HB4295 103RD GENERAL ASSEMBLY

LRB103 35653 AWJ 65728 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4295

Introduced 1/16/2024, by Rep. Sonya M. Harper

SYNOPSIS AS INTRODUCED:

50 ILCS 722/13 new
230 ILCS 40/15

Amends the Missing Persons Identification Act. Defines "Ebony Alert" as a notification system designed to issue and coordinate alerts with respect to Black youth, including young women and girls, who are reported missing under unexplained or suspicious circumstances, who are reported missing and are at risk, who are reported missing and are developmentally disabled or cognitively impaired, or who have been abducted. Provides for procedures for law enforcement agencies to request activation of an Ebony Alert by the Illinois State Police if the law enforcement agency determines that an Ebony Alert would be an effective tool in the investigation of missing or abducted Black youth, including listing factors for the agency to consider. Allows use of a changeable message sign under specified circumstances. Provides that radio, television, cable, satellite, and social media systems are encouraged, but not required, to cooperate with disseminating the Ebony Alert or the information contained in an Ebony Alert. Amends the Video Gaming Act. Provides that the Illinois Gaming Board, in its discretion, may require video gaming terminals to display Amber Alert and Ebony Alert (rather than only Amber Alert) messages if the Board makes a finding that it would be economically and technically feasible and pose no risk to the integrity and security of the central communications system and video gaming terminals.

A BILL FOR

AN ACT concerning government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Missing Persons Identification Act is amended by adding Section 13 as follows:

(50 ILCS 722/13 new)

Sec. 13. Ebony Alerts.

(a) As used in this Section, "Ebony Alert" means a notification system, activated under subsection (b), designed to issue and coordinate alerts with respect to Black youth, including young women and girls, who are reported missing under unexplained or suspicious circumstances, who are reported missing and are at risk, who are reported missing and are developmentally disabled or cognitively impaired, or who have been abducted.

(b) If a person is reported missing or abducted to a law enforcement agency and that agency determines that factors considered under subsection (f) justify an Ebony Alert, the law enforcement agency may request the Illinois State Police to activate an Ebony Alert in a system created and maintained by the Illinois State Police. If the Director of the Illinois State Police, or an individual or division designated by the Director, concurs that the factors considered under subsection (f) justify an Ebony Alert, the Illinois State Police may activate an Ebony Alert within the appropriate geographical area requested by the investigating law enforcement agency.

(c) Radio, television, cable, satellite, and social media systems are encouraged, but not required, to cooperate with disseminating the Ebony Alert or the information contained in an Ebony Alert.

(d) Upon activation of an Ebony Alert, the Illinois State Police may assist the investigating law enforcement agency by issuing other alerts, an electronic flyer, or changeable message signs in compliance with subsection (e).

(e) Upon activation of an Ebony Alert, the Illinois State Police may use a changeable message sign if both of the following conditions are met:

(1) a law enforcement agency determines that a vehicle may be involved in the missing person incident; and

(2) specific identifying information about the vehicle is available for public dissemination.

(f) A law enforcement agency may request that an Ebony Alert be activated if that agency determines that an Ebony Alert would be an effective tool in the investigation of missing or abducted Black youth, including young women or girls. The law enforcement agency may consider the following factors to make that determination:

(1) The missing person is age 12 to 25 years of age.

(2) The missing person suffers from a mental or physical disability.

(3) The person is missing under circumstances that indicate any of the following:

(A) The missing person's physical safety may be endangered. The missing person's physical safety is presumed to be endangered, unless there is evidence to the contrary, if the person is 18 or under.

(B) The missing person may be subject to trafficking.

(4) The person has gone missing under unexplained or suspicious circumstances.

(5) The person is in danger because of age, health, mental or physical disability, or environment or weather conditions, that the person is in the company of a potentially dangerous person, or that there are other factors indicating that the person may be in peril.

(6) If the investigating law enforcement agency has utilized available local resources.

(7) If there is information available that, if disseminated to the public, could assist in the safe recovery of the missing person.

Section 10. The Video Gaming Act is amended by changing Section 15 as follows:

(230 ILCS 40/15)

Sec. 15. Minimum requirements for licensing and registration. Every video gaming terminal offered for play shall first be tested and approved pursuant to the rules of the Board, and each video gaming terminal offered in this State for play shall conform to an approved model. For the examination of video gaming machines and associated equipment as required by this Section, the Board shall utilize the services of independent outside testing laboratories that have been accredited in accordance with ISO/IEC 17025 by an accreditation body that is a signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Agreement signifying they are qualified to perform such examinations. Notwithstanding any law to the contrary, the Board shall consider the licensing of independent outside testing laboratory applicants in accordance with procedures established by the Board by rule. The Board shall not withhold its approval of an independent outside testing laboratory license applicant that has been accredited as required by this Section and is licensed in gaming jurisdictions comparable to Illinois. Upon the finalization of required rules, the Board shall license independent testing laboratories and accept the test reports of any licensed testing laboratory of the video gaming machine's or associated equipment manufacturer's choice, notwithstanding the existence of contracts between the Board and any independent testing laboratory. Every video gaming terminal offered in this State for play must meet minimum standards approved by the Board. Each approved model shall, at a minimum, meet the following criteria:

(1) It must conform to all requirements of federal law and regulations, including FCC Class A Emissions Standards.

(2) It must theoretically pay out a mathematically demonstrable percentage during the expected lifetime of the machine of all amounts played, which must not be less than 80%. The Board shall establish a maximum payout percentage for approved models by rule. Video gaming terminals that may be affected by skill must meet this standard when using a method of play that will provide the greatest return to the player over a period of continuous play.

(3) It must use a random selection process to determine the outcome of each play of a game. The random selection process must meet 99% confidence limits using a standard chi-squared test for (randomness) goodness of fit.

(4) It must display an accurate representation of the game outcome.

(5) It must not automatically alter pay tables or any function of the video gaming terminal based on internal computation of hold percentage or have any means of manipulation that affects the random selection process or probabilities of winning a game.

(6) It must not be adversely affected by static discharge or other electromagnetic interference.

(7) It must be capable of detecting and displaying the following conditions during idle states or on demand: power reset; door open; and door just closed.

(8) It must have the capacity to display complete play history (outcome, intermediate play steps, credits available, bets placed, credits paid, and credits cashed out) for the most recent game played and 10 games prior thereto.

(9) The theoretical payback percentage of a video gaming terminal must not be capable of being changed without making a hardware or software change in the video gaming terminal, either on site or via the central communications system.

(10) Video gaming terminals must be designed so that replacement of parts or modules required for normal maintenance does not necessitate replacement of the electromechanical meters.

(11) It must have nonresettable meters housed in a locked area of the terminal that keep a permanent record of all cash inserted into the machine, all winnings made by the terminal printer, credits played in for video gaming terminals, and credits won by video gaming players. The video gaming terminal must provide the means for on-demand display of stored information as determined by the Board.

(12) Electronically stored meter information required by this Section must be preserved for a minimum of 180 days after a power loss to the service.

(13) It must have one or more mechanisms that accept cash in the form of bills. The mechanisms shall be designed to prevent obtaining credits without paying by stringing, slamming, drilling, or other means. If such attempts at physical tampering are made, the video gaming terminal shall suspend itself from operating until reset.

(14) It shall have accounting software that keeps an electronic record which includes, but is not limited to, the following: total cash inserted into the video gaming terminal; the value of winning tickets claimed by players; the total credits played; the total credits awarded by a video gaming terminal; and pay back percentage credited to players of each video game.

(15) It shall be linked by a central communications system to provide auditing program information as approved by the Board. The central communications system shall use a standard industry protocol, as defined by the Gaming Standards Association, and shall have the functionality to enable the Board or its designee to activate or deactivate individual gaming devices from the central communications system. In no event may the communications system approved by the Board limit participation to only one manufacturer of video gaming terminals by either the cost in implementing the necessary program modifications to communicate or the inability to communicate with the central communications system.

(16) The Board, in its discretion, may require video gaming terminals to display Amber Alert or Ebony Alert messages if the Board makes a finding that it would be economically and technically feasible and pose no risk to the integrity and security of the central communications system and video gaming terminals.

Licensed terminal handlers shall have access to video gaming terminals, including, but not limited to, logic door access, without the physical presence or supervision of the Board or its agent to perform, in coordination with and with project approval from the central communication system provider:

(i) the clearing of the random access memory and reprogramming of the video gaming terminal;

(ii) the installation of new video gaming terminal software and software upgrades that have been approved by the Board;

(iii) the placement, connection to the central communication system, and go-live operation of video gaming terminals at a licensed establishment, licensed truck stop establishment, licensed large truck stop establishment, licensed fraternal establishment, or licensed veterans establishment;

(iv) the repair and maintenance of a video gaming terminal located at a licensed establishment, licensed truck stop establishment, licensed large truck stop establishment, licensed fraternal establishment, or licensed veterans establishment, including, but not limited to, the replacement of the video gaming terminal with a new video gaming terminal;

(v) the temporary movement, disconnection, replacement, and reconnection of video gaming terminals to allow for physical improvements and repairs at a licensed establishment, licensed truck stop establishment, licensed large truck stop establishment, licensed fraternal establishment, or licensed veterans establishment, such as replacement of flooring, interior repairs, and other similar activities; and

(vi) such other functions as the Board may otherwise authorize.

The Board shall, at a licensed terminal operator's expense, cause all keys and other required devices to be provided to a terminal operator necessary to allow the licensed terminal handler access to the logic door to the terminal operator's video gaming terminals.

The Board may adopt rules to establish additional criteria to preserve the integrity and security of video gaming in this State. The central communications system vendor may be licensed as a video gaming terminal manufacturer or a video gaming terminal distributor, or both, but in no event shall the central communications system vendor be licensed as a video gaming terminal operator.

The Board shall not permit the development of information or the use by any licensee of gaming device or individual game performance data. Nothing in this Act shall inhibit or prohibit the Board from the use of gaming device or individual game performance data in its regulatory duties. The Board shall adopt rules to ensure that all licensees are treated and all licensees act in a non-discriminatory manner and develop processes and penalties to enforce those rules.

(Source: P.A. 101-31, eff. 6-28-19.)