Perhaps the new Wire Act opinion from the Division of Justice will not slow down online gambling, after all. A bill was lately introduced in the West Virginia House of Delegates that would legalize and regulate online gambling in the state. The West Virginia Lottery Interactive Wagering Act (H 2934) could end up permitting practically any “computerized or virtual versions of any game of chance,” which would consist of things like poker and casino table games.
West Virginia already legalized sports betting almost a year ago and currently has an active sports betting business. Exactly the same five venues which have sportsbooks would also be permitted to apply for online gaming licenses: Hollywood Casino at Charles Town, The Casino Club in the Greenbrier, Mountaineer Casino, Mardi Gras Casino & Resort, and Wheeling Island Hotel-Casino-Racetrack.
Interactive gaming licenses would cost $250,000 and would be good for 5 years, with renewals for exactly the same 5 year duration running $100,000.
Interestingly, this isn’t even the first on-line gaming bill introduced this year in West Virginia. Last month, Delegate Shawn Fluharty introduced an online poker bill, but like the last two years he did the same thing, the bill has not gained any traction. Fluharty is one of the co-sponsors of the West Virginia Lottery Interactive Wagering Act, so that may be an indication that he is about ready to throw in the towel on his poker bill and sees this one as the better route. It would, following all, legalize on-line poker in addition to other games.
Also listed as a co-sponsor is Delegate Dianna Graves, who actually sided against sports betting in the legislature. If I was pressed on the matter, I would say her inclusion is a good sign.
There is no “bad actor” clause within the bill, which has been a part of past bills in other states in order to keep companies who operated in the United States following the UIGEA passed in 2006 out of the market. Bad actor clauses are typically inserted in an effort to protect local stakeholders, as they are geared toward keeping PokerStars out of the game. The West Virginia bill does have a portion that bars “a company or individual who has been directly employed by any illegal or offshore book that serviced the United States, or otherwise accepted black market wagers from individuals located in the United States,” though.