Illegal gaming devices; manufacturing, etc., device, civil penalty.
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SB 530 — Illegal gaming devices; manufacturing, etc., device, civil penalty.
Last action — Approved by Governor-Chapter 553 (effective 7/1/22)
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House of Delegates
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 12, 2022. Enacted.
Signed by Governor Glenn Youngkin (Republican) on April 11, 2022.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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2 sponsors
1 primary, 1 co-sponsors signed on.
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Cleared a recorded vote
Passed 9 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
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. This bill incorporates SB 566.
Bill Text
What changed in the latest version
380 added · 366 removedPlain-language change summary
The amendments to Bill SB 530 clarify the penalties related to illegal gaming devices and strengthen the language surrounding false claims related to such devices. Notably, the updated version clearly defines actions that constitute violations, including those involving possession and distribution of illegal gambling devices. This is significant because it aims to deter illegal gaming activities and protect state revenue by imposing stricter penalties for those who knowingly engage in fraud related to illegal gambling operations.
SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2022 SESSION CHAPTER E553 An Act to amend and reenact §§ 8.01-216.3, 8.01-534, 18.2-331.1, 18.2-340.15, 18.2-340.20, N18.2-340.30, 18.2-340.33, 18.2-340.34, and 18.2-340.35 of the Code of Virginia, relating to illegal gaming devices;
civil penalty.fpenalty. Virginia, relating to Rllegal O [S 530] L Approved L Be it enacted by the General Assembly of Virginia:
E[S 1.530] Approved April 11, 2022 Be it enacted by the General Assembly of Virginia:
That1. §§ 8.01-216.3, 8.01-534, 18.2-331.1, 18.2-340.15, 18.2-340.20, 18.2-340.30, 18.2-340.33D 18.§ 8.01-216.3.
That §§ 8.01-216.3, 8.01-534, 18.2-331.1, 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 are amended and reenacted as follows:
§ 8.01-216.3.
civil penalty.irginiapenalty. are amended and reenacted as follows:
Knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval;app2.
2.
B 4.
Has possession, custody, or control of property or money used, or to be used, by the 3Commonwealth Com5.and knowingly delivers, or causes to be delivered, less than all such money or property;
Has5. possession, custody, or control of an illegal gambling device, as defined in § 18.2-3E5, and knowing such device is illegal, and knowingly conceals, avoids, or decreases an obligation to pay or transmit money to the Commonwealth that is derived from the operation of such device;
Has possession, custody, or control of an illegal gambling device, as defined in § 18.2-325, and knowing such device is illegal, and knowingly conceals, avoids, or decreases an obligation to pay or transmit money to the Commonwealth that is derived from the operation of such device;
Is authorized to make or deliver a document certifying receipt of property used, or to be used, by the Commonwealth and, intending to defraud the Commonwealth, makes or delivers the receipt without com7.completely knowing that the information on the receipt is true;
7.
shall be liable to the Commonwealth for a civil penalty of not less than $10,957 and not more than $21,916, except that these lower and upper limits on liability shall automatically be adjusted to equal the penaltiesamounts inallowed under the Federal False Claims ActAct, are31 adjusted for inflation by the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended (28 U.S.C.
§ 3729 et seq., as amended, as such penalties in the Federal False Claims Act are adjusted for inflation by the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended (28 U.S.C.
If the court finds that (i) the person committing the violation of this section furnished officials of the Commonwealth responsible for investigating false claims violations with all information known to the person about the violation within 30 days after the date on which the defendant first obtained the information;
A person violating this section shall also be liable to the Commonwealth for the costs of a civil action brought to recover any such penalty or damC.damages.
C.
(ii) acts in deliberate ignorance of of 7 the truth or falsity of the information;
of 6 D.
The Attorney General, an attorney for the Commonwealth, or the attorney for any locality may cause an action in equity to be brought in the name of the Commonwealth or of the locality, as applicable, to immediately enjoin the operation of a gambling device in violation of this section and to request an attachment against all such devices and any moneys within such devices pursuant to Chapter 20 (§ 8.01-533 et seq.) of Title 8.01, and to recover the civil penalty of up to $25,000 per device.
The Charitable Gaming Board shall have the power to of 7 prescribe regulations and conditions under which such gaming shall be conducted to ensure that it is conducted in a manner consistent with the purpose for which it is permitted.
E B.
Rof 6 § 18.2-340.20.
strictA. compliance with the provisions of this article and the regulations of the Board only after the proposed action by the Department has been reviewed and approved by the Board.
The Department may deny, suspend, or revoke the permit of any organization found not to be in strict compliance with the provisions of this article and the regulations of the Board only after the proposed action by the Department has been reviewed and approved by the Board.
L B.
Except as provided in §§ 8.01-534, 18.2-340.25, 18.2-340.30, and 18.2-340.36, no permit tEto conduct charitable gaming shall be denied, suspended, or revoked, and no charitable games or funds from charitable gaming operations shall be seized, except upon notice stating the proposed basis for such action and the time and place for the hearing.
At the discretion of the Department, hearings may be conducted by hearing officers who shall be selected from the list prepared by the Executive Secretary of or revoke any such permit if it determines that the organizationSupreme hasCourt. not complied with the provisions of this article or the regulations of the Board.
After a hearing on the issues, the Department may refuse to issue or may suspend or revoke any such permit if it determines that the organization has not complied with the provisions of this article or the regulations of the Board.
Any person aggrieved by a refusal of the Department to issue any permit, the suspension or revocation of a permit, or any other action of the Department may seek review of such action inSin accordance with Article 4 (§ 2.2-4025 et seq.) of the Administrative Process Act.
5 § 18.2-340.30.
failur0failure to file.
R A.
Except as provided in § 18.2-340.23, each qualified organization shall file under penalty of perjury and at least annually, on a form prescribed by the Department, a report of all such receipts and disbursements, the amount of money on hand attributable to charitable gaming as of the end of thetsthe period covered by the report and any other information related to its charitable gaming operation that the Department may require.
outsideC. individual or group who shall be responsible for filing an annual, and, if required, quarterly, financial report if the organization goes out of business or otherwise ceases to conduct charitable gaming activities.
Except as provided in § 18.2-340.23, each qualified organization shall designate or compensate an outside individual or group who shall be responsible for filing an annual, and, if required, quarterly, financial report if the organization goes out of business or otherwise ceases to conduct charitable gaming activities.
(ii) the name and address of each individual to whom is awarded any charitable gaming prize or jackpot that meets or exceeds the requirements of Internal Revenue Service Publication including3079, operatingas costswell andas usethe amount of proceedsthe incurredaward; in operating bingo games.ceipts and disbursements, E.
Show all 72 changed lines (32 more)
and (iii) an itemized record of all receipts and disbursements, including operating costs and use of proceeds incurred in operating bingo games.
E.
prohibited:ionIn addition to those other practices prohibited by this article, the following acts or practices are 1.prohibited:
No1. part of the gross receipts derived by a qualified organization may be used for any purpose of 7 other than (i) reasonable and proper gaming expenses, (ii) reasonable and proper business expenses, and (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.
ForNo part of the purposesgross ofreceipts clausederived (iv),by sucha expensesqualified organization may includebe theused expensesfor ofany apurpose corporationother formedthan for(i) thereasonable purposeand ofproper servinggaming asexpenses, the(ii) realreasonable estateand holdingproper entitybusiness ofexpenses, aand qualified(iii) organization,those providedlawful (a)religious, suchcharitable, holdingcommunity, entityor educational purposes for which the organization is qualifiedspecifically aschartered aor taxorganized, exemptand organization(iv) underexpenses §relating 501(c)to the acquisition, construction, maintenance, or repair of theany Internalinterest Revenuein Codethe andreal (b)property involved in the membershipoperation of the qualified organization isand identicalused tofor suchlawful holdingreligious, entity.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 of 6 qualified organization is identical to such holding entity.
of 7 6.
(ii) sell, lease, or otherwise provide foEfor consideration any bingo supplies, including, but not limited to, bingo cards, instant bingo cards, or other game pieces;
R The provisions of this subdivision shall not apply to any qualified organization conducting bingo gam7.games on its own behalf at premises owned by it.
7.
L 8.
Lof 6 a.
No bingo door prize shall exceed $250 for a single door prize or $500 in cumulative door Erizesprizes in any one session;
$1,000,d. nor shall the total amount of bingo jackpot prizes awarded in any one session exceed $1,000.ed 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;
Except as provided in this subdivision 8, no bingo jackpot of any nature whatsoever shall exceed $1,000, nor shall the total amount of bingo jackpot prizes awarded in any one session exceed $1,000.
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 network binSobingo cards shall be accounted for separately from bingo cards and sheets used for any other bingo ga5e.game.
0 Any progressive bingo game, in which (i) a regular or special prize, not to exceed $100, is Rwardedawarded 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.
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.
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 charitablefinancial gamecrimes if, within the preceding 10 years, he has been convicted of any felony or if, within the preceding five yearsyears. 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.
These restrictions and prohibitions shall include, but not be limited to, the orfrequency anywith otherwhich practicebingo prohibitedgames undermay thisbe section.lueheld, the value of merchandise or money awarded as prizes, 14.or any other practice prohibited under this section.
A14. qualified organization shall not purchase any charitable gaming supplies for use in the of 7 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 pursuant to § 18.2-340.34.
Application for renewal of a permit shall be accompanied by a fee in the amount of $1,000 and shall be made on forms prescribed by the of 6 Department.
All documents and other of 7 information of a proprietary nature furnished to the Department in accordance with this subsection shall not be a matter of public record and shall be exempt from disclosure under the provisions of the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).
disclosure under the provisions of thE F.
Each supplier and manufacturer shall provide to the Department the results of background checks and any other records or documents necessary for the Department to enforce the provisions of Rsubsections sub§B 18.2-340.35.and C.
§ 18.2-340.35.
L2. commitment.
PursuantThat to § 30-19.1:4 of the Codeprovisions of Virginia,this theact estimatedmay amountresult ofin thenta ornet Lincrease necessaryin appropriation is $0 for periods of imprisonment inor statecommitment. adult correctional facilitieE and cannot be determined for periods of commitment to the custody of the Department of Juvenile D Justice.
BPursuant Eto R§ 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation is $0 for periods of imprisonment in state adult correctional facilities and cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.
Show all 72 changed rows (32 more)
View plain text versions (4)
- CHAP0553 View text Current pdf April 11, 2022
- SB530ER View text pdf March 07, 2022
- Committee Substitute Committee substitute printed 22105926D-S1 pdf February 02, 2022
- Prefiled Prefiled and ordered printed; offered 01/12/22 22104310D pdf January 12, 2022
Action History
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Approved by Governor-Chapter 553 (effective 7/1/22)
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Governor's Action Deadline 11:59 p.m., April 11, 2022
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Enrolled Bill Communicated to Governor on March 22, 2022
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Signed by Speaker
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Signed by President
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Impact statement from DPB (SB530ER)
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Enrolled
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House amendment agreed to by Senate (39-Y 0-N 1-A)
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VOTE: Passage (93-Y 7-N)
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Passed House with amendment (93-Y 7-N)
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Engrossed by House as amended
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Committee amendment agreed to
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Read third time
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Read second time
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Reported from Appropriations with amendment(s) (22-Y 0-N)
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House committee, floor amendments and substitutes offered
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Referred to Committee on Appropriations
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Reported from General Laws (19-Y 3-N)
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Referred to Committee on General Laws
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Read first time
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Placed on Calendar
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Passed Senate (38-Y 0-N 2-A)
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Constitutional reading dispensed (40-Y 0-N)
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Engrossed by Senate - committee substitute SB530S1
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Committee substitute agreed to 22105926D-S1
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Reading of substitute waived
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Read second time
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Impact statement from DPB (SB530S1)
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Constitutional reading dispensed (40-Y 0-N)
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Reported from Finance and Appropriations (16-Y 0-N)
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Impact statement from VCSC (SB530S1)
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Rereferred to Finance and Appropriations
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Incorporates SB566 (McDougle)
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Committee substitute printed 22105926D-S1
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Reported from General Laws and Technology with substitute (15-Y 0-N)
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Assigned GL&T sub: Gaming
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Impact statement from DPB (SB530)
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Referred to Committee on General Laws and Technology
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Prefiled and ordered printed; offered 01/12/22 22104310D
Sponsors
- Bryce E. Reeves · Primary
- Ryan T. McDougle · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 1 co-sponsors · 146 not signed on · 8 voted No
Sponsors (1)
Co-sponsors (1)
Not signed on (146)
146 members have not signed on to this bill.
Show all 146 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 39 | 0 | 0 | 1 |
| Total | 39 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 3% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 92 | 7 | 0 | 0 |
| Total | 92 | 7 | 0 | 0 |
| % of votes cast | 93% | 7% | 0% | 0% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 22 | 0 | 0 | 0 |
| Total | 22 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Betsy B. Carr | — | Yea |
| Bulova, David L. | — | Yea |
| C.E. Cliff Hayes, Jr. | — | Yea |
| Coyner, Carrie E. | — | Yea |
| David A. Reid | — | Yea |
| Davis, Glenn R. | — | Yea |
| Delores L. McQuinn | — | Yea |
| Emily M. Jordan | — | Yea |
| Fariss, C. Matthew | — | Yea |
| James W. Morefield | — | Yea |
| Knight, Barry D. | — | Yea |
| Luke E. Torian | — | Yea |
| M. Keith Hodges | — | Yea |
| Marshall, Daniel W., III | — | Yea |
| Paul E. Krizek | — | Yea |
| Plum, Kenneth R. | — | Yea |
| Robert S. Bloxom, Jr. | — | Yea |
| Sam Rasoul | — | Yea |
| Scott A. Wyatt | — | Yea |
| Sickles, Mark D. | — | Yea |
| Terry L. Austin | — | Yea |
| Wampler, William C., III | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 19 | 3 | 0 | 0 |
| Total | 19 | 3 | 0 | 0 |
| % of votes cast | 86% | 14% | 0% | 0% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Adams, Dawn M. | — | Yea |
| Betsy B. Carr | — | Yea |
| Bulova, David L. | — | Yea |
| Campbell, Jeffrey L. | — | Yea |
| Chris S. Runion | — | Yea |
| Coyner, Carrie E. | — | Yea |
| Danica A. Roem | — | Yea |
| Emily M. Jordan | — | Yea |
| Fowler, Hyland F."Buddy," Jr. | — | Yea |
| James A. "Jay" Leftwich | — | Yea |
| James W. Morefield | — | Yea |
| Jenkins, Clinton L. | — | Yea |
| Knight, Barry D. | — | Yea |
| Luke E. Torian | — | Nay |
| Marcia S. "Cia" Price | — | Yea |
| Murphy, Kathleen | — | Yea |
| Paul E. Krizek | — | Yea |
| Robinson, Roxann L. | — | Yea |
| Schuyler T. VanValkenburg | — | Yea |
| Thomas C. Wright, Jr. | — | Nay |
| Wampler, William C., III | — | Nay |
| Wendell S. Walker | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 38 | 0 | 0 | 2 |
| Total | 38 | 0 | 0 | 2 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 16 | 0 | 0 | 0 |
| Total | 16 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (16)
| Member | Party | Vote |
|---|---|---|
| McClellan, Jennifer L. | — | Yea |
| Barker, George L. | — | Yea |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Edwards, John S. | — | Yea |
| Hanger, Emmett W., Jr. | — | Yea |
| Howell, Janet D. | — | Yea |
| L. Louise Lucas | — | Yea |
| Mamie E. Locke | — | Yea |
| Newman, Stephen D. | — | Yea |
| Norment, Thomas K., Jr. | — | Yea |
| Petersen, J. Chapman | — | Yea |
| R. Creigh Deeds | — | Yea |
| Ruff, Frank M., Jr. | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Vogel, Jill Holtzman | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 15 | 0 | 0 | 0 |
| Total | 15 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Barker, George L. | — | Yea |
| Bell, John J. | — | Yea |
| Bryce E. Reeves | — | Yea |
| Dunnavant, Siobhan S. | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Hashmi, Ghazala F. | — | Yea |
| Jennifer B. Boysko | — | Yea |
| Jeremy S. McPike | — | Yea |
| Kiggans, Jennifer A. | — | Yea |
| Mamie E. Locke | — | Yea |
| Mason, T. Montgomery "Monty" | — | Yea |
| Richard H. Stuart | — | Yea |
| Ruff, Frank M., Jr. | — | Yea |
| Todd E. Pillion | — | Yea |
| Vogel, Jill Holtzman | — | Yea |
Subjects
Frequently asked questions
- What does SB 530 do?
- 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. This bill incorporates SB 566.
- Who sponsors SB 530?
- SB 530 is sponsored by Bryce E. Reeves and Ryan T. McDougle.
- What is the current status of SB 530?
- This bill has been enacted into law. Introduced January 12, 2022. Enacted.
- Where can I track SB 530?
- Track SB 530 free on One Click Politics — get push/email alerts when it moves.
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