COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 505
(By Senators Tomblin, Mr. President, Hunter, Foster, Love,
Kessler, Boley, McKenzie, Jenkins, Plymale, Wells, Unger, Minard,
Bailey, Sypolt and Edgell)
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[Originating in the Committee on Military;
reported February 8, 2008.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §9A-1-11a; and to
amend and reenact §29-22-9a of said code, all relating to
authorizing creation of the Veterans Cemetery Fund to be
funded from a portion of the proceeds from the veterans
instant lottery scratch-off game.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §9A-1-11a; and that
§29-22-9a of said code be amended and reenacted, all to read as
follows:
CHAPTER 9A. VETERANS' AFFAIRS.
ARTICLE 1. DIVISION OF VETERANS' AFFAIRS.
§9A-1-11a. Establishment of Veterans Cemetery Fund.
There is hereby created in the State Treasury a special
revenue fund to be designated and known as the Veterans Cemetery
Fund which shall consist of revenues derived from the veterans
instant lottery scratch-off game, any appropriations to the fund by
the Legislature and all interest or other returns earned from
investment of the fund. Funds may also be derived from any gift,
grant, bequest, endowed fund or donation which may be received by
any veterans cemetery created by statute from any governmental
entity or unit or any person, firm, foundation or corporation. Any
balance, including accrued interest or other earnings, in this
special fund at the end of any fiscal year shall not revert to the
General Revenue Fund but shall remain in the fund.
CHAPTER 22. MISCELLANEOUS BOARDS AND OFFICERS.
ARTICLE 22. STATE LOTTERY ACT.
§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 is offered by the
lottery.
(b) Notwithstanding the provisions of section eighteen of this
article, all net profits received from the sale of veterans benefit
game lottery tickets, materials and games are deposited with the
State Treasurer into the Veterans Lottery Fund created under
subsection (c) of this section. The Legislature may make
appropriations from this fund for operational costs from moneys remaining in the Veterans Lottery Fund after the acquisition,
design, construction, equipping, furnishing, including, without
limitation, the payment of debt service on bonds issued to finance
the foregoing, have been paid. Funds from the Veterans Lottery
Fund for the acquisition, design, construction, equipping,
furnishing, including, without limitation, the payment of debt
service on bonds issued to finance the construction of a veterans
cemetery and/or veterans nursing home shall be transferred to the
Veterans
Cemetery and Nursing Home Building Fund upon written
request of the Director of the Division of Veterans Affairs to the
investment management board and the State Treasurer in accordance
with the provisions of this section. Once the payment of the
principal and interest, any required operational costs and
architectural and other project costs associated with construction
are paid in full for the construction and operation of the initial
veterans
cemetery or skilled nursing facility, the Legislature may
appropriate from the fund created under this section moneys for the
construction, including the architectural fees and other associated
costs, equipping and operation of additional
cemeteries and/ or
skilled nursing facilities for veterans of the Armed Forces of the
United States military:
Provided, That
after in addition to the
payment of the above-mentioned items,
funds may be deposited in
the veterans cemetery fund created in section eleven-a, article
one, chapter nine-a of this code and thereafter the Legislature may
appropriate any excess funds to the General Revenue Fund.
(c) 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 and any appropriations to the fund by the Legislature
and all interest or other returns earned from investment of the
fund.
(d) There is hereby created in the State Treasury a special
revenue fund designated and known as the Veterans
Cemetery and
Nursing Home Building Fund which shall consist of all funds for the
acquisition, design, construction, equipping, furnishing,
including, without limitation, the payment of debt service on bonds
issued to finance the foregoing. Following the selection of the
architect, the director shall certify the estimated total cost of
the architect and all construction and associated costs to the
Joint Committee on Government and Finance prior to the transfer of
funds for construction. If funds transferred exceed the estimated
costs certified to the joint committee, the director shall certify
the additional costs to the joint committee.
(e) There is hereby created in the State Treasury a special
revenue fund designated and known as the Veterans
Cemetery and
Nursing Home Debt Service Fund to which the required funding from
the Veterans
Cemetery and Nursing Home Building Fund is transferred
to refund revenue bonds to pay the principal, interest, redemption
premium and coverage ratio requirement, if any, on the revenue
bonds issued under the provisions of section seven, article
twenty-nine-a, chapter sixteen of this code. The Veterans
Cemetery
and Nursing Home Debt Service Fund has first priority to all funds in the Veterans
Cemetery and Nursing Home Building Fund established
herein not otherwise designated or specified by the donor.
Beginning on or before the twenty-eighth day of July, two thousand
three, and continuing until the twenty-eighth day of June, two
thousand thirty-five, the treasurer shall allocate to the Veterans
Cemetery and Nursing Home Debt Service Fund from the Veterans
Cemetery and Nursing Home Building Fund, as a first priority, an
amount equal to one tenth of the projected annual principal,
interest, redemption premium and coverage ratio requirement on any
and all revenue bonds and refunding bonds issued, or to be issued,
on or after the first day of July, two thousand three, under the
provisions of said section in connection with a veterans
cemetery
and nursing home as certified to the treasurer and the investment
management board by the Director of the Division of Veterans
Affairs. In the event there are insufficient funds available in
any month to transfer the amount required pursuant to this
subsection to the Veterans
Cemetery and Nursing Home Debt Service
Fund, the deficiency shall be added to the amount transferred in
the next succeeding month in which revenues are available to
transfer the deficiency.
(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 created in this section shall clearly state that the profits
derived from the game are being used to benefit veterans in this state.
NOTE: The purpose of this bill is create a Veterans Cemetery
Fund which will fund the construction and operation of a veterans
cemetery. The moneys deposited in the fund will come from the
veterans instant lottery scratch-off game.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
§9A-1-11a is new; therefore, strike-throughs and underscoring
have been omitted.