H. B. 2785
(By Delegate Manuel)
(Introduced March 31, 1993; referred to the
Committee on the Judiciary)
A BILL to amend and reenact sections ten, twelve-b and
thirteen-b, article twenty-three, chapter nineteen of the
code of West Virginia, one thousand nine hundred thirty-one,
as amended, relating supplemental purses for West Virginia
whelped dogs; providing that licensee pay one-tenth of one
percent of certain commissions to the general fund of
certain counties; to qualifications for merged simulcast
pools; providing a method for reducing the required minimum
number of live racing dates in order to conduct merged
simulcast pool racing; amending provisions for membership in
the West Virginia Thoroughbred Development Fund.
Be it enacted by the Legislature of West Virginia:
That sections ten, twelve-b, and thirteen-b, article
twenty-three, chapter nineteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended and
reenacted all to read as follows:
§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 whichhorse races are run a daily license tax of two hundred fifty
dollars. 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 one hundred fifty dollars.
Any racing association conducting dog races shall pay each day
upon which dog races are run a daily license tax of one hundred
fifty dollars. 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 two
hundred fifty dollars shall be paid for that day. Any such 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 aforementioned daily license tax, pay to the
racing commission, from the commission deducted each day by such
licensee from the pari-mutuel pools on thoroughbred racing a tax
calculated on the total daily contribution of all such pari-
mutuel pools conducted or made at any and every thoroughbred race
meeting of the licensee licensed under the provisions of this
article, which tax, on the pari-mutuel pools conducted or made
each day during the months of January, February, March, October,
November and December shall from the effective date of this
section and for fiscal year one thousand nine hundred eighty-
five, be calculated at two and six-tenths percent; for fiscalyear one thousand nine hundred eighty-six, be calculated at two
and three-tenths percent; for fiscal year one thousand nine
hundred eighty-seven, be calculated at two percent of such pool;
for fiscal year one thousand nine hundred eighty-eight, be
calculated at one and one-half percent; for fiscal year one
thousand nine hundred eighty-nine, be calculated at one percent
of such pool; for fiscal year one thousand nine hundred ninety,
seven-tenths of one percent, and for fiscal year one thousand
nine hundred ninety-one and each fiscal year thereafter be
calculated at four-tenths of one percent of such pool; and, on
the pari-mutuel pools conducted or made each day during all other
months, shall from the effective date of this section and for
fiscal year one thousand nine hundred eighty-five, be calculated
at three and six-tenths percent; for fiscal year one thousand
nine hundred eighty-six, be calculated at three and three-tenths
percent; for fiscal year one thousand nine hundred eighty-seven,
be calculated at three percent of such pool; for fiscal year one
thousand nine hundred eighty-eight, be calculated at two and one-
half percent; for fiscal year one thousand nine hundred eighty-
nine, be calculated at two percent of such pool; for fiscal year
one thousand nine hundred ninety, be calculated at one and seven-
tenths percent of such pool; and for fiscal year one thousand
nine hundred ninety-one and each fiscal year thereafter, be
calculated at one and four-tenths percent of such pool:
Provided,
That out of the amount realized from the three-tenths of one
percent decrease in such tax effective for fiscal year one
thousand nine hundred ninety-one and thereafter, which decrease
correspondingly increases the amount of commission retained bythe licensee, the licensee shall annually expend or dedicate (i)
one-half of such realized amount for capital improvements in its
barn area at the track, subject to the racing commission's prior
approval of the plans for such improvements, and (ii) the
remaining one-half of such 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 such racing
association operating a horse racetrack in this state having an
average daily pari-mutuel pool on horse racing of two hundred
eighty thousand dollars 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 hereinbefore in this
subsection provided, be permitted to conduct pari-mutuel wagering
at such horse racetrack on the basis of a daily pari-mutuel pool
tax fixed as follows: On the daily pari-mutuel pool not
exceeding three hundred thousand dollars the daily pari-mutuel
pool tax shall be one thousand dollars plus the otherwise
applicable percentage rate imposed by this subsection of the
daily pari-mutuel pool, if any, in excess of three hundred
thousand dollars:
Provided further,
That upon the effective date
of the reduction of such daily pari-mutuel pool tax to one
thousand dollars from the former two thousand dollars, the
association or licensee shall daily deposit five hundred dollars
into the special fund for regular purses established by
subdivision one, 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 oneracing performance, each consisting of up to ten races in a
calendar day, such association or licensee shall pay both the
daily license tax imposed in subsection (a) and the foregoing
alternate tax for each such 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:
Provided, however,
That this
exclusion shall not apply to any thoroughbred race track at which
the licensee has participated in the West Virginia Thoroughbred
Development Fund for more than four consecutive years prior to
the thirty-first day of December, one thousand nine hundred
ninety-two.
(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 aforementioned daily license tax, 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 one hundred thousand dollars wagered,
or any part thereof; four percent of the next one hundred fifty
thousand dollars; and five and three-fourths percent of all over
that amount wagered each day in all such 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 aforementioned daily license tax, pay to the racingcommission, from the commission deducted each day by such
licensee from the pari-mutuel pools on dog racing, as a tax, four
percent of the first fifty thousand dollars or any part thereof
of such pari-mutuel pools, five percent of the next fifty
thousand dollars of such pari-mutuel pools, six percent of the
next one hundred thousand dollars of such pari-mutuel pools,
seven percent of the next one hundred fifty thousand dollars of
such pari-mutuel pools, and eight percent of all over three
hundred fifty thousand dollars 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 one thousand nine hundred
ninety; fifteen hundreds of one percent in fiscal year one
thousand nine hundred ninety-one; two-tenths of one percent in
fiscal year one thousand nine hundred ninety-two; one quarter of
one percent in fiscal year one thousand nine hundred ninety-
three; and three-tenths of one percent in fiscal year one
thousand nine hundred ninety-four and every fiscal year
thereafter. The amounts so 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." Such moneys shall be
expended by the racing commission exclusively for purses for
stake races involving West Virginia whelped dogs, under rules and
regulations promulgated by the racing commission. The purpose of
the fund is to promote better breeding and racing of greyhounds
in the state through awards and purses for accredited WestVirginia whelped greyhounds. Such moneys shall be expended by
the racing commission for purses for stake races, supplemental
purse awards, administration, promotion and educational programs
involving West Virginia whelped dogs, under rules and regulations
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 seventy-five
thousand dollars for the fiscal year ending the thirty-first day
of June, one thousand nine hundred ninety-four. The licensee
shall deposit each sum into the special fund for regular purses
established under the provisions of section nine of this article.
Such funds shall be expended solely for the purpose of
supplementing regular purses under rules and regulations
promulgated by the racing commission.
Supplemental purse awards will be distributed as follows:
Supplemental purses shall be paid directly to the owner of an
accredited greyhound or, if said greyhound is leased, the owner
may choose to designate a percentage of the purse earned directly
to the lessor as agreed to via a written purse distribution form
on file with the racing commission.
The owner of accredited West Virginia whelped greyhounds
that earn a purse at any West Virginia West Virginia meet will
receive a bonus award calculated at the end of each month as a
percentage of the fund dedicated to the owners as purse
supplements, which shall be a minimum of fifty percent of the
total monies deposited into the West Virginia Greyhound Breeding
Development Fund monthly.
The total amount available for the owners' awards shall bedistributed according to the ratio of purses 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 owner of an accredited West Virginia whelped greyhound
shall file a purse distribution form with the racing commission
for a percentage of their dog's earnings to be paid directly to
the lessor of said greyhound. Distribution shall be made on the
fifteenth day of each month for the preceding month's
achievements.
In no event shall purses earned at a meet held at a track
which did not make contributions to the West Virginia Greyhound
Breeder's Development Fund out of the daily pool on the day the
meet was held qualify or count toward eligibility for
supplemental purse awards.
Any balance in the purse supplement funds after all
distributions have been made for the year shall revert to the
general account of the fund for distribution in the following
year.
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 fifty thousand dollars per annum, to
be paid in equal quarterly installments of twelve thousand five
hundred dollars per quarter using the same method to calculated
and distribute these funds as the regular supplemental purse
awards. This bonus purse supplement would be for three years
only, commencing on the first day of July, one thousand ninehundred ninety-three and ending the thirtieth day of June, one
thousand nine hundred ninety-six. 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. The racing commission shall oversee and approve
racing schedules and purse amounts.
Ten percent of the deposits into the Greyhound Breeding
Development Fund beginning the first day of July, one thousand
nine hundred ninety-three 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 account".
The racing commission is authorized to expend the moneys
deposited in the administration, promotion and educational
account at such times and in such amounts as the commission
determines to be necessary for purposes of administering and
promoting the greyhound development program:
Provided,
That
beginning with fiscal year one thousand nine hundred ninety-five
and in each fiscal year thereafter in which the commission
anticipates spending any money from such 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 theLegislature 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 one thousand nine
hundred ninety-four only, may expend up to thirty-five thousand
dollars from the West Virginia Greyhound Breeding Development
Fund to accomplish the purposes of this section without strictly
following the requirements of the above proviso.
(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 hereof, shall annually submit to the racing
commission and the Legislature financial statements, including a
balance sheet, income statement, statement of change in financial
position and an audit of any electronic data system used for
pari-mutuel tickets and betting, prepared in accordance with
generally accepted auditing standards, as certified by an
experienced public accountant or a certified public accountant.
§19-23-12b. 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-mutuelbetting is conducted on horse or dog races run at racetracks
outside of the state which are broadcast by television at a
licensed racetrack and which day or days have had the prior
written approval of the representative of the majority of the
owners and trainers who hold permits required by section two of
this article; and
(2) "Host racing association" means any person who, pursuant
to a license or other permission granted by the host state,
conducts the horse or dog race subject to the interstate wager.
(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 any other state to receive telecasts
and accept wagers on races conducted by the legal wagering
entity:
Provided,
That at those thoroughbred racetracks
participating in the West Virginia Thoroughbred Development Fund
authorized by section thirteen-b of this article, the licensee,
in applying for racing dates, shall apply for not less than two
hundred twenty live racing dates for each horse race meeting.
If, thereafter, for reasons beyond the licensees control, the
licensee concludes that this number of racing days cannot be
attained, the licensee may file a request with the racing
commission to modify the authorized live racing days by reducing
the number thereof. Upon receipt of such 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 tract that such
request has been received and that if no objection to the requestis received within ten days of the notification the request will
be approved. If an objection is received by the commission
within said time limits, the commission shall establish a binding
arbitration board. The board shall consist of one member
appointed by the licensee, one member appointed by the
representative of a majority of the owners and trainers at the
racetrack and a third member to be selected by the aforesaid two
members. In the event the two members cannot agree on the third
member, each party shall submit two names to the racing
commission and from those names the racing commission shall
appoint the third member of the board. The board shall hear from
all parties concerned and thereupon shall make recommendations to
the racing commission the required number of live racing days.
The recommendations of the board shall be final. The telecasts
may be received and wagers accepted at any location authorized by
the provisions of section twelve-a of this article. The contract
must receive the approval of the representative of the majority
of the owners and trainers who hold permits required by section
two of this article at the receiving 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.
(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 at which the wagering
occurred and there is imposed and the licensee shall pay, for
each televised racing day on which the total pari-mutuel pool
exceeds one hundred thousand dollars, the greater of either: (i)
The total of the daily license tax and the pari-mutuel pools tax
required by section ten of this article; or (ii) a daily license
tax of one thousand two hundred fifty dollars. For each
televised racing day on which the total pari-mutuel pool is one
hundred thousand dollars or less, the licensee shall pay a daily
license tax of five hundred dollars plus an additional license
tax of one hundred dollars for each ten thousand dollars, or part
thereof, that the pari-mutuel pool exceeds fifty thousand
dollars, but does not exceed one hundred thousand dollars.
Payments of the tax imposed by this section are subject to the
requirements of subsection (e), section ten of this article.
(2) From the license commissions authorized by subsection
(c) of this section, after payments are made in accordance withthe provisions of sudivision (1) of this subsection, the licensee
shall pay, for each televised racing day, one-fourth (1/4) of one
percent (1%) of the total pari-mutuel pools for and on behalf of
the pari-mutuel clerks. Such payment shall be made for and on
behalf of the parim-mutuel clerks by making a deposit into a
special fund to be established by the racing commission to be
used for payment into the pari-mutuel clerks' pension plan.
(f) After deducting the tax required by subsection (e) of
this section, the amount required to be paid under the terms of
the contract with the legal wagering entity of 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) (1),
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.
(h) The handle from televised simulcast racing shall not be
included in the calculation of "average daily handle" as it is
calculated in section ten of this article to determine the
alternative daily pari-mutuel pool tax.
PART IX. DISPOSITION OF PERMIT FEES,
REGISTRATION FEES AND FINES.
§19-23-13b. West Virginia thoroughbred development fund;
distribution; restricted races; nonrestricted purse
supplements.
The racing commission shall deposit moneys required to bewithheld 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".
Notice of the amount, date and place of the deposit shall be
given by the racing commission, in writing, to the state
treasurer. The purpose of the fund 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. A further objective of the fund
is to aid in the rejuvenation and development of the present
horse tracks now operating in West Virginia for capital
improvements, operations or increased purses between the first
day of July, one thousand nine hundred eighty-four, and the
thirty-first day of October, one thousand nine hundred ninety-
two:
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 created in the state treasury called the "administration
and promotion account". The racing commission is authorized to
expend the moneys deposited in the administration and promotion
account at such times and in such amounts as the commission
determines to be necessary for purposes of administering and
promoting the thoroughbred development program:
Provided,
however,
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 thatfiscal 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.
The funds shall be established immediately and operate on an
annual basis.
(a) Funds will be expended for awards and purses in the
following manner:
(i) Fifteen percent of the fund shall be available for
distribution for events taking place between the first day of
July, one thousand nine hundred eighty-four, and the thirty-first
day of December, one thousand nine hundred eighty-five;
(ii) Fifty percent of the fund shall be available for
distribution for events taking place between the first day of
January, one thousand nine hundred eighty-six, and the thirty-
first day of December, one thousand nine hundred eighty-six;
(iii) Seventy-five percent of the fund shall be available
for distribution for events taking place between the first day of
January, one thousand nine hundred eighty-seven, and the thirty-
first day of December, one thousand nine hundred eighty-seven;
(iv) One hundred percent of the fund shall be available
thereafter; and
(v) After the first day of July, one thousand nine hundred
ninety-one, and after the thirty-first day of December, one
thousand nine hundred ninety-one, and annually thereafter, thefirst one hundred thousand dollars of the fund shall be available
for distribution for a maximum of four stakes races. One of
these races shall be the West Virginia futurity and the second
shall be the Frank Gall memorial stakes. The remaining races may
be chosen by the committee set forth in subsection (b) of this
section.
(b) Awards and purses will be distributed as follows:
(i) The breeders/raisers of accredited thoroughbred horses
that earn a purse at any West Virginia meet will 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 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.
Of the funds available for distribution in any one year to
breeders/raisers, neither the breeders as a group nor the raisers
as a group shall, until the first day of January, one thousand
nine hundred ninety-four, qualify for more than sixty and one-
tenth percent of such funds. The bonus referred to in this
subdivision shall only be paid on the first one hundred thousanddollars of any purse, and not on any amounts in excess thereof.
(ii) The owner of a West Virginia sire of an accredited
thoroughbred horse that earns a purse in any race at a West
Virginia meet will 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
purses earned by the progeny of accredited West Virginia
stallions in the races for a particular stallion to the total
purses earned by the progeny of all accredited West Virginia
stallions in the 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 subsection shall only be paid on the first
one hundred thousand dollars of any purse, and not on any amounts
in excess thereof.
(iii) The owner of an accredited thoroughbred horse that
earns a purse in any race at a West Virginia meet will 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 such races of a particular race horse to the total
amount earned by all accredited race horses in the 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 racehorse. The bonus referred to in this subsection shall only be
paid on the first one hundred thousand dollars of any purse, and
not on any amounts in excess thereof.
(iv) In no event shall 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
section.
(v) Any balance in the breeders/raisers, sire owners and
purse supplement funds after yearly distributions shall: (1) Be
utilized to fund the races established in subsection (d) of this
section; and (2) revert back into the general account of the fund
for distribution in the next year.
Distribution shall be made on the fifteenth of each February
for the preceding year's achievements.
(c) The remainder, if any, of the fund that is not available
for distribution in the above program in any one year is reserved
for regular purses, marketing expenses and for capital
improvements in the amounts and under the conditions provided in
this subsection. Fifty percent of the remainder shall be
reserved for payments into the regular purse fund established in
subsection (b), section nine of this article. Up to five hundred
thousand dollars per year shall be available for: (1) Capital
improvements at the eligible licensed horse racing tracks in the
state; and (2) marketing and advertising programs above and
beyond two hundred fifty thousand dollars for the eligible
licensed horse racing tracks in the state:
Provided,
That moneys
shall be expended for capital improvements or marketing andadvertising purposes as described above only in accordance with
a plan filed with and receiving the prior approval of the racing
commission, and on a basis of fifty percent participation by the
licensee and fifty percent participation by moneys from the fund,
in the total cost of approved projects:
Provided, however,
That
funds approved for one track may not be used at another track
unless the first track ceases to operate or is viewed by the
commission as unworthy of additional investment due to financial
or ethical reasons.
(d) Each pari-mutuel thoroughbred horse track shall provide
at least the following restricted races in accordance with the
following time schedules:
(i) From the first day of July, one thousand nine hundred
eighty-four, to the thirty-first day of December, one thousand
nine hundred eighty-four -- one restricted race per eight racing
days;
(ii) From the first day of January, one thousand nine
hundred eighty-five, to the thirty-first day of December, one
thousand nine hundred eighty-five -- one restricted race per
seven racing days;
(iii) From the first day of January, one thousand nine
hundred eighty-six, to the thirty-first day of December, one
thousand nine hundred eighty-six -- one restricted race per six
racing days;
(iv) From the first day of January, one thousand nine
hundred eighty-seven, to the thirty-first day of December, one
thousand nine hundred eighty-seven -- one restricted race per
five racing days;
(v) From the first day of January, one thousand nine hundred
eighty-eight, to the thirty-first day of December, one thousand
nine hundred eighty-eight -- one restricted race per four racing
days;
(vi) From the first day of January, one thousand nine
hundred eighty-nine, to the thirty-first day of December, one
thousand nine hundred eighty-nine -- one restricted race per
three racing days; and thereafter.
The restricted races established in this subsection shall be
administered by a three-member committee consisting of: (A) The
racing secretary; (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 a majority of
the thoroughbred breeders. The purses shall be twenty percent
larger than the purses for similar type races at each track.
Restricted races shall be funded by each racing association from:
(1) Moneys placed in the general purse fund up to a maximum
of one hundred fifty thousand dollars per year.
(2) Moneys as provided in subdivision (v), subsection (b) of
this section shall be placed in a special fund called the "West
Virginia accredited race fund". The racing schedules, purse
amounts and types of races are subject to the approval of the
West Virginia racing commission.
(e) No association or licensee qualifying for the alternate
tax provision of subsection (b), section ten of this article is
eligible for participation in any of the provisions of this
section:
Provided, however,
That the provisions of this
subsection shall not apply to a thoroughbred race track at whichthe licenses has participated in the West Virginia Thoroughbred
Development Fund for a period of more than four consecutive
calendar years prior to the thirty-first day of December, one
thousand nine hundred ninety-two.