A BILL to amend article twenty-two, chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section nine-a, relating to lottery; providing for a permanent scratch-off game to benefit veterans; creating a special fund within the state treasury; authorizing the Legislature to appropriate the special lottery funds to construct, operate and maintain skilled nursing beds for veterans; providing for appropriation of excess funds; creating exceptions and setting forth effective date.

Be it enacted by the Legislature of West Virginia:
That article twenty-two, chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section nine-a, to read as follows:
§29-22-9a. Veterans instant lottery scratch-off game.
(a) Beginning the first day of September, two thousand, the commission shall establish an instant lottery scratch-off game designated as the "veterans benefit game", which shall be a permanent addition to the instant lottery scratch-off games offered by the lottery.
(b) Notwithstanding the provisions of section eighteen of this article, and subject to the provisions of subsection (d) of this section, all net profits received from the sale of veterans benefit game lottery tickets, materials and games shall be deposited with the state treasurer into the "veterans lottery fund" authorized by this section, and the Legislature may make appropriations from this fund for the construction, operation and maintenance of skilled nursing beds for veterans of the armed forces of the United States military.
(c) Once the Legislature has determined that there are sufficient skilled nursing beds for veterans in this state and that the facilities providing the skilled nursing beds have sufficient funds to operate the beds, the Legislature may appropriate the excess profits derived from the veterans benefit game for other purposes that benefit veterans in this state, subject to the provisions of subsection (d) of this section.
(d) Before appropriation of any of the net profits derived from the veterans benefit game for the uses set forth herein, the Legislature shall first determine that the state has met all debt obligations for which lottery profits have been pledged for that fiscal year.
(e) There is hereby created in the state treasury a special revenue fund designated and known as the "veterans lottery fund" which shall consist of all revenues derived from the veterans benefit game, any appropriations to the fund by the Legislature, and all interest earned from investment of the fund and any gifts, grants or contributions received by the fund. Revenues received by the veterans lottery fund shall be deposited in the West Virginia consolidated investment pool with the West Virginia investment management board, with the interest income a proper credit to all such funds.
(f) The commission shall change the design or theme of the veterans benefit game regularly so that the game remains competitive with the other instant lottery scratch-off games offered by the commission. The tickets for the instant lottery game herein created shall clearly state that the profits derived from the game are being used to benefit veterans in this state.