H. B. 4113
(By Mr. Speaker, Mr. Kiss and Delegate Michael)
[Introduced January 28, 1998; referred to the
Committee on Finance.]
A BILL to amend and reenact section twelve-c, article twenty- three, chapter nineteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
simulcasting of horse and dog races and pari-mutuel wagering
on simulcast races; providing for a negotiated signal
transmission fee as consideration for a host racing
association's televised racing services; providing for
payments into racetrack employees' pension funds, the
thoroughbred development fund and purse funds; and making
technical corrections to clarify current law.
Be it enacted by the Legislature of West Virginia:
That section twelve-c, article twenty-three, chapter
nineteen of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted to read as
follows:
ARTICLE 23. HORSE AND DOG RACING.
§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 the thirty-first day of
December, one thousand nine hundred ninety-two
shall pay seven
and one-half percent of the signal transmission fee
shall be paid
into the West Virginia thoroughbred development fund established by the racing commission according to section thirteen-b of this
article. After deducting (i) the amounts required to be placed
into the pension plan for all employees of the licensed racing
association under this section, (ii) the amounts, if any,
required to be paid into the West Virginia thoroughbred
development fund under this section,
The racing association may
deduct from the signal transmission fee 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,
After the deductions
provided for in this subsection are made thoroughbred horseracing
associations shall make a deposit equal to fifty percent of the
remainder into the purse fund established under the provisions of
subdivision (1), subsection (b), section nine of this article.
NOTE: The purpose of this bill is to make technical changes
to clarify current law.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
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