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2009 SESSION

090540596
HOUSE BILL NO. 2595
Offered January 22, 2009
A BILL to amend and reenact § 18.2-340.23 of the Code of Virginia, relating to charitable gaming; certain permits.
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Patron-- Lewis
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Referred to Committee on General Laws
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Be it enacted by the General Assembly of Virginia:

1.  That § 18.2-340.23 of the Code of Virginia is amended and reenacted as follows:

§ 18.2-340.23. Organizations exempt from certain permits and fees.

A. No organization that reasonably expects, based on prior charitable gaming annual results or any other quantifiable method, to realize gross receipts of $25,000 or less in any 12-month period shall be required to (i) notify the Department of its intention to conduct charitable gaming, or (ii) comply with Board regulations. If any organization's actual gross receipts for the 12-month period exceed $25,000, the Department may require the organization to file by a specified date the report required by § 18.2-340.30.

B. Any volunteer fire department or rescue squad or auxiliary unit thereof which has been recognized in accordance with § 15.2-955 by an ordinance or resolution of the political subdivision where the volunteer fire department or rescue squad is located as being part of the safety program of such political subdivision shall be exempt from the payment of application fees required by § 18.2-340.25 and the payment of audit fees required by § 18.2-340.31. Nothing in this subsection shall be construed as exempting volunteer fire departments and rescue squads from any other provisions of this article or other Board regulations; except that no such volunteer fire department or rescue squad or auxiliary unit thereof that reasonably expects, based on prior charitable gaming annual results or any other quantifiable method, to realize gross receipts of $50,000 or less in any 12-month period shall be required to (i) notify the Department of its intention to conduct charitable gaming, or (ii) comply with Board regulations.

C. Nothing in this section shall prevent the Department from conducting any investigation or audit it deems appropriate to ensure an organization's compliance with the provisions of this article and, to the extent applicable, Board regulations.