Bill Text: DE HB440 | 2015-2016 | 148th General Assembly | Draft


Bill Title: An Act To Amend Title 29 Of The Delaware Code Relating To Charitable Gaming.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Introduced - Dead) 2016-06-28 - Amendment HA 1 - Introduced and Placed With Bill [HB440 Detail]

Download: Delaware-2015-HB440-Draft.html


SPONSOR:

Rep. Viola & Sen. Sokola

 

Reps. Potter, Ramone; Sen. Blevins

HOUSE OF REPRESENTATIVES

148th GENERAL ASSEMBLY

HOUSE BILL NO. 440

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO CHARITABLE GAMING.


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:


Section 1.Amend Section 4819A, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and redesignate accordingly:

§ 4819A. Charitable video lottery machines use and restrictions.

(c) Proceeds returned to the State. Amounts remaining after all payments to players under subsection (b) of this section, there shall be returned to the State 40%35%. If the Director determines that a charitable video lottery machine at an authorized charitable gaming organization is connected to the lottery's central computer system, then there shall be 35% returned to the State. From the amount returned to the State, the vendor who supplies the charitable video lottery machines shall be paid. In addition, 1% of the proceeds returned to the State from this section shall be sent to the Division of Substance Abuse and Mental Health of the Department of Health and Social Services for funding programs for the treatment, education and assistance of compulsive gamblers and their families.

(j) Effective January 1, 2014, charitable gaming organizations will be required to donate at least 40% of the organization's proceeds from charitable video lottery machine gaming annually to a charitable purpose, including donations to an organization's national programs; DE-based 501(c) [26 U.S.C. §501(c)] charities, local individuals in need, payment in the form of scholarships, sponsorships of local organizations and the use of supplies, equipment and facilities that benefit the communities within the State. For purposes of meeting the 40% threshold, charitable gaming organizations are prohibited of making donations to another qualified charitable gaming organization that has been approved by the Lottery Director and is operating. A report on this activity shall be submitted to State Lottery Office by March 31 of each year on a form promulgated by the Lottery Director. If a charitable organization does not meet the 40% threshold, then it may apply for a waiver from the Secretary of Finance citing the reasons for not obtaining the required level of donations. A decision will be made by the Secretary of Finance whether or not to grant the waiver for a particular year.

(k) Notwithstanding subsections (a), (e), and (g) of this section, charitable gaming organizations may operate charitable video lottery machines pursuant to this section only if the video lottery machines are connected to the lottery's central computer system.The Director shall not approve charitable video lottery machines for operation pursuant to this section unless such charitable video lottery machines are to be connected to the lottery's central computer system and otherwise comply with the provisions of this section.

Section 2.This Act shall take effect on March 31, 2017.


SYNOPSIS

This Act requires that organizations wishing to operate charitable video lottery machines connect those machines to the central lottery computer system beginning March 31, 2017. The bill also eliminates the requirement that charitable gaming organizations donate at least 40% of the organization's proceeds to a charitable purpose and the requirement to submit a report to the Lottery Director documenting that use.

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