H. B. 4635
(By Delegates Delong, Tabb, Wysong and Doyle)
[Introduced February 20, 2006; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §19-23-3 of the Code of West Virginia,
1931, as amended, relating to providing that in the event a
yearling was born in another state and transported to this
state, the definition of "Raiser of an accredited West
Virginia horse" does not apply to any pari-mutuel racing
facility in Jefferson County; and providing for a five-year
sunset provision relative to the applicability of this
definition at any pari-mutuel racing facility in Ohio County.
Be it enacted by the Legislature of West Virginia:
That §19-23-3 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 23. HORSE AND DOG RACING.
§19-23-3. Definitions.
Unless the context in which used 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 therein is a thoroughbred
and is mounted by a jockey;
(3) "Harness racing" means horse racing in which the horses
participating therein are harnessed to a sulky, carriage or other
vehicle and shall 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) "Purse" means any purse, stake or award for which a horse
or dog race is run;
(7) "Racing association" or "person" means any individual,
partnership, firm, association, corporation or other entity or
organization of whatever character or description;
(8) "Applicant" 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, as the case may be;
(9) "License" means the license required by the provisions of
section one of this article;
(10) "Permit" means the permit required by the provisions of
section two of this article;
(11) "Construction permit" means the construction permit
required by the provisions of section eighteen of this article;
(12) "Licensee" 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) "Permit holder" 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) "Construction permit holder" 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) "Hold or conduct" includes "assist, aid or abet in
holding or conducting";
(16) "Racing commission" means the West Virginia Racing
Commission;
(17) "Stewards" 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 and regulations of the racing commission, and the reasonable rules and regulations shall specify the number of stewards to be
appointed, the method and manner of their appointment and their
powers, authority and duties;
(18) "Pari-mutuel" 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) "Pari-mutuel clerk" 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) "Pool" means a combination of interests in a joint
wagering enterprise or a stake in such enterprise;
(21) "Legitimate breakage" is the percentage left over in the
division of a pool;
(22) "To the dime" means that wagers shall be figured and paid
to the dime;
(23) "Code" means the Code of West Virginia, one thousand nine
hundred thirty-one, as heretofore and hereinafter amended;
(24) "Accredited thoroughbred horse" means a thoroughbred horse that is: (a) Foaled in West Virginia; (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: (A) 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 (B)
for obtaining veterinary services, documented by veterinary
reports;
(25) "Accredited West Virginia sire" 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) "Breeder of an accredited West Virginia horse" is the
owner of the foal at the time it was born in West Virginia;
(27) "Raiser of an accredited West Virginia horse" 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: Provided, That in the event the
yearling was born in another state and transported to this state,
this definition does not apply to any pari-mutuel racing facility
located in Jefferson County; nor shall it apply on the first day of July, two thousand eleven, 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 "owner of an accredited West Virginia sire" is the
owner of record at the time the offspring is conceived;
(29) The "owner of an accredited West Virginia horse" means
the owner at the time the horse earned designated purses to qualify
for restricted purse supplements provided for in section thirteen-b
of this article;
(30) "Registered greyhound owner" means an owner of a
greyhound that is registered with the National Greyhound
Association;
(31) "Fund" means the West Virginia Thoroughbred Development
Fund established in section thirteen-b of this article; and
(32) "Regular purse" means both regular purses and stakes
purses.
NOTE: The purpose of this bill is to provide that in the event
a yearling was born in another state and transported to this state,
the definition of "Raiser of an accredited West Virginia horse"
won't apply to the horse racing track located in Charlestown in
Jefferson County. Further, a five-year sunset provision relative
to this definition would apply to the Mountaineer Horse Racing
Track in Ohio County.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.