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2020 SESSION

House Bills with Recommendations by the Governor

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H.B. 4. An Act to amend and reenact §§ 2.2-401.01, 2.2-3711, 15.2-2825, 19.2-389, as it is currently effective and as it shall become effective, 37.2-304, 58.1-4002, 58.1-4004, 58.1-4006, and 59.1-364 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 3 of Title 11 a section numbered 11-16.1, by adding a section numbered 18.2-334.5, by adding in Article 1 of Chapter 3 of Title 37.2 a section numbered 37.2-314.1, and by adding in Title 58.1 a chapter numbered 41, containing articles numbered 1 through 11, consisting of sections numbered 58.1-4100 through 58.1-4141, relating to regulation of casino gaming by Virginia Lottery Board; Regional Improvement Commission; penalties.

Patrons--Knight, Heretick, Lindsey, Scott and Marshall

Passed the House of Delegates February 11, 2020 (61-Y 33-N)

Conference report adopted by House March 8, 2020 (60-Y 35-N)

GOVERNOR'S RECOMMENDATION

 

    1. Line 1155, enrolled, after Board
      strike
        the remainder of line 1155 and all of lines 1156 and 1157
      insert
        pursuant to § 58.1-4103 that allows individuals to voluntarily exclude themselves from engaging in the activities described in subdivision B 1 of § 58.1-4103 by placing their names on a voluntary exclusion list and following the procedures set forth by the Board.

 

    2. Line 1191, enrolled
      strike
        all of lines 1191 through 1208
      insert
        A. The Board shall adopt regulations to establish and implement a voluntary exclusion program.
        B. The regulations shall include the following provisions:
        1. Except as provided by regulation of the Board, a person who participates in the voluntary exclusion program agrees to refrain from (i) playing any account-based lottery game authorized under the provisions of this chapter or Chapter 40 (§ 58.1-4000 et seq.); (ii) participating in sports betting as such activity is regulated by the Board; (iii) engaging in any form of casino gaming authorized under the provisions of this chapter; (iv) participating in charitable gaming, as defined in § 18.2-340.16; (v) participating in fantasy contests, as defined in §59.1-556; or (vi) wagering on horse racing, as defined in § 59.1-365. Any state agency, at the request of the Department, shall assist in administering the voluntary exclusion program pursuant to the provisions of this section.
        2. A person who participates in the voluntary exclusion program may choose an exclusion period of two years, five years, or lifetime.
        3. Except as provided by regulation of the Board, a person who participates in the voluntary exclusion program may not petition the Board for removal from the program for the duration of his exclusion period.
        4. The name of a person participating in the program shall be included on a list of excluded persons. The list of persons entering the voluntary exclusion program and the personal information of the participants shall be confidential, with dissemination by the Department limited to lottery sales agents licensed under Chapter 40 (§ 58.1-4000 et seq.), owners and operators of casino gaming establishments, and any other parties the Department deems necessary for purposes of enforcement. The list and the personal information of participants in the voluntary exclusion program shall not be subject to disclosure under the Virginia Freedom of Information Act (§ 2.2-3700 et seq.). In addition, the Board may disseminate the list to other parties upon request by the participant and agreement by the Board.
        5. Lottery sales agents and owners and operators of casino gaming establishments shall make all reasonable attempts as determined by the Board to cease all direct marketing efforts to a person participating in the program. The voluntary exclusion program shall not preclude lottery sales agents and owners and operators of casino gaming establishments from seeking the payment of a debt incurred by a person before entering the program. In addition, the owner or operator of a casino gaming establishment may share the names of individual who self-exclude across its corporate enterprise, including sharing such information with any of its affiliates.

 

    3. Line 1210, enrolled, after with
      strike
        accredited federal, state, and local law-enforcement agencies
      insert
        an accredited law-enforcement agency

 

    4. Line 1215, enrolled, after licensee;
      insert
        and

 

    5. Line 1216, enrolled, after Virginia
      strike
        the remainder of line 1216, all of line 1217, and through permit on line 1218

 

    6. Line 1221, enrolled, after check.
      insert
        The results of the background check and national and state criminal records check shall be returned to the Board.

 

    7. Line 1740, enrolled, after remaining revenues
      strike
        in the Fund shall be appropriated annually as general fund revenues
      insert
        not appropriated pursuant to subdivisions B 1 through B 4 shall remain in the Fund until appropriated by the General Assembly for programs established to address public school construction, renovations, or upgrades