H. B. 2835
(By Delegate Ennis, Manchin, Poling,
Shelton, Tucker, Smirl and Wakim)
[Introduced
February 3, 2003
; referred to the
Committee on Veterans Affairs and Homeland Security then
Finance.]
A BILL 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; and
renaming a special revenue fund.
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. Revenues received by the veterans facilities support
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 these funds.
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 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 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) Before appropriation of any of the net profits derived from the veterans benefit game for the uses set forth in this
section, the Legislature shall first determine that the state has
met all debt obligations for which lottery profits have been
pledged for that fiscal year.
(d) 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 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
these funds.
(e) 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.
(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 the bill is to create a special revenue
fund for receipt of gifts, donations, etc. to support the operation
of veterans facilities created by statute.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
Chapter 9A, article 1, section 11 is new; therefore,
underlining and strike-throughs have been omitted.
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