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


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

Download: Illinois-2021-SB0494-Introduced.html


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

SB0494LRB102 16125 SMS 21501 b
1 AN ACT concerning gaming.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Video Gaming Act is amended by changing
5Section 65 and by adding Section 90 as follows:
6 (230 ILCS 40/65)
7 Sec. 65. Fees. Except as provided in this Section, a
8non-home rule unit of government may not impose any fee for the
9operation of a video gaming terminal in excess of $25 per year.
10The City of Rockford may not impose any fee for the operation
11of a video gaming terminal in excess of $250 per year. Except
12as otherwise provided in this Section, a home rule
13municipality may not impose a fee for the operation of a video
14gaming terminal in excess of $250 per year; however, a home
15rule municipality that imposed a fee on the operation of a
16video gaming terminal on or before January 1, 2021 may retain
17its fee structure in place before January 1, 2021 but may not
18increase fees beyond the limit provided in this Section. This
19Section is a limitation under subsection (i) of Section 6 of
20Article VII of the Illinois Constitution on the concurrent
21exercise by home rule units of powers and functions exercised
22by the State.
23 The cost of any fee imposed under to this Section shall be

SB0494- 2 -LRB102 16125 SMS 21501 b
1shared equally between the terminal operator and the
2applicable licensed establishment, licensed veterans
3establishment, licensed truck stop establishment, licensed
4large truck stop establishment, or licensed fraternal
5establishment under this Act.
6(Source: P.A. 101-337, eff. 1-1-20.)
7 (230 ILCS 40/90 new)
8 Sec. 90. Exclusive regulation by State.
9 (a) The licensure, registration, and regulation of
10manufacturers, distributors, terminal operators, licensed
11technicians, licensed terminal handlers, licensed
12establishments, licensed veterans establishments, licensed
13truck stop establishments, licensed large truck stop
14establishments, and licensed fraternal establishments under
15this Act, and the imposition of fees and other charges under
16this Act in connection with such licensure, registration, and
17regulation, are exclusive powers and functions of the State.
18No home rule municipality or non-home rule unit may license,
19register, or otherwise regulate, or impose any type of fee or
20any other charge upon, a manufacturer, distributor, terminal
21operator, licensed technician, licensed terminal handler,
22licensed establishment, licensed veterans establishment,
23licensed truck stop establishment, licensed large truck stop
24establishment, or licensed fraternal establishment. This
25subsection (a) is a denial and limitation of home rule powers

SB0494- 3 -LRB102 16125 SMS 21501 b
1and functions under subsection (h) of Section 6 of Article VII
2of the Illinois Constitution.
3 (b) The licensure, registration, and regulation of video
4gaming terminals under this Act are exclusive powers and
5functions of the State. No home rule municipality or non-home
6rule unit may license, register, or otherwise regulate video
7gaming terminals. This subsection (b) is a denial and
8limitation of home rule powers and functions under subsection
9(h) of Section 6 of Article VII of the Illinois Constitution.
10 (c) No home rule municipality or non-home rule unit may
11impose any type of tax upon a: (i) manufacturer, distributor,
12terminal operator, licensed technician, licensed terminal
13handler, licensed establishment, licensed veterans
14establishment, licensed truck stop establishment, licensed
15large truck stop establishment, or licensed fraternal
16establishment or their respective authorized activities under
17this Act; (ii) video gaming terminal; (iii) user or player of
18any video gaming terminals; or (iv) other use, play, or
19operation of video gaming terminals authorized under this Act
20by any person or entity. This subsection (c) is a denial and
21limitation of home rule powers and functions under subsection
22(g) of Section 6 of Article VII of the Illinois Constitution.
feedback