Bill Text: IL HB4927 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Nursing Home Care Act. Provides that all persons seeking admission to a nursing facility shall be verbally screened for risk factors associated with hepatitis B, hepatitis C, and the Human Immunodeficiency Virus (HIV) according to guidelines established by the U.S. Centers for Disease Control and Prevention. Provides that persons who are identified as being at high risk for hepatitis B, hepatitis C, or HIV shall be offered an opportunity to undergo laboratory testing if they will be admitted to the nursing facility for at least 7 days and are not known to be infected with any of the listed viruses. Provides that all HIV testing shall be conducted in compliance with the AIDS Confidentiality Act and that all persons determined to be susceptible to the hepatitis B virus shall be offered immunization upon admission to any nursing facility. Requires nursing facilities to document a resident's screening for risk factors associated with hepatitis B, hepatitis C, and HIV, and whether or not the resident was immunized against hepatitis B. Effective January 1, 2011.

Sponsorship: Partisan Bill (Democrat 4)

Status: (Passed) 2010-07-30 - Public Act . . . . . . . . . 96-1410 [HB4927 Detail]

Download: Illinois-2009-HB4927-Enrolled.html

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AN ACT concerning regulation.
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
Sections 5, 15, 20, 25, 30, 35, 45, 55, 57, and 78 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.
"Distributor" means an individual, partnership, or
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.
"Terminal operator" means an individual, partnership, or
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

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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, or
corporation, or limited liability company defined as a
manufacturer, distributor, supplier, technician, or terminal
operator under this Act.
"Manufacturer" means an individual, partnership, or
corporation, or limited liability company that is licensed
under this Act and that manufactures or assembles video gaming
terminals.
"Supplier" means an individual, partnership, or
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, 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

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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. "Licensed
establishment" does not include a facility operated by an
organization licensee, an intertrack wagering licensee, or an
intertrack wagering location licensee licensed under the
Illinois Horse Racing Act of 1975 or a riverboat licensed under
the Riverboat Gambling Act.
"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 a facility (i)
that is at least a 3-acre facility with a convenience store,
(ii) and 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
and parking spaces for commercial motor vehicles. "Commercial
motor vehicles" has the same meaning as defined in Section

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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. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09.)
(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. The Board may utilize
the services of an independent outside testing laboratory for
the examination of video gaming machines and associated
equipment as required by this Section. Every video gaming
terminal offered in this State for play must meet minimum
standards set by an independent outside testing laboratory
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

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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.

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(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

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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 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.
The Board may adopt rules to establish additional criteria

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to preserve the integrity and security of video gaming in this
State. The central communications system vendor may not hold
any license issued by the Board under this Act.
(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09.)
(230 ILCS 40/20)
Sec. 20. Direct dispensing of receipt tickets only. A video
gaming terminal may not directly dispense coins, cash, tokens,
or any other article of exchange or value except for receipt
tickets. Tickets shall be dispensed by pressing the ticket
dispensing button on the video gaming terminal at the end of
one's turn or play. The ticket shall indicate the total amount
of credits and the cash award, the time of day in a 24-hour
format showing hours and minutes, the date, the terminal serial
number, the sequential number of the ticket, and an encrypted
validation number from which the validity of the prize may be
determined. The player shall turn in this ticket to the
appropriate person at the licensed establishment, licensed
truck stop establishment, licensed fraternal establishment, or
licensed veterans establishment to receive the cash award. The
cost of the credit shall be one cent, 5 cents, 10 cents, or 25
cents, and the maximum wager played per hand shall not exceed
$2. No cash award for the maximum wager on any individual hand
shall exceed $500.
(Source: P.A. 96-34, eff. 7-13-09.)

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(230 ILCS 40/25)
Sec. 25. Restriction of licensees.
(a) Manufacturer. A person may not be licensed as a
manufacturer of a video gaming terminal in Illinois unless the
person has a valid manufacturer's license issued under this
Act. A manufacturer may only sell video gaming terminals for
use in Illinois to persons having a valid distributor's
license.
(b) Distributor. A person may not sell, distribute, or
lease or market a video gaming terminal in Illinois unless the
person has a valid distributor's license issued under this Act.
A distributor may only sell video gaming terminals for use in
Illinois to persons having a valid distributor's or terminal
operator's license.
(c) Terminal operator. A person may not own, maintain, or
place a video gaming terminal unless he has a valid terminal
operator's license issued under this Act. A terminal operator
may only place video gaming terminals for use in Illinois in
licensed establishments, licensed truck stop establishments,
licensed fraternal establishments, and licensed veterans
establishments. No terminal operator may give anything of
value, including but not limited to a loan or financing
arrangement, to a licensed establishment, licensed truck stop
establishment, licensed fraternal establishment, or licensed
veterans establishment as any incentive or inducement to locate
video terminals in that establishment. Of the after-tax profits

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from a video gaming terminal, 50% shall be paid to the terminal
operator and 50% shall be paid to the licensed establishment,
licensed truck stop establishment, licensed fraternal
establishment, or licensed veterans establishment,
notwithstanding nothwithstanding any agreement to the
contrary. No terminal operator may own or have a substantial
interest in more than 5% of the video gaming terminals licensed
in this State. A video terminal operator that violates one or
more requirements of this subsection is guilty of a Class 4
felony and is subject to termination of his or her license by
the Board.
(d) Licensed technician. A person may not service,
maintain, or repair a video gaming terminal in this State
unless he or she (1) has a valid technician's license issued
under this Act, (2) is a terminal operator, or (3) is employed
by a terminal operator, distributor, or manufacturer.
(d-5) Licensed terminal handler. No person, including, but
not limited to, an employee or independent contractor working
for a manufacturer, distributor, supplier, technician, or
terminal operator licensed pursuant to this Act, shall have
possession or control of a video gaming terminal, or access to
the inner workings of a video gaming terminal, unless that
person possesses a valid terminal handler's license issued
under this Act.
(e) Licensed establishment. No video gaming terminal may be
placed in any licensed establishment, licensed veterans

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establishment, licensed truck stop establishment, or licensed
fraternal establishment unless the owner or agent of the owner
of the licensed establishment, licensed veterans
establishment, licensed truck stop establishment, or licensed
fraternal establishment has entered into a written use
agreement with the terminal operator for placement of the
terminals. A copy of the use agreement shall be on file in the
terminal operator's place of business and available for
inspection by individuals authorized by the Board. A licensed
establishment, licensed truck stop establishment, licensed
veterans establishment, or licensed fraternal establishment
may operate up to 5 video gaming terminals on its premises at
any time.
(f) (Blank).
(g) Financial interest restrictions. As used in this Act,
"substantial interest" in a partnership, a corporation, an
organization, an association, or a business, or a limited
liability company means:
(A) When, with respect to a sole proprietorship, an
individual or his or her spouse owns, operates, manages, or
conducts, directly or indirectly, the organization,
association, or business, or any part thereof; or
(B) When, with respect to a partnership, the individual
or his or her spouse shares in any of the profits, or
potential profits, of the partnership activities; or
(C) When, with respect to a corporation, an individual

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or his or her spouse is an officer or director, or the
individual or his or her spouse is a holder, directly or
beneficially, of 5% or more of any class of stock of the
corporation; or
(D) When, with respect to an organization not covered
in (A), (B) or (C) above, an individual or his or her
spouse is an officer or manages the business affairs, or
the individual or his or her spouse is the owner of or
otherwise controls 10% or more of the assets of the
organization; or
(E) When an individual or his or her spouse furnishes
5% or more of the capital, whether in cash, goods, or
services, for the operation of any business, association,
or organization during any calendar year; or .
(F) When, with respect to a limited liability company,
an individual or his or her spouse is a member, or the
individual or his or her spouse is a holder, directly or
beneficially, of 5% or more of the membership interest of
the limited liability company.
For purposes of this subsection (g), "individual" includes
all individuals or their spouses whose combined interest would
qualify as a substantial interest under this subsection (g) and
whose activities with respect to an organization, association,
or business are so closely aligned or coordinated as to
constitute the activities of a single entity.
(h) Location restriction. A licensed establishment,

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licensed truck stop establishment, licensed fraternal
establishment, or licensed veterans establishment that is (i)
located within 1,000 feet of a facility operated by an
organization organizational licensee, an inter-track
intertrack wagering licensee, or an inter-track intertrack
wagering location licensee licensed under the Illinois Horse
Racing Act of 1975 or the home dock of a riverboat licensed
under the Riverboat Gambling Act or (ii) located within with a
100 feet of a school or a place of worship under the Religious
Corporation Act, is ineligible to operate a video gaming
terminal. The location restrictions in this subsection (h) do
not apply if a facility operated by an organization licensee,
an inter-track wagering licensee, or an inter-track wagering
location licensee, a school, or a place of worship moves to or
is established within the restricted area after a licensed
establishment, licensed truck stop establishment, licensed
fraternal establishment, or licensed veterans establishment
becomes licensed under this Act. For the purpose of this
subsection, "school" means an elementary or secondary public
school, or an elementary or secondary private school registered
with or recognized by the State Board of Education.
Notwithstanding the provisions of this subsection (h), the
Board may waive the requirement that a licensed establishment,
licensed truck stop establishment, licensed fraternal
establishment, or licensed veterans establishment not be
located within 1,000 feet from a facility operated by an

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organization licensee, an inter-track wagering licensee, or an
inter-track wagering location licensee licensed under the
Illinois Horse Racing Act of 1975 or the home dock of a
riverboat licensed under the Riverboat Gambling Act. The Board
shall not grant such waiver if there is any common ownership or
control, shared business activity, or contractual arrangement
of any type between the establishment and the organization
licensee, inter-track wagering licensee, inter-track wagering
location licensee, or owners licensee of a riverboat. The Board
shall adopt rules to implement the provisions of this
paragraph.
(i) Undue economic concentration. In addition to
considering all other requirements under this Act, in deciding
whether to approve the operation of video gaming terminals by a
terminal operator in a location, the Board shall consider the
impact of any economic concentration of such operation of video
gaming terminals. The Board shall not allow a terminal operator
to operate video gaming terminals if the Board determines such
operation will result in undue economic concentration. For
purposes of this Section, "undue economic concentration" means
that a terminal operator would have such actual or potential
influence over video gaming terminals in Illinois as to:
(1) substantially impede or suppress competition among
terminal operators;
(2) adversely impact the economic stability of the
video gaming industry in Illinois; or

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(3) negatively impact the purposes of the Video Gaming
Act.
The Board shall adopt rules concerning undue economic
concentration with respect to the operation of video gaming
terminals in Illinois. The rules shall include, but not be
limited to, (i) limitations on the number of video gaming
terminals operated by any terminal operator within a defined
geographic radius and (ii) guidelines on the discontinuation of
operation of any such video gaming terminals the Board
determines will cause undue economic concentration.
(j) (i) The provisions of the Illinois Antitrust Act are
fully and equally applicable to the activities of any licensee
under this Act.
(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38,
eff. 7-13-09; revised 8-17-09.)
(230 ILCS 40/30)
Sec. 30. Multiple types of licenses prohibited. A video
gaming terminal manufacturer may not be licensed as a video
gaming terminal operator or own, manage, or control a licensed
establishment, licensed truck stop establishment, licensed
fraternal establishment, or licensed veterans establishment,
and shall be licensed to sell only to persons having a valid
distributor's license or, if the manufacturer also holds a
valid distributor's license, to sell, distribute, lease, or
market to persons having a valid terminal operator's license

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only to sell to distributors. A video gaming terminal
distributor may not be licensed as a video gaming terminal
operator or own, manage, or control a licensed establishment,
licensed truck stop establishment, licensed fraternal
establishment, or licensed veterans establishment, and shall
only contract with a licensed terminal operator. A video gaming
terminal operator may not be licensed as a video gaming
terminal manufacturer or distributor or own, manage, or control
a licensed establishment, licensed truck stop establishment,
licensed fraternal establishment, or licensed veterans
establishment, and shall be licensed only to contract with
licensed distributors and licensed establishments, licensed
truck stop establishments, licensed fraternal establishments,
and licensed veterans establishments. An owner or manager of a
licensed establishment, licensed truck stop establishment,
licensed fraternal establishment, or licensed veterans
establishment may not be licensed as a video gaming terminal
manufacturer, distributor, or operator, and shall only
contract with a licensed operator to place and service this
equipment.
(Source: P.A. 96-34, eff. 7-13-09.)
(230 ILCS 40/35)
Sec. 35. Display of license; confiscation; violation as
felony.
(a) Each video gaming terminal shall be licensed by the

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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 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 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 device that awards

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credits and contains a circuit, meter, or switch capable of
removing and recording the removal of credits when the award of
credits is dependent upon chance. 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 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
issued prior to the effective date of this amendatory Act of
the 96th General Assembly shall not be subject to this Section
until the sooner of (i) the expiration of the amusement tax
sticker or (ii) 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

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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.)
(230 ILCS 40/45)
Sec. 45. Issuance of license.
(a) The burden is upon each applicant to demonstrate his
suitability for licensure. Each video gaming terminal
manufacturer, distributor, supplier, operator, handler,
licensed establishment, licensed truck stop establishment,
licensed fraternal establishment, and licensed veterans
establishment shall be licensed by the Board. The Board may
issue or deny a license under this Act to any person pursuant
to the same criteria set forth in Section 9 of the Riverboat
Gambling Act.
(a-5) The Board shall not grant a license to a person who
has facilitated, enabled, or participated in the use of
coin-operated devices for gambling purposes or who is under the
significant influence or control of such a person. For the
purposes of this Act, "facilitated, enabled, or participated in
the use of coin-operated amusement devices for gambling
purposes" means that the person has been convicted of any
violation of Article 28 of the Criminal Code of 1961. If there
is pending legal action against a person for any such
violation, then the Board shall delay the licensure of that
person until the legal action is resolved.

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(b) Each person seeking and possessing a license as a video
gaming terminal manufacturer, distributor, supplier, operator,
handler, licensed establishment, licensed truck stop
establishment, licensed fraternal establishment, or licensed
veterans establishment shall submit to a background
investigation conducted by the Board with the assistance of the
State Police or other law enforcement. The background
investigation shall include each beneficiary of a trust, each
partner of a partnership, and each director and officer and all
stockholders of 5% or more in a parent or subsidiary
corporation of a video gaming terminal manufacturer,
distributor, supplier, operator, or licensed establishment,
licensed truck stop establishment, licensed fraternal
establishment, or licensed veterans establishment.
(c) Each person seeking and possessing a license as a video
gaming terminal manufacturer, distributor, supplier, operator,
handler, licensed establishment, licensed truck stop
establishment, licensed fraternal establishment, or licensed
veterans establishment shall disclose the identity of every
person, association, trust, or corporation, or limited
liability company having a greater than 1% direct or indirect
pecuniary interest in the video gaming terminal operation for
to which the license is sought. If the disclosed entity is a
trust, the application shall disclose the names and addresses
of the beneficiaries; if a corporation, the names and addresses
of all stockholders and directors; if a limited liability

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company, the names and addresses of all members; or if a
partnership, the names and addresses of all partners, both
general and limited.
(d) No person may be licensed as a video gaming terminal
manufacturer, distributor, supplier, operator, handler,
licensed establishment, licensed truck stop establishment,
licensed fraternal establishment, or licensed veterans
establishment if that person has been found by the Board to:
(1) have a background, including a criminal record,
reputation, habits, social or business associations, or
prior activities that pose a threat to the public interests
of the State or to the security and integrity of video
gaming;
(2) create or enhance the dangers of unsuitable,
unfair, or illegal practices, methods, and activities in
the conduct of video gaming; or
(3) present questionable business practices and
financial arrangements incidental to the conduct of video
gaming activities.
(e) Any applicant for any license under this Act has the
burden of proving his or her qualifications to the satisfaction
of the Board. The Board may adopt rules to establish additional
qualifications and requirements to preserve the integrity and
security of video gaming in this State.
(f) A non-refundable application fee shall be paid at the
time an application for a license is filed with the Board in

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the following amounts:
(1) Manufacturer..........................$5,000
(2) Distributor...........................$5,000
(3) Terminal operator.....................$5,000
(4) Supplier..............................$2,500
(5) Technician..............................$100
(6) Terminal Handler..............................$50
(g) The Board shall establish an annual fee for each
license not to exceed the following:
(1) Manufacturer.........................$10,000
(2) Distributor..........................$10,000
(3) Terminal operator.....................$5,000
(4) Supplier..............................$2,000
(5) Technician..............................$100
(6) Licensed establishment, licensed truck stop
establishment, licensed fraternal establishment,
or licensed veterans establishment..............$100
(7) Video gaming terminal...................$100
(8) Terminal Handler..............................$50
(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38,
eff. 7-13-09; revised 8-17-09.)
(230 ILCS 40/55)
Sec. 55. Precondition for licensed location establishment.
In all cases of application for a licensed location
establishment, to operate a video gaming terminal, each

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licensed establishment licensed truck stop establishment,
licensed fraternal establishment, or licensed veterans
establishment shall possess a valid liquor license issued by
the Illinois Liquor Control Commission in effect at the time of
application and at all times thereafter during which a video
gaming terminal is made available to the public for play at
that location. Video gaming terminals in a licensed location
shall be operated only during the same hours of operation
generally permitted to holders of a license under the Liquor
Control Act of 1934 within the unit of local government in
which they are located. A licensed truck stop establishment
that does not hold a liquor license may operate video gaming
terminals on a continuous basis. A licensed fraternal
establishment or licensed veterans establishment that does not
hold a liquor license may operate video gaming terminals if (i)
the establishment is located in a county with a population
between 6,500 and 7,000, based on the 2000 U.S. Census, (ii)
the county prohibits by ordinance the sale of alcohol, and
(iii) the establishment is in a portion of the county where the
sale of alcohol is prohibited.
(Source: P.A. 96-34, eff. 7-13-09.)
(230 ILCS 40/57)
Sec. 57. Insurance. Each terminal operator licensed
establishment, licensed truck stop establishment, licensed
fraternal establishment, and licensed veterans establishment

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shall maintain liability insurance on any gaming device that it
places in a licensed video gaming location on its premises in
an amount set by the Board.
(Source: P.A. 96-34, eff. 7-13-09.)
(230 ILCS 40/78)
Sec. 78. Authority of the Illinois Gaming Board.
(a) The Board shall have jurisdiction over and shall
supervise all gaming operations governed by this Act. The Board
shall have all powers necessary and proper to fully and
effectively execute the provisions of this Act, including, but
not limited to, the following:
(1) To investigate applicants and determine the
eligibility of applicants for licenses and to select among
competing applicants the applicants which best serve the
interests of the citizens of Illinois.
(2) To have jurisdiction and supervision over all video
gaming operations in this State and all persons in
establishments where video gaming operations are
conducted.
(3) To adopt rules for the purpose of administering the
provisions of this Act and to prescribe rules, regulations,
and conditions under which all video gaming in the State
shall be conducted. Such rules and regulations are to
provide for the prevention of practices detrimental to the
public interest and for the best interests of video gaming,

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including rules and regulations regarding the inspection
of such establishments and the review of any permits or
licenses necessary to operate an establishment under any
laws or regulations applicable to establishments and to
impose penalties for violations of this Act and its rules.
(b) The Within 60 days after the effective date of this
amendatory Act of the 96th General Assembly, the Board shall
adopt emergency rules to administer this Act in accordance with
Section 5-45 of the Illinois Administrative Procedure Act. For
the purposes of the Illinois Administrative Procedure Act, the
General Assembly finds that the adoption of rules to implement
this Act is deemed an emergency and necessary to the public
interest, safety, and welfare.
(Source: P.A. 96-38, eff. 7-13-09.)
Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
Section 99. Effective date. This Act takes effect upon
becoming law.