ENROLLED
Senate Bill No. 392
(By Senators Snyder, Klempa, Yost and McCabe)
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[Passed March 4, 2011; in effect ninety days from passage.]
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AN ACT to amend and reenact §19-23-3 of the Code of West Virginia,
1931, as amended, relating to changing the definition of
"accredited thoroughbred horse" to require registration with
the West Virginia Thoroughbred Breeders Association.
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 19. HORSE AND DOG RACING.
§19-23-3. Definitions.
Unless the context clearly requires a different meaning, as
used in this article:
(1) ôHorse racingö means any type of horse racing, including,
but not limited to, thoroughbred racing and harness racing;
(2) ôThoroughbred racingö means flat or running type horse racing in which each horse participating is a thoroughbred and
mounted by a jockey;
(3) ôHarness racingö means horse racing in which the horses
participating are harnessed to a sulky, carriage or other vehicle
and does not include any form of horse racing in which the horses
are mounted by jockeys;
(4) ôHorse race meetingö means the whole period of time for
which a license is required by the provisions of section one of
this article;
(5) ôDog racingö means any type of dog racing, including, but
not limited to, greyhound racing;
(6) ôPurseö means any purse, stake or award for which a horse
or dog race is run;
(7) ôRacing associationö or ôpersonö means any individual,
partnership, firm, association, corporation or other entity or
organization of whatever character or description;
(8) ôApplicantö 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;
(9) ôLicenseö means the license required by the provisions of
section one of this article;
(10) ôPermitö means the permit required by the provisions of section two of this article;
(11) ôConstruction permitö means the construction permit
required by the provisions of section eighteen of this article;
(12) ôLicenseeö 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) ôPermit holderö 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) ôConstruction permit holderö 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) ôHold or conductö includes ôassist, aid or abet in
holding or conductingö;
(16) ôRacing commissionö means the West Virginia Racing
Commission;
(17) ôStewardsö 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 of the Racing Commission which rules shall specify the number
of stewards to be appointed, the method and manner of their
appointment and their powers, authority and duties;
(18) ôPari-mutuelö 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) ôPari-mutuel clerkö 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) ôPoolö means a combination of interests in a joint
wagering enterprise or a stake in such enterprise;
(21) ôLegitimate breakageö is the percentage left over in the
division of a pool;
(22) ôTo the dimeö means that wagers shall be figured and paid
to the dime;
(23) ôCodeö means the Code of West Virginia, 1931, as
heretofore and hereinafter amended;
(24) "Accredited thoroughbred horse" means a thoroughbred
horse that is registered with the West Virginia Thoroughbred
Breeders Association and that is:
(A) Foaled in West Virginia; or
(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:
(i) 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
(ii) For obtaining veterinary services, documented by
veterinary reports;
(25) ôAccredited West Virginia sireö 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) ôBreeder of an accredited West Virginia horseö is the
owner of the foal at the time it was born in West Virginia;
(27) ôRaiser of an accredited West Virginia horseö 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. In the event the yearling was born in
another state and transported to this state, this definition does
not apply after the December 31, 2007, to any pari-mutuel racing
facility located in Jefferson County nor shall it apply after the
December 31, 2012, 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 ôowner of an accredited West Virginia sireö is the
owner of record at the time the offspring is conceived;
(29) The ôowner of an accredited West Virginia horseö means
the owner at the time the horse earned designated purses to qualify
for restricted purse supplements provided in section thirteen-b of
this article;
(30) ôRegistered greyhound ownerö means an owner of a
greyhound that is registered with the National Greyhound
Association;
(31) ôFundö means the West Virginia Thoroughbred Development
Fund established in section thirteen-b of this article; and
(32) ôRegular purseö means both regular purses and stakes
purses.
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