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2018 SESSION
18106257DPatrons-- Webert, Peace, Bell, John J., Ingram, James, Knight, Krizek, Poindexter, Robinson and Sickles; Senator: McClellan
Be it enacted by the General Assembly of Virginia:
1. That § 59.1-365 of the Code of Virginia is amended and reenacted as follows:
§ 59.1-365. Definitions.
As used in this chapter, unless the context
requires a different meaning:
"Advance
deposit account wagering" means a method of pari-mutuel wagering conducted
in the Commonwealth that is permissible under the Interstate Horseracing Act, §
3001 et seq. of Chapter 57 of Title 15 of the United States Code, and in which
an individual may establish an account with an entity, licensed by the
Commission, to place pari-mutuel wagers in person or electronically.
"Breakage"
means the odd cents by which the amount payable on each dollar wagered exceeds
a multiple of $0.10.
"Commission"
means the Virginia Racing Commission.
"Dependent"
means a son, daughter, father, mother, brother, sister, or other person,
whether or not related by blood or marriage, if such person receives from an
officer or employee more than one-half of his financial support.
"Drug"
shall have the meaning prescribed by § 54.1-3401. The Commission shall by regulation
define and designate those drugs the use of which is prohibited or restricted.
"Enclosure"
means all areas of the property of a track to which admission can be obtained
only by payment of an admission fee or upon presentation of authorized credentials,
and any additional areas designated by the Commission.
"Handle"
means the total amount of all pari-mutuel wagering sales excluding refunds and
cancellations.
"Historical horse racing" means a form of horse racing that creates pari-mutuel pools from wagers placed on previously conducted horse races and is hosted at (i) a racetrack owned or operated by a significant infrastructure limited licensee or (ii) a satellite facility that is owned or operated by (a) a significant infrastructure limited licensee or (b) the nonprofit industry stakeholder organization recognized by the Commission and licensed to own or operate such satellite facilities. Pari-mutuel pools created by wagering on historical horse racing shall be taxed in an amount equal to that set forth in Va. Code 59.1-392 (I) and (J).
"Horse
racing" means a competition on a set course involving a race between
horses on which pari-mutuel wagering is permitted.
"Immediate
family" means (i) a spouse and (ii) any other person residing in the same
household as an officer or employee, who is a dependent of the officer or
employee or of whom the officer or employee is a dependent.
"Licensee"
includes any person holding an owner's or operator's license under Article 2 (§
59.1-375 et seq.).
"Member"
includes any person designated a member of a nonstock corporation, and any
person who by means of a pecuniary or other interest in such corporation
exercises the power of a member.
"Pari-mutuel wagering" means the system of wagering on horse races in which those who wager on horses that finish in the position or positions for which wagers are taken share in the total amounts wagered, plus any amounts provided by a licensee, less deductions required or permitted by law and includes pari-mutuel wagering on simulcast horse racing and historical horse racing originating within the Commonwealth or from any other jurisdiction.
"Participant"
means any person who (i) has an ownership interest in any horse entered to race
in the Commonwealth or who acts as the trainer, jockey, or driver of any horse
entered to race in the Commonwealth or (ii) takes part in any horse racing
subject to the jurisdiction of the Commission or in the conduct of a race
meeting or pari-mutuel wagering there, including but not limited to a horse
owner, trainer, jockey, or driver, groom, stable foreman, valet, veterinarian,
agent, pari-mutuel employee, concessionaire or employee thereof, track
employee, or other position the Commission deems necessary to regulate to
ensure the integrity of horse racing in Virginia.
"Permit
holder" includes any person holding a permit to participate in any horse
racing subject to the jurisdiction of the Commission or in the conduct of a
race meeting or pari-mutuel wagering thereon as provided in § 59.1-387.
"Person"
means any individual, group of individuals, firm, company, corporation,
partnership, business, trust, association, or other legal entity.
"Pool"
means the amount wagered during a race meeting or during a specified period
thereof.
"Principal
stockholder" means any person who individually or in concert with his
spouse and immediate family members, beneficially owns or controls, directly or
indirectly, five percent or more of the stock of any person which is a
licensee, or who in concert with his spouse and immediate family members, has
the power to vote or cause the vote of five percent or more of any such stock.
However, "principal stockholder" shall not include a broker-dealer
registered under the Securities Exchange Act of 1934, as amended, which holds
in inventory shares for sale on the financial markets for a publicly traded
corporation holding, directly or indirectly, a license from the Commission.
"Race
meeting" means the whole consecutive period of time during which horse
racing with pari-mutuel wagering is conducted by a licensee.
"Racetrack"
means an outdoor course located in Virginia which is laid out for horse racing
and is licensed by the Commission.
"Recognized
majority horsemen's group" means the organization recognized by the
Commission as the representative of the majority of owners and trainers racing
at race meetings subject to the Commission's jurisdiction.
"Retainage"
means the total amount deducted from the pari-mutuel wagering pool for (i) a
license fee to the Commission and localities, (ii) the licensee, (iii) purse
money for the participants, (iv) the Virginia Breeders Fund, and (v) certain
enumerated organizations as required or permitted by law, regulation or
contract approved by the Commission.
"Satellite
facility" means all areas of the property at which simulcast horse racing
is received for the purposes of pari-mutuel wagering, and any additional areas
designated by the Commission.
"Significant
infrastructure facility" means a horse racing facility that has been
approved by a local referendum pursuant to § 59.1-391 and has a minimum racing
infrastructure consisting of (i) a one-mile dirt track for flat racing, (ii) a
seven-eighths-mile turf course for flat or jump racing, (iii) covered seating
for no fewer than 500 persons, and (iv) barns with no fewer than 400 permanent
stalls.
"Significant
infrastructure limited licensee" means a person who owns or operates a
significant infrastructure facility and holds a limited license under §
59.1-376.
"Simulcast
horse racing" means the simultaneous transmission of the audio or video
portion, or both, of horse races from a licensed horse racetrack or satellite
facility to another licensed horse racetrack or satellite facility, regardless of
state of licensure, whether such races originate within the Commonwealth or any
other jurisdiction, by satellite communication devices, television cables,
telephone lines, or any other means for the purposes of conducting pari-mutuel
wagering.
"Steward"
means a racing official, duly appointed by the Commission, with powers and
duties prescribed by Commission regulations.
"Stock"
includes all classes of stock, partnership interest, membership interest, or
similar ownership interest of an applicant or licensee, and any debt or other
obligation of such person or an affiliated person if the Commission finds that
the holder of such interest or stock derives therefrom such control of or voice
in the operation of the applicant or licensee that he should be deemed an owner
of stock.
"Virginia
Breeders Fund" means the fund established to foster the industry of
breeding race horses in the Commonwealth of Virginia.
2. That the Virginia Racing Commission shall promulgate regulations to implement the provisions of this act to be effective within 180 days of its enactment.