Introduced Version
House Bill 2132 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2132
(By Delegates Ferns, Ferro, Jones, R. Phillips,
Storch and Swartzmiller)
[Introduced February 13, 2013; referred to the
Committee on Government Organization then the Judiciary.]
A BILL to amend and reenact §19-23-1, §19-23-3 and §19-23-6 of the
Code of West Virginia, 1931, as amended, all relating to
permitting the racing commission to regulate charity racing
events and rule-making authority.
Be it enacted by the Legislature of West Virginia:
That §19-23-1, §19-23-3 and §19-23-6 of the Code of West
Virginia, 1931, as amended, be amended and reenacted, all to read
as follows:
ARTICLE 23. HORSE AND DOG RACING.
§19-23-1. License required for horse and dog racing and
pari-mutuel wagering in connection therewith;
exception.
(a) No association shall may hold or conduct any a horse or
dog race meeting at which where horse or dog racing is permitted
for any a purse unless such the association possesses a license
therefor from the West Virginia Racing Commission and complies with the provisions of this article and all reasonable rules and
regulations of such the Racing Commission.
(b) Notwithstanding the provisions of subsection (a) of this
section, the provisions of this article shall not be construed to
do not prevent in any way the use without a license of any grounds,
enclosure or racetrack owned and controlled by any an association
for any a local, county or state fair, horse show or agriculture or
livestock exposition, even though horse or dog racing be there
conducted, if the pari-mutuel system of wagering upon the results
of such horse or dog racing is neither permitted nor not permitted
or conducted with the knowledge or acquiescence of the association
conducting such the horse or dog racing.
(c) Notwithstanding the provisions of subsection (a) of this
section, the racing commission shall authorize and regulate a
charity racing event.
§19-23-3. Definitions.
Unless the context clearly requires a different meaning, as
used in this article:
(1) "Horse racing" means any type of horse racing, including,
but not limited to, thoroughbred racing and harness racing;
(2) "Thoroughbred racing" means flat or running type horse
racing in which each horse participating is a thoroughbred and
mounted by a jockey;
(3) "Harness racing" means horse racing in which the horses participating are harnessed to a sulky, carriage or other vehicle
and does not include any form of horse racing in which the horses
are mounted by jockeys;
(4) "Horse race meeting" means the whole period of time for
which a license is required by the provisions of section one of
this article;
(5) "Dog racing" means any type of dog racing, including, but
not limited to, greyhound racing;
(6) ôPurseö means any purse, stake or award for which a horse
or dog race is run;
(7) ôRacing associationö or ôpersonö means any individual,
partnership, firm, association, corporation or other entity or
organization of whatever character or description;
(8) ôApplicantö means any racing association making
application for a license under the provisions of this article or
any person making application for a permit under the provisions of
this article or any person making application for a construction
permit under the provisions of this article;
(9) ôLicenseö means the license required by the provisions of
section one of this article;
(10) ôPermitö means the permit required by the provisions of
section two of this article;
(11) ôConstruction permitö means the construction permit
required by the provisions of section eighteen of this article;
(12) ôLicenseeö means any racing association holding a license
required by the provisions of section one of this article and
issued under the provisions of this article;
(13) ôPermit holderö means any person holding a permit
required by the provisions of section two of this article and
issued under the provisions of this article;
(14) ôConstruction permit holderö means any person holding a
construction permit required by the provisions of section eighteen
of this article and issued under the provisions of this article;
(15) ôHold or conductö includes ôassist, aid or abet in
holding or conductingö;
(16) ôRacing commissionö means the West Virginia Racing
Commission;
(17) ôStewardsö means the steward or stewards representing the
Racing Commission, the steward or stewards representing a licensee
and any other steward or stewards whose duty it is to supervise any
horse or dog race meeting, all as may be provided by reasonable
rules of the Racing Commission which rules shall specify the number
of stewards to be appointed, the method and manner of their
appointment and their powers, authority and duties;
(18) ôPari-mutuelö 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;
(19) ôPari-mutuel clerkö means any employee of a licensed
racing association who is responsible for the collection of wagers,
the distribution of moneys for winning pari-mutuel tickets,
verification of the validity of pari-mutuel tickets and accounting
for pari-mutuel funds;
(20) ôPoolö means a combination of interests in a joint
wagering enterprise or a stake in such enterprise;
(21) ôLegitimate breakageö is the percentage left over in the
division of a pool;
(22) ôTo the dimeö means that wagers shall be figured and paid
to the dime;
(23) ôCodeö means the Code of West Virginia, 1931, as
heretofore and hereinafter amended;
(24) "Accredited thoroughbred horse" means a thoroughbred
horse that is registered with the West Virginia Thoroughbred
Breeders Association and that is:
(A) Foaled in West Virginia; or
(B) Sired by an accredited West Virginia sire; or
(C) As a yearling, finished twelve consecutive months of
verifiable residence in the state, except for thirty days' grace:
(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; or
(ii) For obtaining veterinary services, documented by
veterinary reports;
(25) ôAccredited West Virginia sireö is a sire that is
permanently domiciled in West Virginia, stands a full season in
West Virginia and is registered with West Virginia Thoroughbred
Breeders Association;
(26) ôBreeder of an accredited West Virginia horseö is the
owner of the foal at the time it was born in West Virginia;
(27) ôRaiser of an accredited West Virginia horseö is the
owner of the yearling at the time it finished twelve consecutive
months of verifiable residence in the state. During the period,
the raiser will be granted one month of grace for his or her horse
to be shipped to and from thoroughbred sales where the horse is
officially entered in the sales catalogue of a recognized
thoroughbred sales company. In the event the yearling was born in
another state and transported to this state, this definition does
not apply after the December 31, 2007, to any pari-mutuel racing
facility located in Jefferson County nor shall it apply after the
December 31, 2012, and thereafter to any pari-mutuel racing
facility located in Hancock County. Prior to the horse being
shipped out of the state for sales, the raiser must notify the
Racing Commission of his or her intentions;
(28) The ôowner of an accredited West Virginia sireö is the
owner of record at the time the offspring is conceived;
(29) The ôowner of an accredited West Virginia horseö means
the owner at the time the horse earned designated purses to qualify
for restricted purse supplements provided in section thirteen-b of
this article;
(30) ôRegistered greyhound ownerö means an owner of a
greyhound that is registered with the National Greyhound
Association;
(31) ôFundö means the West Virginia Thoroughbred Development
Fund established in section thirteen-b of this article; and
(32) ôRegular purseö means both regular purses and stakes
purses; and
_______________(33) "Charity racing event" means an activity of limited
duration consisting of wagering on prerecorded horse or dog races
for fundraising purposes by charitable organizations.
§19-23-6. Powers and authority of Racing Commission.
The Racing Commission has full jurisdiction over and shall
supervise all horse race meetings, all dog race meetings and all
persons involved in the holding or conducting of horse or dog race
meetings and, in this regard, it has plenary power and authority:
(1) To investigate applicants and determine the eligibility of
the applicants for a license or permit or construction permit under
the provisions of this article;
(2) To fix, from time to time, the annual fee to be paid to
the Racing Commission for any permit required under the provisions
of section two of this article;
(3) To promulgate reasonable rules implementing and making
effective the provisions of this article and the powers and
authority conferred and the duties imposed upon the Racing
Commission under the provisions of this article, including, but not
limited to, reasonable rules under which all horse races, dog
races, horse race meetings and dog race meetings shall be are held
and conducted, all of which reasonable rules shall be promulgated
in accordance with the provisions of article three, chapter
twenty-nine-a of this code except that the Racing Commission shall
promulgate separate rules, in accordance with article three,
chapter twenty-nine-a, pertaining to the kinds of legal combination
wagers which may be placed in connection with the pari-mutuel
system of wagering authorized by this article;
(4) To register colors and assumed names and to fix, from time
to time, the annual fee to be paid to the Racing Commission for any
such the registration;
(5) To fix and regulate the minimum purse to be offered during
any horse or dog race meeting;
(6) To fix a minimum and a maximum number of horse races or
dog races to be held on any respective racing day;
(7) To enter the office, horse racetrack, dog racetrack, kennel, facilities and other places of business of any licensee to
determine whether the provisions of this article and its reasonable
rules are being complied with, and for this purpose, the Racing
Commission, its executive director, representatives and employees
may visit, investigate and have free access to any such office,
horse racetrack, dog racetrack, kennel, facilities and other places
of business;
(8) To investigate alleged violations of the provisions of
this article, its reasonable rules, orders and final decisions and
to take appropriate disciplinary action against any licensee or
permit holder or construction permit holder for a violation or
institute appropriate legal action for enforcement or take
disciplinary action and institute legal action;
(9) By reasonable rules, to authorize stewards, starters and
other racing officials to impose reasonable fines or other
sanctions upon a person connected with or involved in any horse or
dog racing or any horse or dog race meeting and to authorize
stewards to rule off the grounds of any horse or dog racetrack any
tout, bookmaker or other undesirable individual determined inimical
to the best interests of horse and dog racing or the pari-mutuel
system of wagering in connection therewith;
(10) To require at any time the removal of any racing official
or racing employee of any licensee for the violation of any
provision of this article, any reasonable rule of the Racing Commission or for any fraudulent practice;
(11) To acquire, establish, maintain and operate, or to
provide by contract for the maintenance and operation of, a testing
laboratory and related facilities for the purpose of conducting
saliva, urine and other tests on the horse or dog or horses or dogs
run or to be run in any horse or dog race meeting and to purchase
all equipment and supplies considered necessary or desirable in
connection with the acquisition, establishment, maintenance and
operation of any testing laboratory and related facilities and all
such tests;
(12) To hold up, in any disputed horse or dog race, the
payment of any purse pending a final determination of the results
thereof;
(13) To require each licensee to file an annual balance sheet
and profit and loss statement pertaining to the licensee's horse or
dog racing activities in this state together with a list of each
licensee's stockholders or other persons having any beneficial
interest in the horse or dog racing activities of the licensee;
(14) To issue subpoenas for the attendance of witnesses and
subpoenas duces tecum for the production of any books, records and
other pertinent documents and to administer oaths and affirmations
to such witnesses, whenever, in the judgment of the Racing
Commission, it is necessary to do so for the effective discharge of
its duties under the provisions of this article;
(15) To keep accurate and complete records of its proceedings
and to certify the same as may be appropriate;
(16) To take any other action that may be reasonable or
appropriate to effectuate the provisions of this article and its
reasonable rules;
(17) To provide breeders' awards, purse supplements and moneys
for capital improvements at racetracks in compliance with section
thirteen-b of this article; and
(18) To mediate on site, upon request of a party, all disputes
existing between the racetrack licensees located in this state and
representatives of a majority of the horse owners and trainers
licensed at the track which threaten to disrupt any scheduled
racing event or events. The Racing Commission shall, upon the
request of a party, mediate on site all disputes existing between
racetrack licensees and representatives of pari-mutuel clerks which
threaten to disrupt any scheduled racing event or events. When a
request for mediation is made, the commission shall designate from
among its members one person to act as mediator in each dispute
that arises. Each opposing party involved in any dispute shall
negotiate in good faith with the goal of reaching a fair and mutual
resolution. The mediator may issue recommendations designed to
assist each side toward reaching a fair compromise. No owner or
operator or any horse owner or trainer or any pari-mutuel clerk
licensed at the track is required to abide by any recommendation made by any mediator acting pursuant to this subsection; and
_______________(19) Shall propose rules for legislative approval in
accordance with the provisions of article three, chapter
twenty-nine-a of this code to authorize and regulate a charity
racing event.
The Racing Commission shall not interfere in the internal
business or internal affairs of any licensee.
NOTE: The purpose of this bill is to permit the racing
commission to authorize and regulate a charity racing event and
authorize rule-making authority towards this end.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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