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2011 SESSION

11103577D
SENATE BILL NO. 1332
Offered January 12, 2011
Prefiled January 12, 2011
A BILL to amend and reenact §§ 59.1-376 and 59.1-378.1 of the Code of Virginia, relating to the Virginia Racing Commission; limited licensees; licensing of limited duration meetings.
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Patron-- Herring
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Referred to Committee on General Laws and Technology
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Be it enacted by the General Assembly of Virginia:

1.  That §§ 59.1-376 and 59.1-378.1 of the Code of Virginia are amended and reenacted as follows:

§ 59.1-376. Limited licenses; transfer of meet; taxation; authority to issue; limitations.

A. Notwithstanding the provisions of § 59.1-375 or § 59.1-378 but subject to such regulations and criteria as it may prescribe, the Commission is authorized to issue limited licenses, provided such licenses shall permit any holder to conduct a race meeting or meetings for a period not to exceed fourteen 14 days in any calendar year.

B. The Commission may at any time, in its discretion, authorize any organization or association licensed under this section to transfer its race meeting or meetings from its own track or place for holding races, to the track or place for holding races of any other organization or association licensed under this chapter upon the payment of any and all appropriate license fees. No such authority to transfer shall be granted without the express consent of the organization or association owning or leasing the track to which such transfer is made.

C. For any such meeting the licensee shall retain and pay from the pool the tax as provided in § 59.1-392.

D. No person to whom a limited license has been issued nor any officer, director, partner, or spouse or immediate family member thereof shall make any contribution to any candidate for public office or public office holder at the local or state level; however, the provisions of this subsection shall not apply when (i) the limited licensee has been granted tax-exempt status under § 501(c)(3) or 501(c)(4) of the Internal Revenue Code and (ii) the duration of the race meeting or meetings under the limited license is in aggregate three days or less in any calendar year.

§ 59.1-378.1. Licensing of owners or operators of certain pari-mutuel facilities.

A. Notwithstanding the provisions of § 59.1-391, the Commission may grant a license, for a duration to be determined by the Commission, to the owner or operator of a Thoroughbred racing, harness racing or steeplechase racing facility for the purpose of conducting pari-mutuel wagering on steeplechase such race meetings at that facility for a period not to exceed fourteen 14 days in any calendar year, provided that, prior to making application for such license, (i) in the case of steeplechase racing, the steeplechase facility has been sanctioned by the Virginia Steeplechase Association or National Steeplechase Association and (ii) the owner or operator of such facility has been granted tax-exempt status under § 501 (c) (3) or (4) of the Internal Revenue Code, or (ii) in the case of Thoroughbred or harness racing, the owner or operator of the facility is a state, regional or local fair and a member of the Virginia Association of Fairs, Inc., or its successor not-for-profit association. For purposes of this section, "steeplechase facility" means a turf racecourse constructed over natural ground which is utilized primarily for races where horses jump over fences.

B. In deciding whether to grant any license pursuant to this section, the Commission shall consider (i) the results of, circumstances surrounding, and issues involved in any referendum conducted under the provisions of § 59.1-391 and (ii) whether the Commission had previously granted a license to such facility, owner, or operator.

C. In no event shall the Commission issue more than twelve 12 licenses in a calendar year pursuant to this section.