ENGROSSED
Senate Bill No. 18
(By Senator Snyder)
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[Introduced February 14, 2001; referred to the Committee on the
Judiciary; and then to the Committee on Finance.]
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A BILL to amend and reenact section nine, article twenty-three,
chapter nineteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended; and to amend and
reenact section ten, article twenty-two-a, chapter twenty-
nine of said code, all relating to pension funds for
racetrack personnel; the distribution of proceeds from the
purse fund to provide funds for health, disability and
retirement benefits for eligible active, disabled and
retired West Virginia exercise boys, trainers, grooms and
stable foreman and their dependents; and the distribution of
proceeds from net terminal income of racetrack video lottery proceeds to provide funds for health, disability and
retirement benefits for eligible active, disabled and
retired West Virginia jockeys and their dependents.
Be it enacted by the Legislature of West Virginia:
That section nine, article twenty-three, chapter nineteen of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted; and that section ten,
article twenty-two-a, chapter twenty-nine of said code, be
amended and reenacted, all to read as follows:
CHAPTER 19. AGRICULTURE.
ARTICLE 23. HORSE AND DOG RACING.
PART VI. PARI-MUTUEL SYSTEM OF WAGERING AUTHORIZED;
COMMISSIONS DEDUCTED FROM PARI-MUTUEL POOLS.
§19-23-9. Pari-mutuel system of wagering authorized; licensee
authorized to deduct commissions from pari-mutuel pools;
retention of breakage; auditing; minors.
(a) The pari-mutuel system of wagering upon the results of
any horse or dog race at any horse or dog race meeting conducted
or held by any licensee is hereby authorized, if and only if such
pari-mutuel wagering is conducted by the licensee within the
confines of the licensee's horse racetrack or dog racetrack and the provisions of section one, article ten, chapter sixty-one of
this code relating to gaming, shall not apply to the pari-mutuel
system of wagering in manner and form as provided for in this
article at any horse or dog race meeting within this state where
horse or dog racing shall be permitted for any purse by any
licensee. A licensee shall permit or conduct only the pari-
mutuel system of wagering within the confines of the licensee's
racetrack at which any horse or dog race meeting is conducted or
held.
(b) A licensee is hereby expressly authorized to deduct a
commission from the pari-mutuel pools, as follows:
(1) The commission deducted by any licensee from the pari-
mutuel pools on thoroughbred horse racing, except from
thoroughbred horse racing pari-mutuel pools involving what is
known as multiple betting in which the winning pari-mutuel ticket
or tickets are determined by a combination of two or more winning
horses, shall not exceed seventeen and one-fourth percent of the
total of the pari-mutuel pools for the day. Out of the
commission, as is mentioned in this subdivision, the licensee:
(i) Shall pay the pari-mutuel pools tax provided for in
subsection (b), section ten of this article; (ii) shall make a deposit into a special fund to be established by the licensee and
to be used for the payment of regular purses offered for
thoroughbred racing by the licensee, which deposits out of pari-
mutuel pools for each day during the months of January, February,
March, October, November and December shall be seven and three
hundred seventy-five one-thousandths percent of the pari-mutuel
pools and which, out of pari-mutuel pools for each day during all
other months, shall be six and eight hundred seventy-five
one-thousandths percent of the pari-mutuel pools, which shall
take effect beginning fiscal year one thousand nine hundred
ninety; (iii) shall, after allowance for the exclusion given by
subsection (b), section ten of this article, make a deposit into
a special fund to be established by the racing commission and to
be used for the payment of breeders, awards and capital
improvements as authorized by section thirteen-b of this article,
which deposits out of pari-mutuel pools shall from the effective
date of this section and for fiscal year one thousand nine
hundred eighty-five, be four-tenths percent; for fiscal year one
thousand nine hundred eighty-six, be seven-tenths percent; for
fiscal year one thousand nine hundred eighty-seven, be one
percent; for fiscal year one thousand nine hundred eighty-eight, be one and one-half percent; and for fiscal year one thousand
nine hundred eighty-nine, and each year thereafter, be two
percent of the pools; (iv) shall annually pay
three hundred fifty
thousand dollars into a special fund established by the racing
commission for payment into a pension plan established by the
racing commission for all exercise boys, trainers, grooms and
stable foreman licensed by the racing commission to participate
in horse racing in this state and their dependents, who
participate in racing at thoroughbred race tracks that have
participated in the thoroughbred development fund created in
section thirteen-b of this article for period of more than four
consecutive years prior to the thirty-first day of December, one
thousand nine hundred ninety-two; and (iv) (v) shall pay one
tenth of one percent of the pari-mutuel pools into the general
fund of the county commission of the county in which the
racetrack is located, except if within a municipality, then to
the municipal general fund. The remainder of the commission
shall be retained by the licensee.
The commission deducted by any licensee from the pari-mutuel
pools on thoroughbred horse racing involving what is known as
multiple betting in which the winning pari-mutuel ticket or tickets are determined by a combination of two winning horses
shall not exceed nineteen percent and by a combination of three
or more winning horses shall not exceed twenty-five percent of
the total of such pari-mutuel pools for the day. Out of the
commission, as is mentioned in this paragraph, the licensee: (i)
Shall pay the pari-mutuel pools tax provided for in subsection
(b), section ten of this article; (ii) shall make a deposit into
a special fund to be established by the licensee and to be used
for the payment of regular purses offered for thoroughbred racing
by the licensee, which deposits out of pari-mutuel pools for each
day during the months of January, February, March, October,
November and December for pools involving a combination of two
winning horses shall be eight and twenty-five one-hundredths
percent and out of pari-mutuel pools for each day during all
other months shall be seven and seventy-five one-hundredths
percent of the pari-mutuel pools; and involving a combination of
three or more winning horses for the months of January, February,
March, October, November and December the deposits out of the
fund shall be eleven and twenty-five one-hundredths percent of
the pari-mutuel pools; and which, out of pari-mutuel pools for
each day during all other months, shall be ten and seventy-five one-hundredths percent of the pari-mutuel pools; (iii) shall,
after allowance for the exclusion given by subsection (b),
section ten of this article, make a deposit into a special fund
to be established by the racing commission and to be used for the
payment of breeders' awards and capital improvements as
authorized by section thirteen-b of this article, which deposits
out of pari-mutuel pools shall from the effective date of this
section and for fiscal year one thousand nine hundred eighty-
five, be four-tenths percent; for fiscal year one thousand nine
hundred eighty-six, be seven-tenths percent; for fiscal year one
thousand nine hundred eighty-seven, be one percent; for fiscal
year one thousand nine hundred eighty-eight, be one and one-half
percent; and for fiscal year one thousand nine hundred eighty-
nine, and each year thereafter, be two percent of the pools; and
(iv) shall pay one tenth of one percent of the pari-mutuel pools
into the general fund of the county commission of the county in
which the racetrack is located, except if within a municipality,
then to the municipal general fund. The remainder of the
commission shall be retained by the licensee.
The commission deducted by the licensee under this
subdivision may be reduced only by mutual agreement between the licensee and a majority of the trainers and horse owners licensed
by subsection (a), section two of this article or their
designated representative. The reduction in licensee commissions
may be for a particular race, racing day or days or for a horse
race meeting. Fifty percent of the reduction shall be retained
by the licensee from the amounts required to be paid into the
special fund established by the licensee under the provisions of
this subdivision. The racing commission shall promulgate any
reasonable rules and regulations that are necessary to implement
the foregoing provisions.
(2) The commission deducted by any licensee from the pari-
mutuel pools on harness racing shall not exceed seventeen and
one-half percent of the total of the pari-mutuel pools for the
day. Out of the commission the licensee shall pay the pari-
mutuel pools tax provided for in subsection (c), section ten of
this article and shall pay one tenth of one percent into the
general fund of the county commission of the county in which the
racetrack is located, except if within a municipality, then to
the municipal general fund. The remainder of the commission
shall be retained by the licensee.
(3) The commission deducted by any licensee from the pari-mutuel pools on dog racing, except from dog racing pari-mutuel
pools involving what is known as multiple betting in which the
winning pari-mutuel ticket or tickets are determined by a
combination of two or more winning dogs, shall not exceed sixteen
and thirty one-hundredths percent of the total of all pari-mutuel
pools for the day. The commission deducted by any licensee from
the pari-mutuel pools on dog racing involving what is known as
multiple betting in which the winning pari-mutuel ticket or
tickets are determined by a combination of two winning dogs shall
not exceed nineteen percent, by a combination of three winning
dogs shall not exceed twenty percent, and by a combination of
four or more winning dogs shall not exceed twenty-one percent of
the total of such pari-mutuel pools for the day. The foregoing
commissions are in effect for the fiscal years one thousand nine
hundred ninety and one thousand nine hundred ninety-one.
Thereafter, the commission shall be at the percentages in effect
prior to the effective date of this article unless the
Legislature, after review, determines otherwise. Out of the
commissions, the licensee shall pay the pari-mutuel pools tax
provided for in subsection (d), section ten of this article and
one tenth of one percent of such pari-mutuel pools into the general fund of the county commission of the county in which the
racetrack is located. In addition, out of the commissions, if
the racetrack is located within a municipality, then the licensee
shall also pay three tenths of one percent of the pari-mutuel
pools into the general fund of the municipality; or, if the
racetrack is located outside of a municipality, then the licensee
shall also pay three tenths of one percent of the pari-mutuel
pools into the state road fund for use by the division of
highways in accordance with the provisions of this subdivision.
The remainder of the commission shall be retained by the
licensee.
For the purposes of this section, "municipality" means and
includes any Class I, Class II and Class III city and any Class
IV town or village incorporated as a municipal corporation under
the laws of this state prior to the first day of January, one
thousand nine hundred eighty-seven.
Each dog racing licensee, when required by the provisions of
this subdivision to pay a percentage of its commissions to the
state road fund for use by the division of highways, shall
transmit the required funds, in such manner and at such times as
the racing commission shall by procedural rule direct, to the state treasurer for deposit in the state treasury to the credit
of the division of highways state road fund. All funds collected
and received in the state road fund pursuant to the provisions of
this subdivision shall be used by the division of highways in
accordance with the provisions of article seventeen-a, chapter
seventeen of this code for the acquisition of right-of-way for,
the construction of, the reconstruction of and the improvement or
repair of any interstate or other highway, secondary road, bridge
and toll road in the state. If on the first day of July, one
thousand nine hundred eighty-nine, any area encompassing a dog
racetrack has incorporated as a Class I, Class II or Class III
city or as a Class IV town or village, whereas such city, town or
village was not incorporated as such on the first day of January,
one thousand nine hundred eighty-seven, then on and after the
first day of July, one thousand nine hundred eighty-nine, any
balances in the state road fund existing as a result of payments
made under the provisions of this subdivision may be used by the
state road fund for any purpose for which other moneys in the
fund may lawfully be used, and in lieu of further payments to the
state road fund, the licensee of a racetrack which is located in
the municipality shall thereafter pay three tenths of one percent of the pari-mutuel pools into the general fund of the
municipality. If no incorporation occurs before the first day of
July, one thousand nine hundred eighty-nine, then payments to the
state road fund shall thereafter continue as provided for under
the provisions of this subdivision.
A dog racing licensee, before deducting the commissions
authorized by this subdivision, shall give written notification
to the racing commission not less than thirty days prior to any
change in the percentage rates for the commissions. The racing
commission shall prescribe blank forms for filing the
notification. The notification shall disclose the following:
(A) The revised commissions to be deducted from the pari-mutuel
pools each day on win, place and show betting and on different
forms of multiple bettings; (B) the dates to be included in the
revised betting; (C) such other information as may be required by
the racing commission.
The licensee shall establish a special fund to be used only
for capital improvements or long-term debt amortization or both:
Provided, That any licensee, heretofore licensed for a period of
eight years prior to the effective date of the amendment made to
this section during the regular session of the Legislature held in the year one thousand nine hundred eighty-seven, shall
establish the special fund to be used only for capital
improvements or physical plant maintenance, or both, at the
licensee's licensed facility or at the licensee's commonly owned
racing facility located within this state. Deposits made into
the funds shall be in an amount equal to twenty-five percent of
the increased rate total over and above the applicable rate in
effect as of the first day of January, one thousand nine hundred
eighty-seven, of the pari-mutuel pools for the day. Any amount
deposited into the funds must be expended or liability therefor
incurred within a period of two years from the date of deposit.
Any funds not expended shall be transferred immediately into the
state general fund after expiration of the two-year period.
The licensee shall make a deposit into a special fund
established by the licensee and used for payment of regular
purses offered for dog racing, which deposits out of the
licensee's commissions for each day shall be three and seventy-
five one-hundredths percent of the pari-mutuel pools.
The licensee shall further establish a special fund to be
used exclusively for marketing and promotion programs; the funds
shall be in an amount equal to five percent over and above the applicable rates in effect as of the first day of January, one
thousand nine hundred eighty-seven of the total pari-mutuel pools
for the day.
The racing commission shall prepare and transmit annually to
the governor and the Legislature a report of the activities of
the racing commission under this subdivision. The report shall
include a statement of: The amount of commissions retained by
licensees; the amount of taxes paid to the state; the amounts
paid to municipalities, counties and the division of highways dog
racing fund; the amounts deposited by licensees into special
funds for capital improvements or long-term debt amortization and
a certified statement of the financial condition of any licensee
depositing into the fund; the amounts paid by licensees into
special funds and used for regular purses offered for dog racing;
the amounts paid by licensees into special funds and used for
marketing and promotion programs; and such other information as
the racing commission may consider appropriate for review.
The racing commission shall report to the governor,
president of the Senate, speaker of the House of Delegates and
the Legislature on or before the thirty-first day of December,
one thousand nine hundred ninety-three, on the effects of the amendments to this article by the acts of the Legislature,
regular session, one thousand nine hundred eighty-seven, on dog
racing licensees and pari-mutuel taxation for use by the
Legislature in review of the amendments.
(c) In addition to any commission, a licensee of horse race
or dog race meetings shall also be entitled to retain the
legitimate breakage, which shall be made and calculated to the
dime, and from the breakage, the licensee of a horse race meeting
(excluding dog race meetings), shall deposit daily fifty percent
of the total of the breakage retained by the licensee into the
special fund created pursuant to the provisions of subdivision
(1), subsection (b) of this section for the payment of regular
purses.
(d) The director of audit, and any other auditors employed
by the racing commission who are also certified public
accountants or experienced public accountants, shall have free
access to the space or enclosure where the pari-mutuel system of
wagering is conducted or calculated at any horse or dog race
meeting for the purpose of ascertaining whether or not the
licensee is deducting and retaining only a commission as provided
in this section and is otherwise complying with the provisions of this section. They shall also, for the same purposes only, have
full and free access to all records and papers pertaining to the
pari-mutuel system of wagering and shall report to the racing
commission in writing, under oath, whether or not the licensee
has deducted and retained any commission in excess of that
permitted under the provisions of this section or has otherwise
failed to comply with the provisions of this section.
(e) No licensee shall permit or allow any individual under
the age of eighteen years to wager at any horse or dog racetrack,
knowing or having reason to believe that the individual is under
the age of eighteen years.
(f) Notwithstanding the foregoing provisions of subdivision
(1), subsection (b) of this section, to the contrary, a
thoroughbred licensee qualifying for and paying the alternate
reduced tax on pari-mutuel pools provided in section ten of this
article shall distribute the commission authorized to be deducted
by subdivision (1), subsection (b) of this section as follows:
(i) The licensee shall pay the alternate reduced tax provided in
section ten of this article; (ii) the licensee shall pay one
tenth of one percent of the pari-mutuel pools into the general
fund of the county commission of the county in which the racetrack is located, except if within a municipality, then to
the municipal general fund; (iii) the licensee shall pay one half
of the remainder of the commission into the special fund
established by the licensee and to be used for the payment of
regular purses offered for thoroughbred racing by the licensee;
and (iv) the licensee shall retain the amount remaining after
making the payments required in this subsection.
(g) Each kennel which provides or races dogs owned or leased
by others shall furnish to the commission a surety bond in an
amount to be determined by the commission to secure the payment
to the owners or lessees of the dogs the portion of any purse
owed to the owner or lessee.
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.
ARTICLE 22A. RACETRACK VIDEO LOTTERY.
§29-22A-10. Accounting and reporting; commission to provide
communications protocol data; distribution of net terminal
income; remittance through electronic transfer of funds;
establishment of accounts and nonpayment penalties;
commission control of accounting for net terminal income;
settlement of accounts; manual reporting and payment may be
required; request for reports; examination of accounts and records.
(a) The commission shall provide to manufacturers, or
applicants applying for a manufacturer's permit, the protocol
documentation data necessary to enable the respective
manufacturer's video lottery terminals to communicate with the
commission's central computer for transmitting auditing program
information and for activation and disabling of video lottery
terminals.
(b) The gross terminal income of a licensed racetrack shall
be remitted to the commission through the electronic transfer of
funds. Licensed racetracks shall furnish to the commission all
information and bank authorizations required to facilitate the
timely transfer of moneys to the commission. Licensed racetracks
must provide the commission thirty days' advance notice of any
proposed account changes in order to assure the uninterrupted
electronic transfer of funds. From the gross terminal income
remitted by the licensee to the commission, the commission shall
deduct an amount sufficient to reimburse the commission for its
actual costs and expenses incurred in administering racetrack
video lottery at the licensed racetrack and the resulting amount
after such the deduction shall be is the net terminal income. The amount deducted for administrative costs and expenses of the
commission may not exceed four percent of gross terminal income.
(c) Net terminal income shall be divided as set out in this
subsection. The licensed racetrack's share shall be is in lieu
of all lottery agent commissions and is considered to cover all
costs and expenses required to be expended by the licensed
racetrack in connection with video lottery operations. The
division shall be made as follows:
(1) The commission shall receive thirty twenty-nine and
one-half percent of net terminal income, which shall be paid into
the general revenue fund of the state to be appropriated by the
Legislature;
(2) Fourteen percent of net terminal income at a licensed
racetrack shall be deposited in the special fund established by
the licensee and used for payment of regular purses in addition
to other amounts provided for in article twenty-three, chapter
nineteen of this code;
(3) The county where the video lottery terminals are located
shall receive two percent of the net terminal income: Provided,
That:
(A) Beginning the first day of July, one thousand nine hundred ninety-nine, and thereafter, any amount in excess of the
two percent received during fiscal year one thousand nine hundred
ninety-nine by a county in which a racetrack is located that has
participated in the West Virginia thoroughbred development fund
since on or before the first day of January, one thousand nine
hundred ninety-nine, shall be divided as follows:
(i) The county shall receive fifty percent of the excess
amount; and
(ii) The municipalities of the county shall receive fifty
percent of the excess amount, said the fifty percent to be
divided among the municipalities on a per capita basis as
determined by the most recent decennial United States census of
population; and
(B) Beginning the first day of July, one thousand nine
hundred ninety-nine, and thereafter, any amount in excess of the
two percent received during fiscal year one thousand nine hundred
ninety-nine by a county in which a racetrack other than a
racetrack described in paragraph (A) of this proviso is located
and where the racetrack has been located in a municipality within
the county since on or before the first day of January, one
thousand nine hundred ninety-nine, shall be divided, if applicable, as follows:
(i) The county shall receive fifty percent of the excess
amount; and
(ii) The municipality shall receive fifty percent of the
excess amount; and
(C) This proviso shall not affect the amount to be received
under this subdivision by any county other than a county
described in paragraph (A) or (B) of this proviso;
(4) One half of one percent of net terminal income shall be
paid for and on behalf of all employees of the licensed racing
association by making a deposit into a special fund to be
established by the racing commission to be used for payment into
the pension plan for all employees of the licensed racing
association;
(5) The West Virginia thoroughbred development fund created
under section thirteen-b, article twenty-three, chapter nineteen
of this code and the West Virginia greyhound breeding development
fund created under section ten, article twenty-three, chapter
nineteen of this code shall receive an equal share of a total of
not less than one and one-half percent of the net terminal
income: Provided, That for any racetrack which does not have a breeder's program supported by the thoroughbred development fund
or the greyhound breeding development fund, the one and one-half
percent provided for in this subdivision shall be deposited in
the special fund established by the licensee and used for payment
of regular purses, in addition to other amounts provided for in
subdivision (2) of this subsection and article twenty-three,
chapter nineteen of this code;
(6) The West Virginia racing commission shall receive one
percent of the net terminal income which shall be deposited and
used as provided in section thirteen-c, article twenty-three,
chapter nineteen of this code;
(7) A licensee shall receive forty-seven percent of net
terminal income;
(8) The tourism promotion fund established in section
twelve, article two, chapter five-b of this code shall receive
three percent of the net terminal income; and
(9) The veterans memorial program shall receive one percent
of the net terminal income until sufficient moneys have been
received to complete the veterans memorial on the grounds of the
state capitol complex in Charleston, West Virginia. The moneys
shall be deposited in the state treasury in the division of culture and history special fund created under section three,
article one-i, chapter twenty-nine of this code: Provided, That
only after sufficient moneys have been deposited in the fund to
complete the veterans memorial and to pay in full the annual
bonded indebtedness on the veterans memorial, not more than
twenty thousand dollars of the one percent of net terminal income
provided for in this subdivision shall be deposited into a
special revenue fund in the state treasury, to be known as the
"John F. 'Jack' Bennett Fund". The moneys in this fund shall be
expended by the division of veterans affairs to provide for the
placement of markers for the graves of veterans in perpetual
cemeteries in this state. The division of veterans affairs shall
promulgate legislative rules pursuant to the provisions of
article three, chapter twenty-nine-a of this code specifying the
manner in which the funds are spent, determine the ability of the
surviving spouse to pay for the placement of the marker and
setting forth the standards to be used to determine the priority
in which the veterans grave markers will be placed in the event
that there are not sufficient funds to complete the placement of
veterans grave markers in any one year, or at all. Upon payment
in full of the bonded indebtedness on the veterans memorial, one hundred thousand dollars of the one percent of net terminal
income provided for in this subdivision shall be deposited in the
special fund in the division of culture and history created under
section three, article one-i, chapter twenty-nine of this code
and be expended by the division of culture and history to
establish a West Virginia veterans memorial archives within the
cultural center to serve as a repository for the documents and
records pertaining to the veterans memorial, to restore and
maintain the monuments and memorial on the capitol grounds, and
not more than twenty thousand dollars shall be deposited in the
"John F. 'Jack' Bennett Fund": Provided, however, That five
hundred thousand dollars of the one percent of net terminal
income shall be deposited in the state treasury in a special fund
of the department of administration, created under section five,
article four, chapter five-a of this code to be used for
construction and maintenance of a parking garage on the state
capitol complex: Provided further, That the remainder of the one
percent of net terminal income shall be deposited in equal
amounts in the capitol dome and improvements fund created under
section two, article four, chapter five-a of this code and
cultural facilities and capitol resources matching grant program
fund created under section three, article one of this chapter
.
(10) One half of one percent of net terminal income, not to
exceed three hundred fifty thousand dollars, shall be paid to the
"Jockeys' Guild Health and Welfare Trust" to be maintained and
administered by "Jockeys' Guild, Inc.", for the purpose of
providing health, disability and retirement benefits to eligible
active, disabled and retired West Virginia jockeys and their
dependents in accordance with eligibility criteria established by
"Jockeys' Guild, Inc.": Provided, That any amount exceeding
three hundred fifty thousand dollars shall be received and paid
by the commission to the state general revenue fund.
(d) Each licensed racetrack shall maintain in its account an
amount equal to or greater than the gross terminal income from
its operation of video lottery machines, to be electronically
transferred by the commission on dates established by the
commission. Upon a licensed racetrack's failure to maintain this
balance, the commission may disable all of a licensed racetrack's
video lottery terminals until full payment of all amounts due is
made. Interest shall accrue on any unpaid balance at a rate
consistent with the amount charged for state income tax
delinquency under chapter eleven of this code,. which The interest shall begin to accrue on the date payment is due to the
commission.
(e) The commission's central control computer shall keep
accurate records of all income generated by each video lottery
terminal. The commission shall prepare and mail to the licensed
racetrack a statement reflecting the gross terminal income
generated by the licensee's video lottery terminals. Each
licensed racetrack must shall report to the commission any
discrepancies between the commission's statement and each
terminal's mechanical and electronic meter readings. The
licensed racetrack is solely responsible for resolving income
discrepancies between actual money collected and the amount shown
on the accounting meters or on the commission's billing
statement.
(f) Until an accounting discrepancy is resolved in favor of
the licensed racetrack, the commission may make no credit
adjustments. For any video lottery terminal reflecting a
discrepancy, the licensed racetrack shall submit to the
commission the maintenance log which includes current mechanical
meter readings and the audit ticket which contains electronic
meter readings generated by the terminal's software. If the meter readings and the commission's records cannot be reconciled, final
disposition of the matter shall be determined by the commission.
Any accounting discrepancies which cannot be otherwise resolved
shall be resolved in favor of the commission.
(g) Licensed racetracks shall remit payment by mail if the
electronic transfer of funds is not operational or the commission
notifies licensed racetracks that remittance by this method is
required. The licensed racetracks shall report an amount equal
to the total amount of cash inserted into each video lottery
terminal operated by a licensee, minus the total value of game
credits which are cleared from the video lottery terminal in
exchange for winning redemption tickets, and remit such the
amount as generated from its terminals during the reporting
period. The remittance shall be sealed in a properly addressed
and stamped envelope and deposited in the United States mail no
later than noon on the day when the payment would otherwise be
completed through electronic funds transfer.
(h) Licensed racetracks may, upon request, receive
additional reports of play transactions for their respective
video lottery terminals and other marketing information not
considered confidential by the commission. The commission may charge a reasonable fee for the cost of producing and mailing any
report other than the billing statements.
(i) The commission has the right to examine all accounts,
bank accounts, financial statements and records in a licensed
racetrack's possession, under its control or in which it has an
interest and the licensed racetrack must shall authorize all
third parties in possession or in control of the accounts or
records to allow examination of any of those accounts or records
by the commission.