HB4438 HFA Householder and Summers 3-3 #1




Delegates Summers and Householder move to concur in the Senate amendment with further amendment on page two, section twelve-e, beginning on line forty-one, following the words “by the ADW licensee which”, by striking out the words “may be mutually agreed upon and set forth in an agreement between the ADW licensee and each individual racetrack licensed in this state who desires to offer ADW. A fully executed agreement shall be submitted to the Racing Commission. The Racing Commission is prohibited from disclosure of any information in the agreement. The information in the agreement shall remain confidential and shall not form part of any public record and is exempt from disclosure under the provisions of chapter 29B of this code. Such information may be publicly disclosed only for the purposes of an official law enforcement investigation, or when its production is required in a court proceeding. In the absence of such an agreement, if an ADW licensee offers ADW at a racetrack licensed in this state, the source market fee”;


On page five, section twelve-e, beginning on line one hundred nineteen, by striking out subsection (k) in its entirety and inserting in lieu thereof a new subsection (k) to read as follows:

“(k) The Racing Commission shall submit a report by December 31, 2020, and annually thereafter to the Joint Committee on Government and Finance detailing the operation of ADW in this state. The report shall include, but is not limited to, the following:

(1) A complete list of ADW licensees offering ADW services;

(2) The total amount of funds paid to the Racing Commission pursuant to subsection (h) of this section;

(3) The total amount deposited in the preceding 12-month period in the special revenue account set forth in subsection (i) of this section;

(4) The amounts distributed as set forth in subdivision (b) of this section;

(5) Beginning with the report due December 31, 2021, a statistical comparison of ADW      services to the preceding year; and

(6) The total amount of wagering by West Virginia residents through ADW Licensees.