Full Text of SB2797 98th General Assembly
SB2797ham001 98TH GENERAL ASSEMBLY | Rep. Luis Arroyo Filed: 5/16/2014
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| 1 | | AMENDMENT TO SENATE BILL 2797
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2797 by replacing | 3 | | everything of the enacting clause with the following:
| 4 | | "Section 5. The Video Gaming
Act is amended by changing | 5 | | Section 5 and by adding Section 59 as follows:
| 6 | | (230 ILCS 40/5)
| 7 | | Sec. 5. Definitions. As used in this Act:
| 8 | | "Board" means the Illinois Gaming Board.
| 9 | | "Credit" means one, 5, 10, or 25 cents either won or | 10 | | purchased by a player.
| 11 | | "Distributor" means an individual, partnership, | 12 | | corporation, or limited liability company licensed under
this | 13 | | Act to buy, sell, lease, or distribute video gaming terminals | 14 | | or major
components or parts of video gaming terminals to or | 15 | | from terminal
operators.
| 16 | | "Electronic card" means a card purchased from a licensed |
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| 1 | | establishment, licensed fraternal establishment, licensed | 2 | | veterans establishment, or licensed truck stop establishment | 3 | | for use in that establishment as a substitute for cash in the | 4 | | conduct of gaming on a video gaming terminal. | 5 | | "Electronic voucher" means a voucher printed by an | 6 | | electronic video game machine that is redeemable in the | 7 | | licensed establishment for which it was issued. | 8 | | "Terminal operator" means an individual, partnership, | 9 | | corporation, or limited liability company that is
licensed | 10 | | under this Act and that owns, services, and maintains video
| 11 | | gaming terminals for placement in licensed establishments, | 12 | | licensed truck stop establishments, licensed fraternal
| 13 | | establishments, or licensed veterans establishments.
| 14 | | "Licensed technician" means an individual
who
is licensed | 15 | | under this Act to repair,
service, and maintain
video gaming | 16 | | terminals.
| 17 | | "Licensed terminal handler" means a person, including but | 18 | | not limited to an employee or independent contractor working | 19 | | for a manufacturer, distributor, supplier, technician, or | 20 | | terminal operator, who is licensed under this Act to possess or | 21 | | control a video gaming terminal or to have access to the inner | 22 | | workings of a video gaming terminal. A licensed terminal | 23 | | handler does not include an individual, partnership, | 24 | | corporation, or limited liability company defined as a | 25 | | manufacturer, distributor, supplier, technician, or terminal | 26 | | operator under this Act. |
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| 1 | | "Manufacturer" means an individual, partnership, | 2 | | corporation, or limited liability company that is
licensed | 3 | | under this Act and that manufactures or assembles video gaming
| 4 | | terminals.
| 5 | | "Supplier" means an individual, partnership, corporation, | 6 | | or limited liability company that is
licensed under this Act to | 7 | | supply major components or parts to video gaming
terminals to | 8 | | licensed
terminal operators.
| 9 | | "Net terminal income" means money put into a video gaming | 10 | | terminal minus
credits paid out to players.
| 11 | | "Video gaming terminal" means any electronic video game | 12 | | machine
that, upon insertion of cash, electronic cards or | 13 | | vouchers , or any combination thereof, electronic voucher, or | 14 | | any combination thereof, is available to play or simulate the | 15 | | play of
a video game, including but not limited to video poker, | 16 | | line up, and blackjack, as
authorized by the Board utilizing a | 17 | | video display and microprocessors in
which the player may | 18 | | receive free games or credits that can be
redeemed for cash. | 19 | | The term does not include a machine that directly
dispenses | 20 | | coins, cash, or tokens or is for amusement purposes only.
| 21 | | "Licensed establishment" means any licensed retail | 22 | | establishment where
alcoholic liquor is drawn, poured, mixed, | 23 | | or otherwise served for consumption
on the premises, whether | 24 | | the establishment operates on a nonprofit or for-profit basis. | 25 | | "Licensed establishment" includes any such establishment that | 26 | | has a contractual relationship with an inter-track wagering |
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| 1 | | location licensee licensed under the Illinois Horse Racing Act | 2 | | of 1975, provided any contractual relationship shall not | 3 | | include any transfer or offer of revenue from the operation of | 4 | | video gaming under this Act to any licensee licensed under the | 5 | | Illinois Horse Racing Act of 1975. Provided, however, that the | 6 | | licensed establishment that has such a contractual | 7 | | relationship with an inter-track wagering location licensee | 8 | | may not, itself, be (i) an inter-track wagering location | 9 | | licensee, (ii) the corporate parent or subsidiary of any | 10 | | licensee licensed under the Illinois Horse Racing Act of 1975, | 11 | | or (iii) the corporate subsidiary of a corporation that is also | 12 | | the corporate parent or subsidiary of any licensee licensed | 13 | | under the Illinois Horse Racing Act of 1975. "Licensed | 14 | | establishment" does not include a facility operated by an | 15 | | organization licensee, an inter-track wagering licensee, or an | 16 | | inter-track wagering location licensee licensed under the | 17 | | Illinois Horse Racing Act of 1975 or a riverboat licensed under | 18 | | the Riverboat Gambling Act, except as provided in this | 19 | | paragraph. The changes made to this definition by Public Act | 20 | | 98-587 this amendatory Act of the 98th General Assembly are | 21 | | declarative of existing law.
| 22 | | "Licensed fraternal establishment" means the location | 23 | | where a qualified
fraternal organization that derives its | 24 | | charter from a national fraternal
organization regularly | 25 | | meets.
| 26 | | "Licensed veterans establishment" means the location where |
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| 1 | | a qualified
veterans organization that derives its charter from | 2 | | a national veterans
organization regularly meets.
| 3 | | "Licensed truck stop establishment" means a facility (i) | 4 | | that is at least a
3-acre facility with a convenience store, | 5 | | (ii) with separate diesel
islands for fueling commercial motor | 6 | | vehicles, (iii) that sells at retail more than 10,000 gallons | 7 | | of diesel or biodiesel fuel per month, and (iv) with parking | 8 | | spaces for commercial
motor vehicles. "Commercial motor | 9 | | vehicles" has the same meaning as defined in Section 18b-101 of | 10 | | the Illinois Vehicle Code. The requirement of item (iii) of | 11 | | this paragraph may be met by showing that estimated future | 12 | | sales or past sales average at least 10,000 gallons per month.
| 13 | | "Video Gaming Board Exclusion List" or "Exclusion List" | 14 | | means a publicly available list of persons compiled and | 15 | | maintained by the Board pursuant to Section 59 of this Act and | 16 | | procedures established by Board rule. | 17 | | (Source: P.A. 97-333, eff. 8-12-11; 98-31, eff. 6-24-13; | 18 | | 98-582, eff. 8-27-13; 98-587, eff. 8-27-13; revised 9-19-13.)
| 19 | | (230 ILCS 40/59 new) | 20 | | Sec. 59. Video Gaming Board Exclusion List. | 21 | | (a) The Board shall have authority to establish a Video | 22 | | Gaming Board Exclusion List. Persons on the Exclusion List | 23 | | shall be prohibited from licensure under this Act and from | 24 | | engaging in any activities, agreements, or transactions | 25 | | authorized by this Act, the rules adopted under this Act, or a |
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| 1 | | final order of the Board that are directly related to the | 2 | | conduct and operation of video gaming and not otherwise | 3 | | excluded. Activities, agreements, and transactions not | 4 | | affected by this Section include, but are not limited to, | 5 | | agreements to provide or to purchase nongaming-related goods or | 6 | | services, such as food, beverages, coin-operated amusement | 7 | | devices (if the possession is not prohibited by subsection (a) | 8 | | of Section 35 of this Act), vending machines, or ATMs; | 9 | | employment that is not directly involved in the gaming | 10 | | activity, such as serving food or beverages to customers, | 11 | | cleaning, maintenance, beer line cleaning, plumbing, | 12 | | electrical, snow removal, construction, and the like (provided | 13 | | the employee is not an officer, director, limited liability | 14 | | company member, or the like of the licensed establishment, | 15 | | licensed fraternal establishment, licensed veterans | 16 | | establishment, or licensed truck stop establishment); | 17 | | provision of legal, accounting, or insurance services, if not | 18 | | based on a percentage of video gaming revenue; and rental or | 19 | | leasing agreements concerning the licensed premises if rents | 20 | | are not computed by any formula involving as a variable a | 21 | | percentage of video gaming revenue. Nothing in this Section | 22 | | shall be deemed to invalidate agreements entered into prior to | 23 | | the effective date of this amendatory Act of the 98th General | 24 | | Assembly. | 25 | | (b) The Board may place a person on the Video Gaming Board | 26 | | Exclusion List for reasons that include, but are not limited |
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| 1 | | to, the following reasons: | 2 | | (i) the person has been found to be in violation of | 3 | | this Act or any rules adopted under this Act by a final | 4 | | administrative decision of the Board for which review is | 5 | | barred under the Administrative Review Law or a final | 6 | | decision, order, or judgment of a court; or | 7 | | (ii) the person's conduct or reputation is such that | 8 | | his or her licensure under this Act or engagement in | 9 | | activities, agreements, or transactions authorized by this | 10 | | Act, and not otherwise exempt from the provisions of this | 11 | | Section would call into question the honesty and integrity | 12 | | of video gaming operations or
interfere with the orderly | 13 | | conduct of such operations, except that placement on the | 14 | | Exclusion List pursuant to this paragraph (ii) shall not | 15 | | occur until notice is provided to the person pursuant to | 16 | | subsection (c) of this Section and until any requested | 17 | | hearing conducted pursuant to subsection (c) is concluded, | 18 | | with a finding that the person qualifies for placement on | 19 | | the Exclusion List. | 20 | | (c) The proposed placement of a person on the Video Gaming | 21 | | Board Exclusion List shall be subject to notice as provided | 22 | | under the Board's riverboat gambling rules (86 Ill. Adm. Code | 23 | | 3000.730) and a subsequent hearing by the Board pursuant to the | 24 | | Board's video gaming rules (11 Ill. Adm. Code 1800.720).
| 25 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.".
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