Senate Bill No. 392

(By Senators Snyder, Klempa, Yost and McCabe)

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[Introduced February 2, 2011; referred to the Committee on the Judiciary; and then to the Committee on Finance.]

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A BILL 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 in which used clearly requires a different meaning, as used in this article:

    (1) “Horse racing” means any type of horse racing, including, but not limited to, thoroughbred racing and harness racing;

    (2) “Thoroughbred racing” means flat or running type horse racing in which each horse participating therein is a thoroughbred and is mounted by a jockey;

    (3) “Harness racing” means horse racing in which the horses participating therein are harnessed to a sulky, carriage or other vehicle and shall does not include any form of horse racing in which the horses are mounted by jockeys;

    (4) “Horse race meeting” means the whole period of time for which a license is required by the provisions of section one of this article;

    (5) “Dog racing” means any type of dog racing, including, but not limited to, greyhound racing;

    (6) “Purse” means any purse, stake or award for which a horse or dog race is run;

    (7) “Racing association” or “person” means any individual, partnership, firm, association, corporation or other entity or organization of whatever character or description;

    (8) “Applicant” 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; as the case may be;

    (9) “License” means the license required by the provisions of section one of this article;

    (10) “Permit” means the permit required by the provisions of section two of this article;

    (11) “Construction permit” means the construction permit required by the provisions of section eighteen of this article;

    (12) “Licensee” 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) “Permit holder” 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) “Construction permit holder” 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) “Hold or conduct” includes “assist, aid or abet in holding or conducting”;

    (16) “Racing commission” means the West Virginia Racing Commission;

    (17) “Stewards” 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 and the reasonable rules 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) “Pari-mutuel” 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) “Pari-mutuel clerk” 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) “Pool” means a combination of interests in a joint wagering enterprise or a stake in such enterprise;

    (21) “Legitimate breakage” is the percentage left over in the division of a pool;

    (22) “To the dime” means that wagers shall be figured and paid to the dime;

    (23) “Code” 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) (A) Foaled in West Virginia; or

    (b) (B) Sired by an accredited West Virginia sire; or

    (c) (C) As a yearling, finished twelve consecutive months of verifiable residence in the state, except for thirty days’ grace:     (A) (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

    (B) (ii) For obtaining veterinary services, documented by veterinary reports;

    (25) “Accredited West Virginia sire” 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) “Breeder of an accredited West Virginia horse” is the owner of the foal at the time it was born in West Virginia;

    (27) “Raiser of an accredited West Virginia horse” 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 “owner of an accredited West Virginia sire” is the owner of record at the time the offspring is conceived;

    (29) The “owner of an accredited West Virginia horse” 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) “Registered greyhound owner” means an owner of a greyhound that is registered with the National Greyhound Association;

    (31) “Fund” means the West Virginia Thoroughbred Development Fund established in section thirteen-b of this article; and

    (32) “Regular purse” means both regular purses and stakes purses.

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    (NOTE: The purpose of this bill is to amend the definition of “accredited thoroughbred horse” to require registration with the Thoroughbred Breeders Association.

    Strike-throughs indicate language that would be stricken from the present law and underscoring indicates new language that would be added.)