H. B. 3120
(By Delegates DeLong and Swartzmiller)
[Introduced March 30, 2001; referred to the
Committee on Government Organization.]
A BILL to amend and reenact section eight, article twenty-three,
chapter nineteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to authority of
the racing commission; broadening the commission's authority
to approve or reject license applications.
Be it enacted by the Legislature of West Virginia:
That section eight, article twenty-three, chapter nineteen of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 23. HORSE AND DOG RACING.
§19-23-8. Consideration of application for license or permit;
issuance or denial; contents of license or permit;
grounds for denial of application; determination of
racing dates; license or permit not transferable or
assignable; limitation on license; validity of permit.
(a) The racing commission shall promptly consider any
application for a license or permit, as the case may be. Based
upon such application and all other information before it, the
racing commission shall make and enter an order either approving or
denying such the application. The application shall be denied for
any reason specified in subsection (b) of this section. If an
application for a license is approved, the racing commission shall
issue a license to conduct a horse or dog race meeting, and shall
designate on the face of such the
license the kind or type of horse
or dog racing for which the same is issued, the racing association
to which the same is issued, the dates upon which such the
horse or
dog race meeting is to be held or conducted (which may be any
weekdays, or weeknights, including Sundays), the location of the
horse or dog racetrack, place or enclosure where such the
horse or
dog race meeting is to be held or conducted and such other
information as the racing commission shall deem consider proper.
If an application for a permit is approved, the racing commission
shall issue a permit and shall designate on the face of such the
permit such information as the racing commission shall deem
consider proper.
(b) The racing commission shall may deny the application and
refuse to issue the license or permit, as the case may be, which
denial and refusal shall be final and conclusive unless a hearing is demanded in accordance with the provisions of section sixteen of
this article, if the racing commission finds that the applicant
(individually, if an individual, or the partners or members, if a
partnership, firm or association, or the owners and directors, if
a corporation):
(1) Has knowingly made false statement of a material fact in
the application or has knowingly failed to disclose any information
called for in the application;
(2) Is or has been guilty of any corrupt or fraudulent act,
practice or conduct in connection with any horse or dog race
meeting in this or any other state;
(3) Has been convicted, within ten years prior to the date of
such the
application, of an offense which under the law of this
state, of any other state or of the United States of America, shall
constitute a felony or a crime involving moral turpitude;
(4) Has failed to comply with the provisions of this article
or any reasonable rules and regulations of the racing commission;
(5) Has had a license to hold or conduct a horse or dog race
meeting or a permit to participate therein denied for just cause,
suspended or revoked in any other state;
(6) Has defaulted in the payment of any obligation or debt due
to this state under the provisions of this article;
(7) Is, if a corporation, neither incorporated under the laws
of this state nor qualified to do business within this state;
(8) In the case of an application for a license, has failed to
furnish bond or other adequate security, if the same is required by
the racing commission under the provisions of section seven of this
article;
(9) In the case of an application for a permit, is unqualified
to perform the duties required for the permit sought; or
(10) In the case of an application for a permit, is, for just
cause, determined to be undesirable to perform the duties required
of such the
applicant.
(c) In issuing licenses and fixing dates for horse or dog race
meetings at the various horse racetracks and dog racetracks in this
state, the racing commission shall consider the horse racing
circuits and dog racing circuits with which the horse racetracks
and dog racetracks in this state are associated or contiguous to,
and shall also consider dates which are calculated to increase the
tax revenues accruing from horse racing and dog racing.
(d) A license issued under the provisions of this article is
neither transferable nor assignable to any other racing association
and shall may not permit the holding or conducting of a horse or
dog race meeting at any horse or dog racetrack, place or enclosure
not specified thereon. However, if the specified horse or dog
racetrack, place or enclosure becomes unsuitable for the horse or
dog race meeting because of flood, fire or other catastrophe, or
cannot be used for any reason, the racing commission may, upon application, authorize the horse or dog race meeting, or any
remaining portion thereof, to be conducted at any other racetrack,
place or enclosure available for that purpose, provided that the
owner of such the
racetrack, place or enclosure willingly consents
to the use thereof.
(e) No type of horse racing or dog racing shall be conducted
by a licensee at any race meeting other than that type for which a
license was issued.
(f) Each permit issued under the provisions of this section
shall be for the period ending the thirty-first day of December
thirty-first of the year for which it was issued, and shall be
valid at all horse or dog race meetings during the period for which
it was issued, unless it be sooner suspended or revoked in
accordance with the provisions of this article. A permit issued
under the provisions of this article is neither transferable nor
assignable to any other person.
NOTE:
The purpose of this bill is to
increase the racing
commission's discretion in approving or denying applications for
dog or horse racing licenses or permits.
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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