Bill Text: VA SB397 | 2024 | Regular Session | Chaptered
Bill Title: Gaming; posting of illegal gaming tip line information.
Spectrum: Bipartisan Bill
Status: (Passed) 2024-04-05 - Governor: Acts of Assembly Chapter text (CHAP0593) [SB397 Detail]
Download: Virginia-2024-SB397-Chaptered.html
Be it enacted by the General Assembly of Virginia:
1. That §§18.2-340.19 and 59.1-369, as it is currently effective and as it shall become effective, of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered 58.1-4007.3 and by adding in Article 7 of Chapter 41 of Title 58.1 a section numbered 58.1-4122.1 as follows:
§18.2-340.19. Regulations of the Department.
A. The Department shall adopt regulations that:
1. Require, as a condition of receiving a charitable gaming permit or authorization to conduct electronic gaming, that the applicant use a predetermined percentage of its receipts for (i) those lawful religious, charitable, community, or educational purposes for which the organization is specifically chartered or organized or (ii) those expenses relating to the acquisition, construction, maintenance, or repair of any interest in real property involved in the operation of the organization and used for lawful religious, charitable, community, or educational purposes, as follows:
a. With respect to charitable gaming, other than electronic gaming, a predetermined percentage of its gross receipts.
b. With respect to electronic gaming, a predetermined percentage of its electronic gaming adjusted gross receipts.
2. Specify the conditions under which a complete list of the organization's members who participate in the management, operation, or conduct of charitable gaming may be required in order for the Department to ascertain the percentage of Virginia residents in accordance with subdivision A 3 of § 18.2-340.24.
Membership lists furnished to the Department in accordance with this subdivision shall not be a matter of public record and shall be exempt from disclosure under the provisions of the Freedom of Information Act (§2.2-3700 et seq.).
3. Prescribe fees for processing applications for charitable gaming permits and authorizing social organizations to conduct electronic gaming. Such fees may reflect the nature and extent of the charitable gaming activity proposed to be conducted.
4. Establish requirements for the audit of all reports required in accordance with §§18.2-340.30 and 18.2-340.30:2.
5. Define electronic and mechanical equipment used in the conduct of charitable gaming. Department regulations shall include capacity for such equipment to provide full automatic daubing as numbers are called. For the purposes of this subdivision, electronic or mechanical equipment for instant bingo, pull tabs, or seal cards shall include such equipment that displays facsimiles of instant bingo, pull tabs, or seal cards and are used solely for the purpose of dispensing or opening such paper or electronic cards, or both; but shall not include (i) devices operated by dropping one or more coins or tokens into a slot and pulling a handle or pushing a button or touchpoint on a touchscreen to activate one to three or more reels marked into horizontal segments by varying symbols, where the predetermined prize amount depends on how and how many of the symbols line up when the rotating reels come to rest, or (ii) other similar devices that display flashing lights or illuminations, or bells, whistles, or other sounds, solely intended to entice players to play. Such regulations shall not prohibit the use of multiple video monitors or touchscreens on an electronic gaming device.
6. Prescribe the conditions under which a qualified organization may (i) provide food and nonalcoholic beverages to its members who participate in the management, operation, or conduct of bingo; (ii) permit members who participate in the management, operation, or conduct of bingo to play bingo; and (iii) subject to the provisions of subdivision 12 of § 18.2-340.33, permit nonmembers to participate in the conduct of bingo so long as the nonmembers are under the direct supervision of a bona fide member of the organization during the bingo game.
7. Prescribe the conditions under which a qualified organization may sell raffle tickets for a raffle drawing that will be held outside the Commonwealth pursuant to subsection B of §18.2-340.26.
8. Prescribe the conditions under which persons who are bona fide members of a qualified organization or a child, above the age of 13 years, of a bona fide member of such organization may participate in the conduct or operation of bingo games.
9. Prescribe the conditions under which a person below the age of 18 years may play bingo, provided that such person is accompanied by his parent or legal guardian.
10. Require all qualified organizations that are subject to
Department regulations to post in a conspicuous place in every place where
charitable gaming is conducted a sign which that bears a
toll-free telephone number for "Gamblers Anonymous" or other
organization which that provides assistance to compulsive
gamblers.
11. Require all qualified organizations that are subject to Department regulations to post in a conspicuous place in every place where charitable gaming is conducted a sign that bears the toll-free telephone number and website for the illegal gaming tip line established and administered by the Office of the Gaming Enforcement Coordinator in the Department of State Police pursuant to §52-54 for members of the public to report concerns about, or suspected instances of, illegal gaming activities.
12. Prescribe the conditions under which a qualified organization may sell network bingo cards in accordance with §18.2-340.28:1 and establish a percentage of proceeds derived from network bingo sales to be allocated to (i) prize pools, (ii) the organization conducting the network bingo, and (iii) the network bingo provider. The regulations shall also establish procedures for the retainage and ultimate distribution of any unclaimed prize.
12. 13. Prescribe the conditions under which a
qualified organization may manage, operate, or contract with operators of, or
conduct Texas Hold'em poker tournaments.
13. 14. Prescribe the conditions under which a
qualified organization may lease the premises of a permitted social
organization for the purpose of conducting bingo, network bingo, instant bingo,
pull tabs, seal cards, and electronic gaming permitted under this article and
establish requirements for proper financial reporting of all disbursements,
gross receipts, and electronic gaming adjusted gross receipts and payment of
all fees required under this article.
B. The Commissioner may, by regulation, approve variations to the card formats for bingo games, provided that such variations result in bingo games that are conducted in a manner consistent with the provisions of this article. Department-approved variations may include bingo games commonly referred to as player selection games and 90-number bingo.
§58.1-4007.3. Posting of illegal gaming tip line.
Every licensed lottery sales agent shall post in a conspicuous place in its retail establishment a sign that bears the toll-free telephone number and website for the illegal gaming tip line established and administered by the Office of the Gaming Enforcement Coordinator in the Department of State Police pursuant to §52-54 for members of the public to report concerns about, or suspected instances of, illegal gaming activities.
§58.1-4122.1. Posting of illegal gaming tip line.
Every casino gaming operator shall post in a conspicuous place in its casino gaming establishment a sign that bears the toll-free telephone number and website for the illegal gaming tip line established and administered by the Office of the Gaming Enforcement Coordinator in the Department of State Police pursuant to §52-54 for members of the public to report concerns about, or suspected instances of, illegal gaming activities.
§59.1-369. (Effective until July 1, 2024) Powers and duties of the Commission.
The Commission shall have all powers and duties necessary to
carry out the provisions of this chapter and to exercise the control of horse
racing as set forth in §59.1-364. Such powers and duties shall include but
not be limited to the following:
1. The Commission is vested with jurisdiction and supervision over all horse racing licensed under the provisions of this chapter including all persons conducting, participating in, or attending any race meeting. It shall employ such persons to be present at race meetings as are necessary to ensure that they are conducted with order and the highest degree of integrity. It may eject or exclude from the enclosure or from any part thereof any person, whether or not he possesses a license or permit, whose conduct or reputation is such that his presence may, in the opinion of the Commission, reflect on the honesty and integrity of horse racing or interfere with the orderly conduct of horse racing.
2. The Commission, its representatives, and employees shall visit, investigate, and have free access to the office, track, facilities, satellite facilities, or other places of business of any license or permit holder, and may compel the production of any of the books, documents, records, or memoranda of any license or permit holder for the purpose of satisfying itself that this chapter and its regulations are strictly complied with. In addition, the Commission may require any person granted a permit by the Commission and shall require any person licensed by the Commission, the recognized majority horsemen's group, and the nonprofit industry stakeholder organization recognized by the Commission under this chapter to produce an annual balance sheet and operating statement prepared by a certified public accountant approved by the Commission. The Commission may require the production of any contract to which such person is or may be a party.
3. The Commission shall promulgate regulations and conditions
under which horse racing with pari-mutuel wagering shall be conducted in the
Commonwealth, and all such other regulations it deems necessary and appropriate
to effect the purposes of this chapter, including a requirement that licensees
post, in a conspicuous place in every place where pari-mutuel wagering is
conducted, (i) a sign which that bears a toll-free
telephone number for "Gamblers Anonymous" or other organization
which that provides assistance to compulsive gamblers and (ii) a
sign that bears the toll-free number and website for the illegal gaming tip
line established and administered by the Office of the Gaming Enforcement
Coordinator in the Department of State Police pursuant to §52-54 for members
of the public to report concerns about, or suspected instances of, illegal
gaming activities. Such regulations shall include provisions for
affirmative action to assure participation by minority persons in contracts
granted by the Commission and its licensees. Nothing in this subdivision shall
be deemed to preclude private local ownership or participation in any horse
racetrack. Such regulations may include penalties for violations. The
regulations shall be subject to the Administrative Process Act (§2.2-4000 et
seq.).
4. The Commission shall promulgate regulations and conditions under which simulcast horse racing shall be conducted at a licensed horse racetrack or satellite facility in the Commonwealth and all such other regulations it deems necessary and appropriate to effect the purposes of this chapter. Such regulations shall include provisions that all simulcast horse racing shall comply with the Interstate Horse Racing Act of 1978 (15 U.S.C. § 3001 et seq.) and shall require the holder of a license to schedule no more than 125 live racing days in the Commonwealth each calendar year; however, the Commission shall have the authority to alter the required number of live racing days based on what the Commission deems to be in the best interest of the Virginia horse industry. Such regulations shall authorize up to 10 satellite facilities and restrict majority ownership of satellite facilities to an entity licensed by the Commission that is a significant infrastructure limited licensee, or if by August 1, 2015, there is no such licensee or a pending application for such license, then the nonprofit industry stakeholder organization recognized by the Commission may be granted licenses to own or operate satellite facilities. If, however, after the issuance of a license to own or operate a satellite facility to such nonprofit industry stakeholder organization, the Commission grants a license to a significant infrastructure limited licensee pursuant to §59.1-376, then such limited licensee may own or operate the remaining available satellite facilities authorized in accordance with this subdivision. In no event shall the Commission authorize any such entities to own or operate more than a combined total of 10 satellite facilities. Nothing in this subdivision shall be deemed to preclude private local ownership or participation in any satellite facility. Except as authorized pursuant to subdivision 5, wagering on simulcast horse racing shall take place only at a licensed horse racetrack or satellite facility.
5. The Commission shall promulgate regulations and conditions
regulating and controlling advance deposit account wagering. Such regulations
shall include, but not be limited to, (i) standards, qualifications, and
procedures for the issuance of a license to an entity for the operation of
pari-mutuel wagering in the Commonwealth; except that the Commission shall not
issue a license to, and shall revoke the license of, an entity that, either
directly or through an entity under common control with it, withholds the sale
at fair market value to a licensee of simulcast horse racing signals that such
entity or an entity under common control with it sells to other racetracks,
satellite facilities, or advance deposit account wagering providers located in
or outside of the Commonwealth; (ii) provisions regarding access to books,
records, and memoranda, and submission to investigations and audits, as
authorized by subdivisions 2 and 10; and (iii) provisions regarding the
collection of all revenues due to the Commonwealth from the placing of such
wagers. No pari-mutuel wager may be made on or with any computer owned or
leased by the Commonwealth, or any of its subdivisions, or at any public
elementary or secondary school or institution of higher education. The
Commission also shall ensure that, except for this method of pari-mutuel
wagering, all wagering on simulcast horse racing shall take place only at a
licensed horse racetrack or satellite facility.
Nothing in this subdivision shall be construed to limit the Commission's authority as set forth elsewhere in this section.
6. The Commission may issue subpoenas for the attendance of witnesses before it, administer oaths, and compel production of records or other documents and testimony of such witnesses whenever, in the judgment of the Commission, it is necessary to do so for the effectual discharge of its duties.
7. The Commission may compel any person holding a license or
permit to file with the Commission such data as shall appear to the Commission
to be necessary for the performance of its duties including but not limited
to financial statements and information relative to stockholders and all
others with any pecuniary interest in such person. It may prescribe the manner
in which books and records of such persons shall be kept.
8. The Commission may enter into arrangements with any foreign or domestic government or governmental agency, for the purposes of exchanging information or performing any other act to better ensure the proper conduct of horse racing.
9. The Commission shall report annually on or before March 1 to the Governor and the General Assembly, which report shall include a financial statement of the operation of the Commission.
10. The Commission may order such audits, in addition to those required by §59.1-394, as it deems necessary and desirable.
11. The Commission shall upon the receipt of a complaint of an alleged criminal violation of this chapter immediately report the complaint to the Attorney General of the Commonwealth and the State Police for appropriate action.
12. The Commission shall provide for the withholding of the applicable amount of state and federal income tax of persons claiming a prize or pay-off for a winning wager and shall establish the thresholds for such withholdings.
13. The Commission, its representatives and employees may, within the enclosure, stable, or other facility related to the conduct of racing, and during regular or usual business hours, subject any (i) permit holder to personal inspections, including alcohol and drug testing for illegal drugs, inspections of personal property, and inspections of other property or premises under the control of such permit holder and (ii) horse eligible to race at a race meeting licensed by the Commission to testing for substances foreign to the natural horse within the racetrack enclosure or other place where such horse is kept. Any item, document, or record indicative of a violation of any provision of this chapter or Commission regulations may be seized as evidence of such violation. All permit holders consent to the searches and seizures authorized by this subdivision, including breath, blood, and urine sampling for alcohol and illegal drugs, by accepting the permit issued by the Commission. The Commission may revoke or suspend the permit of any person who fails or refuses to comply with this subdivision or any rules of the Commission. Commission regulations in effect on July 1, 1998, shall continue in full force and effect until modified by the Commission in accordance with law.
14. The Commission shall require the existence of a contract
between each licensee and the recognized majority horsemen's group for that
licensee. Such contract shall be subject to the approval of the Commission,
which shall have the power to approve or disapprove any of its items, including
but not limited to the provisions regarding purses and prizes. Such
contracts shall provide that on pools generated by wagering on simulcast horse
racing from outside the Commonwealth, (i) for the first $75 million of the
total pari-mutuel handle for each breed, the licensee shall deposit funds at
the minimum rate of five percent in the horsemen's purse account, (ii) for any
amount in excess of $75 million but less than $150 million of the total
pari-mutuel handle for each breed, the licensee shall deposit funds at the
minimum rate of six percent in the horsemen's purse account, (iii) for amounts
in excess of $150 million for each breed, the licensee shall deposit funds at
the minimum rate of seven percent in the horsemen's purse account. Such
deposits shall be made in the horsemen's purse accounts of the breed that
generated the pools and such deposits shall be made within five days from the
date on which the licensee receives wagers. In the absence of the required contract
between the licensee and the recognized majority horsemen's group, the
Commission may permit wagering to proceed on simulcast horse racing from
outside of the Commonwealth, provided that the licensee deposits into the State
Racing Operations Fund created pursuant to §59.1-370.1 an amount equal to the
minimum percentage of the total pari-mutuel handles as required in clauses (i),
(ii), and (iii) or such lesser amount as the Commission may approve. The
deposits shall be made within five days from the date on which the licensee
receives wagers. Once a contract between the licensee and the recognized
majority horsemen's group is executed and approved by the Commission, the
Commission shall transfer these funds to the licensee and the horsemen's purse
accounts.
15. Notwithstanding the provisions of §59.1-391, the Commission may grant provisional limited licenses or provisional unlimited licenses to own or operate racetracks or satellite facilities to an applicant prior to the applicant securing the approval through the local referendum required by §59.1-391. The provisional licenses issued by the Commission shall only become effective upon the approval of the racetrack or satellite wagering facilities in a referendum conducted pursuant to §59.1-391 in the jurisdiction in which the racetrack or satellite wagering facility is to be located.
16. The Commission or its representatives shall participate in the Problem Gambling Treatment and Support Advisory Committee established pursuant to §37.2-304 by the Department of Behavioral Health and Developmental Services to enable collaboration among prevention and treatment providers and operators of legal gaming in the Commonwealth on efforts to reduce the negative effects of problem gambling.
§59.1-369. (Effective July 1, 2024) Powers and duties of the Commission.
The Commission shall have all powers and duties necessary to
carry out the provisions of this chapter and to exercise the control of horse
racing as set forth in §59.1-364. Such powers and duties shall include but
not be limited to the following:
1. The Commission is vested with jurisdiction and supervision over all horse racing licensed under the provisions of this chapter including all persons conducting, participating in, or attending any race meeting. It shall employ such persons to be present at race meetings as are necessary to ensure that they are conducted with order and the highest degree of integrity. It may eject or exclude from the enclosure or from any part thereof any person, whether or not he possesses a license or permit, whose conduct or reputation is such that his presence may, in the opinion of the Commission, reflect on the honesty and integrity of horse racing or interfere with the orderly conduct of horse racing.
2. The Commission, its representatives, and employees shall visit, investigate, and have free access to the office, track, facilities, satellite facilities or other places of business of any license or permit holder, and may compel the production of any of the books, documents, records, or memoranda of any license or permit holder for the purpose of satisfying itself that this chapter and its regulations are strictly complied with. In addition, the Commission may require any person granted a permit by the Commission and shall require any person licensed by the Commission, the recognized majority horsemen's group, and the nonprofit industry stakeholder organization recognized by the Commission under this chapter to produce an annual balance sheet and operating statement prepared by a certified public accountant approved by the Commission. The Commission may require the production of any contract to which such person is or may be a party.
3. The Commission shall promulgate regulations and conditions
under which horse racing with pari-mutuel wagering shall be conducted in the
Commonwealth, and all such other regulations it deems necessary and appropriate
to effect the purposes of this chapter, including a requirement that licensees
post, in a conspicuous place in every place where pari-mutuel wagering is
conducted, (i) a sign which that bears a toll-free
telephone number for "Gamblers Anonymous" or other organization
which that provides assistance to compulsive gamblers and (ii) a
sign that bears the toll-free number and website for the illegal gaming tip
line established and administered by the Office of the Gaming Enforcement
Coordinator in the Department of State Police pursuant to §52-54 for members
of the public to report concerns about, or suspected instances of, illegal
gaming activities. Such regulations shall include provisions for
affirmative action to assure participation by minority persons in contracts
granted by the Commission and its licensees. Nothing in this subdivision shall
be deemed to preclude private local ownership or participation in any horse
racetrack. Such regulations may include penalties for violations. The
regulations shall be subject to the Administrative Process Act (§2.2-4000 et
seq.).
4. The Commission shall promulgate regulations and conditions under which simulcast horse racing shall be conducted at a licensed horse racetrack or satellite facility in the Commonwealth and all such other regulations it deems necessary and appropriate to effect the purposes of this chapter. Such regulations shall include provisions that all simulcast horse racing shall comply with the Interstate Horse Racing Act of 1978 (15 U.S.C. § 3001 et seq.) and shall require the holder of a license to schedule no more than 125 live racing days in the Commonwealth each calendar year; however, the Commission shall have the authority to alter the required number of live racing days in the event of force majeure. Such regulations shall authorize up to 10 satellite facilities and restrict majority ownership of satellite facilities to an entity licensed by the Commission that is a significant infrastructure limited licensee, or if by August 1, 2015, there is no such licensee or a pending application for such license, then the nonprofit industry stakeholder organization recognized by the Commission may be granted licenses to own or operate satellite facilities. If, however, after the issuance of a license to own or operate a satellite facility to such nonprofit industry stakeholder organization, the Commission grants a license to a significant infrastructure limited licensee pursuant to §59.1-376, then such limited licensee may own or operate the remaining available satellite facilities authorized in accordance with this subdivision. In no event shall the Commission authorize any such entities to own or operate more than a combined total of 10 satellite facilities. Nothing in this subdivision shall be deemed to preclude private local ownership or participation in any satellite facility. Except as authorized pursuant to subdivision 5, wagering on simulcast horse racing shall take place only at a licensed horse racetrack or satellite facility. For purposes of this subdivision, "force majeure" means an event or events reasonably beyond the ability of the Commission to anticipate and control. "Force majeure" includes acts of God, incidences of terrorism, war or riots, labor strikes or civil disturbances, floods, earthquakes, fire, explosions, epidemics, hurricanes, tornadoes, and governmental actions and restrictions.
5. The Commission shall promulgate regulations and conditions
regulating and controlling advance deposit account wagering. Such regulations
shall include, but not be limited to, (i) standards, qualifications, and
procedures for the issuance of a license to an entity for the operation of
pari-mutuel wagering in the Commonwealth; except that the Commission shall not
issue a license to, and shall revoke the license of, an entity that, either
directly or through an entity under common control with it, withholds the sale
at fair market value to a licensee of simulcast horse racing signals that such
entity or an entity under common control with it sells to other racetracks,
satellite facilities, or advance deposit account wagering providers located in
or outside of the Commonwealth; (ii) provisions regarding access to books,
records, and memoranda, and submission to investigations and audits, as
authorized by subdivisions 2 and 10; and (iii) provisions regarding the
collection of all revenues due to the Commonwealth from the placing of such
wagers. No pari-mutuel wager may be made on or with any computer owned or
leased by the Commonwealth, or any of its subdivisions, or at any public elementary
or secondary school or institution of higher education. The Commission also
shall ensure that, except for this method of pari-mutuel wagering, all wagering
on simulcast horse racing shall take place only at a licensed horse racetrack
or satellite facility.
Nothing in this subdivision shall be construed to limit the Commission's authority as set forth elsewhere in this section.
6. The Commission may issue subpoenas for the attendance of witnesses before it, administer oaths, and compel production of records or other documents and testimony of such witnesses whenever, in the judgment of the Commission, it is necessary to do so for the effectual discharge of its duties.
7. The Commission may compel any person holding a license or
permit to file with the Commission such data as shall appear to the Commission
to be necessary for the performance of its duties including but not limited
to financial statements and information relative to stockholders and all
others with any pecuniary interest in such person. It may prescribe the manner
in which books and records of such persons shall be kept.
8. The Commission may enter into arrangements with any foreign or domestic government or governmental agency, for the purposes of exchanging information or performing any other act to better ensure the proper conduct of horse racing.
9. The Commission shall report annually on or before March 1 to the Governor and the General Assembly, which report shall include a financial statement of the operation of the Commission.
10. The Commission may order such audits, in addition to those required by §59.1-394, as it deems necessary and desirable.
11. The Commission shall upon the receipt of a complaint of an alleged criminal violation of this chapter immediately report the complaint to the Attorney General of the Commonwealth and the State Police for appropriate action.
12. The Commission shall provide for the withholding of the applicable amount of state and federal income tax of persons claiming a prize or pay-off for a winning wager and shall establish the thresholds for such withholdings.
13. The Commission, its representatives and employees may, within the enclosure, stable, or other facility related to the conduct of racing, and during regular or usual business hours, subject any (i) permit holder to personal inspections, including alcohol and drug testing for illegal drugs, inspections of personal property, and inspections of other property or premises under the control of such permit holder and (ii) horse eligible to race at a race meeting licensed by the Commission to testing for substances foreign to the natural horse within the racetrack enclosure or other place where such horse is kept. Any item, document or record indicative of a violation of any provision of this chapter or Commission regulations may be seized as evidence of such violation. All permit holders consent to the searches and seizures authorized by this subdivision, including breath, blood and urine sampling for alcohol and illegal drugs, by accepting the permit issued by the Commission. The Commission may revoke or suspend the permit of any person who fails or refuses to comply with this subdivision or any rules of the Commission. Commission regulations in effect on July 1, 1998, shall continue in full force and effect until modified by the Commission in accordance with law.
14. The Commission shall require the existence of a contract
between each licensee and the recognized majority horsemen's group for that
licensee. Such contract shall be subject to the approval of the Commission,
which shall have the power to approve or disapprove any of its items, including
but not limited to the provisions regarding purses and prizes. Such
contracts shall provide that on pools generated by wagering on simulcast horse
racing from outside the Commonwealth, (i) for the first $75 million of the
total pari-mutuel handle for each breed, the licensee shall deposit funds at
the minimum rate of five percent in the horsemen's purse account, (ii) for any
amount in excess of $75 million but less than $150 million of the total
pari-mutuel handle for each breed, the licensee shall deposit funds at the
minimum rate of six percent in the horsemen's purse account, (iii) for amounts
in excess of $150 million for each breed, the licensee shall deposit funds at
the minimum rate of seven percent in the horsemen's purse account. Such
deposits shall be made in the horsemen's purse accounts of the breed that
generated the pools and such deposits shall be made within five days from the
date on which the licensee receives wagers. In the absence of the required contract
between the licensee and the recognized majority horsemen's group, the
Commission may permit wagering to proceed on simulcast horse racing from
outside of the Commonwealth, provided that the licensee deposits into the State
Racing Operations Fund created pursuant to §59.1-370.1 an amount equal to the
minimum percentage of the total pari-mutuel handles as required in clauses (i),
(ii), and (iii) or such lesser amount as the Commission may approve. The
deposits shall be made within five days from the date on which the licensee
receives wagers. Once a contract between the licensee and the recognized
majority horsemen's group is executed and approved by the Commission, the
Commission shall transfer these funds to the licensee and the horsemen's purse
accounts.
15. Notwithstanding the provisions of §59.1-391, the Commission may grant provisional limited licenses or provisional unlimited licenses to own or operate racetracks or satellite facilities to an applicant prior to the applicant securing the approval through the local referendum required by §59.1-391. The provisional licenses issued by the Commission shall only become effective upon the approval of the racetrack or satellite wagering facilities in a referendum conducted pursuant to §59.1-391 in the jurisdiction in which the racetrack or satellite wagering facility is to be located.
16. The Commission or its representatives shall participate in the Problem Gambling Treatment and Support Advisory Committee established pursuant to §37.2-304 by the Department of Behavioral Health and Developmental Services to enable collaboration among prevention and treatment providers and operators of legal gaming in the Commonwealth on efforts to reduce the negative effects of problem gambling.
17. The Commission shall promulgate regulations requiring, for each calendar year, any significant infrastructure limited licensee that offers pari-mutuel wagering on historical horse racing to hold at least one live Thoroughbred horse racing day, consisting of not less than eight races per day, for every 100 historical horse racing terminals installed at its significant infrastructure facility together with any satellite facility owned, operated, controlled, managed, or otherwise directly or indirectly affiliated with such licensee. The regulations shall require any such significant infrastructure limited licensee that holds more than one live Thoroughbred horse racing day in accordance with the provisions of this subdivision to hold at least one of those racing days on a weekend. The number of historical horse racing terminals installed at a significant infrastructure facility shall be calculated as of December 31 of the calendar year in question; however, only historical horse racing terminals that are fully operational shall be included in such calculation.
