ENGROSSED
Senate Bill No. 718
(By Senator Snyder)
____________
[Introduced March 23, 2009; referred to the Committee on the
Judiciary; and then to the Committee on Finance.]
____________
A BILL to amend and reenact §29-22C-27 of the Code of West
Virginia, 1931, as amended, relating to allocating to the
Lottery Commission and to certain municipalities and counties
an increased proportion of the adjusted gross receipts from
licensed racetracks with West Virginia Lottery table games;
providing a corresponding decrease in funds transferred to the
state when the voters of all the counties that have licensed
racetracks have approved that West Virginia Lottery table
games are permitted at those licensed racetracks; increasing
share allocated to racetrack counties and municipalities; and
increasing the Lottery Commission's administration fee.
Be it enacted by the Legislature of West Virginia:
That §29-22C-27 of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 22C. WEST VIRGINIA LOTTERY RACETRACK TABLE GAMES ACT.
§29-22C-27. West Virginia Lottery Racetrack Table Games Fund; Community-Based Service Fund; State Debt Reduction
Fund; distribution of funds.
(a)(1)
There is hereby created and established a The special
fund in the State Treasury
to be known as the West Virginia Lottery
Racetrack Table Games Fund
is continued and all tax collected under
this article shall be deposited with the State Treasurer and placed
in the West Virginia Lottery Racetrack Table Games Fund. The fund
shall be an interest-bearing account with all interest or other
return earned on the money of the fund credited to and deposited in
the fund.
(2) Notwithstanding any provision of this article to the
contrary, all racetrack table games license fees received by the
commission pursuant to section eight of this article shall be
deposited into the Community-Based Service Fund
which is hereby
created in the State Treasury. Moneys of the fund shall be
expended by the Bureau of Senior Services upon appropriation of the
Legislature solely for the purpose of enabling the aged and
disabled citizens of this state to maintain their residency in the
community-based setting through the provision of home and
community-based services.
(b) From the gross amounts deposited into the Racetrack Table
Games Fund pursuant to subsection (a) of this section, the
commission shall:
(1) Retain
an amount three percent of adjusted gross receipts
for the administrative expenses of the commission as determined by the commission in accordance with subsection
(d)(e) of this
section;
(2) Transfer two and one-half percent of adjusted gross
receipts from all thoroughbred racetracks with West Virginia
Lottery table games to the special funds established by each
thoroughbred racetrack table games licensees for the payment of
regular racetrack purses,
such the amount being divided equally
between
such the special funds of each thoroughbred racetrack table
games licensee and transfer two and one-half percent of adjusted
gross receipts from all greyhound racetracks with West Virginia
Lottery table games to the special funds established by each
greyhound racetrack table games licensees for the payment of
regular racetrack purses,
such the amount being divided equally
between
such the special funds of each greyhound racetrack table
games licensee;
(3) Transfer two percent of the adjusted gross receipts from
all licensed racetracks to the Thoroughbred Development Fund
created under section thirteen-b, article twenty-three, chapter
nineteen of this code and the Greyhound Breeding Development Fund
created under section ten of said article. The total amount
transferred under this subdivision shall be divided pro rata among
the development funds for each racetrack table games licensee based
on relative adjusted receipts from each racetrack. No portion of
the amounts transferred to these funds may be used for the benefit
of any person or activity other than at or associated with a racetrack table games licensee;
(4) Transfer one percent of the adjusted gross receipts from
each licensed racetrack to the county commissions of the counties
where racetracks with West Virginia Lottery table games are
located. The one percent transferred under this subdivision shall
be divided pro rata among the counties with a racetrack with West
Virginia Lottery table games based on relative adjusted gross
receipts from each county's racetrack:
Provided, That the county
board of education of a growth county, as that term is defined in
section three, article twenty, chapter seven of this code, which
has enacted the Local Powers Act, and in which county a racetrack
is located that has participated in the West Virginia Thoroughbred
Development Fund since on or before January 1, 1991, shall receive
the one percent of adjusted gross receipts as provided in this
subdivision for the purpose of capital improvements;
(5) Transfer two percent of the adjusted gross receipts from
each licensed racetrack to the governing bodies of municipalities
within counties where racetracks with West Virginia Lottery table
games are located, which shall be allocated as follows:
(A) One half of the amounts transferred under this subdivision
shall be allocated to the municipalities within each county having
a racetrack table games licensee, based on relative adjusted gross
receipts from West Virginia Lottery table games from those
racetracks and the total amount allocated to the municipalities
within a county shall be divided pro rata among the municipalities based on each municipality's population determined at the most
recent United States decennial census of population:
Provided,
That: (i) For each allocation, when a municipality is physically
located in two or more counties, only that portion of its
population residing in the county where the authorized table games
are located shall be considered; (ii) no single municipality in a
county where West Virginia Lottery racetrack table games are played
may receive a total share under this
part A paragraph that is in
excess of seventy-five percent of the total distribution under this
part A paragraph for the county in which the municipality is
located; and (iii) no municipality receiving moneys under this
part
A paragraph shall receive an amount which is less than that
received by a municipality under provisions of subdivision
four
(4), subsection
(c) (d) of this section; and
(B) One half of the amounts transferred under this subdivision
shall be allocated pro rata to the municipalities within all the
counties, having a racetrack table games licensee based on each
municipality's population determined at the most recent United
States decennial census of population:
Provided, That: (i) No
municipality which received funds above its pro rata share pursuant
to subpart (iii),
of part A above paragraph (A) of this subdivision
shall receive an allocation under this
part B paragraph; (ii) for
each allocation, when a municipality is physically located in two
or more counties, only that portion of its population residing in
the county where the authorized table games are located shall be considered; and (iii) no single municipality in a county where West
Virginia Lottery racetrack games are played may receive a total
share under this
part (B) paragraph that is in excess of twenty-
five percent of the total transfers under this
part (B) paragraph:
Provided, however, That the county board of education of a growth
county, as that term is defined in section three, article twenty,
chapter seven of this code, which has enacted the Local Powers Act,
and in which county a racetrack is located that has participated in
the West Virginia Thoroughbred Development Fund since on or before
January 1, 1991, shall receive the two percent of adjusted gross
receipts as provided in this subdivision for the purpose of capital
improvements;
(6) Transfer one half of one percent of the adjusted gross
receipts to the governing bodies of municipalities in which a
racetrack table games licensee is located
, which. The
municipalities shall each receive an equal share of the total
amount allocated under this subdivision:
Provided, That
no
distribution under this subdivision shall
not be made to any
municipality which did not have a licensed racetrack within its
municipal boundaries as they existed on January 1, 2007:
Provided,
however, That if no racetrack table games licensee is located
within a municipality, no transfer shall be made under this
subdivision; and
(7) Distribute the remaining amounts, hereinafter referred to
as the net amounts in the Racetrack Table Games Funds, in accordance with the provisions of subsection (c) of this section.
(c) Beginning with the fiscal year following the licensing by
the commission of every pari-mutuel racetrack authorized by section
one, article twenty-three, chapter nineteen of this code to offer
West Virginia lottery racetrack table games, subsection (b) of this
section shall be superseded and replaced by this subsection for
distribution of the balances in the fund established by subsection
(a) of this section. From the gross amounts deposited into the
fund, the commission shall:
(1) Retain four percent of adjusted gross receipts for the
administrative expenses of the commission as determined by the
commission in accordance with subsection (e) of this section;
(2) Transfer two and one-half percent of adjusted gross
receipts from all thoroughbred racetracks with West Virginia
Lottery table games to the special funds established by each
thoroughbred racetrack table games licensees for the payment of
regular racetrack purses, the amount being divided equally between
the special funds of each thoroughbred racetrack table games
licensee and transfer two and one-half percent of adjusted gross
receipts from all greyhound racetracks with West Virginia Lottery
table games to the special funds established by each greyhound
racetrack table games licensees for the payment of regular
racetrack purses, the amount being divided equally between the
special funds of each greyhound racetrack table games licensee;
(3) Transfer two percent of the adjusted gross receipts from all licensed racetracks to the Thoroughbred Development Fund
created under section thirteen-b, article twenty-three, chapter
nineteen of this code and the Greyhound Breeding Development Fund
created under section ten of said article. The total amount
transferred under this subdivision shall be divided pro rata among
the development funds for each racetrack table games licensee based
on relative adjusted receipts from each racetrack. No portion of
the amounts transferred to these funds may be used for the benefit
of any person or activity other than at or associated with a
racetrack table games licensee;
(4)Transfer two percent of the adjusted gross receipts from
each licensed racetrack to the county commissions of the counties
where racetracks with West Virginia Lottery table games are
located. The money transferred under this subdivision shall be
divided pro rata among the counties with a racetrack with West
Virginia Lottery table games based on relative adjusted gross
receipts from each county's racetrack: Provided, That the county
board of education of a growth county, as that term is defined in
section three, article twenty, chapter seven of this code, which
has enacted the Local Powers Act, and in which a racetrack is
located that has participated in the West Virginia Thoroughbred
Development Fund since on or before January 1, 1991, shall receive
one half of that county's share of adjusted gross receipts as
provided in this subdivision for the purpose of capital
improvements;
(5) Transfer three percent of the adjusted gross receipts from
each licensed racetrack to the governing bodies of municipalities
within counties where racetracks with West Virginia Lottery table
games are located, which shall be allocated as follows:
(A) One half of the money transferred by this subdivision
shall be allocated to the municipalities within each county, other
than those counties that have enacted the Local Powers Act, having
a racetrack table games licensee based on relative adjusted gross
receipts from West Virginia Lottery table games from those
racetracks and the total amount allocated to the municipalities
within a county shall be divided pro rata among the municipalities
based on each municipality's population determined at the most
recent United States decennial census of population: Provided,
That: (i) For each allocation, when a municipality is physically
located in two or more counties, only that portion of its
population residing in the county where the authorized table games
are located shall be considered; (ii) no single municipality in a
county where West Virginia Lottery racetrack table games are played
may receive a total share under this paragraph that is in excess of
seventy-five percent of the total distribution under this paragraph
for the county in which the municipality is located; and (iii) no
municipality receiving moneys under this paragraph shall receive an
amount which is less than that received by a municipality under
provisions of subdivision four, subsection (d) of this section.
(B) One half of the money transferred under this subdivision shall be allocated pro rata to the municipalities within all the
counties, other than those counties that have enacted the Local
Powers Act, having a racetrack table games licensee based on each
municipality's population determined at the most recent United
States decennial census of population: Provided, That: (i) A
municipality which received funds above its pro rata share pursuant
to subparagraph (iii), paragraph (A) of this subdivision shall not
receive an allocation under this paragraph; (ii) for each
allocation, when a municipality is physically located in two or
more counties, only that portion of its population residing in the
county where the authorized table games are located shall be
considered; and (iii) no single municipality in a county where West
Virginia Lottery racetrack games are played may receive a total
share under this paragraph that is in excess of twenty-five percent
of the total transfers under this paragraph.
(C) Notwithstanding the provisions of paragraphs (A) and (B)
of this subdivision, when a racetrack is located in a growth
county, as that term is defined in section three, article twenty,
chapter seven of this code, which has enacted the Local Powers Act,
and in which county a racetrack is located that has participated in
the West Virginia Thoroughbred Development Fund since on or before
January 1, 1991, the board of education of the county shall receive
two thirds of the share of adjusted gross receipts from West
Virginia Lottery table games from the racetrack in the county as
provided in this subsection and the municipalities within the county shall share the remaining one third of the total amount
allocated as provided in this paragraph. The municipal one third
share shall be divided pro rata among the municipalities based on
each municipality's population determined at the most recent United
States decennial census of population. All money transferred under
this paragraph shall be used by the board of education and by the
municipalities for the purpose of capital improvements;
(6) Transfer one half of one percent of the adjusted gross
receipts to the governing bodies of municipalities in which a
racetrack table games licensee is located. The municipalities
shall each receive an equal share of the total amount allocated
under this subdivision: Provided, That distribution under this
subdivision shall not be made to any municipality which did not
have a licensed racetrack within its municipal boundaries as they
existed on January 1, 2007: Provided, however, That if no
racetrack table games licensee is located within a municipality, a
transfer shall not be made under this subdivision; and
(7) Distribute the remaining amounts, hereinafter referred to
as the net amounts in the Racetrack Table Games Funds, in
accordance with the provisions of subsection (d) of this section.
(c)(d) From the net amounts in the Racetrack Table Games Fund,
the commission shall:
(1) Transfer seventy-six percent to the State Debt Reduction
Fund
which is hereby created in the State Treasury. Moneys of the
fund shall be expended solely for the purpose of accelerating the reduction of existing unfunded liabilities and existing bond
indebtedness of the state and shall be expended or transferred only
upon appropriation of the Legislature;
(2) Transfer four percent, divided pro rata based on relative
adjusted gross receipts from the individual licensed racetracks for
and on behalf of all employees of each licensed racing association,
into a special fund to be established by the Racing Commission to
be used for payment into the pension plan for all employees of each
licensed racing association;
(3) Transfer ten percent, to be divided and paid in equal
shares, to each county commission in the state that is not eligible
to receive a distribution under subdivision (4), subsection (b) of
this section:
Provided, That funds transferred to county
commissions under this subdivision shall be used only to pay
regional jail expenses and the costs of infrastructure improvements
and other capital improvements
. ; and
(4) Transfer ten percent, to be divided and paid in equal
shares, to the governing bodies of each municipality in the state
that is not eligible to receive a distribution under subdivisions
(5) and (6), subsection (b) of this section:
Provided, That funds
transferred to municipalities under this subdivision shall be used
only to pay for debt reduction in municipal police and fire pension
funds and the costs of infrastructure improvements and other
capital improvements.
(d)
(e) All expenses of the commission incurred in the administration and enforcement of this article shall be paid from
the Racetrack Table Games Fund, including reimbursement of state
law-enforcement agencies for services performed at the request of
the commission pursuant to this article.
At no time may the The
commission's expenses associated
with a particular racetrack with
authorized table games under
this article exceed three percent of
the total annual adjusted gross receipts received from that
licensee's operation of table games under this article, including,
but not limited to,
the rate stated in either subdivision (1),
subsection (b) of this section or subdivision (1), subsection (c)
of this section, depending on the number of racetracks with table
game licenses, and all license fees or other amounts attributable
to the licensees operation of table games under this article. These
expenses shall either be allocated to the racetrack with West
Virginia Lottery table games for which the expense is incurred, if
practicable, or be treated as general expenses related to all
racetrack table games facilities and be allocated pro rata among
the racetrack table games facilities based on the ratio that annual
adjusted gross receipts from operation of table games at each
racetrack with West Virginia Lottery table games bears to total
annual adjusted gross receipts from operation of table games at all
racetracks with West Virginia Lottery table games during the fiscal
year of the state. From this allowance, the commission shall
transfer at least $100,000 but not more than $500,000 into the
Compulsive Gambling Treatment Fund created in section nineteen, article twenty-two-a of this chapter.
Email
Webmaster | © 2024 West Virginia Legislature **
