Full Text of HB4182 96th General Assembly
HB4182sam002 96TH GENERAL ASSEMBLY
|
Sen. Terry Link
Filed: 5/6/2010
|
|
09600HB4182sam002 |
|
LRB096 09159 AMC 41363 a |
|
| 1 |
| AMENDMENT TO HOUSE BILL 4182
| 2 |
| AMENDMENT NO. ______. Amend House Bill 4182, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
| 5 |
| "Section 5. The Video Gaming
Act is amended by changing | 6 |
| Sections 5 and 25 as follows: | 7 |
| (230 ILCS 40/5)
| 8 |
| Sec. 5. Definitions. As used in this Act:
| 9 |
| "Board" means the Illinois Gaming Board.
| 10 |
| "Credit" means 5, 10, or 25 cents either won or purchased | 11 |
| by a player.
| 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.
| 16 |
| "Terminal operator" means an individual, partnership or |
|
|
|
09600HB4182sam002 |
- 2 - |
LRB096 09159 AMC 41363 a |
|
| 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.
| 5 |
| "Licensed technician" means an individual
who
is licensed | 6 |
| under this Act to repair,
service, and maintain
video gaming | 7 |
| terminals.
| 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.
| 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
| 23 |
| terminal operators.
| 24 |
| "Net terminal income" means money put into a video gaming | 25 |
| terminal minus
credits paid out to players.
| 26 |
| "Video gaming terminal" means any electronic video game |
|
|
|
09600HB4182sam002 |
- 3 - |
LRB096 09159 AMC 41363 a |
|
| 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
| 7 |
| dispenses coins, cash, or tokens or is for amusement purposes | 8 |
| only.
| 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.
| 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.
|
|
|
|
09600HB4182sam002 |
- 4 - |
LRB096 09159 AMC 41363 a |
|
| 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.
| 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.
| 9 |
| (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09.)
| 10 |
| (230 ILCS 40/25)
| 11 |
| Sec. 25. Restriction of licensees.
| 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.
| 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
| 22 |
| Illinois to persons having a valid distributor's or terminal | 23 |
| operator's
license.
| 24 |
| (c) Terminal operator. A person may not own, maintain, or | 25 |
| place a video gaming terminal unless he has a valid terminal |
|
|
|
09600HB4182sam002 |
- 5 - |
LRB096 09159 AMC 41363 a |
|
| 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
| 11 |
| from a video gaming terminal, 50% shall be paid to the terminal
| 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.
| 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
| 25 |
| under this Act, (2) is a terminal operator, or (3) is employed | 26 |
| by a terminal
operator, distributor, or manufacturer.
|
|
|
|
09600HB4182sam002 |
- 6 - |
LRB096 09159 AMC 41363 a |
|
| 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
| 15 |
| fraternal establishment has entered into a
written use | 16 |
| agreement with the terminal operator for placement of the
| 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.
| 24 |
| (f) (Blank).
| 25 |
| (g) Financial interest restrictions.
As used in this Act, | 26 |
| "substantial interest" in a partnership, a corporation, an
|
|
|
|
09600HB4182sam002 |
- 7 - |
LRB096 09159 AMC 41363 a |
|
| 1 |
| organization, an association, or a business means:
| 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
| 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
| 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
| 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
| 20 |
| owner of or otherwise controls 10% or more of the | 21 |
| assets of the organization;
or
| 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.
| 26 |
| (h) Location restriction. A licensed establishment, |
|
|
|
09600HB4182sam002 |
- 8 - |
LRB096 09159 AMC 41363 a |
|
| 1 |
| licensed truck stop establishment, licensed
fraternal
| 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.
| 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.
| 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.)
| 16 |
| Section 99. Effective date. This Act takes effect upon | 17 |
| becoming law.".
|
|