Virginia 2022 Regular Session Status: Passed House Of Delegates

HB 764 — Charitable gaming; registration of landlords, Texas Hold'em poker operations.

Last action — Continued to 2022 Sp. Sess. 1 pursuant to HJR455

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House of Delegates
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2022 Regular Session. It reached “Passed House of Delegates” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

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 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. The bill contains technical amendments.

Bill Text

What changed in the latest version

387 added · 332 removed

Plain-language change summary

The updated version of HB 764 expands the definition of "charitable gaming supplies" to explicitly include items like playing cards for Texas Hold'em poker and poker chips, making it clearer what materials can be used in these charitable events. It also modifies some definitions for consistency, such as clarifying who is considered a "bona fide member" of a qualified organization. These changes matter because they help organizations better understand the regulations surrounding charitable gaming, which can enhance their ability to raise funds for good causes while ensuring compliance with state laws.

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SESSION HOUSE SUBSTITUTE 22105632D AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the House Committee on General Laws on February 3, 2022) (Patron Prior to Substitute––Delegate Krizek) A BILL to amend and reenact §§ 18.2-340.16, 18.2-340.18, 18.2-340.28:2, and 18.2-340.33 of the Code of Virginia, relating to charitable gaming;
SESSION SENATE SUBSTITUTE 22106694D HOUSE BILL NO.
764 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee on General Laws and Technology on February 16, 2022) (Patron Prior to Substitute––Delegate Krizek) 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 poker operations.rginia, relating to charitable gaming;
Texas Hold'em poker operations.
Texas Hold'em Be it enacted by the General Assembly of Virginia:
Be it enacted by the General Assembly of Virginia:
1.
amended and reenacted as follows:18, 18.2-340.28:2, and 18.2-340.33 of the Code of Virginia are § 18.2-340.16.
That §§ 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 are amended and reenacted as follows:
§ 18.2-340.16.
As used in this article, unless the context requires a different meaning:
"Bingo" means a specific game of chance played with (i) individual cards having randomly numbered squares ranging from one to 75, (ii) Department-approved electronic devices that display facsimiles of bingo cards and are used for the purpose of marking and monitoring players' cards as numbers are called, or (iii) Department-approved cards, in which prizes are awarded on the basis of designated numbers on such cards conforming to a predetermined pattern of numbers selected at random.
"Bingo" means a specific game of chance played with (i) individual cards having randomly numbered squares ranging from one to 75, (ii) Department-approved electronic devices that display facsimiles of bingo cards and are used for the purpose of marking and monitoring players' cards as numbers arO numbers on such cards conforming to a predetermined pattern of numbers selected at random.signated "Board" means the Charitable Gaming Board created pursuant to § 2.2-2455.
N "Board" means the Charitable Gaming Board created pursuant to § 2.2-2455.
U "Bona fide member" means an individual who participates in activities of a qualified organization other than such organization's charitable gaming activities.
other than such organization's charitable gaming activities.n activities of a qualified organizAtion "Charitable gaming" or "charitable games" means those raffles, Texas Hold'em poker tournamenTs, and games of chance explicitly authorized by this article.
S "Charitable gaming" or "charitable games" means those raffles, Texas Hold'em poker tournaments, and games of chance explicitly authorized by this article.
"Charitable gaming supplies" includes bingo cards or sheets, devices for selecting bingo numEers, instant bingo cards, pull-tab cards and seal cards, playing cards for Texas Hold'em poker, poker chips, and any other equipment or product manufactured for or intended to be used in the conduct of charitable incidental to the conduct of charitable gaming such as markers, wands, or tape.all not include items "Commissioner" means the Commissioner of the Department of Agriculture and Consumer Services.
E instant bingo cards, pull-tab cards and seal cards, playing cards for Texas Hold'em poker, poker chips, and any other equipment or product manufactured for or intended to be used in the conduct of charitable games.
"Conduct" means the actions associated with the provision of a gaming operation during and U immediately before or after the permitted activity, which may include, but not be limited to, (B) selling bingo cards or packs, electronic devices, instant bingo or pull-tab cards, or raffle tickets, (ii) calling bin"Department" means the Department of Agriculture and Consumer Services.ed by volunteer workeSs.
However, for the purposes of this article, charitable gaming supplies shall not include Stems incidental to the conduct of charitable gaming such as markers, wands, or tape.
"Fair market rental value" means the rent that a rental property will bring when offered for lease by 36 a lessor who desires to lease the property but is not obligated to do so and leased by a lessee under no 37 necessity of leasing.
"Commissioner" means the Commissioner of the Department of Agriculture and Consumer Services.
I 38 "Gaming expenses" means prizes, supplies, costs of publicizing gaming activities, audit and T 39 administration or permit fees, and a portion of the rent, utilities, accounting and legal fees Und such oth"Gross receipts" means the total amount of money generated by an organization from charitableng.
"Conduct" means the actions associated with the provision of a gaming operation during and B bingo cards or packs, electronic devices, instant bingo or pull-tab cards, or raffle tickets, (ii) calling bingo games, (iii) distributing prizes, and (iv) any other services provided by volunteer workers.
gaming before the deduction of expenses, including prizes.
"Department" means the Department of Agriculture and Consumer Services.
T "Instant bingo," "pull tabs," or "seal cards" means specific games of chance played by the rEndom selection of one or more individually prepacked cards, including Department-approved electronic versions thereof, with winners being determined by the preprinted or predetermined appearance of and may include the use of a seal card which conceals one or more numbers or symbols that have beenes designated in advance as prize winners.
T "Fair market rental value" means the rent that a rental property will bring when offered forIlease by 35 a lessor who desires to lease the property but is not obligated to do so and leased by a lessee under no 36 necessity of leasing.
T 38 administration or permit fees, and a portion of the rent, utilities, accounting and legal fees and such 39 other reasonable and proper expenses as are directly incurred for the conduct of charitable gaming.
40 "Gross receipts" means the total amount of money generated by an organization from charitable gaming before the deduction of expenses, including prizes.
E "Instant bingo," "pull tabs," or "seal cards" means specific games of chance played by the random selection of one or more individually prepacked cards, including Department-approved electronic versions thereof, with winners being determined by the preprinted or predetermined appearance of and may include the use of a seal card which conceals one or more numbers or symbols that have beenes designated in advance as prize winners.
"Jackpot" means a bingo game that the organization has designated on its game program as a jHckpot game in which the prize amount is greater than $100.
"Jackpot" means a bingo game that the organization has designated on its game program as a jackpot game in which the prize amount is greater than $100.
7 "Landlord" means any person or his agent, firm, association, organization, partnership, or c4rporation, in whole or in part to the conduct of bingo games or other charitable gaming pursuant to this article, and any person residing in the same household as a landlord.
H "Landlord" means any person or his agent, firm, association, organization, partnership, or c7rporation, in whole or in part to the conduct of bingo games or other charitable gaming pursuant to this article, and any person residing in the same household as a landlord.
"Network bingo" means a specific bingo game in which pari-mutuel play is permitted.
HB764S1 2 of 7 "Network bingo" means a specific bingo game in which pari-mutuel play is permitted.
HB764H1 2 of 6 "Network bingo provider" means a person licensed by the Department to operate network bingo.
"Network bingo provider" means a person licensed by the Department to operate network bingo.
"Pari-mutuel play" means an integrated network operated by a licensee of the Department comprised of participating charitable organizations for the conduct of network bingo games in which the purchase of a network bingo card by a player automatically includes the player in a pool with all other players in of 6 amount of network bingo cards sold in a particular network.warded based on a percentage of the total "Qualified organization" means any organization to which a valid permit has been issued by the Department to conduct charitable gaming or any organization that is exempt pursuant to § 18.2-340.23.
"Pari-mutuel play" means an integrated network operated by a licensee of the Department comprised of participating charitable organizations for the conduct of network bingo games in which the purchase of 7 the network, and where the prize to the winning player is awarded based on a percentage of the totalrs in amount of network bingo cards sold in a particular network.
"Raffle" means a lottery in which the prize is won by (i) a random drawing of the name or prearranged number of one or more persons purchasing chances or (ii) a random contest in which the race involving inanimate objects floating on a body of water, commonly referred to as a "duck race." "Reasonable and proper business expenses" means business expenses actually incurred by a qualified organization in the conduct of charitable gaming and not otherwise allowed under this article or under Board regulations on real estate and personal property tax payments, travel expenses, payments of utilities and trash collection services, legal and accounting fees, costs of business furniture, fixtures and property.
"Qualified organization" means any organization to which a valid permit has been issued by the Department to conduct charitable gaming or any organization that is exempt pursuant to § 18.2-340.23.
For the purpose of this definition, salaries and wages of employees whose primaryzation's real responsibility is to provide services for the principal benefit of an organization's members shall not qualify as a business expense.
"Raffle" means a lottery in which the prize is won by (i) a random drawing of the name or winning name or preassigned number of one or more persons purchasing chances is determined by athe race involving inanimate objects floating on a body of water, commonly referred to as a "duck race." "Reasonable and proper business expenses" means business expenses actually incurred by a qualified organization in the conduct of charitable gaming and not otherwise allowed under this article or under Board regulations on real estate and personal property tax payments, travel expenses, payments of office equipment and costs of acquisition, maintenance, repair or construction of an organization's reals and property.
However, payments made pursuant to § 51.1-1204 to the Volunteer H Firefighters' and Rescue Squad Workers' Service Award Fund shall be deemed a reasonable and proper business expense.
For the purpose of this definition, salaries and wages of employees whose primary responsibility is to provide services for the principal benefit of an organization's members shall not qualify as a business expense.
O supplies to any qualified organization.rs to sell, sells or otherwise provides charitable gaminU "Texas Hold'em poker game" means a variation of poker in which (i) players receive two cards facedown that may be used individually, (ii) five cards shown face up are shared among all playSrs in the game, (iii) players combine any number of their individual cards with the shared cards to make the highest five-card hand to win the value wagered during the game, and (iv) the ranking of hands End the rul"Texas Hold'em poker tournament" or "tournament" means an organized competition of players (i)n.
However, payments made pursuant to § 51.1-1204 to the Volunteer Firefighters' and Rescue Squad Workers' Service Award Fund shall be deemed a reasonable and proper bus"Supplier" means any person who offers to sell, sells or otherwise provides charitable gaminN supplies to any qualified organization.
who pay a fixed fee for entry into the competition and for a certain amount of poker chips for use in the competition;
"Texas Hold'em poker game" means a variation of poker in which (i) players receive two cardsA facedown that may be used individually, (ii) five cards shown face up are shared among all players in the game, (iii) players combine any number of their individual cards with the shared cards to mTke the rules of the game are governed by the official rules of the Poker Tournament Directors Association.the "Texas Hold'em poker tournament" or "tournament" means an organized competition of players (i) who pay a fixed fee for entry into the competition and for a certain amount of poker chips for use in the competition;
(ii) who may be allowed to pay an additional fee, during set preannounced timeS of the competition, to receive additional poker chips for use in the competition;
(ii) who may be allowed to pay an additional fee, during set preannounced times of the competition, to receive additional poker chips for use in the competition;
(iii) who may be seated at one or more tables simultaneously playing Texas Hold'em poker games;
(iii) who may be seaSed at one chips are eliminated from the competition;
(iv) who upon running out of pUker value according to how long such players remain in the competition.
and (v) a pre-set number of whom are awarded prizes ofer value according to how long such players remain in the competition.
of whom are awarded prizes Bf § 18.2-340.18.
U § 18.2-340.18.
S The Department shall have all powers and duties necessary to carry out the provisions of this article and to exercise the control of charitable gaming as set forth in § 18.2-340.15.
B The Department shall have all powers and duties necessary to carry out the provisions of thiS article and to exercise the control of charitable gaming as set forth in § 18.2-340.15.
Such powers and duties shall include but not be limited to the following:
Such powers and duties sha1.
I under the provisions of this article and including all persons that conduct or provide goods, services, or premises used in the conduct of charitable gaming.
The Department is vested with jurisdiction and supervision over all charitable gaming authorized under the provisions of this article and including all persons that conduct or provide goods, services, or premises used in the conduct of charitable gaming.
It may employ such persons as are necessary to ensure that charitable gaming is conducted in conformity with the provisions of this article and the regulations of the Board.
It may employ such persons as are necessary To ensure that charitable gaming is conducted in conformity with the provisions of this article and the regulations of the Board.
The Department shall designate such agents and employees as it deems T necessary and appropriate who shall be sworn to enforce the provisions of this article and the criminal law2.
The Department shall designate such agents and employees as it deems U laws of the Commonwealth and who shall be law-enforcement officers as defined in § 9.1-101.the Triminal 2.
The Department, its agents and employees and any law-enforcement officers charged with the enforcement of charitable gaming laws shall have free access to the offices, facilities or any other place of business of any organization, including any premises devoted in whole or in part to the conduct of charitable gaming.
The Department, its agents and employees and any law-enforcement officers charged with thE enforcement of charitable gaming laws shall have free access to the offices, facilities or any other place of business of any organization, including any premises devoted in whole or in part to the conduct of charitable gaming.
These individuals may enter such places or premises for the purpose of carrying out any duty imposed by this article, securing records required to be maintained by an organization, inv3.
These individuals may enter such places or premises for the purpose of carrying out investigating complaints, or conducting audits.rds required to be maintained by an organization, 3.
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In addition, the DeparBment may require the production of an annual balance sheet and operating statement of any person granted6a permit pursuant to the provisions of this article and may require the production of any contracH to which suc4.
In addition, the DeparHment may require the production of an annual balance sheet and operating statement of any person grantedBa such person is or may be a party.
The Department 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 Department, it is necessary to do so for the effectual discharge of its duties.
of this article and may require the production of any contrac4 to which 4.
The Department may issue subpoenas for the attendance of witnesses before it, administer 1aths, and compel production of records or other documents and testimony of such witnesses whenever, in the judgment of the Department, it is necessary to do so for the effectual discharge of its duties.
The Department may compel any person conducting charitable gaming to file with the Department such documents, information, or data as shall appear to the Department to be necessary for the performance of its duties.
The Department may compel any person conducting charitable gaming to file with the Department such documents, information, or data as shall appear to the Department to be necessary for the HB764S1 4 of 7 performance of its duties.
HB764H1 4 of 6 6.
6.
§ 18.2-340.28:2.
§ 18.2-340.19.
Conduct of Texas Hold'em poker tournaments by qualified organizations;
Regulations of the Board.
conditions.
The Board shall adopt regulations that:
1.
Require, as a condition of receiving a permit, that the applicant use a predetermined percentage of its gross 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.
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 Board to ascertain the percentage of Virginia residents in accordance with subdivision A 3 of § 18.2-340.24.
Membership lists furnished to the Board or 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.
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.
5.
Define electronic and mechanical equipment used in the conduct of charitable gaming.
Board 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 pull tab 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.
of 7 provided that such person is accompanied by his parent or legal guardian.ears may play bingo, 10.
Require all qualified organizations that are subject to Board regulations to post in a conspicuous place in every place where charitable gaming is conducted a sign which bears a toll-free telephone number for "Gamblers Anonymous" or other organization which provides assistance to compulsive gamblers.
accordance with § 18.2-340.28:1 and establish a percentage of proceeds derived from network bingo in 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.
Prescribe the conditions under which a qualified organization may manage, operate or contract witB.
In addition to the powers and duties granted pursuant to § 2.2-2456 and this article, the Board 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.
Board-approved variations may include, but are not limited to, bingo games commonly referred to as player selection games and 90-number bingo.
E conditions.40.28:2.
Conduct of Texas Hold'em poker tournaments by qualified organizations;
N A.
however, no such organization may conduct individual Texas Hold'em poker games.
however, no such organization may conduct individual Texas Hold'em A poker games.
The Board shall promulgate regulations establishing circumstances under which organizations qualified to conduct bingo games prior to July 1, 2019, may conduct Texas Hold'em poker tournaments.
The Board shall promulgate regulations establishing circumstances under which organizations qualified to conduct bingo games prior to July 1, 2019, may conduct Texas Hold'emTpoker touB.
B.
C.
E C.
However, no such organization shall accept postdated checks in payment of any charges or assessments for players to participate in Texas Hold'em poker tournaments.
However, no such organization shall accept postdated checks in payment of any charges or assessments for playersSto parD.
D.
C.
E.
B E.
No qualified organization shall allow any individual younger than 18 years of age to participate in Texas Hold'em poker tournaments.
D.
§ 18.2-340.33.
No qualified organization shall allow any individual younger than 18 years of age to S participate in Texas Hold'em poker tournaments.
Prohibited practices.
1.
I 1.
No part of the gross receipts derived by a qualified organization may be used for any purpose other than (i) reasonable and proper gaming expenses, (ii) reasonable and proper business expenses, (iii) those lawful religious, charitable, community or educational purposes for which the organization is specifically chartered or organized, and (iv) expenses relating to the acquisition, construction, maintenance, or repair of any interest in the real property involved in the operation of the organization and used for lawful religious, charitable, community or educational purposes.
No part of the gross receipts derived by a qualified organization may be used for any purTose other than (i) reasonable and proper gaming expenses, (ii) reasonable and proper business expenses, (iii) those lawful religious, charitable, community or educational purposes for which the organization is maintenance, or repair of any interest in the real property involved in the operation of the organization and used for lawful religious, charitable, community or educational purposes.
For the purposes of clause (iv), such expenses may include the expenses of a corporation formed for the purpose of serving as the real estate holding entity of a qualified organization, provided (a) such holding entity is qualified as a tax exempt organization under § 501(c) of the Internal Revenue Code and (b) the membership of the qualified organization is identical to such holding entity.
For the purposes Ef clause (iv), such expenses may include the expenses of a corporation formed for the purpose of serving as the real estate holding entity of a qualified organization, provided (a) such holding entity is qualified as a tax exempt organization under § 501(c) of the Internal Revenue Code and (b) the membership of the qua2.
2.
However, organizations composed of or for deaf or blind persons may use a part of their gross receipts for costs associated with providing clerical assistance in the management and operation but not the conduct of charitable gaming.
However, organizations composed of or for deaf or blind persons may use a part of their gross receipts for costs associated with providing clerical assistance in the managemeHt and operation but not the conduct of charitable gaming.
The provisions of this subdivision shall not prohibit the joint operation of bingo games held in accordance with § 18.2-340.29.
B accordance with § 18.2-340.29.ivision shall not prohibit the joint operation of bingo games hel4 in 3.
3.
No person shall pay or receive for use of any premises devoted, in whole or in part, to t1e conduct of any charitable games, any consideration in excess of the current fair market rental value of such property.
No person shall pay or receive for use of any premises devoted, in whole or in part, to the conduct of any charitable games, any consideration in excess of the current fair market rental value of of 6 to a percentage of the proceeds derived from the operation of any charitable games or to the number ofce people in attendance at such charitable games.
Fair market rental value consideration shall not be based upon or determined by reference to a percentage of the proceeds derived from the operation of any charitable games or to the number of people in attendance at such charitable games.
4.
HB764S1 6 of 7 4.
For any organization that is not composed of members, a person who directly supervised by a bona fide official member of the organization.game as long as that person is The provisions of this subdivision shall not apply to (i) persons employed as clerical assistants by qualified organizations composed of or for deaf or blind persons;
For any organization that is not composed of members, a person who is not a bona fide member may volunteer in the conduct of a charitable game as long as that person is directly supervised by a bona fide official member of the organization.
The provisions of this subdivision shall not apply to (i) persons employed as clerical assistants by qualified organizations composed of or for deaf or blind persons;
(iii) the spouse or family member of any such persons employed by a qualified organization authorized to sell pull tabs or seal cards in accordancev) with § 18.2-340.16, provided (a) such sales are conducted by no more than two on-duty employees, (b) such employees receive no compensation for or based on the sale of the pull tabs or seal cards, and (c) such sales are conducted in the private social quarters of the organization.
(iii) the spouse or family member of any such bona fide member of a qualified organization provided at least one bona fide member is present;
or (iv) persons employed by a qualified organization authorized to sell pull tabs or seal cards in accordance with § 18.2-340.16, provided (a) such sales are conducted by no more than two on-duty employees, (b) such employees receive no compensation for or based on the sale of the pull tabs or seal cards, and (c) such sales are conducted in the private social quarters of the organization.
No person shall receive any remuneration for participating in the management, operation or cona.
No person shall receive any remuneration for participating in the management, operation or conduct of any charitable game, except that:
Persons employed by organizations composed of or for deaf or blind persons may receive U remuneration not to exceed $30 per event for providing clerical assistance in the management and operation but not the conduct of charitable games only for such organizations;
a.
S b.
Persons employed by organizations composed of or for deaf or blind persons may receive remuneration not to exceed $30 per event for providing clerical assistance in the management and operation but not the conduct of charitable games only for such organizations;
Persons under the age of 19 who sell raffle tickets for a qualified organization to raise funds for youth activities in which they participate may receive nonmonetary incentive awards or prizes fEom the orgc.
b.
Remuneration may be paid to off-duty law-enforcement officers from the jurisdiction in which such bingo games are played for providing uniformed security for such bingo games even if such officer is a member of the sponsoring organization, provided the remuneration paid to such member is inS accordance with off-duty law-enforcement personnel work policies approved by the local law-enforcement official and further provided that such member is not otherwise engaged in the U services businesses licensed pursuant to § 9.1-139 providing uniformed security for such bingo games, provided that employees of such businesses shall not otherwise be involved in the management, S operation, or conduct of the bingo games of that organization;
Persons under the age of 19 who sell raffle tickets for a qualified organization to raise funds for youth activities in which they participate may receive nonmonetary incentive awards or prizes from the organization;
c.
Remuneration may be paid to off-duty law-enforcement officers from the jurisdiction in which such bingo games are played for providing uniformed security for such bingo games even if such officer is a member of the sponsoring organization, provided the remuneration paid to such member is in accordance with off-duty law-enforcement personnel work policies approved by the local law-enforcement official and further provided that such member is not otherwise engaged in the management, operation or conduct of the bingo games of that organization, or to private security services businesses licensed pursuant to § 9.1-139 providing uniformed security for such bingo games, provided that employees of such businesses shall not otherwise be involved in the management, operation, or conduct of the bingo games of that organization;
A member of a qualified organization lawfully participating in the management, operation or conduct of a bingo game may be provided food and nonalcoholic beverages by such organization foI accordance with Board regulations;
A member of a qualified organization lawfully participating in the management, operation or conduct of a bingo game may be provided food and nonalcoholic beverages by such organization for on-premises consumption during the bingo game provided the food and beverages are provided in accordance with Board regulations;
bingo game provided the food and beverages are provided in e.
e.
and T f.
and f.
Volunteers of a qualified organization may be reimbursed for their reasonable and necessary travel exp6.
Volunteers of a qualified organization may be reimbursed for their reasonable and necessary travel expenses, not to exceed $50 per session.
6.
games on its own behalf at premises owned by it.apply to any qualified organization conducting bingo 7.
The provisions of this subdivision shall not apply to any qualified organization conducting bingo games on its own behalf at premises owned by it.
7.
B 8.
8.
No organization shall award any bingo prize money or any merchandise valued in excess of 6he following amounts:
No organization shall award any bingo prize money or any merchandise valued in excess of the following amounts:
H in any one session;
a.
prize shall exceed $250 for a single door prize or $500 in cumulative door 1rizes b.
No bingo door prize shall exceed $250 for a single door prize or $500 in cumulative door prizes in any one session;
b.
HB764H1 6 of 6 Proceeds from the sale of bingo cards and the sheets used for bingo jackpot games shall be accounted for separately from the bingo cards or sheets used for any other bingo games;
Proceeds from the sale of bingo cards and the sheets used for bingo jackpot games shall be accounted for separately from the bingo cards or sheets used for any other bingo games;
9.
of 7 9.
Any progressive bingo game, in which (i) a regular or special prize, not to exceed $100, is awarded on the basis of predetermined numbers or patterns selected at random and (ii) a progressive prize, not to exceed $500 for the initial progressive prize and $5,000 for the maximum progressive prize, is awarded if the predetermined numbers or patterns are covered when a certain number of numbers is called, provided that (a) there are no more than six such games per session per organization, (b) the amount of increase of the progressive prize per session is no more than $200, (c) the bingo cards or sheets used in such games are sold separately from the bingo cards or sheets used for any other bingo games, (d) the organization separately accounts for the proceeds from such sale, and (e) such games are otherwise operated in accordance with the Department's rules of play.
Any progressive bingo game, in which (i) a regular or special prize, not to exceed $100, is awarded on the basis of predetermined numbers or patterns selected at random and (ii) a progressive prize, not to exceed $500 for the initial progressive prize and $5,000 for the maximum progressive prize, is awarded provided that (a) there are no more than six such games per session per organization, (b) the amount of increase of the progressive prize per session is no more than $200, (c) the bingo cards or sheets used in such games are sold separately from the bingo cards or sheets used for any other bingo games, (d) the organization separately accounts for the proceeds from such sale, and (e) such games are otherwise ope10.
10.
The provisions of this subdivision shall not apply to a raffle conducted no more than three times per calendar year by a qualified organization qualified as a tax-exempt organization pursuant to § 501(c) of the Internal Revenue Code for a prize consisting of a lot improved by a residential dwelling where 100 percent of the moneys received from such a raffle, less deductions for the fair market value for the cost of acquisition of the land and materials, are donated to lawful religious, charitable, community, or educational organizations specifically chartered or organized under the laws of the Commonwealth and qualified as a § 501(c) tax-exempt organization.
The provisions of this subdivision shall not apply to a raffle conducted no more than three times per calendar year by a qualified organization qualified as a tax-exempt organization pursuant to § 501(c) of the Internal Revenue Code for a prize consisting of a lot improved by a residential dwelling where 100 of acquisition of the land and materials, are donated to lawful religious, charitable, community, or cost educational organizations specifically chartered or organized under the laws of the Commonwealth and qualified as a § 501(c) tax-exempt organization.
11.
a member to provide clerical assistance in the management and operation but not the conduct of anyot charitable games shall conduct such games unless it has in force fidelity insurance, as definedAin § 38.2-120, written by an insurer licensed to do business in the Commonwealth.
No qualified organization composed of or for deaf or blind persons which employs a person not a member to provide clerical assistance in the management and operation but not the conduct of any charitable games shall conduct such games unless it has in force fidelity insurance, as defined in § 38.2-120, written by an insurer licensed to do business in the Commonwealth.
No person shall participate in the management or operation of any charitable game if he has ever been convicted of any felony or if he has been convicted of any misdemeanor involving fraud, theft, or financial crimes within the preceding five years.
No person shall participate in the management or operation of any charitable game if he Tas ever been convicted of any felony or if he has been convicted of any misdemeanor involving fraud, theft, or charitable game if, within the preceding 10 years, he has been convicted of any felony or if, within the preceding five years he has been convicted of any misdemeanor involving fraud, theft, or financial crimes.
No person shall participate in the conduct of any charitable game if, within the preceding 10 years, he has been convicted of any felony or if, within the preceding five years he has been convicted of any misdemeanor involving fraud, theft, or financial crimes.
In addition, no person shall participate in the management, operation or conduct of any charitable game if that person, within the preceding five years, has participated in the manageSent, competent jurisdiction to have been operated in violation of state law, local ordinance or BoarU regulation.
In addition, no person shall participate in the management, operation or conduct of any charitable game if that person, within the preceding five years, has participated in the management, operation, or conduct of any charitable game which was found by the Department or a court of competent jurisdiction to have been operated in violation of state law, local ordinance or Board regulation.
Qualified organizations jointly conducting bingo games pursuant to § 18.2-340.29 shall not circumvent any restrictions and prohibitions which would otherwise apply if a single organization were conducting such games.
Qualified organizations jointly conducting bingo games pursuant to § 18.2-340.29 shall not circumvent any restrictions and prohibitions which would otherwise apply if a single organizatiSn were frequency with which bingo games may be held, the value of merchandise or money awarded as prizTs,he or any other practice prohibited under this section.
These restrictions and prohibitions shall include, but not be limited to, the frequency with which bingo games may be held, the value of merchandise or money awarded as prizes, or any other practice prohibited under this section.
A qualified organization shall not purchase any charitable gaming supplies for use in the Commonwealth from any person who is not currently registered with the Department as a supplier pursuant to § 18.2-340.34.
A qualified organization shall not purchase any charitable gaming supplies for use in the Commonwealth from any person who is not currently registered with the Department as a supplier T pur15.
15.
No organization qualified to conduct Texas Hold'em poker tournaments pursuant to § 18.2-340.28:2 shall conduct 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.
No organization qualified to conduct Texas Hold'em poker tournaments pursuant to T § 18.2-340.28:2 shall conduct any Texas Hold'em poker games where the game has no predeterminedE end17.
No qualified organization shall contract with an operator to administer Texas Hold'em poker tournaments.
B S 1
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Action History

  1. Continued to 2022 Sp. Sess. 1 pursuant to HJR455

  2. Continued to 2022 Sp. Sess. 1 pursuant to HJR455

  3. Conferees appointed by House

  4. Conferees appointed by House

  5. Conferees appointed by Senate

  6. Conferees appointed by Senate

  7. House acceded to request

  8. House acceded to request

  9. Senate requested conference committee

  10. Senate insisted on amendment (37-Y 0-N 3-A)

  11. Senate requested conference committee

  12. Senate insisted on amendment (37-Y 0-N 3-A)

  13. VOTE:Rejected (1-Y 97-N)

  14. Senate substitute rejected by House 22106694D-S1 (1-Y 97-N)

  15. VOTE:Rejected (1-Y 97-N)

  16. Senate substitute rejected by House 22106694D-S1 (1-Y 97-N)

  17. Impact statement from DPB (HB764S1)

  18. Passed by for the day

  19. Impact statement from DPB (HB764S1)

  20. Passed by for the day

  21. Passed Senate with substitute (36-Y 1-N 3-A)

  22. Engrossed by Senate - committee substitute HB764S1

  23. Committee substitute agreed to 22106694D-S1

  24. Reading of substitute waived

  25. Read third time

  26. Passed Senate with substitute (36-Y 1-N 3-A)

  27. Engrossed by Senate - committee substitute HB764S1

  28. Committee substitute agreed to 22106694D-S1

  29. Reading of substitute waived

  30. Read third time

  31. Constitutional reading dispensed (38-Y 0-N)

  32. Constitutional reading dispensed (38-Y 0-N)

  33. Impact statement from DPB (HB764H1)

  34. Impact statement from DPB (HB764H1)

  35. Committee substitute printed 22106694D-S1

  36. Reported from General Laws and Technology with substitute (14-Y 0-N)

  37. Committee substitute printed 22106694D-S1

  38. Reported from General Laws and Technology with substitute (14-Y 0-N)

  39. Referred to Committee on General Laws and Technology

  40. Constitutional reading dispensed

  41. Referred to Committee on General Laws and Technology

  42. Constitutional reading dispensed

  43. VOTE: Passage (73-Y 27-N)

  44. Read third time and passed House (73-Y 27-N)

  45. VOTE: Passage (73-Y 27-N)

  46. Read third time and passed House (73-Y 27-N)

  47. Passed by for the day

  48. Passed by for the day

  49. Engrossed by House - committee substitute HB764H1

  50. Committee substitute agreed to 22105632D-H1

  51. Read second time

  52. Engrossed by House - committee substitute HB764H1

  53. Committee substitute agreed to 22105632D-H1

  54. Read second time

  55. Read first time

  56. Read first time

  57. Committee substitute printed 22105632D-H1

  58. Reported from General Laws with substitute (15-Y 6-N)

  59. House committee, floor amendments and substitutes offered

  60. Committee substitute printed 22105632D-H1

  61. Reported from General Laws with substitute (15-Y 6-N)

  62. House committee, floor amendments and substitutes offered

  63. Subcommittee recommends reporting with substitute (5-Y 3-N)

  64. House subcommittee amendments and substitutes offered

  65. Subcommittee recommends reporting with substitute (5-Y 3-N)

  66. House subcommittee amendments and substitutes offered

  67. Assigned GL sub: Subcommittee #3

  68. Assigned GL sub: Subcommittee #3

  69. Impact statement from DPB (HB764)

  70. Impact statement from DPB (HB764)

  71. Referred to Committee on General Laws

  72. Prefiled and ordered printed; offered 01/12/22 22100550D

  73. Referred to Committee on General Laws

  74. Prefiled and ordered printed; offered 01/12/22 22100550D

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 147 not signed on · 26 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (147)

147 members have not signed on to this bill.

Show all 147 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed Senate with substitute (36-Y 1-N 3-A)

Passed 36 Yea · 1 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 36103
Total 36103
% of votes cast 90%3%0%8%
How each member voted (40)
Member Party Vote
McClellan, Jennifer L. — Yea
Morrissey, Joseph D. — Yea
Spruill, Lionell, Sr. — Yea
Barbara A. Favola — Yea
Barker, George L. — Yea
Bell, John J. — Yea
Bill DeSteph — Not Voting
Bryce E. Reeves — Yea
Chase, Amanda F. — Nay
Cosgrove, John A., Jr. — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Dunnavant, Siobhan S. — Yea
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Hanger, Emmett W., Jr. — Yea
Hashmi, Ghazala F. — Yea
Howell, Janet D. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
Kiggans, Jennifer A. — Yea
L. Louise Lucas — Yea
Lewis, Lynwood W., Jr. — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
Mason, T. Montgomery "Monty" — Yea
Newman, Stephen D. — Yea
Norment, Thomas K., Jr. — Yea
Petersen, J. Chapman — Not Voting
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ruff, Frank M., Jr. — Yea
Ryan T. McDougle — Yea
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
T. Travis Hackworth — Yea
Todd E. Pillion — Yea
Vogel, Jill Holtzman — Yea
William M. Stanley, Jr. — Not Voting

Official roll call →

Constitutional reading dispensed (38-Y 0-N)

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 38002
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
McClellan, Jennifer L. — Yea
Morrissey, Joseph D. — Yea
Spruill, Lionell, Sr. — Yea
Barbara A. Favola — Yea
Barker, George L. — Yea
Bell, John J. — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Chase, Amanda F. — Yea
Cosgrove, John A., Jr. — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Dunnavant, Siobhan S. — Yea
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Hanger, Emmett W., Jr. — Yea
Hashmi, Ghazala F. — Yea
Howell, Janet D. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
Kiggans, Jennifer A. — Yea
L. Louise Lucas — Yea
Lewis, Lynwood W., Jr. — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
Mason, T. Montgomery "Monty" — Yea
Newman, Stephen D. — Yea
Norment, Thomas K., Jr. — Yea
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Not Voting
Ruff, Frank M., Jr. — Yea
Ryan T. McDougle — Yea
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
T. Travis Hackworth — Yea
Todd E. Pillion — Yea
Vogel, Jill Holtzman — Not Voting
William M. Stanley, Jr. — Yea

Official roll call →

VOTE: Passage (73-Y 27-N)

Passed 73 Yea · 26 Nay
Party YeaNayPresentNot Voting
Unaffiliated 732600
Total 732600
% of votes cast 74%26%0%0%
How each member voted (99)
Member Party Vote
Greenhalgh, Karen S. — Yea
March, Marie E. — Nay
Adams, Dawn M. — Yea
Adams, Les R. — Yea
Alfonso H. Lopez — Yea
Angelia Williams Graves — Yea
Anne Ferrell Tata — Yea
Avoli, G. "John" — Yea
Batten, Amanda E. — Nay
Bell, Robert B. — Nay
Betsy B. Carr — Yea
Bill Wiley — Yea
Bourne, Jeffrey M. — Yea
Briana D. Sewell — Yea
Bulova, David L. — Yea
Byron, Kathy J. — Nay
C.E. Cliff Hayes, Jr. — Yea
Campbell, Jeffrey L. — Nay
Campbell, Ronnie R. — Yea
Charniele L. Herring — Yea
Chris S. Runion — Nay
Christopher T. Head — Nay
Convirs-Fowler, Kelly K. — Yea
Cordoza, A.C. — Nay
Coyner, Carrie E. — Nay
Dan I. Helmer — Yea
Danica A. Roem — Yea
David A. Reid — Yea
Davis, Glenn R. — Nay
Delores L. McQuinn — Yea
Don Scott — Yea
Edmunds, James E., II — Yea
Elizabeth B. Bennett-Parker — Yea
Emily M. Jordan — Yea
Fariss, C. Matthew — Yea
Filler-Corn, Eileen — Yea
Fowler, Hyland F."Buddy," Jr. — Yea
Freitas, Nicholas J. — Nay
Gooditis, Wendy W. — Yea
Guzman, Elizabeth R. — Yea
H. Otto Wachsmann, Jr. — Yea
Hudson, Sally L. — Yea
Irene Shin — Yea
Israel D. O'Quinn — Nay
Jackie H. Glass — Yea
James A. "Jay" Leftwich — Yea
James W. Morefield — Yea
Jason S. Ballard — Yea
Jeion A. Ward — Yea
Jenkins, Clinton L. — Yea
Jessica L. Anderson — Yea
Joseph P. McNamara — Nay
Karrie K. Delaney — Yea
Kathy K.L. Tran — Yea
Keam, Mark L. — Yea
Knight, Barry D. — Yea
Kory, Kaye — Yea
LaRock, Dave A. — Nay
Lamont Bagby — Nay
Luke E. Torian — Yea
M. Keith Hodges — Yea
Maldonado, Michelle Lopes — Yea
Marcia S. "Cia" Price — Nay
Marcus B. Simon — Yea
Marshall, Daniel W., III — Yea
McGuire, John J., III — Nay
Michael J. Webert — Nay
Mike A. Cherry — Yea
Mullin, Michael P. — Yea
Mundon King, Candi — Yea
Murphy, Kathleen — Yea
Nadarius E. Clark — Nay
Orrock, Robert D., Sr. — Nay
Patrick A. Hope — Yea
Paul E. Krizek — Yea
Phillip A. Scott — Nay
Plum, Kenneth R. — Yea
R. Lee Ware — Yea
Ransone, Margaret B. — Yea
Richard C. "Rip" Sullivan, Jr. — Yea
Robert S. Bloxom, Jr. — Yea
Robinson, Roxann L. — Yea
Rodney T. Willett — Yea
Sam Rasoul — Yea
Schuyler T. VanValkenburg — Yea
Scott A. Wyatt — Yea
Shelly A. Simonds — Yea
Sickles, Mark D. — Yea
Subramanyam, Suhas — Yea
Tara A. Durant — Nay
Taylor, Kim A. — Nay
Terry G. Kilgore — Yea
Terry L. Austin — Yea
Thomas C. Wright, Jr. — Nay
Tony O. Wilt — Yea
Vivian E. Watts — Yea
Wampler, William C., III — Nay
Wendell S. Walker — Yea
Wren M. Williams — Nay

Official roll call →

Subjects

public-safety labor
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Frequently asked questions

What does HB 764 do?
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 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. The bill contains technical amendments.
Who sponsors HB 764?
HB 764 is sponsored by Paul E. Krizek.
What is the current status of HB 764?
This bill died with 2022 Regular Session. It reached “Passed House of Delegates” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 764?
Track HB 764 free on One Click Politics — get push/email alerts when it moves.

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