ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2785
(By Delegate Manuel)
[Passed April 10, 1993; in effect ninety days from passage.]
AN ACT to amend and reenact sections ten, twelve-b and
thirteen-b, article twenty-three, chapter nineteen of the
code of West Virginia, one thousand nine hundred thirty-one,
as amended, all relating to the daily license tax; the
pari-mutuel pools tax; method of paying the taxes;
alternative taxes; providing for alternative participation
in the thoroughbred development fund; supplemental purses
for West Virginia whelped dogs; televised racing days;
providing for exemptions to the number of live racing dates
required; appointment of binding arbitration board;
providing that licensee pay one tenth of one percent of
certain commissions to the general fund of certain counties;
merging of pari-mutuel wagering pools; qualifications for
merged simulcast pools; providing for payment of certain
commissions into the pari-mutuel clerks' pension fund;
distribution of thoroughbred development fund; restricted
races; and nonrestricted purse supplements.
Be it enacted by the Legislature of West Virginia:
That sections ten, twelve-b and thirteen-b, article
twenty-three, chapter nineteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended and
reenacted, all to read as follows:
ARTICLE 23. HORSE AND DOG RACING.
PART VII. TAXATION OF HORSE AND DOG RACING AND PARI-MUTUEL
WAGERING; DISPOSITION OF REVENUES.
§19-23-10. Daily license tax; pari-mutuel pools tax; how taxes
paid; alternate tax; credits.
(a) Any racing association conducting thoroughbred racing at
any horse racetrack in this state shall pay each day upon which
horse races are run a daily license tax of two hundred fifty
dollars. Any racing association conducting harness racing at any
horse racetrack in this state shall pay each day upon which horse
races are run a daily license tax of one hundred fifty dollars.
Any racing association conducting dog races shall pay each day
upon which dog races are run a daily license tax of one hundred
fifty dollars. In the event thoroughbred racing, harness racing,
dog racing, or any combination of the foregoing are conducted on
the same day at the same racetrack by the same racing
association, only one daily license tax in the amount of two
hundred fifty dollars shall be paid for that day. Any daily
license tax shall not apply to any local, county or state fair,
horse show or agricultural or livestock exposition at which horse
racing is conducted for not more than six days.
(b) Any racing association licensed by the racing commission
to conduct thoroughbred racing and permitting and conductingpari-mutuel wagering under the provisions of this article shall,
in addition to the daily license tax set forth in subsection (a)
of this section, pay to the racing commission, from the
commission deducted each day by the licensee from the pari-mutuel
pools on thoroughbred racing a tax calculated on the total daily
contribution of all pari-mutuel pools conducted or made at any
and every thoroughbred race meeting of the licensee licensed
under the provisions of this article. The tax, on the pari-
mutuel pools conducted or made each day during the months of
January, February, March, October, November and December, shall
from the effective date of this section and for fiscal year one
thousand nine hundred eighty-five be calculated at two and six-
tenths percent; for fiscal year one thousand nine hundred eighty-
six, be calculated at two and three-tenths percent; for fiscal
year one thousand nine hundred eighty-seven, be calculated at two
percent of the pool; for fiscal year one thousand nine hundred
eighty-eight, be calculated at one and one-half percent; for
fiscal year one thousand nine hundred eighty-nine, be calculated
at one percent of the pool; for fiscal year one thousand nine
hundred ninety, seven tenths of one percent, and for fiscal year
one thousand nine hundred ninety-one and each fiscal year
thereafter be calculated at four tenths of one percent of the
pool; and, on the pari-mutuel pools conducted or made each day
during all other months, shall from the effective date of this
section and for fiscal year one thousand nine hundred eighty-
five, be calculated at three and six-tenths percent; for fiscal
year one thousand nine hundred eighty-six, be calculated at three
and three-tenths percent; for fiscal year one thousand ninehundred eighty-seven, be calculated at three percent of the pool;
for fiscal year one thousand nine hundred eighty-eight, be
calculated at two and one-half percent; for fiscal year one
thousand nine hundred eighty-nine, be calculated at two percent
of the pool; for fiscal year one thousand nine hundred ninety, be
calculated at one and seven-tenths percent of the pool; and for
fiscal year one thousand nine hundred ninety-one and each fiscal
year thereafter, be calculated at one and four-tenths percent of
the pool:
Provided,
That out of the amount realized from the
three tenths of one percent decrease in the tax effective for
fiscal year one thousand nine hundred ninety-one and thereafter,
which decrease correspondingly increases the amount of commission
retained by the licensee, the licensee shall annually expend or
dedicate (i) one half of the realized amount for capital
improvements in its barn area at the track, subject to the racing
commission's prior approval of the plans for the improvements,
and (ii) the remaining one half of the realized amount for
capital improvements as the licensee may determine appropriate at
the track. The term "capital improvement" shall be as defined by
the Internal Revenue Code:
Provided, however,
That any racing
association operating a horse racetrack in this state having an
average daily pari-mutuel pool on horse racing of two hundred
eighty thousand dollars or less per day for the race meetings of
the preceding calendar year shall, in lieu of payment of the
pari-mutuel pool tax, calculated as in this subsection, be
permitted to conduct pari-mutuel wagering at the horse racetrack
on the basis of a daily pari-mutuel pool tax fixed as follows:
On the daily pari-mutuel pool not exceeding three hundredthousand dollars the daily pari-mutuel pool tax shall be one
thousand dollars plus the otherwise applicable percentage rate
imposed by this subsection of the daily pari-mutuel pool, if any,
in excess of three hundred thousand dollars:
Provided further,
That upon the effective date of the reduction of the daily pari-
mutuel pool tax to one thousand dollars from the former two
thousand dollars, the association or licensee shall daily deposit
five hundred dollars into the special fund for regular purses
established by subdivision (1), subsection (b), section nine of
this article:
And provided further,
That if an association or
licensee qualifying for the foregoing alternate tax conducts more
than one racing performance, each consisting of up to ten races
in a calendar day, the association or licensee shall pay both the
daily license tax imposed in subsection (a) of this section and
the alternate tax in this subsection for each performance:
And
provided further,
That a licensee qualifying for the foregoing
alternate tax is excluded from participation in the fund
established by section thirteen-b of this article:
And provided
further,
That this exclusion shall not apply to any thoroughbred
racetrack at which the licensee has participated in the West
Virginia thoroughbred development fund for more than four
consecutive years prior to the thirty-first day of December, one
thousand nine hundred ninety-two.
(c) Any racing association licensed by the racing commission
to conduct harness racing and permitting and conducting pari-
mutuel wagering under the provisions of this article shall, in
addition to the daily license tax required under subsection (a)
of this section, pay to the racing commission, from thecommission deducted each day by the licensee from the pari-mutuel
pools on harness racing, as a tax, three percent of the first one
hundred thousand dollars wagered, or any part thereof; four
percent of the next one hundred fifty thousand dollars; and five
and three-fourths percent of all over that amount wagered each
day in all pari-mutuel pools conducted or made at any and every
harness race meeting of the licensee licensed under the
provisions of this article.
(d) Any racing association licensed by the racing commission
to conduct dog racing and permitting and conducting pari-mutuel
wagering under the provisions of this article shall, in addition
to the daily license tax required under subsection (a) of this
section, pay to the racing commission, from the commission
deducted each day by the licensee from the pari-mutuel pools on
dog racing, as a tax, four percent of the first fifty thousand
dollars or any part thereof of the pari-mutuel pools, five
percent of the next fifty thousand dollars of the pari-mutuel
pools, six percent of the next one hundred thousand dollars of
the pari-mutuel pools, seven percent of the next one hundred
fifty thousand dollars of the pari-mutuel pools, and eight
percent of all over three hundred fifty thousand dollars wagered
each day:
Provided,
That the licensee shall deduct daily from
the pari-mutuel tax an amount equal to one tenth of one percent
of the daily pari-mutuel pools in dog racing in fiscal year one
thousand nine hundred ninety; fifteen hundredths of one percent
in fiscal year one thousand nine hundred ninety-one; two tenths
of one percent in fiscal year one thousand nine hundred ninety-
two; one quarter of one percent in fiscal year one thousand ninehundred ninety-three; and three tenths of one percent in fiscal
year one thousand nine hundred ninety-four and every fiscal year
thereafter. The amounts deducted shall be paid to the racing
commission to be deposited by the racing commission in a banking
institution of its choice in a special account to be known as
"West Virginia Racing Commission-Special Account-West Virginia
Greyhound Breeding Development Fund". The purpose of the fund is
to promote better breeding and racing of greyhounds in the state
through awards and purses for accredited West Virginia whelped
greyhounds. The moneys shall be expended by the racing
commission for purses for stake races, supplemental purse awards,
administration, promotion and educational programs involving West
Virginia whelped dogs, under rules and regulations promulgated by
the racing commission. The racing commission shall pay out of
the greyhound breeding development fund to each of the licensed
dog racing tracks the sum of seventy-five thousand dollars for
the fiscal year ending the thirtieth day of June, one thousand
nine hundred ninety-four. The licensee shall deposit the sum
into the special fund for regular purses established under the
provisions of section nine of this article. The funds shall be
expended solely for the purpose of supplementing regular purses
under rules and regulations promulgated by the racing commission.
Supplemental purse awards will be distributed as follows:
Supplemental purses shall be paid directly to the owner of an
accredited greyhound or, if the greyhound is leased, the owner
may choose to designate a percentage of the purse earned directly
to the lessor as agreed to via a written purse distribution form
on file with the racing commission.
The owner of accredited West Virginia whelped greyhounds
that earn a purse at any West Virginia meet will receive a bonus
award calculated at the end of each month as a percentage of the
fund dedicated to the owners as purse supplements, which shall be
a minimum of fifty percent of the total moneys deposited into the
West Virginia greyhound breeding development fund monthly.
The total amount of the fund available for the owners'
awards shall be distributed according to the ratio of purses
earned by an accredited greyhound to the total amount earned in
races by all accredited West Virginia whelped greyhounds for that
month as a percentage of the funds dedicated to the owners' purse
supplements.
The owner of an accredited West Virginia whelped greyhound
shall file a purse distribution form with the racing commission
for a percentage of his or her dog's earnings to be paid directly
to the lessor of the greyhound. Distribution shall be made on
the fifteenth day of each month for the preceding month's
achievements.
In no event shall purses earned at a meet held at a track
which did not make contributions to the West Virginia greyhound
breeder's development fund out of the daily pool on the day the
meet was held qualify or count toward eligibility for
supplemental purse awards.
Any balance in the purse supplement funds after all
distributions have been made for the year revert to the general
account of the fund for distribution in the following year.
In an effort to further promote the breeding of quality West
Virginia whelped greyhounds, a bonus purse supplement shall beestablished in the amount of fifty thousand dollars per annum, to
be paid in equal quarterly installments of twelve thousand five
hundred dollars per quarter using the same method to calculate
and distribute these funds as the regular supplemental purse
awards. This bonus purse supplement is for three years only,
commencing on the first day of July, one thousand nine hundred
ninety-three, and ending the thirtieth day of June, one thousand
nine hundred ninety-six. This money would come from the current
existing balance in the greyhound development fund.
Each pari-mutuel greyhound track shall provide stakes races
for accredited West Virginia whelped greyhounds:
Provided,
That
each pari-mutuel track shall have one juvenile and one open stake
race annually. The racing commission shall oversee and approve
racing schedules and purse amounts.
Ten percent of the deposits into the greyhound breeding
development fund beginning the first day of July, one thousand
nine hundred ninety-three and continuing each year thereafter,
shall be withheld by the racing commission and placed in a
special revenue account hereby created in the state treasury
called the "administration, promotion and educational account".
The racing commission is authorized to expend the moneys
deposited in the administration, promotion and educational
account at such times and in such amounts as the commission
determines to be necessary for purposes of administering and
promoting the greyhound development program:
Provided,
That
beginning with fiscal year one thousand nine hundred ninety-five
and in each fiscal year thereafter in which the commission
anticipates spending any money from the account, the commissionshall submit to the executive department during the budget
preparation period prior to the Legislature convening before that
fiscal year for inclusion in the executive budget document and
budget bill, the recommended expenditures, as well as requests of
appropriations for the purpose of administration, promotion and
education. The commission shall make an annual report to the
Legislature on the status of the administration, promotion and
education account, including the previous year's expenditures and
projected expenditures for the next year.
The racing commission, for the fiscal year one thousand nine
hundred ninety-four only, may expend up to thirty-five thousand
dollars from the West Virginia greyhound breeding development
fund to accomplish the purposes of this section without strictly
following the requirements in the previous paragraph.
(e) All daily license and pari-mutuel pools tax payments
required under the provisions of this section shall be made to
the racing commission or its agent after the last race of each
day of each horse or dog race meeting, and the pari-mutuel pools
tax payments shall be made from all contributions to all pari-
mutuel pools to each and every race of the day.
(f) Every association or licensee subject to the provisions
of this article, including the changed provisions of sections
nine and ten of this article, shall annually submit to the racing
commission and the Legislature financial statements, including a
balance sheet, income statement, statement of change in financial
position and an audit of any electronic data system used for
pari-mutuel tickets and betting, prepared in accordance with
generally accepted auditing standards, as certified by anexperienced public accountant or a certified public accountant.
§19-23-12b. Televised racing days; merging of pari-mutuel
wagering pools.
(a) For the purposes of this section:
(1) "Televised racing day" means a calendar day, assigned by
the commission, at a licensed racetrack on which pari-mutuel
betting is conducted on horse or dog races run at racetracks
outside of the state which are broadcast by television at a
licensed racetrack and which day or days have had the prior
written approval of the representative of the majority of the
owners and trainers who hold permits required by section two of
this article; and
(2) "Host racing association" means any person who, pursuant
to a license or other permission granted by the host state,
conducts the horse or dog race subject to the interstate wager.
(b) A licensee conducting not less than two hundred twenty
live racing dates for each horse or dog race meeting may, with
the prior approval of the state racing commission, contract with
any legal wagering entity in any other state to receive telecasts
and accept wagers on races conducted by the legal wagering
entity:
Provided,
That at those thoroughbred racetracks
participating in the West Virginia thoroughbred development fund
authorized by section thirteen-b of this article, the licensee,
in applying for racing dates, shall apply for not less than two
hundred twenty live racing dates for each horse race meeting.
If, thereafter, for reasons beyond the licensees control, the
licensee concludes that this number of racing days cannot be
attained, the licensee may file a request with the racingcommission to reduce the authorized live racing days. Upon
receipt of the request the racing commission shall within
seventy-two hours of the receipt of the request notify the
licensee and the representative of a majority of the owners and
trainers at the requesting tract that such request has been
received and that if no objection to the request is received
within ten days of the notification the request will be approved.
If an objection is received by the commission within the time
limits, the commission shall establish a binding arbitration
board. The board shall consist of one member appointed by the
licensee, one member appointed by the representative of a
majority of the owners and trainers at the racetrack and a third
member to be selected by the two appointed members. In the event
the two members cannot agree on the third member, each member
shall submit two names to the racing commission and from those
names the racing commission shall appoint the third member of the
board. The board shall hear from all parties concerned and
thereupon shall make recommendations to the racing commission on
the required number of live racing days. The recommendations of
the board are final. The telecasts may be received and wagers
accepted at any location authorized by the provisions of section
twelve-a of this article. The contract must receive the approval
of the representative of the majority of the owners and trainers
who hold permits required by section two of this article at the
receiving racetrack.
(c) The commission may allow the licensee to commingle its
wagering pools with the wagering pools of the host racing
association. If the pools are commingled, the wagering at thelicensee's racetrack must be on tabulating equipment capable of
issuing pari-mutuel tickets and be electronically linked with the
equipment at the sending racetrack. Subject to the approval of
the commission, the types of betting, licensee commissions and
distribution of winnings on pari-mutuel pools of the sending
licensee racetrack are those in effect at the licensee racetrack.
Breakage for pari-mutuel pools on a televised racing day must be
calculated in accordance with the law or rules governing the
sending racetrack and must be distributed in a manner agreed to
between the licensee and the sending racetrack.
(d) The commission may assign televised racing days at any
time. When a televised racing day is assigned, the commission
shall assign either a steward or an auditor to preside over the
televised races at the licensee racetrack.
(e) (1) From the licensee commissions authorized by
subsection (c) of this section, the licensee shall pay one tenth
of one percent of each commission into the general fund of the
county, in which the racetrack is located and at which the
wagering occurred and there is imposed and the licensee shall
pay, for each televised racing day on which the total pari-mutuel
pool exceeds one hundred thousand dollars, the greater of either:
(i) The total of the daily license tax and the pari-mutuel pools
tax required by section ten of this article; or (ii) a daily
license tax of one thousand two hundred fifty dollars. For each
televised racing day on which the total pari-mutuel pool is one
hundred thousand dollars or less, the licensee shall pay a daily
license tax of five hundred dollars plus an additional license
tax of one hundred dollars for each ten thousand dollars, or partthereof, that the pari-mutuel pool exceeds fifty thousand
dollars, but does not exceed one hundred thousand dollars.
Payments of the tax imposed by this section are subject to the
requirements of subsection (e), section ten of this article.
(2) From the license commissions authorized by subsection
(c) of this section, after payments are made in accordance with
the provisions of subdivision (1) of this subsection, the
licensee shall pay, for each televised racing day, one fourth of
one percent of the total pari-mutuel pools for and on behalf of
the pari-mutuel clerks. The payment shall be made for and on
behalf of the pari-mutuel clerks by making a deposit into a
special fund to be established by the racing commission to be
used for payment into the pari-mutuel clerks' pension plan.
(f) After deducting the tax required by subsection (e) of
this section, the amount required to be paid under the terms of
the contract with the legal wagering entity of another state and
the cost of transmission, the horse racing association shall make
a deposit equal to fifty percent of the remainder into the purse
fund established under the provisions of subdivision (1),
subsection (b), section nine of this article.
(g) The provisions of the "Federal Interstate Horseracing
Act of 1978", also known as Public Law 95-515, Section 3001-3007
of Title 15, U.S. Code, as amended, controls in determining the
intent of this section.
(h) The handle from televised simulcast racing shall not be
included in the calculation of "average daily handle" as it is
calculated in section ten of this article to determine the
alternative daily pari-mutuel pool tax.
PART IX. DISPOSITION OF PERMIT FEES,
REGISTRATION FEES AND FINES.
§19-23-13b. West Virginia thoroughbred development fund;
distribution; restricted races; nonrestricted purse
supplements.
The racing commission shall deposit moneys required to be
withheld by an association or licensee in subsection (b), section
nine of this article in a banking institution of its choice in a
special account to be known as "West Virginia Racing Commission
Special Account -- West Virginia Thoroughbred Development Fund".
Notice of the amount, date and place of the deposit shall be
given by the racing commission, in writing, to the state
treasurer. The purpose of the fund is to promote better breeding
and racing of thoroughbred horses in the state through awards and
purses for accredited breeders/raisers, sire owners and
thoroughbred race horse owners. A further objective of the fund
is to aid in the rejuvenation and development of the present
horse tracks now operating in West Virginia for capital
improvements, operations or increased purses between the first
day of July, one thousand nine hundred eighty-four, and the
thirty-first day of October, one thousand nine hundred ninety-
two:
Provided,
That five percent of the deposits required to be
withheld by an association or licensee in subsection (b), section
nine of this article shall be placed in a special revenue account
hereby created in the state treasury called the "administration
and promotion account". The racing commission is authorized to
expend the moneys deposited in the administration and promotion
account at such times and in such amounts as the commissiondetermines to be necessary for purposes of administering and
promoting the thoroughbred development year in which the
commission anticipates spending any money from the account, the
commission shall submit to the executive department during the
budget preparation period prior to the Legislature convening
before that fiscal year for inclusion in the executive budget
document and budget bill the recommended expenditures, as well as
requests of appropriations for the purpose of administration and
promotion of the program. The commission shall make an annual
report to the Legislature on the status of the administration and
promotion account, including the previous year's expenditures and
projected expenditures for the next year.
The funds shall be established immediately and operate on an
annual basis.
(a) Funds will be expended for awards and purses in the
following manner:
(i) Fifteen percent of the fund shall be available for
distribution for events taking place between the first day of
July, one thousand nine hundred eighty-four, and the thirty-first
day of December, one thousand nine hundred eighty-five;
(ii) Fifty percent of the fund shall be available for
distribution for events taking place between the first day of
January, one thousand nine hundred eighty-six, and the thirty-
first day of December, one thousand nine hundred eighty-six;
(iii) Seventy-five percent of the fund shall be available
for distribution for events taking place between the first day of
January, one thousand nine hundred eighty-seven, and the thirty-
first day of December, one thousand nine hundred eighty-seven;
(iv) One hundred percent of the fund shall be available
thereafter; and
(v) After the first day of July, one thousand nine hundred
ninety-one, and after the thirty-first day of December, one
thousand nine hundred ninety-one, and annually thereafter, the
first one hundred thousand dollars of the fund shall be available
for distribution for a maximum of four stakes races. One of
these races shall be the West Virginia futurity and the second
shall be the Frank Gall memorial stakes. The remaining races may
be chosen by the committee set forth in subsection (b) of this
section.
(b) Awards and purses will be distributed as follows:
(i) The breeders/raisers of accredited thoroughbred horses
that earn a purse at any West Virginia meet will receive a bonus
award calculated at the end of the year as a percentage of the
fund dedicated to the breeders/raisers, which shall be sixty
percent of the fund available for distribution in any one year.
The total amount available for the breeders'/raisers' awards
shall be distributed according to the ratio of purses earned by
an accredited race horse to the total amount earned in the races
by all accredited race horses for that year as a percentage of
the fund dedicated to the breeders/raisers. However, no
breeder/raiser may receive from the fund dedicated to
breeders'/raisers' awards an amount in excess of the earnings of
the accredited horse at West Virginia meets. In addition, should
a horse's breeder and raiser qualify for the same award on the
same horse, they will each be awarded one half of the proceeds.
Of the funds available for distribution in any one year tobreeders/raisers, neither the breeders as a group nor the raisers
as a group shall, until the first day of January, one thousand
nine hundred ninety-four, qualify for more than sixty and one-
tenth percent of the funds. The bonus referred to in this
subdivision shall only be paid on the first one hundred thousand
dollars of any purse, and not on any amounts in excess thereof.
(ii) The owner of a West Virginia sire of an accredited
thoroughbred horse that earns a purse in any race at a West
Virginia meet will receive a bonus award calculated at the end of
the year as a percentage of the fund dedicated to sire owners,
which shall be fifteen percent of the fund available for
distribution in any one year. The total amount available for the
sire owners' awards shall be distributed according to the ratio
purses earned by the progeny of accredited West Virginia
stallions in the races for a particular stallion to the total
purses earned by the progeny of all accredited West Virginia
stallions in the races. However, no sire owner may receive from
the fund dedicated to sire owners an amount in excess of thirty-
five percent of the accredited earnings for each sire. The bonus
referred to in this subdivision shall only be paid on the first
one hundred thousand dollars of any purse, and not on any amounts
in excess thereof.
(iii) The owner of an accredited thoroughbred horse that
earns a purse in any race at a West Virginia meet will receive a
restricted purse supplement award calculated at the end of the
year, which shall be twenty-five percent of the fund available
for distribution in any one year, based on the ratio of the
earnings in the races of a particular race horse to the totalamount earned by all accredited race horses in the races during
that year as a percentage of the fund dedicated to purse
supplements. However, the owners may not receive from the fund
dedicated to purse supplements an amount in excess of thirty-five
percent of the total accredited earnings for each accredited race
horse. The bonus referred to in this subdivision shall only be
paid on the first one hundred thousand dollars of any purse, and
not on any amounts in excess thereof.
(iv) In no event shall purses earned at a meet held at a
track which did not make a contribution to the thoroughbred
development fund out of the daily pool on the day the meet was
held qualify or count toward eligibility for an award under this
section.
(v) Any balance in the breeders/raisers, sire owners and
purse supplement funds after yearly distributions shall: (1) Be
utilized to fund the races established in subsection (d) of this
section; and (2) revert back into the general account of the fund
for distribution in the next year.
Distribution shall be made on the fifteenth day of each
February for the preceding year's achievements.
(c) The remainder, if any, of the fund that is not available
for distribution in the program provided for in this subsection
in any one year is reserved for regular purses, marketing
expenses and for capital improvements in the amounts and under
the conditions provided in this subsection. Fifty percent of the
remainder shall be reserved for payments into the regular purse
fund established in subsection (b), section nine of this article.
Up to five hundred thousand dollars per year shall be availablefor: (1) Capital improvements at the eligible licensed horse
racing tracks in the state; and (2) marketing and advertising
programs above and beyond two hundred fifty thousand dollars for
the eligible licensed horse racing tracks in the state:
Provided,
That moneys shall be expended for capital improvements
or marketing and advertising purposes as described in this
subsection only in accordance with a plan filed with and
receiving the prior approval of the racing commission, and on a
basis of fifty percent participation by the licensee and fifty
percent participation by moneys from the fund, in the total cost
of approved projects:
Provided, however
That funds approved for
one track may not be used at another track unless the first track
ceases to operate or is viewed by the commission as unworthy of
additional investment due to financial or ethical reasons.
(d) Each pari-mutuel thoroughbred horse track shall provide
at least the following restricted races in accordance with the
following time schedules:
(i) From the first day of July, one thousand nine hundred
eighty-four, to the thirty-first day of December, one thousand
nine hundred eighty-four -- one restricted race per eight racing
days;
(ii) From the first day of January, one thousand nine
hundred eighty-five, to the thirty-first day of December, one
thousand nine hundred eighty-five -- one restricted race per
seven racing days;
(iii) From the first day of January, one thousand nine
hundred eighty-six, to the thirty-first day of December, one
thousand nine hundred eighty-six -- one restricted race per sixracing days;
(iv) From the first day of January, one thousand nine
hundred eighty-seven, to the thirty-first day of December, one
thousand nine hundred eighty-seven -- one restricted race per
five racing days;
(v) From the first day of January, one thousand nine hundred
eighty-eight, to the thirty-first day of December, one thousand
nine hundred eighty-eight -- one restricted race per four racing
days;
(vi) From the first day of January, one thousand nine
hundred eighty-nine, to the thirty-first day of December, one
thousand nine hundred eighty-nine -- one restricted race per
three racing days; and thereafter.
The restricted races established in this subsection shall be
administered by a three-member committee consisting of: (A) The
racing secretary; (B) a member appointed by the authorized
representative of a majority of the owners and trainers at the
thoroughbred track; and (C) a member appointed by a majority of
the thoroughbred breeders. The purses shall be twenty percent
larger than the purses for similar type races at each track.
Restricted races shall be funded by each racing association from:
(1) Moneys placed in the general purse fund up to a maximum
of one hundred fifty thousand dollars per year.
(2) Moneys as provided in subdivision (v), subsection (b) of
this section shall be placed in a special fund called the "West
Virginia accredited race fund". The racing schedules, purse
amounts and types of races are subject to the approval of the
West Virginia racing commission.
(e) No association or licensee qualifying for the alternate
tax provision of subsection (b), section ten of this article is
eligible for participation in any of the provisions of this
section:
Provided,
That the provisions of this subsection shall
not apply to a thoroughbred race track at which the licensee has
participated in the West Virginia thoroughbred development fund
for a period of more than four consecutive calendar years prior
to the thirty-first day of December, one thousand nine hundred
ninety-two.
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