H. B. 4571
(By Delegates Pettit and Doyle)
[Introduced February 17, 2000; referred to the
Committee on Finance.]
A BILL to amend and reenact section twelve-c, article twenty-three,
chapter nineteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to allowing a
thoroughbred racetrack and its horsemen's organization to use
a portion of export simulcast proceeds for capital
improvements at the track.
Be it enacted by the Legislature of West Virginia:
That section twelve-c, article twenty-three, chapter nineteen
of the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 23. HORSE AND DOG RACING.
§19-23-12c. Interstate simulcasts by licensed racetracks.
(a) Any licensed racing association may be authorized by the
commission to transmit broadcasts of races conducted at its
racetrack to legal wagering entities located outside this state,
which legal wagering entities located outside this state shall not
be subject to the provisions of subsection (e), section twelve-b of
this article: Provided, That as consideration for the televised
racing services it provides, the host racing association shall
receive a signal transmission fee to be paid by the receiving legal
wagering entity which shall be in an amount agreed upon by the
receiving legal wagering entity and the host racing association.
All broadcasts of horse races shall be in accordance with all of
the provisions of the "Federal Interstate Horseracing Act of
1978," also known as Public Law 95-515, Section 3001-3007 of Title
15 of the United States Code.
(b) One percent of the total signal transmission fee provided
in subsection (a) of this section shall be paid into a special fund
to be established by the racing commission for and on behalf of all
employees of the licensed racing association to be used for
payments into the pension plan for all employees of the licensed
racing association, and any thoroughbred horse racetrack which 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
shall pay seven and one-half percent of the signal transmission fee
into the West Virginia thoroughbred development fund established
by the racing commission according to section thirteen-b of this
article. After deducting: (i) The amounts required to be placed
into the pension plan for all employees of the licensed racing
association under this section; (ii) the amounts, if any, required
to be paid into the West Virginia thoroughbred development fund
under this section; and (iii) the direct costs necessary to send
a live audio and visual signal of horse races or dog races from any
racetrack licensed under the provisions of section one of this
article to any legal wagering entities outside this state for the
purpose of pari-mutuel wagering, which direct costs shall include
the cost of satellite equipment necessary to transmit the signal,
a satellite operator and the satellite time necessary to broadcast
the signal and the cost of telecommunication and facsimile services
needed to communicate necessary information to all legal wagering
entities for the purpose of pari-mutuel wagering, thoroughbred
horseracing associations 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: Provided, That the funds deposited in the purse fund
pursuant to this section may be used for the payment of regular
purses or, upon agreement between the horse racing association and
the representative of the majority of owners and trainers at a
particular thoroughbred racetrack, may be used for capital
improvements supporting simulcast operations.
NOTE: The purpose of this bill is to allow a thoroughbred
racetrack and its horsemen's organization to use a portion of
export simulcast proceeds for capital improvements at the track.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.