H. B. 4678
(By Delegates Beane, Michael, Amores,
G. White, DeLong, Staton and Doyle)
[Introduced February 27, 2004; referred to the
Committee on Government Organization.]
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 staggered terms for members of
the racing commission; 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) General. -- 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) Commission members. -- The racing commission shall consist
of three members, not more than two of whom shall belong to the
same political party. to They shall be appointed by the governor
by and with the advice and consent of the Senate.
(c) Terms of office. -- The term of office for the members of
the racing commission is four years, and except that one member
appointed after the first day of April, two thousand four, shall be
appointed for a term ending the thirty-first day of December, two
thousand six, one member appointed after the first day of April two
thousand four, shall be appointed for a term ending the
thirty-first day of December, two thousand seven, and one member
appointed after the first day of April, two thousand four, shall be
appointed for a term ending the first day of December, two thousand
eight. Thereafter, members shall serve four-year terms that are
staggered.
(1) Members shall serve until their successors have been
appointed and have qualified. and members
(2) Members of the racing commission may serve any number of
successive terms.
(3) The members of the racing commission in office on the
effective date of the amendment and reenactment of this section in
two thousand one four shall, unless removed by the governor after
the effective date of this article section, continue to serve until their terms expire the first day of April, two thousand four, and
until their successors have been appointed and have qualified.
(4) 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.
(d) Eligibility for appointment. -- 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) (e) Reimbursement of expenses. -- 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) (f) Principal office. -- The racing commission shall have
its principal office at the seat of government. and
(g) Meetings. -- The racing commission shall meet annually at
its principal office in the month of January, and at any other
times and places designated by its chairman.
(1) At the annual meeting the racing commission shall elect
from its membership a chairman and any other officers that are
desired.
(2) 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) (h) Quorum. -- 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.
(i) Records. -- All racing commission records, except as
otherwise provided by law, shall be open to public inspection
during regular office hours.
(f) (j) Annual report. -- 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 provide for members of
the Racing Commission to serve staggered four-year terms, which was
the intent of the Legislature when the Racing Commission was
established in 1935. Between 1935 and 1989, members of the Racing
Commission served staggered four-year terms. In 1969 the language
that resulted in the creation of the staggered terms was deleted
from section 19-23-4. Nevertheless, members continued to serve
staggered terms based upon the historic term of each position on
the Racing Commission. However, since 1989, members of the Racing
Commission have served concurrent four-year terms. Terms of the
current Racing Commissioners will expire April, 2004.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.