SB0516 EngrossedLRB101 04277 SMS 49285 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 Riverboat Gambling Act is amended by
5changing Sections 2, 3, 4, 5, 5.1, 6, 7, 7.3, 8, 9, 11, 11.1,
612, 13, 18, 18.1, 19, and 20 as follows:
 
7    (230 ILCS 10/2)  (from Ch. 120, par. 2402)
8    Sec. 2. Legislative Intent.
9    (a) This Act is intended to benefit the people of the State
10of Illinois by assisting economic development and promoting
11Illinois tourism and by increasing the amount of revenues
12available to the State to assist and support education.
13    (b) While authorization of riverboat and casino gambling
14will enhance investment, development and tourism in Illinois,
15it is recognized that it will do so successfully only if public
16confidence and trust in the credibility and integrity of the
17gambling operations and the regulatory process is maintained.
18Therefore, regulatory provisions of this Act are designed to
19strictly regulate the facilities, persons, associations and
20practices related to gambling operations pursuant to the police
21powers of the State, including comprehensive law enforcement
22supervision.
23    (c) The Illinois Gaming Board established under this Act

 

 

SB0516 Engrossed- 2 -LRB101 04277 SMS 49285 b

1should, as soon as possible, inform each applicant for an
2owners license of the Board's intent to grant or deny a
3license.
4(Source: P.A. 93-28, eff. 6-20-03.)
 
5    (230 ILCS 10/3)  (from Ch. 120, par. 2403)
6    Sec. 3. Riverboat Gambling Authorized.
7    (a) Riverboat and casino gambling operations and the system
8of wagering incorporated therein, as defined in this Act, are
9hereby authorized to the extent that they are carried out in
10accordance with the provisions of this Act.
11    (b) This Act does not apply to the pari-mutuel system of
12wagering used or intended to be used in connection with the
13horse-race meetings as authorized under the Illinois Horse
14Racing Act of 1975, lottery games authorized under the Illinois
15Lottery Law, bingo authorized under the Bingo License and Tax
16Act, charitable games authorized under the Charitable Games Act
17or pull tabs and jar games conducted under the Illinois Pull
18Tabs and Jar Games Act.
19    (c) Riverboat gambling conducted pursuant to this Act may
20be authorized upon any water within the State of Illinois or
21any water other than Lake Michigan which constitutes a boundary
22of the State of Illinois. A licensee may conduct riverboat
23gambling authorized under this Act regardless of whether it
24conducts excursion cruises. A licensee may permit the
25continuous ingress and egress of passengers for the purpose of

 

 

SB0516 Engrossed- 3 -LRB101 04277 SMS 49285 b

1gambling.
2(Source: P.A. 91-40, eff. 6-25-99.)
 
3    (230 ILCS 10/4)  (from Ch. 120, par. 2404)
4    Sec. 4. Definitions. As used in this Act:
5    (a) "Board" means the Illinois Gaming Board.
6    (b) "Occupational license" means a license issued by the
7Board to a person or entity to perform an occupation which the
8Board has identified as requiring a license to engage in
9riverboat gambling or casino gambling in Illinois.
10    (c) "Gambling game" includes, but is not limited to,
11baccarat, twenty-one, poker, craps, slot machine, video game of
12chance, roulette wheel, klondike table, punchboard, faro
13layout, keno layout, numbers ticket, push card, jar ticket, or
14pull tab which is authorized by the Board as a wagering device
15under this Act.
16    (d) "Riverboat" means a self-propelled excursion boat, a
17permanently moored barge, or permanently moored barges that are
18permanently fixed together to operate as one vessel, on which
19lawful gambling is authorized and licensed as provided in this
20Act.
21    (e) "Managers license" means a license issued by the Board
22to a person or entity to manage gambling operations conducted
23by the State pursuant to Section 7.3.
24    (f) "Dock" means the location where a riverboat moors for
25the purpose of embarking passengers for and disembarking

 

 

SB0516 Engrossed- 4 -LRB101 04277 SMS 49285 b

1passengers from the riverboat.
2    (g) "Gross receipts" means the total amount of money
3exchanged for the purchase of chips, tokens, or electronic
4cards by riverboat patrons.
5    (h) "Adjusted gross receipts" means the gross receipts less
6winnings paid to wagerers.
7    (i) "Cheat" means to alter the selection of criteria which
8determine the result of a gambling game or the amount or
9frequency of payment in a gambling game.
10    (j) (Blank).
11    (k) "Gambling operation" means the conduct of authorized
12gambling games authorized under this Act upon a riverboat or in
13a casino.
14    (l) "License bid" means the lump sum amount of money that
15an applicant bids and agrees to pay the State in return for an
16owners license that is re-issued on or after July 1, 2003.
17    (m) The terms "minority person", "woman", and "person with
18a disability" shall have the same meaning as defined in Section
192 of the Business Enterprise for Minorities, Women, and Persons
20with Disabilities Act.
21    "Casino" means a facility at which lawful gambling is
22authorized as provided in this Act.
23    "Owners license" means a license to conduct riverboat or
24casino gambling operations.
25    "Licensed owner" means a person who holds an owners
26license.

 

 

SB0516 Engrossed- 5 -LRB101 04277 SMS 49285 b

1(Source: P.A. 100-391, eff. 8-25-17.)
 
2    (230 ILCS 10/5)  (from Ch. 120, par. 2405)
3    Sec. 5. Gaming Board.
4    (a) (1) There is hereby established the Illinois Gaming
5Board, which shall have the powers and duties specified in this
6Act, and all other powers necessary and proper to fully and
7effectively execute this Act for the purpose of administering,
8regulating, and enforcing the system of riverboat and casino
9gambling established by this Act. Its jurisdiction shall extend
10under this Act to every person, association, corporation,
11partnership and trust involved in riverboat and casino gambling
12operations in the State of Illinois.
13    (2) The Board shall consist of 5 members to be appointed by
14the Governor with the advice and consent of the Senate, one of
15whom shall be designated by the Governor to be chairperson
16chairman. Each member shall have a reasonable knowledge of the
17practice, procedure and principles of gambling operations.
18Each member shall either be a resident of Illinois or shall
19certify that he or she will become a resident of Illinois
20before taking office. At least one member shall be experienced
21in law enforcement and criminal investigation, at least one
22member shall be a certified public accountant experienced in
23accounting and auditing, and at least one member shall be a
24lawyer licensed to practice law in Illinois.
25    (3) The terms of office of the Board members shall be 3

 

 

SB0516 Engrossed- 6 -LRB101 04277 SMS 49285 b

1years, except that the terms of office of the initial Board
2members appointed pursuant to this Act will commence from the
3effective date of this Act and run as follows: one for a term
4ending July 1, 1991, 2 for a term ending July 1, 1992, and 2 for
5a term ending July 1, 1993. Upon the expiration of the
6foregoing terms, the successors of such members shall serve a
7term for 3 years and until their successors are appointed and
8qualified for like terms. Vacancies in the Board shall be
9filled for the unexpired term in like manner as original
10appointments. Each member of the Board shall be eligible for
11reappointment at the discretion of the Governor with the advice
12and consent of the Senate.
13    (4) Each member of the Board shall receive $300 for each
14day the Board meets and for each day the member conducts any
15hearing pursuant to this Act. Each member of the Board shall
16also be reimbursed for all actual and necessary expenses and
17disbursements incurred in the execution of official duties.
18    (5) No person shall be appointed a member of the Board or
19continue to be a member of the Board who is, or whose spouse,
20child or parent is, a member of the board of directors of, or a
21person financially interested in, any gambling operation
22subject to the jurisdiction of this Board, or any race track,
23race meeting, racing association or the operations thereof
24subject to the jurisdiction of the Illinois Racing Board. No
25Board member shall hold any other public office. No person
26shall be a member of the Board who is not of good moral

 

 

SB0516 Engrossed- 7 -LRB101 04277 SMS 49285 b

1character or who has been convicted of, or is under indictment
2for, a felony under the laws of Illinois or any other state, or
3the United States.
4    (5.5) No member of the Board shall engage in any political
5activity. For the purposes of this Section, "political" means
6any activity in support of or in connection with any campaign
7for federal, State, or local elective office or any political
8organization, but does not include activities (i) relating to
9the support or opposition of any executive, legislative, or
10administrative action (as those terms are defined in Section 2
11of the Lobbyist Registration Act), (ii) relating to collective
12bargaining, or (iii) that are otherwise in furtherance of the
13person's official State duties or governmental and public
14service functions.
15    (6) Any member of the Board may be removed by the Governor
16for neglect of duty, misfeasance, malfeasance, or nonfeasance
17in office or for engaging in any political activity.
18    (7) Before entering upon the discharge of the duties of his
19office, each member of the Board shall take an oath that he
20will faithfully execute the duties of his office according to
21the laws of the State and the rules and regulations adopted
22therewith and shall give bond to the State of Illinois,
23approved by the Governor, in the sum of $25,000. Every such
24bond, when duly executed and approved, shall be recorded in the
25office of the Secretary of State. Whenever the Governor
26determines that the bond of any member of the Board has become

 

 

SB0516 Engrossed- 8 -LRB101 04277 SMS 49285 b

1or is likely to become invalid or insufficient, he shall
2require such member forthwith to renew his bond, which is to be
3approved by the Governor. Any member of the Board who fails to
4take oath and give bond within 30 days from the date of his
5appointment, or who fails to renew his bond within 30 days
6after it is demanded by the Governor, shall be guilty of
7neglect of duty and may be removed by the Governor. The cost of
8any bond given by any member of the Board under this Section
9shall be taken to be a part of the necessary expenses of the
10Board.
11    (7.5) For the examination of all mechanical,
12electromechanical, or electronic table games, slot machines,
13slot accounting systems, and other electronic gaming equipment
14for compliance with this Act, the Board may utilize the
15services of one or more independent outside testing
16laboratories that have been accredited by a national
17accreditation body and that, in the judgment of the Board, are
18qualified to perform such examinations.
19    (8) The Board shall employ such personnel as may be
20necessary to carry out its functions and shall determine the
21salaries of all personnel, except those personnel whose
22salaries are determined under the terms of a collective
23bargaining agreement. No person shall be employed to serve the
24Board who is, or whose spouse, parent or child is, an official
25of, or has a financial interest in or financial relation with,
26any operator engaged in gambling operations within this State

 

 

SB0516 Engrossed- 9 -LRB101 04277 SMS 49285 b

1or any organization engaged in conducting horse racing within
2this State. Any employee violating these prohibitions shall be
3subject to termination of employment.
4    (9) An Administrator shall perform any and all duties that
5the Board shall assign him. The salary of the Administrator
6shall be determined by the Board and, in addition, he shall be
7reimbursed for all actual and necessary expenses incurred by
8him in discharge of his official duties. The Administrator
9shall keep records of all proceedings of the Board and shall
10preserve all records, books, documents and other papers
11belonging to the Board or entrusted to its care. The
12Administrator shall devote his full time to the duties of the
13office and shall not hold any other office or employment.
14    (b) The Board shall have general responsibility for the
15implementation of this Act. Its duties include, without
16limitation, the following:
17        (1) To decide promptly and in reasonable order all
18    license applications. Any party aggrieved by an action of
19    the Board denying, suspending, revoking, restricting or
20    refusing to renew a license may request a hearing before
21    the Board. A request for a hearing must be made to the
22    Board in writing within 5 days after service of notice of
23    the action of the Board. Notice of the action of the Board
24    shall be served either by personal delivery or by certified
25    mail, postage prepaid, to the aggrieved party. Notice
26    served by certified mail shall be deemed complete on the

 

 

SB0516 Engrossed- 10 -LRB101 04277 SMS 49285 b

1    business day following the date of such mailing. The Board
2    shall conduct all requested hearings promptly and in
3    reasonable order;
4        (2) To conduct all hearings pertaining to civil
5    violations of this Act or rules and regulations promulgated
6    hereunder;
7        (3) To promulgate such rules and regulations as in its
8    judgment may be necessary to protect or enhance the
9    credibility and integrity of gambling operations
10    authorized by this Act and the regulatory process
11    hereunder;
12        (4) To provide for the establishment and collection of
13    all license and registration fees and taxes imposed by this
14    Act and the rules and regulations issued pursuant hereto.
15    All such fees and taxes shall be deposited into the State
16    Gaming Fund;
17        (5) To provide for the levy and collection of penalties
18    and fines for the violation of provisions of this Act and
19    the rules and regulations promulgated hereunder. All such
20    fines and penalties shall be deposited into the Education
21    Assistance Fund, created by Public Act 86-0018, of the
22    State of Illinois;
23        (6) To be present through its inspectors and agents any
24    time gambling operations are conducted on any riverboat or
25    in any casino for the purpose of certifying the revenue
26    thereof, receiving complaints from the public, and

 

 

SB0516 Engrossed- 11 -LRB101 04277 SMS 49285 b

1    conducting such other investigations into the conduct of
2    the gambling games and the maintenance of the equipment as
3    from time to time the Board may deem necessary and proper;
4        (7) To review and rule upon any complaint by a licensee
5    regarding any investigative procedures of the State which
6    are unnecessarily disruptive of gambling operations. The
7    need to inspect and investigate shall be presumed at all
8    times. The disruption of a licensee's operations shall be
9    proved by clear and convincing evidence, and establish
10    that: (A) the procedures had no reasonable law enforcement
11    purposes, and (B) the procedures were so disruptive as to
12    unreasonably inhibit gambling operations;
13        (8) To hold at least one meeting each quarter of the
14    fiscal year. In addition, special meetings may be called by
15    the Chairman or any 2 Board members upon 72 hours written
16    notice to each member. All Board meetings shall be subject
17    to the Open Meetings Act. Three members of the Board shall
18    constitute a quorum, and 3 votes shall be required for any
19    final determination by the Board. The Board shall keep a
20    complete and accurate record of all its meetings. A
21    majority of the members of the Board shall constitute a
22    quorum for the transaction of any business, for the
23    performance of any duty, or for the exercise of any power
24    which this Act requires the Board members to transact,
25    perform or exercise en banc, except that, upon order of the
26    Board, one of the Board members or an administrative law

 

 

SB0516 Engrossed- 12 -LRB101 04277 SMS 49285 b

1    judge designated by the Board may conduct any hearing
2    provided for under this Act or by Board rule and may
3    recommend findings and decisions to the Board. The Board
4    member or administrative law judge conducting such hearing
5    shall have all powers and rights granted to the Board in
6    this Act. The record made at the time of the hearing shall
7    be reviewed by the Board, or a majority thereof, and the
8    findings and decision of the majority of the Board shall
9    constitute the order of the Board in such case;
10        (9) To maintain records which are separate and distinct
11    from the records of any other State board or commission.
12    Such records shall be available for public inspection and
13    shall accurately reflect all Board proceedings;
14        (10) To file a written annual report with the Governor
15    on or before July 1 each year and such additional reports
16    as the Governor may request. The annual report shall
17    include a statement of receipts and disbursements by the
18    Board, actions taken by the Board, and any additional
19    information and recommendations which the Board may deem
20    valuable or which the Governor may request;
21        (11) (Blank);
22        (12) (Blank);
23        (13) To assume responsibility for administration and
24    enforcement of the Video Gaming Act; and
25        (14) To adopt, by rule, a code of conduct governing
26    Board members and employees that ensure, to the maximum

 

 

SB0516 Engrossed- 13 -LRB101 04277 SMS 49285 b

1    extent possible, that persons subject to this Code avoid
2    situations, relationships, or associations that may
3    represent or lead to a conflict of interest.
4    (c) The Board shall have jurisdiction over and shall
5supervise all gambling operations governed by this Act. The
6Board shall have all powers necessary and proper to fully and
7effectively execute the provisions of this Act, including, but
8not limited to, the following:
9        (1) To investigate applicants and determine the
10    eligibility of applicants for licenses and to select among
11    competing applicants the applicants which best serve the
12    interests of the citizens of Illinois.
13        (2) To have jurisdiction and supervision over all
14    riverboat gambling operations authorized under this Act in
15    this State and all persons in places on riverboats where
16    gambling operations are conducted.
17        (3) To promulgate rules and regulations for the purpose
18    of administering the provisions of this Act and to
19    prescribe rules, regulations and conditions under which
20    all riverboat gambling operations subject to this Act in
21    the State shall be conducted. Such rules and regulations
22    are to provide for the prevention of practices detrimental
23    to the public interest and for the best interests of
24    riverboat gambling, including rules and regulations
25    regarding the inspection of casinos and such riverboats,
26    and the review of any permits or licenses necessary to

 

 

SB0516 Engrossed- 14 -LRB101 04277 SMS 49285 b

1    operate a riverboat or casino under any laws or regulations
2    applicable to riverboats or casinos , and to impose
3    penalties for violations thereof.
4        (4) To enter the office, riverboats, casinos,
5    facilities, or other places of business of a licensee,
6    where evidence of the compliance or noncompliance with the
7    provisions of this Act is likely to be found.
8        (5) To investigate alleged violations of this Act or
9    the rules of the Board and to take appropriate disciplinary
10    action against a licensee or a holder of an occupational
11    license for a violation, or institute appropriate legal
12    action for enforcement, or both.
13        (6) To adopt standards for the licensing of all persons
14    and entities under this Act, as well as for electronic or
15    mechanical gambling games, and to establish fees for such
16    licenses.
17        (7) To adopt appropriate standards for all riverboats,
18    casinos, and facilities authorized under this Act.
19        (8) To require that the records, including financial or
20    other statements of any licensee under this Act, shall be
21    kept in such manner as prescribed by the Board and that any
22    such licensee involved in the ownership or management of
23    gambling operations submit to the Board an annual balance
24    sheet and profit and loss statement, list of the
25    stockholders or other persons having a 1% or greater
26    beneficial interest in the gambling activities of each

 

 

SB0516 Engrossed- 15 -LRB101 04277 SMS 49285 b

1    licensee, and any other information the Board deems
2    necessary in order to effectively administer this Act and
3    all rules, regulations, orders and final decisions
4    promulgated under this Act.
5        (9) To conduct hearings, issue subpoenas for the
6    attendance of witnesses and subpoenas duces tecum for the
7    production of books, records and other pertinent documents
8    in accordance with the Illinois Administrative Procedure
9    Act, and to administer oaths and affirmations to the
10    witnesses, when, in the judgment of the Board, it is
11    necessary to administer or enforce this Act or the Board
12    rules.
13        (10) To prescribe a form to be used by any licensee
14    involved in the ownership or management of gambling
15    operations as an application for employment for their
16    employees.
17        (11) To revoke or suspend licenses, as the Board may
18    see fit and in compliance with applicable laws of the State
19    regarding administrative procedures, and to review
20    applications for the renewal of licenses. The Board may
21    suspend an owners license, without notice or hearing upon a
22    determination that the safety or health of patrons or
23    employees is jeopardized by continuing a gambling
24    operation conducted under that license riverboat's
25    operation. The suspension may remain in effect until the
26    Board determines that the cause for suspension has been

 

 

SB0516 Engrossed- 16 -LRB101 04277 SMS 49285 b

1    abated. The Board may revoke the owners license upon a
2    determination that the owner has not made satisfactory
3    progress toward abating the hazard.
4        (12) To eject or exclude or authorize the ejection or
5    exclusion of, any person from riverboat gambling
6    facilities where that such person is in violation of this
7    Act, rules and regulations thereunder, or final orders of
8    the Board, or where such person's conduct or reputation is
9    such that his or her presence within the riverboat gambling
10    facilities may, in the opinion of the Board, call into
11    question the honesty and integrity of the gambling
12    operations or interfere with the orderly conduct thereof;
13    provided that the propriety of such ejection or exclusion
14    is subject to subsequent hearing by the Board.
15        (13) To require all licensees of gambling operations to
16    utilize a cashless wagering system whereby all players'
17    money is converted to tokens, electronic cards, or chips
18    which shall be used only for wagering in the gambling
19    establishment.
20        (14) (Blank).
21        (15) To suspend, revoke or restrict licenses, to
22    require the removal of a licensee or an employee of a
23    licensee for a violation of this Act or a Board rule or for
24    engaging in a fraudulent practice, and to impose civil
25    penalties of up to $5,000 against individuals and up to
26    $10,000 or an amount equal to the daily gross receipts,

 

 

SB0516 Engrossed- 17 -LRB101 04277 SMS 49285 b

1    whichever is larger, against licensees for each violation
2    of any provision of the Act, any rules adopted by the
3    Board, any order of the Board or any other action which, in
4    the Board's discretion, is a detriment or impediment to
5    riverboat gambling operations.
6        (16) To hire employees to gather information, conduct
7    investigations and carry out any other tasks contemplated
8    under this Act.
9        (17) To establish minimum levels of insurance to be
10    maintained by licensees.
11        (18) To authorize a licensee to sell or serve alcoholic
12    liquors, wine or beer as defined in the Liquor Control Act
13    of 1934 on board a riverboat or in a casino and to have
14    exclusive authority to establish the hours for sale and
15    consumption of alcoholic liquor on board a riverboat or in
16    a casino, notwithstanding any provision of the Liquor
17    Control Act of 1934 or any local ordinance, and regardless
18    of whether the riverboat makes excursions. The
19    establishment of the hours for sale and consumption of
20    alcoholic liquor on board a riverboat or in a casino is an
21    exclusive power and function of the State. A home rule unit
22    may not establish the hours for sale and consumption of
23    alcoholic liquor on board a riverboat or in a casino. This
24    subdivision (18) amendatory Act of 1991 is a denial and
25    limitation of home rule powers and functions under
26    subsection (h) of Section 6 of Article VII of the Illinois

 

 

SB0516 Engrossed- 18 -LRB101 04277 SMS 49285 b

1    Constitution.
2        (19) After consultation with the U.S. Army Corps of
3    Engineers, to establish binding emergency orders upon the
4    concurrence of a majority of the members of the Board
5    regarding the navigability of water, relative to
6    excursions, in the event of extreme weather conditions,
7    acts of God or other extreme circumstances.
8        (20) To delegate the execution of any of its powers
9    under this Act for the purpose of administering and
10    enforcing this Act and its rules and regulations hereunder.
11        (20.5) To approve any contract entered into on its
12    behalf.
13        (20.6) To appoint investigators to conduct
14    investigations, searches, seizures, arrests, and other
15    duties imposed under this Act, as deemed necessary by the
16    Board. These investigators have and may exercise all of the
17    rights and powers of peace officers, provided that these
18    powers shall be limited to offenses or violations occurring
19    or committed in a casino or on a riverboat or dock, as
20    defined in subsections (d) and (f) of Section 4, or as
21    otherwise provided by this Act or any other law.
22        (20.7) To contract with the Department of State Police
23    for the use of trained and qualified State police officers
24    and with the Department of Revenue for the use of trained
25    and qualified Department of Revenue investigators to
26    conduct investigations, searches, seizures, arrests, and

 

 

SB0516 Engrossed- 19 -LRB101 04277 SMS 49285 b

1    other duties imposed under this Act and to exercise all of
2    the rights and powers of peace officers, provided that the
3    powers of Department of Revenue investigators under this
4    subdivision (20.7) shall be limited to offenses or
5    violations occurring or committed in a casino or on a
6    riverboat or dock, as defined in subsections (d) and (f) of
7    Section 4, or as otherwise provided by this Act or any
8    other law. In the event the Department of State Police or
9    the Department of Revenue is unable to fill contracted
10    police or investigative positions, the Board may appoint
11    investigators to fill those positions pursuant to
12    subdivision (20.6).
13        (21) To have the same jurisdiction and supervision over
14    casinos as the Board has over riverboats, including, but
15    not limited to, the power to (i) investigate, review, and
16    approve contracts as that power is applied to riverboats,
17    (ii) adopt rules for administering the provisions of this
18    Act, (iii) adopt standards for the licensing of all persons
19    involved with a casino, (iv) investigate alleged
20    violations of this Act by any person involved with a
21    casino, and (v) require that records, including financial
22    or other statements of any casino, shall be kept in such
23    manner as prescribed by the Board.
24        (22) (21) To take any other action as may be reasonable
25    or appropriate to enforce this Act and rules and
26    regulations hereunder.

 

 

SB0516 Engrossed- 20 -LRB101 04277 SMS 49285 b

1    (d) The Board may seek and shall receive the cooperation of
2the Department of State Police in conducting background
3investigations of applicants and in fulfilling its
4responsibilities under this Section. Costs incurred by the
5Department of State Police as a result of such cooperation
6shall be paid by the Board in conformance with the requirements
7of Section 2605-400 of the Department of State Police Law (20
8ILCS 2605/2605-400).
9    (e) The Board must authorize to each investigator and to
10any other employee of the Board exercising the powers of a
11peace officer a distinct badge that, on its face, (i) clearly
12states that the badge is authorized by the Board and (ii)
13contains a unique identifying number. No other badge shall be
14authorized by the Board.
15(Source: P.A. 100-1152, eff. 12-14-18.)
 
16    (230 ILCS 10/5.1)  (from Ch. 120, par. 2405.1)
17    Sec. 5.1. Disclosure of records.
18    (a) Notwithstanding any applicable statutory provision to
19the contrary, the Board shall, on written request from any
20person, provide information furnished by an applicant or
21licensee concerning the applicant or licensee, his products,
22services or gambling enterprises and his business holdings, as
23follows:
24        (1) The name, business address and business telephone
25    number of any applicant or licensee.

 

 

SB0516 Engrossed- 21 -LRB101 04277 SMS 49285 b

1        (2) An identification of any applicant or licensee
2    including, if an applicant or licensee is not an
3    individual, the state of incorporation or registration,
4    the corporate officers, and the identity of all
5    shareholders or participants. If an applicant or licensee
6    has a pending registration statement filed with the
7    Securities and Exchange Commission, only the names of those
8    persons or entities holding interest of 5% or more must be
9    provided.
10        (3) An identification of any business, including, if
11    applicable, the state of incorporation or registration, in
12    which an applicant or licensee or an applicant's or
13    licensee's spouse or children has an equity interest of
14    more than 1%. If an applicant or licensee is a corporation,
15    partnership or other business entity, the applicant or
16    licensee shall identify any other corporation, partnership
17    or business entity in which it has an equity interest of 1%
18    or more, including, if applicable, the state of
19    incorporation or registration. This information need not
20    be provided by a corporation, partnership or other business
21    entity that has a pending registration statement filed with
22    the Securities and Exchange Commission.
23        (4) Whether an applicant or licensee has been indicted,
24    convicted, pleaded guilty or nolo contendere, or forfeited
25    bail concerning any criminal offense under the laws of any
26    jurisdiction, either felony or misdemeanor (except for

 

 

SB0516 Engrossed- 22 -LRB101 04277 SMS 49285 b

1    traffic violations), including the date, the name and
2    location of the court, arresting agency and prosecuting
3    agency, the case number, the offense, the disposition and
4    the location and length of incarceration.
5        (5) Whether an applicant or licensee has had any
6    license or certificate issued by a licensing authority in
7    Illinois or any other jurisdiction denied, restricted,
8    suspended, revoked or not renewed and a statement
9    describing the facts and circumstances concerning the
10    denial, restriction, suspension, revocation or
11    non-renewal, including the licensing authority, the date
12    each such action was taken, and the reason for each such
13    action.
14        (6) Whether an applicant or licensee has ever filed or
15    had filed against it a proceeding in bankruptcy or has ever
16    been involved in any formal process to adjust, defer,
17    suspend or otherwise work out the payment of any debt
18    including the date of filing, the name and location of the
19    court, the case and number of the disposition.
20        (7) Whether an applicant or licensee has filed, or been
21    served with a complaint or other notice filed with any
22    public body, regarding the delinquency in the payment of,
23    or a dispute over the filings concerning the payment of,
24    any tax required under federal, State or local law,
25    including the amount, type of tax, the taxing agency and
26    time periods involved.

 

 

SB0516 Engrossed- 23 -LRB101 04277 SMS 49285 b

1        (8) A statement listing the names and titles of all
2    public officials or officers of any unit of government, and
3    relatives of said public officials or officers who,
4    directly or indirectly, own any financial interest in, have
5    any beneficial interest in, are the creditors of or hold
6    any debt instrument issued by, or hold or have any interest
7    in any contractual or service relationship with, an
8    applicant or licensee.
9        (9) Whether an applicant or licensee has made, directly
10    or indirectly, any political contribution, or any loans,
11    donations or other payments, to any candidate or office
12    holder, within 5 years from the date of filing the
13    application, including the amount and the method of
14    payment.
15        (10) The name and business telephone number of the
16    counsel representing an applicant or licensee in matters
17    before the Board.
18        (11) A description of any proposed or approved gambling
19    riverboat gaming operation, including the type of boat,
20    home dock, or casino or gaming location, expected economic
21    benefit to the community, anticipated or actual number of
22    employees, any statement from an applicant or licensee
23    regarding compliance with federal and State affirmative
24    action guidelines, projected or actual admissions and
25    projected or actual adjusted gross gaming receipts.
26        (12) A description of the product or service to be

 

 

SB0516 Engrossed- 24 -LRB101 04277 SMS 49285 b

1    supplied by an applicant for a supplier's license.
2    (b) Notwithstanding any applicable statutory provision to
3the contrary, the Board shall, on written request from any
4person, also provide the following information:
5        (1) The amount of the wagering tax and admission tax
6    paid daily to the State of Illinois by the holder of an
7    owner's license.
8        (2) Whenever the Board finds an applicant for an
9    owner's license unsuitable for licensing, a copy of the
10    written letter outlining the reasons for the denial.
11        (3) Whenever the Board has refused to grant leave for
12    an applicant to withdraw his application, a copy of the
13    letter outlining the reasons for the refusal.
14    (c) Subject to the above provisions, the Board shall not
15disclose any information which would be barred by:
16        (1) Section 7 of the Freedom of Information Act; or
17        (2) The statutes, rules, regulations or
18    intergovernmental agreements of any jurisdiction.
19    (d) The Board may assess fees for the copying of
20information in accordance with Section 6 of the Freedom of
21Information Act.
22(Source: P.A. 96-1392, eff. 1-1-11.)
 
23    (230 ILCS 10/6)  (from Ch. 120, par. 2406)
24    Sec. 6. Application for Owners License.
25    (a) A qualified person may apply to the Board for an owners

 

 

SB0516 Engrossed- 25 -LRB101 04277 SMS 49285 b

1license to conduct a riverboat gambling operation as provided
2in this Act. The application shall be made on forms provided by
3the Board and shall contain such information as the Board
4prescribes, including, but not limited to, the identity of the
5riverboat on which such gambling operation is to be conducted,
6if applicable, and the exact location where such riverboat or
7casino will be located docked, a certification that the
8riverboat will be registered under this Act at all times during
9which gambling operations are conducted on board, detailed
10information regarding the ownership and management of the
11applicant, and detailed personal information regarding the
12applicant. Any application for an owners license to be
13re-issued on or after June 1, 2003 shall also include the
14applicant's license bid in a form prescribed by the Board.
15Information provided on the application shall be used as a
16basis for a thorough background investigation which the Board
17shall conduct with respect to each applicant. An incomplete
18application shall be cause for denial of a license by the
19Board.
20    (b) Applicants shall submit with their application all
21documents, resolutions, and letters of support from the
22governing body that represents the municipality or county
23wherein the licensee will be located dock.
24    (c) Each applicant shall disclose the identity of every
25person or entity , association, trust or corporation having a
26greater than 1% direct or indirect pecuniary interest in the

 

 

SB0516 Engrossed- 26 -LRB101 04277 SMS 49285 b

1riverboat gambling operation with respect to which the license
2is sought. If the disclosed entity is a trust, the application
3shall disclose the names and addresses of all the
4beneficiaries; if a corporation, the names and addresses of all
5stockholders and directors; if a partnership, the names and
6addresses of all partners, both general and limited.
7    (d) An application shall be filed and considered in
8accordance with the rules of the Board. Each application shall
9be accompanied by a non-refundable An application fee of
10$100,000. In addition, a non-refundable fee of $50,000 shall be
11paid at the time of filing to defray the costs associated with
12the background investigation conducted by the Board. If the
13costs of the investigation exceed $50,000, the applicant shall
14pay the additional amount to the Board within 7 days after
15requested by the Board. If the costs of the investigation are
16less than $50,000, the applicant shall receive a refund of the
17remaining amount. All information, records, interviews,
18reports, statements, memoranda or other data supplied to or
19used by the Board in the course of its review or investigation
20of an application for a license or a renewal under this Act
21shall be privileged, strictly confidential and shall be used
22only for the purpose of evaluating an applicant for a license
23or a renewal. Such information, records, interviews, reports,
24statements, memoranda or other data shall not be admissible as
25evidence, nor discoverable in any action of any kind in any
26court or before any tribunal, board, agency or person, except

 

 

SB0516 Engrossed- 27 -LRB101 04277 SMS 49285 b

1for any action deemed necessary by the Board.
2    (e) The Board shall charge each applicant a fee set by the
3Department of State Police to defray the costs associated with
4the search and classification of fingerprints obtained by the
5Board with respect to the applicant's application. These fees
6shall be paid into the State Police Services Fund.
7    (f) The licensed owner shall be the person primarily
8responsible for the boat or casino itself. Only one riverboat
9gambling operation may be authorized by the Board on any
10riverboat or in any casino. The applicant must identify the
11each riverboat or premises it intends to use and certify that
12the riverboat or premises: (1) has the authorized capacity
13required in this Act; (2) is accessible to persons with
14disabilities; and (3) is fully registered and licensed in
15accordance with any applicable laws.
16    (g) A person who knowingly makes a false statement on an
17application is guilty of a Class A misdemeanor.
18(Source: P.A. 99-143, eff. 7-27-15.)
 
19    (230 ILCS 10/7)  (from Ch. 120, par. 2407)
20    Sec. 7. Owners licenses.
21    (a) The Board shall issue owners licenses to persons, firms
22or corporations which apply for such licenses upon payment to
23the Board of the non-refundable license fee set by the Board,
24upon payment of a $25,000 license fee for the first year of
25operation and a $5,000 license fee for each succeeding year and

 

 

SB0516 Engrossed- 28 -LRB101 04277 SMS 49285 b

1upon a determination by the Board that the applicant is
2eligible for an owners license pursuant to this Act and the
3rules of the Board. From the effective date of this amendatory
4Act of the 95th General Assembly until (i) 3 years after the
5effective date of this amendatory Act of the 95th General
6Assembly, (ii) the date any organization licensee begins to
7operate a slot machine or video game of chance under the
8Illinois Horse Racing Act of 1975 or this Act, (iii) the date
9that payments begin under subsection (c-5) of Section 13 of the
10Act, or (iv) the wagering tax imposed under Section 13 of this
11Act is increased by law to reflect a tax rate that is at least
12as stringent or more stringent than the tax rate contained in
13subsection (a-3) of Section 13, whichever occurs first, as a
14condition of licensure and as an alternative source of payment
15for those funds payable under subsection (c-5) of Section 13 of
16the Riverboat Gambling Act, any owners licensee that holds or
17receives its owners license on or after the effective date of
18this amendatory Act of the 94th General Assembly, other than an
19owners licensee operating a riverboat with adjusted gross
20receipts in calendar year 2004 of less than $200,000,000, must
21pay into the Horse Racing Equity Trust Fund, in addition to any
22other payments required under this Act, an amount equal to 3%
23of the adjusted gross receipts received by the owners licensee.
24The payments required under this Section shall be made by the
25owners licensee to the State Treasurer no later than 3:00
26o'clock p.m. of the day after the day when the adjusted gross

 

 

SB0516 Engrossed- 29 -LRB101 04277 SMS 49285 b

1receipts were received by the owners licensee. A person, firm
2or entity corporation is ineligible to receive an owners
3license if:
4        (1) the person has been convicted of a felony under the
5    laws of this State, any other state, or the United States;
6        (2) the person has been convicted of any violation of
7    Article 28 of the Criminal Code of 1961 or the Criminal
8    Code of 2012, or substantially similar laws of any other
9    jurisdiction;
10        (3) the person has submitted an application for a
11    license under this Act which contains false information;
12        (4) the person is a member of the Board;
13        (5) a person defined in (1), (2), (3) or (4) is an
14    officer, director or managerial employee of the entity firm
15    or corporation;
16        (6) the entity firm or corporation employs a person
17    defined in (1), (2), (3) or (4) who participates in the
18    management or operation of gambling operations authorized
19    under this Act;
20        (7) (blank); or
21        (8) a license of the person or entity , firm or
22    corporation issued under this Act, or a license to own or
23    operate gambling facilities in any other jurisdiction, has
24    been revoked.
25    The Board is expressly prohibited from making changes to
26the requirement that licensees make payment into the Horse

 

 

SB0516 Engrossed- 30 -LRB101 04277 SMS 49285 b

1Racing Equity Trust Fund without the express authority of the
2Illinois General Assembly and making any other rule to
3implement or interpret this amendatory Act of the 95th General
4Assembly. For the purposes of this paragraph, "rules" is given
5the meaning given to that term in Section 1-70 of the Illinois
6Administrative Procedure Act.
7    (b) In determining whether to grant an owners license to an
8applicant, the Board shall consider:
9        (1) the character, reputation, experience and
10    financial integrity of the applicants and of any other or
11    separate person that either:
12            (A) controls, directly or indirectly, such
13        applicant, or
14            (B) is controlled, directly or indirectly, by such
15        applicant or by a person which controls, directly or
16        indirectly, such applicant;
17        (2) the facilities or proposed facilities for the
18    conduct of riverboat gambling;
19        (3) the highest prospective total revenue to be derived
20    by the State from the conduct of riverboat gambling;
21        (4) the extent to which the ownership of the applicant
22    reflects the diversity of the State by including minority
23    persons, women, and persons with a disability and the good
24    faith affirmative action plan of each applicant to recruit,
25    train and upgrade minority persons, women, and persons with
26    a disability in all employment classifications;

 

 

SB0516 Engrossed- 31 -LRB101 04277 SMS 49285 b

1        (4.5) the extent to which the ownership of the
2    applicant includes veterans of service in the armed forces
3    of the United States, and the good faith affirmative action
4    plan of each applicant to recruit, train, and upgrade
5    veterans of service in the armed forces of the United
6    States in all employment classifications;
7        (5) the financial ability of the applicant to purchase
8    and maintain adequate liability and casualty insurance;
9        (6) whether the applicant has adequate capitalization
10    to provide and maintain, for the duration of a license, a
11    riverboat or casino;
12        (7) the extent to which the applicant exceeds or meets
13    other standards for the issuance of an owners license which
14    the Board may adopt by rule; and
15        (8) the The amount of the applicant's license bid; .
16        (9) the extent to which the applicant or the proposed
17    host municipality plans to enter into revenue sharing
18    agreements with communities other than the host
19    municipality; and
20        (10) the extent to which the ownership of an applicant
21    includes the most qualified number of minority persons,
22    females, and persons with a disability.
23    (c) Each owners license shall specify the place where the
24casino riverboats shall operate or the riverboat shall operate
25and dock.
26    (d) Each applicant shall submit with his application, on

 

 

SB0516 Engrossed- 32 -LRB101 04277 SMS 49285 b

1forms provided by the Board, 2 sets of his fingerprints.
2    (e) The Board may issue up to 10 licenses authorizing the
3holders of such licenses to own riverboats. In the application
4for an owners license, the applicant shall state the dock at
5which the riverboat is based and the water on which the
6riverboat will be located. A riverboat may relocate to a new
7location from where it was docked on the effective date of this
8amendatory Act of the 101st General Assembly with approval from
9the Board. The Board shall approve relocations based on those
10plans that provide for the least amount of cannibalization of
11existing licensees' revenues generated pursuant to this Act. As
12used in this subsection (e), "cannibalization" means the
13diversion of revenues generated pursuant to this Act from
14existing licensees by an owners licensee authorized to relocate
15under this subsection (e) and by taking into consideration the
16best interest of the State. In determining whether
17cannibalization exists, the Board shall also consider the
18extent to which the applicant can attract from market areas of
19neighboring states. The Board shall issue 5 licenses to become
20effective not earlier than January 1, 1991. Three of such
21licenses shall authorize riverboat gambling on the Mississippi
22River, or, with approval by the municipality in which the
23riverboat was docked on August 7, 2003 and with Board approval,
24be authorized to relocate to a new location, in a municipality
25that (1) borders on the Mississippi River or is within 5 miles
26of the city limits of a municipality that borders on the

 

 

SB0516 Engrossed- 33 -LRB101 04277 SMS 49285 b

1Mississippi River and (2), on August 7, 2003, had a riverboat
2conducting riverboat gambling operations pursuant to a license
3issued under this Act; one of which shall authorize riverboat
4gambling from a home dock in the city of East St. Louis. One
5other license shall authorize riverboat gambling on the
6Illinois River south of Marshall County. The Board shall issue
7one additional license to become effective not earlier than
8March 1, 1992, which shall authorize riverboat gambling on the
9Des Plaines River in Will County. The Board may issue 4
10additional licenses to become effective not earlier than March
111, 1992. In determining the water upon which riverboats will
12operate, the Board shall consider the economic benefit which
13riverboat gambling confers on the State, and shall seek to
14assure that all regions of the State share in the economic
15benefits of riverboat gambling.
16    In granting all licenses, the Board may give favorable
17consideration to economically depressed areas of the State, to
18applicants presenting plans which provide for significant
19economic development over a large geographic area, and to
20applicants who currently operate non-gambling riverboats in
21Illinois. The Board shall review all applications for owners
22licenses, and shall inform each applicant of the Board's
23decision. The Board may grant an owners license to an applicant
24that has not submitted the highest license bid, but if it does
25not select the highest bidder, the Board shall issue a written
26decision explaining why another applicant was selected and

 

 

SB0516 Engrossed- 34 -LRB101 04277 SMS 49285 b

1identifying the factors set forth in this Section that favored
2the winning bidder. The fee for issuance or renewal of a
3license pursuant to this subsection (e) shall be $100,000.
4    In addition to any other revocation powers granted to the
5Board under this Act, the Board may revoke the owners license
6of a licensee which fails to begin conducting gambling within
715 months of receipt of the Board's approval of the application
8if the Board determines that license revocation is in the best
9interests of the State.
10    (f) The first 10 owners licenses issued under this Act
11shall permit the holder to own up to 2 riverboats and equipment
12thereon for a period of 3 years after the effective date of the
13license. Holders of the first 10 owners licenses must pay the
14annual license fee for each of the 3 years during which they
15are authorized to own riverboats.
16    (g) Upon the termination, expiration, or revocation of each
17of the first 10 licenses, which shall be issued for a 3 year
18period, all licenses are renewable annually upon payment of the
19fee and a determination by the Board that the licensee
20continues to meet all of the requirements of this Act and the
21Board's rules. However, for licenses renewed on or after May 1,
221998, renewal shall be for a period of 4 years, unless the
23Board sets a shorter period.
24    (h) An owners license shall entitle the licensee to own up
25to 2 riverboats. A licensee shall limit the number of gambling
26participants to 1,200 for any such owners license. A licensee

 

 

SB0516 Engrossed- 35 -LRB101 04277 SMS 49285 b

1may operate both of its riverboats concurrently, provided that
2the total number of gambling participants on both riverboats
3does not exceed 1,200. Riverboats licensed to operate on the
4Mississippi River and the Illinois River south of Marshall
5County shall have an authorized capacity of at least 500
6persons. Any other riverboat licensed under this Act shall have
7an authorized capacity of at least 400 persons.
8    (i) A licensed owner is authorized to apply to the Board
9for and, if approved therefor, to receive all licenses from the
10Board necessary for the operation of a riverboat or casino,
11including a liquor license, a license to prepare and serve food
12for human consumption, and other necessary licenses. All use,
13occupation and excise taxes which apply to the sale of food and
14beverages in this State and all taxes imposed on the sale or
15use of tangible personal property apply to such sales aboard
16the riverboat or in the casino.
17    (j) The Board may issue or re-issue a license authorizing a
18riverboat to dock in a municipality or approve a relocation
19under Section 11.2 only if, prior to the issuance or
20re-issuance of the license or approval, the governing body of
21the municipality in which the riverboat will dock has by a
22majority vote approved the docking of riverboats in the
23municipality. The Board may issue or re-issue a license
24authorizing a riverboat to dock in areas of a county outside
25any municipality or approve a relocation under Section 11.2
26only if, prior to the issuance or re-issuance of the license or

 

 

SB0516 Engrossed- 36 -LRB101 04277 SMS 49285 b

1approval, the governing body of the county has by a majority
2vote approved of the docking of riverboats within such areas.
3    (k) An owners licensee may conduct land-based gambling
4operations upon approval by the Board.
5    (l) An owners licensee may conduct gaming at a temporary
6facility pending the construction of a permanent facility or
7the remodeling or relocation of an existing facility to
8accommodate gaming participants for up to 24 months after the
9temporary facility begins to conduct gaming. Upon request by an
10owners licensee and upon a showing of good cause by the owners
11licensee, the Board shall extend the period during which the
12licensee may conduct gaming at a temporary facility by up to 12
13months. The Board shall make rules concerning the conduct of
14gaming from temporary facilities.
15(Source: P.A. 100-391, eff. 8-25-17; 100-1152, eff. 12-14-18.)
 
16    (230 ILCS 10/7.3)
17    Sec. 7.3. State conduct of gambling operations.
18    (a) If, after reviewing each application for a re-issued
19license, the Board determines that the highest prospective
20total revenue to the State would be derived from State conduct
21of the gambling operation in lieu of re-issuing the license,
22the Board shall inform each applicant of its decision. The
23Board shall thereafter have the authority, without obtaining an
24owners license, to conduct casino or riverboat gambling
25operations as previously authorized by the terminated,

 

 

SB0516 Engrossed- 37 -LRB101 04277 SMS 49285 b

1expired, revoked, or nonrenewed license through a licensed
2manager selected pursuant to an open and competitive bidding
3process as set forth in Section 7.5 and as provided in Section
47.4.
5    (b) The Board may locate any casino or riverboat on which a
6gambling operation is conducted by the State in any home dock
7or other location authorized by Section 3(c) upon receipt of
8approval from a majority vote of the governing body of the
9municipality or county, as the case may be, in which the
10riverboat will dock.
11    (c) The Board shall have jurisdiction over and shall
12supervise all gambling operations conducted by the State
13provided for in this Act and shall have all powers necessary
14and proper to fully and effectively execute the provisions of
15this Act relating to gambling operations conducted by the
16State.
17    (d) The maximum number of owners licenses authorized under
18Section 7 7(e) shall be reduced by one for each instance in
19which the Board authorizes the State to conduct a casino or
20riverboat gambling operation under subsection (a) in lieu of
21re-issuing a license to an applicant under Section 7.1.
22(Source: P.A. 93-28, eff. 6-20-03.)
 
23    (230 ILCS 10/8)  (from Ch. 120, par. 2408)
24    Sec. 8. Suppliers licenses.
25    (a) The Board may issue a suppliers license to such

 

 

SB0516 Engrossed- 38 -LRB101 04277 SMS 49285 b

1persons, firms or corporations which apply therefor upon the
2payment of a non-refundable application fee set by the Board,
3upon a determination by the Board that the applicant is
4eligible for a suppliers license and upon payment of a $5,000
5annual license fee.
6    (b) The holder of a suppliers license is authorized to sell
7or lease, and to contract to sell or lease, gambling equipment
8and supplies to any licensee involved in the ownership or
9management of gambling operations.
10    (c) Gambling supplies and equipment may not be distributed
11unless supplies and equipment conform to standards adopted by
12rules of the Board.
13    (d) A person, firm or corporation is ineligible to receive
14a suppliers license if:
15        (1) the person has been convicted of a felony under the
16    laws of this State, any other state, or the United States;
17        (2) the person has been convicted of any violation of
18    Article 28 of the Criminal Code of 1961 or the Criminal
19    Code of 2012, or substantially similar laws of any other
20    jurisdiction;
21        (3) the person has submitted an application for a
22    license under this Act which contains false information;
23        (4) the person is a member of the Board;
24        (5) the entity firm or corporation is one in which a
25    person defined in (1), (2), (3) or (4), is an officer,
26    director or managerial employee;

 

 

SB0516 Engrossed- 39 -LRB101 04277 SMS 49285 b

1        (6) the firm or corporation employs a person who
2    participates in the management or operation of riverboat
3    gambling authorized under this Act;
4        (7) the license of the person, firm or corporation
5    issued under this Act, or a license to own or operate
6    gambling facilities in any other jurisdiction, has been
7    revoked.
8    (e) Any person that supplies any equipment, devices, or
9supplies to a licensed riverboat gambling operation must first
10obtain a suppliers license. A supplier shall furnish to the
11Board a list of all equipment, devices and supplies offered for
12sale or lease in connection with gambling games authorized
13under this Act. A supplier shall keep books and records for the
14furnishing of equipment, devices and supplies to gambling
15operations separate and distinct from any other business that
16the supplier might operate. A supplier shall file a quarterly
17return with the Board listing all sales and leases. A supplier
18shall permanently affix its name or a distinctive logo or other
19mark or design element identifying the manufacturer or supplier
20to all its equipment, devices, and supplies, except gaming
21chips without a value impressed, engraved, or imprinted on it,
22for gambling operations. The Board may waive this requirement
23for any specific product or products if it determines that the
24requirement is not necessary to protect the integrity of the
25game. Items purchased from a licensed supplier may continue to
26be used even though the supplier subsequently changes its name,

 

 

SB0516 Engrossed- 40 -LRB101 04277 SMS 49285 b

1distinctive logo, or other mark or design element; undergoes a
2change in ownership; or ceases to be licensed as a supplier for
3any reason. Any supplier's equipment, devices or supplies which
4are used by any person in an unauthorized gambling operation
5shall be forfeited to the State. A licensed owner may own its
6own equipment, devices and supplies. Each holder of an owners
7license under the Act shall file an annual report listing its
8inventories of gambling equipment, devices and supplies.
9    (f) Any person who knowingly makes a false statement on an
10application is guilty of a Class A misdemeanor.
11    (g) Any gambling equipment, devices and supplies provided
12by any licensed supplier may either be repaired on the
13riverboat or in the casino or removed from the riverboat or
14casino to a an on-shore facility owned by the holder of an
15owners license for repair.
16(Source: P.A. 97-1150, eff. 1-25-13; 98-12, eff. 5-10-13;
1798-756, eff. 7-16-14.)
 
18    (230 ILCS 10/9)  (from Ch. 120, par. 2409)
19    Sec. 9. Occupational licenses.
20    (a) The Board may issue an occupational license to an
21applicant upon the payment of a non-refundable fee set by the
22Board, upon a determination by the Board that the applicant is
23eligible for an occupational license and upon payment of an
24annual license fee in an amount to be established. To be
25eligible for an occupational license, an applicant must:

 

 

SB0516 Engrossed- 41 -LRB101 04277 SMS 49285 b

1        (1) be at least 21 years of age if the applicant will
2    perform any function involved in gaming by patrons. Any
3    applicant seeking an occupational license for a non-gaming
4    function shall be at least 18 years of age;
5        (2) not have been convicted of a felony offense, a
6    violation of Article 28 of the Criminal Code of 1961 or the
7    Criminal Code of 2012, or a similar statute of any other
8    jurisdiction;
9        (2.5) not have been convicted of a crime, other than a
10    crime described in item (2) of this subsection (a),
11    involving dishonesty or moral turpitude, except that the
12    Board may, in its discretion, issue an occupational license
13    to a person who has been convicted of a crime described in
14    this item (2.5) more than 10 years prior to his or her
15    application and has not subsequently been convicted of any
16    other crime;
17        (3) have demonstrated a level of skill or knowledge
18    which the Board determines to be necessary in order to
19    operate gambling aboard a riverboat or in a casino; and
20        (4) have met standards for the holding of an
21    occupational license as adopted by rules of the Board. Such
22    rules shall provide that any person or entity seeking an
23    occupational license to manage gambling operations
24    hereunder shall be subject to background inquiries and
25    further requirements similar to those required of
26    applicants for an owners license. Furthermore, such rules

 

 

SB0516 Engrossed- 42 -LRB101 04277 SMS 49285 b

1    shall provide that each such entity shall be permitted to
2    manage gambling operations for only one licensed owner.
3    (b) Each application for an occupational license shall be
4on forms prescribed by the Board and shall contain all
5information required by the Board. The applicant shall set
6forth in the application: whether he has been issued prior
7gambling related licenses; whether he has been licensed in any
8other state under any other name, and, if so, such name and his
9age; and whether or not a permit or license issued to him in
10any other state has been suspended, restricted or revoked, and,
11if so, for what period of time.
12    (c) Each applicant shall submit with his application, on
13forms provided by the Board, 2 sets of his fingerprints. The
14Board shall charge each applicant a fee set by the Department
15of State Police to defray the costs associated with the search
16and classification of fingerprints obtained by the Board with
17respect to the applicant's application. These fees shall be
18paid into the State Police Services Fund.
19    (d) The Board may in its discretion refuse an occupational
20license to any person: (1) who is unqualified to perform the
21duties required of such applicant; (2) who fails to disclose or
22states falsely any information called for in the application;
23(3) who has been found guilty of a violation of this Act or
24whose prior gambling related license or application therefor
25has been suspended, restricted, revoked or denied for just
26cause in any other state; or (4) for any other just cause.

 

 

SB0516 Engrossed- 43 -LRB101 04277 SMS 49285 b

1    (e) The Board may suspend, revoke or restrict any
2occupational licensee: (1) for violation of any provision of
3this Act; (2) for violation of any of the rules and regulations
4of the Board; (3) for any cause which, if known to the Board,
5would have disqualified the applicant from receiving such
6license; or (4) for default in the payment of any obligation or
7debt due to the State of Illinois; or (5) for any other just
8cause.
9    (f) A person who knowingly makes a false statement on an
10application is guilty of a Class A misdemeanor.
11    (g) Any license issued pursuant to this Section shall be
12valid for a period of one year from the date of issuance.
13    (h) Nothing in this Act shall be interpreted to prohibit a
14licensed owner from entering into an agreement with a public
15community college or a school approved under the Private
16Business and Vocational Schools Act of 2012 for the training of
17any occupational licensee. Any training offered by such a
18school shall be in accordance with a written agreement between
19the licensed owner and the school.
20    (i) Any training provided for occupational licensees may be
21conducted either at the site of the gambling facility on the
22riverboat or at a school with which a licensed owner has
23entered into an agreement pursuant to subsection (h).
24(Source: P.A. 96-1392, eff. 1-1-11; 97-650, eff. 2-1-12;
2597-1150, eff. 1-25-13.)
 

 

 

SB0516 Engrossed- 44 -LRB101 04277 SMS 49285 b

1    (230 ILCS 10/11)  (from Ch. 120, par. 2411)
2    Sec. 11. Conduct of gambling. Gambling may be conducted by
3licensed owners or licensed managers on behalf of the State
4aboard riverboats or at casinos, subject to the following
5standards:
6        (1) A licensee may conduct riverboat gambling
7    authorized under this Act regardless of whether it conducts
8    excursion cruises. A licensee may permit the continuous
9    ingress and egress of patrons passengers on a riverboat not
10    used for excursion cruises for the purpose of gambling.
11    Excursion cruises shall not exceed 4 hours for a round
12    trip. However, the Board may grant express approval for an
13    extended cruise on a case-by-case basis.
14        (2) (Blank).
15        (3) Minimum and maximum wagers on games shall be set by
16    the licensee.
17        (4) Agents of the Board and the Department of State
18    Police may board and inspect any riverboat or enter and
19    inspect any portion of a casino at any time for the purpose
20    of determining whether this Act is being complied with.
21    Every riverboat, if under way and being hailed by a law
22    enforcement officer or agent of the Board, must stop
23    immediately and lay to.
24        (5) Employees of the Board shall have the right to be
25    present on the riverboat or in the casino or on adjacent
26    facilities under the control of the licensee.

 

 

SB0516 Engrossed- 45 -LRB101 04277 SMS 49285 b

1        (6) Gambling equipment and supplies customarily used
2    in conducting riverboat gambling must be purchased or
3    leased only from suppliers licensed for such purpose under
4    this Act. The Board may approve the transfer, sale, or
5    lease of gambling equipment and supplies by a licensed
6    owner from or to an affiliate of the licensed owner as long
7    as the gambling equipment and supplies were initially
8    acquired from a supplier licensed in Illinois.
9        (7) Persons licensed under this Act shall permit no
10    form of wagering on gambling games except as permitted by
11    this Act.
12        (8) Wagers may be received only from a person present
13    on a licensed riverboat or in a casino. No person present
14    on a licensed riverboat or in a casino shall place or
15    attempt to place a wager on behalf of another person who is
16    not present on the riverboat or in a casino.
17        (9) Wagering shall not be conducted with money or other
18    negotiable currency.
19        (10) A person under age 21 shall not be permitted on an
20    area of a riverboat or casino where gambling is being
21    conducted, except for a person at least 18 years of age who
22    is an employee of the riverboat or casino gambling
23    operation. No employee under age 21 shall perform any
24    function involved in gambling by the patrons. No person
25    under age 21 shall be permitted to make a wager under this
26    Act, and any winnings that are a result of a wager by a

 

 

SB0516 Engrossed- 46 -LRB101 04277 SMS 49285 b

1    person under age 21, whether or not paid by a licensee,
2    shall be treated as winnings for the privilege tax
3    purposes, confiscated, and forfeited to the State and
4    deposited into the Education Assistance Fund.
5        (11) Gambling excursion cruises are permitted only
6    when the waterway for which the riverboat is licensed is
7    navigable, as determined by the Board in consultation with
8    the U.S. Army Corps of Engineers. This paragraph (11) does
9    not limit the ability of a licensee to conduct gambling
10    authorized under this Act when gambling excursion cruises
11    are not permitted.
12        (12) All tokens, chips or electronic cards used to make
13    wagers must be purchased (i) from a licensed owner or
14    manager, in the case of a riverboat, either aboard a
15    riverboat or at an onshore facility which has been approved
16    by the Board and which is located where the riverboat docks
17    or (ii) in the case of a casino, from a licensed owner at
18    the casino. The tokens, chips or electronic cards may be
19    purchased by means of an agreement under which the owner or
20    manager extends credit to the patron. Such tokens, chips or
21    electronic cards may be used while aboard the riverboat or
22    in the casino only for the purpose of making wagers on
23    gambling games.
24        (13) Notwithstanding any other Section of this Act, in
25    addition to the other licenses authorized under this Act,
26    the Board may issue special event licenses allowing persons

 

 

SB0516 Engrossed- 47 -LRB101 04277 SMS 49285 b

1    who are not otherwise licensed to conduct riverboat
2    gambling to conduct such gambling on a specified date or
3    series of dates. Riverboat gambling under such a license
4    may take place on a riverboat not normally used for
5    riverboat gambling. The Board shall establish standards,
6    fees and fines for, and limitations upon, such licenses,
7    which may differ from the standards, fees, fines and
8    limitations otherwise applicable under this Act. All such
9    fees shall be deposited into the State Gaming Fund. All
10    such fines shall be deposited into the Education Assistance
11    Fund, created by Public Act 86-0018, of the State of
12    Illinois.
13        (14) In addition to the above, gambling must be
14    conducted in accordance with all rules adopted by the
15    Board.
16(Source: P.A. 96-1392, eff. 1-1-11.)
 
17    (230 ILCS 10/11.1)  (from Ch. 120, par. 2411.1)
18    Sec. 11.1. Collection of amounts owing under credit
19agreements. Notwithstanding any applicable statutory provision
20to the contrary, a licensed owner or manager who extends credit
21to a riverboat gambling patron pursuant to paragraph (12) of
22Section 11 Section 11 (a) (12) of this Act is expressly
23authorized to institute a cause of action to collect any
24amounts due and owing under the extension of credit, as well as
25the owner's or manager's costs, expenses and reasonable

 

 

SB0516 Engrossed- 48 -LRB101 04277 SMS 49285 b

1attorney's fees incurred in collection.
2(Source: P.A. 93-28, eff. 6-20-03.)
 
3    (230 ILCS 10/12)  (from Ch. 120, par. 2412)
4    Sec. 12. Admission tax; fees.
5    (a) A tax is hereby imposed upon admissions to riverboat
6and casino gambling facilities riverboats operated by licensed
7owners authorized pursuant to this Act. Until July 1, 2002, the
8rate is $2 per person admitted. From July 1, 2002 until July 1,
92003, the rate is $3 per person admitted. From July 1, 2003
10until August 23, 2005 (the effective date of Public Act
1194-673), for a licensee that admitted 1,000,000 persons or
12fewer in the previous calendar year, the rate is $3 per person
13admitted; for a licensee that admitted more than 1,000,000 but
14no more than 2,300,000 persons in the previous calendar year,
15the rate is $4 per person admitted; and for a licensee that
16admitted more than 2,300,000 persons in the previous calendar
17year, the rate is $5 per person admitted. Beginning on August
1823, 2005 (the effective date of Public Act 94-673), for a
19licensee that admitted 1,000,000 persons or fewer in calendar
20year 2004, the rate is $2 per person admitted, and for all
21other licensees, including licensees that were not conducting
22gambling operations in 2004, the rate is $3 per person
23admitted. This admission tax is imposed upon the licensed owner
24conducting gambling.
25        (1) The admission tax shall be paid for each admission,

 

 

SB0516 Engrossed- 49 -LRB101 04277 SMS 49285 b

1    except that a person who exits a riverboat gambling
2    facility and reenters that riverboat gambling facility
3    within the same gaming day shall be subject only to the
4    initial admission tax.
5        (2) (Blank).
6        (3) The riverboat licensee may issue tax-free passes to
7    actual and necessary officials and employees of the
8    licensee or other persons actually working on the
9    riverboat.
10        (4) The number and issuance of tax-free passes is
11    subject to the rules of the Board, and a list of all
12    persons to whom the tax-free passes are issued shall be
13    filed with the Board.
14    (a-5) A fee is hereby imposed upon admissions operated by
15licensed managers on behalf of the State pursuant to Section
167.3 at the rates provided in this subsection (a-5). For a
17licensee that admitted 1,000,000 persons or fewer in the
18previous calendar year, the rate is $3 per person admitted; for
19a licensee that admitted more than 1,000,000 but no more than
202,300,000 persons in the previous calendar year, the rate is $4
21per person admitted; and for a licensee that admitted more than
222,300,000 persons in the previous calendar year, the rate is $5
23per person admitted.
24        (1) The admission fee shall be paid for each admission.
25        (2) (Blank).
26        (3) The licensed manager may issue fee-free passes to

 

 

SB0516 Engrossed- 50 -LRB101 04277 SMS 49285 b

1    actual and necessary officials and employees of the manager
2    or other persons actually working on the riverboat.
3        (4) The number and issuance of fee-free passes is
4    subject to the rules of the Board, and a list of all
5    persons to whom the fee-free passes are issued shall be
6    filed with the Board.
7    (b) From the tax imposed under subsection (a) and the fee
8imposed under subsection (a-5), a municipality shall receive
9from the State $1 for each person embarking on a riverboat
10docked within the municipality or entering a casino located
11within the municipality, and a county shall receive $1 for each
12person entering a casino or embarking on a riverboat docked
13within the county but outside the boundaries of any
14municipality. The municipality's or county's share shall be
15collected by the Board on behalf of the State and remitted
16quarterly by the State, subject to appropriation, to the
17treasurer of the unit of local government for deposit in the
18general fund.
19    (c) The licensed owner shall pay the entire admission tax
20to the Board and the licensed manager shall pay the entire
21admission fee to the Board. Such payments shall be made daily.
22Accompanying each payment shall be a return on forms provided
23by the Board which shall include other information regarding
24admissions as the Board may require. Failure to submit either
25the payment or the return within the specified time may result
26in suspension or revocation of the owners or managers license.

 

 

SB0516 Engrossed- 51 -LRB101 04277 SMS 49285 b

1    (d) The Board shall administer and collect the admission
2tax imposed by this Section, to the extent practicable, in a
3manner consistent with the provisions of Sections 4, 5, 5a, 5b,
45c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9 and 10 of the
5Retailers' Occupation Tax Act and Section 3-7 of the Uniform
6Penalty and Interest Act.
7(Source: P.A. 95-663, eff. 10-11-07; 96-1392, eff. 1-1-11.)
 
8    (230 ILCS 10/13)  (from Ch. 120, par. 2413)
9    Sec. 13. Wagering tax; rate; distribution.
10    (a) Until January 1, 1998, a tax is imposed on the adjusted
11gross receipts received from gambling games authorized under
12this Act at the rate of 20%.
13    (a-1) From January 1, 1998 until July 1, 2002, a privilege
14tax is imposed on persons engaged in the business of conducting
15riverboat gambling operations, based on the adjusted gross
16receipts received by a licensed owner from gambling games
17authorized under this Act at the following rates:
18        15% of annual adjusted gross receipts up to and
19    including $25,000,000;
20        20% of annual adjusted gross receipts in excess of
21    $25,000,000 but not exceeding $50,000,000;
22        25% of annual adjusted gross receipts in excess of
23    $50,000,000 but not exceeding $75,000,000;
24        30% of annual adjusted gross receipts in excess of
25    $75,000,000 but not exceeding $100,000,000;

 

 

SB0516 Engrossed- 52 -LRB101 04277 SMS 49285 b

1        35% of annual adjusted gross receipts in excess of
2    $100,000,000.
3    (a-2) From July 1, 2002 until July 1, 2003, a privilege tax
4is imposed on persons engaged in the business of conducting
5riverboat gambling operations, other than licensed managers
6conducting riverboat gambling operations on behalf of the
7State, based on the adjusted gross receipts received by a
8licensed owner from gambling games authorized under this Act at
9the following rates:
10        15% of annual adjusted gross receipts up to and
11    including $25,000,000;
12        22.5% of annual adjusted gross receipts in excess of
13    $25,000,000 but not exceeding $50,000,000;
14        27.5% of annual adjusted gross receipts in excess of
15    $50,000,000 but not exceeding $75,000,000;
16        32.5% of annual adjusted gross receipts in excess of
17    $75,000,000 but not exceeding $100,000,000;
18        37.5% of annual adjusted gross receipts in excess of
19    $100,000,000 but not exceeding $150,000,000;
20        45% of annual adjusted gross receipts in excess of
21    $150,000,000 but not exceeding $200,000,000;
22        50% of annual adjusted gross receipts in excess of
23    $200,000,000.
24    (a-3) Beginning July 1, 2003, a privilege tax is imposed on
25persons engaged in the business of conducting riverboat
26gambling operations, other than licensed managers conducting

 

 

SB0516 Engrossed- 53 -LRB101 04277 SMS 49285 b

1riverboat gambling operations on behalf of the State, based on
2the adjusted gross receipts received by a licensed owner from
3gambling games authorized under this Act at the following
4rates:
5        15% of annual adjusted gross receipts up to and
6    including $25,000,000;
7        27.5% of annual adjusted gross receipts in excess of
8    $25,000,000 but not exceeding $37,500,000;
9        32.5% of annual adjusted gross receipts in excess of
10    $37,500,000 but not exceeding $50,000,000;
11        37.5% of annual adjusted gross receipts in excess of
12    $50,000,000 but not exceeding $75,000,000;
13        45% of annual adjusted gross receipts in excess of
14    $75,000,000 but not exceeding $100,000,000;
15        50% of annual adjusted gross receipts in excess of
16    $100,000,000 but not exceeding $250,000,000;
17        70% of annual adjusted gross receipts in excess of
18    $250,000,000.
19    An amount equal to the amount of wagering taxes collected
20under this subsection (a-3) that are in addition to the amount
21of wagering taxes that would have been collected if the
22wagering tax rates under subsection (a-2) were in effect shall
23be paid into the Common School Fund.
24    The privilege tax imposed under this subsection (a-3) shall
25no longer be imposed beginning on the earlier of (i) July 1,
262005; (ii) the first date after June 20, 2003 that riverboat

 

 

SB0516 Engrossed- 54 -LRB101 04277 SMS 49285 b

1gambling operations are conducted pursuant to a dormant
2license; or (iii) the first day that riverboat gambling
3operations are conducted under the authority of an owners
4license that is in addition to the 10 owners licenses initially
5authorized under this Act. For the purposes of this subsection
6(a-3), the term "dormant license" means an owners license that
7is authorized by this Act under which no riverboat gambling
8operations are being conducted on June 20, 2003.
9    (a-4) Beginning on the first day on which the tax imposed
10under subsection (a-3) is no longer imposed, a privilege tax is
11imposed on persons engaged in the business of conducting
12riverboat gambling operations, other than licensed managers
13conducting riverboat gambling operations on behalf of the
14State, based on the adjusted gross receipts received by a
15licensed owner from gambling games authorized under this Act at
16the following rates:
17        15% of annual adjusted gross receipts up to and
18    including $25,000,000;
19        22.5% of annual adjusted gross receipts in excess of
20    $25,000,000 but not exceeding $50,000,000;
21        27.5% of annual adjusted gross receipts in excess of
22    $50,000,000 but not exceeding $75,000,000;
23        32.5% of annual adjusted gross receipts in excess of
24    $75,000,000 but not exceeding $100,000,000;
25        37.5% of annual adjusted gross receipts in excess of
26    $100,000,000 but not exceeding $150,000,000;

 

 

SB0516 Engrossed- 55 -LRB101 04277 SMS 49285 b

1        45% of annual adjusted gross receipts in excess of
2    $150,000,000 but not exceeding $200,000,000;
3        50% of annual adjusted gross receipts in excess of
4    $200,000,000.
5    (a-8) Riverboat gambling operations conducted by a
6licensed manager on behalf of the State are not subject to the
7tax imposed under this Section.
8    (a-10) The taxes imposed by this Section shall be paid by
9the licensed owner to the Board not later than 5:00 o'clock
10p.m. of the day after the day when the wagers were made.
11    (a-15) If the privilege tax imposed under subsection (a-3)
12is no longer imposed pursuant to item (i) of the last paragraph
13of subsection (a-3), then by June 15 of each year, each owners
14licensee, other than an owners licensee that admitted 1,000,000
15persons or fewer in calendar year 2004, must, in addition to
16the payment of all amounts otherwise due under this Section,
17pay to the Board a reconciliation payment in the amount, if
18any, by which the licensed owner's base amount exceeds the
19amount of net privilege tax paid by the licensed owner to the
20Board in the then current State fiscal year. A licensed owner's
21net privilege tax obligation due for the balance of the State
22fiscal year shall be reduced up to the total of the amount paid
23by the licensed owner in its June 15 reconciliation payment.
24The obligation imposed by this subsection (a-15) is binding on
25any person, firm, corporation, or other entity that acquires an
26ownership interest in any such owners license. The obligation

 

 

SB0516 Engrossed- 56 -LRB101 04277 SMS 49285 b

1imposed under this subsection (a-15) terminates on the earliest
2of: (i) July 1, 2007, (ii) the first day after the effective
3date of this amendatory Act of the 94th General Assembly that
4riverboat gambling operations are conducted pursuant to a
5dormant license, (iii) the first day that riverboat gambling
6operations are conducted under the authority of an owners
7license that is in addition to the 10 owners licenses initially
8authorized under this Act, or (iv) the first day that a
9licensee under the Illinois Horse Racing Act of 1975 conducts
10gaming operations with slot machines or other electronic gaming
11devices. The Board must reduce the obligation imposed under
12this subsection (a-15) by an amount the Board deems reasonable
13for any of the following reasons: (A) an act or acts of God,
14(B) an act of bioterrorism or terrorism or a bioterrorism or
15terrorism threat that was investigated by a law enforcement
16agency, or (C) a condition beyond the control of the owners
17licensee that does not result from any act or omission by the
18owners licensee or any of its agents and that poses a hazardous
19threat to the health and safety of patrons. If an owners
20licensee pays an amount in excess of its liability under this
21Section, the Board shall apply the overpayment to future
22payments required under this Section.
23    For purposes of this subsection (a-15):
24    "Act of God" means an incident caused by the operation of
25an extraordinary force that cannot be foreseen, that cannot be
26avoided by the exercise of due care, and for which no person

 

 

SB0516 Engrossed- 57 -LRB101 04277 SMS 49285 b

1can be held liable.
2    "Base amount" means the following:
3        For a riverboat in Alton, $31,000,000.
4        For a riverboat in East Peoria, $43,000,000.
5        For the Empress riverboat in Joliet, $86,000,000.
6        For a riverboat in Metropolis, $45,000,000.
7        For the Harrah's riverboat in Joliet, $114,000,000.
8        For a riverboat in Aurora, $86,000,000.
9        For a riverboat in East St. Louis, $48,500,000.
10        For a riverboat in Elgin, $198,000,000.
11    "Dormant license" has the meaning ascribed to it in
12subsection (a-3).
13    "Net privilege tax" means all privilege taxes paid by a
14licensed owner to the Board under this Section, less all
15payments made from the State Gaming Fund pursuant to subsection
16(b) of this Section.
17    The changes made to this subsection (a-15) by Public Act
1894-839 are intended to restate and clarify the intent of Public
19Act 94-673 with respect to the amount of the payments required
20to be made under this subsection by an owners licensee to the
21Board.
22    (b) Until January 1, 1998, 25% of the tax revenue deposited
23in the State Gaming Fund under this Section shall be paid,
24subject to appropriation by the General Assembly, to the unit
25of local government which is designated as the home dock of the
26riverboat. Beginning January 1, 1998, from the tax revenue from

 

 

SB0516 Engrossed- 58 -LRB101 04277 SMS 49285 b

1riverboat or casino gambling deposited in the State Gaming Fund
2under this Section, an amount equal to 5% of adjusted gross
3receipts generated by a riverboat or a casino shall be paid
4monthly, subject to appropriation by the General Assembly, to
5the unit of local government in which the casino is located or
6that is designated as the home dock of the riverboat. From the
7tax revenue deposited in the State Gaming Fund pursuant to
8riverboat or casino gambling operations conducted by a licensed
9manager on behalf of the State, an amount equal to 5% of
10adjusted gross receipts generated pursuant to those riverboat
11or casino gambling operations shall be paid monthly, subject to
12appropriation by the General Assembly, to the unit of local
13government that is designated as the home dock of the riverboat
14upon which those riverboat gambling operations are conducted or
15in which the casino is located.
16    (c) Appropriations, as approved by the General Assembly,
17may be made from the State Gaming Fund to the Board (i) for the
18administration and enforcement of this Act and the Video Gaming
19Act, (ii) for distribution to the Department of State Police
20and to the Department of Revenue for the enforcement of this
21Act, and (iii) to the Department of Human Services for the
22administration of programs to treat problem gambling.
23    (c-5) Before May 26, 2006 (the effective date of Public Act
2494-804) and beginning on the effective date of this amendatory
25Act of the 95th General Assembly, unless any organization
26licensee under the Illinois Horse Racing Act of 1975 begins to

 

 

SB0516 Engrossed- 59 -LRB101 04277 SMS 49285 b

1operate a slot machine or video game of chance under the
2Illinois Horse Racing Act of 1975 or this Act, after the
3payments required under subsections (b) and (c) have been made,
4an amount equal to 15% of the adjusted gross receipts of (1) an
5owners licensee that relocates pursuant to Section 11.2, (2) an
6owners licensee conducting riverboat gambling operations
7pursuant to an owners license that is initially issued after
8June 25, 1999, or (3) the first riverboat gambling operations
9conducted by a licensed manager on behalf of the State under
10Section 7.3, whichever comes first, shall be paid from the
11State Gaming Fund into the Horse Racing Equity Fund.
12    (c-10) Each year the General Assembly shall appropriate
13from the General Revenue Fund to the Education Assistance Fund
14an amount equal to the amount paid into the Horse Racing Equity
15Fund pursuant to subsection (c-5) in the prior calendar year.
16    (c-15) After the payments required under subsections (b),
17(c), and (c-5) have been made, an amount equal to 2% of the
18adjusted gross receipts of (1) an owners licensee that
19relocates pursuant to Section 11.2, (2) an owners licensee
20conducting riverboat gambling operations pursuant to an owners
21license that is initially issued after June 25, 1999, or (3)
22the first riverboat gambling operations conducted by a licensed
23manager on behalf of the State under Section 7.3, whichever
24comes first, shall be paid, subject to appropriation from the
25General Assembly, from the State Gaming Fund to each home rule
26county with a population of over 3,000,000 inhabitants for the

 

 

SB0516 Engrossed- 60 -LRB101 04277 SMS 49285 b

1purpose of enhancing the county's criminal justice system.
2    (c-20) Each year the General Assembly shall appropriate
3from the General Revenue Fund to the Education Assistance Fund
4an amount equal to the amount paid to each home rule county
5with a population of over 3,000,000 inhabitants pursuant to
6subsection (c-15) in the prior calendar year.
7    (c-25) On July 1, 2013 and each July 1 thereafter,
8$1,600,000 shall be transferred from the State Gaming Fund to
9the Chicago State University Education Improvement Fund.
10    (c-30) On July 1, 2013 or as soon as possible thereafter,
11$92,000,000 shall be transferred from the State Gaming Fund to
12the School Infrastructure Fund and $23,000,000 shall be
13transferred from the State Gaming Fund to the Horse Racing
14Equity Fund.
15    (c-35) Beginning on July 1, 2013, in addition to any amount
16transferred under subsection (c-30) of this Section,
17$5,530,000 shall be transferred monthly from the State Gaming
18Fund to the School Infrastructure Fund.
19    (d) From time to time, the Board shall transfer the
20remainder of the funds generated by this Act into the Education
21Assistance Fund, created by Public Act 86-0018, of the State of
22Illinois.
23    (e) Nothing in this Act shall prohibit the unit of local
24government designated as the home dock of the riverboat from
25entering into agreements with other units of local government
26in this State or in other states to share its portion of the

 

 

SB0516 Engrossed- 61 -LRB101 04277 SMS 49285 b

1tax revenue.
2    (f) To the extent practicable, the Board shall administer
3and collect the wagering taxes imposed by this Section in a
4manner consistent with the provisions of Sections 4, 5, 5a, 5b,
55c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9, and 10 of the
6Retailers' Occupation Tax Act and Section 3-7 of the Uniform
7Penalty and Interest Act.
8(Source: P.A. 98-18, eff. 6-7-13.)
 
9    (230 ILCS 10/18)  (from Ch. 120, par. 2418)
10    Sec. 18. Prohibited Activities - Penalty.
11    (a) A person is guilty of a Class A misdemeanor for doing
12any of the following:
13        (1) Conducting gambling where wagering is used or to be
14    used without a license issued by the Board.
15        (2) Conducting gambling where wagering is permitted
16    other than in the manner specified by Section 11.
17    (b) A person is guilty of a Class B misdemeanor for doing
18any of the following:
19        (1) permitting a person under 21 years to make a wager;
20    or
21        (2) violating paragraph (12) of subsection (a) of
22    Section 11 of this Act.
23    (c) A person wagering or accepting a wager at any location
24outside the riverboat or casino is subject to the penalties in
25paragraphs (1) or (2) of subsection (a) of Section 28-1 of the

 

 

SB0516 Engrossed- 62 -LRB101 04277 SMS 49285 b

1Criminal Code of 2012.
2    (d) A person commits a Class 4 felony and, in addition,
3shall be barred for life from gambling operations riverboats
4under the jurisdiction of the Board, if the person does any of
5the following:
6        (1) Offers, promises, or gives anything of value or
7    benefit to a person who is connected with a riverboat or
8    casino owner including, but not limited to, an officer or
9    employee of a licensed owner or holder of an occupational
10    license pursuant to an agreement or arrangement or with the
11    intent that the promise or thing of value or benefit will
12    influence the actions of the person to whom the offer,
13    promise, or gift was made in order to affect or attempt to
14    affect the outcome of a gambling game, or to influence
15    official action of a member of the Board.
16        (2) Solicits or knowingly accepts or receives a promise
17    of anything of value or benefit while the person is
18    connected with a riverboat or casino including, but not
19    limited to, an officer or employee of a licensed owner, or
20    holder of an occupational license, pursuant to an
21    understanding or arrangement or with the intent that the
22    promise or thing of value or benefit will influence the
23    actions of the person to affect or attempt to affect the
24    outcome of a gambling game, or to influence official action
25    of a member of the Board.
26        (3) Uses or possesses with the intent to use a device

 

 

SB0516 Engrossed- 63 -LRB101 04277 SMS 49285 b

1    to assist:
2            (i) In projecting the outcome of the game.
3            (ii) In keeping track of the cards played.
4            (iii) In analyzing the probability of the
5        occurrence of an event relating to the gambling game.
6            (iv) In analyzing the strategy for playing or
7        betting to be used in the game except as permitted by
8        the Board.
9        (4) Cheats at a gambling game.
10        (5) Manufactures, sells, or distributes any cards,
11    chips, dice, game or device which is intended to be used to
12    violate any provision of this Act.
13        (6) Alters or misrepresents the outcome of a gambling
14    game on which wagers have been made after the outcome is
15    made sure but before it is revealed to the players.
16        (7) Places a bet after acquiring knowledge, not
17    available to all players, of the outcome of the gambling
18    game which is subject of the bet or to aid a person in
19    acquiring the knowledge for the purpose of placing a bet
20    contingent on that outcome.
21        (8) Claims, collects, or takes, or attempts to claim,
22    collect, or take, money or anything of value in or from the
23    gambling games, with intent to defraud, without having made
24    a wager contingent on winning a gambling game, or claims,
25    collects, or takes an amount of money or thing of value of
26    greater value than the amount won.

 

 

SB0516 Engrossed- 64 -LRB101 04277 SMS 49285 b

1        (9) Uses counterfeit chips or tokens in a gambling
2    game.
3        (10) Possesses any key or device designed for the
4    purpose of opening, entering, or affecting the operation of
5    a gambling game, drop box, or an electronic or mechanical
6    device connected with the gambling game or for removing
7    coins, tokens, chips or other contents of a gambling game.
8    This paragraph (10) does not apply to a gambling licensee
9    or employee of a gambling licensee acting in furtherance of
10    the employee's employment.
11    (e) The possession of more than one of the devices
12described in subsection (d), paragraphs (3), (5), or (10)
13permits a rebuttable presumption that the possessor intended to
14use the devices for cheating.
15    (f) A person under the age of 21 who, except as authorized
16under paragraph (10) of Section 11, enters upon a riverboat or
17in a casino commits a petty offense and is subject to a fine of
18not less than $100 or more than $250 for a first offense and of
19not less than $200 or more than $500 for a second or subsequent
20offense.
21    An action to prosecute any crime occurring on a riverboat
22shall be tried in the county of the dock at which the riverboat
23is based. An action to prosecute any crime occurring in a
24casino shall be tried in the county in which the casino is
25located.
26(Source: P.A. 96-1392, eff. 1-1-11; 97-1150, eff. 1-25-13.)
 

 

 

SB0516 Engrossed- 65 -LRB101 04277 SMS 49285 b

1    (230 ILCS 10/18.1)
2    Sec. 18.1. Distribution of certain fines. If a fine is
3imposed on an owner licensee for knowingly sending marketing or
4promotional materials to any person placed on the
5self-exclusion list, then the Board shall distribute an amount
6equal to 15% of the fine imposed to the unit of local
7government in which the casino or riverboat is located for the
8purpose of awarding grants to non-profit entities that assist
9gambling addicts.
10(Source: P.A. 96-224, eff. 8-11-09.)
 
11    (230 ILCS 10/19)  (from Ch. 120, par. 2419)
12    Sec. 19. Forfeiture of property.
13    (a) Except as provided in subsection (b), any riverboat or
14casino used for the conduct of gambling games in violation of
15this Act shall be considered a gambling place in violation of
16Section 28-3 of the Criminal Code of 2012. Every gambling
17device found on a riverboat or in a casino operating gambling
18games in violation of this Act shall be subject to seizure,
19confiscation and destruction as provided in Section 28-5 of the
20Criminal Code of 2012.
21    (b) It is not a violation of this Act for a riverboat or
22other watercraft which is licensed for gaming by a contiguous
23state to dock on the shores of this State if the municipality
24having jurisdiction of the shores, or the county in the case of

 

 

SB0516 Engrossed- 66 -LRB101 04277 SMS 49285 b

1unincorporated areas, has granted permission for docking and no
2gaming is conducted on the riverboat or other watercraft while
3it is docked on the shores of this State. No gambling device
4shall be subject to seizure, confiscation or destruction if the
5gambling device is located on a riverboat or other watercraft
6which is licensed for gaming by a contiguous state and which is
7docked on the shores of this State if the municipality having
8jurisdiction of the shores, or the county in the case of
9unincorporated areas, has granted permission for docking and no
10gaming is conducted on the riverboat or other watercraft while
11it is docked on the shores of this State.
12(Source: P.A. 97-1150, eff. 1-25-13.)
 
13    (230 ILCS 10/20)  (from Ch. 120, par. 2420)
14    Sec. 20. Prohibited activities - civil penalties. Any
15person who conducts a gambling operation without first
16obtaining a license to do so, or who continues to conduct such
17games after revocation of his license, or any licensee who
18conducts or allows to be conducted any unauthorized gambling
19games on a riverboat or in a casino where it is authorized to
20conduct its riverboat gambling operation, in addition to other
21penalties provided, shall be subject to a civil penalty equal
22to the amount of gross receipts derived from wagering on the
23gambling games, whether unauthorized or authorized, conducted
24on that day as well as confiscation and forfeiture of all
25gambling game equipment used in the conduct of unauthorized

 

 

SB0516 Engrossed- 67 -LRB101 04277 SMS 49285 b

1gambling games.
2(Source: P.A. 86-1029.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.