H. B. 3065
(By Delegates Swartzmiller and Stemple)
March 16, 2005
; referred to the
Committee on the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §29-22-9c, relating
to the lottery; providing for an instant scratch-off lottery
ticket game to benefit deputy sheriffs; creating a special
fund within the State Treasury for the deputy sheriffs'
lottery ticket proceeds; appropriating the deputy sheriffs'
lottery ticket proceeds for a specific purpose; requiring the
Lottery Commission to change the design of the ticket on a
regular basis; and requiring the State Consolidated Public
Retirement Board to annually report to the Joint Committee on
Government and Finance.
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 §29-22-9c, to read as
ARTICLE 22. STATE LOTTERY ACT.
§29-22-9c. Deputy Sheriffs instant lottery scratch-off game.
(a) Beginning the first day of September, two thousand five,
the Lottery Commission shall establish and offer an instant lottery
ticket scratch-off game designated as the deputy sheriffs' benefit
(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 deputy sheriffs'
benefit game lottery tickets, materials and games shall be
deposited with the State Treasurer in the deputy sheriffs' lottery
fund, created under this section.
(c) The State Consolidated Public Retirement Board is hereby
authorized to use the proceeds from the deputy sheriffs' lottery
fund as follows:
One hundred percent of the annual proceeds shall be disbursed,
as established by rule proposed for legislative approval in
accordance with the provisions of article three, chapter
twenty-nine-a of this code, by the State Consolidated Public
Retirement Board to the Deputy Sheriffs' Retirement System Pension
(d) Before appropriation of any of the net profits derived
from the deputy sheriffs' 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.
(e) There is hereby created in the State Treasury a special
revenue fund designated as the deputy sheriffs' lottery fund which
shall consist of all revenues derived from the deputy sheriffs'
benefit game, 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 deputy sheriffs' 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 the fund.
(f) The Lottery Commission shall change the design or theme of
the deputy sheriffs' benefit game regularly so that the game
remains competitive with the other instant lottery scratch-off
games offered by the Lottery 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
deputy sheriffs' in this state.
(g) The State Consolidated Public Retirement Board shall
annually report to the Joint Committee on Government and Finance on
how the proceeds from the deputy sheriffs' benefit game are being
used and disbursed.
Note: The purpose of this bill is to establish an instant
lottery game with the proceeds to be paid to the Deputy Sheriffs'
Retirement System Pension Fund.
This section is new; therefore, strike-throughs and
underscoring have been omitted.