Rep. Luis Arroyo

Filed: 5/16/2014

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2797

2    AMENDMENT NO. ______. Amend Senate Bill 2797 by replacing
3everything of the enacting clause with the following:
 
4    "Section 5. The Video Gaming Act is amended by changing
5Section 5 and by adding Section 59 as follows:
 
6    (230 ILCS 40/5)
7    Sec. 5. Definitions. As used in this Act:
8    "Board" means the Illinois Gaming Board.
9    "Credit" means one, 5, 10, or 25 cents either won or
10purchased by a player.
11    "Distributor" means an individual, partnership,
12corporation, or limited liability company licensed under this
13Act to buy, sell, lease, or distribute video gaming terminals
14or major components or parts of video gaming terminals to or
15from terminal operators.
16    "Electronic card" means a card purchased from a licensed

 

 

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1establishment, licensed fraternal establishment, licensed
2veterans establishment, or licensed truck stop establishment
3for use in that establishment as a substitute for cash in the
4conduct of gaming on a video gaming terminal.
5    "Electronic voucher" means a voucher printed by an
6electronic video game machine that is redeemable in the
7licensed establishment for which it was issued.
8    "Terminal operator" means an individual, partnership,
9corporation, or limited liability company that is licensed
10under this Act and that owns, services, and maintains video
11gaming terminals for placement in licensed establishments,
12licensed truck stop establishments, licensed fraternal
13establishments, or licensed veterans establishments.
14    "Licensed technician" means an individual who is licensed
15under this Act to repair, service, and maintain video gaming
16terminals.
17    "Licensed terminal handler" means a person, including but
18not limited to an employee or independent contractor working
19for a manufacturer, distributor, supplier, technician, or
20terminal operator, who is licensed under this Act to possess or
21control a video gaming terminal or to have access to the inner
22workings of a video gaming terminal. A licensed terminal
23handler does not include an individual, partnership,
24corporation, or limited liability company defined as a
25manufacturer, distributor, supplier, technician, or terminal
26operator under this Act.

 

 

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1    "Manufacturer" means an individual, partnership,
2corporation, or limited liability company that is licensed
3under this Act and that manufactures or assembles video gaming
4terminals.
5    "Supplier" means an individual, partnership, corporation,
6or limited liability company that is licensed under this Act to
7supply major components or parts to video gaming terminals to
8licensed terminal operators.
9    "Net terminal income" means money put into a video gaming
10terminal minus credits paid out to players.
11    "Video gaming terminal" means any electronic video game
12machine that, upon insertion of cash, electronic cards or
13vouchers, or any combination thereof, electronic voucher, or
14any combination thereof, is available to play or simulate the
15play of a video game, including but not limited to video poker,
16line up, and blackjack, as authorized by the Board utilizing a
17video display and microprocessors in which the player may
18receive free games or credits that can be redeemed for cash.
19The term does not include a machine that directly dispenses
20coins, cash, or tokens or is for amusement purposes only.
21    "Licensed establishment" means any licensed retail
22establishment where alcoholic liquor is drawn, poured, mixed,
23or otherwise served for consumption on the premises, whether
24the establishment operates on a nonprofit or for-profit basis.
25"Licensed establishment" includes any such establishment that
26has a contractual relationship with an inter-track wagering

 

 

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1location licensee licensed under the Illinois Horse Racing Act
2of 1975, provided any contractual relationship shall not
3include any transfer or offer of revenue from the operation of
4video gaming under this Act to any licensee licensed under the
5Illinois Horse Racing Act of 1975. Provided, however, that the
6licensed establishment that has such a contractual
7relationship with an inter-track wagering location licensee
8may not, itself, be (i) an inter-track wagering location
9licensee, (ii) the corporate parent or subsidiary of any
10licensee licensed under the Illinois Horse Racing Act of 1975,
11or (iii) the corporate subsidiary of a corporation that is also
12the corporate parent or subsidiary of any licensee licensed
13under the Illinois Horse Racing Act of 1975. "Licensed
14establishment" does not include a facility operated by an
15organization licensee, an inter-track wagering licensee, or an
16inter-track wagering location licensee licensed under the
17Illinois Horse Racing Act of 1975 or a riverboat licensed under
18the Riverboat Gambling Act, except as provided in this
19paragraph. The changes made to this definition by Public Act
2098-587 this amendatory Act of the 98th General Assembly are
21declarative of existing law.
22    "Licensed fraternal establishment" means the location
23where a qualified fraternal organization that derives its
24charter from a national fraternal organization regularly
25meets.
26    "Licensed veterans establishment" means the location where

 

 

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1a qualified veterans organization that derives its charter from
2a national veterans organization regularly meets.
3    "Licensed truck stop establishment" means a facility (i)
4that is at least a 3-acre facility with a convenience store,
5(ii) with separate diesel islands for fueling commercial motor
6vehicles, (iii) that sells at retail more than 10,000 gallons
7of diesel or biodiesel fuel per month, and (iv) with parking
8spaces for commercial motor vehicles. "Commercial motor
9vehicles" has the same meaning as defined in Section 18b-101 of
10the Illinois Vehicle Code. The requirement of item (iii) of
11this paragraph may be met by showing that estimated future
12sales or past sales average at least 10,000 gallons per month.
13    "Video Gaming Board Exclusion List" or "Exclusion List"
14means a publicly available list of persons compiled and
15maintained by the Board pursuant to Section 59 of this Act and
16procedures established by Board rule.
17(Source: P.A. 97-333, eff. 8-12-11; 98-31, eff. 6-24-13;
1898-582, eff. 8-27-13; 98-587, eff. 8-27-13; revised 9-19-13.)
 
19    (230 ILCS 40/59 new)
20    Sec. 59. Video Gaming Board Exclusion List.
21    (a) The Board shall have authority to establish a Video
22Gaming Board Exclusion List. Persons on the Exclusion List
23shall be prohibited from licensure under this Act and from
24engaging in any activities, agreements, or transactions
25authorized by this Act, the rules adopted under this Act, or a

 

 

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1final order of the Board that are directly related to the
2conduct and operation of video gaming and not otherwise
3excluded. Activities, agreements, and transactions not
4affected by this Section include, but are not limited to,
5agreements to provide or to purchase nongaming-related goods or
6services, such as food, beverages, coin-operated amusement
7devices (if the possession is not prohibited by subsection (a)
8of Section 35 of this Act), vending machines, or ATMs;
9employment that is not directly involved in the gaming
10activity, such as serving food or beverages to customers,
11cleaning, maintenance, beer line cleaning, plumbing,
12electrical, snow removal, construction, and the like (provided
13the employee is not an officer, director, limited liability
14company member, or the like of the licensed establishment,
15licensed fraternal establishment, licensed veterans
16establishment, or licensed truck stop establishment);
17provision of legal, accounting, or insurance services, if not
18based on a percentage of video gaming revenue; and rental or
19leasing agreements concerning the licensed premises if rents
20are not computed by any formula involving as a variable a
21percentage of video gaming revenue. Nothing in this Section
22shall be deemed to invalidate agreements entered into prior to
23the effective date of this amendatory Act of the 98th General
24Assembly.
25    (b) The Board may place a person on the Video Gaming Board
26Exclusion List for reasons that include, but are not limited

 

 

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1to, the following reasons:
2        (i) the person has been found to be in violation of
3    this Act or any rules adopted under this Act by a final
4    administrative decision of the Board for which review is
5    barred under the Administrative Review Law or a final
6    decision, order, or judgment of a court; or
7        (ii) the person's conduct or reputation is such that
8    his or her licensure under this Act or engagement in
9    activities, agreements, or transactions authorized by this
10    Act, and not otherwise exempt from the provisions of this
11    Section would call into question the honesty and integrity
12    of video gaming operations or interfere with the orderly
13    conduct of such operations, except that placement on the
14    Exclusion List pursuant to this paragraph (ii) shall not
15    occur until notice is provided to the person pursuant to
16    subsection (c) of this Section and until any requested
17    hearing conducted pursuant to subsection (c) is concluded,
18    with a finding that the person qualifies for placement on
19    the Exclusion List.
20    (c) The proposed placement of a person on the Video Gaming
21Board Exclusion List shall be subject to notice as provided
22under the Board's riverboat gambling rules (86 Ill. Adm. Code
233000.730) and a subsequent hearing by the Board pursuant to the
24Board's video gaming rules (11 Ill. Adm. Code 1800.720).
 
25    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.".