HB5186 93RD GENERAL ASSEMBLY

LRB093 14725 LRD 40270 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB5186

Introduced 02/05/04, by Donald L. Moffitt

SYNOPSIS AS INTRODUCED:

230 ILCS 5/34.2 new
230 ILCS 10/13.2 new
230 ILCS 10/18	from Ch. 120, par. 2418

Amends the Illinois Horse Racing Act of 1975 and the Riverboat Gambling Act. Provides that organization licensees and owners licensees that use a system to track bettors for the purpose of granting rewards to those bettors must transmit a monthly statement to those bettors showing their net winnings or losses for the previous month. Failure of a licensee to transmit a statement is a Class B misdemeanor. Effective immediately.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning gaming.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Horse Racing Act of 1975 is amended by adding Section 34.2 as follows:

(230 ILCS 5/34.2 new)

Sec. 34.2. Statement of winnings and losses. Beginning September 1, 2005, any organization licensee that uses a casino identification system to track a person's betting record at any wagering facility operated by the organization licensee must prepare a statement showing the person's net winnings or losses at the organization licensee's facilities. The organization licensee must transmit a copy of the statement to the person, either by mail or by electronic means, on or before October 5, 2005 and monthly thereafter. The statement must contain a spreadsheet document that shows the person's net winnings or losses at the organization licensee's facility during the previous month. Failure by an organization licensee to transmit a statement required under this Section is a Class B misdemeanor.

For the purposes of this Section 34.2, the term "casino identification system" means a system to identify certain bettors at an organization licensee's wagering facilities for the purpose of granting rewards to those bettors that include, but are not limited to, discounts, gifts, or anything else of value.

Section 10. The Riverboat Gambling Act is amended by adding Section 13.2 and changing Section 18 as follows:

(230 ILCS 10/13.2 new)

Sec. 13.2. Statement of winnings and losses. Beginning September 1, 2005, any owners licensee that uses a casino identification system to track a person's betting record at any riverboat operated by the owners licensee must prepare a statement showing the person's net winnings or losses at the owners licensee's riverboats. The owners licensee must transmit a copy of the statement to the person, either by mail or by electronic means, on or before October 5, 2005 and monthly thereafter. The statement must contain a spreadsheet document that shows the person's net winnings or losses at the owners licensee's riverboats during the previous month.

For the purposes of this Section 13.2, the term "casino identification system" means a system to identify certain bettors at an owners licensee's riverboats for the purpose of granting rewards to those bettors that include, but are not limited to, discounts, gifts, or anything else of value.

(230 ILCS 10/18) (from Ch. 120, par. 2418)

Sec. 18. Prohibited Activities - Penalty.

(a) A person is guilty of a Class A misdemeanor for doing any of the following:

(1) Conducting gambling where wagering is used or to be used without a license issued by the Board.

(2) Conducting gambling where wagering is permitted other than in the manner specified by Section 11.

(b) A person is guilty of a Class B misdemeanor for doing any of the following:

(1) permitting a person under 21 years to make a wager; or

(2) violating paragraph (12) of subsection (a) of Section 11 of this Act; or

(3) violating Section 13.2 of this Act.

(c) A person wagering or accepting a wager at any location outside the riverboat is subject to the penalties in paragraphs (1) or (2) of subsection (a) of Section 28-1 of the Criminal Code of 1961.

(d) A person commits a Class 4 felony and, in addition, shall be barred for life from riverboats under the jurisdiction of the Board, if the person does any of the following:

(1) Offers, promises, or gives anything of value or benefit to a person who is connected with a riverboat owner including, but not limited to, an officer or employee of a licensed owner or holder of an occupational license pursuant to an agreement or arrangement or with the intent that the promise or thing of value or benefit will influence the actions of the person to whom the offer, promise, or gift was made in order to affect or attempt to affect the outcome of a gambling game, or to influence official action of a member of the Board.

(2) Solicits or knowingly accepts or receives a promise of anything of value or benefit while the person is connected with a riverboat including, but not limited to, an officer or employee of a licensed owner, or holder of an occupational license, pursuant to an understanding or arrangement or with the intent that the promise or thing of value or benefit will influence the actions of the person to affect or attempt to affect the outcome of a gambling game, or to influence official action of a member of the Board.

(3) Uses or possesses with the intent to use a device to assist:

(i) In projecting the outcome of the game.

(ii) In keeping track of the cards played.

(iii) In analyzing the probability of the occurrence of an event relating to the gambling game.

(iv) In analyzing the strategy for playing or betting to be used in the game except as permitted by the Board.

(4) Cheats at a gambling game.

(5) Manufactures, sells, or distributes any cards, chips, dice, game or device which is intended to be used to violate any provision of this Act.

(6) Alters or misrepresents the outcome of a gambling game on which wagers have been made after the outcome is made sure but before it is revealed to the players.

(7) Places a bet after acquiring knowledge, not available to all players, of the outcome of the gambling game which is subject of the bet or to aid a person in acquiring the knowledge for the purpose of placing a bet contingent on that outcome.

(8) Claims, collects, or takes, or attempts to claim, collect, or take, money or anything of value in or from the gambling games, with intent to defraud, without having made a wager contingent on winning a gambling game, or claims, collects, or takes an amount of money or thing of value of greater value than the amount won.

(9) Uses counterfeit chips or tokens in a gambling game.

(10) Possesses any key or device designed for the purpose of opening, entering, or affecting the operation of a gambling game, drop box, or an electronic or mechanical device connected with the gambling game or for removing coins, tokens, chips or other contents of a gambling game. This paragraph (10) does not apply to a gambling licensee or employee of a gambling licensee acting in furtherance of the employee's employment.

(e) The possession of more than one of the devices described in subsection (d), paragraphs (3), (5) or (10) permits a rebuttable presumption that the possessor intended to use the devices for cheating.

An action to prosecute any crime occurring on a riverboat shall be tried in the county of the dock at which the riverboat is based.

(Source: P.A. 91-40, eff. 6-25-99.)

Section 99. Effective date. This Act takes effect upon becoming law.