WEST virginia legislature
2017 regular session
Committee Substitute
for
Senate Bill 127
By Senator Maynard
[Originating in the Committee on the Judiciary; reported on February 14, 2017]
A BILL to amend and reenact §64-7-1, §64-7-2 and §64-7-3 of the Code of West Virginia, 1931, as amended, all relating to authorizing certain department of revenue legislative rules; authorizing the Insurance Commissioner to promulgate a legislative rule relating to adoption of a valuation manual; authorizing the Racing Commission to promulgate a legislative rule relating to thoroughbred racing; authorizing the Racing Commission to promulgate a legislative rule relating to pari-mutuel wagering; and authorizing the Lottery Commission to promulgate a legislative rule relating to limited video lottery.
Be it enacted by the Legislature of West Virginia:
That §64-7-1, §64-7-2 and §64-7-3 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 7. Authorization for Department of Revenue to promulgate legislative rules.
§64-7-1. Insurance Commissioner.
The legislative rule filed in the State Register on August 22, 2016, authorized under the authority of section ten, article two, chapter thirty-three of this code, relating to the Insurance Commissioner (adoption of valuation manual, 114 CSR 98), is authorized.
§64-7-2. Racing Commission.
(a) The legislative rule filed in the State Register on August 18, 2016, authorized under the authority of section two, article twenty-three, chapter nineteen of this code, modified by the Racing Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 19, 2016, relating to the Racing Commission (thoroughbred racing, 178 CSR 01), is authorized with the following amendment:
On pages 91 through 93, by striking out all of subdivision 49.3.m. and inserting in lieu thereof a new subdivision 49.3.m. to read as follows:
49.3.m.
Multiple Medication Violations. A trainer who receives a penalty for a
medication violation based upon a horse testing positive for a Class 1-5
medication with a Penalty Class A-D C, as provided in the Uniform
Classification Guidelines for Foreign Substances as promulgated by the
Association of Racing Commissioners International (RCI), Version 12.0
(revised January April 8, 2014 2016), set forth in
table 178-1D at the end of this rule, shall be assigned points as follows:
Penalty Class |
Points if Controlled Therapeutic Substance |
Points if Non-Controlled Substance |
Class A |
N/A |
6
|
Class B |
2 |
4 |
Class C |
|
|
Class D |
|
|
49.3.m.1. If the stewards or the Commission determine that the violation is due to environmental contamination, they may assign lesser or no points against the trainer based upon the specific facts of the case.
49.3.m.-1 49.3.m.2. The points assigned to
a medication violation by the stewards’ or the Commission’s ruling shall be
included in the Association of Racing Commissioners International official
database. and the The Association of Racing Commissioners
International shall assign record points consistent with the
table set forth under subdivision 49.3.m. for advisory purposes for
medication violations where points have not been assigned by regulatory action
including, when appropriate, a designation that the points have been suspended
for the medication violation. Points assigned by such regulatory ruling or
by the Association of Racing Commissioners International shall reflect, in
the case of multiple positive tests as described in paragraph 49.3.m.3, whether
they shall thereafter constitute a single violation. The stewards’ or
the Commission’s ruling shall be posted on the official website of the
Commission and within the official database of the Association of Racing
Commissioners International. If an appeal is pending, that fact shall be noted
in such ruling. No points shall be applied until a final adjudication of the
enforcement of any such violation.
49.3.m.2 49.3.m.3. A trainer’s cumulative
points for violations in all racing jurisdictions shall be maintained by the Association
of Racing Commissioners International. Once all appeals are waived or
exhausted, the points shall immediately become part of the trainer’s official
Association of Racing Commissioners International record and shall be
considered by the stewards or the Commission in their determination to subject
the trainer to the mandatory enhanced penalties as provided in this rule.
49.3.m.3. 49.3.m.4. Multiple positive tests
for the same medication incurred by a trainer prior to delivery of official
notice by the stewards or the Commission may be treated as a single violation.
In the case of a positive test indicating multiple substances found in a single
post-race sample, the stewards or the Commission may treat each substance found
as an individual violation for which points will be assigned, depending upon
the facts and circumstances of the case.
49.3.m.4. 49.3.m.5. The official
Association of Racing Commissioners International record shall be used to
advise the stewards or the Commission of a trainer’s past record of violations
and cumulative points. Nothing in this rule shall be construed to confer upon
a trainer the right to appeal a violation for which the remedies have been
exhausted or for which the appeal time has expired as provided by West Virginia
Code §§ 19-23-16(c) and 19-23-17.
49.3.m.5. 49.3.m.6. The stewards or the
Commission shall consider all points for violations in all racing jurisdictions
as contained in the trainers’ official Association of Racing Commissioners
International record when determining whether the mandatory enhancements
provided in this rule shall be imposed.
49.3.m.6. 49.3.m.7. In addition to the
penalty for the underlying offense, the following enhancements shall be imposed
upon a trainer based upon the cumulative points contained in his or her
official Association of Racing Commissioners International record:
Points |
Suspension in days |
|
15 to 30 |
6-8.5 |
45 to 60 |
9-10.5 |
90 to 180 |
11 or more |
180 to 360 |
49.3.m.7. 49.3.m.8. The multiple medication
violation penalty system is not a substitute for the penalty system otherwise
set forth in this rule and is intended to be an additional uniform penalty when
a permit holder:
49.3.m.7.A. 49.3.m.8.A. Has more than one
violation for the relevant time period; and
49.3.m.7.B. 49.3.m.8.B. Exceeds the
permissible number of points.
49.3.m.9. The stewards and the Commission shall consider aggravating and mitigating factors, including the trainer’s prior record for medication violations, when determining the appropriate penalty for the underlying offense. The multiple medication violation penalty is intended to be a separate and additional penalty for a pattern of violations.
49.3.m.8. 49.3.m.10. The suspension periods
as provided in the table set forth under paragraph 49.3.m.6. shall run
consecutive to any suspension imposed for the underlying offense.
49.3.m.9. 49.3.m.11. The stewards’ or the
Commission’s ruling shall distinguish between the penalty for the underlying
offense and any enhancement based upon a stewards’ or Commission review of a
trainer’s cumulative points and regulatory record, which may be considered an
aggravating factor in a case.
49.3.m.10. 49.3.m.12. Any trainer who
has received a medication violation may petition the Association of Racing
Commissioners International to expunge the points received for the violation
for the purpose of the multiple medication violation penalty system only. The points
shall be expunged by the Association of Racing Commissioners International or
upon request of the trainer Points shall expire as follows:
Penalty Classification |
Time to Expungement |
A |
|
B |
|
C |
|
|
|
49.3.m.-13. In the case of a medication violation that results in a suspension, any points assessed expire on the anniversary date of the date the suspension is completed.
(b) The legislative rule filed in the State Register on August 18, 2016, authorized under the authority of section six, article twenty-three, chapter nineteen of this code, modified by the Racing Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 19, 2016, relating to the Racing Commission (pari-mutuel wagering, 178 CSR 05), is authorized.
§64-7-3. Lottery Commission.
The legislative rule filed in the State Register on August 22, 2016, authorized under the authority of section four hundred two, article twenty-two-b, chapter twenty-nine of this code, modified by the Lottery Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 7, 2016, relating to the Lottery Commission (limited video lottery, 179 CSR 5), is authorized with the following amendments:
On page 4, paragraph 2.12.2.a., by striking out the word “with” and inserting in lieu thereof the word “has”;
On page 4, paragraph 2.12.2.b., by striking out the words “section 2.12.2.” and inserting in lieu thereof the words “subdivision 2.12.2. of this subsection.”;
On page 4, after paragraph 2.12.2.b., before the words “The provisions of any” by inserting “2.12.3.”;
And,
On page 4, subdivision 2.12.3. by striking out “2.12”.