SB434 HFA Nelson E and Boggs 3-13 #1                                                                                McO

             Delegates Nelson E. and Boggs move to amend the bill on page two, following the enacting section, by inserting the following:

“CHAPTER 19. AGRICULTURE.”;

            On page twenty-three, following line seven, by inserting the following:

“CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.

ARTICLE 22A. RACETRACK VIDEO LOTTERY.

§29-22A-10g. Distributions to various funds during fiscal year 2016. 

            (a) Notwithstanding any provision of section ten or ten-d of this article to the contrary, during the fiscal year beginning July 1, 2015, the commission shall not make a deposit of such amounts as are available under subdivision (1), subsection (b), section ten of this article into a separate facility modernization account maintained within the Licensed Racetrack Modernization Fund for each racetrack as prescribed by subdivision (2), subsection (b), section ten of this article. In lieu thereof, the commission shall deposit the amounts otherwise made available by those calculations as follows:

            (1) Up to $6 million shall be deposited into the state road fund of the state to be expended for maintenance, contract paving, and secondary road maintenance purposes;

            (2) Up to $1 million shall be deposited into the Department of Human Services Medical Services Fund established pursuant to section two, article four, chapter nine of this code to be expended for the state's Title XIX Aged and Disabled Waiver program;

            (3) Up to $1 million shall be deposited into the West Virginia Department of Health and Human Resources Division of Health General Administrative Fund established pursuant to subsection (b) of this section to be expended for Health Right Free Clinics; and

            (4) Up to $1 million shall be deposited into the West Virginia Department of Health and Human Resources Division of Health General Administrative Fund established pursuant to subsection (b) of this section to be expended by the Secretary of Health and Human Resources after consultation with, and pursuant to the guidance provided by, the Governor’s Advisory Council on Substance Abuse created by Executive Order No. 5-11 on September 6, 2011, for the purposes of implementing the approved Statewide Substance Abuse Strategic Action Plan for the improvement of the statewide substance abuse continuum of care, or for other purposes as may be recommended by the Advisory Council pursuant to the duties imposed by said Executive Order.

            (b) The West Virginia Department of Health and Human Resources Division of Health General Administrative Fund is hereby established in the State Treasury. The fund shall be administered by the Secretary of the West Virginia Department of Health and Human Resources and shall consist of all moneys made available for the administration of programs or other activities of the Department as established by law or as directed by the Legislature from any source, including, but not limited to, all gifts, grants, bequests, deposits or transfers from any source, any moneys that may be transferred, designated or appropriated to the fund by the Legislature, and all interest or other return earned from investment of the fund. Expenditures from the fund are not authorized from collections but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of article three, chapter twelve of this code and upon the fulfillment of the provisions set forth in article two, chapter eleven-b of this code. Any balance, including accrued interest and other returns, remaining in the fund at the end of each fiscal year shall not revert to the General Revenue Fund but shall remain in the fund and be expended as provided by this subsection.”;

            And,

            on page two, by striking out the enacting section and inserting in lieu thereof the following:

            "That §19-23-12b and §19-23-13b of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be further amended by adding thereto a new section, designated §29-22A-10g, all to read as follows:".

ADOPTED

REJECTED