COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 17
(By Senators Plymale, Bowman and White)
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[Originating in the Committee on the Judiciary;
reported March 25, 2009.]
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A BILL to amend and reenact §29-22A-10 and §29-22A-10b of the Code
of West Virginia, 1931, as amended, all relating to the net
terminal income allocated to the Development Office Promotion
Fund and the Cultural Facilities and Capitol Resources
Matching Grant Program Fund; and technical amendments.
Be it enacted by the Legislature of West Virginia:
That §29-22A-10 and §29-22A-10b of the Code of West Virginia,
1931, as amended, be amended and reenacted, all to read as follows:
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 provide the commission 30 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 the deduction 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:
Provided, That any amounts deducted by the
commission for its actual costs and expenses that exceeds its
actual costs and expenses shall be deposited into the State Lottery Fund. For the fiscal years ending on June, 30, 2006, 2007, 2008,
2009, 2010 and 2011, the term "actual costs and expenses" shall
include transfers of no more than $20 million in any year to the
Revenue Center Construction Fund created by subsection (l), section
eighteen, article twenty-two of this chapter for the purpose of
constructing a state office building. For all fiscal years
beginning on or after July 1, 2001, the commission shall not
receive an amount of gross terminal income in excess of the amount
of gross terminal income received during the fiscal year ending on
June 30, 2001, but four percent of any amount of gross terminal
income received in excess of the amount of gross terminal income
received during the fiscal year ending on June 30, 2001, shall be
deposited into the fund established in section eighteen-a, article
twenty-two of this chapter.
(c) Net terminal income shall be divided as set out in this
subsection. For all fiscal years beginning on or after July 1,
2001, any amount of net terminal income received in excess of the
amount of net terminal income received during the fiscal year
ending on June 30, 2001, shall be divided as set out in section
ten-b of this article. The licensed racetrack's share 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 30% of net terminal income,
which shall be paid into the State Lottery Fund as provided in section ten-a of this article;
(2) Until the
first day of July, two thousand five July 1,
2005, 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; on and after
the first day of July, two
thousand five July 1, 2005, the rate shall be seven percent of net
terminal income;
(3) The county where the video lottery terminals are located
shall receive two percent of the net terminal income:
Provided,
That:
(A) Beginning July 1, 1999, and thereafter, any amount in
excess of the two percent received during the fiscal year 1999 by
a county in which a racetrack is located that has participated in
the West Virginia Thoroughbred Development Fund since on or before
January 1, 1999 shall be divided as follows:
(i) The county shall receive 50% of the excess amount; and
(ii) The municipalities of the county shall receive 50% of the
excess amount, said 50% to be divided among the municipalities on
a per capita basis as determined by the most recent decennial
United States census of population; and
(B) Beginning July 1, 1999, and thereafter, any amount in
excess of the two percent received during the fiscal year 1999 by
a county in which a racetrack other than a racetrack described in
paragraph (A) of this proviso is located and where the racetrack has been located in a municipality within the county since on or
before January 1, 1999 shall be divided, if applicable, as follows:
(i) The county shall receive 50% of the excess amount; and
(ii) The municipality shall receive 50% of the excess amount;
and
(C) This proviso shall not affect the amount to be received
under this subdivision by any other county other than a county
described in paragraph (A) or (B) of this proviso;
(4) 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 of said article shall receive an equal
share of a total of not less than one and one-half percent of the
net terminal income;
(6) The West Virginia Racing Commission shall receive one
percent of the net terminal income which shall be deposited and
used as provided in section thirteen-c, article twenty-three,
chapter nineteen of this code.
(7) A licensee shall receive 46.5% of net terminal income.
(8)(A) The tourism promotion fund established in section
twelve, article two, chapter five-b of this code shall receive three percent of the net terminal income:
Provided, That for the
fiscal year beginning
the first day of July, two thousand three
July 1, 2003, the tourism commission shall transfer from the
tourism promotion fund
five million dollars $5 million of the three
percent of the net terminal income described in this section and
section ten-b of this article into the fund administered by the
West Virginia economic development authority pursuant to section
seven, article fifteen, chapter thirty-one of this code,
five
million dollars $5 million into the capitol renovation and
improvement fund administered by the Department of Administration
pursuant to section six, article four, chapter five-a of this code
and
five million dollars $5 million into the tax reduction and
federal funding increased compliance fund; and
(B) Notwithstanding any provision of paragraph (A) of this
subdivision to the contrary, for each fiscal year beginning after
the thirtieth day of June, two thousand four June 30, 2004, this
Three percent of net terminal income and the three percent of net
terminal income described in paragraph (B), subdivision (8),
subsection (a), section ten-b of this article shall be distributed
as provided in this paragraph as follows:
(i) 1.375% of the total amount of net terminal income
described in this section and in section ten-b of this article
shall be deposited into the Tourism Promotion Fund created under
section twelve, article two, chapter five-b of this code;
(ii) 0.375% of the total amount of net terminal income
described in this section and in section ten-b of this article shall be deposited
in equal amounts into the Development Office
Promotion Fund created under section three-b, article two, chapter
five-b of this code
and the Cultural Facilities and Capitol
Resources Matching Grant Program Fund created under section three,
article one, chapter twenty-nine of this code;
(iii) 0.5% of the total amount of net terminal income
described in this section and in section ten-b of this article
shall be deposited into the Research Challenge Fund created under
section
ten twelve, article one-b, chapter eighteen-b of this code;
(iv) 0.6875% of the total amount of net terminal income
described in this section and in section ten-b of this article
shall be deposited into the Capitol Renovation and Improvement Fund
administered by the Department of Administration pursuant to
section six, article four, chapter five-a of this code; and
(v) 0.0625% of the total amount of net terminal income
described in this section and in section ten-b of this article
shall be deposited into the 2004 capitol complex parking garage
fund administered by the Department of Administration pursuant to
section five-a, article four, chapter five-a of this code;
(9)(A) On and after
the first day of July, two thousand five
July 1, 2005, seven percent of net terminal income shall be
deposited into the Workers' Compensation Debt Reduction Fund
created in section five, article two-d, chapter twenty-three of
this code:
Provided, That in any fiscal year when the amount of
money generated by this subdivision totals $11,000,000.00, all
subsequent distributions under this subdivision shall be deposited in the special fund established by the licensee and used for the
payment of regular purses in addition to the other amounts provided
for in article twenty-three, chapter nineteen of this code;
(B) The deposit of the seven percent of net terminal income
into the Worker's Compensation Debt Reduction Fund pursuant to this
subdivision shall expire and not be imposed with respect to these
funds and shall be deposited in the special fund established by the
licensee and used for payment of regular purses in addition to the
other amounts provided for in article twenty-three, chapter
nineteen of this code, on and after the first day of the month
following the month in which the Governor certifies to the
Legislature that: (i) The revenue bonds issued pursuant to article
two-d, chapter twenty-three of this code, have been retired or
payment of the debt service provided for; and (ii) that an
independent certified actuary has determined that the unfunded
liability of the old fund, as defined in chapter twenty-three of
this code, has been paid or provided for in its entirety; and
(10) The remaining one percent of net terminal income shall be
deposited as follows:
(A) For the fiscal year beginning
the first day of July, two
thousand three July 1, 2003, 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 $20,000.00 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 legislative rules 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 veterans memorial,
one hundred thousand
dollars $100,000.00 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:
Provided, however, That
five
hundred thousand dollars $500,000.00 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; and the remainder of the one percent of net
terminal income shall be deposited in equal amounts in the capitol
dome and improvements fund created under section two, article four,
chapter five-a of this code and cultural facilities and capitol
resources matching grant program fund created under section three,
article one of this chapter.
(B) For each fiscal year beginning after
the thirtieth day of
June, two thousand four June 30, 2004:
(i) $500,000.00 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; and
(ii) The remainder of the one percent of net terminal income
and all of the one percent of net terminal income described in
paragraph (B), subdivision (9), subsection (a), section ten-b of
this article twenty-two-a shall be distributed as follows: The net
terminal income shall be deposited in equal amounts into the Capitol Dome and Capitol Improvements Fund created under section
two, article four, chapter five-a of this code and the Cultural
Facilities and Capitol Resources Matching Grant Program Fund
created under section three, article one, chapter twenty-nine of
this code until a total of $1,500,000.00 is deposited into the
Cultural Facilities and Capitol Resources Matching Grant Program
Fund; thereafter, the remainder shall be deposited into the Capitol
Dome and Capitol Improvements Fund.
(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. The 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 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 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 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.
§29-22A-10b. Distribution of excess net terminal income.
(a) For all years beginning on or after July 1, 2001, any
amount of net terminal income generated annually by a licensed
racetrack in excess of the amount of net terminal income generated
by that licensed racetrack during the fiscal year ending on June
30, 2001, shall be divided as follows:
(1) The commission shall receive 41% of net terminal income,
which the commission shall deposit in the State Excess Lottery
Revenue Fund created in section eighteen-a, article twenty-two of
this chapter;
(2)
Until the first day of July, two thousand five, eight percent Four 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 in article twenty-three, chapter nineteen of this code;
on
and after the first day of July, two thousand five, the rate shall
be four percent of net terminal income
(3) The county where the video lottery terminals are located
shall receive two percent of the net terminal income:
Provided,
That:
(A) Any amount by which the total amount under this section
and subdivision (3), subsection (c), section ten of this article is
in excess of the two percent received during fiscal year 1999 by a
county in which a racetrack is located that has participated in the
West Virginia Thoroughbred Development Fund since on or before
January 1, 1999, shall be divided as follows:
(i) The county shall receive 50% of the excess amount; and
(ii) The municipalities of the county shall receive 50% of the
excess amount, the 50% to be divided among the municipalities on a
per capita basis as determined by the most recent decennial United
States census of population; and
(B) Any amount by which the total amount under this section
and subdivision (3), subsection (c), section ten of this article is
in excess of the two percent received during fiscal year one 1999
by a county in which a racetrack other than a racetrack described
in paragraph (A) of this proviso is located and where the racetrack
has been located in a municipality within the county since on or before January 1, 1999, shall be divided, if applicable, as
follows:
(i) The county shall receive 50% of the excess amount; and
(ii) The municipality shall receive 50% of the excess amount;
and
(C) This proviso shall not affect the amount to be received
under this subdivision by any county other than a county described
in paragraph (A) or (B) of this proviso;
(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 of said article shall receive an equal
share of a total of not less than one and one-half percent of the
net terminal income.
(6) The West Virginia Racing Commission shall receive one
percent of the net terminal income which shall be deposited and
used as provided in section thirteen-c, article twenty-three,
chapter nineteen of this code;
(7) A licensee shall receive 42% of net terminal income;
(8)
The tourism promotion fund established in section twelve, article two, chapter five-b of this code shall receive three
percent of the net terminal income: Provided, That for each fiscal
year beginning after the thirtieth day of June, two thousand four,
this Three percent of net terminal income shall be distributed
pursuant to the provisions of
paragraph (B), subdivision (8),
subsection (c), section ten of this article;
(9) (A)
On and after the first day of July, two thousand five,
Four percent of net terminal income shall be deposited into the
Workers' Compensation Debt Reduction Fund created in section five,
article two-d, chapter twenty-three of this code:
Provided, That
in any fiscal year when the amount of money generated by this
subdivision together with the total allocation transferred by the
operation of subdivision (9), subsection (c), section ten of this
article totals $11,000,000.00, all subsequent distributions under
this subdivision (9) during that fiscal year shall be deposited in
the special fund established by the licensee and used for payment
of regular purses in addition to other amounts provided in article
twenty-three, chapter nineteen of this code;
(B) The deposit of the four percent of net terminal income
into the Worker's Compensation Debt Reduction Fund pursuant to this
subdivision shall expire and not be imposed with respect to these
funds, which shall be deposited in the special fund established by
the licensee and used for payment of regular purses in addition to
the other amounts provided in article twenty-three, chapter
nineteen of this code on and after
the first day
one of the month
following the month in which the Governor certifies to the Legislature that: (i) The revenue bonds issued pursuant to article
two-d, chapter twenty-three of this code have been retired or
payment of the debt service is provided for; and (ii) that an
independent certified actuary has determined that the unfunded
liability of the Old Fund, as defined in chapter twenty-three of
this code, has been paid or provided in its entirety; and
(10)
(A) One percent of the net terminal income shall be
deposited in equal amounts in the capitol dome and improvements
fund created under section two, article four, chapter five-a of
this code and cultural facilities and capitol resources matching
grant program fund created under section three, article one of this
chapter; and
(B) Notwithstanding any provision of paragraph (A) of this
subdivision to the contrary, for each fiscal year beginning after
the thirtieth day of June, two thousand four, this One percent of
the net terminal income shall be distributed pursuant to the
provisions of
subparagraph (ii), paragraph (B), subdivision
(9)
(10), subsection (c), section ten of this article.
(b) The commission may establish orderly and effective
procedures for the collection and distribution of funds under this
section in accordance with the provisions of this section and
section ten of this article.
NOTE: The purpose of this bill is to increase the amount of
net terminal income allocated to the Cultural Facilities and
Capitol Resources Matching Grant Program Fund.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.