Bill Text: IL SB0494 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Video Gaming Act. Provides that a home rule municipality may not impose a fee for the operation of a video gaming terminal in excess of $250 per year; however, a home rule municipality that imposed a fee on the operation of a video gaming terminal on or before January 1, 2021 may retain its fee structure in place before January 1, 2021 but may not increase fees beyond the limit provided. Provides that the cost of any fee for the operation of a video gaming terminal shall be shared equally between the terminal operator and the applicable establishment authorized to conduct video gaming under the Act. Provides that the licensure, registration, regulation of video gaming, and the imposition of fees and other charges under the Act in connection with licensure, registration, and regulation, are exclusive powers and functions of the State. Provides that no home rule municipality or non-home rule unit may license, register, or otherwise regulate, or impose any type of fee or any other charge upon, a manufacturer, distributor, terminal operator, licensed technician, licensed terminal handler, licensed establishment, licensed veterans establishment, licensed truck stop establishment, licensed large truck stop establishment, or licensed fraternal establishment. Prohibits a home rule municipality or non-home rule unit from imposing any type of tax upon licensees, occupations, and other activities authorized under the Act.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-04-16 - Rule 3-9(a) / Re-referred to Assignments [SB0494 Detail]

Download: Illinois-2021-SB0494-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB0494 Introduced 2/23/2021, by Sen. Dave Syverson SYNOPSIS AS INTRODUCED:
230 ILCS 40/65
230 ILCS 40/90 new
Amends the Video Gaming Act. Provides that a home rule municipality may not impose a fee for the operation of a video gaming terminal in excess of $250 per year; however, a home rule municipality that imposed a fee on the operation of a video gaming terminal on or before January 1, 2021 may retain its fee structure in place before January 1, 2021 but may not increase fees beyond the limit provided. Provides that the cost of any fee for the operation of a video gaming terminal shall be shared equally between the terminal operator and the applicable establishment authorized to conduct video gaming under the Act. Provides that the licensure, registration, regulation of video gaming, and the imposition of fees and other charges under the Act in connection with licensure, registration, and regulation, are exclusive powers and functions of the State. Provides that no home rule municipality or non-home rule unit may license, register, or otherwise regulate, or impose any type of fee or any other charge upon, a manufacturer, distributor, terminal operator, licensed technician, licensed terminal handler, licensed establishment, licensed veterans establishment, licensed truck stop establishment, licensed large truck stop establishment, or licensed fraternal establishment. Prohibits a home rule municipality or non-home rule unit from imposing any type of tax upon licensees, occupations, and other activities authorized under the Act.
LRB102 16125 SMS 21501 b
FISCAL NOTE ACT MAY APPLY HOME RULE NOTE ACT MAY APPLY
A BILL FOR
SB0494 LRB102 16125 SMS 21501 b
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 65 and by adding Section 90 as follows:
(230 ILCS 40/65)
Sec. 65. Fees. Except as provided in this Section, a
non-home rule unit of government may not impose any fee for the
operation of a video gaming terminal in excess of $25 per year.
The City of Rockford may not impose any fee for the operation
of a video gaming terminal in excess of $250 per year. Except
as otherwise provided in this Section, a home rule
municipality may not impose a fee for the operation of a video
gaming terminal in excess of $250 per year; however, a home
rule municipality that imposed a fee on the operation of a
video gaming terminal on or before January 1, 2021 may retain
its fee structure in place before January 1, 2021 but may not
increase fees beyond the limit provided in this Section. This
Section is a limitation under subsection (i) of Section 6 of
Article VII of the Illinois Constitution on the concurrent
exercise by home rule units of powers and functions exercised
by the State.
The cost of any fee imposed under to this Section shall be

SB0494 - 2 - LRB102 16125 SMS 21501 b
shared equally between the terminal operator and the
applicable licensed establishment, licensed veterans
establishment, licensed truck stop establishment, licensed
large truck stop establishment, or licensed fraternal
establishment under this Act.
(Source: P.A. 101-337, eff. 1-1-20.)
(230 ILCS 40/90 new)
Sec. 90. Exclusive regulation by State.
(a) The licensure, registration, and regulation of
manufacturers, distributors, terminal operators, licensed
technicians, licensed terminal handlers, licensed
establishments, licensed veterans establishments, licensed
truck stop establishments, licensed large truck stop
establishments, and licensed fraternal establishments under
this Act, and the imposition of fees and other charges under
this Act in connection with such licensure, registration, and
regulation, are exclusive powers and functions of the State.
No home rule municipality or non-home rule unit may license,
register, or otherwise regulate, or impose any type of fee or
any other charge upon, a manufacturer, distributor, terminal
operator, licensed technician, licensed terminal handler,
licensed establishment, licensed veterans establishment,
licensed truck stop establishment, licensed large truck stop
establishment, or licensed fraternal establishment. This
subsection (a) is a denial and limitation of home rule powers

SB0494 - 3 - LRB102 16125 SMS 21501 b
and functions under subsection (h) of Section 6 of Article VII
of the Illinois Constitution.
(b) The licensure, registration, and regulation of video
gaming terminals under this Act are exclusive powers and
functions of the State. No home rule municipality or non-home
rule unit may license, register, or otherwise regulate video
gaming terminals. This subsection (b) is a denial and
limitation of home rule powers and functions under subsection
(h) of Section 6 of Article VII of the Illinois Constitution.
(c) No home rule municipality or non-home rule unit may
impose any type of tax upon a: (i) manufacturer, distributor,
terminal operator, licensed technician, licensed terminal
handler, licensed establishment, licensed veterans
establishment, licensed truck stop establishment, licensed
large truck stop establishment, or licensed fraternal
establishment or their respective authorized activities under
this Act; (ii) video gaming terminal; (iii) user or player of
any video gaming terminals; or (iv) other use, play, or
operation of video gaming terminals authorized under this Act
by any person or entity. This subsection (c) is a denial and
limitation of home rule powers and functions under subsection
(g) of Section 6 of Article VII of the Illinois Constitution.