SB 1060 — Providing WV certified thoroughbred eligibility and increase restricted race caps

WEST VIRGINIA LEGISLATURE REGULAR SESSION Enrolled Committee Substitute for Senate Bill 1060 BYSENATORBARRETT [Reported[Passed FebruaryMarch 27,9, 2026,2026; from the Committee on Finance] CS for SB 1060 A BILL to amend and reenact §19-23-3, §19-23-12c, §19-23-13b, §29-22A-10, and §29-22A-10b of the Code of West Virginia, 1931, as amended, relating to horse and greyhound racing;

in effect 90 days from passage (June 7, 2026)] Enr CS for SB 1060 AN ACT to amend and reenact §19-23-3, §19-23-12c, §19-23-13b, §29-22A-10, and §29-22A- 10b of the Code of West Virginia, 1931, as amended, relating to horse and greyhound racing;

setting requirements and purse calculations for West Virginia-Virginia-certified certified thoroughbred horses to race in restricted races;

providing eligibility requirements for West Virginia-Virginia-accredited accredited restricted races;

Enr CS for SB 1060 (5) "Dog racing" means any type of dog racing, including, but not limited to, greyhound racing;

Enr CS for SB 1060 (18) "Pari-mutuel" means a mutuel or collective pool that can be divided among those who have contributed their wagers to one central agency, the odds to be reckoned in accordance to the collective amounts wagered upon each contestant running in a horse or dog race upon which the pool is made, but the total to be divided among the first three contestants on the basis of the number of wagers on these;

Enr CS for SB 1060 (26) "Breeder of an accredited West Virginia horse" is the owner of the foal at the time it was born in West Virginia;

and (32) "Regular purse" means both regular purses and stakes purses;

Enr CS for SB 1060 (i) For the horse to be shipped to and from horse sales where the horse is officially entered in the sales catalogue of a recognized thoroughbred sales company;

After Enr CS for SB 1060 deducting:

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, thoroughbred horseracing racing associations shall make a deposit equal to 50 percent of the remainder into the purse fund established under the provisions of subdivision (1), subsection (b), section nine of this article:

Provided, That after the West Virginia Lottery Commission has divided moneys between the West Virginia Thoroughbred Development Fund and the West Virginia Greyhound Breeding Development Fund, pursuant to the provisions of sections §29-22-10 and §29-22-10b, the Racing Commission shall, beginning October 1, 2005, CS for SB 1060 deposit the remaining moneys required to be withheld from an association or licensee designated Enr CS for SB 1060 to the Thoroughbred Development Fund under the provisions of subsection (b), section nine of this article, subdivision (3), subsection (e), 12(b) of this article, subsection (b), section 12(c) of this article, paragraph (B), subdivision (3), subsection (b), section 13(c) of this article and sections §29-22A-10 and §29-22A-10b of this code into accounts for each thoroughbred racetrack licensee with a banking institution of its choice with a separate account for each association or licensee.

Provided, however, That four and one-half percent of the deposits into the Thoroughbred Development Fund CS for SB 1060 shall be placed in the Administration and Promotion Account, except that of this percentage, no more than $305,000 shall be placed in the account in any year.

Enr CS for SB 1060 (b) The Racing Commission is authorized to expend the moneys deposited in the administration and promotion account at times and in amounts as the commission determines to be necessary for purposes of administering and promoting the thoroughbred development program:

For the purpose of participating in the West Virginia Futurity only, all mares, starting with the breeding season beginning February 1 through July 31, 2004, and each successive breeding season thereafter, shall be bred back that year to an accredited West Virginia stallion only which is registered with the West Virginia Thoroughbred CS for SB 1060 Breeders Association.

(1) The breeders/raisers of accredited thoroughbred horses that earn a purse at a participating West Virginia meet shall 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 60 percent of the fund Enr CS for SB 1060 available for distribution in any one year.

CS for SB 1060 (3) The owner of an accredited thoroughbred horse that earns a purse in any participating race at a West Virginia meet shall receive a restricted purse supplement award calculated at the end of the year, which shall be 25 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 participating races during that year as a percentage of the fund dedicated to purse supplements.

However, the owners may not receive from the fund Enr CS for SB 1060 dedicated to purse supplements an amount in excess of 35 percent of the total accredited earnings for each accredited race horse.

For the purposes of a second restricted race there shall be CS for SB 1060 at least seven single betting interests and for purposes of a third restricted race there must be at least nine single betting interests in one of the restricted races run that day.

Effective May 1, 2026, West Virginia certified thoroughbred horses are also eligible for restricted races under this subsection for purse money only, provided that accredited thoroughbreds shall receive preference over West Virginia certified thoroughbreds only in the Enr CS for SB 1060 event of an oversubscribed field.

Provided, That a thoroughbred horse racetrack which did not participate in the West Virginia Thoroughbred Development fund for a period of more than four consecutive years prior to December 31, 1992, may fund restricted races in an amount not to exceed $1,000,000 $2 million per year;

CS for SB 1060 (g) As used in this section, "West Virginia-bred foal" means a horse that was born in the State of West Virginia.

or Enr CS for SB 1060 (3) The breeder of the West Virginia-bred foal is not a West Virginia resident and does not qualify under subdivision (2) of this subsection, but either the sire of the West Virginia-bred foal is a West Virginia stallion, or the mare is covered only by a West Virginia accredited stallion or stallions before December 31 of the calendar year following the birth of that West Virginia-bred foal.

manual reporting CS for SB 1060 and payment may be required;

Enr CS for SB 1060 (b) The gross terminal income of a licensed racetrack shall be remitted to the commission through the electronic transfer of funds.

Licensed racetracks must provide the commission 30 days’ advance notice of any proposed account changes in order to assure the uninterrupted electronic transfer of funds.

For all fiscal years beginning on or after July 1, 2001, the commission shall not receive an amount of gross terminal income in excess of the amount of gross terminal income received during the fiscal year ending on June 30, 2001, but four percent of any amount of gross terminal income received CS for SB 1060 in excess of the amount of gross terminal income received during the fiscal year ending on June 30, 2001, shall be deposited into the fund established in §29-22-18a of this code;

Each racetrack’s share of each year’s deposit Enr CS for SB 1060 shall be calculated in the same ratio as each racetrack’s apportioned contribution to the four percent administrative costs and expenses allowance provided for in subdivision (1) of this subsection for that year.

For all fiscal CS for SB 1060 years beginning on or after July 1, 2001, any amount of net terminal income received in excess of the amount of net terminal income received during the fiscal year ending on June 30, 2001, shall be divided as set out in §29-22A-10b of this code.

Enr CS for SB 1060 (1) The commission shall receive 30 percent of net terminal income, which shall be paid into the State Lottery Fund as provided in §29-22A-10a of this code;

and (B) Beginning July 1, 1999, and thereafter, any amount in excess of the two percent received during the fiscal year 1999 by a county in which a racetrack other than a racetrack described in paragraph (A) of this subdivision is located and where the racetrack has been located CS for SB 1060 in a municipality within the county since on or before January 1, 1999, shall be divided, if applicable, as follows:

and (C) In a county in which a racetrack other than a racetrack described in paragraphs (A) or (B) of this subdivision is located and where the racetrack has been located within that county Enr CS for SB 1060 since on or before January 1, 1999, and where the racetrack is not located in a municipality, the two percent of net terminal income shall be divided, if applicable, as follows:

(5) (A) The West Virginia Thoroughbred Development Fund created pursuant to §19-23- 13b of this code and the West Virginia Greyhound Breeding Development Fund created pursuant to §19-23-10 of this code shall receive an equal share of a total of not less than one and one-half percent of the net terminal income originating at licensed thoroughbred racetracks;

CS for SB 1060 (8)(A) The Tourism Promotion Fund established in §5B-2-12 of this code shall receive three percent of the net terminal income:

and Enr CS for SB 1060 (B) Notwithstanding any provision of paragraph (A) of this subdivision to the contrary, for each fiscal year beginning after June 30, 2004, this three percent of net terminal income and the three percent of net terminal income described in §29-22a-10b(a)(8)(B) of this code shall be distributed as provided in this paragraph as follows:

and CS for SB 1060 (v) 0.0625 percent of the total amount of net terminal income described in this section and in §29-22A-10b of this code shall be deposited into the 2004 Capitol Complex Parking Garage Fund administered by the Department of Administration pursuant to §5A-4-5a of this code;

Enr CS for SB 1060 (B) The deposit of the seven percent of net terminal income into the Workers’ Compensation Debt Reduction Fund pursuant to this subdivision shall expire and not be imposed with respect to these funds and shall be deposited in the special fund established by the licensee and used for payment of regular purses in addition to the other amounts provided in §19-23-1 et seq.

Provided, That only after sufficient moneys have been deposited in the fund to complete the veterans memorial and to pay in full the annual bonded indebtedness on the veterans memorial, not more than $20,000 of the one percent CS for SB 1060 of net terminal income provided in this subdivision shall be deposited into a special revenue fund in the State Treasury, to be known as the John F.

Upon payment in Enr CS for SB 1060 full of the bonded indebtedness on the veterans memorial, $100,000 of the one percent of net terminal income provided in this subdivision shall be deposited in the special fund in the Division of Culture and History created pursuant to §29-1I-3 of this code and be expended by the Division of Culture and History to establish a West Virginia veterans memorial archives within the Cultural Center to serve as a repository for the documents and records pertaining to the veterans memorial, to restore and maintain the monuments and memorial on the capitol grounds:

(i) Five hundred thousand dollars of the one percent of net terminal income shall be deposited in the State Treasury in a special fund of the Department of Administration, created CS for SB 1060 pursuant to §5A-4-5 of this code, to be used for construction and maintenance of a parking garage on the State Capitol Complex;