Virginia Code 59.1-392.1: Advance deposit account wagering revenues; distribution
A. Notwithstanding the provisions of § 59.1-392, the allocation of revenue from advance deposit account wagering shall include (i) a licensee fee of 1.5 percent paid to the Commission; (ii) an additional fee equal to one percent of all wagers made within the Commonwealth placed through an advance deposit account wagering licensee, which shall be paid to the Virginia Breeders Fund, and (iii) an additional fee equal to nine percent of all wagers made within the Commonwealth placed through an advance deposit account wagering licensee, out of which shall be paid:
Terms Used In Virginia Code 59.1-392.1
- 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. See Virginia Code 59.1-365
- Commission: means the Virginia Racing Commission. See Virginia Code 59.1-365
- Horse racing: means a competition on a set course involving a race between horses on which pari-mutuel wagering is permitted and includes historical horse racing. See Virginia Code 59.1-365
- Licensee: includes any person holding an owner's or operator's license under Article 2 (§ 59. See Virginia Code 59.1-365
- Locality: means a county, city, or town as the context may require. See Virginia Code 1-221
- Oversight: Committee review of the activities of a Federal agency or program.
- Significant infrastructure limited licensee: means a person who owns or operates a significant infrastructure facility and holds a limited license under § 59. See Virginia Code 59.1-365
- Virginia Breeders Fund: means the fund established to foster the industry of breeding race horses in the Commonwealth of Virginia. See Virginia Code 59.1-365
1. Four percent to a nonprofit industry stakeholder organization recognized by, and with oversight from, the Commission to include the recognized majority horsemen’s group, a breeder’s organization, and a licensed track operator for the purpose of promoting, sustaining, and advancing horse racing within the Commonwealth; and
2. Five percent to representatives of the recognized majority horsemen’s group by breed to be used for purse funds at races conducted in the Commonwealth, unless otherwise authorized by the Commission.
Notwithstanding the foregoing, if the advance deposit account wagering licensee is a significant infrastructure limited licensee, the additional fee equal to nine percent of the wagers placed through such advance deposit account wagering licensee since November 1, 2014, shall instead be retained by such licensee for operational expenses, including defraying the costs of live racing.
B. The Commission-recognized nonprofit industry stakeholder organization shall make distributions from fees received from advance deposit wagering to organizations within the Commonwealth providing care for retired race horses, the Virginia-Maryland Regional College of Veterinary Medicine, the Virginia Horse Center Foundation, the Virginia Horse Industry Board, and the Virginia Thoroughbred Association in the percentages of wagering handles set forth in subsections K and N of § 59.1-392, and shall make a distribution of thirty-five one-hundredths of one percent of all wagers made within the Commonwealth placed through such advance deposit account wagering licensee to the locality where live racing licensed by the Commission occurred prior to January 1, 2012, and beginning January 1, 2020, to the locality or localities where such live racing occurs to be shared in a ratio of the number of such annual live races in a locality to the total number of such annual lives races in the Commonwealth. Distributions under this section from the Commission-recognized nonprofit stakeholder organization to the foregoing entities and locality or localities, when added to the distributions to such entities and locality or localities under § 59-1.392, shall be capped at the sum necessary to equal distributions made in the 2013 calendar year to each entity under § 59-1.392, and shall be capped at the sum necessary to equal $400,000 for a locality or localities.
C. Any additional distribution of fees received from advance deposit account licensees by the Commission-recognized nonprofit industry stakeholder organization shall be approved by the Commission.