Full Text of HB4670 096th General Assembly
HB4670 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB4670
Introduced , by Rep. Jack D. Franks SYNOPSIS AS INTRODUCED: |
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230 ILCS 40/5 |
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230 ILCS 40/35 |
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Amends the Video Gaming Act. Removes language that exempts video gaming terminals that are operated for amusement only from the licensure requirement under the Act. Effective immediately.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB4670 |
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| AN ACT concerning gaming.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Video Gaming
Act is amended by changing | 5 |
| Sections 5 and 35 as follows: | 6 |
| (230 ILCS 40/5)
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| Sec. 5. Definitions. As used in this Act:
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| "Board" means the Illinois Gaming Board.
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| "Credit" means 5, 10, or 25 cents either won or purchased | 10 |
| by a player.
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| "Distributor" means an individual, partnership, or | 12 |
| corporation licensed under
this Act to buy, sell, lease, or | 13 |
| distribute video gaming terminals or major
components or parts | 14 |
| of video gaming terminals to or from terminal
operators.
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| "Terminal operator" means an individual, partnership or | 16 |
| corporation that is
licensed under this Act and that owns, | 17 |
| services, and maintains video
gaming terminals for placement in | 18 |
| licensed establishments, licensed fraternal
establishments, or | 19 |
| licensed veterans establishments.
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| "Licensed technician" means an individual
who
is licensed | 21 |
| under this Act to repair,
service, and maintain
video gaming | 22 |
| terminals.
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| "Licensed terminal handler" means a person, including but |
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| not limited to an employee or independent contractor working | 2 |
| for a manufacturer, distributor, supplier, technician, or | 3 |
| terminal operator, who is licensed under this Act to possess or | 4 |
| control a video gaming terminal or to have access to the inner | 5 |
| workings of a video gaming terminal. A licensed terminal | 6 |
| handler does not include an individual, partnership, or | 7 |
| corporation defined as a manufacturer, distributor, supplier, | 8 |
| technician, or terminal operator under this Act. | 9 |
| "Manufacturer" means an individual, partnership, or | 10 |
| corporation that is
licensed under this Act and that | 11 |
| manufactures or assembles video gaming
terminals.
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| "Supplier" means an individual, partnership, or | 13 |
| corporation that is
licensed under this Act to supply major | 14 |
| components or parts to video gaming
terminals to licensed
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| terminal operators.
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| "Net terminal income" means money put into a video gaming | 17 |
| terminal minus
credits paid out to players.
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| "Video gaming terminal" means any electronic video game | 19 |
| machine
that, upon insertion of cash, is available to play or | 20 |
| simulate the play of
a video game, including but not limited to | 21 |
| video poker, line up, and blackjack, as
authorized by the Board | 22 |
| utilizing a video display and microprocessors in
which the | 23 |
| player may receive free games or credits that can be
redeemed | 24 |
| for cash. The term does not include a machine that directly
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| dispenses coins, cash, or tokens or is for amusement purposes | 26 |
| only .
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| "Licensed establishment" means any licensed retail | 2 |
| establishment where
alcoholic liquor is drawn, poured, mixed, | 3 |
| or otherwise served for consumption
on the premises. "Licensed | 4 |
| establishment" does not include a facility operated by an | 5 |
| organization licensee, an intertrack wagering licensee, or an | 6 |
| intertrack wagering location licensee licensed under the | 7 |
| Illinois Horse Racing Act of 1975 or a riverboat licensed under | 8 |
| the Riverboat Gambling Act.
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| "Licensed fraternal establishment" means the location | 10 |
| where a qualified
fraternal organization that derives its | 11 |
| charter from a national fraternal
organization regularly | 12 |
| meets.
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| "Licensed veterans establishment" means the location where | 14 |
| a qualified
veterans organization that derives its charter from | 15 |
| a national veterans
organization regularly meets.
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| "Licensed truck stop establishment" means a facility that | 17 |
| is at least a
3-acre facility with a convenience store and with | 18 |
| separate diesel
islands for fueling commercial motor vehicles | 19 |
| and parking spaces for commercial
motor vehicles as defined in | 20 |
| Section 18b-101 of the Illinois Vehicle Code.
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| (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09.) | 22 |
| (230 ILCS 40/35)
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| Sec. 35. Display of license; confiscation; violation as | 24 |
| felony. | 25 |
| (a) Each
video gaming terminal shall be licensed by the |
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| Board before placement
or operation on the premises of a | 2 |
| licensed establishment, licensed truck stop
establishment, | 3 |
| licensed
fraternal establishment, or licensed veterans | 4 |
| establishment. The license of
each video gaming terminal shall | 5 |
| be maintained
at the location where the video gaming terminal | 6 |
| is operated. Failure to do so
is a petty offense with a fine
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| not to exceed $100.
Any licensed establishment, licensed truck | 8 |
| stop establishment, licensed
fraternal establishment, or | 9 |
| licensed
veterans establishment
used for the conduct of | 10 |
| gambling games in violation of this Act shall be
considered a | 11 |
| gambling place in violation of Section 28-3 of the Criminal
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| Code of 1961. Every gambling device found in
a licensed | 13 |
| establishment, licensed truck stop establishment, licensed | 14 |
| fraternal
establishment, or licensed
veterans establishment | 15 |
| operating gambling games in violation of this
Act shall be | 16 |
| subject to seizure, confiscation, and destruction as provided
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| in Section 28-5 of the Criminal Code of 1961.
Any license | 18 |
| issued under the Liquor Control Act
of 1934 to any owner or | 19 |
| operator of a licensed establishment, licensed truck
stop | 20 |
| establishment, licensed
fraternal establishment, or licensed | 21 |
| veterans establishment that operates or
permits the operation | 22 |
| of a video gaming terminal within its establishment in
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| violation of this Act shall be immediately revoked.
No person | 24 |
| may own, operate, have in his or her possession or custody or | 25 |
| under
his or her control, or permit to be kept in any place | 26 |
| under his or her
possession or control, any
device that awards |
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| credits and contains a circuit, meter, or switch capable of
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| removing and recording the removal of credits when the award of | 3 |
| credits is
dependent upon chance. A violation of this Section | 4 |
| is a Class 4 felony. All
devices that are owned, operated, or | 5 |
| possessed in violation of this Section are
hereby declared to | 6 |
| be public nuisances and shall be subject to seizure,
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| confiscation, and destruction as provided in Section 28-5 of | 8 |
| the Criminal Code
of 1961.
The provisions of this Section do | 9 |
| not apply to devices or electronic video
game terminals | 10 |
| licensed pursuant to this Act. A video gaming terminal operated | 11 |
| for amusement only and bearing a valid amusement tax sticker | 12 |
| issued prior to the effective date of this amendatory Act of | 13 |
| the 96th General Assembly shall not be subject to this Section | 14 |
| until the sooner of (i) the expiration of the amusement tax | 15 |
| sticker or (ii) 30 days after the Board establishes that the | 16 |
| central communications system is functional.
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| (b) (1) The odds of winning each video game shall be posted | 18 |
| on or near each video gaming terminal. The manner in which the | 19 |
| odds are calculated and how they are posted shall be determined | 20 |
| by the Board by rule. | 21 |
| (2) No video gaming terminal licensed under this Act may be | 22 |
| played except during the legal hours of operation allowed for | 23 |
| the consumption of alcoholic beverages at the licensed | 24 |
| establishment, licensed fraternal establishment, or licensed | 25 |
| veterans establishment. A licensed establishment, licensed | 26 |
| fraternal establishment, or licensed veterans establishment |
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| that violates this subsection is subject to termination of its | 2 |
| license by the Board. | 3 |
| (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09.)
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| Section 99. Effective date. This Act takes effect upon | 5 |
| becoming law.
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