ENGROSSED

COMMITTEE SUBSTITUTE

FOR

H. B. 4333

(By Mr. Speaker, (Mr. Miley) and Delegate Armstead)

[By Request of the Executive])

(Originating in the Committee on Finance)

[February 21, 2014]

A BILL to amend and reenact §29-22-18d of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto three new sections, designated §29-22A-10d, §29-22A-10e and §29-22A-10f; to amend said code by adding thereto a new section, designated §29-22C-27a; and to amend said code by adding thereto a new section, designated §29-25-22b, all relating to the transfer of certain revenues derived from lottery activities generally; reducing the distribution to the West Virginia Infrastructure Fund to $20 million for fiscal year 2015; transferring certain revenues derived from racetrack video lottery, lottery racetrack table games and lottery historic hotel gaming facility activities to the state excess lottery revenue fund and distributing revenues from the state excess lottery revenue fund to certain distributees, all for fiscal year 2015.

Be it enacted by the Legislature of West Virginia:

    That §29-22-18d of the Code of West Virginia, 1931, as amended, be amended and reenacted; that said code be amended by adding thereto three new sections, designated §29-22A-10d, §29-22A-10e and §29-22A-10f; that said code be amended by adding thereto a new section, designated §29-22C-27a; and that said code be amended by adding thereto a new section, designated §29-25-22b, all to read as follows:

ARTICLE 22. STATE LOTTERY ACT.

§29-22-18d. Increase in allocation to West Virginia Infrastructure Fund from State Excess Lottery Revenue Fund.

    Notwithstanding any provision of subsection (d), section eighteen-a of this article to the contrary, the deposit of $40 million into the West Virginia Infrastructure Fund set forth above is for the fiscal year beginning July 1, 2010, only. For the fiscal year beginning July 1, 2011, and each fiscal year thereafter, in lieu of the deposits required under subdivision (5), subsection (d), section eighteen-a of this article, the commission shall, first, deposit $6 million into the West Virginia Infrastructure Lottery Revenue Debt Service Fund created in subsection (h), section nine, article fifteen-a, chapter thirty-one of this code, to be spent in accordance with the provisions of that subsection, and, second deposit $40 million into the West Virginia Infrastructure Fund created in subsection (a), section nine, article fifteen-a, chapter thirty-one of this code, to be spent in accordance with the provisions of that article: Provided, That for the fiscal year beginning July 1, 2014, the deposit to the West Virginia Infrastructure Fund shall be $20 million; Provided, however, That notwithstanding any provision of subsection (a), section ten, article fifteen-a, chapter thirty-one of this code to the contrary, for the fiscal year beginning July 1, 2014, any moneys disbursed from the West Virginia Infrastructure Fund in the form of grants shall not exceed fifty percent of the total funds available for the funding of projects.

ARTICLE 22A. RACETRACK VIDEO LOTTERY ACT.

§29-22A-10d. Changes in distribution of net terminal income; distributions from excess lottery fund.

    (a) Notwithstanding any provision of subsection (b), section ten of this article to the contrary, for the fiscal year beginning July 1, 2014, the distributions for transfer to the Licensed Racetrack Modernization Fund pursuant to subsection (b), section ten of this article, shall be reduced by one hundred percent.

    (b) Notwithstanding any provision of subsection (c), section ten of this article to the contrary, for the fiscal year beginning July 1, 2014, each distribution expressed as a percentage of net terminal income, except those distributions to be made pursuant to subdivisions (1), (3) and (7) subsection (c), section ten of this article, shall be reduced by one hundred percent.

    (c) The total amount of reductions resulting from subsections (a) and (b) of this section shall be paid into the State Excess Lottery Revenue Fund, created by section eighteen-a, article twenty-two of this chapter.

    (d) Notwithstanding any other provision of this code to the contrary, for the fiscal year beginning July 1, 2014, after meeting the requirements for the payment of debt service as provided under sections eighteen and eighteen-a, article twenty-two of this chapter, from the State Excess Lottery Revenue Fund created in section eighteen-a, article twenty-two of this chapter, there shall be distributed to the distributees to which the distributions would have been made under section ten of this article but for the reductions required by this section as follows:

    (1) One hundred percent of the amount of the distribution provided under subdivisions (4) and (9), subsection (c), section ten of this article;

    (2) Ninety percent of the amount of the distributions for transfer to the Licensed Racetrack Modernization Fund provided under subsection (b), section ten of this article”, followed by a semicolon, and by redesignating the remaining subdivision accordingly; and

    (3) Ninety percent of the amount of the distribution provided under subdivisions (2), (5), (6), all provisions of subdivision (8) except subparagraph (iv), paragraph (B) thereof, and subdivision (10), all of subsection (c), section ten of this article.

§29-22A-10e. Changes in distribution of excess net terminal income; distributions from excess lottery fund.

    (a) Notwithstanding any provision of subsection (a), section ten-b of this article to the contrary, for the fiscal year beginning July 1, 2014, each distribution expressed as a percentage of excess of total net terminal income, except those distributions to be made pursuant to subdivisions (1), (3) and (7), subsection (a), section ten-b of this article, shall be reduced by one hundred percent.

    (b) The total amount of reductions resulting from subsection (a) of this section shall be paid into the State Excess Lottery Revenue Fund created in section eighteen-a, article twenty-two of this chapter.

    (c) Notwithstanding any other provision of this code to the contrary, for the fiscal year beginning July 1, 2014, after meeting the requirements for the payment of debt service as provided under sections eighteen and eighteen-a, article twenty-two of this chapter, from the State Excess Lottery Revenue Fund created in section eighteen-a, article twenty-two of this chapter, there shall be distributed to the distributees to which the distributions would have been made under section ten-b of this article but for the reductions required by this section as follows:

    (1) One hundred percent of the amount of the distribution provided under subdivisions (4), (9) and paragraph (B), subdivision (10), subsection (a), section ten-b of this article; and

    (2) Ninety percent of the amount of the distribution provided under subdivisions (2), (5) (6) and (8), subsection (a), section ten-b of this article.

§29-22A-10f. Changes in distribution of surcharge; distributions from excess lottery fund.

    (a) Notwithstanding any provision of subsection (b), section ten-c of this article to the contrary, for the fiscal year beginning July 1, 2014, each distribution expressed as a percentage of excess of total net terminal income under section ten-c of this article, shall be reduced by one hundred percent.

    (b) The total amount of reductions resulting from subsection (a) of this section shall be paid into the State Excess Lottery Revenue Fund created in section eighteen-a, article twenty-two of this chapter.

    (c) Notwithstanding any other provision of this code to the contrary, for the fiscal year beginning July 1, 2014, after meeting the requirements for the payment of debt service as provided under sections eighteen and eighteen-a, article twenty-two of this chapter, from the State Excess Lottery Revenue Fund created in section eighteen-a, article twenty-two of this chapter, there shall be distributed to the distributee to which the distributions would have been made under section ten-c of this article but for the reductions required by this section as follows:

    Ninety percent of the amount of the distribution provided under subsection (b), section ten-c of this article.

ARTICLE 22C. WEST VIRGINIA LOTTERY RACETRACK TABLE GAMES ACT.

§29-22C-27a. Changes in distribution of adjusted gross receipts; distributions from excess lottery fund.

    (a) Notwithstanding any provision of section twenty-seven of this article to the contrary, for the fiscal year beginning July 1, 2014, each distribution expressed as a percentage of adjusted gross receipts found in subsection (c) of that section, except subdivisions (1), (4), (5), (6) and (7) of that subsection, and each distribution expressed as a percentage of net amounts found in subsection (d) of that section, except subdivisions (3) and (4) of that subsection, shall be reduced by one hundred percent.

    (b) The total amount of reductions resulting from subsection (a) of this section shall be paid into the State Excess Lottery Revenue Fund created in section eighteen-a, article twenty-two of this chapter.

    (c) Notwithstanding any other provision of this code to the contrary, for the fiscal year beginning July 1, 2014, after meeting the requirements for the payment of debt service as provided under sections eighteen and eighteen-a, article twenty-two of this chapter, from the State Excess Lottery Revenue Fund created in section eighteen-a, article twenty-two of this chapter, there shall be distributed to the distributees to which the distributions would have been made under section twenty-seven of this article but for the reductions required by this section as follows:

    (1) One hundred percent of the amount of the distribution provided under subdivisions (1) and (2), subsection (d), section twenty-seven of this article; and

    (2) Ninety percent of the amount of the distribution provided under subdivisions (2) and (3), subsection (c), section twenty-seven of this article.

ARTICLE 25. AUTHORIZED GAMING FACILITY.

§29-25-22b. Changes in distribution of adjusted gross receipts and additional income; distributions from excess lottery fund.

    (a) Notwithstanding any provision of section twenty-two of this article to the contrary, for the fiscal year beginning July 1, 2014, after payment of the commission’s expenses pursuant to subsection (b), section twenty-two of this article, each distribution made in subsection (c), section twenty-two of this article from gross terminal income, and each distribution of the balance of the Historic Resort Hotel Fund made in subsection (d), section twenty-two of this article, except subdivisions (4), (5) (6), (7) and (8) of that subsection, shall be reduced by one hundred percent.

    (b) Notwithstanding any provision of section twenty-two-a of this article to the contrary, for the fiscal year beginning July 1, 2014, each distribution made in subsection (a), section twenty-two-a of this article shall be reduced by one hundred percent.

    (c) The total amount of reductions resulting from subsections (a) and (b) of this section shall be paid into the State Excess Lottery Revenue Fund created in section eighteen-a, article twenty-two of this chapter.

    (d) Notwithstanding any other provision of this code to the contrary, for the fiscal year beginning July 1, 2014, after meeting the requirements for the payment of debt service as provided under sections eighteen and eighteen-a, article twenty-two of this chapter, from the State Excess Lottery Revenue Fund created in section eighteen-a, article twenty-two of this chapter, there shall be distributed to the distributees to which the distributions would have been made under section twenty-two and twenty-two-a of this article but for the reductions required by this section as follows:

    (1) One hundred percent of the amount of the distribution provided under subdivisions (1) and (2), subsection (d), section twenty-two of this article; and one hundred percent of the amount of the distribution provided under section twenty-two-a of this article

    (2) Ninety percent of the amount of the distribution provided under subdivision (3), subsection (d), section twenty-two of this article.