COMMITTEE SUBSTITUTE

FOR


Senate Bill No. 695

(By Senators Unger and Ross)

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[Originating in the Committee on the Judiciary;

reported February 27, 2004.]

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A BILL to amend and reenact §19-23-4 of the code of West Virginia, 1931, as amended, relating generally to the West Virginia racing commission; providing for appointment of members; continuing terms of current members; providing staggered terms for members of racing commission; establishing requirements for eligibility for appointment; providing for reimbursement for expenses; establishing meeting requirements; and making technical corrections.

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 members, not more than two 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. 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.
(b) The racing commission shall consist of three members, no more than two of whom may be members of the same political party. Members shall be appointed by the governor with the advice and consent of the Senate.
(1) The members of the racing commission on the effective date of the enactment of this section in two thousand four shall continue on the commission as follows: (i) the member last appointed to the commission shall serve until the thirty-first day of January two thousand eight; (ii) the member who was next to the last to be appointed to the commission shall serve until the thirty-first day of January two thousand six; (iii) the member who was first appointed shall serve until the thirty-first day of January two thousand five.
(2) Except for appointments to fill vacancies, each subsequent appointment shall be for a term ending the thirtieth day of December of the fourth year following the year the preceding term expired.
(3) A member whose term has expired shall continue in office until a successor has been duly appointed and qualified.
(4) No member of the commission may be removed from office by the governor except for cause.
(5) Members of the commission may be appointed for any number of successive terms.
(c) 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 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) (d) 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.
(d) The racing commission shall have its principal office in Charleston, West Virginia. The commission shall meet annually and as often as necessary thereafter to conduct the commissions business.
(1) At the annual meeting the racing commission shall elect from its membership a chairman and any other officers that are desired.
(2) Meetings of the commission may be called by the chairman upon the joint request of the other members.
(3 The commission shall conduct its meetings pursuant to the open governmental proceedings act, article nine-a, chapter six of this code.
(e) (4) 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.
(e) 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 provide for members of the Racing Commission to serve staggered four-year terms. Since 1989 members of the Racing Commission have served concurrent four-year terms. Unless the law is changed, the terms of the current Racing Commissioners will all expire April 1, 2004. The bill also clarifies other provisions of the current law and removes archaic language.

Strike-throughs indicate language that would be stricken from present law. Underlining indicates new language that would be added.