H. B. 4668


(By Delegates Yost, Tucker and Hrutkay)
[Introduced February 21, 2006; referred to the
Committee on Government Organization then Finance.]




A BILL to amend and reenact §19-23-6 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §19-23-7b, all relating to the powers and authority of the racing commission generally; providing for inspections of kennels and stables located on private property; requiring certain occupational licensing and providing for additional inspectors.

Be it enacted by the Legislature of West Virginia:
That §19-23-6 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto a new section, designated §19-23-7b, all to read as follows:
ARTICLE 23. HORSE AND DOG RACING.
PART IV. POWERS AND AUTHORITY OF RACING COMMISSION.

§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 and regulations 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 and regulations under which all horse races, dog races, horse race meetings and dog race meetings shall be held and conducted, all of which reasonable rules and regulations shall be promulgated in accordance with the provisions of article three, chapter twenty-nine-a of this code: Provided, That in accordance with article three, chapter twenty-nine-a, the racing commission shall promulgate separate rules 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 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 and regulations are being complied with, and for this purpose, the racing commission, its racing secretary, 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, and shall include entry of any kennel for greyhound racing dogs or stables for thoroughbred racing horses operated by a holder of an occupational permit including any kennel or stable operated by a holder of an occupational permit located on private property and any kennel housing greyhounds registered with West Virginia Greyhound Breeders Development Fund;
 (8) To investigate alleged violations of the provisions of this article, its reasonable rules and regulations, orders and final decisions and to take appropriate disciplinary action against any licensee or permit holder or construction permit holder for the violation thereof or institute appropriate legal action for the enforcement thereof or take such disciplinary action and institute such legal action;
(9) By reasonable rules and regulations, to authorize stewards, starters and other racing officials to impose reasonable fines or other sanctions upon any 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 and regulation 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 and regulations;
(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: Provided, That no owner or operator or any horse owner or trainer or any pari-mutuel clerk licensed at the track may be required to abide by any recommendation made by any mediator acting pursuant to this subsection.
The racing commission shall not interfere in the internal business or internal affairs of any licensee.
§19-23-7b. Kennels on private property; requirement that kennel keeper and staff obtain occupational permits; authority of racing commission to conduct investigations; and employment of additional inspectors.

(a) A kennel keeper or stable operator operating on private property shall be required to obtain an occupational permit pursuant to section two of this article. Moreover, any personnel working at that location shall be required to obtain an occupational permit.
(b) The racing commission shall have authority to inspect any proposed facility prior to issuance of an occupational permit to determine if it is a suitable place for the location of thoroughbreds or greyhounds. The racing commission shall have the authority to grant or deny issuance of an occupational permit based upon its inspection.
(c) Upon the grant of an occupational permit to a kennel keeper or stable operator operating on private or public property, the racing commission and its agents shall have authority to enter into any such premises at any time to conduct an inspection of the premises to determine if the location remains a suitable place for thoroughbreds or greyhounds to be safely housed.
(d) The racing commission shall employ as many inspectors as it deems necessary to conduct any and all initial inspections and subsequent inspections of stables or kennels. The racing commission may use up to five percent from the Special Revenue Fund of the Greyhound Breeders Development Fund as set forth in section ten of this article to pay salaries and benefits for additional inspectors.


NOTE: The purpose of this bill is to provide for inspections of kennels and stables located on private property. The bill requires certain personnel to obtain occupational licenses. The bill provides for the use of special revenue funds to pay for additional inspectors.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

§19-23-7b is new; therefore, strike-throughs and underscoring have been omitted.