H. B. 2450
(By Delegate Givens, Flanigan, Manchin, Kuhn, Tucker, R. M.
Thompson and Azinger)
[Introduced February 22, 2001; referred to the
Committee on Veterans' Affairs then Finance.]
A BILL to amend and reenact section nine-a, article twenty-two,
chapter twenty-nine of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to removing the
cap on proceeds from the veterans instant lottery scratch-off
game.
Be it enacted by the Legislature of West Virginia:
That section nine-a, article twenty-two, chapter twenty-nine
of the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
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 shall be offered by
the lottery. The lottery shall offer the veterans benefit game
until the amount of money in the veterans lottery fund created
under this section reaches six million dollars.
(b) Notwithstanding the provisions of section eighteen of this
article, and subject to the provisions of subsection (d) of this
section, all net profits received from the sale of veterans benefit
game lottery tickets, materials and games shall be deposited with
the state treasurer into the veterans lottery fund created under
this section, and the Legislature may make appropriations from this
fund for the construction of skilled nursing beds for veterans of
the armed forces of the United States military.
(c) Before appropriation of any of the net profits derived
from the veterans 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.
(d) 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, 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 veterans 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 all
such funds.
(e) 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.
(f) The health care authority created under section five,
article twenty-nine-b, chapter sixteen of this code, shall conduct
a survey to determine the need for skilled nursing beds for
veterans in this state. The survey shall determine the number of
veterans in existing nursing homes in this state; the number of
nursing homes collecting reimbursement from the veterans
administration; where the veterans are located within this state;
the number of skilled nursing beds that currently exist in the
areas in which the veterans are located; and any other information
necessary to determine the need for skilled nursing beds for
veterans in this state. The authority shall also determine the
manner in which federal reimbursement may be maximized for these
skilled nursing beds: Provided, That the authority, when
determining the best method of maximizing reimbursement, shall
consider the requirement that veterans pay a fee for residing in
the nursing homes through a sliding fee scale based upon ability to
pay. The authority shall also determine the benefits of locating
the skilled nursing beds adjacent to existing veterans
administration medical facilities as a means of minimizing the cost
of construction and to avoid duplication of services. The
authority shall report its findings to the joint committee on
government and finance by the first day of November, two thousand.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.