West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-09 - Reimbursement of Capital Reinvestment Projects › Section 178-9-5 - Use of Funds

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. A
				racetrack may submit invoices for partial reimbursements as a capital
				improvement project progresses or may submit invoices for full reimbursement at
				the conclusion of a project.
5.2.
				Invoices, cancelled checks and other supporting documentation submitted in
				connection with a partial or full reimbursement request shall be provided by
				the racetrack for review by the Director of Audit. The Director of Audit shall
				instruct an employee of the Commission stationed at the racetrack to perform a
				site visit to ensure that the status of the capital improvement project
				supports the request.
5.3.
				Thereafter, the Director of Audit shall perform a site visit or desk review,
				whichever is appropriate, to ensure that the request submitted for
				reimbursement has been completed and that it is in conformance with the request
				approved by the Commission.
5.4.
				Thereafter, the Director of Audit shall obtain the approval of the Executive
				Director to process the request for payment out of the racetrack's segregated
				capital improvement account.
5.5. A
				request for partial or full reimbursement that includes the final ten percent
				of the amount of funds approved by the Commission shall not be reimbursed to
				the racetrack until a project-end audit has been completed. The audit shall be
				performed by an employee of the Commission, or an entity or person selected by
				the Commission.
5.6. Upon
				completion of a capital improvement project, the racetrack shall submit a
				letter certifying completion to the Director of Audit.
Comments to proposed Title 178 Procedural
				  Rule West Virginia Racing Commission Series 9 Reimbursement of Capital
				  Reinvestment Projects
On behalf of Wlieeling Island Race Track, I submit tlie
				  following suggested additions to the Rule as currently proposed In order to
				  ensure that this rule is entirely procedural and does not affect previous
				  actions taken by the Racing Commission:
Add 4.4 to §
									178-9-4
				  to read as follows:
4.4 Any capital
				improvements that have been previously approved by the Commission for
				reimbursements prior to the adoption of this rule shall not be subject to the
				requirements of this rule. All previously approved reimbursements for capital
				improvements shall be reimbursed in the manner that such reimbursements were
				approved of prior to adoption of this rule.
4.5 If a racetrack has received approval for
				reimbursement of a capital improvement and the cost of the capital improvement
				exceeds the balance of such racetrack's segregated fund, the racetrack shall be
				entitled to receive reimbursement for the remainder of the amount expended on
				such capital improvement in future years until the racetrack is fully
				reimbursed for such capital improvement.
178CSR9
REIMBURSEMENT OF CAPITAL REINVESTMENT
				  PROJECTS
RESPONSE TO THE COMMENTS
The Racing Commission received one public comment on the
				  rule from Wheeling Island Racetrack. Wheeling Island commented that the
				  Commission should include language in the rule that clarifies that the rule
				  does not apply to projects pre-dating the effective date of the rule and should
				  include language that provides that if the Commission approves reimbursement
				  for a project that exceeds the current balance of the racetrack's account, the
				  Commission shall make installment payments out of future account balances until
				  the total project is paid off.
The Commission appreciates Wheeling Island's comment and
				  gave it consideration at its public meeting on May 20,2014. After considering
				  the comment, the Commission determined to leave the rule in the form that it
				  was proposed and not to make any amendments. The Commission has only one
				  approved project that is still ongoing that pre-dates the proposal of this
				  procedural rule, and that is a project approved for Wheeling Island. The
				  Commission has previously established the process for Wheeling Island to
				  receive reimbursement out of its capital reinvestment account for that
				  particular project and will continue to follow that process. The Commission
				  sees no need to amend the rule to address or acknowledge one outstanding
				  capital improvement project at Wheeling Island.
Further, the Commission has concern that Wheeling Island's
				  proposal to amend the rule to have the Commission grant installment payments
				  for capital improvement projects when a racetrack's current account will not
				  cover the project is more substantive than procedural. In addition, the
				  Commission is concerned about the public policy and fiscal implications of
				  approving a rule that would bind the Commission to make future payments out of
				  a racetrack's capita! reinvestment account in future years.
AMENDMENTS MADE TO THE RULE AS A RESULT OF
				  PUBLIC COMMENT
Consistent with the Commission's response to the only public
				  comment received, no amendments were made to the rule as a result of that
				  public comment.