H. B. 2496
(By Delegates Doyle and Manuel)
[Introduced January 22, 2003; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact section ten-a, article twenty-two-a,
chapter twenty-nine of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to the use of a
portion of the net terminal income from racetrack video
lotteries by county boards of education in the counties where
the racetracks are located for capital improvement projects.
Be it enacted by the Legislature of West Virginia:
That section ten-a, article twenty-two-a, 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 22A. RACETRACK VIDEO LOTTERY.
§29-22A-10a. Lottery commission income to be deposited in state
the any provisions of subdivision one (1),
subsection (c), section ten of this article, to the contrary, beginning on the first day of July, one thousand nine hundred
ninety-five and continuing thereafter, the net terminal income
received by the commission shall be paid into the state lottery
fund created by section eighteen, article twenty-two of this
chapter, to be appropriated by the Legislature: Provided, That
income deposited pursuant to this section shall not be subject to
the provisions of subsections subsection (b), (c), (d) or (e),
section eighteen, article twenty-two of this chapter.
(b) In the fiscal year beginning the first day of July, two
thousand three, and in each fiscal year thereafter:
(1) The commission shall continue to receive and deposit into
the state lottery fund the amount of net terminal income specified
by subdivision (1), subsection (c), section ten of this article
until the commission receives under the provisions of that
subdivision the total amount it received under the provisions of
that subdivision during the immediately preceding fiscal year.
(2) Of any amounts of net terminal income in excess of the
total amount described in subdivision (1) of this subsection, ten
percent shall, in lieu of being deposited into the state lottery
fund, be received by the boards of education of the counties in
which the racetracks are located in amounts proportioned according
to the proportions of contributions of gross terminal income made
by the racetracks to the commission.
(3) The funds received by the county boards of education shall be used only for capital improvement projects in those counties.
NOTE: The purpose of this bill is to allocate 10% of the
certain amounts of net terminal income sent to the lottery fund
from racetrack video lotteries for use by the county boards of
education of the counties in which the licensed racetracks are
located for purposes of capital improvement projects in those
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would