H. B. 2959
(By Delegates Trump, Harrison and Armstead)
[Introduced February 26, 1999; referred to the
Committee on Government Organization then Finance.]
A BILL to amend and reenact sections two and five, article four,
chapter five-a of the code of West Virginia, one thousand
nine hundred thirty-one, as amended; and to amend and
reenact section ten, article twenty-two-a, chapter
twenty-nine of said code, all relating to maintenance of
certain state owned property; creating the capitol dome and
capital improvements fund; eliminating the Morris Square
repair fund; and dedicating a portion of the net terminal
income from racetrack video lottery to be used to maintain
and make repairs to the capitol dome and other improvements
and repairs to state owned buildings.
Be it enacted by the Legislature of West Virginia:
That sections two and five, article four, chapter five-a of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted; and that section ten, article twenty-two-a, chapter twenty-nine of said code, be
amended and reenacted, all to read as follows:
CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.
ARTICLE 4. GENERAL SERVICES DIVISION.
§5A-4-2. Care, control and custody of capitol buildings and grounds; capitol dome and capital improvements fund.
The director shall be is charged with the full
responsibility for the care, control and custody of the capitol
buildings and in this connection he the director shall:
(1) Furnish janitorial services, such the services to be
provided by employees of the department of administration for the
main capitol building, including east and west wings, together
with all the departments therein in the capitol, or connected
therewith with the capitol, regardless of the budget or budgets,
departmental or otherwise, from which such the janitorial
services are paid, and shall furnish janitorial supplies, light,
heat and ventilation for all the rooms and corridors of the
buildings: Provided, That nothing herein shall be construed to
prohibit in this section prohibits contracts for janitorial
services with sheltered workshops. The president of the Senate
and speaker of the House of Delegates, or their respective
designees, shall have charge of the halls and committee rooms of
their respective houses and any other quarters at the state
capitol provided for the use of the Legislature or its staff, and shall keep the same properly cleaned, warmed and in good order,
and shall do and perform such other duties in relation thereto as
either house may require;
(2) Landscape and take care of the lawns and gardens;
(3) Direct the making of all minor repairs to and
alterations of the capitol buildings and governor's mansion and
the grounds of such the buildings and mansion. Major repairs and
alterations shall be made under the supervision of the director,
subject to the direction of the secretary.
The offices of the assistants and employees appointed to
perform these duties shall be located where designated by the
secretary, except that they shall may not be located in any of
the legislative chambers, offices, rooms or halls. Office hours
shall be so arranged so that emergency or telephone service shall
be is available at all times. The hours shall be so arranged so
that janitorial service shall does not interfere with other
employment during regular office hours.
(4) There is created in the department of administration a
special fund named the "Capitol Dome and Capital Improvements
Fund." All funds that are appropriated and funds received from
any other source to be used for maintenance of and repairs to the
capitol dome and other capital improvements and repairs in state
owned buildings shall be deposited into the fund. The fund shall
be used by the department of administration for maintenance of
and repairs to the capitol dome and other capital improvements and repairs to state owned buildings.
§5A-4-5. Regulation of parking on state-owned property in
Charleston; construction of parking garage for
general public; penalties; jurisdiction; parking
garage fund.
(a) It is the intent of the Legislature to provide a parking
facility for the general public and to direct the secretary of
the department of administration to plan and construct a parking
garage at the state capitol complex that will provide sufficient
and additional parking for the general public.
(b) The secretary may regulate the parking of motor vehicles
in accordance with the provisions of this section with regard to
the following state-owned property in the city of Charleston,
Kanawha County:
(1) The east side of Greenbrier street between Kanawha
boulevard and Washington street, east;
(2) The west side of California avenue between Kanawha
boulevard and Washington street, east;
(3) Upon the state-owned grounds upon which state office
building no. 3 number three is located;
(4) Upon the state-owned grounds which state office building
no. 4, 112 number four, one hundred twelve California avenue, is
located;
(5) In the state-owned parking garage at 212 two hundred twelve California avenue and upon the state-owned grounds upon
which such the parking garage is located;
(6) Upon the state-owned property at Michigan avenue and
Virginia terrace; and
(7) Upon any other property now or hereafter owned by the
state and used for parking purposes in conjunction with the state
capitol or state office buildings numbers three and four,
including the Laidley field complex: Provided, That the
secretary shall present to the joint committee on government and
finance for its suggestions, on or before the first day of July,
one thousand nine hundred ninety-eight, plans for the
construction of a state capitol parking garage to be constructed,
on property owned by the state or to be purchased by the state,
no later than the thirtieth day of June, one thousand nine
hundred ninety-nine. The submitted plans shall include proposals
for general public parking, including the estimated use and cost;
relocation of parking for official state vehicles; and state
employee parking, including the estimated use and cost.
(c) The secretary shall propose rules for promulgation
respecting parking and to allocate parking spaces to public
officers and employees of the state upon all of the property set
forth in subsection (a) of this section: Provided, That during
sessions of the Legislature, including regular, extended,
extraordinary and interim sessions, parking on the east side of Greenbrier street between Kanawha boulevard and Washington
street, east, in the science and culture center parking lot, on
the north side of Kanawha boulevard between Greenbrier street and
California avenue, and on the west side of California avenue
between Kanawha boulevard and Washington street, east, is subject
to rules promulgated jointly by the speaker of the House of
Delegates and the president of the Senate. Any person parking
any vehicle contrary to the rules promulgated under authority of
this subsection is subject to a fine of not less than one dollar
nor more than twenty-five dollars for each offense. In addition,
the secretary or the Legislature, as the case may be, may cause
the removal at owner expense of any vehicle that is parked in
violation of the rules. Magistrates in Kanawha County have
jurisdiction of all the offenses.
(d) The secretary may employ the persons as may be necessary
to enforce the parking rules promulgated under the provisions of
this section.
(e) There is created in the department of administration a
The special fund, to be within the department of administration,
named the "Parking Garage Fund," is continued. in which shall be
deposited All funds that are appropriated and funds from other
sources to be used for the construction and maintenance of a
parking garage on the state capitol complex shall be deposited
into the fund.
(f) There is created in the department of administration a special fund to be named the "Morris Square Repair Fund" in which
shall be deposited funds that are appropriated and funds from
other sources to be used for maintenance and repairs to the
Morris square properties.
(g) The secretary shall include within the planning for the
buildings to be constructed or remodeled pursuant to subsections
(e) and (f) of this section, the location of the land division of
the auditor's office. The secretary shall consult with the
auditor in planning the relocation of the land division of the
auditor's office.
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.
ARTICLE 22A. RACETRACK VIDEO LOTTERY.
§29-22A-10. Accounting and reporting; commission to provide
communications protocol data; distribution of net
terminal income; remittance through electronic
transfer of funds; establishment of accounts and
nonpayment penalties; commission control of
accounting for net terminal income; settlement of
accounts; manual reporting and payment may be
required; request for reports; examination of
accounts and records.
(a) The commission shall provide to manufacturers, or
applicants applying for a manufacturer's permit, the protocol
documentation data necessary to enable the respective manufacturer's video lottery terminals to communicate with the
commission's central computer for transmitting auditing program
information and for activation and disabling of video lottery
terminals.
(b) The gross terminal income of a licensed racetrack shall
be remitted to the commission through the electronic transfer of
funds. Licensed racetracks shall furnish to the commission all
information and bank authorizations required to facilitate the
timely transfer of moneys to the commission. Licensed racetracks
must shall provide the commission thirty days' advance notice of
any proposed account changes in order to assure the uninterrupted
electronic transfer of funds. From the gross terminal income
remitted by the licensee to the commission, the commission shall
deduct an amount sufficient to reimburse the commission for its
actual costs and expenses incurred in administering racetrack
video lottery at the licensed racetrack, and the resulting amount
after such the deduction shall be is the net terminal income.
The amount deducted for administrative costs and expenses of the
commission may not exceed four percent of gross terminal income.
(c) Net terminal income shall be divided as set out in this
subsection. The licensed racetrack's share shall be is in lieu
of all lottery agent commissions and is considered to cover all
costs and expenses required to be expended by the licensed
racetrack in connection with video lottery operations. The
division shall be made as follows:
(1) The commission shall receive thirty percent of net
terminal income, which shall be paid into the general revenue
fund of the state to be appropriated by the Legislature;
(2) Fourteen percent of net terminal income at a licensed
racetrack shall be deposited in the special fund established by
the licensee, and used for payment of regular purses in addition
to other amounts provided for in article twenty-three, chapter
nineteen of this code;
(3) The county where the video lottery terminals are located
shall receive two percent of the net terminal income;
(4) One half of one percent of net terminal income shall be
paid for and on behalf of all employees of the licensed racing
association by making a deposit into a special fund to be
established by the racing commission to be used for payment into
the pension plan for all employees of the licensed racing
association;
(5) The West Virginia thoroughbred development fund created
under section thirteen-b, article twenty-three, chapter nineteen
of this code and the West Virginia greyhound breeding development
fund created under section ten, article twenty-three, chapter
nineteen of this code shall receive an equal share of a total of
not less than one and one-half percent of the net terminal
income: Provided, That for any racetrack which does not have a
breeder's program supported by the thoroughbred development fund or the greyhound breeding development fund, the one and one-half
percent provided for in this subdivision shall be deposited in
the special fund established by the licensee and used for payment
of regular purses, in addition to other amounts provided for in
subdivision (2) of this subsection and article twenty-three,
chapter nineteen of this code;
(6) The West Virginia thoroughbred breeders classic shall
receive one percent of the net terminal income which shall be
used for purses. The moneys shall be deposited in the separate
account established for the classic under section thirteen,
article twenty-three, chapter nineteen of this code;
(7) A licensee shall receive forty-seven percent of net
terminal income;
(8) The tourism promotion fund established in section nine,
article one, chapter five-b of this code shall receive three
percent of the net terminal income; and
(9) The veterans memorial program shall receive one percent
of the net terminal income until sufficient moneys have been
received to complete the veterans memorial on the grounds of the
state capitol complex in Charleston, West Virginia. The moneys
shall be deposited in the state treasury in the division of
culture and history special fund created under section three,
article one-i, chapter twenty-nine of this code: Provided, That
only after sufficient moneys have been deposited in the fund to complete the veterans memorial and to pay in full the annual
bonded indebtedness on the veterans memorial, not more than
twenty thousand dollars of the one percent of net terminal income
provided for in this subdivision shall be deposited into a
special revenue fund in the state treasury, to be known as the
"John F. 'Jack' Bennett Fund". The moneys in this fund shall be
expended by the division of veterans affairs to provide for the
placement of markers for the graves of veterans in perpetual
cemeteries in this state. The division of veterans affairs shall
promulgate propose rules for legislative rules approval pursuant
to the provisions of article three, chapter twenty-nine-a of this
code specifying the manner in which the funds are spent,
determine the ability of the surviving spouse to pay for the
placement of the marker, and setting forth the standards to be
used to determine the priority in which the veterans grave
markers will be placed in the event that there are not sufficient
funds to complete the placement of veterans grave markers in any
one year, or at all. Upon payment in full of the bonded
indebtedness on the veteran's memorial, one hundred thousand
dollars of the one percent of net terminal income provided for in
this subdivision shall be deposited in the special fund in the
division of culture and history created under section three,
article one-i, chapter twenty-nine of this code and be expended
by the division of culture and history to establish a West
Virginia veterans memorial archives within the cultural center to serve as a repository for the documents and records pertaining to
the veterans memorial, to restore and maintain the monuments and
memorial on the capitol grounds, and not more than twenty
thousand dollars be deposited in the "John F. 'Jack' Bennett
Fund": Provided, however, That five hundred thousand dollars of
the one percent of net terminal income shall be deposited in the
state treasury in a special fund of the department of
administration, created under section five, article four, chapter
five-a of this code to be used for construction and maintenance
of a parking garage on the state capitol complex: Provided
further, That the remainder of the one percent of net terminal
income shall be deposited in a special fund of the department of
administration created under section five, article four, chapter
five-a of this code to be used to maintain and make repairs to
the Morris square properties capitol dome and other improvements
and repairs to state owned buildings.
(d) Each licensed racetrack shall maintain in its account an
amount equal to or greater than the gross terminal income from
its operation of video lottery machines, to be electronically
transferred by the commission on dates established by the
commission. Upon a licensed racetrack's failure to maintain this
balance, the commission may disable all of a licensed racetrack's
video lottery terminals until full payment of all amounts due is
made. Interest shall accrue on any unpaid balance at a rate consistent with the amount charged for state income tax
delinquency under chapter eleven of this code, which interest
shall begin to accrue on the date payment is due to the
commission.
(e) The commission's central control computer shall keep
accurate records of all income generated by each video lottery
terminal. The commission shall prepare and mail to the licensed
racetrack a statement reflecting the gross terminal income
generated by the licensee's video lottery terminals. Each
licensed racetrack must shall report to the commission any
discrepancies between the commission's statement and each
terminal's mechanical and electronic meter readings. The
licensed racetrack is solely responsible for resolving income
discrepancies between actual money collected and the amount shown
on the accounting meters or on the commission's billing
statement.
(f) Until an accounting discrepancy is resolved in favor of
the licensed racetrack, the commission may make no credit
adjustments. For any video lottery terminal reflecting a
discrepancy, the licensed racetrack shall submit to the
commission the maintenance log which includes current mechanical
meter readings and the audit ticket which contains electronic
meter readings generated by the terminal's software. If the
meter readings and the commission's records cannot be reconciled,
final disposition of the matter shall be determined by the commission. Any accounting discrepancies which cannot be
otherwise resolved shall be resolved in favor of the commission.
(g) Licensed racetracks shall remit payment by mail if the
electronic transfer of funds is not operational or the commission
notifies licensed racetracks that remittance by this method is
required. The licensed racetracks shall report an amount equal
to the total amount of cash inserted into each video lottery
terminal operated by a licensee, minus the total value of game
credits which are cleared from the video lottery terminal in
exchange for winning redemption tickets, and remit such the
amount as generated from its terminals during the reporting
period. The remittance shall be sealed in a properly addressed
and stamped envelope and deposited in the United States mail no
later than noon on the day when the payment would otherwise be
completed through electronic funds transfer.
(h) Licensed racetracks may, upon request, receive
additional reports of play transactions for their respective
video lottery terminals and other marketing information not
considered confidential by the commission. The commission may
charge a reasonable fee for the cost of producing and mailing any
report other than the billing statements.
(i) The commission has the right to examine all accounts,
bank accounts, financial statements and records in a licensed
racetrack's possession, under its control or in which it has an
interest and the licensed racetrack must shall authorize all third parties in possession or in control of the accounts or
records to allow examination of any of those accounts or records
by the commission.
NOTE: The purpose of this bill is to create a special fund
to be used to repair and maintain the Capitol dome and other
improvements at the Capitol Complex, in Charleston.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.