West Virginia Code § 29-25-32

Surcharge; Capital Reinvestment Fund
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(a) For all fiscal years beginning on or after July 1, 2009, there shall be imposed a surcharge
of ten percent against the share of gross terminal income retained by the gaming facility as
provided by section twenty of this article.
(b) The Capital Reinvestment Fund is hereby created within the Lottery Fund. The surcharge
amount attributable to the historic resort hotel shall be retained by the commission and
deposited into a separate capital reinvestment account for the historic resort hotel. For each
dollar expended by the historic resort hotel for capital improvements at the historic resort
hotel, of any amenity associated with the historic resort hotel's duestination resort facility
operations, or at adjacent facilities owned by the historic resort hotel having a useful life of
seven or more years and placed in service after April 1, 2009t, the licensed gaming facility
shall receive $1 in recoupment from its Capital Reinvestment Fund account: If a historic
resort hotel's unrecouped capital improvements exceed its Capital Reinvestment Fund
account at the end of any fiscal year, the excess improvements may be carried forward to
seven subsequent fiscal years.
(c) Any moneys remaining in the historic resort hotel's Capital Reinvestment Fund account
at the end of any fiscal year shall be deposited in the Historic Resort Hotel Fund.

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