H. B. 2782
(By Delegates Beane, Kuhn, Butcher, Long,
Martin Azinger and Border)
[Introduced January 30, 2003; referred to the
Committee on Government Organization then Finance.]
A BILL to amend article twenty-two, chapter twenty-nine of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
nine-b, relating to the lottery; providing for an instant
scratch-off lottery ticket game to benefit firefighters;
creating a special fund within the state treasury for the
firefighter lottery ticket proceeds; appropriating the
firefighter lottery ticket proceeds to specific purposes;
requiring the lottery commission to change the design of the
ticket on a regular basis; and requiring the state fire
commission to annually report to the joint committee on
government and finance.
Be it enacted by the Legislature of West Virginia:
That article twenty-two, chapter twenty-nine of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section nine-b, 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 three,
the lottery commission shall establish and offer an instant lottery
ticket scratch-off game designated as the firefighters benefit
game.
(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 firefighters
benefit game lottery tickets, materials and games shall be
deposited with the state treasurer in the firefighters lottery
fund, created under this section.
(c) The state fire commission is hereby authorized to use the
proceeds from the firefighters lottery fund as follows:
(1) One half 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 fire commission to the paid career firefighter
pension fund; and
(2) The other one half of the annual proceeds shall be used as
follows:
(A) To establish, by rule proposed for legislative approval in
accordance with the provisions of article three, chapter twenty-nine-a of this code, a free tuition program for volunteer
firefighters, which tuition program must include grade point
requirements;
(B) To establish, by rule proposed for legislative approval in
accordance with the provisions of article three, chapter
twenty-nine-a of this code, a free license plate program for
volunteer firefighters; and
(C) To establish, by rule proposed for legislative approval in
accordance with the provisions of article three, chapter
twenty-nine-a of this code, a free lodging at state parks program
for volunteer firefighters.
(d) Before appropriation of any of the net profits derived
from the firefighters 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 firefighters lottery fund which
shall consist of all revenues derived from the firefighters 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
firefighters 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
these funds.
(f) The lottery commission shall change the design or theme of
the firefighters 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
firefighters in this state.
(g) The state fire commission shall annually report to the
joint committee on government and finance on how the proceeds from
the firefighters 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 split evenly between paid and
volunteer firefighters.
This section is new; therefore, strike-throughs and
underscoring have been omitted.