ENROLLED
COMMITTEE SUBSTITUTE
FOR
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 505
(Senators Tomblin, Mr. President, Hunter, Foster, Love, Kessler, Boley,
McKenzie, Jenkins, Plymale, Wells, Unger, Minard, Bailey, Sypolt and Edgell,
original sponsors)
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[Passed March 4, 2008; in effect from passage.]
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AN ACT 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
creating the Veterans Cemetery Fund for the construction and
operation of veterans' cemeteries; and authorizing the
appropriation of proceeds from the veterans instant lottery
scratch-off game to the fund.
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 excess revenues derived from the
veterans instant lottery scratch-off game as appropriated 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 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, 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
nursing home and/or veterans cemetery, shall be transferred to the
Veterans Nursing Home Building Fund and the Veterans Cemetery 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 skilled nursing facility or veterans cemetery,
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 and/or cemeteries for
veterans of the armed forces of the United States military:
Provided, That 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 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 Nursing Home Debt
Service Fund to which the required funding from the Veterans
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 Nursing Home Debt Service Fund has
first priority to all funds in the Veterans 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 Nursing Home Debt Service Fund from the Veterans 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 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 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.