H. B. 2993
(By Mr Speaker, Mr. Kiss and Delegates Butcher,
Michael, Beane, Varner and Kominar)
[Introduced
March 11, 2005
; 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 special fund; providing
that the State Fire Commission shall propose a legislative
rule; providing for expenditures from the Fund on the order of
the State Fire Commission for the recruitment and retention of
West Virginia volunteer firefighters; to provide recognition
of West Virginia volunteer firefighters; and to provide higher
education support in the form of payments for tuition, books
and school fees; and to provide that one half of the revenues
go to the municipal firefighter pension and relief funds.
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 the first day of September, two thousand five,
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
shall be 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 education
grant portion of the game proceeds 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 support in the form of payments for
tuition, books and school fees. 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 funds to cover the cost of
books, fees and tuition to attend any national or state
credentialed program within the State of West Virginia. For every
two years of service logged by a volunteer firefighter, the
firefighter may be eligible to receive an award, subject to the
availability of funds, equivalent to the costs for one semester of
tuition, books and fees at the educational institution, but in no
event shall such amount exceed two thousand five hundred dollars
per recipient per academic year, nor, may any firefighter receive
grants for more than three academic years under this program.
Applications for grants may be reviewed, and awards made, twice
biannually, but an individual recipient may only receive one award
per academic year. The legislative rules shall also require that
applicants must apply prior to the start of the academic term for
which the grant is sought and that applications will be considered
in order of their submission to the Commission. An applicant must
reapply for each term for which he or she seeks a grant for
tuition, books and school fees. The proposed rule shall also require that 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.
(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
support in the form of payments for tuition, books and school fees.
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, two thousand five. 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 to
include higher education support in the form of payments for
tuition, books and school fees and to provide that one half of the
revenues go to the municipal firefighter pension and relief funds
.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
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