West Virginia Code
Article 22. State Lottery Act
§29-22-5. State Lottery Commission; Powers and Duties; Cooperation of Other Agencies

(a) The commission has the authority to:
(1) Promulgate rules in accordance with chapter twenty-nine-a of this code: Provided, That those rules promulgated by the commission that are necessary to begin the lottery games selected shall be exempted from the provisions of chapter twenty-nine-a of this code in order that the selected games may commence as soon as possible;
(2) Establish rules for conducting lottery games, a manner of selecting the winning tickets and manner of payment of prizes to the holders of winning tickets;
(3) Select the type and number of public gaming systems or games, to be played in accordance with the provisions of this article;
(4) Contract, if deemed desirable, with the educational broadcasting authority to provide services through its microwave interconnection system to make available to public broadcasting stations servicing this state and, at no charge, for rebroadcast to commercial broadcasting stations within this state, any public gaming system or games drawing;
(5) Enter into interstate and international lottery agreements with other states or foreign countries, or any combination of one or more states and one or more foreign countries;
(6) Adopt an official seal;
(7) Maintain a principal office and, if necessary, regional suboffices at locations properly designated or provided;
(8) Prescribe a schedule of fees and charges;
(9) Sue and be sued;
(10) Lease, rent, acquire, purchase, own, hold, construct, equip, maintain, operate, sell, encumber and assign rights of any property, real or personal, consistent with the objectives of the commission as set forth in this article;
(11) Designate one of the deputy directors to serve as acting director during the absence of the director;
(12) Hold hearings on any matter of concern to the commission relating to the lottery, subpoena witnesses, administer oaths, take testimony, require the production of evidence and documentary evidence and designate hearing examiners and employees to so act; and
(13) To make and enter into all agreements and do all acts necessary or incidental to the performance of its duties and the exercise of its powers under this article.
(b) Departments, boards, commissions or other agencies of this state shall provide assistance to the state lottery office upon the request of the director.
(c) Upon the request of the deputy director for the security and licensing division in conjunction with the director, the Attorney General, department of public safety and all other law-enforcement agencies shall furnish to the director and the deputy director such information as may tend to assure the security, honesty, fairness and integrity in the operation and administration of the lottery as they may have in their possession, including, but not limited to, manual or computerized information and data. The director is to designate such employees of the security and licensing division as may be necessary to act as enforcement agents. Such agents are authorized to investigate complaints made to the commission or the state lottery office concerning possible violation of the provisions of this article and determine whether to recommend criminal prosecution. If it is determined that action is necessary, an agent, after approval of the director, is to make such recommendation to the prosecuting attorney in the county wherein the violation occurred or to any appropriate law-enforcement agency.

Structure West Virginia Code

West Virginia Code

Chapter 29. Miscellaneous Boards and Officers

Article 22. State Lottery Act

§29-22-1. Short Title

§29-22-2. Legislative Findings and Intent

§29-22-3. Definitions

§29-22-4. State Lottery Commission Created; Composition; Qualifications; Appointment; Terms of Office; Chairman's Removal; Vacancies; Compensation and Expenses; Quorum; Oath and Bond

§29-22-5. State Lottery Commission; Powers and Duties; Cooperation of Other Agencies

§29-22-6. Lottery Director; Appointment; Qualifications; Oath and Bond; Salary

§29-22-7. Divisions of the State Lottery Office

§29-22-8. Lottery Director; Powers and Duties; Deputy Directors; Hiring of Staff; Civil Service Coverage; Submission of Proposed Appropriations

§29-22-9. Initiation and Operation of Lottery; Restrictions; Prohibited Themes, Games, Machines, or Devices; Distinguishing Numbers; Winner Selection; Public Drawings; Witnessing of Results; Testing and Inspection of Equipment; Price of Tickets; Clai...

§29-22-9a. Veterans Instant Lottery Scratch-Off Game

§29-22-10. Licensed Lottery Sales Agents; Restrictions; Annual License and Fee; Factors; Application; Bond; Age; Nonassignable License; Organizations Qualified; Commissions; Display of License; Geographic Distribution; Monopoly Prohibited; Lottery Re...

§29-22-11. Prohibited Acts; Restrictions on Sales Agents and Retailers; Unauthorized Sales; Sales to Minors; Gifts to Minors; Prizes to Commission Officers and Staff Prohibited; Criminal Penalties for Prohibited Acts

§29-22-12. Crimes; Forgery, Counterfeiting, etc. of Lottery Tickets; Penalties

§29-22-13. Prohibited Acts; Conflict of Interest; Prohibited Gifts and Gratuities

§29-22-14. Administrative Violations of Articles; Hearing; Administrative Penalties

§29-22-15. Payment of Prizes to Minors

§29-22-15a. Option for Winners of Draw Games to Remain Anonymous

§29-22-16. Disposition of Unclaimed Prize Money

§29-22-17. Lottery Proceeds; Accounting Therefor; Deposit Into Account of State Treasurer; Reports; Funds to Be Held in Trust; Failure to Collect, Account or Deposit; Personal Liability

§29-22-18. State Lottery Fund; Appropriations and Deposits; Not Part of General Revenue; No Transfer of State Funds After Initial Appropriation; Use and Repayment of Initial Appropriation; Allocation of Fund for Prizes, Net Profit and Expenses; Surpl...

§29-22-18a. State Excess Lottery Revenue Fund

§29-22-18b. Definition of Term &Quot;state employees."

§29-22-18c. Increase in Allocation to Higher Education Improvement Fund From State Excess Lottery Revenue Fund

§29-22-18d. Increase in Allocation to West Virginia Infrastructure Fund From State Excess Lottery Revenue Fund

§29-22-18e. Increase in Allocation to State Park Improvement Fund From State Excess Lottery Revenue Fund to Permit the Issuance of Bonds for Improvements to Cacapon Resort State Park and Beech Fork State Park

§29-22-18f. Backup Pledge of Bonds Supported by the State Lottery Fund and the State Excess Lottery Revenue Fund; Payment of Bond Debt Service

§29-22-19. Post Audit of Accounts and Transactions of Office

§29-22-20. Monthly and Annual Reports

§29-22-21. Officials Who May Appear at Lottery Drawing

§29-22-23. Procurement; Disclosures by Vendors and Related Persons and Entities; Authorizing Background Investigation; Unenforceability of Contracts in Contravention of Section

§29-22-24. Disclosures by Vendors and Related Persons and Entities of Political Contributions

§29-22-25. Preemption of State Laws or Local Regulation

§29-22-27. Penalties for Criminal Violations

§29-22-27a. Payment of Prizes to the Bureau for Child Support Enforcement

§29-22-28. Severability

§29-22-29. Moneys Transferred or Allocated to Nongovernmental Entities Are State Moneys and Have Been So in the Past; Right to Audit State Moneys Transferred to Nongovernmental Entities

§29-22-30. Methods of Payment for Lottery Prizes