VIRGINIA LAW PORTAL

• Code of Virginia
• Virginia Administrative Code
• Constitution of Virginia
• Charters
• Authorities
• Compacts
• Uncodified Acts
• RIS Users (account required)

SEARCHABLE DATABASES

• Bills & Resolutions
  session legislation
• Bill Summaries
  session summaries
• Reports to the General Assembly
  House and Senate documents
• Legislative Liaisons
  State agency contacts

ACROSS SESSIONS

• Subject Index: Since 1995
• Bills & Resolutions: Since 1994
• Summaries: Since 1994

Developed and maintained by the Division of Legislative Automated Systems.

1995 SESSION

• history | hilite | pdf | print version

LD6772432
HOUSE BILL NO. 1151 Offered January 25, 1994 A BILL to amend and reenact §§ 59.1-392 and 59.1-393 of the Code of Virginia, relating to horse racing with pari-mutuel wagering; taxation. ---------- Patrons--Robinson and Abbitt ---------- Referred to Committee on General Laws ----------

Be it enacted by the General Assembly of Virginia:

1. That §§ 59.1-392 and 59.1-393 of the Code of Virginia are amended and reenacted as follows:

§ 59.1-392. Percentage retained; tax.

A. Any person holding an operator's license pursuant to this chapter shall be authorized to conduct pari-mutuel wagering on horse racing subject to the provisions of this chapter and the conditions and regulations of the Commission.

B. On pari-mutuel pools generated by wagering on live horse racing conducted within the Commonwealth, involving win, place and show wagering, the licensee shall retain an amount not to exceed eighteen nineteen and nine-tenths percent of the pool, and the legitimate breakage, out of which shall be paid:

1. a. If there are no satellite facilities, one and one-half three and four-tenths percent of the pool to the Commonwealth as a license tax which shall be paid within five days to the Commonwealth, and twenty-five percent of which shall be paid by the Commonwealth to the locality in which the track is located;

b. If there are satellite facilities, one three and four-tenths percent of the pool to the Commonwealth as a license tax which shall be paid within five days to the Commonwealth, and one-quarter twelve and five-tenths percent of the pool which shall be paid by the Commonwealth to the locality in which the satellite facility is located and one-quarter twelve and five-tenths percent to the locality in which the track is located, which shall be paid within five days to the locality such localities. If any satellite facility is located in more than one locality, the license tax shall be prorated in equal shares among those localities;

2. Eight percent of the pool as purses or prizes to the participants in such race meeting;

3. Seven and one-half percent of the pool, the breakage and the proceeds of pari-mutuel tickets unredeemed 180 days from the date on which the race was conducted, to the operator; and

4. One percent of the pool to the Virginia Breeders Fund which shall be paid to the Commission within five days and shall be used in support of the policy of the Commonwealth to sustain and promote the growth of a native industry.

C. On pari-mutuel pools generated by wagering on live horse racing conducted within the Commonwealth involving wagering other than that set forth in subsection B of this section, the licensee shall retain an amount not to exceed twenty-two thirteen and two-tenths percent of the pool and the legitimate breakage, out of which shall be paid:

1. a. If there are no satellite facilities, three four and two-tenths percent of the pool to the Commonwealth as a license tax which shall be paid within five days to the Commonwealth, and twenty-five percent of which shall be paid by the Commonwealth to the locality in which the track is located;

b. If there are satellite facilities, two four and two-tenths percent of the pool to the Commonwealth as a license tax which shall be paid within five days to the Commonwealth, and one-half twelve and five-tenths percent of the pool which shall be paid by the Commonwealth to the locality in which the satellite facility is located and one-half twelve and five-tenths percent to the locality in which the track is located, which shall be paid within five days to the locality such localities. If any satellite facility is located in more than one locality, the license tax shall be prorated in equal shares among those localities;

2. Nine percent of the pool as purses or prizes to the participants in such race meeting;

3. Nine percent of the pool, the breakage and the proceeds of the pari-mutuel tickets unredeemed 180 days from the date on which the race was conducted, to the operator; and

4. One percent of the pool to the Virginia Breeders Fund which shall be paid to the Commission and used in support of the policy of the Commonwealth to sustain and promote the growth of a native industry.

D. On pari-mutuel wagering generated by simulcast horse racing transmitted from jurisdictions outside the Commonwealth, with the approval of the Commission the licensee may commingle pools with the racetrack where the transmission emanates or establish separate pools for wagering within the Commonwealth. All simulcast horse racing in this subsection must comply with the Interstate Horse Racing Act of 1978 (15 USC § 3001 et seq.).

E. On pari-mutuel pools generated by wagering on simulcast horse racing transmitted from jurisdictions outside the Commonwealth, involving win, place and show wagering, the licensee shall retain:

1. a. If there are no satellite facilities, one and one-half three and four-tenths percent of the pool to the Commonwealth as a license tax which shall be paid within five days to the Commonwealth, and twenty-five percent of which shall be paid by the Commonwealth to the locality in which the track is located;

b. If there are satellite facilities, one three and four-tenths percent of the pool to the Commonwealth as a license tax which shall be paid within five days to the Commonwealth, and one-quarter twelve and five-tenths percent of the pool which shall be paid by the Commonwealth to the locality in which the satellite facility is located and one-quarter twelve and five-tenths percent to the locality in which the track is located, which shall be paid within five days to the locality such localities. If the satellite facility is located in more than one locality, the license tax shall be prorated in equal shares among those localities; and

2. One percent of the pool to the Virginia Breeders Fund which shall be paid to the Commission within five days and shall be used in support of the policy of the Commonwealth to sustain and promote the growth of a native industry.

Any contractual agreement between a licensee and other entities concerning the distribution of the remaining portion of the retainage is subject to the approval of the Commission.

F. On pari-mutuel pools generated by simulcast horse racing transmitted from jurisdictions outside the Commonwealth, involving wagering other than that set forth in subsection E, the licensee shall retain:

1. a. If there are no satellite facilities, three six and eight-tenths percent of the pool to the Commonwealth as a license tax which shall be paid within five days to the Commonwealth, and twenty-five percent of which shall be paid by the Commonwealth to the locality in which the track is located;

b. If there are satellite facilities, two six and eight-tenths percent of the pool to the Commonwealth as a license tax which shall be paid within five days to the Commonwealth, and one-half twelve and five-tenths percent of the poolwhich shall be paid by the Commonwealth to the locality in which the satellite facility is located and one-half twelve and five-tenths percent to the locality in which the track is located, which shall be paid within five days to the locality such localities. If the satellite facility is located in more than one locality, the license tax shall be prorated in equal shares among the localities; and

2. One percent of the pool to the Virginia Breeders Fund which shall be paid to the Commission and used in support of the policy of the Commonwealth to sustain and promote the growth of a native industry.

Any contractual agreement between a licensee and other entities concerning the distribution of the remaining portion of the retainage is subject to the approval of the Commission.

G. Moneys payable to the Commonwealth shall be deposited in the general fund. Gross receipts for license tax purposes under Chapter 37 of Title 58.1 shall not include pari-mutuel wagering pools and license taxes authorized by this section, payments to the Virginia Breeders Fund, and purses or prizes.

§ 59.1-393. Admissions tax.

The governing body of any county or city in which a track or satellite facility is located may by ordinance impose a tax on any a licensee hereunder to conduct a race meeting at a track located solely in such county or city of twenty-five cents $2.00 on the admission to such track or satellite facility of each person on each day except those holding a valid permit under this chapter and actually employed at such track in the capacity for which such permit was issued. The licensee may collect such amount from the ticket holder in addition to the amount charged for the ticket of admission. From the two-dollar tax, such locality shall pay one dollar to the Commonwealth within five days. Moneys payable to the Commonwealth shall be deposited in the general fund.

If such track or, its enclosure is located in two or in three localities, each locality may impose a tax hereunder of twelve and one-half cents or eight and one-third cents per person, respectively, or satellite facility where the tax is imposed is located in two or more localities, the local share of the admissions tax shall be prorated in equal shares among the localities where such track, its enclosure, or satellite facility, as the case may be, is located.

Gross receipts for license tax purposes under Chapter 37 of Title 58.1 shall not include the admissions tax imposed under this section.