Sen. Terry Link
Filed: 5/6/2010
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1 | AMENDMENT TO HOUSE BILL 4182
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2 | AMENDMENT NO. ______. Amend House Bill 4182, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Video Gaming
Act is amended by changing | ||||||
6 | Sections 5 and 25 as follows: | ||||||
7 | (230 ILCS 40/5)
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8 | Sec. 5. Definitions. As used in this Act:
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9 | "Board" means the Illinois Gaming Board.
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10 | "Credit" means 5, 10, or 25 cents either won or purchased | ||||||
11 | by a player.
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12 | "Distributor" means an individual, partnership, or | ||||||
13 | corporation licensed under
this Act to buy, sell, lease, or | ||||||
14 | distribute video gaming terminals or major
components or parts | ||||||
15 | of video gaming terminals to or from terminal
operators.
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16 | "Terminal operator" means an individual, partnership or |
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1 | corporation that is
licensed under this Act and that owns, | ||||||
2 | services, and maintains video
gaming terminals for placement in | ||||||
3 | licensed establishments, licensed fraternal
establishments, or | ||||||
4 | licensed veterans establishments.
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5 | "Licensed technician" means an individual
who
is licensed | ||||||
6 | under this Act to repair,
service, and maintain
video gaming | ||||||
7 | terminals.
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8 | "Licensed terminal handler" means a person, including but | ||||||
9 | not limited to an employee or independent contractor working | ||||||
10 | for a manufacturer, distributor, supplier, technician, or | ||||||
11 | terminal operator, who is licensed under this Act to possess or | ||||||
12 | control a video gaming terminal or to have access to the inner | ||||||
13 | workings of a video gaming terminal. A licensed terminal | ||||||
14 | handler does not include an individual, partnership, or | ||||||
15 | corporation defined as a manufacturer, distributor, supplier, | ||||||
16 | technician, or terminal operator under this Act. | ||||||
17 | "Manufacturer" means an individual, partnership, or | ||||||
18 | corporation that is
licensed under this Act and that | ||||||
19 | manufactures or assembles video gaming
terminals.
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20 | "Supplier" means an individual, partnership, or | ||||||
21 | corporation that is
licensed under this Act to supply major | ||||||
22 | components or parts to video gaming
terminals to licensed
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23 | terminal operators.
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24 | "Net terminal income" means money put into a video gaming | ||||||
25 | terminal minus
credits paid out to players.
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26 | "Video gaming terminal" means any electronic video game |
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1 | machine
that, upon insertion of cash, is available to play or | ||||||
2 | simulate the play of
a video game, including but not limited to | ||||||
3 | video poker, line up, and blackjack, as
authorized by the Board | ||||||
4 | utilizing a video display and microprocessors in
which the | ||||||
5 | player may receive free games or credits that can be
redeemed | ||||||
6 | for cash. The term does not include a machine that directly
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7 | dispenses coins, cash, or tokens or is for amusement purposes | ||||||
8 | only.
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9 | "Licensed establishment" means any licensed retail | ||||||
10 | establishment where
alcoholic liquor is drawn, poured, mixed, | ||||||
11 | or otherwise served for consumption
on the premises and | ||||||
12 | includes any such establishment that has a contractual | ||||||
13 | relationship with an organization licensee licensed under the | ||||||
14 | Illinois Horse Racing Act of 1975 to conduct pari-mutuel | ||||||
15 | wagering, except for a contractual relationship that includes | ||||||
16 | any financial benefit of revenue from operation of video gaming | ||||||
17 | under this Act to the organization licensee . "Licensed | ||||||
18 | establishment" does not include a facility solely operated by | ||||||
19 | an organization licensee, an intertrack wagering licensee, or | ||||||
20 | an intertrack wagering location licensee licensed under the | ||||||
21 | Illinois Horse Racing Act of 1975 or a riverboat licensed under | ||||||
22 | the Riverboat Gambling Act.
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23 | "Licensed fraternal establishment" means the location | ||||||
24 | where a qualified
fraternal organization that derives its | ||||||
25 | charter from a national fraternal
organization regularly | ||||||
26 | meets.
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1 | "Licensed veterans establishment" means the location where | ||||||
2 | a qualified
veterans organization that derives its charter from | ||||||
3 | a national veterans
organization regularly meets.
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4 | "Licensed truck stop establishment" means a facility that | ||||||
5 | is at least a
3-acre facility with a convenience store and with | ||||||
6 | separate diesel
islands for fueling commercial motor vehicles | ||||||
7 | and parking spaces for commercial
motor vehicles as defined in | ||||||
8 | Section 18b-101 of the Illinois Vehicle Code.
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9 | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09.)
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10 | (230 ILCS 40/25)
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11 | Sec. 25. Restriction of licensees.
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12 | (a) Manufacturer. A person may not be licensed as a | ||||||
13 | manufacturer of a
video gaming terminal in Illinois unless the | ||||||
14 | person has a valid
manufacturer's license issued
under this | ||||||
15 | Act. A manufacturer may only sell video gaming terminals for | ||||||
16 | use
in Illinois to
persons having a valid distributor's | ||||||
17 | license.
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18 | (b) Distributor. A person may not sell, distribute, or | ||||||
19 | lease
or market a video gaming terminal in Illinois unless the | ||||||
20 | person has a valid
distributor's
license issued under this Act. | ||||||
21 | A distributor may only sell video gaming
terminals for use in
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22 | Illinois to persons having a valid distributor's or terminal | ||||||
23 | operator's
license.
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24 | (c) Terminal operator. A person may not own, maintain, or | ||||||
25 | place a video gaming terminal unless he has a valid terminal |
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1 | operator's
license issued
under this Act. A terminal operator | ||||||
2 | may only place video gaming terminals for
use in
Illinois in | ||||||
3 | licensed establishments, licensed truck stop establishments, | ||||||
4 | licensed fraternal establishments,
and
licensed veterans | ||||||
5 | establishments.
No terminal operator may give anything of | ||||||
6 | value, including but not limited to
a loan or financing | ||||||
7 | arrangement, to a licensed establishment, licensed truck stop | ||||||
8 | establishment,
licensed fraternal establishment, or licensed | ||||||
9 | veterans establishment as
any incentive or inducement to locate | ||||||
10 | video terminals in that establishment.
Of the after-tax profits
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11 | from a video gaming terminal, 50% shall be paid to the terminal
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12 | operator and 50% shall be paid to the licensed establishment, | ||||||
13 | licensed truck stop establishment,
licensed fraternal | ||||||
14 | establishment, or
licensed veterans establishment, | ||||||
15 | notwithstanding nothwithstanding any agreement to the | ||||||
16 | contrary.
No terminal
operator may own or have a substantial | ||||||
17 | interest in more than 5% of the video
gaming terminals licensed | ||||||
18 | in this State. A video terminal operator that violates one or | ||||||
19 | more requirements of this subsection is guilty of a Class 4 | ||||||
20 | felony and is subject to termination of his or her license by | ||||||
21 | the Board.
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22 | (d) Licensed technician. A person may not service, | ||||||
23 | maintain, or repair a
video gaming terminal
in this State | ||||||
24 | unless he or she (1) has a valid technician's license issued
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25 | under this Act, (2) is a terminal operator, or (3) is employed | ||||||
26 | by a terminal
operator, distributor, or manufacturer.
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1 | (d-5) Licensed terminal handler. No person, including, but | ||||||
2 | not limited to, an employee or independent contractor working | ||||||
3 | for a manufacturer, distributor, supplier, technician, or | ||||||
4 | terminal operator licensed pursuant to this Act, shall have | ||||||
5 | possession or control of a video gaming terminal, or access to | ||||||
6 | the inner workings of a video gaming terminal, unless that | ||||||
7 | person possesses a valid terminal handler's license issued | ||||||
8 | under this Act. | ||||||
9 | (e) Licensed establishment. No video gaming terminal may be | ||||||
10 | placed in any licensed establishment, licensed veterans | ||||||
11 | establishment, licensed truck stop establishment,
or licensed | ||||||
12 | fraternal establishment
unless the owner
or agent of the owner | ||||||
13 | of the licensed establishment, licensed veterans | ||||||
14 | establishment, licensed truck stop establishment, or licensed
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15 | fraternal establishment has entered into a
written use | ||||||
16 | agreement with the terminal operator for placement of the
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17 | terminals. A copy of the use agreement shall be on file in the | ||||||
18 | terminal
operator's place of business and available for | ||||||
19 | inspection by individuals
authorized by the Board. A licensed | ||||||
20 | establishment, licensed truck stop establishment, licensed | ||||||
21 | veterans establishment,
or
licensed
fraternal
establishment | ||||||
22 | may operate up to 5 video gaming terminals on its premises at | ||||||
23 | any
time.
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24 | (f) (Blank).
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25 | (g) Financial interest restrictions.
As used in this Act, | ||||||
26 | "substantial interest" in a partnership, a corporation, an
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1 | organization, an association, or a business means:
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2 | (A) When, with respect to a sole proprietorship, an | ||||||
3 | individual or
his or her spouse owns, operates, | ||||||
4 | manages, or conducts, directly
or indirectly, the | ||||||
5 | organization, association, or business, or any part | ||||||
6 | thereof;
or
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7 | (B) When, with respect to a partnership, the | ||||||
8 | individual or his or
her spouse shares in any of the | ||||||
9 | profits, or potential profits,
of the partnership | ||||||
10 | activities; or
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11 | (C) When, with respect to a corporation, an | ||||||
12 | individual or his or her
spouse is an officer or | ||||||
13 | director, or the individual or his or her spouse is a | ||||||
14 | holder, directly or beneficially, of 5% or more of any | ||||||
15 | class
of stock of the corporation; or
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16 | (D) When, with respect to an organization not | ||||||
17 | covered in (A), (B) or
(C) above, an individual or his | ||||||
18 | or her spouse is an officer or manages the
business | ||||||
19 | affairs, or the individual or his or her spouse is the
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20 | owner of or otherwise controls 10% or more of the | ||||||
21 | assets of the organization;
or
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22 | (E) When an individual or his or her spouse | ||||||
23 | furnishes
5% or more of the capital, whether in cash, | ||||||
24 | goods, or services, for the
operation of any business, | ||||||
25 | association, or organization during any calendar
year.
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26 | (h) Location restriction. A licensed establishment, |
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1 | licensed truck stop establishment, licensed
fraternal
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2 | establishment, or licensed veterans establishment that is (i) | ||||||
3 | located within 1,000
feet of a facility operated by an | ||||||
4 | organizational licensee or , an intertrack wagering licensee , | ||||||
5 | an intertrack wagering location licensee licensed under the | ||||||
6 | Illinois Horse Racing Act of 1975 , or the home dock of a | ||||||
7 | riverboat licensed under the Riverboat
Gambling Act or (ii) | ||||||
8 | located within with a 100 feet of a school or a place of | ||||||
9 | worship under the Religious Corporation Act, is ineligible to | ||||||
10 | operate a video gaming terminal.
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11 | (i) The provisions of the Illinois Antitrust Act are fully | ||||||
12 | and equally applicable to the activities of any licensee under | ||||||
13 | this Act.
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14 | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38, | ||||||
15 | eff. 7-13-09; revised 8-17-09.)
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16 | Section 99. Effective date. This Act takes effect upon | ||||||
17 | becoming law.".
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