Full Text of SB2371 98th General Assembly
SB2371ham003 98TH GENERAL ASSEMBLY | Rep. Chad Hays Filed: 5/24/2013
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| 1 | | AMENDMENT TO SENATE BILL 2371
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2371, AS AMENDED, | 3 | | by 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 45 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 one, 5, 10, or 25 cents either won or | 11 | | purchased by a player.
| 12 | | "Distributor" means an individual, partnership, | 13 | | corporation, or limited liability company licensed under
this | 14 | | Act to buy, sell, lease, or distribute video gaming terminals | 15 | | or major
components or parts of video gaming terminals to or | 16 | | from terminal
operators.
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| 1 | | "Terminal operator" means an individual, partnership, | 2 | | corporation, or limited liability company that is
licensed | 3 | | under this Act and that owns, services, and maintains video
| 4 | | gaming terminals for placement in licensed establishments, | 5 | | licensed truck stop establishments, licensed fraternal
| 6 | | establishments, or licensed veterans establishments.
| 7 | | "Licensed technician" means an individual
who
is licensed | 8 | | under this Act to repair,
service, and maintain
video gaming | 9 | | terminals.
| 10 | | "Licensed terminal handler" means a person, including but | 11 | | not limited to an employee or independent contractor working | 12 | | for a manufacturer, distributor, supplier, technician, or | 13 | | terminal operator, who is licensed under this Act to possess or | 14 | | control a video gaming terminal or to have access to the inner | 15 | | workings of a video gaming terminal. A licensed terminal | 16 | | handler does not include an individual, partnership, | 17 | | corporation, or limited liability company defined as a | 18 | | manufacturer, distributor, supplier, technician, or terminal | 19 | | operator under this Act. | 20 | | "Manufacturer" means an individual, partnership, | 21 | | corporation, or limited liability company that is
licensed | 22 | | under this Act and that manufactures or assembles video gaming
| 23 | | terminals.
| 24 | | "Supplier" means an individual, partnership, corporation, | 25 | | or limited liability company that is
licensed under this Act to | 26 | | supply major components or parts to video gaming
terminals to |
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| 1 | | licensed
terminal operators.
| 2 | | "Net terminal income" means money put into a video gaming | 3 | | terminal minus
credits paid out to players.
| 4 | | "Video gaming terminal" means any electronic video game | 5 | | machine
that, upon insertion of cash, is available to play or | 6 | | simulate the play of
a video game, including but not limited to | 7 | | video poker, line up, and blackjack, as
authorized by the Board | 8 | | utilizing a video display and microprocessors in
which the | 9 | | player may receive free games or credits that can be
redeemed | 10 | | for cash. The term does not include a machine that directly
| 11 | | dispenses coins, cash, or tokens or is for amusement purposes | 12 | | only.
| 13 | | "Licensed establishment" means any licensed retail | 14 | | establishment where
alcoholic liquor is drawn, poured, mixed, | 15 | | or otherwise served for consumption
on the premises , whether | 16 | | the establishment operates on a nonprofit or for-profit basis. | 17 | | "Licensed establishment" and includes any such establishment | 18 | | that has a contractual relationship with an inter-track | 19 | | wagering location licensee licensed under the Illinois Horse | 20 | | Racing Act of 1975, provided any contractual relationship shall | 21 | | not include any transfer or offer of revenue from the operation | 22 | | of video gaming under this Act to any licensee licensed under | 23 | | the Illinois Horse Racing Act of 1975. Provided, however, that | 24 | | the licensed establishment that has such a contractual | 25 | | relationship with an inter-track wagering location licensee | 26 | | may not, itself, be (i) an inter-track wagering location |
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| 1 | | licensee, (ii) the corporate parent or subsidiary of any | 2 | | licensee licensed under the Illinois Horse Racing Act of 1975, | 3 | | or (iii) the corporate subsidiary of a corporation that is also | 4 | | the corporate parent or subsidiary of any licensee licensed | 5 | | under the Illinois Horse Racing Act of 1975. "Licensed | 6 | | establishment" does not include a facility operated by an | 7 | | organization licensee, an inter-track wagering licensee, or an | 8 | | inter-track wagering location licensee licensed under the | 9 | | Illinois Horse Racing Act of 1975 or a riverboat licensed under | 10 | | the Riverboat Gambling Act, except as provided in this | 11 | | paragraph. The changes made to this definition by this | 12 | | amendatory Act of the 98th General Assembly are declarative of | 13 | | existing law.
| 14 | | "Licensed fraternal establishment" means the location | 15 | | where a qualified
fraternal organization that derives its | 16 | | charter from a national fraternal
organization regularly | 17 | | meets.
| 18 | | "Licensed veterans establishment" means the location where | 19 | | a qualified
veterans organization that derives its charter from | 20 | | a national veterans
organization regularly meets.
| 21 | | "Licensed truck stop establishment" means a facility (i) | 22 | | that is at least a
3-acre facility with a convenience store, | 23 | | (ii) with separate diesel
islands for fueling commercial motor | 24 | | vehicles, (iii) that sells at retail more than 10,000 gallons | 25 | | of diesel or biodiesel fuel per month, and (iv) with parking | 26 | | spaces for commercial
motor vehicles. "Commercial motor |
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| 1 | | vehicles" has the same meaning as defined in Section 18b-101 of | 2 | | the Illinois Vehicle Code. The requirement of item (iii) of | 3 | | this paragraph may be met by showing that estimated future | 4 | | sales or past sales average at least 10,000 gallons per month.
| 5 | | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; | 6 | | 96-1410, eff. 7-30-10; 96-1479, eff. 8-23-10; 97-333, eff. | 7 | | 8-12-11.)
| 8 | | (230 ILCS 40/45)
| 9 | | Sec. 45. Issuance of license.
| 10 | | (a) The burden is upon each applicant to
demonstrate his | 11 | | suitability for licensure. Each video gaming terminal
| 12 | | manufacturer, distributor, supplier, operator, handler, | 13 | | licensed establishment, licensed truck stop establishment, | 14 | | licensed
fraternal
establishment, and licensed veterans | 15 | | establishment shall be
licensed by the Board.
The Board may | 16 | | issue or deny a license under this Act to any person pursuant | 17 | | to the same criteria set forth in Section 9 of the Riverboat | 18 | | Gambling Act.
| 19 | | (a-5) The Board shall not grant a license to a person who | 20 | | has facilitated, enabled, or participated in the use of | 21 | | coin-operated devices for gambling purposes or who is under the | 22 | | significant influence or control of such a person. For the | 23 | | purposes of this Act, "facilitated, enabled, or participated in | 24 | | the use of coin-operated amusement devices for gambling | 25 | | purposes" means that the person has been convicted of any |
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| 1 | | violation of Article 28 of the Criminal Code of 1961 or the | 2 | | Criminal Code of 2012. If there is pending legal action against | 3 | | a person for any such violation, then the Board shall delay the | 4 | | licensure of that person until the legal action is resolved. | 5 | | (b) Each person seeking and possessing a license as a video | 6 | | gaming terminal manufacturer, distributor, supplier, operator, | 7 | | handler, licensed establishment, licensed truck stop | 8 | | establishment, licensed fraternal establishment, or licensed | 9 | | veterans establishment shall submit to a background | 10 | | investigation conducted by the Board with the assistance of the | 11 | | State Police or other law enforcement. To the extent that the | 12 | | corporate structure of the applicant allows, the The background | 13 | | investigation shall include any or all of the following as the | 14 | | Board deems appropriate or as provided by rule for each | 15 | | category of licensure: (i) each beneficiary of a trust, (ii) | 16 | | each partner of a partnership, (iii) each member of a limited | 17 | | liability company, (iv) and each director and officer of a | 18 | | publicly or non-publicly held corporation, (v) each | 19 | | stockholder of a non-publicly held corporation, (vi) each | 20 | | stockholder of 5% or more of a publicly held corporation, or | 21 | | (vii) each stockholder and all stockholders of 5% or more in a | 22 | | parent or subsidiary corporation of a video gaming terminal | 23 | | manufacturer, distributor, supplier, operator, or licensed | 24 | | establishment, licensed truck stop establishment, licensed | 25 | | fraternal establishment, or licensed veterans establishment . | 26 | | (c) Each person seeking and possessing a license as a video |
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| 1 | | gaming terminal manufacturer, distributor, supplier, operator, | 2 | | handler, licensed establishment, licensed truck stop | 3 | | establishment, licensed fraternal establishment, or licensed | 4 | | veterans establishment shall disclose the identity of every | 5 | | person, association, trust, corporation, or limited liability | 6 | | company having a greater than 1% direct or indirect pecuniary | 7 | | interest in the video gaming terminal operation for which the | 8 | | license is sought. If the disclosed entity is a trust, the | 9 | | application shall disclose the names and addresses of the | 10 | | beneficiaries; if a corporation, the names and addresses of all | 11 | | stockholders and directors; if a limited liability company, the | 12 | | names and addresses of all members; or if a partnership, the | 13 | | names and addresses of all partners, both general and limited. | 14 | | (d) No person may be licensed as a video gaming terminal | 15 | | manufacturer, distributor, supplier, operator, handler, | 16 | | licensed establishment, licensed truck stop establishment, | 17 | | licensed fraternal establishment, or licensed veterans | 18 | | establishment if that person has been found by the Board to: | 19 | | (1) have a background, including a criminal record, | 20 | | reputation, habits, social or business associations, or | 21 | | prior activities that pose a threat to the public interests | 22 | | of the State or to the security and integrity of video | 23 | | gaming; | 24 | | (2) create or enhance the dangers of unsuitable, | 25 | | unfair, or illegal practices, methods, and activities in | 26 | | the conduct of video gaming; or |
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| 1 | | (3) present questionable business practices and | 2 | | financial arrangements incidental to the conduct of video | 3 | | gaming activities. | 4 | | (e) Any applicant for any license under this Act has the | 5 | | burden of proving his or her qualifications to the satisfaction | 6 | | of the Board. The Board may adopt rules to establish additional | 7 | | qualifications and requirements to preserve the integrity and | 8 | | security of video gaming in this State. | 9 | | (f) A non-refundable application fee shall be paid at the | 10 | | time an
application for a license is filed with the Board in | 11 | | the following amounts:
| 12 | | (1) Manufacturer ..........................$5,000
| 13 | | (2) Distributor ...........................$5,000
| 14 | | (3) Terminal operator .....................$5,000
| 15 | | (4) Supplier ..............................$2,500
| 16 | | (5) Technician ..............................$100
| 17 | | (6) Terminal Handler ..............................$50 | 18 | | (g) The Board shall establish an
annual fee for each | 19 | | license not to exceed the following: | 20 | | (1) Manufacturer .........................$10,000
| 21 | | (2) Distributor ..........................$10,000
| 22 | | (3) Terminal operator .....................$5,000
| 23 | | (4) Supplier ..............................$2,000
| 24 | | (5) Technician ..............................$100
| 25 | | (6) Licensed establishment, licensed truck stop
| 26 | | establishment, licensed fraternal establishment,
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| 1 | | or licensed veterans establishment ..............$100
| 2 | | (7) Video gaming terminal ...................$100
| 3 | | (8) Terminal Handler ..............................$50
| 4 | | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38, | 5 | | eff. 7-13-09; 96-1000, eff. 7-2-10; 96-1410, eff. 7-30-10; | 6 | | 97-1150, eff. 1-25-13.)
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.".
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