Bill Text: WV HB105 | 2016 | 1st Special Session | Comm Sub
Bill Title: Ending transfers to the Licensed Racetrack Modernization Fund, closing the Licensed Racetrack Modernization Fund and the Historic Resort Hotel Modernization Fund, and transferring remaining funds to the General Revenue Fund
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2016-05-27 - To Finance [HB105 Detail]
Download: West_Virginia-2016-HB105-Comm_Sub.html
WEST virginia legislature
2016 regular session
Committee Substitute
for
House Bill 105
By Delegate Lane
ORIGINATING IN THE COMMITTEE ON FINANCE
MAY 20, 2016
A BILL to amend and reenact §29-22A-10 of the Code of West Virginia, 1931, as amended; and to amend and reenact §29-25-22 and §29-25-22b of said code, all relating to ending transfers to the Licensed Racetrack Modernization Fund; transferring funds remaining in the Licensed Racetrack Modernization Fund and the Historic Resort Hotel Modernization Fund to the Revenue Shortfall Reserve Fund of the state during the fiscal year ending June 30, 2016; providing exceptions for recoupment of certain expenditures for eligible facility modernization improvements from the Licensed Racetrack Modernization Fund; closing the Licensed Racetrack Modernization Fund and the Historic Resort Hotel Modernization Fund; and preserving operative effect of certain provisions.
Be it enacted by the Legislature of West Virginia:
That §29-22A-10 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §29-25-22 and §29-25-22b of said code 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 thirty 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:
(1) 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 June 30, 2011, through June 30, 2020
2015, the term “actual costs and expenses” may include transfers of up
to $10 million in surplus allocations for each fiscal year, as calculated by
the commission when the commission has closed its books for the fiscal year to
the Licensed Racetrack Modernization Fund created by subdivision (2),
subsection (b), of this section. 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;
and
(2) A Licensed Racetrack
Modernization Fund is created within the Lottery Fund. For all fiscal years
beginning on or after July 1, 2011, and ending with the fiscal year beginning
July 1, 2020 2015, the commission shall deposit such amounts as
are available according to subdivision (1), subsection (b) of this section into
a separate facility modernization account maintained within the Licensed
Racetrack Modernization Fund for each racetrack. Each racetrack’s share of
each year’s deposit shall be calculated in the same ratio as each racetrack’s
apportioned contribution to the four percent administrative costs and expenses
allowance provided for in subdivision (1), subsection (b) of this section for
that year. For each $2 expended by a licensed racetrack for facility
modernization improvements at the racetrack, having a useful life of three or
more years and placed in service after July 1, 2011, the licensed racetrack
shall receive $1 in recoupment from its facility modernization account. If the
licensed racetrack’s facility modernization account contains a balance in any
fiscal year, the unexpended balance from that fiscal year will be available for
matching for one additional fiscal year, after which time, the remaining unused
balance carried forward shall revert to the Lottery Fund. For purposes of this
section, the term “facility modernization improvements” includes acquisitions
of new and unused video lottery terminals and related equipment. Video lottery
terminals financed through the recoupment provided in this subdivision must be
retained by the licensee in its West Virginia licensed location for a period of
not less than five years from the date of initial installation;
(3) Except as provided in subdivision (4) of this subsection, notwithstanding any other provision of this code to the contrary, on the effective date of the amendment and reenactment of this section during the first extraordinary session of the Legislature in 2016, all unexpended moneys remaining in the Licensed Racetrack Modernization Fund created by subdivision (2), subsection (b) of this section shall be transferred to the Revenue Shortfall Reserve Fund of the state established in section twenty, article two, chapter eleven-b of this code, and the Licensed Racetrack Modernization Fund shall be closed;
(4) Notwithstanding any provision of subdivision (2), subsection (b) of this section to the contrary, on the effective date of the amendment and reenactment of this section during the first extraordinary session of the Legislature in 2016 and thereafter, no moneys shall be available to any licensed racetrack for recoupment of that racetrack’s expenditures for facility modernization improvements, regardless of when such expenditures took place or whether unexpended balances remain in the Licensed Racetrack Modernization Fund, except a racetrack shall receive a recoupment in accordance with subdivision (2) of this subsection for its expenditures for eligible facility modernization improvements incurred prior to July 1, 2016; and
(5) Notwithstanding any provisions of section ten-d of this article to the contrary, on the effective date of the amendment and reenactment of this section during the first extraordinary session of the Legislature in 2016 and thereafter, the commission shall not transfer any moneys from any source for any purposes to the Licensed Racetrack Modernization Fund.
(c) The amount resulting after the deductions required by subsection (b) of this section constitutes net terminal income that 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 thirty percent of net terminal income, which shall be paid into the state Lottery Fund as provided in section ten-a of this article;
(2) Until 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 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 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 fifty percent of the excess amount; and
(ii) The municipalities of the county shall receive fifty percent of the excess amount, said fifty percent 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 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 fifty percent of the excess amount; and
(ii) The municipality shall receive fifty percent of the excess amount; and
(C) This proviso shall not affect the amount to be received under this subdivision by any other county other that 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 of one 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 forty-six and one-half percent 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 July 1, 2003, the Tourism Commission shall transfer from the Tourism Promotion Fund $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, $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 $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 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 percent 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 percent 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 Development Office Promotion Fund created under section three-b, article two, chapter five-b of this code;
(iii) 0.5 percent 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, article one-b, chapter eighteen-b of this code;
(iv) 0.6875 percent 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 percent 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 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 million, 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 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 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 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 $20,000 of the one percent of net terminal income provided 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, $100,000 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 $500,000 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 June 30, 2004:
(i) Five hundred thousand dollars 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 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 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.
(j) The operative effect of the provisions section ten-d of this article on this section shall continue in full force and effect except to the extent that the changes made to this section by the amendments enacted during the first extraordinary session of the Legislature in 2016 expressly supersede those provisions.
ARTICLE 25. AUTHORIZED GAMING FACILITY.
§29-25-22. Historic Resort Hotel Fund; allocation of adjusted gross receipts; disposition of license fees.
(a) There is hereby created a special fund in the State Treasury which shall be designated and known as the Historic Resort Hotel Fund. Thirty-six percent of the gross terminal income received by the commission under section twenty of this article and thirty percent of the adjusted gross receipts received by the commission under section twenty-one of this article shall be deposited with the State Treasurer and placed in the Historic Resort Hotel Fund. The fund shall be an interest-bearing account with interest to be credited to and deposited in the Historic Resort Hotel Fund.
(b) All expenses of the commission shall be paid from the Historic Resort Hotel Fund, including reimbursement of the State Police for activities performed at the request of the commission in connection with background investigations or enforcement activities pursuant to this article. At no time may the commission’s expenses under this article exceed fifteen percent of the total of the annual revenue received from the licensee under this article, including all license fees, taxes or other amounts required to be deposited in the Historic Resort Hotel Fund.
(c) A Historic Resort Hotel Modernization Fund is hereby created within the Historic Resort Hotel Fund. For all fiscal years beginning on or after July 1, 2011, and ending with the fiscal year beginning July 1, 2015, the commission shall deduct two and one-half percent from gross terminal income received by the commission under section twenty of this article for the fiscal year and deposit these amounts into a separate facility modernization account maintained within the Historic Resort Hotel Modernization Fund for each historic resort hotel. For each dollar expended by a historic resort hotel for video lottery or table gaming facility modernization improvements at the historic resort hotel, having a useful life of three or more years and placed in service after April 1, 2011, the historic resort hotel shall receive $1 in recoupment from its facility modernization account. For purposes of this section, the term “video lottery or table gaming facility modernization improvements” include acquisition of computer hardware and software, communications and Internet access equipment, security and surveillance equipment, video lottery terminals and other electronic equipment or other equipment designed to modernize the facility.
(d) Notwithstanding any other provision of this code to the contrary, on the effective date of the amendment and reenactment of this section during the first extraordinary session of the Legislature in 2016, all unexpended moneys remaining in the Historic Resort Hotel Modernization Fund created by subsection (c) of this section shall be transferred to the Revenue Shortfall Reserve Fund of the state established in section twenty, article two, chapter eleven-b of this code, and the Historic Resort Hotel Modernization Fund shall be closed.
(e) Notwithstanding any provision of subsection (c) of this section to the contrary, on the effective date of the amendment and reenactment of this section during the first extraordinary session of the Legislature in 2016 and thereafter, no moneys shall be available to any historic resort hotel for recoupment of that historic resort hotel’s expenditures for video lottery or table gaming facility modernization improvements, regardless of when such expenditures took place or whether unexpended balances remain in the Historic Resort Hotel Modernization Fund.
(d) (f) The balance of the Historic Resort Hotel
Fund shall become net income and shall be divided as follows:
(1) Sixty-four percent of the Historic Resort Hotel Fund net income shall be paid into the General Revenue Fund to be appropriated by the Legislature;
(2) Nineteen percent of the Historic Resort Hotel Fund net income shall be paid into the State Debt Reduction Fund established in section twenty-seven, article twenty-two-c of this chapter to be appropriated by the Legislature;
(3) The Tourism Promotion Fund established in section twelve, article two, chapter five-b of this code shall receive three percent of the Historic Resort Hotel Fund net income;
(4) The county where the gaming facility is located shall receive four percent of the Historic Resort Hotel Fund net income;
(5) The municipality where the gaming facility is located or the municipality closest to the gaming facility by paved road access as of the effective date of the reenactment of this section by the 2009 regular session of the Legislature shall receive two and one-half percent of the Historic Resort Hotel Fund net income;
(6) The municipalities within the county where the gaming facility is located, except for the municipality receiving funds under subdivision (5) of this subsection, shall receive equal shares of two and one-half percent of the Historic Resort Hotel Fund net income;
(7) Each county commission in the state that is not eligible to receive a distribution under subdivision (4) of this subsection shall receive equal shares of two and one-half percent of the Historic Resort Hotel Fund net income: Provided, That funds transferred to the county commission under this subdivision shall be used only to pay regional jail expenses and the costs of infrastructure improvements and other capital improvements; and
(8) The governing body of each municipality in the state that is not eligible to receive a distribution under subdivisions (5) and (6) of this subsection shall receive equal shares of two and one-half percent of the Historic Resort Hotel Fund net income: Provided, That funds transferred to municipalities under this subdivision shall be used only to pay for debt reduction in municipal police and fire pension funds and the costs of infrastructure improvements and other capital improvements.
(e) (g) Notwithstanding any provision of this
article to the contrary, all limited gaming facility license fees and license
renewal fees received by the commission pursuant to section nine of this
article shall be deposited into the Community Based Service Fund created in
section twenty-seven, article twenty-two-c of this chapter.
(f) (h) With the exception of the license fees and
license renewal fees received by the commission pursuant to section nine of
this article, all revenues received from licensees and license applicants under
this article shall be retained by the commission as reimbursement for the
licensing process.
§29-25-22b. Changes in distribution of adjusted gross receipts and additional income; distributions from excess lottery fund.
(a) Notwithstanding any
provision of section twenty-two of this article to the contrary, for the fiscal
year beginning July 1, 2014, and each fiscal year thereafter, after payment of
the commission’s expenses pursuant to subsection (b), section twenty-two of
this article, each distribution made in subsection (c), section twenty-two of
this article from gross terminal income, and each distribution of the balance
of the Historic Resort Hotel Fund made in subsection (d) (f),
section twenty-two of this article, except subdivisions (4), (5) (6), (7) and
(8) of that subsection, shall be reduced by one hundred percent. Payments
shall not be made pursuant to section twenty-two of this article, other than
those excepted by this subsection, and are made in lieu thereof in an amount to
be determined by appropriation from the State Excess Lottery Revenue Fund.
(b) The total amount of reductions resulting from subsection (a) of this section shall be paid into the State Excess Lottery Revenue Fund created in section eighteen-a, article twenty-two of this chapter.
(c) Notwithstanding any other provision of this code to the contrary, for the fiscal year beginning July 1, 2014, and each fiscal year thereafter, moneys deposited to the State Excess Lottery Revenue Fund pursuant to this section shall be expended by the lottery in accordance with appropriations.
(d) Prior to payment of any appropriation made pursuant to this section, debt service payments payable from the State Excess Lottery Fund shall first be paid in accordance with the provisions of section eighteen-a, eighteen-d and eighteen-e, article twenty-two of this chapter and in the priority as defined by subsection (c), section eighteen-f, article twenty-two of this chapter.
(e) Notwithstanding any other provision of this code to the contrary, after payment of debt service from the State Excess Lottery Revenue Fund, all other distributions required by section eighteen-a, article twenty-two of this chapter and the distributions appropriated pursuant to this section shall be paid on a pro rata basis.