HB1140 98TH GENERAL ASSEMBLY

LRB098 07314 AMC 37377 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB1140

Introduced , by Rep. Lou Lang

SYNOPSIS AS INTRODUCED:

230 ILCS 40/35

Amends the Video Gaming Act. Replaces language concerning devices that award credits with language providing that no person may own, operate, have in his or her possession or custody or under his or her control, or permit to be kept in any place under his or her possession or control, any game device that, for payment to participate in the game, awards replay credits and contains a circuit, meter, or switch capable of removing replay credits by means other than playing the game device and recording the removal of the replay credits when the award of replay credits is dependent upon chance. Provides that a replay credit shall be deemed something of value. Removes obsolete language regarding video gaming terminals operated for amusement only.

A BILL FOR

AN ACT concerning gaming.

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

Section 5. The Video Gaming Act is amended by changing Section 35 as follows:

(230 ILCS 40/35)

Sec. 35. Display of license; confiscation; violation as felony.

(a) Each video gaming terminal shall be licensed by the Board before placement or operation on the premises of a licensed establishment, licensed truck stop establishment, licensed fraternal establishment, or licensed veterans establishment. The license of each video gaming terminal shall be maintained at the location where the video gaming terminal is operated. Failure to do so is a petty offense with a fine not to exceed $100. Any licensed establishment, licensed truck stop establishment, licensed fraternal establishment, or licensed veterans establishment used for the conduct of gambling games in violation of this Act shall be considered a gambling place in violation of Section 28-3 of the Criminal Code of 2012 1961. Every gambling device found in a licensed establishment, licensed truck stop establishment, licensed fraternal establishment, or licensed veterans establishment operating gambling games in violation of this Act shall be subject to seizure, confiscation, and destruction as provided in Section 28-5 of the Criminal Code of 2012 1961. Any license issued under the Liquor Control Act of 1934 to any owner or operator of a licensed establishment, licensed truck stop establishment, licensed fraternal establishment, or licensed veterans establishment that operates or permits the operation of a video gaming terminal within its establishment in violation of this Act shall be immediately revoked.

No person may own, operate, have in his or her possession or custody or under his or her control, or permit to be kept in any place under his or her possession or control, any game device that, for payment to participate in the game, awards replay credits and contains a circuit, meter, or switch capable of removing replay credits by means other than playing the game device and recording the removal of the replay credits when the award of replay credits is dependent upon chance. For the purposes of this Section, for a game machine that requires payment to play, "replay credit" means the extended right to play the game without additional charge. For the purposes of this Act, a replay credit shall be deemed something of value.

Nothing in this Section shall be deemed to prohibit the use of a game device only if the game device is used in an activity that is not gambling under subsection (b) of Section 28-1 of the Criminal Code of 2012.

A violation of this Section is a Class 4 felony.

All devices that are owned, operated, or possessed in violation of this Section are hereby declared to be public nuisances and shall be subject to seizure, confiscation, and destruction as provided in Section 28-5 of the Criminal Code of 2012 1961.

The provisions of this Section do not apply to devices or electronic video game terminals licensed pursuant to this Act. A video gaming terminal operated for amusement only and bearing a valid amusement tax sticker shall not be subject to this Section until 30 days after the Board establishes that the central communications system is functional.

(b) (1) The odds of winning each video game shall be posted on or near each video gaming terminal. The manner in which the odds are calculated and how they are posted shall be determined by the Board by rule.

(2) No video gaming terminal licensed under this Act may be played except during the legal hours of operation allowed for the consumption of alcoholic beverages at the licensed establishment, licensed fraternal establishment, or licensed veterans establishment. A licensed establishment, licensed fraternal establishment, or licensed veterans establishment that violates this subsection is subject to termination of its license by the Board.

(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-1410, eff. 7-30-10.)