Introduced Version
House Bill 2532 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2532
(By Delegate Doyle)
[Introduced
January
9, 2008
; referred to the
Committee on Government Organization then Finance.]
A BILL to amend and reenact §19-23-3, §19-23-4, §19-23-5, §19-23-6
and §19-23-13b of the Code of West Virginia, 1931, as amended,
all relating to the Racing Commission; defining authority of
the Racing Commission; providing for five members of the
Racing Commission; providing qualifications for members of the
Racing Commission; abolishing certain positions within the
Racing Commission; creating the position of Director of
Racing; and providing authority for the Director of Racing.
Be it enacted by the Legislature of West Virginia:
That §19-23-3, §19-23-4, §19-23-5, §19-23-6 and §19-23-13b of
the Code of West Virginia, 1931, as amended, be amended and
reenacted, all to read as follows:
ARTICLE 23. HORSE AND DOG RACING.
§19-23-3. Definitions.
Unless the context in which used clearly requires a different meaning, as used in this article:
(1) "Horse racing" means any type of horse racing, including,
but not limited to, thoroughbred racing and harness racing;
(2) "Thoroughbred racing" means flat or running type horse
racing in which each horse participating therein is a thoroughbred
and is mounted by a jockey;
(3) "Harness racing" means horse racing in which the horses
participating therein are harnessed to a sulky, carriage or other
vehicle and shall not include any form of horse racing in which the
horses are mounted by jockeys;
(4) "Horse race meeting" means the whole period of time for
which a license is required by the provisions of section one of
this article;
(5) "Dog racing" means any type of dog racing, including, but
not limited to, greyhound racing;
(6) "Purse" means any purse, stake or award for which a horse
or dog race is run;
(7) "Racing association" or "person" means any individual,
partnership, firm, association, corporation or other entity or
organization of whatever character or description;
(8) "Applicant" means any racing association making
application for a license under the provisions of this article or
any person making application for a permit under the provisions of
this article, or any person making application for a construction permit under the provisions of this article, as the case may be;
(9) "License" means the license required by the provisions of
section one of this article;
(10) "Permit" means the permit required by the provisions of
section two of this article;
(11) "Construction permit" means the construction permit
required by the provisions of section eighteen of this article;
(12) "Licensee" means any racing association holding a license
required by the provisions of section one of this article and
issued under the provisions of this article;
(13) "Permit holder" means any person holding a permit
required by the provisions of section two of this article and
issued under the provisions of this article;
(14) "Construction permit holder" means any person holding a
construction permit required by the provisions of section eighteen
of this article and issued under the provisions of this article;
(15) "Hold or conduct" includes "assist, aid or abet in
holding or conducting";
(16) "Racing Commission" means the West Virginia Racing
Commission;
(17) "Stewards" means the steward or stewards representing the
Racing Commission, the steward or stewards representing a licensee
and any other steward or stewards, whose duty it is to supervise
any horse or dog race meeting, all as may be provided by reasonable rules and regulations of the Racing Commission, and the reasonable
rules and regulations shall specify the number of stewards to be
appointed, the method and manner of their appointment and their
powers, authority and duties;
(18) "Pari-mutuel" means a mutuel or collective pool that can
be divided among those who have contributed their wagers to one
central agency, the odds to be reckoned in accordance to the
collective amounts wagered upon each contestant running in a horse
or dog race upon which the pool is made, but the total to be
divided among the first three contestants on the basis of the
number of wagers on these;
(19) "Pari-mutuel clerk" means any employee of a licensed
racing association who is responsible for the collection of wagers,
the distribution of moneys for winning pari-mutuel tickets,
verification of the validity of pari-mutuel tickets and accounting
for pari-mutuel funds;
(20) "Pool" means a combination of interests in a joint
wagering enterprise or a stake in such enterprise;
(21) "Legitimate breakage" is the percentage left over in the
division of a pool;
(22) "To the dime" means that wagers shall be figured and paid
to the dime;
(23) "Code" means the Code of West Virginia, one thousand nine
hundred thirty-one, as heretofore and hereinafter amended;
(24) "Accredited thoroughbred horse" means a thoroughbred
horse that is: (a) Foaled in West Virginia; (b) sired by an
accredited West Virginia sire; or (c) as a yearling, finished
twelve consecutive months of verifiable residence in the state,
except for thirty days grace: (A) For the horse to be shipped to
and from horse sales where the horse is officially entered in the
sales catalogue of a recognized thoroughbred sales company, or (B)
for obtaining veterinary services, documented by veterinary
reports;
(25) "Accredited West Virginia sire" is a sire that is
permanently domiciled in West Virginia, stands a full season in
West Virginia and is registered with West Virginia thoroughbred
breeders association;
(26) "Breeder of an accredited West Virginia horse" is the
owner of the foal at the time it was born in West Virginia;
(27) "Raiser of an accredited West Virginia horse" is the
owner of the yearling at the time it finished twelve consecutive
months of verifiable residence in the state. During the period,
the raiser will be granted one month of grace for his or her horse
to be shipped to and from thoroughbred sales where the horse is
officially entered in the sales catalogue of a recognized
thoroughbred sales company. Prior to the horse being shipped out
of the state for sales, the raiser must notify the Racing
Commission of his or her intentions;
(28) The "owner of an accredited West Virginia sire" is the
owner of record at the time the offspring is conceived;
(29) The "owner of an accredited West Virginia horse" means
the owner at the time the horse earned designated purses to qualify
for restricted purse supplements provided for in section thirteen-b
of this article;
(30) "Registered greyhound owner" means an owner of a
greyhound that is registered with the National Greyhound
Association;
(31) "Fund" means the West Virginia thoroughbred development
fund established in section thirteen-b of this article; and
(32) "Regular purse" means both regular purses and stakes
purses;
(33) "Director of Racing" or "director" means the individual
appointed by the Governor pursuant to section five of this article
to provide management and administration necessary to direct the
State Racing Office.
§19-23-4. West Virginia Racing Commission continued as a public
corporation; composition; terms; vacancies;
qualifications, expenses of members; principal office;
meetings; election of officers; quorum; inspection of
records; annual report.
(a) The "West Virginia Racing Commission," is continued in
existence as a public corporation and as such, may contract and be contracted with, plead and be impleaded, sue and be sued and have
and use a common seal. (b) The Racing Commission shall consist of
three five members, not more than two three of whom shall belong to
the same political party, to be appointed by the Governor by and
with the advice and consent of the Senate. One member of the
commission shall have at least five years experience in law
enforcement and one member of the commission shall have at least
five years of experience as an accountant. Not less than one
member shall reside in each county or in a county adjacent to a
county where a pari-mutuel racetrack that is licensed as of the
first day of January, two thousand seven, is located. The term of
office for the members of the Racing Commission is four years, and
until their successors have been appointed and have qualified, and
members of the Racing Commission may serve any number of successive
terms. The members of the Racing Commission in office on the
effective date of the amendment and reenactment of this section in
two thousand one seven shall, unless removed by the Governor after
the effective date of this article, continue to serve until their
terms expire and until their successors have been appointed and
have qualified. Any vacancy in the office of a member of the
Racing Commission shall be filled by appointment by the Governor
for the unexpired term of the member whose office shall be vacant.
No person is eligible for appointment to or to serve upon the
Racing Commission:
(1) Unless he or she is an actual and bona fide resident of
this state, shall have resided in this state for a period of at
least five years next preceding his or her appointment, shall be a
qualified voter of this state and be not less than twenty-five
years of age;
(2) Who directly or indirectly, or in any capacity, owns or
has any interest, in any manner whatever, in any racetrack where
horse or dog race meetings may be held, including, but not limited
to, an interest as owner, lessor, lessee, stockholder or employee;
(3) While serving as a member of the Legislature or as an
elective officer of this state; or
(4) Who has been or shall be convicted of an offense which,
under the law of this state or any other state or of the United
States of America, constitutes a felony, or is a violation of
article four, chapter sixty-one of this code.
(c) (b) Each member of the Racing Commission shall be
reimbursed for all reasonable and necessary expenses actually
incurred in the performance of his or her duties as a member of the
Racing Commission receive the same compensation as is paid to
members of the Legislature for their interim duties as recommended
by the Citizens Legislative Compensation Commission and authorized
by law for each day or portion thereof engaged in the discharge of
official duties and each member shall be reimbursed for actual and
necessary expenses incurred in the discharge of official duties: Provided, That the per mile rate to be reimbursed shall be the same
rate as authorized for members of the Legislature.
(d) (c) The Racing Commission shall have its principal office,
the State Racing Office, at the seat of government, and shall meet
annually at least quarterly at its principal office in the month of
January, and at any other times and places designated by its
chairman, chair person, the Director of Racing, or majority of the
commission members. At the annual meeting the On the first day of
July of each year, the Racing Commission shall elect from its
membership a chairman chair person and any other officers that are
desired. Other meetings of the Racing Commission may be called by
the chairman on such notice to the other members prescribed by the
Racing Commission.
(e) (d) A majority of the members of the Racing Commission
constitute a quorum for the transaction of its business or the
exercise of any of its powers and authority. No person not a bona
fide member of the Racing Commission shall vote upon or participate
in the deliberations of the Racing Commission on any matter which
may come before it. All Racing Commission records, except as
otherwise provided by law, shall be open to public inspection
during regular office hours of the State Racing Office.
(f) (e) As soon as possible after the close of each calendar
year, the Racing Commission shall submit to the Governor a report
of the transactions of the Racing Commission during the preceding calendar year.
§19-23-5. Director of Racing and other personnel; qualifications;
terms; powers and duties; compensation and expenses.
(a) The Racing Commission shall appoint a racing secretary to
represent the Racing Commission and such racing secretary shall
possess such powers and authority and perform such duties as the
Racing Commission may direct or prescribe. The racing secretary
shall preserve at the Racing Commission's principal office all
books, maps, records, documents and other papers of the Racing
Commission. The racing secretary shall, in addition to all other
duties imposed upon him by the Racing Commission, serve in a
liaison capacity between licensees and the Racing Commission. The
Racing Commission may also employ, direct and define the duties of
an assistant racing secretary and such stenographers, clerks and
other office personnel as it may deem necessary to carry out the
duties imposed upon it under the provisions of this article The
statutory offices of the racing secretary, assistant racing
secretary, chief clerk, director of security, director of audits,
and chief chemist are abolished effective the first day of July,
two thousand seven.
(b) There is hereby created the position of the Director of
Racing whose duties include the management and administration of
the State Racing Office. The Director of Racing shall be qualified
by training and experience to direct the operations of thoroughbred and dog racing, and shall be appointed, by the first day of July,
two thousand seven, by the Governor and shall serve at the will and
pleasure of the Governor. No person may be appointed as Director of
Racing who has been convicted of a felony or crime involving moral
turpitude.
(c) The director serves on a full-time basis and may not be
engaged in any other profession or occupation.
(d) The director:
(1) Shall have a good reputation, particularly as a person of
honesty and integrity, and shall favorably pass a thorough
background investigation prior to appointment;
(2) The director may not hold political office in the
government of the state either by election or appointment while
serving as director;
(3) The director shall be a citizen of the United States and
must become a resident of the state within ninety days of
appointment;
(4) The director shall receive an annual salary as provided
by the Governor; and
(b) (e) In addition to the employees referred to above The
Racing Commission Director, with the approval of the Racing
Commission, shall employ, direct and define the duties of a chief
clerk, director of security, director of audit, chief chemist
stewards to represent the Racing Commission, supervisors of the pari-mutuel wagering conducted under the provisions of this
article, veterinarians, inspectors, accountants, guards and all
other employees deemed by the Racing Commission Director to be
essential in connection with any horse or dog race meeting. The
Director of Audit shall be a certified public accountant or
experienced public accountant.
(c) (f) No individual shall knowingly be employed or be
continued in employment by the Racing Commission in any capacity
whatever:
(1) Who directly or indirectly, or in any capacity, owns or
has any interest, in any manner whatever, in any racetrack where
horse or dog race meetings may be held, including, but not limited
to, an interest as owner, lessor, lessee, stockholder or employee;
(2) Who at the time is or has been within one year prior
thereto a member of the Legislature or an elective officer of this
state, unless he or she is experienced and qualified as a racing
official; or
(3) Who has been or shall be convicted of an offense which,
under the law of this state or any other state or of the United
States of America, constitutes a felony, or is a violation of
article four, chapter sixty-one of this code. Any steward employed
by the Racing Commission or by a licensee shall be a person of
integrity, and experienced and qualified for such position by the
generally accepted practices and customs of horse or dog racing in the United States.
(d) (g) The racing secretary and all other All employees whose
functions are required or needed under the provisions of this
article of the Racing Commission shall serve at the will and
pleasure of the Racing Commission Director. The racing secretary
and the other employees referred to in this section as Employees of
the Racing Commission shall receive such compensation as may be
fixed by the Racing Commission Director, with the approval of the
Racing Commission and within the limit of available funds, and
shall be reimbursed for all reasonable and necessary expenses
actually incurred in the performance of their official duties.
(e) (h) All compensation and reimbursement for expenses of the
members of the Racing Commission the racing secretary and all other
employees of the Racing Commission shall be paid from the funds in
the hands of the State Treasurer collected under the provisions of
this article and shall be itemized in the budget in the same manner
as all other departments of state government, but no reimbursement
for expenses incurred shall be paid unless an itemized account
thereof, under oath, be first filed with the State Auditor.
§19-23-6. Powers and authority of Racing Commission.
The Racing Commission has full jurisdiction over and shall
supervise all horse race meetings, all dog race meetings and all
persons involved in the holding or conducting of horse or dog race
meetings and, in this regard, it has plenary power and authority:
(1) To investigate applicants and determine the eligibility of
the applicants for a license or permit or construction permit under
the provisions of this article;
(2) To fix, from time to time, the annual fee to be paid to
the Racing Commission for any permit required under the provisions
of section two of this article;
(3) To promulgate reasonable rules and regulations
implementing and making effective the provisions of this article
and the powers and authority conferred and the duties imposed upon
the Racing Commission under the provisions of this article,
including, but not limited to, reasonable rules and regulations
under which all horse races, dog races, horse race meetings and dog
race meetings shall be held and conducted, all of which reasonable
rules and regulations shall be promulgated in accordance with the
provisions of article three, chapter twenty-nine-a of this code:
Provided, That in accordance with article three, chapter
twenty-nine-a, the Racing Commission shall promulgate separate
rules pertaining to the kinds of legal combination wagers which may
be placed in connection with the pari-mutuel system of wagering
authorized by this article;
(4) To register colors and assumed names and to fix, from time
to time, the annual fee to be paid to the Racing Commission for any
such registration;
(5) To fix and regulate the minimum purse to be offered during any horse or dog race meeting;
(6) To fix a minimum and a maximum number of horse races or
dog races to be held on any respective racing day;
(7) To enter the office; horse racetrack; dog racetrack;
kennel; facilities and other places of business of any licensee to
determine whether the provisions of this article and its reasonable
rules and regulations are being complied with, and for this
purpose, the Racing Commission, its racing secretary the Director
of Racing, representatives and employees may visit, investigate and
have free access to any such office, horse racetrack, dog
racetrack, kennel, facilities and other places of business;
(8) To investigate alleged violations of the provisions of
this article, its reasonable rules and regulations, orders and
final decisions and to take appropriate disciplinary action against
any licensee or permit holder or construction permit holder for the
violation thereof or institute appropriate legal action for the
enforcement thereof or take such disciplinary action and institute
such legal action;
(9) By reasonable rules and regulations, to authorize
stewards, starters and other racing officials to impose reasonable
fines or other sanctions upon any person connected with or involved
in any horse or dog racing or any horse or dog race meeting; and to
authorize stewards to rule off the grounds of any horse or dog
racetrack any tout, bookmaker or other undesirable individual determined inimical to the best interests of horse and dog racing
or the pari-mutuel system of wagering in connection therewith;
(10) To require at any time the removal of any racing official
or racing employee of any licensee, for the violation of any
provision of this article, any reasonable rule and regulation of
the Racing Commission or for any fraudulent practice;
(11) To acquire, establish, maintain and operate, or to
provide by contract for the maintenance and operation of, a testing
laboratory and related facilities, for the purpose of conducting
saliva, urine and other tests on the horse or dog or horses or dogs
run or to be run in any horse or dog race meeting, and to purchase
all equipment and supplies considered necessary or desirable in
connection with the acquisition, establishment, maintenance and
operation of any testing laboratory and related facilities and all
such tests;
(12) To hold up, in any disputed horse or dog race, the
payment of any purse, pending a final determination of the results
thereof;
(13) To require each licensee to file an annual balance sheet
and profit and loss statement pertaining to the licensee's horse or
dog racing activities in this state, together with a list of each
licensee's stockholders or other persons having any beneficial
interest in the horse or dog racing activities of the licensee;
(14) To issue subpoenas for the attendance of witnesses and subpoenas duces tecum for the production of any books, records and
other pertinent documents, and to administer oaths and affirmations
to such witnesses, whenever, in the judgment of the Racing
Commission, it is necessary to do so for the effective discharge of
its duties under the provisions of this article;
(15) To keep accurate and complete records of its proceedings
and to certify the same as may be appropriate;
(16) To take any other action that may be reasonable or
appropriate to effectuate the provisions of this article and its
reasonable rules and regulations;
(17) To provide breeders' awards, purse supplements and moneys
for capital improvements at racetracks in compliance with section
thirteen-b of this article; and
(18) To contract and be contracted with, plead and be
impleaded, sue and have and use a common seal; and
(18) (19) To mediate on site, upon request of a party, all
disputes existing between the racetrack licensees located in this
state and representatives of a majority of the horse owners and
trainers licensed at the track which threaten to disrupt any
scheduled racing event or events. The Racing Commission shall,
upon the request of a party, mediate on site, all disputes existing
between racetrack licensees and representatives of pari-mutuel
clerks which threaten to disrupt any scheduled racing event or
events. When a request for mediation is made, the commission shall designate from among its members one person to act as mediator in
each dispute that arises. Each opposing party involved in any
dispute shall negotiate in good faith with the goal of reaching a
fair and mutual resolution. The mediator may issue recommendations
designed to assist each side toward reaching a fair compromise:
Provided, That no owner or operator or any horse owner or trainer
or any pari-mutuel clerk licensed at the track may be required to
abide by any recommendation made by any mediator acting pursuant to
this subsection.
The Racing Commission shall not interfere in the internal
business or internal financial affairs of any licensee.
§19-23-13b. West Virginia Thoroughbred Development Fund;
distribution; restricted races; nonrestricted purse
supplements; preference for West Virginia
accredited thoroughbreds.
(a) 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":
Provided, That after the West Virginia Lottery Commission has
divided moneys between the West Virginia Thoroughbred Development
Fund and the West Virginia Greyhound Breeding Development Fund
pursuant to the provisions of sections ten and ten-b, article twenty-two-a, chapter twenty-nine of this code, the Racing
Commission shall, beginning the first day of October, two thousand
five, deposit the remaining moneys required to be withheld from an
association or licensee designated to the Thoroughbred Development
Fund under the provisions of subsection (b), section nine of this
article, subdivision (3), subsection (e), section twelve-b of this
article, subsection (b), section twelve-c of this article,
paragraph (B), subdivision (3), subsection (b), section thirteen-c
of this article and sections ten and ten-b, article twenty-two-a,
chapter twenty-nine of this code into accounts for each
thoroughbred racetrack licensee with a banking institution of its
choice with a separate account for each association or licensee.
Each separate account shall be a special account to be known as
"West Virginia Racing Commission Special Account - West Virginia
Thoroughbred Development Fund" and shall name the licensee for
which the special account has been established: Provided, however,
That the Racing Commission shall deposit all moneys paid into the
Thoroughbred Development Fund by a thoroughbred racetrack licensee
that did not participate in the Thoroughbred Development Fund for
at least four consecutive calendar years prior to the thirty-first
day of December, one thousand nine hundred ninety-two, from the
eighth day of July, two thousand five, until the effective date of
the amendment to this section passed during the fourth
extraordinary session of the seventy-seventh Legislature shall be paid into the purse fund of that thoroughbred racetrack licensee:
Provided further, That the moneys paid into the Thoroughbred
Development Fund by a thoroughbred racetrack licensee that did not
participate in the Thoroughbred Development Fund for at least four
consecutive calendar years prior to the thirty-first day of
December, one thousand nine hundred ninety-two, shall be
transferred into that licensee's purse fund until the first day of
April, two thousand six. Notice of the amount, date and place of
the deposits shall be given by the Racing Commission, in writing,
to the State Treasurer. The purpose of the funds 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: And provided further,
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".
(b) The Racing Commission is authorized to expend the moneys
deposited in the administration and promotion account at times and
in amounts as the commission determines to be necessary for
purposes of administering and promoting the thoroughbred
development program: Provided, That during any fiscal 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.
(c) The fund or funds and the account or accounts established
in subsection (a) of this section shall operate on an annual basis.
(d) Funds in the Thoroughbred Development Fund or funds in the
separate accounts for each association or licensee as provided in
subsection (a) of this section shall be expended for awards and
purses except as otherwise provided in this section. Annually, the
first three hundred thousand dollars of each fund shall be
available for distribution for stakes races at a racetrack which
has participated in the West Virginia Thoroughbred Development Fund
for a period of more than four consecutive calender years prior to
the thirty-first day of December, one thousand nine hundred ninety-
two. One of the stakes races shall be the West Virginia Futurity
and the second shall be the Frank Gall Memorial Stakes. For the
purpose of participating in the West Virginia Futurity only, all
mares, starting with the breeding season beginning the first day of February through the thirty-first day of July, two thousand four,
and each successive breeding season thereafter shall be bred back
that year to an accredited West Virginia stallion only which is
registered with the West Virginia Thoroughbred Breeders
Association. The remaining races may be chosen by the committee
set forth in subsection (f) of this section.
(e) Awards and purses shall be distributed as follows:
(1) The breeders and raisers of accredited thoroughbred horses
that earn a purse at a participating West Virginia meet shall
receive a bonus award calculated at the end of the year as a
percentage of the fund dedicated to the breeders and raisers, which
shall be sixty percent of the fund available for distribution in
any one year. The total amount available for the breeders' and
raisers' awards shall be distributed according to the ratio of
purses earned by an accredited race horse to the total amount
earned in the participating races by all accredited race horses for
that year as a percentage of the fund dedicated to the breeders and
raisers. However, no breeder and raiser may receive from the fund
dedicated to breeders' and 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. The bonus referred to in this subdivision may only be
paid on the first one hundred thousand dollars of any purse and not on any amounts in excess of the first one hundred thousand dollars.
(2) The owner of a West Virginia sire of an accredited
thoroughbred horse that earns a purse in any race at a
participating West Virginia meet shall 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 of purses earned by the progeny of
accredited West Virginia stallions in the participating races for
a particular stallion to the total purses earned by the progeny of
all accredited West Virginia stallions in the participating 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 of the first one hundred
thousand dollars.
(3) The owner of an accredited thoroughbred horse that earns
a purse in any participating race at a West Virginia meet shall
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 total amount earned by all accredited race horses in the participating
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 of the first one hundred
thousand dollars.
(4) In no event may 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 subsection.
(5) Any balance in the breeders and raisers, sire owners and
purse supplement funds after yearly distributions shall first be
used to fund the races established in subsection (f) of this
section. Any amount not so used shall revert into the general
account of the Thoroughbred Development Fund for each racing
association or licensee for distribution in the next year.
Distribution shall be made on the fifteenth day of each
February for the preceding year's achievements.
(f) (1) Each pari-mutuel thoroughbred horse track shall
provide at least one restricted race per racing day: Provided,
That sufficient horses and funds are available. For purposes of this subsection, there are sufficient horses if there are at least
seven single betting interests received for the race. The
restricted race required by this section must be included in the
first nine races written in the condition book for that racing day.
(2) The restricted races established in this subsection shall
be administered by a three-member committee at each track
consisting of:
(A) The Racing secretary Director;
(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 the West Virginia Thoroughbred
Breeders' Association.
(3) The purses for the restricted races established in this
subsection shall be twenty percent larger than the purses for
similar type races at each track or equal to or of greater value
than a comparable race: Provided, That sufficient funds are
available: Provided, however, That the twenty percent requirement
is applicable only to a thoroughbred racetrack which has
participated in the West Virginia Thoroughbred Development Fund for
a period of more than four consecutive calender years prior to the
thirty-first day of December, one thousand nine hundred ninety-two.
(4) Restricted races shall be funded by each racing
association from:
(A) Moneys placed in the general purse fund up to a maximum of three hundred fifty thousand dollars per year: Provided, That a
thoroughbred horse racetrack which has participated in the West
Virginia Thoroughbred Development Fund for a period of more than
four consecutive years prior to the thirty-first day of December,
one thousand nine hundred ninety-two, may fund restricted races in
an amount not to exceed one million five hundred thousand dollars
from the general purse fund.
(B) Moneys as provided in subdivision (5), subsection (e) of
this section, which shall be placed in a special fund called the
"West Virginia Accredited Race Fund".
(5) The racing schedules, purse amounts and types of races are
subject to the approval of the West Virginia Racing Commission.
(6) If less than seventy-five percent of the restricted races
required by this subsection fail to receive enough entries to race,
the Racing Commission shall, on a quarterly basis, dedicate funds
in each fund back to the general purse fund of the racing
association or licensee: Provided, That no moneys may be dedicated
back to a general purse fund if the dedication would leave less
than two hundred fifty thousand dollars in the fund.
(g) As used in this section, "West Virginia bred-foal" means
a horse that was born in the State of West Virginia.
(h) To qualify for the West Virginia Accredited Race Fund, the
breeder must qualify under one of the following:
(1) The breeder of the West Virginia bred-foal is a West Virginia resident;
(2) The breeder of the West Virginia bred-foal is not a West
Virginia resident, but keeps his or her breeding stock in West
Virginia year round; or
(3) The breeder of the West Virginia bred-foal is not a West
Virginia resident and does not qualify under subdivision (2) of
this subsection, but either the sire of the West Virginia bred-foal
is a West Virginia stallion, or the mare is covered by a West
Virginia stallion following the birth of that West Virginia bred-
foal.
(I) From the first day of July, two thousand one, West
Virginia accredited thoroughbred horses have preference for entry
in all accredited races at a thoroughbred race track at which the
licensee participates in the West Virginia Thoroughbred Development
Fund.
(j) Beginning the first day of July, two thousand six, any
racing association licensed by the Racing Commission to conduct
thoroughbred racing and permitting and conducting pari-mutuel
wagering under the provisions of this article must have a West
Virginia Thoroughbred Racing Breeders Program.
(k) The commission shall, during calendar year two thousand
nine, conduct a study of the adequacy of funding provided for the
Thoroughbred Development Fund at any thoroughbred racetrack which
has not 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, and shall report its findings and
recommendations to the Joint Committee on Government and Finance on
or before the first day of December, two thousand nine.
NOTE: The purpose of this bill is to expand the membership of
the Racing Commission from three to five members and reorganizes
the administrative functions of the West Virginia Racing Commission
by establishing a State Racing Office and creating the position of
Director of Racing. The Director of Racing will be a gubernatorial
appointee and will be responsible for the daily management of the
authorities and responsibilities of the West Virginia Racing
Commission.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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