2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22E. West Virginia Lottery Interactive Wagering Act › §29-22E-14. Interactive Wagering Agreements With Other Governments

(a) On behalf of the State of West Virginia, the commission is authorized to:
(1) Enter into interactive wagering agreements with other governments whereby persons who are physically located in a signatory jurisdiction may participate in interactive wagering conducted by one or more operators licensed by the signatory governments; and
(2) Take all necessary actions to ensure that any interactive wagering agreement entered into, pursuant to this section, becomes effective.
(b) The rules adopted by the commission pursuant to this section may include provisions prescribing:
(1) The form, length, and terms of an agreement entered into by the commission and another government, including, but not limited to, provisions relating to how: Taxes are to be treated by this state and another government; revenues are to be shared and distributed; and disputes with patrons are to be resolved;
(2) The information to be furnished to the commission by a government that proposes to enter into an agreement with this state pursuant to this section;
(3) The information to be furnished to the commission to enable the commission and director to carry out the purposes of this section;
(4) The manner and procedure for hearings conducted by the commission pursuant to this section, including any special rules or notices; and
(5) The information required to be furnished to the commission to support any recommendations made to the commission, pursuant to this section.
(c) The commission may not enter into any interactive wagering agreement, pursuant to this section, unless the agreement includes provisions that:
(1) Account for the sharing of revenues by this state and another government;
(2) Permit the effective regulation of interactive wagering by this state, including provisions relating to licensing of persons, technical standards, resolution of disputes by patrons, requirements for bankrolls, enforcement, accounting, and maintenance of records;
(3) Require each government that is a signatory to the agreement to prohibit operators of interactive wagering, management or other service providers, or suppliers, manufacturers or distributors of interactive wagering systems from engaging in any activity permitted by the interactive wagering agreement unless they are licensed in this state or in a signatory jurisdiction with similar requirements approved by the commission;
(4) No variation from the requirements of the interactive wagering agreement is permitted for any signatory government without a lack of opposition by this state and all signatory governments;
(5) Prohibit any subordinate or side agreements among any subset of governments that are signatories to the agreement unless it relates exclusively to the sharing of revenues; and
(6) Require the government to establish and maintain regulatory requirements governing interactive wagering that are consistent with the requirements of this state in all material respects if the interactive wagering agreement allows persons physically located in this state to participate in interactive wagering conducted by another government or an operator licensed by another government.