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2022 SESSION

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Senate Committee on General Laws and Technology
Subcommittee Gaming

McPike (Chair), Ebbin, Mason, Boysko, Bell, Ruff, Dunnavant, Pillion, Kiggans

Clerk: Hobie Lehman, Jasmine VanDyke
Staff: Rebecca Schultz
Date of Meeting: January 27, 2022
Time and Place: 8:00 AM / Subcommittee Room 2, 5th Floor, Pocahontas Building
https://virginia-senate.granicus.com/ViewPublisher.php?view_id=3

S.B. 96

Patron: Norment

Gaming; use of the name of Virginia or the Commonwealth; civil penalty. Prohibits sports betting and casino gaming operators and their affiliates from using the name of Virginia or the Commonwealth in an advertisement in association with their products or services. A violation is subject to a civil penalty of up to $50,000.

A BILL to amend the Code of Virginia by adding a section numbered 58.1-4006.1, relating to gaming; use of the name of Virginia or the Commonwealth; civil penalty.

22100569D

S.B. 203

Patron: Morrissey

Casino gaming; eligible host cities; limits on local referendums. Adds Petersburg to the list of cities eligible to host a casino in the Commonwealth. The bill also provides that the governing body of any eligible host city that holds a local referendum on the question of whether casino gaming should be permitted in such city that subsequently fails shall be prohibited from holding another local referendum on the same question for a period of five years from the date of the last referendum.

A BILL to amend and reenact §§ 58.1-4107 and 58.1-4123 of the Code of Virginia, relating to casino gaming; eligible host cities; limitation on local referendums.

22100709D

S.B. 366

Patron: Reeves

Horse racing and pari-mutuel wagering; prohibition on persons under 21 years of age; penalty. Raises from 18 to 21 years of age the minimum age for a person to wager on or conduct any wagering on the outcome of a horse race or to be admitted into a satellite facility without being accompanied by such person's parent or legal guardian.

A BILL to amend and reenact § 59.1-403 of the Code of Virginia, relating to horse racing and pari-mutuel wagering; prohibition on persons under 21 years of age; penalty.

22103173D

S.B. 394

Patron: Bell

Charitable gaming; registration of landlords; Texas Hold'em poker operations. Provides that the Department of Agriculture and Consumer Services may promulgate regulations that require any landlord that leases to a qualified charitable organization any premises devoted in whole or in part to the conduct of bingo games or any other charitable gaming to register with the Department. The bill also prohibits (i) an organization qualified to conduct Texas Hold'em poker tournaments from conducting any Texas Hold'em poker games where the game has no predetermined end time and the players wager actual money or poker chips that have cash value, and (ii) a qualified organization from contracting with an operator to administer Texas Hold'em poker tournaments. The bill contains technical amendments.

A BILL to amend and reenact §§ 18.2-340.16, 18.2-340.18, 18.2-340.19, 18.2-340.28:2, and 18.2-340.33 of the Code of Virginia, relating to charitable gaming; registration of landlords; Texas Hold'em poker operations.

22102779D

S.B. 401

Patron: Bell

Enforcement of illegal gaming laws; Charitable Gaming Fund established. Establishes the Charitable Gaming Fund (the Fund) as the receiver of all fees and penalties collected by the Department of Agriculture and Consumer Services (the Department) in its administration of charitable gaming laws. The bill allocates 50 percent of the collected funds to the Department to fund its costs of administering charitable gaming laws; five percent to the Virginia Lottery to fund the costs of the Illegal Gaming Enforcement Coordinator, a position created at the Virginia Lottery by the bill; one percent to the Problem Gambling Treatment and Support Fund; and 44 percent to the general fund.

The bill charges the Illegal Gaming Enforcement Coordinator with coordinating local, state, and federal enforcement of illegal gaming laws and with establishing a tip line for members of the public to report concerns about illegal gaming.

A BILL to amend and reenact §§ 18.2-340.16 and 58.1-4002 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 18.2-340.35:1 and 58.1-4005.1, relating to enforcement of illegal gaming laws; Charitable Gaming Fund established.

22102802D

S.B. 402

Patron: Reeves

Virginia Department of Agriculture and Consumer Services; Charitable Gaming Board; powers and duties. Changes the Charitable Gaming Board (the Board) from a policy board to an advisory board in the executive branch of state government, decreases the membership from 11 to nine members, and moves the power and duty to promulgate regulations related to charitable gaming in the Commonwealth from the Board to the Department of Agriculture and Consumer Services (the Department). The bill provides (i) that the current regulations enacted by the Board shall be administered by the Department and remain in full force and effect until the Department promulgates new regulations pursuant to this bill and (ii) that notwithstanding clause (i), the regulations promulgated by the Board regarding Texas Hold'em poker games and tournaments, which became effective on March 23, 2021, and were rescinded by the General Assembly pursuant to Item 105 of Chapter 552 of the Acts of Assembly of 2021, Special Session I, shall not take effect, but the Department shall promulgate regulations regarding Texas Hold'em poker games and tournaments consistent with the provisions of Chapter 982 of the Acts of Assembly of 2020 and pursuant to the provisions of the Administrative Process Act. The bill contains technical amendments.

A BILL to amend and reenact §§ 2.2-2455, 2.2-2456, 2.2-3705.6, 2.2-4002, 3.2-102, 18.2-325, 18.2-340.15, 18.2-340.16, 18.2-340.18, 18.2-340.19, 18.2-340.20, 18.2-340.22 through 18.2-340.26, 18.2-340.26:2, 18.2-340.28:2, 18.2-340.30, 18.2-340.31, 18.2-340.33 through 18.2-340.34:2, and 18.2-340.36 of the Code of Virginia, relating to the Virginia Department of Agriculture and Consumer Services; Charitable Gaming Board; powers and duties.

22104179D

S.B. 403

Patron: Reeves

Charitable gaming. Provides that electronic gaming, defined in the bill as charitable gaming conducted primarily by use of an electronic device, is restricted to social organizations and is limited to such organizations' social quarters. The bill provides that all receipts attributable to electronic gaming shall be reported to the Department of Agriculture and Consumer Services and shall be subject to application, audit, and administration fees.

The bill eliminates exceptions in current law for veterans and fraternal organizations. Without the exceptions, such organizations shall be subject to two prohibitions that, under current law, apply to all other organizations: (i) they are prohibited from offering bingo, instant bingo, pull tabs, or seal cards outside of their home locality and (ii) they are prohibited from offering such games at a Department of Alcoholic Beverage Control-licensed location unless they hold the license.

A BILL to amend and reenact §§ 18.2-340.16, 18.2-340.19, 18.2-340.20, 18.2-340.23, 18.2-340.26:1, 18.2-340.27, 18.2-340.28, 18.2-340.28:1, and 18.2-340.30 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-340.26:3, relating to charitable gaming.

22104080D

S.B. 462

Patron: Bell

Regulating video gaming terminals; penalties. Authorizes and specifies the licensing requirements for the manufacture, distribution, operation, servicing, hosting, and playing of video gaming terminals (VGTs). The bill provides that VGTs are regulated by the Virginia Lottery Board, which the bill renames as the Virginia Lottery and Gaming Oversight Board. The bill requires employees of such licensees to be registered with the Virginia Lottery, which the bill renames as the Virginia Lottery and Gaming Department. The bill imposes criminal and civil penalties for violations of the law and regulations related to VGTs. The bill imposes a 34 percent tax on all gross profits from the play of VGTs and provides for how the tax proceeds are used; most are deposited into the School Construction Fund, created by the bill.

A BILL to amend and reenact §§ 2.2-419, 2.2-2905, 2.2-3114, 2.2-3202, 2.2-3705.3, 2.2-3705.7, 2.2-3711, 2.2-4002, 8.01-195.11, 9.1-101, as it is currently effective and as it shall become effective, 9.1-801, 18.2-308.016, 18.2-325, 18.2-334.3, 18.2-340.22, 19.2-389, 37.2-314.2, 58.1-3, 58.1-302, 58.1-322.02, 58.1-460, 58.1-4000, 58.1-4002, 58.1-4003, 58.1-4006, 58.1-4007, 58.1-4008, 58.1-4009, 58.1-4011, 58.1-4012, 58.1-4020.1, 58.1-4022, 58.1-4025, 58.1-4027, 58.1-4100, 58.1-4108, 58.1-4123, and 59.1-148.3 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 3 of Title 11 a section numbered 11-16.3, by adding a section numbered 22.1-140.1, and by adding in Chapter 40 of Title 58.1 an article numbered 3, consisting of sections numbered 58.1-4048 through 58.1-4074, relating to regulating video gaming terminals; penalties.

22103766D

S.B. 519

Patron: Lucas


Casino gaming; sale and consumption of alcoholic beverages in casino gaming establishments; casino employees; wagers, accounting and games. Authorizes the Board of Directors of the Virginia Alcoholic Beverage Control Authority (the Board) to issue a mixed beverage casino license. The issuance of such license is limited to a casino gaming establishment owned by a casino operator licensed under Virginia law. The bill provides for the sale and service of alcoholic beverages for on-premises consumption in areas designated by the Board during all hours of operation of the casino gaming establishment and authorizes the licensee to provide gifts of alcoholic beverages to players and establish loyalty or reward credit programs under certain conditions. In addition, the bill provides that a mixed beverage restaurant licensee located on the premises of a casino gaming establishment may sell alcoholic beverages for on-premises consumption on the licensed premises of the restaurant during all hours of operation of the establishment and that any alcoholic beverages purchased from a restaurant on the premises of a casino gaming establishment may be removed from the premises of the licensee and possessed and consumed in areas of the establishment as designated by the Board. Under the bill, a mixed beverage restaurant licensee located on the premises of and operated by a casino gaming establishment holding a valid license issued by the Board prior to July 1, 2022, is authorized to operate with the privileges of a mixed beverage casino license as created by the bill until the casino gaming establishment is issued a mixed beverage casino license or July 1, 2023, whichever occurs first. The Board may promulgate any regulations that it deems necessary for implementing the provisions of the bill no later than October 1, 2022. The initial adoption of regulations are exempt from the Administrative Process Act, except that the Board shall provide an opportunity for public comment on the regulations prior to adoption. The bill also (i) revises the definition of "gross receipts" to include electronic credits and electronic cash and to exclude the cash value of promotions or credits under certain conditions and uncollectable counter checks; (ii) defines and authorizes the use of counter checks and prepaid access instruments; (iii) authorizes wagers to be conducted using electronic credits and electronic cash; and (iv) excludes conviction of misdemeanor possession of marijuana as a disqualifier for the issuance of a service permit by the Virginia Lottery.

 

A BILL to amend and reenact §§ 2.2-3705.3, 4.1-103, 4.1-201.1, 4.1-206.3, as it is currently effective and as it shall become effective, 4.1-231.1, 4.1-233.1, 4.1-325, 58.1-4100, 58.1-4120, and 58.1-4122 of the Code of Virginia, relating to casino gaming; sale and consumption of alcoholic beverages in casino gaming establishments; casino employees; wagers, accounting and games.

22104248D

S.B. 530

Patron: Reeves

Illegal gaming devices; Virginia Fraud Against Taxpayers Act; civil penalty. Adds the manufacturing for sale, selling, or distributing of an illegal gaming device while knowing that it is or is intended to be operated in the Commonwealth in violation of the law to the list of violations for which a civil penalty may be assessed against a person who is found to have committed such violation. The bill also adds a knowledge requirement to the existing violation of possessing or controlling an illegal gambling device. The bill also provides for a civil penalty of up to $25,000 per gambling device for any person who sells a gambling device that is located in an unregulated location. The bill provides that it shall be sufficient ground for an action for pretrial levy or seizure or an attachment that a principal defendant has conducted, financed, managed, supervised, directed, sold, or owned a gambling device that is located in an unregulated location.

A BILL to amend and reenact §§ 8.01-216.3, 8.01-534, and 18.2-331.1 of the Code of Virginia, relating to illegal gaming devices; Virginia Fraud Against Taxpayers Act; civil penalty.

22104310D

S.B. 566

Patron: McDougle

Charitable gaming; enforcement and penalties. Strengthens the penalties that may be imposed for violations of charitable gaming law, allows for an action for pretrial levy or seizure or an attachment for a defendant who violates any provision of charitable gaming law, and requires the Department of State Police to assist the Virginia Department of Agriculture and Consumer Services in the conduct of investigations of charitable gaming violations.

A BILL to amend and reenact §§ 8.01-534, 18.2-340.15, 18.2-340.20, 18.2-340.30, 18.2-340.33, 18.2-340.34, and 18.2-340.35 of the Code of Virginia, relating to charitable gaming; enforcement and penalties.

22102990D

S.B. 576

Patron: Mason

Sports betting; Virginia college sports. Allows betting, with the exception of proposition betting, on Virginia college sports. Under current law, betting other than proposition betting is allowed on all college sports except Virginia college sports.

A BILL to amend and reenact §§ 58.1-4030 and 58.1-4039 of the Code of Virginia and the fourth enactment of Chapter 1197 and the fourth enactment of Chapter 1248 of the Acts of Assembly of 2020, relating to sports betting; Virginia college sports.

22100846D