Rep. Lou Lang
Filed: 2/25/2013
 
 

 

 

 
09800HB1140ham001LRB098 07314 AMC 40894 a



1
AMENDMENT TO HOUSE BILL 1140 




2    AMENDMENT NO. ______. Amend House Bill 1140 by replacing 
3everything after the enacting clause with the following:

 
4    "Section 5. The Video Gaming
Act is amended  by changing 
5Section 35 as follows:
 
6    (230 ILCS 40/35)

7    Sec. 35. Display of license; confiscation; violation as 
8felony.  
9    (a)  Each
video gaming terminal shall be licensed by the 
10Board before placement
or operation on the premises of a 
11licensed establishment, licensed truck stop
establishment, 
12licensed
fraternal establishment, or licensed veterans 
13establishment.  The license of
each video gaming terminal shall 
14be maintained
at the location where the video gaming terminal 
15is operated.  Failure to do so
is a petty offense with a fine

16not to exceed $100.
Any licensed establishment, licensed truck 
 
 
09800HB1140ham001- 2 -LRB098 07314 AMC 40894 a

1stop establishment, licensed
fraternal establishment, or 
2licensed
veterans establishment
used for the conduct of 
3gambling games in violation of this Act shall be
considered a 
4gambling place in violation of Section 28-3 of the Criminal

5Code of 2012.  Every gambling device found in
a licensed 
6establishment, licensed truck stop establishment, licensed 
7fraternal
establishment, or licensed
veterans establishment 
8operating gambling games in violation of this
Act shall be 
9subject to seizure, confiscation, and destruction as provided

10in Section 28-5 of the Criminal Code of 2012.
Any license 
11issued under the Liquor Control Act
of 1934 to any owner or 
12operator of a licensed establishment, licensed truck
stop 
13establishment, licensed
fraternal establishment, or licensed 
14veterans establishment that operates or
permits the operation 
15of a video gaming terminal within its establishment in

16violation of this Act shall be immediately revoked.
No person 
17may own, operate, have in his or her possession or custody or 
18under
his or her control, or permit to be kept in any place 
19under his or her
possession or control, any
device that awards 
20credits and contains a circuit, meter, or switch capable of

21removing and recording the removal of credits when the award of 
22credits is
dependent upon chance.  
23    Nothing in this Section shall be deemed to prohibit the use 
24of a game device only if the game device is used in an activity 
25that is not gambling under subsection (b) of Section 28-1 of 
26the Criminal Code of 2012.  
 
 
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1    A violation of this Section is a Class 4 felony.  All

2devices that are owned, operated, or possessed in violation of 
3this Section are
hereby declared to be public nuisances and 
4shall be subject to seizure,
confiscation, and destruction as 
5provided in Section 28-5 of the Criminal Code
of 2012.

6    The provisions of this Section do not apply to devices or 
7electronic video
game terminals licensed pursuant to this Act. 
8A video gaming terminal operated for amusement only and bearing 
9a valid amusement tax sticker shall not be subject to this 
10Section until 30 days after the Board establishes that the 
11central communications system is functional. 


12    (b) (1) The odds of winning each video game shall be posted 
13on or near each video gaming terminal.  The manner in which the 
14odds are calculated and how they are posted shall be determined 
15by the Board by rule.
16    (2) No video gaming terminal licensed under this Act may be 
17played except during the legal hours of operation allowed for 
18the consumption of alcoholic beverages at the licensed 
19establishment, licensed fraternal establishment, or licensed 
20veterans establishment.  A licensed establishment, licensed 
21fraternal establishment, or licensed veterans establishment 
22that violates this subsection is subject to termination of its 
23license by the Board. 
24(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 
2596-1410, eff. 7-30-10; 97-1150, eff. 1-25-13.)".