H. B. 2668
(By Delegates Butcher, Eldridge, Stowers,
Barker, Argento and Moore)
[Introduced February 19, 2009; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §29-22-9b, relating
to establishing a lottery scratch-off game for the benefit of
West Virginia firefighters; creating a fund; and providing for
legislative rule and expenditures from 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 §29-22-9b, to read as
follows:
ARTICLE 22. STATE LOTTERY ACT.
§29-22-9b. Firefighters instant lottery scratch-off game.
(a) Beginning September 1, 2009, the commission shall
establish an instant lottery scratch-off game designated as the
West Virginia firefighters 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 the West
Virginia firefighters game lottery tickets, materials and games are
deposited with the State Treasurer into the West Virginia
Firefighters Game Lottery Fund created under subsection (d) of this
section. Funds from the West Virginia Firefighters Game Lottery
Fund shall be divided evenly between, and shall be used, as
follows: (1) As an incentive for the recruitment and retention of
West Virginia volunteer firefighters, to provide recognition of
West Virginia volunteer firefighters and to provide higher
education as provided herein; and (2) to enhance the municipal
firefighter pension and relief funds created pursuant to article
twenty-two, chapter eight of this code.
(c) The State Fire Commission shall oversee the tuition
reimbursement portion of the game and shall propose rules for
legislative approval in accordance with the provisions of article
three, chapter twenty-nine-a of this code for the incentive for the
recruitment and retention of West Virginia volunteer firefighters,
to provide recognition of West Virginia volunteer firefighters and
to provide higher education with respect to tuition. These
proposed rules shall provide that any West Virginia resident
volunteer firefighter and junior firefighter, as defined by the
State Fire Commission, who is an active member of a fire department
recognized by the State Fire Commission, may be eligible to receive tuition to attend any national or state credentialed program within
the State of West Virginia. These rules shall provide for one
semester of tuition for each two years of service provided by the
firefighter: Provided, That tuition may not exceed $2500 a
recipient: Provided, however, That a person may not receive
tuition for more than three semesters under this program. These
proposed rules shall also require that applicants must apply in
advance and that they will be placed upon a list. Applicants must
reapply for each semester he or she seeks tuition. The proposed
rule shall also require an applicant applying for his or her first
semester meet all requirements of the institution and that an
applicant applying for his or her second or third semester of
tuition assistance must show proof that he or she has a grade point
average of at least two on a scale of four. Applicants shall be
required to complete an application form verifying affiliation with
their volunteer fire department and have the application signed by
the chief of the department with the chief's signature notarized.
(d) There is hereby created in the State Treasury a special
revenue fund designated and known as the West Virginia Firefighters
Game Fund which shall consist of all revenues derived from the West
Virginia firefighters game and any appropriations to the fund by
the Legislature and all interest or other returns earned from
investment of the fund. The State Treasurer shall pay out one-half
the revenues on the order of the State Fire Commission for the incentive for the recruitment and retention of West Virginia
volunteer firefighters, to provide recognition of West Virginia
volunteer firefighters and to provide higher education with respect
to tuition. The State Treasurer shall distribute the other one
half of the revenues to the municipal firefighter pension and
relief funds created pursuant to article twenty-two, chapter eight
of this code each December, beginning with December, 2010. This
distribution shall be divided equally among each of the municipal
firefighter pension and relief funds in this state.
(e) The commission shall change the design or theme of the
West Virginia firefighters 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
firefighters in this state.
NOTE: The purpose of this bill is to establish a lottery
scratch-off game for the benefit of West Virginia firefighters for
tuition to attend institutions of higher education.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.