ENROLLED

COMMITTEE SUBSTITUTE

FOR

H. B. 2958

(By Delegates Doyle, Swartzmiller, Guthrie

 and Morgan)

[Passed March 12, 2011; in effect ninety days from passage.]

AN ACT to amend and reenact §19-23-14 of the Code of West Virginia, 1931, as amended, relating to allowing the West Virginia Racing Commission to use certain permit and registration fees to pay salaries and other budgeted expenses; and providing that judges and the Racing Commission may also impose penalties.

Be it enacted by the Legislature of West Virginia:

    That §19-23-14 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 23. HORSE AND DOG RACING.

§19-23-14. Disposition of permit fees, registration fees and civil penalties.

    (a) All permit fees and fees paid for the registration of colors or assumed names collected by the Racing Commission shall be paid by the commission to the State Treasurer for deposit in the Racing Commission’s general administrative account.

    (b) All civil penalties imposed by the stewards, judges or the commission shall be paid into a relief fund and paid out on the order of the commission for hospitalization, medical care and funeral expenses occasioned by injuries or death resulting from an accident sustained by any permit holder while in the discharge of his or her duties under the jurisdiction of the Racing Commission: Provided, That (1) No payment may be made from the relief fund for any hospitalization, medical care or funeral expenses of a permit holder who is covered by workers' compensation or an insurance policy providing payments for hospitalization, medical care or funeral expenses; and (2) any balance in the relief fund in excess of $5,000, less any outstanding obligations, shall thereupon be transferred by the Racing Commission to the State Treasurer for deposit to the credit of the General Revenue Fund of this state.