HB2990 104TH GENERAL ASSEMBLY

LRB104 09505 LNS 19568 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB2990

Introduced 2/6/2025, by Rep. Michael J. Kelly

SYNOPSIS AS INTRODUCED:

230 ILCS 40/27
230 ILCS 40/65

Amends the Video Gaming Act. Prohibits a home rule unit of local government with a population of over 1,000,000 from enforcing any local ordinance passed prior to the effective date of the amendatory Act prohibiting the operation of video gaming terminals within the corporate limits of the municipality. Prohibits a home rule unit of government with a population of over 1,000,000 from imposing any fee for the operation of a video gaming terminal in excess of $250 per year.

A BILL FOR

AN ACT concerning gaming.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Video Gaming Act is amended by changing Sections 27 and 65 as follows:

(230 ILCS 40/27)

Sec. 27. Prohibition of video gaming by political subdivision.

(a) A municipality may pass an ordinance prohibiting video gaming within the corporate limits of the municipality. A county board may, for the unincorporated area of the county, pass an ordinance prohibiting video gaming within the unincorporated area of the county.

(b) On and after July 1, 2022, a qualified fraternal organization that derives its charter from a national fraternal organization and a qualified veterans organization that derives its charter from a national veterans organization shall be eligible to apply to the Board for a license allowing video gaming as a licensed fraternal establishment or a licensed veterans establishment if the proposed fraternal establishment or veterans establishment is located in:

(1) a municipality having a population of not more than 1,000,000 that has enacted an ordinance prohibiting video gaming within the corporate limits; or

(2) a county having a population of not more than 1,000,000 that has enacted an ordinance prohibiting video gaming within the unincorporated area of the county.

If the license is granted by the Board, then the licensed fraternal establishment or licensed veterans establishment may operate video gaming terminals pursuant to this Act.

(c) No home rule unit of local government with a population of over 1,000,000, based on the 2000 U.S. Census, may enforce any local ordinance passed prior to the effective date of this amendatory Act of the 104th General Assembly prohibiting the operation of video gaming terminals within the corporate limits of the municipality. This subsection (c) is a denial and limitation of home rule powers and functions under subsection (g) of Section 6 of Article VII of the Illinois Constitution.

(Source: P.A. 102-689, eff. 12-17-21.)

(230 ILCS 40/65)

Sec. 65. Fees.

(a) A non-home rule unit of government may not impose any fee for the operation of a video gaming terminal in excess of $250 per year.

(b) A home rule unit of government with a population of over 1,000,000, based on the 2000 U.S. Census, may not impose any fee for the operation of a video gaming terminal in excess of $250 per year. This subsection (b) is a denial and limitation of home rule powers and functions under subsection (g) of Section 6 of Article VII of the Illinois Constitution.

(c) The cost of any fee imposed under subsections (a) and (b) of this Act by any home rule unit of government or non-home rule unit of government shall be shared equally between the terminal operator and the applicable licensed establishment, licensed veterans establishment, licensed truck stop establishment, licensed large truck stop establishment, or licensed fraternal establishment under this Act. This subsection (c) is a denial and limitation of home rule powers and functions under subsection (g) of Section 6 of Article VII of the Illinois Constitution.

(Source: P.A. 101-337, eff. 1-1-20; 102-689, eff. 12-17-21.)