lottery terminals to prevent access to or play by persons who are under the age of twenty-one years or who are visibly intoxicated;(h) Maintain at all times sufficient change and cash in the denominations accepted by the video lottery terminals;(i) Provide no access by a player to an automated teller machine (ATM) in the area of the gaming facility where video lottery games are played;(j) Pay for all credits won upon presentment of a valid winning video lottery ticket;(k) Report promptly to the manufacturer and the commission all video lottery terminal malfunctions and notify the commission of the failure of a manufacturer or service technician to provide prompt service and repair of such terminals and associated equipment;(l) Install, post and display prominently at locations within or about the licensed gaming facility signs, redemption information and other promotional material as required by the commission; and(m) Promptly notify the commission in writing of any breaks or tears to any logic unit seals.
WV Code § 29-25-32 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 25. Authorized Gaming Facility|§29-25-32. Surcharge; Capital Reinvestment Fund

(a) For all fiscal years beginning on or after July 1, 2009, there shall be imposed a surcharge of ten percent against the share of gross terminal income retained by the gaming facility as provided by section twenty of this article.(b) The Capital Reinvestment Fund is hereby created within the Lottery Fund. The surcharge amount attributable to the historic resort hotel shall be retained by the commission and deposited into a separate capital reinvestment account for the historic resort hotel. For each dollar expended by the historic resort hotel for capital improvements at the historic resort hotel, of any amenity associated with the historic resort hotel's destination resort facility operations, or at adjacent facilities owned by the historic resort hotel having a useful life of seven or more years and placed in service after April 1, 2009, the licensed gaming facility shall receive $1 in recoupment from its Capital Reinvestment Fund account: If a historic resort hotel's unrecouped capital improvements exceed its Capital Reinvestment Fund account at the end of any fiscal year, the excess improvements may be carried forward to seven subsequent fiscal years.(c) Any moneys remaining in the historic resort hotel's Capital Reinvestment Fund account at the end of any fiscal year shall be deposited in the Historic Resort Hotel Fund.
WV Code § 29-25-34 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 25. Authorized Gaming Facility|§29-25-34. State Ownership of West Virginia Lottery Table Games

All West Virginia Lottery table games authorized by this article shall be West Virginia lottery games owned by the State of West Virginia. A gaming facility license granted to a historic resort hotel by the commission pursuant to this article shall include the transfer by the commission to the historic resort hotel limited license rights in and to the commission's intellectual property ownership of the West Virginia lottery games which includes granting licensees limited lawful authority relating to the conduct of lottery table games for consideration, within the terms and conditions established pursuant to this article and any rules promulgated under this article.
WV Code § 29-25-35 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 25. Authorized Gaming Facility|§29-25-35. Preemption

No local law or rule providing any penalty, disability, restriction, regulation or prohibition for operating a historic resort hotel with West Virginia Lottery table games 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 article.
WV Code § 29-25-36 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 25. Authorized Gaming Facility|§29-25-36. Exemption From Federal Law

Pursuant to Section 2, 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.
WV Code § 29-25-37 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 25. Authorized Gaming Facility|§29-25-37. Game Rules of Play; Disputes

(a) As an agent of the commission authorized to operate West Virginia Lottery table games, the gaming facility licensee shall have written rules of play for each West Virginia Lottery table game it operates that are approved by the commission before the West Virginia Lottery table game is offered to the public. Rules of play proposed by the gaming facility may be approved, amended or rejected by the commission.(b) All West Virginia Lottery table games shall be conducted according to the specific rules of play approved by the commission. All wagers and pay-offs of winning wagers shall be made according to those rules of play, which shall establish any limitations necessary to assure the vitality of West Virginia Lottery table game operations.(c) The gaming facility licensee shall make available in printed form to any patron, upon request of the patron, the complete texts of the rules of play of any West Virginia Lottery table games in operation at the gaming facility, pay-offs of winning wagers and any other advice to the player required by the commission.(d) Patrons are considered to have agreed that the determination of whether the patron is a valid winner is subject to the game of play rules and, in the case of any dispute, will be determined by the commission. The determination by the commission shall be final and binding upon all patrons and shall not be subject to further review or appeal.
WV Code § 29-25-38 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 25. Authorized Gaming Facility|§29-25-38. Shipment of Gambling Devices

All shipments of gambling devices, including video lottery machines, to the licensed gaming facility in this state, the registering, recording and labeling of which have been completed by the manufacturer or dealer thereof in accordance with Chapter 1194, 64 Stat. 1134, 15 U.S.C. §1171 to §1178, are legal shipments of gambling devices into the State of West Virginia.
WV Code § 29-26-2 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 26. West Virginia Courthouse Facilities Improvement Authority|§29-26-2. Definitions

The following terms, wherever used or referred to in this article, have the following meaning:(a) "Approved modifications or construction of courthouse facilities" means any modification or construction of a courthouse facility which has been recommended for assistance by the authority according to the requirements of section four of this article;(b) "Authority" means the West Virginia courthouse facilities improvement authority;(c) "Cost" means the cost of construction, renovation, repair and safety upgrading of courthouse facilities; the cost of land, equipment, machinery, furnishings, installation of utilities and other similar items convenient in connection with placing a courthouse facility in operation; and the cost of financing, interest during construction, professional service fees and all other charges or expenses necessary, appurtenant or incidental to the modification or construction of a courthouse facility; and(d) "Courthouse facility" means buildings or structures which are occupied exclusively by offices of county and judicial officials or by courtrooms, county jails or detention centers.
WV Code § 29-26-4 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 26. West Virginia Courthouse Facilities Improvement Authority|§29-26-4. Requirements for Assistance; Review of Application

(a) No county applicant may receive any loan, loan guarantee, grant or other funding assistance for the modification or construction of a courthouse facility from the authority unless:(1) The county applicant submits a completed application to the authority on the form prepared by the authority pursuant to section three of this article; and (2) The authority, after having considered the application, recommends the county applicant receive a loan, loan guarantee, grant or other funding assistance for the proposed modification or construction.(b) The authority shall, within ninety days of receipt of each completed application submitted to it, review the application and either:(1) Make a written recommendation as to the modification or construction financing, in terms of the kind, amount and source of funding, for which the applicant county submitting the application is eligible; or (2) If the authority determines that (A) the proposed modification or construction of a courthouse facility is not eligible for funding assistance from the authority, or (B) the proposed modification or construction of a courthouse facility is not otherwise an appropriate or prudent investment of state funds, the authority shall state the reasoning for its findings in a written rejection of the county applicant's application.
WV Code § 29-26-5 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 26. West Virginia Courthouse Facilities Improvement Authority|§29-26-5. Powers of the Authority

In addition to the powers set forth elsewhere in this article, the authority may exercise the following powers it considers the exercise of these powers necessary and appropriate to carry out and effectuate its responsibilities as defined by this article. The authority may:(a) Employ an executive director and an executive assistant as may be necessary in the judgment of the authority and fix their compensation;(b) Acquire, hold and dispose of real and personal property for its corporate purposes;(c) Make bylaws for the management and rule of its affairs;(d) Contract with and employ attorneys, accountants, construction and financial experts, architects, engineers, managers and such other employees and agents that are necessary in the judgment of the authority and fix their compensation;(e) Make contracts and execute all instruments necessary or convenient to exercise the powers granted to it by this article;(f) Renegotiate all contracts entered into by it whenever, due to a change in situation, it appears to the authority that its interests will be best served;(g) Accept and expend any gift, grant, contribution, bequest or endowment of money to, or for the benefit of, the authority, from the State of West Virginia or any other source; (h) Identify any alternative sources of funding, whether privately or publicly administered, and assist county applicants in the securing of alternative sources of funding; and(i) Do all things necessary or convenient to carry out the powers given in this article.
WV Code § 29-26-6 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 26. West Virginia Courthouse Facilities Improvement Authority|§29-26-6. The Courthouse Facilities Improvement Fund

(a) There is hereby created in the State Treasury a special revenue account to be known as the "West Virginia courthouse facilities improvement fund." The West Virginia courthouse facilities improvement fund may receive any gifts, grants, contributions or other money from any source which is specifically designated for deposit in the fund. (b) The authority shall undertake a study on the condition and state of need of every courthouse facility throughout the State of West Virginia, and shall determine the estimated cost of the improvements which are necessary to bring each facility into conformity with requirements outlined in this article. The authority shall submit to the Legislature, on or before January 1, 2002, a report which shall contain the estimate of the cost, a plan for the financing of the cost, and an estimated prioritized schedule for the implementation and financing of the improvements to be made pursuant to the provisions of this article.(c) The moneys of the West Virginia courthouse facilities improvement fund shall be disbursed by the authority for the funding of approved modifications or construction of court facilities and to pay expenses of the authority in administering the provisions of this article.(d) Any disbursements from the West Virginia courthouse facilities improvement fund allocated for approved modifications or construction of courthouse facilities may be made contingent upon local appropriations or gifts in money or in kind for the support of the modifications or construction. (e) Nothing in this article may be construed to mandate funding for the West Virginia court facilities improvement fund or to require any appropriation by the Legislature.
WV Code § 29-27-1 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 27. National Coal Heritage Area Authority|§29-27-1. Legislative Findings

The West Virginia Legislature finds that there is a significant need for a public body to promote and enhance historic preservation, tourism and economic development activities that relate to the state's history as a coal producing state within the counties of Boone, Cabell, Fayette, Lincoln, Logan, Kanawha, Marion, McDowell, Mercer, Mingo, Raleigh, Summers, Wayne and Wyoming.The Legislature further finds that the creation and empowering of a statutory corporation to work with the landowners, county officials and community leaders, state and federal government agencies, and other interested parties to enable and facilitate the development of the national coal heritage area will greatly assist in the realization of these potential benefits.
WV Code § 29-27-2 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 27. National Coal Heritage Area Authority|§29-27-2. Definitions

Unless the context clearly requires a different meaning, the terms used in this article have the following meanings:(a) "Authority" means the national coal heritage area authority;(b) "Board" means the board of the national coal heritage area authority; and(c) "National coal heritage area" means and is comprised of the counties of Boone, Cabell, Fayette, Lincoln, Logan, Kanawha, McDowell, Mercer, Mingo, Raleigh, Summers, Wayne and Wyoming.
WV Code § 29-27-4 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 27. National Coal Heritage Area Authority|§29-27-4. Board; Quorum; Chairperson; Bylaws

(a) The board is the governing body of the authority and the board shall exercise all the powers given the authority in this article.(b) A chairperson shall be appointed by and shall serve at the will and pleasure of the Governor, with the advice and consent of the Senate. The Secretary of Education and the Arts may submit to the Governor a list of three candidates to be considered for chairperson appointment. The authority shall meet at such times as shall be specified by the chairperson, but in no case less than once each three months. Notice of the meeting must be given in accordance with the provisions of section three, article nine-a, chapter six of this code. A majority of the members may also call a meeting upon such notice as provided in this section. A majority of seven appointed members shall constitute a quorum for the transaction of business. The chairperson of the board shall appoint from the membership of the authority certain members to serve as secretary and as treasurer.(c) There shall be a standing committee of the National Coal Heritage Area Authority known as the "Coal Heritage Trail Committee" comprised of the chairperson and members of the national coal heritage area from the counties that the Coal Heritage Trail passes through. These counties are Mercer, McDowell, Wyoming, Raleigh and Fayette. This standing committee shall be responsible for making recommendations to the full board regarding development and promotion of the Coal Heritage Trail, a national scenic byway.(d) The board shall prescribe, amend and repeal bylaws and rules governing the manner in which the business of the authority is conducted, shall keep a record of its proceedings, and shall review and approve an annual budget.
WV Code § 29-27-6 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 27. National Coal Heritage Area Authority|§29-27-6. Continuation of Legal Obligations

Nothing in this article may be considered as superseding, amending, modifying or repealing any contract or agreement entered into for the benefit of the national coal heritage area prior to the date of enactment of this article. All obligations, contracts, grants and assets currently belonging to the Coal Heritage Highway Authority shall be transferred to and become the responsibility and property of the National Coal Heritage Area Authority.
WV Code § 29-29-1 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 29. Volunteer for Nonprofit Youth Organizations Act|§29-29-1. Short Title

This article shall be known as and may be cited to as the "Volunteer for Nonprofit Youth Organizations Act".
WV Code § 29-29-2 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 29. Volunteer for Nonprofit Youth Organizations Act|§29-29-2. Legislative Purpose

The Legislature finds that:(1) Adventure and recreational activities attractive to nonprofit youth organizations interested in training and inspiring young people from other parts of the United States and throughout the world will contribute significantly to the economy of West Virginia, and enhance the state's reputation as a place to visit and transact business; and(2) Nonprofit youth organizations must rely on volunteers to staff and support their events and programs and that some of the volunteers are medical, nursing, emergency medical service and law-enforcement professionals authorized to practice in other states. Because of the large number of volunteers required to support those events and programs, the benefits these events and programs provide to youth, the multicounty areas those events and programs may cover and the number of agencies potentially involved in granting authorizations to practice for those volunteers to provide those services in this state, it is in the state's best interest to provide a streamlined system to permit those volunteers to practice for the periods of time they engage in volunteer work at those events and programs.