HB2047 H JUD AM 1-24 #1

    The Committee on the Judiciary moves to amend the bill on page one, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following language:

ARTICLE 22. STATE LOTTERY ACT.

§29-22-9b. Volunteer firefighters instant lottery scratch-off game.

    (a) Beginning September 1, 2011, the commission shall establish an instant lottery scratch-off game designated as the West Virginia volunteer firefighters benefit game, which is offered by the lottery.

    (b) Notwithstanding the provisions of section eighteen of this article, all net profits received from the sale of the West Virginia firefighters game lottery tickets, materials and games are deposited with the State Treasurer into the West Virginia Volunteer Firefighters Game Lottery Fund created under subsection (d) of this section. Funds from the West Virginia Volunteer Firefighters Game Lottery Fund shall be applied to help offset increased workers’ compensation premium expenses for volunteer fire departments, which are incurred above and beyond the workers’ compensation premiums which were charged to those same departments for the year ended June 30,201l.

    (c) The State Insurance Commissioner shall oversee the distribution of the funds to offset increased workers’ compensation premium expenses incurred by volunteer fire departments in this state, and shall promulgate emergency rules and propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a. These proposed rules shall provide a procedure by which volunteer fire departments, by joint application with the county commissions of the counties in which the departments are located, may seek grants to pay any portion of their assessed workers’ compensation premium which represents an increase over the workers’ compensation premiums charged to those same departments for the year ended June 30, 2011. In the event that there are insufficient funds in the special revenue account to pay all of the increased workers’ compensation premium expenses for which grants are sought for payment through this fund, those same rules shall provide a means for distributing the available funds among the respective applicants, according to hardship the increased premium places on each department’s overall budget.

    (d) There is hereby created in the State Treasury a special revenue fund designated and known as the West Virginia Volunteer Firefighters Game Lottery Fund which shall consist of all revenues derived from the West Virginia volunteer firefighters game, all interest or other returns earned from investment of the fund and any other appropriations, gifts, grants, contributions or moneys received by the West Virginia Volunteer Firefighter Game Lottery Fund from any source. The State Treasurer shall distribute the revenues on the order of the State Insurance Commissioner, to be applied toward the increased workers’ compensation premiums assessed to volunteer fire departments.

    (e) The commission shall change the design or theme of the West Virginia volunteer firefighters 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 created in this section shall clearly state that the profits derived from the game are being used to benefit volunteer firefighters in this state.