West Virginia Code § 19-23-13c

Expenditure of racetrack video lottery distribution
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(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 ae 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, drate 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 activitiles, advertising, administrative costs and
purses for the West Virginia Thoroughbred Brseeders 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, once the amounts provided in subdivisions (1) and (2) 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, the Commission
shall return to each racetrack all additional amounts deposited which originate during that
fiscWal 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 of the returned excess funds shall be used for capital
improvements at the racetrack and one half of the returned excess funds shall be deposited
into the West Virginia Racing Commission Special Account - West Virginia Greyhound
Breeding Development Fund.
(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 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
equally divided between the West Virginia Thoroughbred Breeders Classic 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 ethe purposes
authorized by this section.

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