ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2835
(By Delegates Ennis, Manchin, Poling, Shelton
Tucker, Smirl and Wakim)
[Passed March 8, 2003; in effect ninety days from passage.]
AN ACT to amend article one, chapter nine-a of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section eleven; and
to amend and reenact section nine-a, article twenty-two,
chapter twenty-nine of said code, all relating to establishing
a special revenue fund to receive gifts and donations for the
support of veterans facilities; authorized expenditures;
renaming a special revenue fund and clarifying its purpose;
and removing a statement implying restraints on funds to repay
bonds.
Be it enacted by the Legislature of West Virginia:
That article one, chapter nine-a of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new section, designated section eleven; and that
section nine-a, article twenty-two, chapter twenty-nine of said
code be amended and reenacted, all to read as follows:
CHAPTER 9A. VETERANS AFFAIRS.
ARTICLE 1. DIVISION OF VETERANS AFFAIRS.
§9A-1-11. Establishment of veterans facilities support fund;
authorized expenditures.
There is hereby created in the state treasury a special
revenue fund to be designated and known as the veterans facilities
support fund. All interest or other returns earned on the
investment of the moneys in the fund shall be credited to the fund.
Funds paid into the account shall be derived from the following
sources: (1) Any gift, grant, bequest, endowed fund or donation
which may be received by any veterans facility created by statute
from any governmental entity or unit or any person, firm,
foundation or corporation; and (2) all interest or other return on
investment accruing to the fund. Moneys in the fund are to be used
for the operational costs of any veterans facility created by
statute or as otherwise designated or specified by the donor. 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 for use by the
director of the division of veterans affairs for any operational
costs of any veterans facility created by statute or as otherwise
designated or specified by the donor.
CHAPTER 29. 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, and subject to the provisions of subsection (c) of this
section, 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 this
section, and upon the effective date of the enactment of this
section in two thousand two, the Legislature may make
appropriations from this fund for architectural and other project
costs associated with construction, operational costs, and for
payment of principal and interest for revenue bonds issued under
provisions of section seven, article twenty-nine-a, chapter sixteen
of this code:
Provided, That 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 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 skilled nursing facilities for veterans of
the armed forces of the United States military:
Provided, however,
That after the payment of the above-mentioned items, 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 nursing home
building fund which shall consist of all funds for the
architectural and other project costs related to the construction
of the veteran's nursing home. These funds shall be transferred
from the veterans lottery fund to the veterans 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. Following the selection of the architect, the
director shall certify the estimated total cost of the architect
and associated costs to the joint committee on government and
finance prior to the transfer of funds. If funds transferred
exceed the estimated costs certified to the joint committee, the
director shall certify the additional costs to the joint committee.
(e) 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.
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