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:
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.
W. Va. Code R. § 178-9-5