H. B. 3183
(By Delegate DeLong)
[Introduced March 24, 2005; referred to the
Committee on Finance.]
A BILL to amend and reenact §19-23-3, §19-23-10 and §19-23-13 of
the Code of West Virginia, 1931, as amended, all relating
generally to the disposition of funds from West Virginia
Racing Commission Special Account - Unredeemed Pari-Mutuel
Tickets.
Be it enacted by the Legislature of West Virginia:
That §19-23-3, §19-23-10 and §19-23-13 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 all persons who are listed as owners on the certificate
of ownership with the National Greyhound Association, and must be
a bona fide resident of this state;
(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.
§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 conducting
pari-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 nine hundred
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
hundred thousand 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 thirteen
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 the commission 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 nine hundred 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 to bona fide resident registered
greyhound owners of accredited West Virginia whelped greyhounds.
An accredited West Virginia whelped greyhound shall be solely owned
by a bona fide West Virginia resident or residents to qualify as
accredited. In order for a person to be eligible to receive an
award or purse through the fund, the registered greyhound owner or
owners of the accredited West Virginia whelped greyhound must be a
bona fide resident of this state. To qualify as a bona fide
resident of West Virginia, a registered greyhound owner may not
claim residency in any other state. A registered greyhound owner
must prove bona fide residency by providing to the commission
personal income tax returns filed in the State of West Virginia for
the most recent tax year and the three previous tax years, has real
or personal property in this state on which the owner has paid real
or personal property taxes during the most recent tax year and the
previous three tax years and an affidavit stating that the owner
claims no other state of residency. The Racing Commission and the
West Virginia registered greyhound owners and breeders association
shall maintain a registry for West Virginia bred 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,
owned by residents of this state under rules 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
promulgated by the Racing Commission.
Supplemental purse awards will be distributed as follows:
Supplemental purses shall be paid directly to the registered
greyhound owner of an accredited greyhound.
The registered greyhound 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 registered greyhound 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 registered greyhound owner or owners 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 be
established 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 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, 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 an experienced public
accountant or a certified public accountant.
§19-23-13. Disposition of funds for payment of outstanding and
unredeemed pari-mutuel tickets; publication of
notice; irredeemable tickets; stake races for dog
tracks.
(a) All moneys held by any licensee for the payment of
outstanding and unredeemed pari-mutuel tickets, if not claimed
within ninety days after the close of a horse or dog race meeting
or the televised racing day, as the case may be, in connection with
which the tickets were issued, shall be turned over by the licensee
to the Racing Commission within fifteen days after the expiration
of the ninety-day period, and the licensee shall give any
information required by the Racing Commission concerning the
outstanding and unredeemed tickets. The moneys shall 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 - Unredeemed Pari-Mutuel Tickets." Notice of the
amount, date and place of each deposit shall be given by the Racing
Commission, in writing, to the State Treasurer. The Racing
Commission shall then cause to be published a notice to the holders
of the outstanding and unredeemed pari-mutuel tickets, notifying them to present their unredeemed tickets for payment at the
principal office of the Racing Commission within ninety days from
the date of the publication of the notice. The notice shall be
published within fifteen days following the receipt of the
outstanding and unredeemed pari-mutuel ticket moneys by the
Commission from the licensee as a Class I legal advertisement in
compliance with the provisions of article three, chapter fifty-nine
of this code, and the publication area for the publication shall be
the county in which the horse or dog race meeting was held and the
county in which the televised racing day wagering was conducted in
this state.
(b) Any outstanding and unredeemed pari-mutuel tickets that
are not presented for payment within ninety days from the date of
the publication of the notice are thereafter irredeemable, and the
moneys theretofore held for the redemption of the pari-mutuel
tickets shall become the property of the Racing Commission and
shall be expended as provided in this subsection. The Racing
Commission shall maintain separate accounts for each licensee and
shall record in each separate account the moneys turned over by the
licensee and the amount expended at the licensee's track for the
purposes set forth in this subsection. The moneys from
thoroughbred racetracks in the West Virginia Racing Commission
Special Account - Unredeemed Pari-mutuel Tickets shall be expended
as follows:
(1) To the owner of the winning horse in any horse race at a
horse race meeting held or conducted by any licensee: Provided,
That the owner of the horse is at the time of the horse race a bona
fide resident of this state, a sum equal to ten percent of the
purse won by the horse at that race: Provided, however, That in
the event there are more than ten races in any performance, the
award to the resident owner of the winning horse will be that
fractional share of the purse with a numerator of one and a
denominator representing the number of races on the day of the
performance. that earns a purse at any West Virginia meet shall
receive an award calculated as a percentage of the fund dedicated
to the owners which shall be sixty percent of the fund available
for distribution in any one month. The total amount available for
the owner's award shall be distributed according to the ratio of
purses earned by the eligible horse to the total amount earned in
the races by all submitted claims for race horses for that month as
a percentage of the fund dedicated to the owners. The Commission
may require proof that the owner was, at the time of the race, a
bona fide resident of this state. Upon proof by the owner that he
or she filed a personal income tax return in this state for the
previous two years and that he or she owned real or personal
property in this state and paid taxes in this state on real or
personal property for the previous two years, he or she shall be
presumed to be a bona fide resident of this state; and
(2) To the breeder (that is, the owner of the mare) of the
winning horse in any horse race at a horse race meeting held or
conducted by any licensee: Provided, That the mare foaled in this
state, a sum equal to ten percent of the purse won by the horse:
Provided, however, That in the event there are more than ten races
in any performance, the award to the breeder will be that
fractional share of the purse with a numerator of one and a
denominator representing the number of races on the day of the
performance that earns a purse in any race at a West Virginia meet
shall receive an award calculated as a percentage of the fund
dedicated to the breeder which shall be fifteen percent of the fund
available for distribution in any month. The total amount
available for the breeders' awards shall be distributed according
to the ratio of purses earned by the eligible horse in the race to
the total purses earned in the races by all submitted claims for
race horses for that month as a percentage of the fund dedicated to
the breeders; and
(3) To the owner of the stallion which sired the winning horse
in any horse race at a horse race meeting held or conducted by any
licensee: Provided, That the mare which foaled the winning horse
was served by a stallion standing and registered in this state, a
sum equal to ten percent of the purse won by the horse: Provided,
however, That in the event there are more than ten races in any
performance, the award to the owner of the stallion will be percentage of the purse based upon the fractional share represented
by the number of races on the day of the performance that earns a
purse in any race at a West Virginia meet shall receive an award
calculated as a percentage of the fund dedicated to stallion owners
which shall be twenty-five percent of the fund available for
distribution in any one month. The total amount available for the
stallion award shall be distributed according to the ratio of
purses earned by the eligible horse to the total amount earned in
the races by all submitted claims for race horses for that month as
a percentage of the fund dedicated to stallion owners; and
(4) To those horse racing licensees not participating in the
thoroughbred development fund authorized in section thirteen-b of
this article, the unexpended balance of the licensee's account not
expended as provided in subdivisions (1), (2) and (3) of this
subsection: Provided, That all moneys distributed under this
subdivision shall be expended solely for capital improvements at
the licensee's track: Provided, however, That the capital
improvements must be approved, in writing, by the West Virginia
racing commission before funds are expended by the licensee for
that capital improvement All claims for awards as described in
subdivisions (1), (2) and (3) shall be submitted to the Racing
Commission no later than the fifteenth calendar day succeeding the
month in which the race was conducted: Provided, That payment on
the claim shall be made not later than the twenty-fifth calendar day succeeding the month in which the race was conducted; and
(5) When The moneys in the special account, from the greyhound
tracks, known as the West Virginia Racing Commission Special
Account - Unredeemed Pari-mutuel Tickets will more than satisfy
the requirements of subdivisions (1), (2), (3) and (4) of this
subsection, the West Virginia racing commission shall have the
authority to expend the excess moneys from unredeemed horse racing
pari-mutuel tickets as purse money in any race conditioned
exclusively for West Virginia bred or sired horses, and to expend
the excess moneys from unredeemed dog racing pari-mutuel tickets in
supplementing purses and establishing stake races and dog racing
handicaps at the dog tracks: Provided, That subject to the
availability of funds, the commission shall, after the requirements
of subdivisions (1), (2), (3) and (4) of this subsection have been
satisfied shall be expended if available by the West Virginia
Racing Commission as follows:
(A) Transfer annually, if available, one hundred thousand
dollars into a separate account to be used for construction and
operational expenses of a greyhound training facility, which has
been developed pursuant to terms and conditions approved by the
West Virginia Racing Commission.
(A) (B) Transfer annually, if available, two hundred thousand
dollars to the West Virginia Racing Commission Special Account -
West Virginia Greyhound Breeding Development Fund;
(B) (C) Transfer annually, if available, two hundred thousand
dollars into a separate account to be used for stakes races for
West Virginia bred greyhounds at dog racetracks; and
(C) (D) Transfer annually, if available, two hundred thousand
dollars to a trust maintained and administered by the organization
which is recognized by the West Virginia Racing Commission,
pursuant to a legislative rule proposed for promulgation by the
Commission and authorized by the Legislature, as the representative
of the majority of the active jockeys in West Virginia, for the
purpose of providing health and disability benefits to eligible
active or disabled West Virginia jockeys and their dependents in
accordance with eligibility criteria established by said
organization. For purposes of this section in determining health
benefits, an eligible active jockey is one who rides at least one
hundred mounts per calendar year of which fifty-one must be in the
State of West Virginia: Provided, That a jockey is not eligible
for health benefits if he or she receives health benefits from any
other state; and
(D) (E) After all payments to satisfy the requirements of (A),
(B), and (C) and (D) of this proviso have been satisfied, the
Commission, from the moneys received from the greyhound racetracks,
shall have authority to transfer, if available, one hundred fifty
thousand dollars left from all uncashed pari-mutuel tickets to the
trust maintained and administered by the organization which is recognized by the West Virginia Racing Commission, pursuant to
legislative rule proposed for promulgation by the Commission and
authorized by the Legislature as the representative of the majority
of the active jockeys in West Virginia.
(c) The Commission shall submit to the Legislative Auditor a
quarterly report and accounting of the income, expenditures and
unobligated balance in the special account created by this section
known as the West Virginia Racing Commission Special Account -
Unredeemed Pari-mutuel Tickets.
(d) Nothing contained in this article shall prohibit one
person from qualifying for all or more than one of the aforesaid
awards or for awards under section thirteen-b of this article.
(e) The cost of publication of the notice provided for in this
section shall be paid from the funds in the hands of the State
Treasurer collected from the pari-mutuel pools' tax provided for in
section ten of this article, when not otherwise provided in the
budget; but no such costs shall be paid unless an itemized account
thereof, under oath, be first filed with the State Auditor.
(f) The Racing Commission is authorized to promulgate
emergency rules, prior to the first day of July, two thousand four,
to incorporate the revisions to this article enacted during the two
thousand four regular legislative session.
NOTE: The purpose of this bill is to modify the disposition of funds from West Virginia Racing Commission Special Account -
Unredeemed Pari-Mutuel Tickets; make technical changes to the
definition of "Registered greyhound owner; and require that an
accredited West Virginia whelped greyhound shall be solely owned by
bona fide West Virginia residents to qualify as accredited.
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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