Senate Bill No. 514
(By Senators McCabe, Kessler, Craigo, Bowman, Sprouse, Plymale,
Unger, McKenzie, Jackson and Wooton)
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[Originating in the Select Committee on Economic Development;
reported February 5, 2002.]
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A BILL to amend and reenact section eighteen-a, article twenty-two,
chapter twenty-nine of the code of West Virginia, one thousand
nine hundred thirty-one, relating to providing for the
expenditure of certain state excess lottery revenue funds to
pay for public infrastructure and other improvements in
connection with the development and construction of an urban
renewal and revitalization project in downtown Wheeling known
as the Wheeling victorian outlet center; providing for the
dedication of certain consumers sales tax revenues to the West
Virginia infrastructure fund for a period of four years; and
providing that all nontax revenues which may be received by
the West Virginia development office with respect to the proposed Wheeling victorian outlet center be dedicated to the
West Virginia infrastructure fund.
Be it enacted by the Legislature of West Virginia:
That section eighteen-a, article twenty-two, chapter twenty-
nine of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted to read as
follows:
ARTICLE 22. STATE LOTTERY ACT.
§29-22-18a. State excess lottery revenue fund
(a) There is hereby created a special revenue fund within the
state lottery fund in the state treasury which shall be designated
and known as the "state excess lottery revenue fund". The fund
shall consist of all appropriations to the fund and all interest
earned from investment of the fund and any gifts, grants or
contributions received by the fund. All revenues received under
the provisions of sections ten-b and ten-c, article twenty-two-a of
this chapter and under article twenty-two-b of this chapter, except
the amounts due the commission under section 29-22B-1408(a) (1) of
this chapter, shall be deposited in the state treasury and placed
into the "state excess lottery revenue fund". The revenue shall be
disbursed in the manner provided in this section for the purposes
stated in this section and shall not be treated by the auditor and
the state treasurer as part of the general revenue of the state.
(b) For the fiscal year beginning the first day of July, two
thousand one, the moneys of the fund established in this section
shall be used for the purpose of subsidizing salary increases and
associated employee benefits paid from the state general revenue
fund as determined by the secretary of administration effective the
first day of July, two thousand one or thereafter, including, but
not limited, to the salary increase for teachers provided in
section two, article four, chapter eighteen-a of this code, by
enactment of the Legislature in two thousand one; the salary
increase for members of the state police provided in section five,
article two, chapter fifteen of this code by enactment of the
Legislature in two thousand one; and general salary increases for
state employees:
Provided, That effective the first day of
October, two thousand one, the full year salary increases for state
employees other than correctional officers and members of the state
police equal seven hundred fifty-six dollars for each full-time
employee:
Provided, however, That effective the first day of July,
two thousand one, the full year salary increases for uniformed
correctional officers equal two thousand dollars for each full-time
employee; and that the full year salary increases for non-uniformed
correctional staff, whose core duties include contact with inmates
or juvenile detainees on a regular and frequent basis, equal one
thousand two hundred fifty dollars for each full-time employee; but
that for all other division of correction and division of juvenile services employees, the full year salary increase equals seven
hundred fifty-six dollars for each full-time employee. Until the
thirtieth day of June, two thousand two, the lottery commission
shall, upon direction from the governor, transfer the moneys of the
account to the state general revenue fund in the amounts specified
in the governor's official revenue estimates to subsidize the
funding of the salary increases described in this subsection.
Beginning the first day of July, two thousand two, and thereafter,
the transfer authority granted by this subsection is terminated.
After first satisfying the funding requirements directed by this
subsection, the moneys remaining in the fund shall be disbursed in
the manner provided by subsection (c) of this section.
(c) For the fiscal year beginning the first day of July, two
thousand one, the commission shall deposit: (1) Five million five
hundred thousand dollars into the account hereby created in the
state treasury to be known as the "education improvement fund" for
appropriation by the Legislature to the "promise scholarship fund"
created in section seven, article seven, chapter eighteen-c of this
code; (2) twenty-five million dollars to the school building debt
service fund created in section six, article nine-d, chapter
eighteen of this code for the issuance of revenue bonds; (3)
twenty-five million dollars in the West Virginia infrastructure
fund created in section nine, article fifteen-a, chapter thirty-one
of this code to be spent in accordance with the provisions of that article; (4) ten million dollars into a separate account within the
state lottery fund to be known as the higher education improvement
fund for higher education; and (5) nine million dollars into a
separate account within the state lottery fund to be known as the
state park improvement fund for park improvements. For the fiscal
year beginning the first day of July, two thousand two, the
commission shall deposit: (1) Sixty-five million dollars into the
subaccount of the state excess lottery revenue fund hereby created
in the state treasury to be known as the "general purpose account"
to be expended pursuant to appropriation of the Legislature; (2)
ten million dollars into the education improvement fund for
appropriation by the Legislature to the "promise scholarship fund"
created in section seven, article seven, chapter eighteen-c of this
code; (3) twenty-five million dollars to the school building debt
service fund created in section six, article nine-d, chapter
eighteen of this code for the issuance of revenue bonds; (4) fifty
million dollars in the West Virginia infrastructure fund created in
section nine, article fifteen-a, chapter thirty-one of this code to
be spent in accordance with the provisions of that article
:
Provided, That the first twenty million dollars of such deposit
with the West Virginia infrastructure fund shall be dedicated
exclusively for and expended in connection with the development and
construction of that certain urban renewal and revitalization
project in downtown Wheeling to be known as the Wheeling victorian outlet center: Provided. however, that the expenditure of such
moneys, directly or indirectly, and the expenditure of other
public, private and local moneys which may be expended in
connection with the proposed Wheeling victorian outlet center
project, shall not be subject to the requirements and provisions of
article fifteen-a, chapter thirty-one of this code, the
requirements and provisions of articles twenty-two and
twenty-two-a, chapter five of this code, or the requirements and
provisions of chapter five-g of this code; nor shall such moneys be
subject to any restrictions or limitations under subsection (g) of
this section of the code; but such moneys shall be disbursed as
directed by the West Virginia development office, in accordance
with such agreement or agreements as the West Virginia development
office may enter into with either public or private entities, or
both, in connection with the development, construction and
operation of the proposed Wheeling victorian outlet center; (5) ten
million dollars into the higher education improvement fund for
higher education; and (6) nine million dollars into the state park
improvement fund for park improvements. For the fiscal year
beginning the first day of July, two thousand three, the commission
shall deposit: (1) Sixty-five million dollars into the general
purpose account to be expended pursuant to appropriation of the
Legislature; (2) seventeen million dollars into the education
improvement fund for appropriation by the Legislature to the "promise scholarship fund" created in section seven, article seven,
chapter eighteen-c of this code; (3) twenty-five million dollars to
the school building debt service fund created in section six,
article nine-d, chapter eighteen of this code for the issuance of
revenue bonds; (4) fifty million dollars in the West Virginia
infrastructure fund created in section nine, article fifteen-a,
chapter thirty-one of this code to be spent in accordance with the
provisions of that article
: Provided further, That the first
twenty million dollars of such deposit with the West Virginia
infrastructure fund shall be dedicated exclusively for and expended
in connection with the development and construction of that certain
urban renewal and revitalization project in downtown Wheeling to be
known as the Wheeling victorian outlet center: And provided
further, That the expenditure of such moneys, directly or
indirectly, and the expenditure of other public, private and local
moneys which may be expended in connection with the proposed
Wheeling victorian outlet center project, shall not be subject to
the requirements and provisions of article fifteen-a, chapter
thirty-one of this code, the requirements and provisions of
articles twenty-two and twenty-two-a, chapter five of this code, or
the requirements and provisions of chapter five-g of this code; nor
shall such moneys be subject to any restrictions or limitations
under subsection (g) of this section of the code; but such moneys
shall be disbursed as directed by the West Virginia development office, in accordance with such agreement or agreements as the West
Virginia development office may enter into with either public or
private entities, or both, in connection with the development,
construction and operation of the proposed Wheeling victorian
outlet center; (5) ten million dollars into the higher education
improvement fund for higher education; and (6) nine million dollars
into the state park improvement fund for park improvements. For the
fiscal year beginning the first day of July, two thousand four, and
subsequent fiscal years, the commission shall deposit: (1)
Sixty-five million dollars into the general purpose account to be
expended pursuant to appropriation of the Legislature; (2)
twenty-seven million dollars into the education improvement fund
for appropriation by the Legislature to the "promise scholarship
fund" created in section seven, article seven, chapter eighteen-c
of this code; (3) twenty-five million dollars to the school
building debt service fund created in section six, article nine-d,
chapter eighteen of this code for the issuance of revenue bonds;
(4) fifty million dollars in the West Virginia infrastructure fund
created in section nine, article fifteen-a, chapter thirty-one of
this code to be spent in accordance with the provisions of that
article
: And Provided further, That for each of the fiscal years
beginning the first day of July, two thousand four, and beginning
the first day of July, two thousand five, but not in any subsequent
fiscal years, the first twenty million dollars of such deposit with the West Virginia infrastructure fund shall be dedicated
exclusively for and expended in connection with the development and
construction of that certain urban renewal and revitalization
project in downtown Wheeling to be known as the Wheeling victorian
outlet center: And Provided further, That the expenditure of such
moneys, directly or indirectly, and the expenditure of other
public, private and local moneys which may be expended in
connection with the proposed Wheeling victorian outlet center
project, shall not be subject to the requirements and provisions of
article fifteen-a, chapter thirty-one of this code, the
requirements and provisions of articles twenty-two and
twenty-two-a, chapter five of this code, or the requirements and
provisions of chapter five-g of this code; nor shall such moneys be
subject to any restrictions or limitations under subsection g of
this section of the code; but such moneys shall be disbursed as
directed by the West Virginia development office, in accordance
with such agreement or agreements as the West Virginia development
office may enter into with either public or private entities, or
both, in connection with the development, construction and
operation of the proposed Wheeling victorian outlet center; (5) ten
million dollars into the higher education improvement fund for
higher education; and (6) nine million dollars into the state park
improvement fund for park improvements.
For each of the four
fiscal years beginning the first day of July, two thousand two, the first day of July, two thousand three, the first day of July, two
thousand four, and the first day of July, two thousand five,
thirteen million dollars of consumers sales tax revenues collected
under article fifteen, chapter eleven of this code, shall be
deposited into the West Virginia infrastructure fund created in
section nine, article fifteen-a, chapter thirty-one of this code,
to be spent by the West Virginia infrastructure and jobs
development council on projects, as defined in article fifteen-a,
chapter thirty-one of this code, in accordance with the provisions
of that article. All non-tax revenues or moneys received or
collected at any time by the West Virginia development office in
respect of the proposed Wheeling victorian outlet center pursuant
to any agreement or agreements which the West Virginia development
office may enter into with either public or private entities, or
both, in connection with the development, construction and
operation of the proposed Wheeling victorian outlet center, shall
also be deposited into the West Virginia infrastructure fund
created in section nine, article fifteen-a, chapter thirty-one of
this code, to be spent by the West Virginia infrastructure and jobs
development council on projects, as defined in article fifteen-a,
chapter thirty-one of this code, in accordance with the provisions
of that article.
(d) If the commission receives revenues in an amount that is
not sufficient to fully comply with the requirements of subsection (c) of this section, the commission shall, after providing for the
distribution to the education improvement fund for appropriation by
the Legislature to the promise scholarship fund, distribute the
revenue on a pro rata basis.
(e) For the fiscal year beginning on the first day of July,
two thousand two, and each fiscal year thereafter, the commission
shall, after meeting the requirements of subsections (c) and (h) of
this section, deposit fifty percent of the amount by which annual
gross revenue deposited in the state excess lottery revenue fund
exceeds two hundred twenty-five million dollars in a fiscal year in
a separate account in the state lottery fund to be available for
appropriation by the Legislature.
(f) When bonds are issued for the infrastructure, higher
education or park improvement purposes described in this section
that are secured by profits from lotteries deposited in the state
excess lottery revenue fund, the lottery director shall allocate to
the debt service fund created for that purpose, as a third priority
from the net profits of the lottery under this section and section
eighteen of this article for the preceding month, an amount equal
to one tenth of the projected annual principal, interest and
coverage requirements on any and all revenue bonds issued, or to be
issued, on or after the first day of April, two thousand two, as
certified to the lottery director in accordance with legislation
authorizing issuance of the bonds. In the event there are insufficient funds available in any month to transfer the amount
required pursuant to this subsection, the deficiency shall be added
to the amount transferred in the next succeeding month in which
revenues are available to transfer the deficiency. A
third-in-priority lien on the proceeds of the state lottery fund
and the state excess lottery revenue fund up to a maximum amount
equal to the projected annual
principle principal, interest and
coverage ratio requirements, not to exceed an annual amount
specified in legislation authorizing issuance of the bonds, may be
granted by the state in favor of the bonds it issues which are
secured by net lottery profits and state excess lottery revenue.
(g) No portion of the distributions made as provided in
subsection (c) of this section may be used to pay debt service on
bonded indebtedness until after the Legislature expressly
authorizes issuance of the bonds and payment of debt service on the
bonds through statutory enactment or the passage of a concurrent
resolution by both houses of the Legislature. Until subsequent
legislative enactment or adoption of a resolution that expressly
authorizes issuance of the bonds and payment of debt service on the
bonds with funds distributed under subsection (c) of this section,
the distributions may be used only to fund capital improvements
that are not financed by bonds and only pursuant to appropriation
of the Legislature.
(h) In fiscal year two thousand four, and thereafter, prior
to the distributions provided in subsection (c) of this section,
the lottery commission shall deposit into the general revenue fund
amounts necessary to provide reimbursement for the refundable
credit allowable under section twenty-one, article twenty-one,
chapter eleven of this code.
(i) (1) The Legislature considers the following as priorities
in the expenditure of any surplus revenue funds:
(A) Providing salary and/or increment increases for
professional educators and public employees;
(B) Providing adequate funding for the public employees
insurance agency; and
(C) Providing funding to help address the shortage of
qualified teachers and substitutes in areas of need, both in number
of teachers and in subject matters areas.
(2) The provisions of this subsection may not be construed by
any court to require any appropriation or any specific
appropriation or level of funding for the purposes set forth in
this subsection.
(j) The Legislature further directs the Governor to focus
resources on the creation of a prescription drug program for senior
citizens by pursuing a medicaid waiver to offer prescription drug
services to senior citizens; by investigating the establishment of
purchasing agreements with other entities to reduce costs; by providing discount prices or rebate programs for seniors; by
coordinating programs offered by pharmaceutical manufacturers that
provide reduced cost or free drugs; by coordinating a collaborative
effort among all state agencies to ensure the most efficient and
cost effective program possible for the senior citizens of this
state; and by working closely with the state's congressional
delegation to ensure that a national program is implemented. The
Legislature further directs that the Governor report his progress
back to the joint committee on government and finance on an annual
basis beginning in November of the year two thousand one, until a
comprehensive program has been fully implemented.
NOTE: The purpose of this bill is to authorize and direct the
expenditure of certain state excess lottery revenue funds for
public infrastructure and other improvements in connection with the
development and construction of an urban renewal and revitalization
project in downtown Wheeling to be known as the "Wheeling Victorian
Outlet Center." The bill also dedicates certain consumer sales tax
revenues and other revenues received by the State in respect of the
project into the West Virginia infrastructure fund.
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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