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1998 SESSION

989434657
SENATE BILL NO. 697
Offered January 26, 1998
A BILL to amend and reenact § 59.1-385 of the Code of Virginia and to amend the Code of Virginia by adding in Article 4 of Chapter 29 of Title 59.1 a section numbered 59.1-391.1, relating to the Virginia Racing Commission; revocation of operator's license.
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Patrons-- Forbes, Bolling, Martin, Mims, Newman, Norment, Reynolds, Stolle and Watkins; Delegates: Cox, Katzen, Landes, McQuigg, Nixon and Ware
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Referred to the Committee on General Laws
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Be it enacted by the General Assembly of Virginia:

1. That § 59.1-385 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding in Article 4 of Chapter 29 of Title 59.1 a section numbered 59.1-391.1 as follows:

§ 59.1-385. Suspension or revocation of license.

A. After a hearing with fifteen days' notice, the Commission may suspend or revoke any license, or fine the holder thereof a sum not to exceed $100,000, in any case where it has reason to believe that any provision of this chapter, or any regulation or condition of the Commission, has not been complied with or has been violated. The Commission may revoke a license if it finds that facts not known by it at the time it considered the application indicate that such license should not have been issued.

B. The Commission shall revoke any license issued under § 59.1-382 for the operation of a satellite facility if the licensee, within one year of issuance of the satellite facility license, fails to conduct live racing at a racetrack licensed pursuant to § 59.1-382.

C. The Commission shall revoke any license issued under § 59.1-382 for the operation of a satellite facility pursuant to a reversion referendum conducted under the provisions of § 59.1-391.1.

D. Deliberations of the Commission hereunder shall be conducted pursuant to the provisions of the Virginia Freedom of Information Act (§ 2.1-340 et seq.). If any such license is suspended or revoked, the Commission shall state its reasons for doing so, which shall be entered of record. Such action shall be final unless appealed in accordance with § 59.1-373. Suspension or revocation of a license by the Commission for any violation shall not preclude criminal liability for such violation.

§ 59.1-391.1. Reversion referendum.

A. The qualified voters of any county or city may repeal a referendum approving the operation or ownership of a satellite facility in the following manner:

1. A petition, signed by five percent of the qualified voters of such county or city shall be filed with the circuit court of such county or city, asking that a referendum be held on the question, "Shall pari-mutuel wagering continue to be permitted in ........ (the name of such county or city) at satellite facilities in accordance with Chapter 29 (§ 59.1-364 et seq.) of Title 59.1 of the Code of Virginia?"

2. Following the filing of the petition, the court shall, by order of record entered in accordance with § 24.2-684, require the regular election officers of such county or city to cause a special election to be held to take the sense of the qualified voters on the question. The election shall be on a day designated by order of the court, but shall not be later than the next general election unless the general election is within sixty days of the date of the entry of the order, nor shall it be held on a date designated as a primary election.

3. The clerk of the court of such county or city shall publish notice of the election in a newspaper of general circulation in the county or city once a week for three consecutive weeks prior to the election.

4. The regular election officers of the county or city shall open the polls at the various voting places in the county or city on the date specified in the order and conduct the election in the manner provided by law. The election shall be by ballot which shall be prepared by the electoral board of the county or city and on which shall be printed the following question: "Shall pari-mutuel wagering continue to be permitted in .......... at satellite facilities in accordance with Chapter 29 (§ 59.1-364 et seq.) of Title 59.1 of the Code of Virginia?

□ Yes

□ No"

In the blank shall be inserted the name of the county or city in which the election is held. Any voter desiring to vote "Yes" shall mark a check (/cm) mark or a cross (x or +) mark or a line (-) in the square provided for such purpose immediately preceding the word "Yes," leaving the square immediately preceding the word "No" unmarked. Any voter desiring to vote "No" shall mark a check (/cm) mark or a cross (x or +) mark or a line (-) in the square provided for such purpose immediately preceding the word "No," leaving the square immediately preceding the word "Yes" unmarked.

The ballots shall be counted, returns made and canvassed as in other elections, and the results certified by the electoral board to the court ordering such election. Thereupon, the court shall enter an order proclaiming the results of the election and a duly certified copy of the order shall be transmitted to the Commission and to the governing body of such county or city.

No such referendum shall be held more often than every three years in the same county or city.

B. If a majority of the voters vote no, no new or additional satellite facilities shall be licensed in the county or city. If a majority of the voters vote no, the license of any licensed satellite facility in the county or city shall be revoked by the Commission.