Introduced Version
Senate Bill 115 History
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Senate Bill No. 115
(By Senator Stollings)
____________
[Introduced February 13, 2013; referred to the Committee on
Government Organization; and then to the Committee on the
Judiciary.]
____________
A BILL to amend and reenact
§19-23-2, §19-23-4, §19-23-6, §19-23-9,
§19-23-10, §19-23-12a, §19-23-12b, §19-23-12c, §19-23-13b and
§19-23-13c
of the Code of West Virginia, 1931, as amended, all
relating to horse and dog racing generally; requiring
licensees to provide preferential treatment to certain
trainers; setting forth the criteria for receiving
preferential treatment; increasing the size of the West
Virginia Racing Commission by two members; setting forth
qualifications; authorizing the commission to adjudicate
certain disputes; authorizing the commission to approve or
reject certain racing associations' house rules; authorizing
the commission to regulate stall allocation criteria;
requiring thoroughbred licensees to pay three percent of paid
purses to the local Horseman's Benevolent and Protective Association; requiring greyhound licensees to pay one percent
of paid purses to the local West Virginia Greyhound Owners and
Breeders Association; granting
all greyhound owners and
breeders of certain greyhounds full voting membership in the
West Virginia Greyhound Owners and Breeders Association;
requiring dog racing associations to provide certain indoor
facilities and handicap access at racetracks; requiring ninety
percent of the deposits into the Greyhound Breeding
Development Fund each year be used to fund supplemental purse
awards, stakes races and training track facilities; requiring
ten percent of the deposits into the Greyhound Breeding
Development Fund each year be used to fund greyhound adoption
programs, including spaying and neutering;
requiring the
commission to provide accounting statements to greyhound
owners; requiring the West Virginia Lottery Commission to
assist the Racing Commission in providing a detailed statement
of racetrack video lottery distributions into the West
Virginia Greyhound Breeding Development Fund; setting forth
the contents of those statements; providing that any year-end
balance in the
Greyhound Breeding Development Fund
be
distributed to owners and breeders of West Virginia whelped
greyhounds on a pro rata basis; requiring a monthly minimum of
$22,000 be taken from the West Virginia Greyhound Breeding
Development Fund to fund stake races; establishing the values of certain open stake races and juvenile stake races for
greyhounds; providing that up to three percent of payment
applications deposited in the West Virginia Greyhound Breeding
Development Fund be used for greyhound programs; permitting a
representative of a majority of the owners and breeders at the
dog racetrack to
contract with legal wagering entities to
accept wagers on races
; requiring
dog racetrack licensees pay
six percent of the net simulcast income to the West Virginia
Greyhound Breeding Development Fund
; requiring the
dog racing
association to deposit three percent of the total wagering
handle on all imported simulcast race signals into track purse
accounts
; requiring dog racetracks to pay seven and one-half
percent of the signal transmission fee into the West Virginia
Breeding Development Fund; permitting the full year-end
balance in breeders/raisers, sire owners and purse supplement
funds to revert into the Thoroughbred Development Fund for
distribution to racing associations and licensees instead of
first being used to fund certain races; providing for
additional horse races; providing that certain horse racing
wins will not be considered for certain open races
eligibility; authorizing an annual $400,000 expenditure from
the
West Virginia Racing Commission Racetrack Video Lottery
Account
be used for purses in a newly created
West Virginia
Greyhound Challenge Stakes Race
; decreasing the amount of certain funds available for capital improvements at dog
racetracks; decreasing the amount of certain funds paid into
the West Virginia Racing Commission-Special Account-West
Virginia Greyhound Breeding Development Fund; using certain
funds to fund the West Virginia Greyhound Challenge Stakes
Race
; decreasing the amount of certain funds available for
capital improvements at horse racetracks; requiring certain
funds be deposited into
the West Virginia Racing Commission
Special Account-Unredeemed Pari-Mutuel Tickets
; authorizing
rulemaking; and updating language.
Be it enacted by the Legislature of West Virginia:
That §19-23-2, §19-23-4, §19-23-6, §19-23-9, §19-23-10,
§19-23-12a, §19-23-12b, §19-23-12c, §19-23-13b and §19-23-13c of
the Code of West Virginia, 1931, as amended, be amended and
reenacted, all to read as follows:
ARTICLE 23. HORSE AND DOG RACING.
§19-23-2. Permits required for horse and dog racetrack positions;
residency requirements for employees of licensees;
preferences for trainers; requirements.
(a) No person not required to be licensed under the provisions
of section one of this article shall may 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 does 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.
(c) Licensees shall give preferential treatment to state
resident trainers, trainers with West Virginia accredited
thoroughbred horses and trainers who primarily race in West
Virginia.
(1) A licensee shall develop and implement objective stall
allocation criteria and provide a preference in stall allocation to
trainers:
____________________________________________(A) Who have a permanent residence in the state;
____________________________________________(B) Whose horse qualifies as an accredited West Virginia
thoroughbred horse; or
____________________________________________(C) Who makes a minimum of eighty percent of their starts in
West Virginia during the preceding twelve months.
____________________________________________(2) A licensee shall allocate a minimum of eighty percent of
the licensee's stalls to trainers who have permanent residences in
West Virginia or who train West Virginia accredited horses.
____________________________________________(3) A licensee shall give preference in stall allocations to
trainers that have made a minimum of eighty percent of his or her
starts in West Virginia during the preceding twelve months.
____________________________________________(4) A trainer who claims preferential treatment pursuant to
this subsection shall, within thirty days upon the licensee's
written request, provide the licensee with an affidavit stating the
trainer's residence and qualifications and the condition of each
horse for which the trainer requests a stall.
§19-23-4. West Virginia Racing Commission continued as a public
corporation; composition; terms; vacancies;
qualifications, expenses of members; principal
office; meetings; election of officers; quorum;
inspection of records; annual report.
(a) The "West Virginia Racing Commission," is continued in
existence as a public corporation and, as such, may contract and be
contracted with, plead and be impleaded, sue and be sued and have
and use a common seal.
(b) The Racing Commission shall consist of three five members,
not more than two three of whom shall belong to the same political
party, to be appointed by the Governor by and with the advice and
consent of the Senate.
At least one member shall have a background
with a minimum of five years experience as an owner, trainer, or
breeder of thoroughbred race horses. At least one member shall
have a background with a minimum of five years experience as an
owner or breeder of greyhound dogs.
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 2013 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.
§19-23-6. Powers and authority of Racing Commission.
The Racing Commission has full jurisdiction over and shall supervise all horse race meetings, all dog race meetings and all
persons involved in the holding or conducting of horse or dog race
meetings and, in this regard, it has plenary power and authority:
(1) To investigate applicants and determine the eligibility of
the applicants for a license or permit or construction permit under
the provisions of this article;
(2) To fix, from time to time, the annual fee to be paid to
the Racing Commission for any permit required under the provisions
of section two of this article;
(3) To promulgate reasonable rules 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
the provisions of its duties under 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.
(19) To adjudicate all disputes regarding any ejection or
exclusion of an occupational permit holder in accordance with the
Administrative Procedures Act as established by chapter
twenty-nine-a of this code.
(20) To approve or reject all racing associations house rules
relating to occupational permit holders after a period of public
comment.
__(21) To regulate objective stall allocation criteria for
occupational permit holders, subject to other criteria or
preferences in this article.
§19-23-9. Pari-mutuel system of wagering authorized; licensee
authorized to deduct commissions from pari-mutuel
pools; retention of breakage; auditing; minors.
(a) The pari-mutuel system of wagering upon the results of any
horse or dog race at any horse or dog race meeting conducted or held by any licensee is hereby authorized if, and only if, such
pari-mutuel wagering is conducted by the licensee within the
confines of the licensee's horse racetrack or dog racetrack and the
provisions of section one, article ten, chapter sixty-one of this
code relating to gaming shall not apply to the pari-mutuel system
of wagering in manner and form as provided 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.
(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 December 31, 1992, 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 $500,000 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 shall pay an amount equal to three 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.
Each greyhound racetrack licensee shall pay an amount equal to
one percent of purses actually paid during the preceding month to
the local West Virginia Greyhound Owners and Breeders Association
from the special fund required by this section for their
administrative fees.
__All greyhound owners and breeders of West Virginia whelped
greyhounds accredited as such by the West Virginia Racing Commission shall be given full voting membership in the West
Virginia Greyhound Owners and Breeders Association.
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
December 31, 1992, 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 1990 and 1991. 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 January 1, 1987.
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 July 1, 1989, 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 January 1, 1987, then on and after July
1, 1989, 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 July 1, 1989, 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 1987, 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 January 1, 1987, 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 January 1, 1987, 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.
(h) Each dog racing association shall provide an indoor
climate controlled viewing area for the wagering public that
provides an unrestricted view of the races from starting box to
include the entire racetrack. The viewing area must seat a minimum
of four hundred patrons and provide handicap access from seats to
the point of wagering.
§19-23-10. Daily license tax; pari-mutuel pools tax; how taxes
paid; alternate tax; credits.
(a) Any racing association conducting thoroughbred racing at
any horse racetrack in this state shall pay each day upon which
horse races are run a daily license tax of $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.
(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 one 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
and educational programs involving West Virginia whelped dogs,
owned by residents of this state under rules promulgated by the
Racing Commission. Ninety percent of the deposits into the
Greyhound Breeding Development Fund each year shall be expended by
the Racing Commission for supplemental purse awards, stakes races and training track facilities. Ten percent of the deposits into
the Greyhound Breeding Development Fund each year is authorized to
be expended by the Racing Commission for administration, promotion,
education and greyhound adoption programs to include spaying and
neutering of West Virginia whelped greyhounds. All expenditures
shall be for the West Virginia Greyhound Breeding Development
program involving West Virginia whelped Greyhounds 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 seventy-five 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.
The West Virginia Racing Commission shall provide an
accounting statement of the West Virginia Greyhound Breeding
Development Fund to each registered greyhound owner that is a
current monthly supplemental purse award recipient. The accounting
statement applies to the current period of supplemental purse award
distribution. The accounting statement shall identify all deposits
into the fund by their source and code and reference, all
distributions from the fund by category, a reference to the
applicable West Virginia Code section and the balance of the fund
at the end of the current supplemental purse award distribution
period. Additionally, each recipient shall be furnished a
statement showing the calculation of his or her current individual
supplemental purse award distribution.
__The West Virginia Lottery Commission shall assist the West
Virginia Racing Commission in providing a detailed statement of the
amount of racetrack video lottery distributions into the West
Virginia Greyhound Breeding Development Fund. The racetrack video
lottery accounting statement shall provide a reference to the West
Virginia Code section that applies to each accounting entry. The
racetrack video lottery accounting statement shall show total gross
terminal income by source and reference to the applicable West
Virginia Code section, each deduction from gross terminal income by category and reference the applicable West Virginia Code section,
net terminal income by source and code reference, and the deposits
to the West Virginia Greyhound Breeding Development Fund by
calculation and reference the applicable West Virginia Code
section.
__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: Any
balance at the end of a fiscal year in the ninety percent of
deposits into the Greyhound Breeding Development Fund expended for
supplemental purse awards, stake races, and training track
facilities, or in the ten percent of the deposits into the
Greyhound Breeding Development Fund each year expended for
administration, promotion, education, or adoption programs to
include spaying and neutering of West Virginia whelped greyhounds,
shall be promptly disbursed at the end of the fiscal year as year
end distributions to owners and breeders of West Virginia whelped
greyhounds on a pro rata basis to those owners and breeders having
earned supplemental purse awards in that fiscal year: Provided,
That not more than $2,000,000 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 $1,000,000 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. A minimum of $22,000 shall be reserved from the
deposits each month into the West Virginia Greyhound Breeding
Development Fund to fund the stakes races required under this section. The value of the two West Virginia Whelped Greyhound Open
Stakes Races shall be $85,000 each. The value of the two West
Virginia Whelped Greyhound Juvenile Stakes Races shall be $45,000
each. 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 and educational and capital
improvement account". The Racing Commission is authorized to
expend the moneys deposited in the administration, promotion and
educational and capital improvement 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 the amount expended each fiscal year for
greyhound adoption programs to include spaying and neutering of
West Virginia whelped greyhounds shall be the amount of valid
payment applications up to three percent of deposits into the West
Virginia Greyhound Breeding Development Fund: Provided, That however 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 and education. The commission shall
make an annual report to the Legislature on the status of the
administration, promotion and education account, including the
previous year's expenditures and projected expenditures for the
next year.
The Racing Commission, for the fiscal year 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.
PART VI. PARI-MUTUEL SYSTEM OF WAGERING AUTHORIZED;
COMMISSIONS DEDUCTED FROM PARI-MUTUEL POOLS.
§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,
or the authorized
representative of a majority of the owners and breeders at the dog
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 $1 million
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) subdivision (1),
subsection (b), 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.
§19-23-12b. Televised racing days; merging of pari-mutuel wagering
pools.
(a) For the purposes of this section:
(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 of horses or the owners and
breeders of dogs who hold permits required by section two of this
article at the licensed horse or dog racetrack; 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 Virginia
Thoroughbred Development Fund for a period of more than four
consecutive calendar years prior to December 31, 1992, the licensee
may apply for not less than one hundred fifty-nine live racing
dates during the calendar year 1997. 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, within thirty 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 of horses or the owners and breeders of dogs who hold
permits required by section two of this article at the receiving thoroughbred racetrack or the receiving dog 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 and
distribution 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 $100,000,
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 $1,250. For each televised racing
day on which the total pari-mutuel pool is $100,000, the licensee
shall pay a daily license tax of $500 plus an additional license
tax of $100 for each $10,000, or part thereof, that the pari-mutuel
pool exceeds $50,000, but does not exceed $100,000. 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 July
1, 1997, an additional 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 December 31, 1992. Dog racetrack licensees
shall pay six percent of net simulcast income to the West Virginia
Greyhound Breeding Development Fund established by subsection (d),
section ten of this article. 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 Greyhound
Breeding Development Fund". The dog racing association shall make
a deposit equal to three percent of the total wagering handle on
all imported simulcast race signals into the track purse accounts
for dogs established by subdivision (3), subsection (b), section
nine of this article.
(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.
§19-23-12c. Interstate simulcasts by licensed racetracks.
(a) Any licensed racing association may be authorized by the
commission to transmit broadcasts of races conducted at its
racetrack to legal wagering entities located outside this state, which legal wagering entities located outside this state shall not
be subject to the provisions of subsection (e), section twelve-b of
this article: Provided, That as consideration for the televised
racing services it provides, the host racing association shall
receive a signal transmission fee to be paid by the receiving legal
wagering entity which shall be in an amount agreed upon by the
receiving legal wagering entity and the host racing association.
All broadcasts of horse races shall be in accordance with all of
the provisions of the "Federal Interstate Horseracing Act of 1978,"
also known as Public Law 95-515, Section 3001-3007 of Title 15 of
the United States Code.
(b) One percent of the total signal transmission fee provided
in subsection (a) of this section shall be paid into a special fund
to be established by the Racing Commission for and on behalf of all
employees of the licensed racing association to be used for
payments into the pension plan for all employees of the licensed
racing association, and any thoroughbred horse racetrack which has
participated in the West Virginia Thoroughbred Development Fund for
a period of more than four consecutive calendar years prior to
December 31, 1992, 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 and dog racetracks shall pay
seven and one-half percent of the signal transmission fee into the West Virginia Greyhound Breeding Development Fund established by
the Racing Commission according to subsection (d), section ten 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 or the Greyhound Breeding 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 and dog racing associations shall make a deposit equal
to fifty percent of the remainder into the purse fund established
under the provisions of subdivision subdivisions (1) and (3),
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 or dog racing associations and the representative of the majority of owners and trainers of horses or
the owners and breeders of dogs at a particular thoroughbred
racetrack or dog race track, may be used for capital improvements
supporting simulcast operations.
§19-23-13b. West Virginia Thoroughbred Development Fund;
distribution; restricted races; nonrestricted
purse supplements; preference for West Virginia
accredited thoroughbreds.
(a) The Racing Commission shall deposit moneys required to be
withheld by an association or licensee in subsection (b), section
nine of this article in a banking institution of its choice in a
special account to be known as "West Virginia Racing Commission
Special Account -- West Virginia Thoroughbred Development Fund":
Provided, That after the West Virginia Lottery Commission has
divided moneys between the West Virginia Thoroughbred Development
Fund and the West Virginia Greyhound Breeding Development Fund
pursuant to the provisions of sections ten and ten-b, article
twenty-two-a, chapter twenty-nine of this code, the Racing
Commission shall, beginning 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.
(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 a
minimum of four restricted races per racing day, one being a substitute, and 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
Provided, That the
substitute race required by this section shall be the first
substitute race 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".
(3) Restricted races shall be funded by each racing
association from moneys placed in the General Purse Fund.
__________(4) If a thoroughbred wins a restricted race established in
this article or an accredited stakes race established in subsection
(d) of this section or a West Virginia thoroughbred breeders
classic stakes race established in subdivision (1), subsection (b),
section thirteen-c of this article, that win will not be considered
in eligibility for open races run by thoroughbred horse racetracks
in this state: Provided, That any horse can only break its maiden
once.
__________(4) (5) 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.
§19-23-13c. Expenditure of racetrack video lottery distribution.
(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.
(b) Funds in this account shall be allocated and expended as
follows:
(1) For each fiscal year, the first $800,000 deposited in the
separate account plus the amount then remaining of the June 30,
1997, 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 $200,000 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, the next $400,000 deposited into the
separate account shall be used by the Racing Commission for purses
for a greyhound race event to be known as the West Virginia
Greyhound Challenge Stakes Race. The location of this race event
shall be alternated each fiscal year between the greyhound
racetracks in West Virginia. The final of the stakes race matches
the top four accredited West Virginia whelped greyhounds with the
top four greyhounds from an open field.
__________(3) (4) For each fiscal year, once the amounts provided in
subdivisions (1), and (2) and (3) 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 and the West Virginia Greyhound Challenge Stakes
Race 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 quarter of the returned
excess funds shall be used for capital improvements at the
racetrack and one half three quarters of the returned excess funds
shall be deposited into the West Virginia Racing Commission Special
Account - West Virginia Greyhound Breeding Development Fund. equally divided between the West Virginia Racing
Commission-Special Account-West Virginia Greyhound Breeding
Development Fund established by subsection (d), section ten of this
article and the West Virginia Greyhound Challenge Stakes Race
established by subdivision (3), subsection (b) of this section.
(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 December 31,
1992, one half quarter of the returned excess funds shall be used
for capital improvements at the licensee's racetrack and one half
three quarters of the returned excess funds shall be equally
divided between the West Virginia Thoroughbred Breeders Classic,
the West Virginia Racing Commission Special Account - Unredeemed
Pari-Mutuel Tickets established by section thirteen of this article
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.
NOTE: The purpose of this bill is to require licensees to
provide preferential treatment to certain trainers. The bill sets
forth the criteria for receiving preferential treatment. The bill
increases the West Virginia Racing Commission by two members. The
bill sets forth qualifications. The bill authorizes the commission
to adjudicate certain disputes. The bill authorizes the commission
to approve or reject certain racing associations house rules. The
bill authorizes the commission to regulate stall allocation
criteria. The bill requires thoroughbred licensees to pay three
percent of paid purses into the local Horseman's Benevolent and
Protective Association. The bill requires greyhound licensees to
pay one percent of paid purses to the local West Virginia Greyhound
Owners and Breeders Association. The bill grants all greyhound
owners and breeders of certain greyhounds full voting membership in
the West Virginia Greyhound Owners and Breeders Association. The
bill requires dog racing associations to provide certain indoor
facilities and handicap access. The bill requires ninety percent of
the deposits into the Greyhound Breeding Development Fund each year
to fund supplemental purse awards, stakes races and training track
facilities. The bill requires ten percent of the deposits into the
Greyhound Breeding Development Fund each year to fund greyhound
adoption programs, including spaying and neutering. The bill
requires the commission to provide accounting statements to
greyhound owners. The bill requires the West Virginia Lottery
Commission to assist the Racing Commission in providing a detailed
statement of racetrack video lottery distributions into the West
Virginia Greyhound Breeding Development Fund. The bill sets forth
the contents of those statements. The bill proves that any year end
balance in the Greyhound Breeding Development Fund be distributed
to owners and breeders of West Virginia whelped greyhounds on a pro
rata basis. The bill requires a monthly minimum of $22,000 be taken
from the West Virginia Greyhound Breeding Development Fund to fund
stake races. The bill establishes the values of certain open stake
races and juvenile stake races for greyhounds. The bill provides
that up to three percent of payment applications deposited in the
West Virginia Greyhound Breeding Development Fund be used for
greyhound programs. The bill permits a representative of a majority
of the owners and breeders at the dog racetrack to
contract with
legal wagering entities to accept wagers on races
. The bill
requires dog racetrack licensees pay six percent of the net
simulcast income to the West Virginia Greyhound Breeding
Development Fund. The bill requires the dog racing association to deposit three percent of the total wagering handle on all imported
simulcast race signals into track purse accounts. The bill requires
dog racetracks to pay seven and one-half percent of the signal
transmission fee into the West Virginia Breeding Development Fund.
The bill permits the full year end balance in breeders/raisers,
sire owners and purse supplement funds to revert into the
Thoroughbred Development Fund for distribution to racing
associations and licensees instead of first being used to fund
certain races. The bill provides for additional horse races. The
bill provides that certain horse racing wins will not be considered
in eligibility for certain open races. The bill authorizes an
annual $400,000 expenditure from the West Virginia Racing
Commission Racetrack Video Lottery Account be used purses in a
newly created West Virginia Greyhound Challenge Stakes Race. The
bill decreases the amount of certain funds available to be used for
capital improvements at dog racetracks. The bill decreases the
amount of certain funds paid into the West Virginia Racing
Commission-Special Account-West Virginia Greyhound Breeding
Development Fund. The bill uses certain funds to fund the West
Virginia Greyhound Challenge Stakes Race. The bill decreases the
amount of certain funds available to be used for capital
improvements at horse racetracks. The bill requires certain funds
be deposited into the West Virginia Racing Commission Special
Account-Unredeemed Pari-Mutuel Tickets. The bill authorizes
rule-making and updates statutory language.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.