H. B. 2108
(By Delegate Love)
[Introduced January 20, 1995; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section fifteen, article
twenty-three, chapter nineteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
prohibiting the racing commission from suspending or revoking a
license or permit for more than one year if a conviction is not
related to the horse or dog racing industry.
Be it enacted by the Legislature of West Virginia:
That section fifteen, 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.
PART X. HEARING PROCEDURES; JUDICIAL REVIEW.
§19-23-15. Investigation by racing commission; suspension or
revocation of license or permit.
(a) The racing commission may conduct an investigation to
determine whether any provisions of this article or any of its
reasonable rules and regulations have been or are about to be
violated by a licensee or permit holder. The racing commission
may suspend or revoke a license or permit if the licensee or
permit holder, as the case may be:
(1) Is convicted 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,
and the offense is related to the horse or dog racing industry;
(2) Is, if a corporation, dissolved under the law of this
state or ceases to be qualified to do business within this state;
or
(3) Has a license or permit to which such licensee or permit
holder is not lawfully entitled.
(b) The racing commission may suspend a license or permit
for one year or less if the licensee or permit holder is convicted 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 even
though the offense is not related to the horse or dog racing
industry.
(b) (c) The racing commission may also suspend or revoke a
license or permit of a licensee or permit holder, as the case may
be, if it finds the existence of any ground upon which the
license or permit could have been refused, or any ground which
would be cause for refusing a license or permit to such licensee
or permit holder were such licensee or permit holder then
applying for the same.
(c) (d) A majority of the stewards at any horse or dog race
meeting may suspend or revoke a permit for any reason for which
the racing commission may suspend or revoke a permit, as
specified in subsections (a) and (b) of this section, or for any
other reason authorized by reasonable rules and regulations
promulgated by the racing commission.
(d) (e) Whenever a licensee fails to keep the bond required,
if any, under the provisions of section seven of this article in full force and effect, the license of such licensee shall
automatically be suspended unless and until a bond or other
security, if required, is furnished to the racing commission, in
which event the suspension shall be vacated.
(e) (f) Any suspension of a license or permit shall continue
for the period specified in the order of suspension, or until the
cause therefor has been eliminated or corrected, as set forth in
the order of suspension. Revocation of a license or permit shall
not preclude application for a new license or permit, which
application shall be processed in the same manner and the
application approved or denied and the license or permit issued
or refused on the same grounds as any other application for a
license or permit is processed, considered and passed upon,
except that any previous suspension and the revocation may be
given such weight in deciding whether to approve or deny such
application and issue or refuse such license or permit as is meet
and proper under all of the circumstances.
NOTE: The purpose of this bill is to prohibit the racing
commission from suspending or revoking a license or permit for
more than one year if a conviction is not related to the horse or
dog racing industry.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.