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Thursday, November 11, 2021

Update on Veto Session Bills Sent to the Governor

After a much-needed vacation, Municipal Minute is back. We have a few recent bills to report on today and tomorrow.

General Assembly Passes Several Bills During Fall Veto Session

The Illinois General Assembly met for its annual Fall Veto Session last month. Despite its name, there were no vetoed bills for the General Assembly to attempt to override—instead, members considered and passed several new bills which will be sent to Governor Pritzker for consideration.

SB 1169 Would Amend the Health Care Right of Conscience Act

SB 1169, which started as a bill to provide a technical amendment to the Pyrotechnic Use Act, was passed by both houses of the General Assembly as a completely different bill. The bill passed both houses on October 28th as an amendment to the Health Care Right of Conscience Act (HCRCA), which generally protects an individual’s right to refuse to obtain, receive, or accept medical treatment without facing discrimination based on their medical decisions. The amendment provides an explicit exception to the Act by stating that any person, public official, employer, institution, or other entity may impose requirements that are intended to prevent the contraction or transmission of COVID-19 or “its subsequent iterations." The bill has been formulated as a “declaration of existing law."

HB 3136 Would Create Gaming Omnibus Law

The General Assembly passed HB 3136, the omnibus gaming legislation, on October 28th. While the bill is long and incorporates several different changes to the Illinois Horse Racing Act of 1975, the Illinois Gambling Act, the Raffles and Poker Runs Act, and the Video Gaming Act, we want to provide an update of the legislative changes to video gaming that most greatly impact local government and municipalities’ regulatory authority.

The bill allows non-home-rule units of local government to impose an annual video gaming terminal fee of $250 (previous cap was $25). The bill does not restrict the authority of home rule municipalities to charge terminal fees in excess of the statutory cap, which was previously upheld by an Illinois Appellate Court. The fees imposed by home-rule and non-home-rule units of local government must be shared equally between the gaming terminal operator and the licensed establishment where the terminal is being operated. The bill also curtails the taxing power of units of local government with regard to video gaming—municipalities may not impose taxes on the following entities or persons:

  • manufacturers, distributors, terminal operators, licensed technicians, licensed terminal handlers, licensed establishments, licensed veterans establishments, licensed truck stop establishments, licensed fraternal establishments, or their authorized activities under the Video Gaming Act; 
  • video gaming terminals;
  • users or players of video gaming terminals; or
  • other uses, play, or operations of video gaming terminals by any person or entity.

Municipalities that have already adopted an ordinance to impose an amusement tax on any of the above entities can continue to impose those taxes, so long as the ordinance was adopted prior to November 1, 2021. However, a municipality that has adopted that type of tax cannot increase, expand, or extend the tax or enact a new tax on persons participating in video gaming.

Post Authored by Erin Monforti & Julie Tappendorf, Ancel Glink


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