(b) Notwithstanding the provisions of subsection (a) of this section, the provisions of this article shall not be construed to prevent in any way the use without a license of any grounds, enclosure or racetrack owned and controlled by any association for any local, county or state fair, horse show or agriculture or livestock exposition, even though horse or dog racing be there conducted, if the pari-mutuel system of wagering upon the results of such horse or dog racing is neither permitted nor conducted with the knowledge or acquiescence of the association conducting such horse or dog racing.
(a) No person not required to be licensed under the provisions of section one of this article shall participate in or have anything to do with horse or dog racing for a purse or a horse or dog race meeting at any licensee's horse or dog racetrack, place or enclosure, where the pari-mutuel system of wagering upon the results of such horse or dog racing is permitted or conducted, as a horse owner, dog owner, jockey, apprentice jockey, exercise boy, kennel keeper, trainer, groom, plater, stable foreman, valet, veterinarian, agent, clerk of the scales, starter, assistant starter, timer, judge or pari-mutuel employee, or in any other capacity specified in reasonable rules and regulations of the racing commission unless such person possesses a permit therefor from the West Virginia racing commission and complies with the provisions of this article and all reasonable rules and regulations of such racing commission.
(b) At least eighty percent of the individuals employed by a licensee at any horse or dog race meeting must be citizens and residents of this state and must have been such citizens and residents for at least one year. For the purpose of this subsection, citizens and residents of this state shall be construed to mean individuals who maintain a permanent place of residence in this state, and have been bona fide residents and citizens of this state for a period of one year immediately prior to the filing of their applications for employment. The provisions of this subsection shall not apply to individuals engaged in the construction of a horse or dog racetrack or in the equipping of same, nor to racing officials designated by the racing commission or racing officials designated by the executive officials of a licensee.
(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 is a thoroughbred and
mounted by a jockey;
(3) "Harness racing" means horse racing in which the horses
participating are harnessed to a sulky, carriage or other vehicle
and does 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) ôPurseö means any purse, stake or award for which a horse
or dog race is run;
(7) ôRacing associationö or ôpersonö means any individual,
partnership, firm, association, corporation or other entity or
organization of whatever character or description;
(8) ôApplicantö 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;
(9) ôLicenseö means the license required by the provisions of
section one of this article;
(10) ôPermitö means the permit required by the provisions of
section two of this article;
(11) ôConstruction permitö means the construction permit
required by the provisions of section eighteen of this article;
(12) ôLicenseeö 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) ôPermit holderö 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) ôConstruction permit holderö 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) ôHold or conductö includes ôassist, aid or abet in
holding or conductingö;
(16) ôRacing commissionö means the West Virginia Racing
Commission;
(17) ôStewardsö 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 of the Racing Commission which rules shall specify the number
of stewards to be appointed, the method and manner of their
appointment and their powers, authority and duties;
(18) ôPari-mutuelö 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) ôPari-mutuel clerkö 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) ôPoolö means a combination of interests in a joint
wagering enterprise or a stake in such enterprise;
(21) ôLegitimate breakageö is the percentage left over in the
division of a pool;
(22) ôTo the dimeö means that wagers shall be figured and paid
to the dime;
(23) ôCodeö means the Code of West Virginia, 1931, as
heretofore and hereinafter amended;
(24) "Accredited thoroughbred horse" means a thoroughbred
horse that is registered with the West Virginia Thoroughbred Breeders Association and that is:
(A) Foaled in West Virginia; or
(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:
(i) 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
(ii) For obtaining veterinary services, documented by
veterinary reports;
(25) ôAccredited West Virginia sireö 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) ôBreeder of an accredited West Virginia horseö is the
owner of the foal at the time it was born in West Virginia;
(27) ôRaiser of an accredited West Virginia horseö 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. In the event the yearling was born in
another state and transported to this state, this definition does
not apply after the December 31, 2007, to any pari-mutuel racing facility located in Jefferson County nor shall it apply after the
December 31, 2012, and thereafter to any pari-mutuel racing
facility located in Hancock County. 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 ôowner of an accredited West Virginia sireö is the
owner of record at the time the offspring is conceived;
(29) The ôowner of an accredited West Virginia horseö means
the owner at the time the horse earned designated purses to qualify
for restricted purse supplements provided in section thirteen-b of
this article;
(30) ôRegistered greyhound ownerö means an owner of a
greyhound that is registered with the National Greyhound
Association;
(31) ôFundö means the West Virginia Thoroughbred Development
Fund established in section thirteen-b of this article; and
(32) ôRegular purseö means both regular purses and stakes
purses.
(b) The racing commission shall consist of three members, not
more than two 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. 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 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) 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.
(d) The racing commission shall have its principal office at
the seat of government, and shall meet annually at its principal office in the month of January, and at any other times and places
designated by its chairman. At the annual meeting the racing
commission shall elect from its membership a chairman 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) 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.
(f) 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.
(b) In addition to the employees referred to above, 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 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) 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, 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, 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) The executive director and all other employees of the
Racing Commission shall serve at the will and pleasure of the
Racing Commission. The executive director 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 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) All compensation and reimbursement for expenses of the
members of the Racing Commission, the executive director 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. No
reimbursement for expenses incurred shall be paid unless an
itemized account, under oath, is first filed with the State
Auditor.
(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 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 under which all horse races, dog
races, horse race meetings and dog race meetings shall be held and
conducted, all of which reasonable rules shall be promulgated in
accordance with the provisions of article three, chapter twenty-
nine-a of this code except that the Racing Commission shall
promulgate separate rules, in accordance with article three,
chapter twenty-nine-a, 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 are being complied with, and for this purpose, the Racing
Commission, its executive director, 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, orders and final decisions and
to take appropriate disciplinary action against any licensee or
permit holder or construction permit holder for a violation or
institute appropriate legal action for enforcement or take
disciplinary action and institute legal action;
(9) By reasonable rules, to authorize stewards, starters and
other racing officials to impose reasonable fines or other
sanctions upon a 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 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;
(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 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. No owner or
operator or any horse owner or trainer or any pari-mutuel clerk
licensed at the track is 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 affairs of any licensee.
(1) If the applicant be an individual, the full name and
address of the applicant;
(2) If the applicant be a partnership, firm or association,
the full name and address of each partner or member thereof, the
name of the partnership, firm or association and its post-office
address;
(3) If the applicant be a corporation, its name, the state of
its incorporation, its post-office address, the full name and
address of each officer and director thereof, and if a foreign
corporation, whether it is qualified to do business in this state;
(4) The dates, totaling not less than two hundred, such
applicant intends to hold or conduct such horse or dog race meeting
(which may be on any day including Sundays);
(5) The location of the horse or dog racetrack, place or
enclosure where such applicant proposes to hold or conduct such
horse or dog race meeting;
(6) Whether the applicant, any partner, member, officer or
director has previously applied for a license under the provisions
of this article or for a similar license in this or any other
state, and if so, whether such license was issued or refused, and,
if issued, whether it was ever suspended or revoked; and
(7) Such other information as the racing commission may
reasonably require which may include information relating to any
criminal record of the applicant, if an individual, or of each
partner or member, if a partnership, firm or association, or of
each officer and director, if a corporation.
(b) Such application shall be verified by the oath or
affirmation of the applicant for such license, if an individual, or
if the applicant is a partnership, firm, association or
corporation, by a partner, member or officer thereof, as the case
may be. When required by the racing commission, an applicant for
a license shall also furnish evidence satisfactory to the racing
commission of such applicant's ability to pay all taxes due the
state, purses, salaries of officials and other expenses incident to
the horse or dog race meeting for which a license is sought. In
the event the applicant is not able to furnish such satisfactory
evidence of such applicant's ability to pay such expenses and fees,
the racing commission may require bond or other adequate security
before the requested license is issued.
(c) Any person desiring to obtain a permit, as required by the provisions of section two of this article, shall make application
therefor on a form prescribed by the racing commission. The
application for any such permit shall be accompanied by the fee
prescribed therefor by the racing commission. Each applicant for
a permit shall set forth in the application such information as the
racing commission shall reasonably require.
(a) All new applicants for licenses issued by the racing
commission, pursuant to section one of this article, shall be
required to furnish fingerprints for examination by the criminal
identification bureau of the division of public safety and the
federal bureau of investigation. The fingerprints shall be
furnished by all persons required to be named in the application
pursuant to subsection (a) of section seven of this article and
shall be accompanied by a signed authorization for the release of
information by the criminal investigation bureau and the federal
bureau of investigation.
(b) The racing commission may require any applicant seeking
the renewal of a license or the issuance or renewal of a permit to
furnish fingerprints for examination by the criminal identification
bureau of the division of public safety and the federal bureau of
investigation. The racing commission may require all or any part
of the persons required to be named in an application pursuant to
section seven of this article to provide fingerprints and the
fingerprints shall be accompanied by a signed authorization for the
release of information by the criminal investigation bureau and the
federal bureau of investigation.
(b) The Racing Commission may deny the application and refuse
to issue the license or permit, as the case may be, which denial
and refusal is final and conclusive unless a hearing is demanded in
accordance with the provisions of section sixteen of this article,
if the Racing Commission finds that the applicant individually, if
an individual, or the partners or members, if a partnership, firm
or association, or the owners and directors, if a corporation:
(1) Has knowingly made false statement of a material fact in
the application or has knowingly failed to disclose any information
called for in the application;
(2) Is or has been guilty of any corrupt or fraudulent act,
practice or conduct in connection with a horse or dog race meeting
in this or any other state;
(3) Has been convicted, within ten years prior to the date of
the application, of an offense which under the law of this state,
of any other state or of the United States of America, shall
constitute a felony or a crime involving moral turpitude;
(4) Has failed to comply with the provisions of this article
or any reasonable rules of the Racing Commission;
(5) Has had a license to hold or conduct a horse or dog race
meeting or a permit to participate therein denied for just cause,
suspended or revoked in any other state;
(6) Has defaulted in the payment of any obligation or debt due
to this state under the provisions of this article;
(7) Is, if a corporation, neither incorporated under the laws of this state nor qualified to do business within this state;
(8) In the case of an application for a license, has failed to
furnish bond or other adequate security, if the same is required by
the Racing Commission under the provisions of section seven of this
article;
(9) In the case of an application for a permit, is unqualified
to perform the duties required for the permit sought; or
(10) In the case of an application for a permit, is, for just
cause, determined to be undesirable to perform the duties required
of the applicant.
(c) In issuing licenses and fixing dates for horse or dog
race meetings at the various horse racetracks and dog racetracks in
this state, the Racing Commission shall consider the horse racing
circuits and dog racing circuits with which the horse racetracks
and dog racetracks in this state are associated or contiguous to
and shall also consider dates which are calculated to increase the
tax revenues accruing from horse racing and dog racing.
(d) A license issued under the provisions of this article is
neither transferable nor assignable to any other racing association
and may not permit the holding or conducting of a horse or dog race
meeting at any horse or dog racetrack, place or enclosure not
specified thereon. However, if the specified horse or dog
racetrack, place or enclosure becomes unsuitable for the horse or
dog race meeting because of flood, fire or other catastrophe, or
cannot be used for any reason, the Racing Commission may, upon application, authorize the horse or dog race meeting, or any
remaining portion thereof, to be conducted at any other racetrack,
place or enclosure available for that purpose, provided that the
owner of the racetrack, place or enclosure willingly consents to
the use.
(e) No type of horse racing or dog racing shall be conducted
by a licensee at any race meeting other than that type for which a
license was issued.
(f) Each permit issued under the provisions of this section
shall be for a period of one year, unless approved otherwise by the
Commission. Effective January 1, 2012, each permit shall be
renewed according to the following schedule: Permits issued to
persons whose date of birth is January 1 through and including
April 30 shall be renewed no later than April 30 of each year;
permits issued to persons whose date of birth is May 1 through and
including August 31 shall be renewed no later than August 31 of
each year; and permits issued to persons whose date of birth is
September 1 through and including December 31 shall be renewed no
later than December 31 of each year. Each permit shall be valid at
all horse or dog race meetings during the period for which it was
issued unless it be sooner suspended or revoked in accordance with
the provisions of this article. A permit issued under the
provisions of this article is neither transferable nor assignable
to any other person.
(g) The Racing Commission shall propose rules for legislative approval in accordance with the provisions of article three,
chapter twenty-nine-a of this code which establish the criteria for
the approval or denial of a license or permit.
§19-23-8a. Applications for Sunday racing; local option election
procedures; protest procedures against approval.
(a) A racing association licensed under the provisions of
section one of this article and operating a horse or dog race track
in a county may make application for permission to conduct horse or
dog racing on Sunday, between the hours of one p.m. and six p.m.,
local time.
Such application shall be filed with the racing commission.
The racing commission shall prescribe blank forms to be used in
making such application.
The racing commission, if it finds such application to be in
order, may grant tentative approval of such application and, if it
grants tentative approval of the application, shall prepare and
publish a notice to the public that the racing commission has
granted tentative approval of the application, that the racing
commission solicits public comment from the citizens of the county
and will hold a public hearing in the county on a date specified in
the notice in the county wherein the horse racing track or dog
racing track is located, that the racing commission shall take such
comment into consideration in deciding whether or not to grant or
deny final approval, and that the racing commission will make final
approval of such application at the expiration of sixty days from
the date of the first publication of such notice, which date shall
be specified in said notice, unless within that time in accordance
with subsection (c) of this section, the county commission of the
county in which such race track is located shall order an election. Such notice shall be published as a Class II legal advertisement in
compliance with the provisions of article three, chapter fifty-nine
of this code, and the publication area for such publication shall
be the county in which the race track is located: Provided, That
prior to granting final approval hereunder, the racing commission
shall solicit public comment from the citizens of the county, and
hold a public hearing in the county on a date specified in the
hearing notice specified above, in the county wherein the horse
racing track or dog racing track is located and shall take such
comment into consideration in deciding whether or not to grant
final tentative approval. If no such election is ordered, the
racing commission shall proceed to consider final approval of the
application.
(b) The county commission shall, upon the written petition of
qualified voters residing within the county equal to at least
fifteen percent of the number of persons who voted in that county
in the next preceding general election, received within the period
specified in subsection (a) of this section, which petition may be
in any number of counterparts, order an election to determine
whether it is the will of the voters of said county that racing be
permitted on Sundays in said county, which election shall be held
at the next primary or general election held in such county. The
racing commission shall permit such racing pending certification of
the results of the election.
(c) If such election is ordered, the county commission shall
give notice of such election by publication of such notice as a
Class II-0 legal advertisement in accordance with the provisions of article three, chapter fifty-nine of this code. Such notice shall
be published within twenty-one consecutive days next preceding the
date of said election.
(d) The ballot, or the ballot labels where voting machines are
used, shall have printed thereon substantially the following:
"Shall the West Virginia Racing Commission be authorized to
approve horse racing on Sundays between the hours of one p.m. and
six p.m. in ________________________ County, West Virginia?
/ / Yes / / No
(Place a cross mark in the square opposite your choice.)"
In a county in which dog racing is conducted, the term "dog
racing" shall be substituted for "horse racing" on the ballot or
ballot label.
(e) Each individual qualified to vote in said county shall be
qualified to vote at such election. The votes in said election
shall be counted and returns made by the election officers and the
results certified by the commissioners of election to said county
commission, which shall canvass the ballots, all in accordance with
the laws of this state relating to general elections insofar as the
same are applicable. The county commission shall, without delay,
canvass the votes cast at such election and certify the results
thereof to the racing commission, and shall transmit a certified
copy of said results to the secretary of state.
(f) After the certification of the results of such election,
the racing commission shall: (1) Grant final approval of an
application for a license which contains racing dates which fall on
Sunday if a majority of the voters voting at such election vote yes, and on such racing dates all racing and other activities
authorized by this article shall be lawful, any other provisions of
this code to the contrary notwithstanding; or (2) deny final
approval of an application for a license which contains racing
dates which fall on Sunday if less than a majority of the voters
voting at such election vote yes.
(g) After an election to determine whether it is the will of
the voters of said county that racing be permitted on Sundays in
said county, another election on such issue shall not be held for
a period of five years.
(h) After five years from such final approval, it shall be the
duty of the county commission upon a petition in writing of
qualified voters residing within the county equal to at least
fifteen percent of the number of persons who voted in that county
in the next preceding general election, which petition may be in
any number of counterparts, to order an election to determine
whether it is the will of the voters of said county that racing on
Sundays be discontinued in said county. The provisions of
subsections (c) and (e) of this section shall govern said election.
The ballot, or the ballot labels where voting machines are used,
shall have printed thereon substantially the following:
"Shall racing of horses on Sunday in ________________ County,
West Virginia, be discontinued?
/ / Yes / / No
(Place a cross mark in the square opposite your choice.)"
In a county in which dog racing is conducted, the word "dogs"
shall be substituted for "horses" on the ballot or ballot label. If it be the will of a majority of the voters of said county that
Sunday racing be discontinued in said county, it shall be the duty
of the racing commission thereafter, for a period of at least five
years and until a subsequent election shall otherwise direct, to
deny applications to race on Sundays in said county.
(i) Upon the written petition of qualified voters residing
within the county equal to at least thirty percent of the number of
persons who voted in that county in the next preceding general
election, which petition may be in any number of counterparts,
presented to the racing commission within sixty days after the
expiration of such publication protesting against such tentative
approval, the approval may not become effective and another
petition may not be filed for a period of five years.
(a) Notwithstanding any other provisions of this code to the
contrary, a racing association licensed under the provisions of
section one of this article and operating a horse or dog racetrack
in a county in which Sunday racing has been approved under
provisions of section eight-a of this article may make applications
to the racing commission for permission to conduct horse or dog
racing after the hour of six o'clock postmeridian on Sundays.
(b) The racing commission, if it finds such application to be
in order, may grant tentative approval of such application and, if
it grants tentative approval, shall prepare and publish a notice to
the public and that the racing commission has granted tentative
approval of the application and that the racing commission will
make final confirmation of such application at the expiration of
sixty days from the date of the first publication of such notice,
which date shall be specified in said notice, unless within that
time a petition for a local option election has been filed in
accordance with subsection (c) of this section with the county
commission of the county in which such racetrack is located. Such
notice shall be published as a Class II legal advertisement in
compliance with the provisions of article three, chapter fifty-nine
of this code, and the publication area for such publication shall
be the county in which the racetrack is located: Provided, That prior to granting tentative approval hereunder, the racing
commission shall solicit public comment from the citizens of the
county wherein the horse racing track or dog racing track is
located and shall take such comment into consideration in deciding
whether or not to grant tentative approval.
(c) The county commission, upon the written petition of
qualified voters residing within the county equal to at least
fifteen percent of the number of persons who voted in that county
in the next preceding general election, which petition may be in
any number of counterparts, shall order an election to determine
whether it is the will of the voters of said county that racing be
permitted after the hour of six o'clock postmeridian on Sundays in
the county.
(d) No election to determine whether it is the will of the
voters of a county that racing be permitted after the hour of six
o'clock postmeridian on Sundays in the county may be held at a
general or primary election or within sixty days of any such
election or in conjunction with any other election.
(e) The ballot, or the ballot labels where voting machines are
used, shall have printed thereon substantially the following:
"Shall the West Virginia Racing Commission be authorized to
approve horse racing on Sundays after the hour of six p.m. in
____________________________ County, West Virginia?
[ ] Yes [ ] No
(Place a cross mark in the square opposite your choice.)"
In a county in which dog racing is conducted, the term "dog
racing" shall be substituted for "horse racing" on the ballot or ballot label.
(f) Each individual qualified to vote in the county is
qualified to vote at the local option election. The votes in the
local option election shall be counted and returns made by the
election officers and the results certified by the commissioners of
election to the county commission, which shall canvass the ballots,
all in accordance with the laws of this state relating to general
elections insofar as the same are applicable. The county
commission shall, without delay, canvass the votes cast at such
local option election and certify the results thereof to the racing
commission and shall transmit a certified copy of the results to
the secretary of state.
(g) The racing commission shall, after the certification of
the results of such local option election, thereafter approve an
application for a license which contains racing dates which fall onSunday for any hour or hours after six o'clock postmeridian if a
majority of the voters voting at such local option election vote
yes and on such racing dates all racing and other activities
authorized by this article are lawful, any other provisions of this
code to the contrary notwithstanding.
(a) Notwithstanding any other provision of law to the
contrary, no license for dog racing may be issued for dog racing in
any county wherein horse racing has been conducted at any time
during the fifteen years preceding the application for such
license, unless first approved by the voters of the county in which
the proposed dog racing track is to be located. The county
commission of any county in which horse racing has been conducted
at any time during such fifteen-year period and in which a proposed
dog racing track is to be located is hereby authorized to call a
local option election for the purpose of determining the will of
the qualified voters within said county as to whether the racing
commission may approve an application for a license for dog racing
if the application and the applicant are otherwise in compliance
with the provisions of this article and this code.
(b) The county commission may order an election to determine
whether it is the will of the voters of said county that dog racing
be permitted in said county.
(c) Any election to determine whether it is the will of the
voters of said county that dog racing be permitted in said county
shall be held at a general or primary election.
(d) The county commission shall give notice of such election
by publication of such notice as a Class II-0 legal advertisement
in accordance with the provisions of article three, chapter fifty-nine of this code. Such notice shall be published within twenty-one consecutive days next preceding the date of said election.
(e) The ballot, or the ballot labels where voting machines are
used, shall have printed thereon substantially the following:
"Shall the West Virginia Racing Commission be authorized to
approve dog racing in ___________________ County, West Virginia?
[ ] Yes [ ] No
(Place a cross mark in the square opposite your choice.)"
(f) The racing commission may, after the certification of the
results of such local option election, thereafter approve an
application for a license for dog racing if a majority of the
voters voting at such local option election vote yes.
(g) After an election to determine whether it is the will of
the voters of the county that dog racing be permitted in said
county, another election on such issue shall not be held for a
period of five years.
(h) If at such election a majority of the voters of said
county shall approve dog racing in said county, it is lawful for the county commission, after five years from such approval, and it
shall be the duty of the county commission upon a petition in
writing of qualified voters residing within the county equal to at
least fifteen percent of the number of persons who voted in that
county in the next preceding general election, which petition may
be in any number of counterparts, to order an election to determine
whether it is the will of the voters of said county that dog racing
be discontinued in said county. The provisions of subsection (c),
(d) and (e) of this section shall govern said election. The
ballot, or the ballot labels where voting machines are used, shall
have printed thereon substantially the following:
"Shall racing of dogs in _______________________ County, West
Virginia be discontinued?
[ ] Yes [ ] No
(Place a cross mark in the square opposite your choice.)"
(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 mentioned in this subdivision, the licensee: (i) Shall pay the
pari-mutuel pools tax provided 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 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; and
(iv) Any licensee 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 make a
deposit into a special fund to be established by the Racing
Commission and to be used for the payment of breeders awards,
restrictive races and stakes purses as authorized by section
thirteen-b of this article, which deposits out of pari-mutuel pools
shall, from the effective date of this section, be two percent of the pools. The remainder of the commission shall be retained by
the licensee.
Each licensee that permits or conducts pari-mutuel wagering at
the licensee's thoroughbred horse racetrack shall annually pay five
hundred thousand dollars from the special fund required by this
section to be established by the licensee for the payment of
regular purses offered for thoroughbred racing by the licensee into
a special fund established by the Racing Commission for transfer to
a pension plan established by the Racing Commission for all back
stretch personnel, including, but not limited to, exercise riders,
trainers, grooms and stable forepersons licensed by the Racing
Commission to participate in horse racing in this state and their
dependents.
Each thoroughbred racetrack licensee is authorized to enter
into an agreement with its local Horsemen's Benevolent and
Protective Association under which an agreed upon percentage of up
to two percent of purses actually paid during the preceding month
may be paid to the local Horsemen's Benevolent and Protective
Association from the special fund required by this section for
their respective medical trusts for backstretch personnel and
administrative fees.
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 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 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; and (iv) any licensee 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 make a deposit into a special fund to be established by the
Racing Commission and to be used for the payment of breeder awards,
for restrictive races and stakes purses which deposits out of
pari-mutuel pools shall, from the effective date of this section,
be two percent of the pools. 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 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 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 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 Municipal General Fund; 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 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; and
(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.
(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.
(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 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 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 1991 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
$280,000 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 $300,000 the daily pari-mutuel pool tax shall be
$1,000 plus the otherwise applicable percentage rate imposed by
this subsection of the daily pari-mutuel pool, if any, in excess of
$300,000: Provided further, That upon the effective date of the
reduction of the daily pari-mutuel pool tax to $1,000 from the
former $2,000, the association or licensee shall daily deposit $500
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 December 31, 1992.
(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 $100,000 wagered, or
any part thereof; four percent of the next $150,000; 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 $50,000 or any part thereof of
the pari-mutuel pools, five percent of the next $50,000 of the
pari-mutuel pools, six percent of the next $100,000 of the
pari-mutuel pools, seven percent of the next $150,000 of the
pari-mutuel pools, and eight percent of all over $350,000 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 1990; fifteen
hundredths of one percent in fiscal year 1991; two tenths of one
percent in fiscal year 1992; one quarter of one percent in fiscal
year 1993; and three tenths of one percent in fiscal year 1994 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, training track facilities and
racing of greyhounds in the state through awards and purses to bona
fide resident registered greyhound owners of accredited West
Virginia whelped greyhounds. In order to participate and be
eligible to receive an award or purse through the fund, the
registered greyhound owner must have an appropriate license from
the Racing Commission to race in West Virginia. The registered
greyhound dam at the time of breeding must be wholly or solely
owned or leased by a bona fide resident or residents of West
Virginia. The accredited West Virginia whelped greyhound must be
wholly or solely owned by a bona fide resident or residents 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 shall maintain a registry for West Virginia bred greyhounds. The moneys shall be expended by the
Racing Commission for purses for stake races, training track
facilities, supplemental purse awards, administration, promotion,
education and greyhound adoption 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 $75,000 for the fiscal year
ending June 30, 1994. 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 points 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 points 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 point value at all greyhound tracks shall be the same as
approved by the Racing Commission to be effective April 1, 2007.
The West Virginia Greyhound Owners and Breeders Association shall
submit a list of any additions or deletions to the registry of
accredited West Virginia whelped greyhounds on the first of each
month. The Racing Commission shall not require anyone to be a
member of a particular association in order to participate in the
West Virginia Greyhound Breeding Development Fund.
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 points earned at a meet held at a track
which did not make contributions to the West Virginia Greyhound
Breeding 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: Provided, That not more than $2 million from the balance in the
purse supplemental fund shall be used for the construction and
maintenance of two dog training track facilities if such be
approved by the Racing Commission: Provided, however, That not
more than $1 million may be allocated for the construction and
maintenance of each training track: Provided further, That both
training track facilities must be located in West Virginia. The
West Virginia Racing Commission shall be authorized to promulgate
rules governing dog training tracks: And provided further, That
the Racing Commission shall: (1) Provide a process in its rules
for competitive bidding of the construction or maintenance, or
both, of the training tracks; and (2) set standards to assure that
only the actual costs of construction and maintenance shall be paid
out of the foregoing fund.
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 $50,000 per annum, to be paid in equal
quarterly installments of $12,500 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 July 1, 1993, and ending June 30, 1996. 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. Each pari-mutuel dog track shall provide at least
three restricted races for accredited West Virginia whelped
greyhounds per race card: Provided, however, That sufficient dogs
are available. To assure breeders of accredited West Virginia
whelped greyhounds an opportunity to participate in the West
Virginia Greyhound Breeding Development Fund the West Virginia
Racing Commission by July 1, each year shall establish and announce
the minimum number of accredited West Virginia whelped greyhounds
that greyhound racing kennels at West Virginia dog tracks must have
on their racing active list during the calendar year following such
action. The minimum number may vary from dog track to dog track.
The minimum number shall be established after consultation with the
West Virginia Greyhound Owners and Breeders Association and kennel
owners and operators. Factors to be considered in establishing
this minimum number shall be the number of individually registered
accredited West Virginia whelped greyhounds whelped in the previous
two years. The number of all greyhounds seeking qualification at
each West Virginia dog track, the ratio of active running
greyhounds to housed number of greyhounds at each West Virginia dog
track, and the size and number of racing kennels at each West
Virginia dog track. Any greyhound racing kennel not having the
minimum number of accredited West Virginia whelped greyhounds
determined by the West Virginia Racing Commission on their active
list shall only be permitted to race the maximum allowable number on the active list less the number of accredited West Virginia
whelped greyhounds below the established minimum number.
Consistent violations of this minimum requirement may be reviewed
by the Racing Commission and may constitute cause for denial or
revocation of a kennel's racing license. The Racing Commission
shall oversee and approve racing schedules and purse amounts.
Ten percent of the deposits into the greyhound breeding
development fund beginning July 1, 1993 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, education, capital
improvement and greyhound adoption programs to include spaying and
neutering account". The Racing Commission is authorized to expend
the moneys deposited in the administration, promotion, education,
capital improvement and greyhound adoption programs to include
spaying and neutering 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 1995 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, education, capital improvement and
greyhound adoption programs to include spaying and neutering. The
commission shall make an annual report to the Legislature on the
status of the administration, promotion, education, capital
improvement and greyhound adoption programs to include spaying and
neutering account, including the previous year's expenditures and
projected expenditures for the next year.
The Racing Commission, for the fiscal year 1994 only, may
expend up to $35,000 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.
§19-23-11. Revenues from horse racing and dog racing to be paid
into a special account to fund commission expenses.
All revenues collected pursuant to the provisions of this
article as license taxes or pari-mutuel pools taxes on horse racing
and dog racing shall be paid by the racing commission to the state
treasurer who shall deposit the revenues in a special account to be
denominated by him or her. The revenues in the special account
shall first be available to the commission to pay salaries and
other budgeted expenses for the commission, not to exceed the
amounts appropriated for such purposes in the budget bill for each
fiscal year. Revenues in excess of the budgeted expenses of the
commission shall be accumulated and transferred to the general
revenue fund. The racing commission shall remit all collected
revenues to the state treasurer at least one time during each
thirty-day period of each racing season, and a final remittance as
to any particular horse race or dog race meeting shall be made
within thirty days from and after the close of each horse race or
dog race meeting.
§19-23-12a. Pari-mutuel wagering on interstate and intrastate
horse and dog racing.
(1) Notwithstanding any other provisions of this code, a
racing association licensed in this state to conduct race meetings
may, with the consent of the racing commission and the written
approval of the authorized representative of a majority of the
owners and trainers who hold the permit required by section two of
this article at the horse racetrack, contract with any legal
wagering entity in this or any other state to accept wagers on any
race or races conducted by such legal wagering entity. Unless the
wager becomes part of the host licensee's pari-mutuel pool, such
wagering shall be conducted within the confines of such licensee's
racetrack or at a hotel as defined in section three, article six,
chapter sixteen of this code, controlled by such licensee and
contiguous to the licensee's property, subject to the following
requirements:
(a) That such hotel contain at least one hundred rooms and be
in existence on the effective date of this section;
(b) That the licensee shall have invested at least one million
dollars in the hotel; and
(c) That such hotel is within one-half mile of the licensee's
racetrack surface.
(2) Such horse association shall retain a basic commission not
to exceed seventeen and twenty-five one-hundredths percent of all
money wagered, plus an additional amount equal to one and seventy-five one-hundredths percent of the amount wagered each day on all
multiple wagers determined by a combination of two winning horses,
including, but not limited to, the daily double, quinella and
perfecta or plus an additional amount equal to seven and seventy-five one-hundredths percent of the amount wagered each day on all
trifecta wagers or any other multiple wager which involves a single
betting interest on three or more horses. Breakage shall be
calculated and distributed in the manner provided by subsection
(c), section nine of this article.
(3) The commission deducted by any licensee from the pari-mutuel pools on dog racing shall not exceed sixteen and one-fourth
percent of the total of such pari-mutuel pools for the day.
(4) Out of the commission retained or deducted by a licensee
under the provisions of subsections (2) and (3) of this section,
the licensee 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 such
municipality's general fund.
(5) The association shall pay each day a pari-mutuel pools tax
calculated under the provisions of section ten of this article.
(6) After deducting the county or municipal share provided for
in subsection (4) of this section and the pari-mutuel pools tax
required by subsection (5) of this section, and the amount required
to be paid under the terms of the contract with the legal wagering
entity of this or another state and the cost of transmission, the
horse racing association shall make a deposit equal to fifty
percent of the remainder into the purse fund established under the provisions of subdivision (b), subsection (1), section nine of this
article.
(7) 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, U.S. Code, shall be instructive as the
intent of this section.
(8) For the purposes of this section the words "legal wagering
entity" shall be limited to any person engaged in horse racing or
dog racing pursuant to a license or other permission granted by the
state in which such person's racetrack is situated and conducting
race meetings, with a pari-mutuel wagering system permitted under
that state's laws and in which the participants are wagering with
each other and not the operator.
(1) "Televised racing day" means a calendar day, assigned by
the commission, at a licensed racetrack on which pari-mutuel
betting is conducted on horse or dog races run at other racetracks
in this state or at racetracks outside of this state which are
broadcast by television at a licensed racetrack and which day or
days have had the prior written approval of the representative of
the majority of the owners and trainers who hold permits required
by section two of this article; and
(2) "Host racing association" means any person who, pursuant
to a license or other permission granted by the host governmental
entity, conducts the horse or dog race upon which wagers are
placed.
(b) A licensee conducting not less than two hundred twenty
live racing dates for each horse or dog race meeting may, with the
prior approval of the state racing commission, contract with any
legal wagering entity in this state or in any other governmental
jurisdiction to receive telecasts and accept wagers on races
conducted by the legal wagering entity: Provided, That at those
thoroughbred racetracks the licensee, in applying for racing dates,
shall apply for not less than two hundred ten live racing dates for
each horse race meeting: Provided, however, That at those
thoroughbred racetracks that have participated in the West Virginiathoroughbred 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, the licensee may
apply for not less than one hundred fifty-nine live racing dates
during the calendar year of one thousand nine hundred ninety-seven.
If, thereafter, for reasons beyond the licensee's control, related
to adverse weather conditions, unforeseen casualty occurrences or
a shortage of thoroughbred horses eligible to compete for purses,
the licensee concludes that this number of racing days cannot be
attained, the licensee may file a request with the racing
commission to reduce the authorized live racing days. Upon receipt
of the request the racing commission shall within seventy-two hours
of the receipt of the request notify the licensee and the
representative of a majority of the owners and trainers at the
requesting track and the representative of the majority of the
mutuel clerks at the requesting track that such request has been
received and that if no objection to the request is received within
ten days of the notification the request will be approved:
Provided further, That the commission shall give consideration to
whether there existed available unscheduled potential live racing
dates following the adverse weather or casualty and prior to the
end of the race meeting which could be used as new live racing
dates in order to maintain the full live racing schedule previously
approved by the racing commission. If an objection is received by
the commission within the time limits, the commission shall, withinthirty days of receipt of such objection, set a hearing on the
question of reducing racing days, which hearing shall be conducted
at a convenient place in the county in which the requesting
racetrack is located. The commission shall hear from all parties
concerned and, based upon testimony and documentary evidence
presented at the hearing, shall determine the required number of
live racing days: And provided further, That the commission shall
not reduce the number of live racing days below one hundred
eighty-five days for a horse race meeting unless the licensee
requesting such reduction has: (i) Filed with the commission a
current financial statement, which shall be subject to independent
audit; and (ii) met the burden of proving that just cause exists
for such requested reduction in live racing days. The telecasts
may be received and wagers accepted at any location authorized by
the provisions of section twelve-a of this article. The contract
must receive the approval of the representative of the majority of
the owners and trainers who hold permits required by section two of
this article at the receiving thoroughbred racetrack.
(c) The commission may allow the licensee to commingle its
wagering pools with the wagering pools of the host racing
association. If the pools are commingled, the wagering at the
licensee's racetrack must be on tabulating equipment capable of
issuing pari-mutuel tickets and be electronically linked with the
equipment at the sending racetrack. Subject to the approval of the
commission, the types of betting, licensee commissions anddistribution of winnings on pari-mutuel pools of the sending
licensee racetrack are those in effect at the licensee racetrack.
Breakage for pari-mutuel pools on a televised racing day must be
calculated in accordance with the law or rules governing the
sending racetrack and must be distributed in a manner agreed to
between the licensee and the sending racetrack. For the televised
racing services it provides, the host racing association shall
receive a fee to be paid by the receiving licensee racetrack which
shall be in an amount to be agreed upon by the receiving licensee
racetrack and the host racing association.
(d) The commission may assign televised racing days at any
time. When a televised racing day is assigned, the commission
shall assign either a steward or an auditor to preside over the
televised races at the licensee racetrack.
(e) (1) From the licensee commissions authorized by subsection
(c) of this section, the licensee shall pay one tenth of one
percent of each commission into the general fund of the county, in
which the racetrack is located and at which the wagering occurred
and there is imposed and the licensee shall pay, for each televised
racing day on which the total pari-mutuel pool exceeds one hundred
thousand dollars, the greater of either: (i) The total of the
daily license tax and the pari-mutuel pools tax required by section
ten of this article; or (ii) a daily license tax of one thousand
two hundred fifty dollars. For each televised racing day on which
the total pari-mutuel pool is one hundred thousand dollars or less,the licensee shall pay a daily license tax of five hundred dollars
plus an additional license tax of one hundred dollars for each ten
thousand dollars, or part thereof, that the pari-mutuel pool
exceeds fifty thousand dollars, but does not exceed one hundred
thousand dollars. The calculation of the total pari-mutuel pool
for purposes of this subsection shall include only one half of all
wagers placed at a licensed racetrack in this state on televised
races conducted at another licensed racetrack within this state.
Payments of the tax imposed by this section are subject to the
requirements of subsection (e), section ten of this article.
(2) From the licensee commissions authorized by subsection (c)
of this section, after payments are made in accordance with the
provisions of subdivision (1) of this subsection, the licensee
shall pay, for each televised racing day, one fourth of one percent
of the total pari-mutuel pools for and on behalf of all employees
of the licensed racing association by making a deposit into a
special fund to be established by the racing commission and to be
used for payments into the pension plan for all employees of the
licensed racing association.
(3) From the licensee commissions authorized by subsection (c)
of this section, after payments are made in accordance with the
provisions of subdivisions (1) and (2) of this subsection,
thoroughbred licensees shall pay, one-half percent of net
simulcast income and for each televised racing day on or after the
first day of July, one thousand nine hundred ninety-seven, anadditional five and one-half percent of net simulcast income into
the West Virginia thoroughbred development fund established by the
racing commission according to section thirteen-b of this article:
Provided, That no licensee qualifying for the alternate tax
provisions of subsection (b), section ten of this article shall be
required to make the payments unless the licensee has participated
in the West Virginia thoroughbred development fund for a period of
more than four consecutive calendar years prior to the thirty-first
day of December, one thousand nine hundred ninety-two. For the
purposes of this section, the term "net simulcast income" means the
total commission deducted each day by the licensee from the
pari-mutuel pools on simulcast horse or dog races, less direct
simulcast expenses, including, but not limited to, the cost of
simulcast signals, telecommunication costs and decoder costs.
(f) After deducting the tax and other payments required by
subsection (e) of this section, the amount required to be paid
under the terms of the contract with the host racing association
and the cost of transmission, the horse racing association shall
make a deposit equal to fifty percent of the remainder into the
purse fund established under the provisions of subdivision (1),
subsection (b), section nine of this article. After deducting the
tax and other payments required by subsection (e) of this section,
dog racetracks shall pay an amount equal to two tenths of one
percent of the daily simulcast pari-mutuel pool to the "West
Virginia Racing Commission Special Account-West Virginia GreyhoundBreeding Development Fund".
(g) The provisions of the "Federal Interstate Horseracing Act
of 1978", also known as Public Law 95-515, Section 3001-3007 of
Title 15, U.S. Code, as amended, controls in determining the intent
of this section.
(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.
(b) Defined words and phrases. --
(1) "Applicant" means any gaming licensee who is licensed
under article twenty-five, chapter twenty-nine of this code,
applying for a license under this section to conduct pari-mutuel
wagering on televised horse and dog races.
(2) "Designated pari-mutuel wagering area" means one or more
specific areas of an existing historic resort hotel within which
the Racing Commission has authorized the gaming licensee to offer
pari-mutuel wagering to patrons of the hotel.
(3) "Gaming facility" means a designated area on the premises
of an existing historic resort hotel in which pari-mutuel wagering
is conducted by a gaming licensee.
(4) "Gaming licensee" means the licensed operator of a gaming
facility under article twenty-five, chapter twenty-nine of this
code, who is also licensed under this article to offer pari-mutuel
wagering on simulcast horse or dog races or on both types of races.
(5) "Historic resort hotel" means a historic resort hotel as defined in section two, article twenty-five, chapter twenty-nine of
this code.
(6) "In-state host track" means a racetrack within this state
licensed to conduct horse or dog race meetings at which pari-mutuel
wagering is conducted and which is an in-state sending track.
(7) "In-state sending track" means a racetrack in this state
licensed under this article to conduct horse or dog race meetings
at which pari-mutuel wagering is conducted and which is equipped to
conduct simulcasting of those races and intertrack pari-mutuel
wagering on those races.
(8) "In-state track" means an in-state host track or an
in-state sending track.
(9) "Interstate common pool" means a pari-mutuel pool
established within this state or in another state or foreign nation
within which is combined comparable pari-mutuel pools of one or
more receiving legal wagering entities located in one or more
states or foreign nations upon a race at a sending track located
within or outside of this state for the purpose of establishing
payoff prices in the various jurisdictions.
(10) "Intertrack wagering" means parimutuel wagering on
simulcast horse or dog races held at an in-state sending track by
patrons at a gaming facility licensed under this section and the
electronic transmission of the wagers to the in-state sending
track.
(11) "License" means a license issued by the Racing Commission pursuant to this section, including:
(A) A license to operate a gaming facility in which
pari-mutuel wagering on simulcast races will be available to
patrons;
(B) A license to be employed in connection with the operation
of a gaming facility at which pari-mutuel wagering is offered on
simulcast races; or
(C) A license to provide management services under a contract
to a gaming facility licensed under this article.
(12) "Licensed gaming facility employee" means any individual
licensed or registered to be employed by a gaming licensee in
connection with the operation of a pari-mutuel wagering pursuant to
this section.
(13) "Out-of-state host track" means a racetrack in a
jurisdiction other than this state, the operator of which is
lawfully permitted to conduct a horse or dog race meeting and which
conducts horse or dog races upon which pari-mutuel wagers may be
placed.
(14) "Out-of-state track" means an out-of-state host track or
an out-of-State sending track.
(15) "Out-of-state sending track" means a racetrack in a
jurisdiction other than the State of West Virginia which is
lawfully permitted to conduct a horse or dog race meeting and to
provide simulcast horse or dog races to a racetrack in this state.
(16) "Participation agreement" means the written contract that provides for the establishment or implementation of simulcasting of
horse or dog races and pari-mutuel wagering. Each contract shall
set forth the manner in which the pari-mutuel wagering system shall
be managed, operated and capitalized, as well as how expenses and
revenues shall be allocated and distributed by and among the
licensed gaming facility under this section and the other eligible
participants in the contract.
(17) "Premises of an existing historic resort hotel" means the
historic resort hotel, attachments of the historic resort hotel,
and the traditional, immediate grounds of the historic resort
hotel.
(18) "Receiving gaming facility" means a licensed racetrack or
authorized gaming facility within this state licensed under this
article which is equipped to receive simulcast horse and dog races
and to conduct intertrack or interstate wagering on those races.
(19) "Simulcast horse or dog races" means horse or dog races
conducted at an in-state sending track or an out-of-state sending
track, as the case may be, and transmitted simultaneously by
picture to the authorized gaming facility licensed under this
section or other legal wagering facility.
(20) "Simulcasting" means the simultaneous audio or visual
transmission of horse or dog races conducted at in-state and
out-of-state racetracks to the gaming facility licensee under this
section and pari-mutuel wagering on the results of those races.
(c) Application for license. -- An applicant who is licensed under article twenty-five, chapter twenty-nine of this code may
apply to the West Virginia Racing Commission for a license to
conduct at the historic resort hotel pari-mutuel wagering on
simulcast horse and dog races held at a licensed racetrack in this
state, or in another jurisdiction, where pari-mutuel wagering is
permitted and conducted. The application shall be submitted in the
form prescribed by the commission and provide the information
required by the commission.
(d) Issuance of license. -- Within sixty days after an
application is filed pursuant to subsection (b) of this section,
the Racing Commission shall act on the application and either grant
or deny the application: Provided, That issuance of the license
shall not be unreasonably withheld. Once issued, the license shall
expire, be renewed, revoked or suspended on the same basis as
licenses issued under this article to racetracks to hold live
racing and conduct pari-mutuel wagering.
(e) Transmission of races from in-state sending tracks. -- An
in-state sending track may transmit to a gaming licensee under this
section all or some of the live races conducted at the racetrack.
(f) Receipt of simulcasts transmitted from out-of-state
tracks. -- The gaming licensee under this section may, in
accordance with this article, and any applicable rules of the
Racing Commission and with the approval of the commission, receive
at the facility simulcast horse or dog races, or both, conducted at
out-of-state sending tracks.
(g) Payments to sending track. - The authorized gaming
facility receiving a simulcast horse or dog race from an
out-of-state sending track shall pay to the out-of-state sending
track for the transmission such amount, if any, as may be agreed
upon by the authorized gaming facility and the out-of-state sending
track. The authorized gaming facility accepting pari-mutuel wagers
on a horse or dog race conducted at an out-of-state host track
shall pay to the out-of-state host track such amount, if any, as
provided for in the agreement, if any, between the authorized
gaming facility and the out-of-state host track.
(h) Conditions for participation by out-of-state tracks;
interstate common pools. --
(1) Except as provided in subdivision (2) of this subsection,
the Racing Commission shall not permit an out-of-state sending
track or an out-of-state host track to participate in simulcast
pari-mutuel wagering or qualify as an out-of-state host track,
respectively, unless the pari-mutuel pools respecting the
authorized gaming facility under this article are combined with
comparable pari-mutuel pools at the out-of-state track. The types
of wagering, takeout, distribution of winnings, rules of racing,
method of calculating breakage, and the percentage of deposits
remaining undistributed from a pari-mutuel pool after payment is
made to winning ticket holders shall be determined in accordance
with the law or policy applicable to the out-of-state track.
(2) With the prior approval of the Racing Commission and the concurrence of the out-of-state track, an authorized gaming
facility under this article and receiving tracks or entities in
other states other than the state in which the out-of-state track
is located may form an interstate common pool. With respect to
such interstate common pools, the Racing Commission may approve
types of wagering, takeout, distribution of winnings, rules of
racing, method of calculating breakage, and a percentage of
deposits remaining undistributed from a parimutuel pool after
payment is made to winning ticket holders which are different from
those which would otherwise be applied in this state but which are
consistent for all parties to the interstate common pool.
(i) Licensing or registration of persons conducting
wagering-related activities. -- All persons engaged in conducting
wagering-related activities at the authorized gaming facility
licensed under this section, whether employed directly by the
licensee or by a person or entity conducting or operating the
simulcast racing and pari-mutuel wagering facility under an
agreement with the licensee, shall be licensed or registered in
accordance with such rules as may be promulgated by the Racing
Commission. All other employees at the simulcast racing and
pari-mutuel wagering facility shall be licensed or registered in
accordance with regulations of the Racing Commission: Provided,
That when the employee is licensed by the Lottery Commission, that
employee must register with the Racing Commission is not required
to have a separate license issued by the Racing Commission. The Racing Commission shall has the authority to promulgate rules,
regulations and conditions under which all such licenses are
issued, or registrations made, in this state and to revoke or
refuse to issue a license, or revoke or refuse to accept a
registration, if in the opinion of the commission the revocation or
refusal is in the public interest: Provided, That the rules,
regulations and conditions are uniform in their application to both
the gaming facility licensed under this section and racetracks
licensed under this article to hold race meetings at which
pari-mutuel wagering is conducted. The fees under this subsection
may not be in excess of the fee charge for a similar occupational
permit or license at a licensed racetrack.
(j) Retainage of gaming licensee. -- The gaming licensee
under this section shall retain from pari-mutuel wagers a basic
commission of seventeen and twenty-five one-hundredths percent on
horse races and a basic commission of sixteen and twenty-five
one-hundredths percent on dog races. Breakage shall be calculated
and distributed in the manner provided in subsection (c), section
nine of this article.
(k) Payments by the licensee. -- Out of the commission
retained or deducted by a gaming licensee under the provisions of
subsection (j) of this section, the gaming licensee shall pay:
(1) One-tenth of one percent into the General Revenue Fund of
county commission of the county in which the historic resort hotel
is located;
(2) Each day, the daily pari-mutuel pools tax calculated under
section ten of this article; and
(3) The amount required to be paid under the terms of a
contract with a host licensed racing association in this state or
in another jurisdiction that permits pari-mutual wagering on horse
or dog races held or conducted in that jurisdiction.
(l) After making the payments required by subsection (k) of
this section, the remaining balance may be retained by the gaming
licensee under this section.
(m) Compliance with federal law. -- The federal Interstate
Horseracing Act of 1978, P. L. 95-515, 15 U.S.C. §§3001-3007, is
instructive as the legislative intent of this section.
(n) Promulgation of rules. -- The Racing Commission shall
promulgate rules in accordance with article three, chapter
twenty-nine-a of this code, it deems necessary to implement and
efficiently administer this section: Provided, That the rules are
to be consistent with the rules promulgated for pari-mutuel
wagering on televised races at the racetracks.
(o) Pari-mutuel wagers and equipment exempt from sales tax.
-- Notwithstanding any provision of this code to the contrary, the
license tax imposed in section ten of this article shall be in lieu
of payment of the tax imposed by article fifteen, chapter eleven of
this code, on pari-mutuel wagering and on the purchase of
equipment, services and supplies directly used in pari-mutual
wagering under this section.
(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 subsections (c) and (d) of this
section. 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.
(c) In the fiscal year beginning on July 1, 2010, the racing
commission shall keep separate the unredeemed pari-mutuel tickets
received from each of the two licensee horse racetracks.
(1) The unredeemed pari-mutuel tickets attributable to each
licensee horse racetrack together with funds distributed pursuant
to section eighteen-a, article twenty-two, chapter twenty-nine of
this code shall be used for claims received pursuant to this
subsection by the Racing Commission each calendar quarter:
Provided, That the first distribution after the effective date of amendments to this section made during the 2010 regular legislative
session shall not occur until February 2011 and then each calendar
quarter thereafter. Any claims made pursuant to this subsection
must be submitted to the racing commission no later than fifteen
days after the race where the funds are awarded. The funds in the
two special accounts - unredeemed pari-mutuel tickets shall be
distributed based on claims received from each horse racetrack as
follows:
(A) 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. 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
(B) 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; and
(C) 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.
(2) If in any calendar quarter insufficient funds are
available in each licensee horse racetrack's special account -
unredeemed pari-mutuel tickets administered by the Racing
Commission for payments pursuant to subdivision (1), payments shall
be made on a pro rata basis pursuant to paragraphs (A), (B) and (C)
of subdivision (1) of this subsection of the claims submitted from
races won at each horse racetrack. Once payments on each claim are made, whether in full or on a pro rata basis, no further obligation
for payment is created by this subdivision. Claims received after
the deadline are not valid.
(3) If after paying any claims pursuant to this subsection and
funds remain in the accounts, those funds shall carry over to the
next calendar quarter. If in any quarter the surplus in either
account reaches a balance of $1 million, then that surplus balance
shall be placed in to the regular purse fund of that licensee horse
racetrack whose unredeemed pari-mutuel account achieves the
surplus.
(d) Any unredeemed pari-mutuel tickets received from licensee
dog racetracks shall be combined into a single balance and
distributed quarterly to the West Virginia racing commission
special account - West Virginia greyhound breeding development
fund. The deposit made pursuant to this subsection does not create
a continuing obligation of payment except to the extent that there
are unredeemed pari-mutuel tickets from the licensee dog
racetracks.
(e) The amendments to this section made during the 2010
regular legislative session shall become effective July 1, 2010.
(f) The Racing Commission shall satisfy obligations of the
prior enactment of this section for all claims received on purses
won on or before June 30, 2010. Claimants must submit all claims
on or before July 15, 2010 for verification by the Racing
Commission. Claims received after July 15, 2010 are not valid.
(1) A transfer of $2.5 million from the State Excess Lottery
Revenue Fund available on the last day of the fiscal year which
began July 1, 2009 shall be made to the nonappropriated fund with
the State Treasurer known as the Unredeemed Pari-Mutuel Tickets
Fund. The Racing Commission shall also transfer to the account
with the State Treasurer monies from the racing commission special
accounts - unredeemed pari-mutuel tickets for deposits received in
each of those accounts that have been credited with unredeemed
pari-mutuel tickets for races completed at any licensee racetrack
as of June 30, 2010, and any other monies appropriated by the
legislature. Unredeemed pari-mutuel tickets for races completed
after June 30, 2010 must remain in the special accounts -
unredeemed pari-mutuel tickets to satisfy future payments pursuant
to this section.
(2) The Racing Commission is authorized to pay claims received
for races completed on or before June 30, 2010 without regard to
date of deposit or date of claim. Claims shall be paid in date
order, with the oldest claims being paid first, until all claims
have been satisfied. All payments made pursuant to this subsection
for claims received on purses won on or before June 30, 2010 shall
extinguish any further obligation by the state with respect to
those claims.
(g) The commission shall submit to the legislative auditor a
quarterly report and accounting of the income and expenditures in
the special account created by this section known as the West Virginia racing commission special account - unredeemed pari-mutuel
tickets.
(h) 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.
(i) 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.
(j) The racing commission is authorized to promulgate
emergency rules, prior to September 1, 2010, to incorporate the
revisions to this article enacted during the 2010 regular
legislative session.
An association licensed by the West Virginia racing commission
to conduct horse race meetings may establish at its track a special
fund to be known as the "Bonus Race Fund," in the manner
hereinafter provided by this section.
The fund shall be established only if written approval is
given by the duly authorized representative of a majority of the
owners and trainers who hold the permit required by section eight
of this article at the horse racetrack and by the authorized agent
of the association.
The association shall deposit each day, into the fund hereby
established, an amount equal to one tenth of one percent of the
total daily pari-mutuel pool or pools, which sum shall be
appropriated from the special purse fund established in subsection
(b) (1), section nine of this article. In addition thereto, the
association shall, from the commission retained by the association
under the provisions of said section nine of this article, deposit
into the "Bonus Race Fund" the following sums: Each day an amount
equal to four one hundredths of one percent of the total daily
pari-mutuel pool during the fiscal year beginning the first day of
July, one thousand nine hundred eighty-two and each year
thereafter; an additional three one hundredths of one percent of
the total daily pari-mutuel pools for the fiscal year beginning the
first day of July, one thousand nine hundred eighty-three and each
year thereafter; and an additional three one hundredths of one
percent of the total daily pari-mutuel pools for the fiscal year
beginning the first day of July, one thousand nine hundred eighty-four and each year thereafter.
To be eligible to participate in purses to be paid from the
proceeds of this fund, each horse must be registered with the West
Virginia thoroughbred breeders association. To qualify for such
registration the said horse must have been foaled in the state of
West Virginia or sired by a stallion standing in the state of West
Virginia or both foaled in West Virginia and sired by a stallion
standing in West Virginia.
(a) A horse is bred where it is foaled. The breeder is the
owner of the dam at the time of foaling.
(b) Any owner or breeder may appeal from the refusal of the
West Virginia thoroughbred breeders association to register a horse
under this rule to the West Virginia racing commission, and the
decision of the commission shall be final.
(c) To be considered a West Virginia stallion, it is required
that he be in the state of West Virginia for at least one full
breeding season, commonly understood to be the first six months of
a year, or if the stallion is brought in subsequent to the start of
the breeding season, he must be approved as a West Virginia
stallion by the West Virginia thoroughbred breeders association.
At each horse racetrack at which such fund is created, the
funds shall be administered by a committee comprised of the
following members: Two elected members of the West Virginia
thoroughbred breeders association, one elected member of the local
horsemen's benevolent protective association, the general manager
of the local track or his representative and a member of the West
Virginia racing commission or someone designated by the racing commission.
The powers and authority of the racing commission established
under the provisions of section six of this article are extended to
supervision of the fund created by this section and to the
promulgation of reasonable rules and regulations for implementing
and making effective the provisions of this section.
(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 $800,000 shall be available for distribution for a minimum of
fourteen accredited stakes races at a racetrack which has
participated in the West Virginia Thoroughbred Development Fund for
a period of more than four consecutive calendar years prior to
December 31, 1992. The weights for all accredited stakes races
shall be weight for age. 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 February 1 through July 31, 2004, 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 accredited
stake races shall 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/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/raisers, which
shall be sixty percent of the fund available for distribution in
any one year. The total amount available for the breeders'/raisers'
awards shall be distributed according to the ratio of purses earned by an accredited race horse to the total amount earned in the
participating races by all accredited race horses for that year as
a percentage of the fund dedicated to the breeders/raisers.
However, no breeder/raiser may receive from the fund dedicated to
breeders'/raisers' awards an amount in excess of the earnings of
the accredited horse at West Virginia meets. In addition, should
a horse's breeder and raiser qualify for the same award on the same
horse, they will each be awarded one half of the proceeds. The
bonus referred to in this subdivision may only be paid on the first
$100,000 of any purse and not on any amounts in excess of the first
$100,000.
(2) The owner of an accredited 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 $100,000 of any purse and not on
any amounts in excess of the first $100,000.
(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 $100,000 of any purse and not on
any amounts in excess of the first $100,000.
(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/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: Provided That, if
sufficient horses and funds are available, any thoroughbred horse
racetrack whose licensee participated in the Thoroughbred
Development Fund for at least four consecutive calendar years prior
to December 31, 1992, shall provide two restricted races per racing
day, at least one of which may be split at the discretion of the
racing secretary. 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 at each track;
(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) Restricted races shall be funded by each racing association from:
(A) Moneys placed in the general purse fund: Provided, That
a thoroughbred horse racetrack which did not participate in the
West Virginia Thoroughbred Development fund for a period of more
than four consecutive years prior to December 31, 1992, may fund
restricted races in an amount not to exceed $1,000,000 per year.
(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".
(4) The racing schedules, purse amounts and types of races are
subject to the approval of the West Virginia Racing Commission.
(5) 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 $250,000 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 only by a West
Virginia accredited stallion or stallions before December 31 of the
calendar year following the birth of that West Virginia bred-foal.
(i) From July 1, 2001, 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 July 1, 2006, 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.
(b) Funds in this account shall be allocated and expended as
follows:
(1) For each fiscal year, the first eight hundred thousand
dollars deposited in the separate account plus the amount then
remaining of the June thirtieth, one thousand nine hundred
ninety-seven, balance in the separate account previously
established for the West Virginia breeders classic under section
thirteen of this article, shall be used by the Commission for
promotional activities, advertising, administrative costs and
purses for the West Virginia Thoroughbred Breeders Classic, which
shall give equal consideration to all horses qualifying under the
West Virginia breeders program for each stake race, based solely on
the horses' sex, age and earnings.
(2) For each fiscal year, the next two hundred thousand
dollars deposited into the separate account shall be used by the
Commission for promotional activities and purses for open stake
races for a race event to be known as the West Virginia Derby to be
held at a thoroughbred racetrack which does not participate in the
West Virginia Breeders Classic.
(3) For each fiscal year, once the amounts provided in
subdivisions (1) and (2) of this subsection have been deposited
into separate bank accounts for use in connection with the West
Virginia Thoroughbred Breeders Classics and the West Virginia
Derby, the Commission shall return to each racetrack all additional
amounts deposited which originate during that fiscal year from each
respective racetrack pursuant to subdivision (6), subsection (c),
section ten, article twenty-two-a, chapter twenty-nine of this
code, which returned excess funds shall be used as follows:
(A) For each dog racetrack, one half of the returned excess
funds shall be used for capital improvements at the racetrack and
one half of the returned excess funds shall be deposited into the
West Virginia Racing Commission Special Account - West Virginia
Greyhound Breeding Development Fund.
(B) At those thoroughbred racetracks that have 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, one half of
the returned excess funds shall be used for capital improvements at the licensee's racetrack and one half of the returned excess funds
shall be equally divided between the West Virginia Thoroughbred
Breeders Classic and the West Virginia Thoroughbred Development
Fund.
(C) At those thoroughbred horse racetracks which do not
participate in the West Virginia Breeders Classic, one half of the
returned excess funds shall be used for capital improvements at the
licensee's racetrack and one half of the returned excess funds
shall be used for purses for the open stakes race event known as
the West Virginia Derby.
(c) All expenditures that are funded under this section must
be approved in writing by the West Virginia Racing Commission
before the funds are expended for any of the purposes authorized by
this section.
(b) All civil penalties imposed by the stewards, judges or the
commission shall be paid into a relief fund and paid out on the
order of the commission for hospitalization, medical care and
funeral expenses occasioned by injuries or death resulting from an
accident sustained by any permit holder while in the discharge of
his or her duties under the jurisdiction of the Racing Commission:
Provided, That (1) No payment may be made from the relief fund for
any hospitalization, medical care or funeral expenses of a permit
holder who is covered by workers' compensation or an insurance
policy providing payments for hospitalization, medical care or
funeral expenses; and (2) any balance in the relief fund in excess
of $5,000, less any outstanding obligations, shall thereupon be
transferred by the Racing Commission to the State Treasurer for
deposit to the credit of the General Revenue Fund of this state.
(1) Is convicted of an offense which, under the law of this
state, of any other state or of the United States of America,
shall constitute a felony or a crime involving moral turpitude;
(2) Is, if a corporation, dissolved under the law of this
state or ceases to be qualified to do business within this state;
or
(3) Has a license or permit to which such licensee or permit
holder is not lawfully entitled.
(b) The racing commission may also suspend or revoke a
license or permit of a licensee or permit holder, as the case may
be, if it finds the existence of any ground upon which the
license or permit could have been refused, or any ground which
would be cause for refusing a license or permit to such licensee
or permit holder were such licensee or permit holder then
applying for the same.
(c) A majority of the stewards at any horse or dog race
meeting may suspend or revoke a permit for any reason for which
the racing commission may suspend or revoke a permit, as
specified in subsections (a) and (b) of this section, or for any other reason authorized by reasonable rules and regulations
promulgated by the racing commission.
(d) Whenever a licensee fails to keep the bond required, if
any, under the provisions of section seven of this article in
full force and effect, the license of such licensee shall
automatically be suspended unless and until a bond or other
security, if required, is furnished to the racing commission, in
which event the suspension shall be vacated.
(e) Any suspension of a license or permit shall continue for
the period specified in the order of suspension, or until the
cause therefor has been eliminated or corrected, as set forth in
the order of suspension. Revocation of a license or permit shall
not preclude application for a new license or permit, which
application shall be processed in the same manner and the
application approved or denied and the license or permit issued
or refused on the same grounds as any other application for a
license or permit is processed, considered and passed upon,
except that any previous suspension and the revocation may be
given such weight in deciding whether to approve or deny such
application and issue or refuse such license or permit as is meet
and proper under all of the circumstances.
(b) Whenever a majority of the stewards or judges at any horse
or dog race meeting shall suspend or revoke a permit, such
suspension or revocation shall be effective immediately. The
stewards or judges shall, as soon as thereafter practicable, make
and enter an order to that effect and serve a copy thereof on the
permit holder, in any manner in which a summons may be served in a
civil action or by certified mail, return receipt requested. Such
order shall state the grounds for the action taken.
(c) Any person adversely affected by any such order shall be
entitled to a hearing thereon if, within twenty days after service
of a copy thereof if served in any manner in which a summons may be
served as aforesaid or within twenty days after receipt of a copy
thereof if served by certified mail as aforesaid, such person files with the Racing Commission a written demand for such hearing. A
demand for hearing shall operate automatically to stay or suspend
the execution of any order suspending or revoking a license, but a
demand for hearing shall not operate automatically to stay or
suspend the execution of any order suspending or revoking a permit.
Upon the written request of any permit holder who has been
adversely affected by an order of the stewards or judges, a stay
may be granted by the Racing Commission, its chairman, or by a
member of the commission designated by the chairman. A request for
a stay must be filed with the Racing Commission's executive
director no later than the deadline for filing a written demand for
a hearing before the commission. If a stay is granted, it is not
a presumption that the order of the stewards or judges is invalid.
The Racing Commission may require the person demanding a hearing to
give reasonable security for the costs thereof and if such person
does not substantially prevail at such hearing such costs shall be
assessed against such person and may be collected by an action at
law or other proper remedy.
(d) Upon receipt of a written demand for such hearing, the
Racing Commission shall set a time and place therefor not less than
ten and not more than thirty days thereafter. Any hearing may be
continued by the Racing Commission or its appointed hearing
examiner for good cause shown.
(e) All of the pertinent provisions of article five, chapter
twenty-nine-a of this code shall apply to and govern the hearing and the administrative procedures in connection with and following
such hearing, with like effect as if the provisions of said article
five were set forth in this subsection.
(f) Any such hearing shall be conducted by a quorum of the
Racing Commission or by a hearing examiner appointed by the Racing
Commission who is licensed to practice law in the State of West
Virginia. For the purpose of conducting any such hearing, any
member of the Racing Commission or its appointed hearing examiner
has the power and authority to issue subpoenas and subpoenas duces
tecum as provided in section six of this article. Any such
subpoenas and subpoenas duces tecum shall be issued and served
within the time, for the fees and shall be enforced, as specified
in section one, article five of said chapter twenty- nine-a, and
all of the said section one provisions dealing with subpoenas and
subpoenas duces tecum shall apply to subpoenas and subpoenas duces
tecum issued for the purpose of a hearing hereunder.
(g) At any such hearing the person who demanded the same may
represent such person's own interests or be represented by an
attorney-at-law admitted to practice before any circuit court of
this state. Upon request by the Racing Commission, it shall be
represented at any such hearing by the Attorney General or his or
her assistants without additional compensation. The Racing
Commission, with the written approval of the Attorney General, may
employ special counsel to represent the Racing Commission at any
such hearing.
(h) After any such hearing and consideration of all of the
testimony, evidence and record in the case, the Racing Commission
shall render its decision in writing. The written decision of the
Racing Commission shall be accompanied by findings of fact and
conclusions of law as specified in section three, article five,
chapter twenty-nine-a of this code, and a copy of such decision and
accompanying findings and conclusions shall be served by certified
mail, return receipt requested, upon the person demanding such
hearing, and his or her attorney of record, if any. If a hearing is
conducted by a hearing examiner appointed by the Racing Commission,
he or she shall prepare a written recommended decision for the
commission's consideration. The Racing Commission, in its
discretion, may accept the recommendation in its entirety, modify
it, or reject it. If the Racing Commission modifies or rejects a
recommended decision of an appointed hearing examiner, either in
whole or in part, it shall issue a reasoned, articulate explanation
and a recitation of the underlying evidence or other matters upon
which it bases its decision, including findings of fact and
conclusions of law.
(i) The decision of the Racing Commission shall be final
unless reversed, vacated or modified upon judicial review thereof
in accordance with the provisions of section seventeen of this
article.
Any person adversely affected by a decision of the racing
commission rendered after a hearing held in accordance with the
provisions of section sixteen of this article shall be entitled to
judicial review thereof. All of the pertinent provisions of
section four, article five, chapter twenty-nine-a of this code
shall apply to and govern such judicial review with like effect as
if the provisions of said section four were set forth in this
section, except that execution of a decision of suspension or
revocation of a license shall be stayed or suspended pending a
final judicial determination, and except that execution of a
decision of suspension or revocation of a permit shall not be
stayed or suspended pending a final judicial determination.
The judgment of the circuit court shall be final unless
reversed, vacated or modified on appeal to the supreme court of
appeals in accordance with the provisions of section one, article
six, chapter twenty-nine-a of this code.
Legal counsel and services for the racing commission in all
appeal proceedings in any circuit court and the supreme court of
appeals shall be provided by the attorney general or his assistants
and in any circuit court by the prosecuting attorney of the county
as well, all without additional compensation. The racing
commission, with the written approval of the attorney general, may
employ special counsel to represent the racing commission at any
such appeal proceedings.
§19-23-18. Horse and dog racetrack construction permits;
application therefor.
(a) No person shall construct and establish a horse or dog
racetrack where horse or dog race meetings are to be held or
conducted and the pari-mutuel system of wagering permitted or
conducted without a construction permit issued by the racing
commission in accordance with the provisions of this article.
(b) Any person desiring to obtain a construction permit shall
file with the racing commission an application therefor. The
racing commission shall prescribe blank forms to be used in making
such application. Such application shall disclose, but not be
limited to, the following:
(1) If the applicant be an individual, the full name and
address of the applicant;
(2) If the applicant be a partnership, firm or association,
the full name and address of each partner or member thereof, the
name of the partnership, firm or association and its post-office
address;
(3) If the applicant be a corporation, its name, the state of
its incorporation, its post-office address, the full name and
address of each officer and director thereof, and if a foreign
corporation, whether it is qualified to do business in this state;
(4) Whether the applicant, any partner, member, officer or
director has previously applied for a construction permit under the
provisions of this article or for a similar construction permit in this or any other state, and if so, whether such construction
permit was issued or refused;
(5) The name and address of any person who has agreed to lend
the applicant money for use in connection with such proposed horse
or dog racetrack;
(6) The name and address of any other person who is
financially interested in the proposed horse or dog racetrack;
(7) The county where the proposed horse or dog racetrack is to
be constructed and established, and if such proposed horse or dog
racetrack is to be constructed and established across county lines,
the identification of each such county;
(8) Plans showing, in such detail as the racing commission may
require, the proposed horse or dog racetrack and all buildings and
improvements to be used in connection therewith; and
(9) Such other information as the racing commission may
reasonably require which may include information relating to any
criminal record of the applicant, if an individual, or of each
partner or member, if a partnership, firm or association, or of
each officer and director, if a corporation.
(c) Such application shall be verified by the oath or
affirmation of the applicant for such construction permit, if an
individual, or if the applicant is a partnership, firm, association
or corporation, by a partner, member or officer thereof, as the
case may be.
(d) No application for a construction permit for the
construction and establishment of a dog racetrack shall be received
or acted upon by or a construction permit issued by the racing commission for the construction and establishment of a dog
racetrack which is to be located within fifty-five air miles of an
existing horse racetrack: Provided, That nothing herein contained
shall be construed to prohibit establishment of a dog racetrack in
conjunction with harness racetrack facilities existing on and
operating as a harness racetrack the first day of February, one
thousand nine hundred seventy-four, if such facilities are or can
be made suitable: Provided, That nothing in this section exempts
any such county from the local option provisions of this article.
(1) That the applicant intends to proceed in good faith to
construct and establish a horse or dog racetrack complying in all
particulars with the law of this state, the provisions of this
article and any reasonable rules and regulations of the racing
commission;
(2) That the plans for such proposed horse or dog racetrack
are adequate and have been prepared with due regard to the safety
of all persons who will use such horse or dog racetrack;
(3) That the applicant is financially able to complete such
horse or dog racetrack in accordance with the plans submitted
with such application; and
(4) That the construction and establishment of such proposed
horse or dog racetrack would be in the best interests of horse or
dog racing within this state.
(b) Otherwise, the racing commission shall deny the
application and refuse to grant tentative approval thereof. The
racing commission shall make and enter an order to that effect
and all of the provisions of section sixteen pertaining to the
denial of any application for a license and an order in
connection therewith and the provisions of section seventeen pertaining to judicial review of a decision of the racing
commission shall govern and control. The denial and refusal shall
be final and conclusive unless a hearing thereon shall be
demanded pursuant to the provisions of section sixteen of this
article considered in pari materia with the preceding sentence of
this subsection (b).
(c) If the racing commission grants tentative approval of
such application, it shall prepare and publish a notice to the
public that the racing commission has granted tentative approval
of the application and that the racing commission will confirm
such tentative approval and issue a construction permit to the
applicant at the expiration of sixty days from the date of the
first publication of such notice (which date shall be specified
in said notice), unless within said time a petition for a local
option election shall have been filed, in accordance with the
provisions of this article, with the county commission of the
county in which any integral part of said horse or dog racetrack
is proposed to be constructed and established. Such notice shall
be published as a Class II legal advertisement in compliance with
the provisions of article three, chapter fifty-nine of this code,
and the publication area for such publication shall be the county
in which any integral part of such proposed horse or dog
racetrack is to be constructed and is established.
"Each of the undersigned certifies that he or she is an
individual residing in ______________ County, West Virginia, and
is a qualified voter in said county under the laws of this State,
and that his or her name, address and the date of signing this
petition are correctly set forth below.
"The undersigned petition the county commission to call and
hold a local option election as required by article twenty-
three, chapter nineteen of the Code of West Virginia, one
thousand nine hundred thirty-one, as amended, upon the following
question: 'Shall the West Virginia Racing Commission issue a
construction permit authorizing the construction and
establishment of a (horse or dog) racetrack where (horse or dog) race meetings may be held or conducted and the pari-mutuel system
of wagering permitted and conducted in _______________ County,
West Virginia?'
Name Address Date
_______________________________________
_______________________________________
_______________________________________
(Each individual signing must specify either his post-office
address or his street name and number.)"
(b) The local option election ballots, or ballot labels where voting machines are used, shall have printed thereon
substantially the following:
"Shall the West Virginia Racing Commission issue a
construction permit authorizing the construction and
establishment of a (horse or dog) racetrack where (horse or dog)
race meetings may be held or conducted and the pari- mutuel
system of wagering permitted and conducted?
/ / Yes / / No
(Place a cross mark in the square
opposite
your choice.)"
(c) Each individual qualified to vote in said county at a
primary or general election shall likewise be qualified to vote
at the local option election. The election officers appointed
and qualified to serve as such at said primary or general
election shall conduct said local option election in connection
with and as a part of said primary or general election. The
votes in said local option election shall be counted and returns
made by the election officers, the results certified by the
commissioners of election to said county commission which shall
canvass the ballots, all in accordance with the laws of this
state relating to primary and general elections insofar as the
same are applicable. The county commission shall, without delay,
canvass the votes cast at such local option election and certify
the results thereof to the racing commission.
(b) A construction permit issued as aforesaid shall remain
valid only for a three-month period, except that if the racing
commission is satisfied that the construction permit holder has
in good faith started and is continuing construction of the
proposed horse or dog racetrack, the racing commission may extend
the construction permit for additional successive three-month
periods, but in no event shall the aggregate time of such
construction permit exceed a period of twenty-four months from
the date of the issuance of the construction permit.
(c) No construction permit which may be or has been issued
under provisions of this article or the former provisions of this
article shall be transferred or assigned in any manner whatever
without the written consent of the racing commission.
Upon application by the racing commission, the circuit
courts of this state may by mandatory or prohibitory injunction
compel compliance with the provisions of this article, the
reasonable rules and regulations promulgated hereunder and all
orders and final decisions of the racing commission. The court
may issue a temporary injunction in any case pending a decision
on the merits of any application filed.
The judgment of the circuit court upon any application
permitted by the provisions of this section shall be final unless
reversed, vacated or modified on appeal to the supreme court of appeals. Any such appeal shall be sought in the manner and
within the time provided by law for appeals from circuit courts
in other civil actions.
The racing commission shall be represented in all such
proceedings by the attorney general or his assistants and in such
proceedings in the circuit court by the prosecuting attorneys of
the several counties as well, all without additional
compensation. The racing commission, with the written approval
of the attorney general, may employ special counsel to represent
the racing commission in any such proceedings.
PART XIII. OFFENSES AND PENALTIES.
(b) Any person violating any provision of section four or
section five of this article shall be guilty of a misdemeanor, and,
upon conviction, shall be punished by a fine of not less than five
hundred dollars nor more than one thousand dollars, or by
imprisonment in jail for not less than six months nor more than one
year, or by both such fine and imprisonment, in the discretion of
the court. The venue of any such offense shall be in the county,
or any one of the counties, wherein the person violating said
section four or section five carries out any duties of, or performs
any work for, the racing commission, which constitute the basis of
the charge or complaint.
(c) Any person violating any provision of subsection (b),
section two of this article shall be guilty of a misdemeanor, and,
upon conviction, shall be punished by a fine of not less than one
hundred dollars nor more than five hundred dollars, or by
imprisonment in jail for not less than one month nor more than two
months, or by both such fine and imprisonment, in the discretion of
the court. The venue of any such offense shall be in the county,
or any one of the counties, wherein the person violating said
subsection (b) carries out any duties of, or performs any work for,
the racing commission, which constitute the basis of the charge or
complaint.
(d) False swearing before the racing commission on the part of
any witness shall be deemed perjury and shall be punished as such.
Any license or permit issued by the racing commission under
the former provisions of article twenty-three of this chapter,
which has not expired and which has not been suspended or revoked
prior to the effective date of this article, shall be governed by
the provisions of this article and shall remain valid until the
expiration thereof, unless such license or permit is sooner
suspended or revoked in accordance with the provisions of this
article.
If any provision of this article or the application thereof
to any person or circumstance is held unconstitutional or
invalid, such unconstitutionality or invalidity shall not affect
other provisions or applications of the article, and to this end
the provisions of this article are declared to be severable.
Acts, 2010 Reg. Sess., Ch. 32.
Note: WV Code updated with legislation passed through the 2012 1st Special Session
(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.
(a) The Racing Commission shall appoint an executive director
to represent the Racing Commission who shall have the powers and
authority and perform such duties as the Racing Commission directs.
The executive director shall preserve at the Racing Commission's
principal office all books, maps, records, documents and other
papers of the Racing Commission. The executive director shall, in
addition to all other duties imposed upon him or her 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 executive director and such
stenographers, clerks and other office personnel as it deems
necessary to carry out the duties imposed upon it under the
provisions of this article.
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:
(a) Any racing association desiring to hold or conduct a horse
or dog race meeting, where the pari-mutuel system of wagering is
permitted and conducted, during any calendar year, shall file with
the racing commission an application for a license to hold or
conduct such horse or dog race meeting. A separate application
shall be filed for each separate license sought for each horse or
dog race meeting which such applicant proposes to hold or conduct.
The racing commission shall prescribe blank forms to be used in
making such application. Such application shall be filed on or
before a day to be fixed by the racing commission and shall
disclose, but not be limited to, the following:
(a) The Racing Commission shall promptly consider any
application for a license or permit, as the case may be. Based upon
such application and all other information before it, the Racing
Commission shall make and enter an order either approving or
denying the application. The application may be denied for any
reason specified in subsection (b) of this section. If an
application for a license is approved, the Racing Commission shall
issue a license to conduct a horse or dog race meeting and shall
designate on the face of the license the kind or type of horse or
dog racing for which the same is issued, the racing association to
which the same is issued, the dates upon which the horse or dog
race meeting is to be held or conducted (which may be any weekdays,
or week-nights, including Sundays), the location of the horse or
dog racetrack, place or enclosure where the horse or dog race
meeting is to be held or conducted and other information as the
Racing Commission shall consider proper. If an application for a
permit is approved, the Racing Commission shall issue a permit and
shall designate on the face of the permit such information as the
Racing Commission considers proper.
Each individual qualified to vote in said county shall be
qualified to vote at the local option election. The votes in said
local option election shall be counted and returns made by the
election officers and the results certified by the commissioners of
election to the county commission, which shall canvass the ballots,
all in accordance with the laws of this state relating to general
elections insofar as the same are applicable. The county
commission shall, without delay, canvass the votes cast at such
local option election and certify the results thereof to the racing
commission and shall transmit a certified copy of said results to
the secretary of state.
(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 in this article at any
horse or dog race meeting within this state where horse or dog
racing is 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.
(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 $250. 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 $150. Any racing association conducting dog
races shall pay each day upon which dog races are run a daily
license tax of $150. 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 $250 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.
PARI-MUTUEL WAGERING; DISPOSITION OF REVENUES.
The license tax imposed in section ten of this article shall
be in lieu of all other license, income, excise, special or
franchise taxes of this state, and no county or municipality or
other political subdivision of this state shall be empowered to
levy or impose any license, income, pari- mutuel, excise, special
or franchise tax on any racing association engaged in the
business of conducting a horse or dog race meeting at which horse
or dog races are run for purses under the jurisdiction of and
being licensed by the racing commission, or on the operation or
maintenance of the pari-mutuel system of wagering, or on the sale
of any commodity during a horse or dog race meeting at which
horse or dog races are run, or at any such horse or dog racetrack
nor shall there be, hereafter, any imposition of tax pursuant to
articles twelve, thirteen or fifteen of chapter eleven of this
code on the income or receipts of owners, trainers or jockeys
directly arising from their services which are essential to the
effective conduct of a horse or dog racing meeting: Provided,
That the foregoing provisions of this section shall in no way
affect, abridge or abolish the authority of a municipality to
impose the license tax authorized by the provisions of section
eight, article thirteen, chapter eight of this code.
COMMISSIONS DEDUCTED FROM PARI-MUTUEL POOLS.
(a) For the purposes of this section:
(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.
(a) Definitions. -- In addition to the words and phrases
defined in section three of this article, the words and phrases
defined in subsection (b) of this section have the meanings
provided in that subsection when used in this section, unless the
context in which the term or phrase is used clearly indicates that
a different meaning is intended.
(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.
(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 October 1, 2005, 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 December 31, 1992 from July 8,
2005 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 December 31, 1992, shall be transferred
into that licensee's purse fund until April 1, 2006. 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:
Provided, That five percent of the deposits required to be withheld
by an association or licensee in subsection (b), section nine of
this article shall be placed in a special revenue account hereby continued in the state Treasury called the "Administration and
Promotion Account": Provided, however, That four and one-half
percent of the deposits into the thoroughbred development fund
shall be placed in the Administration and Promotion Account, except
that of this percentage, no more than $305,000 shall be placed in
the account in any year.
(a) Funds received by the Racing Commission pursuant to
subdivision (6), subsection (c), section ten, article twenty-two-a,
chapter twenty-nine of this code, and subdivision (5), subsection
(a), section ten-b, article twenty-two-a, chapter twenty-nine of
this code, after the effective date of this section together with
the balance in the bank account previously established by the
Commission to receive those funds shall be deposited in a banking
institution of its choice in a special account to be known as "West
Virginia Racing Commission Racetrack Video Lottery Account".
Notice of the amount, date and place of each deposit shall be given
by the Racing Commission, in writing, to the State Treasurer.
(a) All permit fees and fees paid for the registration of
colors or assumed names collected by the Racing Commission shall be
paid by the commission to the State Treasurer for deposit in the
Racing Commission's general administrative account.
(a) The racing commission may conduct an investigation to
determine whether any provisions of this article or any of its
reasonable rules and regulations have been or are about to be
violated by a licensee or permit holder. The racing commission
may suspend or revoke a license or permit if the licensee or
permit holder, as the case may be:
(a) Whenever the Racing Commission shall deny an application
for a license or a permit or shall suspend or revoke a license or
a permit, it shall make and enter an order to that effect and serve
a copy thereof on the applicant, licensee or permit holder, as the
case may be, in any manner in which a summons may be served in a
civil action or by certified mail, return receipt requested. Such
order shall state the grounds for the action taken, and, in the
case of an order of suspension or revocation, shall state the
effective date of such suspension or revocation.
AND DOG RACETRACKS.
(a) Upon the basis of the application and all other
information before it, the racing commission shall make and enter
an order granting tentative approval of the application if it
finds:
A petition for a local option election on the question of
the proposed construction and establishment of a horse or dog
racetrack must be signed by qualified voters residing within the
county equal to at least fifteen percent of the qualified voters
within said county at the last general election. Said petition
may be in any number of counterparts, but must be filed with the
county commission prior to the expiration of the sixty-day period
specified in the notice published by the racing commission in
accordance with the provisions of section nineteen of this
article. Said petition shall be sufficient if in substantially
the following form: "PETITION FOR LOCAL OPTION ELECTION
CONCERNING THE PROPOSED CONSTRUCTION AND ESTABLISHMENT OF A
(HORSE OR DOG) RACETRACK IN _________________ COUNTY, WEST
VIRGINIA.
(a) Upon the timely filing of a proper petition for a local
option election in accordance with the provisions of section
twenty of this article, the county commission of the county in
which all or any integral part of a proposed horse or dog
racetrack is to be constructed and established is hereby
authorized to call a local option election for the purpose of
determining the will of the qualified voters within said county
as to the construction and establishment of all or any integral
part of such horse or dog racetrack within said county. Upon
the timely filing of a proper petition as aforesaid, the county
commission shall enter an order calling for a local option
election and providing that the same shall be held at the same
time and as a part of the next primary or general election to be
held in said county. A copy of the order so entered by the county
commission shall be served upon the racing commission and the
racing commission shall take no further action in connection with
the issuance of such construction permit until said local option
election shall be held. Said county commission shall give notice
of such local option election by publication of such notice as a
Class II-0 legal advertisement in compliance with the provisions
of article three, chapter fifty-nine of this code, and the
publication area for such publication shall be the county. Such
notice shall be so published within fourteen consecutive days
next preceding the date of said election.
(a) The racing commission shall, after the certification of
the results of such local option election, issue such
construction permit if a majority of the legal votes cast at such
election were in favor of the issuance of a construction permit.
If a majority of the legal votes cast at such election were
opposed to the issuance of a construction permit, the commission
shall not issue a construction permit.
When a local option election in accordance with the
provisions of this article or the former provisions of this
article shall have been held in a county, another such election
shall not be held in said county for a period of five years, and
within that time the racing commission shall not accept or act
upon any application for any other construction permit within
said county, except that if an election be held seeking the
approval of a permit for the construction of a horse racetrack
another election may be held within such five-year period seeking
the approval of a permit for the construction of a dog racetrack,
and the reverse shall also be true. In the event a horse or dog
racetrack shall be constructed in a county pursuant to a
construction permit issued by the racing commission in accordance
with the provisions of this article, no local option election
shall thereafter be held as to any horse or dog racetrack
constructed and established pursuant to such construction permit:
Provided, That a local option election has been held for the type
of racing to be conducted.
Nothing contained in sections eighteen through twenty-three
of this article shall apply to any horse racetrack heretofore
constructed and established in this state and at which horse race
meetings have been held or conducted by the owners or operators
thereof under and pursuant to licenses issued by the racing
commission in accordance with the provisions of this article or
the former provisions of this article. The construction and
establishment of any new or additional horse racetrack within a
county in which a horse racetrack has heretofore been constructed
and established and operated under licenses issued by the racing
commission, whether by the persons owning and operating such
existing horse racetrack or others, shall be subject to all of
the provisions of this article.
Whenever it appears to the racing commission that any person
has been or is violating or is about to violate any provision of
this article, any reasonable rule and regulation promulgated
hereunder or any order or final decision of the racing
commission, the racing commission may apply in the name of the
state to the circuit court of the county in which the violation
or violations or any part thereof has occurred, is occurring or
is about to occur, or the judge thereof in vacation, for an
injunction against such person and any other persons who have
been, are or are about to be, involved in any practices, acts or
omissions, so in violation, enjoining such person or persons from
any such violation or violations. Such application may be made
and prosecuted to conclusion whether or not any such violation or
violations have resulted or shall result in prosecution or
conviction under the provisions of section twenty-six of this
article.
(a) Any person holding or conducting, or assisting, aiding or
abetting in the holding or conducting, of any horse or dog race
meeting at which horse or dog racing and the pari-mutuel system of
wagering on the same is permitted or conducted, without a license
issued by the racing commission, which license remains unexpired,
unsuspended and unrevoked, shall be guilty of a misdemeanor, and,
upon conviction, shall be punished by a fine of not less than one
thousand dollars for each day of such unauthorized horse or dog
race meeting, or by imprisonment in jail not exceeding one year, or
by both such fine and imprisonment, in the discretion of the court:
Provided, That no conviction shall be had or punishment imposed
upon any licensee, whose license has been suspended or revoked, for
holding or conducting a horse or dog race meeting while execution
of the order of suspension or revocation is stayed or suspended as
provided in this article.
All acts, whether general or local, public or private,
inconsistent with the provisions of this article are hereby
repealed to the extent of their inconsistency.
All rules and regulations promulgated by the racing
commission and in effect on the effective date of this article
shall remain in full force and effect until superseded, or except
as amended or repealed, in accordance with the provisions of this
article.
Repealed.
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