SB0494 102ND GENERAL ASSEMBLY

LRB102 16125 SMS 21501 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0494

Introduced 2/23/2021, by Sen. Dave Syverson

SYNOPSIS AS INTRODUCED:

230 ILCS 40/65
230 ILCS 40/90 new

Amends the Video Gaming Act. Provides that a home rule municipality may not impose a fee for the operation of a video gaming terminal in excess of $250 per year; however, a home rule municipality that imposed a fee on the operation of a video gaming terminal on or before January 1, 2021 may retain its fee structure in place before January 1, 2021 but may not increase fees beyond the limit provided. Provides that the cost of any fee for the operation of a video gaming terminal shall be shared equally between the terminal operator and the applicable establishment authorized to conduct video gaming under the Act. Provides that the licensure, registration, regulation of video gaming, and the imposition of fees and other charges under the Act in connection with licensure, registration, and regulation, are exclusive powers and functions of the State. Provides that no home rule municipality or non-home rule unit may license, register, or otherwise regulate, or impose any type of fee or any other charge upon, a manufacturer, distributor, terminal operator, licensed technician, licensed terminal handler, licensed establishment, licensed veterans establishment, licensed truck stop establishment, licensed large truck stop establishment, or licensed fraternal establishment. Prohibits a home rule municipality or non-home rule unit from imposing any type of tax upon licensees, occupations, and other activities authorized under the Act.

FISCAL NOTE ACT MAY APPLY

HOME RULE NOTE ACT MAY APPLY

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 Section 65 and by adding Section 90 as follows:

(230 ILCS 40/65)

Sec. 65. Fees. Except as provided in this Section, a non-home rule unit of government may not impose any fee for the operation of a video gaming terminal in excess of $25 per year. The City of Rockford may not impose any fee for the operation of a video gaming terminal in excess of $250 per year. Except as otherwise provided in this Section, a home rule municipality may not impose a fee for the operation of a video gaming terminal in excess of $250 per year; however, a home rule municipality that imposed a fee on the operation of a video gaming terminal on or before January 1, 2021 may retain its fee structure in place before January 1, 2021 but may not increase fees beyond the limit provided in this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

The cost of any fee imposed under to this Section 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.

(Source: P.A. 101-337, eff. 1-1-20.)

(230 ILCS 40/90 new)

Sec. 90. Exclusive regulation by State.

(a) The licensure, registration, and regulation of manufacturers, distributors, terminal operators, licensed technicians, licensed terminal handlers, licensed establishments, licensed veterans establishments, licensed truck stop establishments, licensed large truck stop establishments, and licensed fraternal establishments under this Act, and the imposition of fees and other charges under this Act in connection with such licensure, registration, and regulation, are exclusive powers and functions of the State. No home rule municipality or non-home rule unit may license, register, or otherwise regulate, or impose any type of fee or any other charge upon, a manufacturer, distributor, terminal operator, licensed technician, licensed terminal handler, licensed establishment, licensed veterans establishment, licensed truck stop establishment, licensed large truck stop establishment, or licensed fraternal establishment. This subsection (a) is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.

(b) The licensure, registration, and regulation of video gaming terminals under this Act are exclusive powers and functions of the State. No home rule municipality or non-home rule unit may license, register, or otherwise regulate video gaming terminals. This subsection (b) is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.

(c) No home rule municipality or non-home rule unit may impose any type of tax upon a: (i) manufacturer, distributor, terminal operator, licensed technician, licensed terminal handler, licensed establishment, licensed veterans establishment, licensed truck stop establishment, licensed large truck stop establishment, or licensed fraternal establishment or their respective authorized activities under this Act; (ii) video gaming terminal; (iii) user or player of any video gaming terminals; or (iv) other use, play, or operation of video gaming terminals authorized under this Act by any person or entity. 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.