H. B. 4689
(By Delegates Faircloth, Doyle and Manuel)
[Introduced February 25, 2000; referred to the
Committee on Finance.]
A BILL to amend and reenact section thirteen-b, article
twenty-three, chapter nineteen of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, relating to
providing that each pari-mutuel thoroughbred horse track
provides one restricted race per two racing days, and removing
the one hundred fifty thousand dollar cap for moneys placed in
the general purse fund.
Be it enacted by the Legislature of West Virginia:
That section 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 to read as
follows:
ARTICLE 23. HORSE AND DOG RACING.
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 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".
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
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.
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, the
first 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 the funds.
The bonus referred to in this subdivision shall only be paid on the
first one hundred thousand dollars 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
subdivision 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
the 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 race horse. The bonus
referred to in this subdivision 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 day 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 program provided for in this subsection 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 and advertising
purposes as described in this subsection 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 and thereafter -- one restricted race per three
two 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
,
That the provisions of this subsection shall
not apply to a thoroughbred race track at which the licensee has
participated in the West Virginia thoroughbred development fund for
a period of more than four consecutive calendar years prior to the
thirty-first day of December, one thousand nine hundred ninety-two.
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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