H. B. 2696
(By Delegates Love and Pettit, By Request)
[Introduced January 10, 1996; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section eight-a, article
twenty-three, chapter nineteen of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, relating
to allowing simulcast racing to be shown anytime on Sunday.
Be it enacted by the Legislature of West Virginia:
That section eight-a, 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 V-A. SUNDAY RACING.
§19-23-8a. Applications for Sunday racing; local option election
procedures; protest procedures against approval.
(a) A racing association licensed under the provisions of
section one of this article and operating a horse or dog race track in a county may make application for permission to conduct
horse or dog racing on Sunday, between the hours of one p.m. and
six p.m., local time:
Provided, That simulcast racing may be
shown at anytime on Sunday.
Such application shall be filed with the racing commission.
The racing commission shall prescribe blank forms to be used in
making such application.
The racing commission, if it finds such application to be in
order, may grant tentative approval of such application and, if
it grants tentative approval of the application, shall prepare
and publish a notice to the public that the racing commission has
granted tentative approval of the application, that the racing
commission solicits public comment from the citizens of the
county and will hold a public hearing in the county on a date
specified in the notice in the county wherein the horse racing
track or dog racing track is located, that the racing commission
shall take such comment into consideration in deciding whether or
not to grant or deny final approval, and that the racing
commission will make final approval of such application at the
expiration of sixty days from the date of the first publication
of such notice, which date shall be specified in said notice,
unless within that time in accordance with subsection (c) of this
section, the county commission of the county in which such race
track is located shall order an election. Such notice shall be published as a Class II legal advertisement in compliance with
the provisions of article three, chapter fifty-nine of this code,
and the publication area for such publication shall be the county
in which the race track is located:
Provided, That prior to
granting final approval hereunder, the racing commission shall
solicit public comment from the citizens of the county, and hold
a public hearing in the county on a date specified in the hearing
notice specified above, in the county wherein the horse racing
track or dog racing track is located and shall take such comment
into consideration in deciding whether or not to grant final
tentative approval. If no such election is ordered, the racing
commission shall proceed to consider final approval of the
application.
(b) The county commission shall, upon the written petition
of qualified voters residing within the county equal to at least
fifteen percent of the number of persons who voted in that county
in the next preceding general election, received within the
period specified in subsection (a) of this section, which
petition may be in any number of counterparts, order an election
to determine whether it is the will of the voters of said county
that racing be permitted on Sundays in said county, which
election shall be held at the next primary or general election
held in such county. The racing commission shall permit such
racing pending certification of the results of the election.
(c) If such election is ordered, the county commission shall
give notice of such election by publication of such notice as a
Class II-0 legal advertisement in accordance with the provisions
of article three, chapter fifty-nine of this code. Such notice
shall be published within twenty-one consecutive days next
preceding the date of said election.
(d) The ballot, or the ballot labels where voting machines
are used, shall have printed thereon substantially the following:
"Shall the West Virginia Racing Commission be authorized to
approve horse racing on Sundays between the hours of one p.m. and
six p.m. in ________________________ County, West Virginia?
/ / Yes
/ / No
(Place a cross mark in the square opposite your choice.)"
In a county in which dog racing is conducted, the term "dog
racing" shall be substituted for "horse racing" on the ballot or
ballot label.
(e) Each individual qualified to vote in said county shall
be qualified to vote at such election. The votes in said
election shall be counted and returns made by the election
officers and the results certified by the commissioners of
election to said county commission, which shall canvass the
ballots, all in accordance with the laws of this state relating
to general elections insofar as the same are applicable. The
county commission shall, without delay, canvass the votes cast at such election and certify the results thereof to the racing
commission, and shall transmit a certified copy of said results
to the secretary of state.
(f) After the certification of the results of such election,
the racing commission shall: (1) Grant final approval of an
application for a license which contains racing dates which fall
on Sunday if a majority of the voters voting at such election
vote yes, and on such racing dates all racing and other
activities authorized by this article shall be lawful, any other
provisions of this code to the contrary notwithstanding; or (2)
deny final approval of an application for a license which
contains racing dates which fall on Sunday if less than a
majority of the voters voting at such election vote yes.
(g) After an election to determine whether it is the will of
the voters of said county that racing be permitted on Sundays in
said county, another election on such issue shall not be held for
a period of five years.
(h) After five years from such final approval, it shall be
the duty of the county commission upon a petition in writing of
qualified voters residing within the county equal to at least
fifteen percent of the number of persons who voted in that county
in the next preceding general election, which petition may be in
any number of counterparts, to order an election to determine
whether it is the will of the voters of said county that racing on Sundays be discontinued in said county. The provisions of
subsections (c) and (e) of this section shall govern said
election. The ballot, or the ballot labels where voting machines
are used, shall have printed thereon substantially the following:
"Shall racing of horses on Sunday in ________________
County, West Virginia, be discontinued?
/ / Yes
/ / No
(Place a cross mark in the square opposite your choice.)"
In a county in which dog racing is conducted, the word
"dogs" shall be substituted for "horses" on the ballot or ballot
label. If it be the will of a majority of the voters of said
county that Sunday racing be discontinued in said county, it
shall be the duty of the racing commission thereafter, for a
period of at least five years and until a subsequent election
shall otherwise direct, to deny applications to race on Sundays
in said county.
(i) Upon the written petition of qualified voters residing
within the county equal to at least thirty percent of the number
of persons who voted in that county in the next preceding general
election, which petition may be in any number of counterparts,
presented to the racing commission within sixty days after the
expiration of such publication protesting against such tentative
approval, the approval may not become effective and another
petition may not be filed for a period of five years.
NOTE: The purpose of this bill is to allow simulcast racing
to be shown anytime of day on Sunday.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.