H. B. 2388
(By Delegate Doyle)
[Introduced February 13, 2009; referred to the
Committee on Government Organization then Finance.]
A BILL to amend and reenact §19-23-3, §19-23-4, §19-23-5, §19-23-6
and §19-23-13b of the Code of West Virginia, 1931, as amended,
all relating to the Racing Commission; defining authority of
the Racing Commission; providing for five members of the
Racing Commission; providing qualifications for members of the
Racing Commission; abolishing certain positions within the
Racing Commission; creating the position of Director of
Racing; and providing authority for the Director of Racing.
Be it enacted by the Legislature of West Virginia:
That §19-23-3, §19-23-4, §19-23-5, §19-23-6 and §19-23-13b of
the Code of West Virginia, 1931, as amended, be amended and
reenacted, all to read as follows:
ARTICLE 23. HORSE AND DOG RACING.
§19-23-3. Definitions.
Unless the context in which used clearly requires a different meaning, as used in this article:
(1) "Horse racing" means any type of horse racing, including,
but not limited to, thoroughbred racing and harness racing;
(2) "Thoroughbred racing" means flat or running type horse
racing in which each horse participating therein is a thoroughbred
and is mounted by a jockey;
(3) "Harness racing" means horse racing in which the horses
participating therein are harnessed to a sulky, carriage or other
vehicle and shall not include any form of horse racing in which the
horses are mounted by jockeys;
(4) "Horse race meeting" means the whole period of time for
which a license is required by the provisions of section one of
this article;
(5) "Dog racing" means any type of dog racing, including, but
not limited to, greyhound racing;
(6) "Purse" means any purse, stake or award for which a horse
or dog race is run;
(7) "Racing association" or "person" means any individual,
partnership, firm, association, corporation or other entity or
organization of whatever character or description;
(8) "Applicant" means any racing association making
application for a license under the provisions of this article or
any person making application for a permit under the provisions of
this article, or any person making application for a construction permit under the provisions of this article, as the case may be;
(9) "License" means the license required by the provisions of
section one of this article;
(10) "Permit" means the permit required by the provisions of
section two of this article;
(11) "Construction permit" means the construction permit
required by the provisions of section eighteen of this article;
(12) "Licensee" means any racing association holding a license
required by the provisions of section one of this article and
issued under the provisions of this article;
(13) "Permit holder" means any person holding a permit
required by the provisions of section two of this article and
issued under the provisions of this article;
(14) "Construction permit holder" means any person holding a
construction permit required by the provisions of section eighteen
of this article and issued under the provisions of this article;
(15) "Hold or conduct" includes "assist, aid or abet in
holding or conducting";
(16) "Racing Commission" means the West Virginia Racing
Commission;
(17) "Stewards" means the steward or stewards representing the
Racing Commission, the steward or stewards representing a licensee
and any other steward or stewards, whose duty it is to supervise
any horse or dog race meeting, all as may be provided by reasonable rules of the Racing Commission, and the reasonable rules shall
specify the number of stewards to be appointed, the method and
manner of their appointment and their powers, authority and duties;
(18) "Pari-mutuel" means a mutuel or collective pool that can
be divided among those who have contributed their wagers to one
central agency, the odds to be reckoned in accordance to the
collective amounts wagered upon each contestant running in a horse
or dog race upon which the pool is made, but the total to be
divided among the first three contestants on the basis of the
number of wagers on these;
(19) "Pari-mutuel clerk" means any employee of a licensed
racing association who is responsible for the collection of wagers,
the distribution of moneys for winning pari-mutuel tickets,
verification of the validity of pari-mutuel tickets and accounting
for pari-mutuel funds;
(20) "Pool" means a combination of interests in a joint
wagering enterprise or a stake in such enterprise;
(21) "Legitimate breakage" is the percentage left over in the
division of a pool;
(22) "To the dime" means that wagers shall be figured and paid
to the dime;
(23) "Code" means the Code of West Virginia, 1931, as
heretofore and hereinafter amended;
(24) "Accredited thoroughbred horse" means a thoroughbred horse that is: (a) Foaled in West Virginia; (b) sired by an
accredited West Virginia sire; or (c) as a yearling, finished
twelve consecutive months of verifiable residence in the state,
except for thirty days grace: (A) For the horse to be shipped to
and from horse sales where the horse is officially entered in the
sales catalogue of a recognized thoroughbred sales company, or (B)
for obtaining veterinary services, documented by veterinary
reports;
(25) "Accredited West Virginia sire" is a sire that is
permanently domiciled in West Virginia, stands a full season in
West Virginia and is registered with West Virginia Thoroughbred
Breeders Association;
(26) "Breeder of an accredited West Virginia horse" is the
owner of the foal at the time it was born in West Virginia;
(27) "Raiser of an accredited West Virginia horse" is the
owner of the yearling at the time it finished twelve consecutive
months of verifiable residence in the state. During the period,
the raiser will be granted one month of grace for his or her horse
to be shipped to and from thoroughbred sales where the horse is
officially entered in the sales catalogue of a recognized
thoroughbred sales company. In the event the yearling was born in
another state and transported to this State, this definition does
not apply after December 31, 2007, to any pari-mutuel racing
facility located in Jefferson County; nor shall it apply after December 31, 2012, and thereafter to any pari-mutuel racing
facility located in Hancock County. Prior to the horse being
shipped out of the state for sales, the raiser must notify the
Racing Commission of his or her intentions;
(28) The "owner of an accredited West Virginia sire" is the
owner of record at the time the offspring is conceived;
(29) The "owner of an accredited West Virginia horse" means
the owner at the time the horse earned designated purses to qualify
for restricted purse supplements provided for in section thirteen-b
of this article;
(30) "Registered greyhound owner" means an owner of a
greyhound that is registered with the National Greyhound
Association;
(31) "Fund" means the West Virginia thoroughbred development
fund established in section thirteen-b of this article; and
(32) "Regular purse" means both regular purses and stakes
purses;
(33) "Director of Racing" or "director" means the individual
appointed by the Governor pursuant to section five of this article
to provide management and administration necessary to direct the
State Racing Office.
§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.
One member of the
commission shall have at least five years experience in law
enforcement and one member of the commission shall have at least
five years of experience as an accountant. Not less than one
member shall reside in each county or in a county adjacent to a
county where a pari-mutuel racetrack that is licensed as of January
1, 2009, is located. 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 2009
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 of this code.
(c) (b) 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 receive the same compensation as is paid to
members of the Legislature for their interim duties as recommended
by the Citizens Legislative Compensation Commission and authorized by law for each day or portion thereof engaged in the discharge of
official duties and each member shall be reimbursed for actual and
necessary expenses incurred in the discharge of official duties:
Provided, That the per mile rate to be reimbursed shall be the same
rate as authorized for members of the Legislature.
(d) (c) The Racing Commission shall have its principal office,
the State Racing Office, at the seat of government, and shall meet
annually at least quarterly at its principal office
in the month of
January, and at any other times and places designated by its
chairman, chair person,
the Director of Racing, or majority of the
commission members.
At the annual meeting the On July 1 of each
year, the Racing Commission shall elect from its membership a
chairman chair person 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) (d) 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
of the State Racing Office.
(f) (e) 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.
§19-23-5. Director of Racing and other personnel; qualifications;
terms; powers and duties; compensation and expenses.
(a)
The Racing Commission shall appoint a racing secretary to
represent the Racing Commission and such racing secretary shall
possess such powers and authority and perform such duties as the
Racing Commission may direct or prescribe. The racing secretary
shall preserve at the Racing Commission's principal office all
books, maps, records, documents and other papers of the Racing
Commission. The racing secretary shall, in addition to all other
duties imposed upon him by the Racing Commission, serve in a
liaison capacity between licensees and the Racing Commission. The
Racing Commission may also employ, direct and define the duties of
an assistant racing secretary and such stenographers, clerks and
other office personnel as it may deem necessary to carry out the
duties imposed upon it under the provisions of this article The
statutory offices of the racing secretary, assistant racing
secretary, chief clerk, director of security, director of audits,
and chief chemist are abolished effective on July 1, 2009.
(b) There is hereby created the position of the Director of
Racing whose duties include the management and administration of the State Racing Office. The Director of Racing shall be qualified
by training and experience to direct the operations of thoroughbred
and dog racing, and shall be appointed, by July 1, 2009, by the
Governor and shall serve at the will and pleasure of the Governor.
No person may be appointed as Director of Racing who has been
convicted of a felony or crime involving moral turpitude.
(c) The director serves on a full-time basis and may not be
engaged in any other profession or occupation.
(d) The director:
(1) Shall have a good reputation, particularly as a person of
honesty and integrity, and shall favorably pass a thorough
background investigation prior to appointment;
(2) The director may not hold political office in the
government of the state either by election or appointment while
serving as director;
(3) The director shall be a citizen of the United States and
must become a resident of the state within ninety days of
appointment;
(4) The director shall receive an annual salary as provided
by the Governor; and
(b) (e) In addition to the employees referred to above The
Racing
Commission Director, with the approval of the Racing
Commission, shall employ, direct and define the duties of a chief
clerk, director of security, director of audit, chief chemist stewards to represent the Racing Commission, supervisors of the
pari-mutuel wagering conducted under the provisions of this
article, veterinarians, inspectors, accountants, guards and all
other employees deemed by the
Racing Commission director to be
essential in connection with any horse or dog race meeting. The
Director of Audit shall be a certified public accountant or
experienced public accountant.
(c) (f) No individual shall knowingly be employed or be
continued in employment by the Racing Commission in any capacity
whatever:
(1) Who directly or indirectly, or in any capacity, owns or
has any interest, in any manner 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;
(2) Who at the time is or has been within one year prior
thereto a member of the Legislature or an elective officer of this
state, unless he
or she is experienced and qualified as a racing
official; or
(3) Who has been or shall be convicted of an offense which,
under the law of this state or any other state or of the United
States of America, constitutes a felony, or is a violation of
article four, chapter sixty-one of this code. Any steward employed
by the Racing Commission or by a licensee shall be a person of
integrity, and experienced and qualified for such position by the generally accepted practices and customs of horse or dog racing in
the United States.
(d) (g) The racing secretary and all other All employees
whose
functions are required or needed under the provisions of this
article of the Racing Commission shall serve at the will and
pleasure of the Racing
Commission Director.
The racing secretary
and the other employees referred to in this section as Employees of
the Racing Commission shall receive such compensation as may be
fixed by the Racing
Commission Director, with the approval of the
Racing Commission and within the limit of available funds, and
shall be reimbursed for all reasonable and necessary expenses
actually incurred in the performance of their official duties.
(e) (h) All compensation and reimbursement for expenses of the
members of the Racing Commission
the racing secretary and all other
employees of the Racing Commission shall be paid from the funds in
the hands of the State Treasurer collected under the provisions of
this article and shall be itemized in the budget in the same manner
as all other departments of state government, but no reimbursement
for expenses incurred shall be paid unless an itemized account
thereof, under oath, be first filed with the State Auditor.
§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
and regulations
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
and regulations
under which all horse races, dog races, horse race meetings and dog
race meetings shall be held and conducted, all of which reasonable
rules and shall be promulgated in accordance with the provisions of
article three, chapter twenty-nine-a of this code:
Provided, That
in accordance with article three, chapter twenty-nine-a, the Racing
Commission shall promulgate separate rules 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
and regulations are being complied with, and for this
purpose, the Racing Commission,
its racing secretary the Director
of Racing, 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 the violation
thereof or institute appropriate legal action for the enforcement
thereof or take such disciplinary action and institute such legal
action;
(9) By reasonable rules
and regulations, to authorize
stewards, starters and other racing officials to impose reasonable
fines or other sanctions upon any 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 and regulation of
the Racing Commission or for any fraudulent practice;
(11) To acquire, establish, maintain and operate, or to
provide by contract for the maintenance and operation of, a testing
laboratory and related facilities, for the purpose of conducting
saliva, urine and other tests on the horse or dog or horses or dogs
run or to be run in any horse or dog race meeting, and to purchase
all equipment and supplies considered necessary or desirable in
connection with the acquisition, establishment, maintenance and
operation of any testing laboratory and related facilities and all
such tests;
(12) To hold up, in any disputed horse or dog race, the
payment of any purse, pending a final determination of the results
thereof;
(13) To require each licensee to file an annual balance sheet
and profit and loss statement pertaining to the licensee's horse or
dog racing activities in this state, together with a list of each
licensee's stockholders or other persons having any beneficial
interest in the horse or dog racing activities of the licensee;
(14) To issue subpoenas for the attendance of witnesses and subpoenas duces tecum for the production of any books, records and
other pertinent documents, and to administer oaths and affirmations
to such witnesses, whenever, in the judgment of the Racing
Commission, it is necessary to do so for the effective discharge of
its duties under the provisions of this article;
(15) To keep accurate and complete records of its proceedings
and to certify the same as may be appropriate;
(16) To take any other action that may be reasonable or
appropriate to effectuate the provisions of this article and
its
reasonable rules
and regulations;
(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 contract and be contracted with, plead and be
impleaded, sue and have and use a common seal; and
(18) (19) 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:
Provided, That no owner or operator or any horse owner or trainer
or any pari-mutuel clerk licensed at the track may be required to
abide by any recommendation made by any mediator acting pursuant to
this subsection.
The Racing Commission
shall may not interfere in the
internal
business or internal
financial affairs of any licensee.
§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 the
eighth day of July, 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:
And provided further, 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 created in the State Treasury called the
"Administration and Promotion Account".
(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 $8,000 shall be available for distribution for a minimum of
14 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 $1000,000 of any purse and not on any amounts in
excess of the first $1,000.
(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 twenty-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 $1,000.
(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 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 $1,000.
(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 further,
however, That, if sufficient horses and funds are available, any
thoroughbred horse racetrack whose licensee participated in the
Thoroughbred Development Fund for at least four consecutive calendar years prior to December 31, 1992, shall provide two
restricted races per racing day, at least one of which may be split
at the discretion of the racing secretary. The restricted race
required by this section must be included in the first nine races
written in the condition book for that racing day.
(2) The restricted races established in this subsection shall
be administered by a three-member committee at each track
consisting of:
(A) The Racing
Secretary Director;
(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 million per year.
(B) Moneys as provided in subdivision (5), subsection (e) of
this section, which shall be placed in a special fund called the
"West Virginia Accredited Race Fund".
(4) The racing schedules, purse amounts and types of races are subject to the approval of the West Virginia Racing Commission.
(5) If less than seventy-five percent of the restricted races
required by this subsection fail to receive enough entries to race,
the Racing Commission shall, on a quarterly basis, dedicate funds
in each fund back to the general purse fund of the racing
association or licensee:
Provided, That no moneys may be dedicated
back to a general purse fund if the dedication would leave less
than $250,000 in the fund.
(g) As used in this section, "West Virginia bred-foal" means
a horse that was born in the State of West Virginia.
(h) To qualify for the West Virginia Accredited Race Fund, the
breeder must qualify under one of the following:
(1) The breeder of the West Virginia bred-foal is a West
Virginia resident;
(2) The breeder of the West Virginia bred-foal is not a West
Virginia resident, but keeps his or her breeding stock in West
Virginia year round; or
(3) The breeder of the West Virginia bred-foal is not a West
Virginia resident and does not qualify under subdivision (2) of
this subsection, but either the sire of the West Virginia bred-foal
is a West Virginia stallion, or the mare is covered only by a West
Virginia accredited stallion or stallions before December 31 of the
calendar year following the birth of that West Virginia bred-foal.
(i) From July 1, 2004, 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.
(k) The commission shall, during calendar year 2009, conduct
a study of the adequacy of funding provided for the Thoroughbred
Development Fund at any thoroughbred racetrack which has not
participated in the West Virginia Thoroughbred Development Fund for
a period of more than four consecutive calendar years prior to
December 31, 1992, and shall report its findings and
recommendations to the Joint Committee on Government and Finance on
or before December 1, 2009.
NOTE: The purpose of this bill is to expand the membership of
the Racing Commission from three to five members and reorganizes
the administrative functions of the West Virginia Racing Commission
by establishing a State Racing Office and creating the position of
Director of Racing. The Director of Racing will be a gubernatorial
appointee and will be responsible for the daily management of the
authorities and responsibilities of the West Virginia Racing
Commission.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.