Tuesday, February 22, 2011
 
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Gambling: hot topic at tonight's council meeting

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[February 22, 2011]  Tonight the Lincoln City Council will host a public hearing in the second-floor council chambers at City Hall to hear public opinion on the issue of whether or not to ban electronic video gaming in the city of Lincoln.

The hearing will commence at 6 p.m. and will wrap up at 7 so that the council can move on to their regular voting meeting for the week.

The council is expected to lay down a few ground rules for those who speak at the hearing.

In order to be recognized, speakers need to fill out the standard form that is now required in order to address the council. They will also be asked to keep their presentations brief, taking only three to five minutes at the most, so as to allow everyone an opportunity to speak.

In 2009, the Illinois General Assembly passed a number of public acts known as the "Capital Projects Acts."

Included in the Capital Projects Acts was Public Act 96-37, or the FY2010 Budget Implementation Act, generally called the "capital plan."

The capital plan outlined expenditures by the state of Illinois that would benefit counties and municipalities in their special projects. It also included an outline for a $12.84 billion Multi-Year Highway Improvement Program for fiscal 2011-2016.

The city of Lincoln was included in the capital plan and earmarked to receive more than $300,000 for various downtown projects as well $1,000,000 for the Fifth Street Road project.

Also incorporated into the Capital Projects Acts was Public Act 96-34, otherwise known as "an act concerning revenue." The act included a new provision for video gaming; increased sales tax on candy, "certain" beverages, grooming and hygiene products, wine, beer, alcohol and spirits; increased fines and fees related to vehicles; allowed 80,000-pound trucks on the roadways; allowed for the privatization of the Illinois Lottery; created a pilot program for purchasing lottery tickets online; and required the University of Illinois to conduct a study of the effect on Illinois families whose members purchase Illinois Lottery tickets.

Under the new law, the games that are currently in many local establishments and labeled "for entertainment purposes only" would be removed and replaced with machines that actually pay out cash to the player.

The law would make the old machines illegal, and establishments would have to make the choice of taking on the new machines, or doing away with video gaming in their businesses.

The switch to the new machines was originally slated to occur in midyear 2010. However through a series of incidents involving problems with the production of the machines, glitches in a centralized state computer that would attach to the new games, and questions regarding the process used to award bids, the act was put on hold for one year.

As it stands now, the old machines will become illegal in midyear 2011, and new cash-paying machines will take over in local establishments, if the owners and the city go along with it.

The law allows for municipalities to ban video gaming inside their city limits, but cities need to do this before the new law actually takes effect. If municipalities do not ban the machines, then, according to the law, they are implying their consent and will have no future recourse.

On Jan. 25, the Lincoln City Council decided to conduct a public hearing regarding this issue, but within just a few short days, it appeared that it could be a mute point.

On Jan. 27 the state's Appellate Court ruled on a complaint filed by W. Rockwell "Rocky" Wirtz of Wirtz Corp. of Chicago, which stated that the two public acts referred to as "an act concerning revenue" and the "capital plan" were unrelated and therefore unconstitutional.

Wirtz Corp. of Chicago holds interests in several industries, including banking, real estate, insurance, sports, entertainment and wholesale distribution throughout the United States. The corporation owns Wirtz Beverage Illinois as well as similar distributorships in Iowa, Minnesota, Nevada and Wisconsin. Rocky Wirtz is also the owner of an NHL hockey team, the Chicago Blackhawks.

For Wirtz, the parts of the acts that they were hoping to block were those that involved increased taxes on wine and beer.

However, within hours Attorney General Lisa Madigan called for a stay on the Appellate Court ruling that she received Feb. 1.

The state will file an official appeal to the ruling, which will state that the two acts combined are related because they both address funding for infrastructure projects.

If they win, the video gaming law will remain in effect; if they lose, the state will have to go back to the beginning and start over on this as well as several other items included in the original acts.

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In a recent publication of Vending Times, a representative of House Speaker Michael Madigan said it is expected that the state Supreme Court will eventually find there are no violations of constitutional law.

While the law has seemingly been plagued with problems and delays since its passing, the time that has passed has allowed opponents of the act as well as proponents to sharpen their pencils and put down some very impressive statistics on the outcome of legalizing video gaming (i.e., gambling).

In October of last year the Lincoln City Council heard from Anita Bedell, executive director of the Illinois Church Action on Alcohol & Addiction Problems out of Springfield, who spoke out against video gaming.

On Jan. 25 they heard from Rebecca VanNydeggen of The Salvation Army, also opposing the new machines.

In addition, Al Eckhoff came before the council representing Hartley Amusements of Peoria in April of last year, speaking in favor of the machines.

According to Mayor Keith Snyder, the Tuesday night hearing will have at least one representative from Hartley there to speak as well as representatives from Best Gaming LLC out of Springfield.

Snyder said that in a meeting with Best Gaming representatives, they stated they expected other gaming interests to be present for the hearing as well.

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As members of coalitions such as Back to Work Illinois and Illinois Coalition for Employment and Business Growth, these gaming representatives may very well spend at least a portion of their time speaking on job creation through the gaming act and the effect that will have on the local economy and local families.

At his Sunday morning church service, the Rev. Dustin Fulton of Jefferson Street Christian Church said he wanted to encourage parishioners to support banning video gaming in Lincoln.

In a conversation Monday afternoon with LDN, Fulton said he was not conducting an official sign-up for people to attend, but he had talked to several after the service who expressed their interest.

"As a church, we stand for families and do things that bless families," Fulton said. "We do not believe that legalized gambling will bless families."

In addition to industry representatives and special groups, city aldermen are hoping for a good turnout of local residents for tonight's meetings, as they seek to do what is best for the city and their constituents.

[By NILA SMITH]

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