SB1723 99TH GENERAL ASSEMBLY

LRB099 09282 MLM 29486 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1723

Introduced 2/20/2015, by Sen. Chapin Rose

SYNOPSIS AS INTRODUCED:

230 ILCS 40/5

Amends the Video Gaming Act. Provides that after the effective date of the Act, "licensed truck stop establishment" means a facility capable of supporting 25 18-wheel tractor-trailers that sells at retail more than 50,000 gallons of diesel or biodiesel fuel per month, which meets at least 4 of the following criteria: (A) a separate truckers' television lounge; (B) a full-service laundry facility located in a convenient area for truckers' use; (C) private showers for men and women not located in an area open to the general public; (D) a convenience store with supplies commonly used only by commercial motor vehicle drivers, commonly referred to as truckers' supplies; (E) truck scales; (F) separate truckers' telephones; and (G) permanent storage facilities for fuel.

FISCAL NOTE ACT MAY APPLY

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 5 as follows:

(230 ILCS 40/5)

Sec. 5. Definitions. As used in this Act:

"Board" means the Illinois Gaming Board.

"Credit" means one, 5, 10, or 25 cents either won or purchased by a player.

"Commercial motor vehicles" has the same meaning as defined in Section 18b-101 of the Illinois Vehicle Code.

"Distributor" means an individual, partnership, corporation, or limited liability company licensed under this Act to buy, sell, lease, or distribute video gaming terminals or major components or parts of video gaming terminals to or from terminal operators.

"Electronic card" means a card purchased from a licensed establishment, licensed fraternal establishment, licensed veterans establishment, or licensed truck stop establishment for use in that establishment as a substitute for cash in the conduct of gaming on a video gaming terminal.

"Electronic voucher" means a voucher printed by an electronic video game machine that is redeemable in the licensed establishment for which it was issued.

"Terminal operator" means an individual, partnership, corporation, or limited liability company that is licensed under this Act and that owns, services, and maintains video gaming terminals for placement in licensed establishments, licensed truck stop establishments, licensed fraternal establishments, or licensed veterans establishments.

"Licensed technician" means an individual who is licensed under this Act to repair, service, and maintain video gaming terminals.

"Licensed terminal handler" means a person, including but not limited to an employee or independent contractor working for a manufacturer, distributor, supplier, technician, or terminal operator, who is licensed under this Act to possess or control a video gaming terminal or to have access to the inner workings of a video gaming terminal. A licensed terminal handler does not include an individual, partnership, corporation, or limited liability company defined as a manufacturer, distributor, supplier, technician, or terminal operator under this Act.

"Manufacturer" means an individual, partnership, corporation, or limited liability company that is licensed under this Act and that manufactures or assembles video gaming terminals.

"Supplier" means an individual, partnership, corporation, or limited liability company that is licensed under this Act to supply major components or parts to video gaming terminals to licensed terminal operators.

"Net terminal income" means money put into a video gaming terminal minus credits paid out to players.

"Video gaming terminal" means any electronic video game machine that, upon insertion of cash, electronic cards or vouchers, or any combination thereof, is available to play or simulate the play of a video game, including but not limited to video poker, line up, and blackjack, as authorized by the Board utilizing a video display and microprocessors in which the player may receive free games or credits that can be redeemed for cash. The term does not include a machine that directly dispenses coins, cash, or tokens or is for amusement purposes only.

"Licensed establishment" means any licensed retail establishment where alcoholic liquor is drawn, poured, mixed, or otherwise served for consumption on the premises, whether the establishment operates on a nonprofit or for-profit basis. "Licensed establishment" includes any such establishment that has a contractual relationship with an inter-track wagering location licensee licensed under the Illinois Horse Racing Act of 1975, provided any contractual relationship shall not include any transfer or offer of revenue from the operation of video gaming under this Act to any licensee licensed under the Illinois Horse Racing Act of 1975. Provided, however, that the licensed establishment that has such a contractual relationship with an inter-track wagering location licensee may not, itself, be (i) an inter-track wagering location licensee, (ii) the corporate parent or subsidiary of any licensee licensed under the Illinois Horse Racing Act of 1975, or (iii) the corporate subsidiary of a corporation that is also the corporate parent or subsidiary of any licensee licensed under the Illinois Horse Racing Act of 1975. "Licensed establishment" does not include a facility operated by an organization licensee, an inter-track wagering licensee, or an inter-track wagering location licensee licensed under the Illinois Horse Racing Act of 1975 or a riverboat licensed under the Riverboat Gambling Act, except as provided in this paragraph. The changes made to this definition by Public Act 98-587 are declarative of existing law.

"Licensed fraternal establishment" means the location where a qualified fraternal organization that derives its charter from a national fraternal organization regularly meets.

"Licensed veterans establishment" means the location where a qualified veterans organization that derives its charter from a national veterans organization regularly meets.

"Licensed truck stop establishment" means: (1) for licenses issued or renewed on or before the effective date of the 99th General Assembly, a facility (i) that is at least a 3-acre facility with a convenience store, (ii) with separate diesel islands for fueling commercial motor vehicles, (iii) that sells at retail more than 10,000 gallons of diesel or biodiesel fuel per month, and (iv) with parking spaces for commercial motor vehicles; and (2) for licenses issued or renewed after the effective date of this amendatory Act of the 99th General Assembly, "licensed truck stop establishment" means a facility (i) that is at least a 3-acre facility with a convenience store, (ii) with separate diesel islands for fueling commercial motor vehicles located in a separate fueling area that is accessible through a dedicated entrance, (iii) that sells at retail more than 50,000 gallons of diesel or biodiesel fuel per month, (iv) with a parking area for 25 or more 18-wheel tractor-trailer motor vehicles that is paved with asphalt or concrete or gravelled in order to support 18-wheel tractor-trailer motor vehicles and their loads, constructed according to industry specifications, which does not include parking areas for other vehicles around business entrance ways and exits, and (v) which meets at least 4 of the following criteria: (A) a separate truckers' television lounge; (B) a full-service laundry facility located in a convenient area for truckers' use; (C) private showers for men and women not located in an area open to the general public; (D) a convenience store with supplies commonly used only by commercial motor vehicle drivers, commonly referred to as truckers' supplies; (E) truck scales; (F) separate truckers' telephones; and (G) permanent storage facilities for fuel. The requirement of demonstrating sales volume may be met by showing estimated future sales or past sales averages per month.

"Commercial motor vehicles" has the same meaning as defined in Section 18b-101 of the Illinois Vehicle Code.

The requirement of item (iii) of this paragraph may be met by showing that estimated future sales or past sales average at least 10,000 gallons per month.

(Source: P.A. 97-333, eff. 8-12-11; 98-31, eff. 6-24-13; 98-582, eff. 8-27-13; 98-587, eff. 8-27-13; 98-756, eff. 7-16-14.)