H. B. 4339
(By Delegate Hrutkay)
[Introduced January 30, 2008; referred to the
Committee on Government Organization then Finance.]
A BILL to amend and reenact §19-23-4 of the Code of West Virginia,
1931, as amended, relating to increasing the state Racing
Commission from three to five members; and establishing who
may serve as members.
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) 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) The Racing Commission shall consist of
members, not more than two three of whom shall belong to the same
political party to be appointed by the Governor by and with the
advice and consent of the Senate.
One shall be a representative
from the West Virginia Greyhound Owners and Breeders Association,
appointed by the Governor from a list of three persons nominated by
the West Virginia Greyhound Owners and Breeders Association; and
one shall be a representative of the National Horsemen's
Benevolence & Protective Association appointed by the Governor from
a list of three persons nominated by the National Horsemen's
Benevolence & Protective Association.
The term of office for the
members of the Racing Commission is four years, and until their
successors have been appointed and have qualified, and members of
the Racing Commission may serve any number of successive terms.
The members of the Racing Commission in office on the effective
date of the amendment and reenactment of this section in two
thousand one shall, unless removed by the Governor after the
effective date of this article, continue to serve until their terms
expire and until their successors have been appointed and have
qualified. 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. 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) 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
(d) The Racing Commission shall have its principal office at
the seat of government, and shall meet annually at its principal
office in the month of January, and at any other times and places
designated by its chairman. At the annual meeting the Racing
Commission shall elect from its membership a chairman and any other
officers that are desired. 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) 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. All Racing Commission records, except as
otherwise provided by law, shall be open to public inspection
during regular office hours.
(f) 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
NOTE: The purpose of this bill is to increase from three to
five the number of members on the Racing Commission board and sets
forth who the members may be.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would