Senate Bill No. 612
(By Senators Bailey and Yoder)
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[Introduced February 7, 2008; referred to the Committee on
Government Organization; and then to the Committee on Finance.]
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A BILL to amend and reenact §19-23-4 of the Code of West Virginia,
1931, as amended, relating to increasing the State Racing
Commission from three to five members; and establishing who
may serve as members.
Be it enacted by the Legislature of West Virginia:
That §19-23-4 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 23. HORSE AND DOG RACING.
§19-23-4. West Virginia Racing Commission continued as a public
corporation; composition; terms; vacancies;
qualifications, expenses of members; principal
office; meetings; election of officers; quorum;
inspection of records; annual report.
(a) The "West Virginia Racing Commission," is continued in
existence as a public corporation and, as such, may contract and be contracted with, plead and be impleaded, sue and be sued and have
and use a common seal.
(b) The Racing Commission shall consist of
three five members,
not more than
two three of whom shall belong to the same political
party to be appointed by the Governor by and with the advice and
consent of the Senate.
One shall be a representative from the
West Virginia Greyhound Owners and Breeders Association, appointed
by the Governor from a list of three persons nominated by the West
Virginia Greyhound Owners and Breeders Association; and one shall
be a representative of the National Horsemen's Benevolence &
Protective Association appointed by the Governor from a list of
three persons nominated by the National Horsemen's Benevolence &
Protective Association. The term of office for the members of the
Racing Commission is four years, and until their successors have
been appointed and have qualified, and members of the Racing
Commission may serve any number of successive terms. The members
of the Racing Commission in office on the effective date of the
amendment and reenactment of this section in two thousand one
shall, unless removed by the Governor after the effective date of
this article, continue to serve until their terms expire and until
their successors have been appointed and have qualified. Any
vacancy in the office of a member of the Racing Commission shall be
filled by appointment by the Governor for the unexpired term of the
member whose office shall be vacant. No person is eligible for appointment to or to serve upon the Racing Commission:(1) Unless
he or she is an actual and bona fide resident of this state, shall
have resided in this state for a period of at least five years next
preceding his or her appointment, shall be a qualified voter of
this state and be not less than twenty-five years of age;
(2) Who directly or indirectly, or in any capacity, owns or
has any interest, in any manner whatever, in any racetrack where
horse or dog race meetings may be held, including, but not limited
to, an interest as owner, lessor, lessee, stockholder or employee;
(3) While serving as a member of the Legislature or as an
elective officer of this state; or
(4) Who has been or shall be convicted of an offense which,
under the law of this state or any other state or of the United
States of America, constitutes a felony, or is a violation of
article four, chapter sixty-one of this code.
(c) Each member of the Racing Commission shall be reimbursed
for all reasonable and necessary expenses actually incurred in the
performance of his or her duties as a member of the Racing
Commission.
(d) The Racing Commission shall have its principal office at
the seat of government, and shall meet annually at its principal
office in the month of January, and at any other times and places
designated by its chairman. At the annual meeting the Racing
Commission shall elect from its membership a chairman and any other officers that are desired. Other meetings of the Racing Commission
may be called by the chairman on such notice to the other members
prescribed by the Racing Commission.
(e) A majority of the members of the Racing Commission
constitute a quorum for the transaction of its business or the
exercise of any of its powers and authority. No person not a bona
fide member of the Racing Commission shall vote upon or participate
in the deliberations of the Racing Commission on any matter which
may come before it. All Racing Commission records, except as
otherwise provided by law, shall be open to public inspection
during regular office hours.
(f) As soon as possible after the close of each calendar year,
the Racing Commission shall submit to the Governor a report of the
transactions of the Racing Commission during the preceding calendar
year.
NOTE: The purpose of this bill is to increase from three to
five the number of members on the Racing Commission board and sets
forth who the members may be.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.