H. B. 2058
(By Delegate Martin)
[Introduced January 9, 2008; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact §29-22B-1408 of the Code of West
Virginia, 1931, as amended, relating to reallocating the
proceeds from limited video lottery by increasing the
percentages payable to counties, municipalities and retailers.
Be it enacted by the Legislature of West Virginia:
That §29-22B-1408 of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 22B. LIMITED VIDEO LOTTERY.
§29-22B-1408. Distribution of state's share of gross terminal
income.
(a) The state's share of gross terminal income is calculated
as follows:
(1) The commission shall deposit two percent of gross terminal
income into the State Lottery Fund for the commission's costs and
expenses incurred in administering this article. From this amount, not less than one hundred fifty thousand dollars nor more than one
million dollars per fiscal year, as determined by the commission
each year, shall be transferred to the compulsive gambling
treatment fund created in section nineteen, article twenty-two-a of
this chapter. In the event that the percentage allotted under this
subsection for the commission's costs and expenses incurred in
administering this article generates a surplus, the surplus shall
be allowed to accumulate to an amount not to exceed two hundred
fifty thousand dollars. On a monthly basis, the director shall
report to the Joint Committee on Government and Finance of the
Legislature any surplus in excess of two hundred fifty thousand
dollars and remit to the State Treasurer the entire amount of those
surplus funds in excess of two hundred fifty thousand dollars to be
deposited in the fund established in section eighteen-a, article
twenty-two of this chapter:
Provided, That at the close of each of
the fiscal years ending the thirtieth day of June, two thousand
six, two thousand seven, two thousand eight, two thousand nine, two
thousand ten and two thousand eleven, the portion of the two
percent allowance for administrative expenses provided in this
subdivision (1) that remains unspent for costs and expenses
incurred in administering this article, not to exceed twenty
million dollars in any fiscal year, shall be transferred to the
Revenue Center Construction Fund created by subsection (l) of
section eighteen, article twenty-two of this chapter for the purpose of constructing a state office building.
(2) Gross profits are determined by deducting the percentage
described in subdivision (1) of this subsection, from gross
terminal income.
(3) The commission shall receive thirty percent of gross
profits as defined in subdivision (2) of this subsection except as
otherwise provided in this subdivision. On the first day of June,
2002 2007, the commission shall calculate the aggregate average
daily gross terminal income for all operating video lottery
terminals during the preceding three-month period. Thereafter, the
commission shall make the calculation on the first day of the month
preceding the months of October, January, April and July of each
year. So long as the aggregate average gross terminal income per
day for the operating video lottery terminals does not exceed sixty
dollars, the commission's share of gross profits shall continue to
be thirty percent for the succeeding quarter of the year beginning
the first day of July. Beginning on the first day of July,
2002
2007 and the first days of October, January, April and July in
2002
2007 and thereafter, if the commission's calculation of aggregate
average daily gross terminal income per video lottery terminal
yields an amount greater than sixty dollars, one of the following
schedules apply: If the amount is greater than sixty dollars per
day but not greater than eighty dollars per day, the commission's
share of gross profits for the ensuing quarter beginning the first day of the quarter of the year described in this subdivision shall
be thirty-four percent; if the amount is greater than eighty
dollars per day but not greater than one hundred dollars per day,
the commission's share of gross profits for the ensuing quarter
beginning the first day of the quarter of the year described in
this subdivision shall be thirty-eight percent; if the amount is
greater than one hundred dollars per day but not greater than one
hundred twenty dollars per day, the commission's share of gross
profits for the ensuing quarter beginning the first day of the
quarter of the year described in this subdivision shall be
forty-two percent; if the amount is greater than one hundred twenty
dollars per day but not greater than one hundred forty dollars per
day, the commission's share of gross profits for the ensuing
quarter beginning the first day of the quarter of the year
described in this subdivision shall be forty-six percent; if the
amount is greater than one hundred forty dollars per day, the
commission's share of gross profits for the ensuing quarter
beginning the first day of the quarter of the year described in
this subdivision shall be fifty percent.
There shall be an
additional eight percent deducted from the gross profits and
payable to the video lottery retailers. This
remaining amount
shall be known as net terminal income.
(b) Net terminal income shall be distributed by the commission
as follows:
(1)(A) Beginning the first day of July,
2002 2007, a county
and the incorporated municipalities within that county shall
receive
two four percent of the net terminal income generated by
limited video lottery terminals located within the county;
(B) From this
two four percent of net terminal income, each
municipality shall receive a share that bears the same proportion
to the total
two four percent of net terminal income as the
population of the municipality bears to the total population of the
county as determined by the most recent decennial United States
census of population, and the county shall receive the remaining
portion of the
two four percent of net terminal income; and
(2) Any remaining funds shall be deposited into the State
Excess Lottery Revenue Fund established in section eighteen-a,
article twenty-two of this chapter.
(c) The licensed operators and limited video lottery retailers
shall receive the balance of gross terminal income remaining after
deduction of the state's
and retailers' share as calculated
pursuant to this section.
NOTE: The purpose of this bill is to reallocate the proceeds
from limited video lottery by increasing the percentages payable to
counties, municipalities and retailers
.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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