Sen. James F. Clayborne, Jr.
Filed: 5/13/2013
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1 | AMENDMENT TO HOUSE BILL 996
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2 | AMENDMENT NO. ______. Amend House Bill 996, AS AMENDED, by | ||||||
3 | inserting the following immediately above Section 5:
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4 | "Section 3. The Riverboat Gambling Act is amended by | ||||||
5 | changing Section 5 as follows:
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6 | (230 ILCS 10/5) (from Ch. 120, par. 2405)
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7 | Sec. 5. Gaming Board.
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8 | (a) (1) There is hereby established the
Illinois Gaming | ||||||
9 | Board, which shall have the powers and duties specified in
this | ||||||
10 | Act, and all other powers necessary and proper to fully and
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11 | effectively execute this Act for the purpose of administering, | ||||||
12 | regulating,
and enforcing the system of riverboat gambling | ||||||
13 | established by this Act. Its
jurisdiction shall extend under | ||||||
14 | this Act to every person, association,
corporation, | ||||||
15 | partnership and trust involved in riverboat gambling
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16 | operations in the State of Illinois.
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1 | (2) The Board shall consist of 5 members to be appointed by | ||||||
2 | the Governor
with the advice and consent of the Senate, one of | ||||||
3 | whom shall be designated
by the Governor to be chairman. Each | ||||||
4 | member shall have a reasonable
knowledge of the practice, | ||||||
5 | procedure and principles of gambling operations.
Each member | ||||||
6 | shall either be a resident of Illinois or shall certify that he
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7 | will become a resident of Illinois before taking office. At | ||||||
8 | least one member
shall be experienced in law enforcement and | ||||||
9 | criminal investigation, at
least one member shall be a | ||||||
10 | certified public accountant experienced in
accounting and | ||||||
11 | auditing, and at least one member shall be a lawyer licensed
to | ||||||
12 | practice law in Illinois.
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13 | (3) The terms of office of the Board members shall be 3 | ||||||
14 | years, except
that the terms of office of the initial Board | ||||||
15 | members appointed pursuant to
this Act will commence from the | ||||||
16 | effective date of this Act and run as
follows: one for a term | ||||||
17 | ending July 1, 1991, 2 for a term ending July 1,
1992, and 2 for | ||||||
18 | a term ending July 1, 1993. Upon the expiration of the
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19 | foregoing terms, the successors of such members shall serve a | ||||||
20 | term for 3
years and until their successors are appointed and | ||||||
21 | qualified for like terms.
Vacancies in the Board shall be | ||||||
22 | filled for the unexpired term in like
manner as original | ||||||
23 | appointments. Each member of the Board shall be
eligible for | ||||||
24 | reappointment at the discretion of the Governor with the
advice | ||||||
25 | and consent of the Senate.
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26 | (4) Each member of the Board shall receive $300 for each |
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1 | day the
Board meets and for each day the member conducts any | ||||||
2 | hearing pursuant to
this Act. Each member of the Board shall | ||||||
3 | also be reimbursed for all actual
and necessary expenses and | ||||||
4 | disbursements incurred in the execution of official
duties.
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5 | (5) No person shall be appointed a member of the Board or | ||||||
6 | continue to be
a member of the Board who is, or whose spouse, | ||||||
7 | child or parent is, a member
of the board of directors of, or a | ||||||
8 | person financially interested in, any
gambling operation | ||||||
9 | subject to the jurisdiction of this Board, or any race
track, | ||||||
10 | race meeting, racing association or the operations thereof | ||||||
11 | subject
to the jurisdiction of the Illinois Racing Board. No | ||||||
12 | Board member shall
hold any other public office. No person | ||||||
13 | shall be a
member of the Board who is not of good moral | ||||||
14 | character or who has been
convicted of, or is under indictment | ||||||
15 | for, a felony under the laws of
Illinois or any other state, or | ||||||
16 | the United States.
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17 | (5.5) No member of the Board shall engage in any political | ||||||
18 | activity. For the purposes of this Section, "political" means | ||||||
19 | any activity in support
of or in connection with any campaign | ||||||
20 | for federal, State, or local elective office or any political
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21 | organization, but does not include activities (i) relating to | ||||||
22 | the support or
opposition of any executive, legislative, or | ||||||
23 | administrative action (as those
terms are defined in Section 2 | ||||||
24 | of the Lobbyist Registration Act), (ii) relating
to collective | ||||||
25 | bargaining, or (iii) that are
otherwise
in furtherance of the | ||||||
26 | person's official
State duties or governmental and public |
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1 | service functions.
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2 | (6) Any member of the Board may be removed by the Governor | ||||||
3 | for neglect
of duty, misfeasance, malfeasance, or nonfeasance | ||||||
4 | in office or for engaging in any political activity.
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5 | (7) Before entering upon the discharge of the duties of his | ||||||
6 | office, each
member of the Board shall take an oath that he | ||||||
7 | will faithfully execute the
duties of his office according to | ||||||
8 | the laws of the State and the rules and
regulations adopted | ||||||
9 | therewith and shall give bond to the State of Illinois,
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10 | approved by the Governor, in the sum of $25,000. Every such | ||||||
11 | bond, when
duly executed and approved, shall be recorded in the | ||||||
12 | office of the
Secretary of State. Whenever the Governor | ||||||
13 | determines that the bond of any
member of the Board has become | ||||||
14 | or is likely to become invalid or
insufficient, he shall | ||||||
15 | require such member forthwith to renew his bond,
which is to be | ||||||
16 | approved by the Governor. Any member of the Board who fails
to | ||||||
17 | take oath and give bond within 30 days from the date of his | ||||||
18 | appointment,
or who fails to renew his bond within 30 days | ||||||
19 | after it is demanded by the
Governor, shall be guilty of | ||||||
20 | neglect of duty and may be removed by the
Governor. The cost of | ||||||
21 | any bond given by any member of the Board under this
Section | ||||||
22 | shall be taken to be a part of the necessary expenses of the | ||||||
23 | Board.
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24 | (7.5) For the examination of all mechanical, | ||||||
25 | electromechanical, or electronic table games, slot machines, | ||||||
26 | slot accounting systems, and other electronic gaming equipment |
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1 | for compliance with this Act, the Board may utilize the | ||||||
2 | services of one or more independent outside testing | ||||||
3 | laboratories that have been accredited by a national | ||||||
4 | accreditation body and that, in the judgment of the Board, are | ||||||
5 | qualified to perform such examinations. | ||||||
6 | (8) The Board shall employ such
personnel as may be | ||||||
7 | necessary to carry out its functions and shall determine the | ||||||
8 | salaries of all personnel, except those personnel whose | ||||||
9 | salaries are determined under the terms of a collective | ||||||
10 | bargaining agreement. No
person shall be employed to serve the | ||||||
11 | Board who is, or whose spouse, parent
or child is, an official | ||||||
12 | of, or has a financial interest in or financial
relation with, | ||||||
13 | any operator engaged in gambling operations within this
State | ||||||
14 | or any organization engaged in conducting horse racing within | ||||||
15 | this
State. Any employee violating these prohibitions shall be | ||||||
16 | subject to
termination of employment.
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17 | (9) An Administrator shall perform any and all duties that | ||||||
18 | the Board
shall assign him. The salary of the Administrator | ||||||
19 | shall be determined by
the Board and, in addition,
he shall be | ||||||
20 | reimbursed for all actual and necessary expenses incurred by
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21 | him in discharge of his official duties. The Administrator | ||||||
22 | shall keep
records of all proceedings of the Board and shall | ||||||
23 | preserve all records,
books, documents and other papers | ||||||
24 | belonging to the Board or entrusted to
its care. The | ||||||
25 | Administrator shall devote his full time to the duties of
the | ||||||
26 | office and shall not hold any other office or employment.
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1 | (b) The Board shall have general responsibility for the | ||||||
2 | implementation
of this Act. Its duties include, without | ||||||
3 | limitation, the following:
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4 | (1) To decide promptly and in reasonable order all | ||||||
5 | license applications.
Any party aggrieved by an action of | ||||||
6 | the Board denying, suspending,
revoking, restricting or | ||||||
7 | refusing to renew a license may request a hearing
before | ||||||
8 | the Board. A request for a hearing must be made to the | ||||||
9 | Board in
writing within 5 days after service of notice of | ||||||
10 | the action of the Board.
Notice of the action of the Board | ||||||
11 | shall be served either by personal
delivery or by certified | ||||||
12 | mail, postage prepaid, to the aggrieved party.
Notice | ||||||
13 | served by certified mail shall be deemed complete on the | ||||||
14 | business
day following the date of such mailing. The Board | ||||||
15 | shall conduct all
requested hearings promptly and in | ||||||
16 | reasonable order;
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17 | (2) To conduct all hearings pertaining to civil | ||||||
18 | violations of this Act
or rules and regulations promulgated | ||||||
19 | hereunder;
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20 | (3) To promulgate such rules and regulations as in its | ||||||
21 | judgment may be
necessary to protect or enhance the | ||||||
22 | credibility and integrity of gambling
operations | ||||||
23 | authorized by this Act and the regulatory process | ||||||
24 | hereunder;
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25 | (4) To provide for the establishment and collection of | ||||||
26 | all license and
registration fees and taxes imposed by this |
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1 | Act and the rules and
regulations issued pursuant hereto. | ||||||
2 | All such fees and taxes shall be
deposited into the State | ||||||
3 | Gaming Fund;
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4 | (5) To provide for the levy and collection of penalties | ||||||
5 | and fines for the
violation of provisions of this Act and | ||||||
6 | the rules and regulations
promulgated hereunder. All such | ||||||
7 | fines and penalties shall be deposited
into the Education | ||||||
8 | Assistance Fund, created by Public Act 86-0018, of the
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9 | State of Illinois;
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10 | (6) To be present through its inspectors and agents any | ||||||
11 | time gambling
operations are conducted on any riverboat for | ||||||
12 | the purpose of certifying the
revenue thereof, receiving | ||||||
13 | complaints from the public, and conducting such
other | ||||||
14 | investigations into the conduct of the gambling games and | ||||||
15 | the
maintenance of the equipment as from time to time the | ||||||
16 | Board may deem
necessary and proper;
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17 | (7) To review and rule upon any complaint by a licensee
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18 | regarding any investigative procedures of the State which | ||||||
19 | are unnecessarily
disruptive of gambling operations. The | ||||||
20 | need to inspect and investigate
shall be presumed at all | ||||||
21 | times. The disruption of a licensee's operations
shall be | ||||||
22 | proved by clear and convincing evidence, and establish | ||||||
23 | that: (A)
the procedures had no reasonable law enforcement | ||||||
24 | purposes, and (B) the
procedures were so disruptive as to | ||||||
25 | unreasonably inhibit gambling operations;
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26 | (8) To hold at least one meeting each quarter of the |
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1 | fiscal
year. In addition, special meetings may be called by | ||||||
2 | the Chairman or any 2
Board members upon 72 hours written | ||||||
3 | notice to each member. All Board
meetings shall be subject | ||||||
4 | to the Open Meetings Act. Three members of the
Board shall | ||||||
5 | constitute a quorum, and 3 votes shall be required for any
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6 | final determination by the Board. The Board shall keep a | ||||||
7 | complete and
accurate record of all its meetings. A | ||||||
8 | majority of the members of the Board
shall constitute a | ||||||
9 | quorum for the transaction of any business, for the
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10 | performance of any duty, or for the exercise of any power | ||||||
11 | which this Act
requires the Board members to transact, | ||||||
12 | perform or exercise en banc, except
that, upon order of the | ||||||
13 | Board, one of the Board members or an
administrative law | ||||||
14 | judge designated by the Board may conduct any hearing
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15 | provided for under this Act or by Board rule and may | ||||||
16 | recommend findings and
decisions to the Board. The Board | ||||||
17 | member or administrative law judge
conducting such hearing | ||||||
18 | shall have all powers and rights granted to the
Board in | ||||||
19 | this Act. The record made at the time of the hearing shall | ||||||
20 | be
reviewed by the Board, or a majority thereof, and the | ||||||
21 | findings and decision
of the majority of the Board shall | ||||||
22 | constitute the order of the Board in
such case;
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23 | (9) To maintain records which are separate and distinct | ||||||
24 | from the records
of any other State board or commission. | ||||||
25 | Such records shall be available
for public inspection and | ||||||
26 | shall accurately reflect all Board proceedings;
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1 | (10) To file a written annual report with the Governor | ||||||
2 | on or before
March 1 each year and such additional reports | ||||||
3 | as the Governor may request.
The annual report shall | ||||||
4 | include a statement of receipts and disbursements
by the | ||||||
5 | Board, actions taken by the Board, and any additional | ||||||
6 | information
and recommendations which the Board may deem | ||||||
7 | valuable or which the Governor
may request;
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8 | (11) (Blank);
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9 | (12) (Blank);
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10 | (13) To assume responsibility for administration and | ||||||
11 | enforcement of the
Video Gaming Act; and | ||||||
12 | (14) To adopt, by rule, a code of conduct governing | ||||||
13 | Board members and employees that ensure, to the maximum | ||||||
14 | extent possible, that persons subject to this Code avoid | ||||||
15 | situations, relationships, or associations that may | ||||||
16 | represent or lead to a conflict of interest.
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17 | (c) The Board shall have jurisdiction over and shall | ||||||
18 | supervise all
gambling operations governed by this Act. The | ||||||
19 | Board shall have all powers
necessary and proper to fully and | ||||||
20 | effectively execute the provisions of
this Act, including, but | ||||||
21 | not limited to, the following:
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22 | (1) To investigate applicants and determine the | ||||||
23 | eligibility of
applicants for licenses and to select among | ||||||
24 | competing applicants the
applicants which best serve the | ||||||
25 | interests of the citizens of Illinois.
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26 | (2) To have jurisdiction and supervision over all |
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1 | riverboat gambling
operations in this State and all persons | ||||||
2 | on riverboats where gambling
operations are conducted.
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3 | (3) To promulgate rules and regulations for the purpose | ||||||
4 | of administering
the provisions of this Act and to | ||||||
5 | prescribe rules, regulations and
conditions under which | ||||||
6 | all riverboat gambling in the State shall be
conducted. | ||||||
7 | Such rules and regulations are to provide for the | ||||||
8 | prevention of
practices detrimental to the public interest | ||||||
9 | and for the best interests of
riverboat gambling, including | ||||||
10 | rules and regulations regarding the
inspection of such | ||||||
11 | riverboats and the review of any permits or licenses
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12 | necessary to operate a riverboat under any laws or | ||||||
13 | regulations applicable
to riverboats, and to impose | ||||||
14 | penalties for violations thereof.
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15 | (4) To enter the office, riverboats, facilities, or | ||||||
16 | other
places of business of a licensee, where evidence of | ||||||
17 | the compliance or
noncompliance with the provisions of this | ||||||
18 | Act is likely to be found.
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19 | (5) To investigate alleged violations of this Act or | ||||||
20 | the
rules of the Board and to take appropriate disciplinary
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21 | action against a licensee or a holder of an occupational | ||||||
22 | license for a
violation, or institute appropriate legal | ||||||
23 | action for enforcement, or both.
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24 | (6) To adopt standards for the licensing of all persons | ||||||
25 | under this Act,
as well as for electronic or mechanical | ||||||
26 | gambling games, and to establish
fees for such licenses.
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1 | (7) To adopt appropriate standards for all riverboats
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2 | and facilities.
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3 | (8) To require that the records, including financial or | ||||||
4 | other statements
of any licensee under this Act, shall be | ||||||
5 | kept in such manner as prescribed
by the Board and that any | ||||||
6 | such licensee involved in the ownership or
management of | ||||||
7 | gambling operations submit to the Board an annual balance
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8 | sheet and profit and loss statement, list of the | ||||||
9 | stockholders or other
persons having a 1% or greater | ||||||
10 | beneficial interest in the gambling
activities of each | ||||||
11 | licensee, and any other information the Board deems
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12 | necessary in order to effectively administer this Act and | ||||||
13 | all rules,
regulations, orders and final decisions | ||||||
14 | promulgated under this Act.
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15 | (9) To conduct hearings, issue subpoenas for the | ||||||
16 | attendance of
witnesses and subpoenas duces tecum for the | ||||||
17 | production of books, records
and other pertinent documents | ||||||
18 | in accordance with the Illinois
Administrative Procedure | ||||||
19 | Act, and to administer oaths and affirmations to
the | ||||||
20 | witnesses, when, in the judgment of the Board, it is | ||||||
21 | necessary to
administer or enforce this Act or the Board | ||||||
22 | rules.
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23 | (10) To prescribe a form to be used by any licensee | ||||||
24 | involved in the
ownership or management of gambling | ||||||
25 | operations as an
application for employment for their | ||||||
26 | employees.
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1 | (11) To revoke or suspend licenses, as the Board may | ||||||
2 | see fit and in
compliance with applicable laws of the State | ||||||
3 | regarding administrative
procedures, and to review | ||||||
4 | applications for the renewal of licenses. The
Board may | ||||||
5 | suspend an owners license, without notice or hearing upon a
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6 | determination that the safety or health of patrons or | ||||||
7 | employees is
jeopardized by continuing a riverboat's | ||||||
8 | operation. The suspension may
remain in effect until the | ||||||
9 | Board determines that the cause for suspension
has been | ||||||
10 | abated. The Board may revoke the owners license upon a
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11 | determination that the owner has not made satisfactory | ||||||
12 | progress toward
abating the hazard.
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13 | (12) To eject or exclude or authorize the ejection or | ||||||
14 | exclusion of, any
person from riverboat gambling | ||||||
15 | facilities where such person is in violation
of this Act, | ||||||
16 | rules and regulations thereunder, or final orders of the
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17 | Board, or where such person's conduct or reputation is such | ||||||
18 | that his
presence within the riverboat gambling facilities | ||||||
19 | may, in the opinion of
the Board, call into question the | ||||||
20 | honesty and integrity of the gambling
operations or | ||||||
21 | interfere with orderly conduct thereof; provided that the
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22 | propriety of such ejection or exclusion is subject to | ||||||
23 | subsequent hearing
by the Board.
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24 | (13) To require all licensees of gambling operations to | ||||||
25 | utilize a
cashless wagering system whereby all players' | ||||||
26 | money is converted to tokens,
electronic cards, or chips |
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1 | which shall be used only for wagering in the
gambling | ||||||
2 | establishment.
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3 | (14) (Blank).
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4 | (15) To suspend, revoke or restrict licenses, to | ||||||
5 | require the
removal of a licensee or an employee of a | ||||||
6 | licensee for a violation of this
Act or a Board rule or for | ||||||
7 | engaging in a fraudulent practice, and to
impose civil | ||||||
8 | penalties of up to $5,000 against individuals and up to
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9 | $10,000 or an amount equal to the daily gross receipts, | ||||||
10 | whichever is
larger, against licensees for each violation | ||||||
11 | of any provision of the Act,
any rules adopted by the | ||||||
12 | Board, any order of the Board or any other action
which, in | ||||||
13 | the Board's discretion, is a detriment or impediment to | ||||||
14 | riverboat
gambling operations.
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15 | (16) To hire employees to gather information, conduct | ||||||
16 | investigations
and carry out any other tasks contemplated | ||||||
17 | under this Act.
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18 | (17) To establish minimum levels of insurance to be | ||||||
19 | maintained by
licensees.
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20 | (18) To authorize a licensee to sell or serve alcoholic | ||||||
21 | liquors, wine or
beer as defined in the Liquor Control Act | ||||||
22 | of 1934 on board a riverboat
and to have exclusive | ||||||
23 | authority to establish the hours for sale and
consumption | ||||||
24 | of alcoholic liquor on board a riverboat, notwithstanding | ||||||
25 | any
provision of the Liquor Control Act of 1934 or any | ||||||
26 | local ordinance, and
regardless of whether the riverboat |
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1 | makes excursions. The
establishment of the hours for sale | ||||||
2 | and consumption of alcoholic liquor on
board a riverboat is | ||||||
3 | an exclusive power and function of the State. A home
rule | ||||||
4 | unit may not establish the hours for sale and consumption | ||||||
5 | of alcoholic
liquor on board a riverboat. This amendatory | ||||||
6 | Act of 1991 is a denial and
limitation of home rule powers | ||||||
7 | and functions under subsection (h) of
Section 6 of Article | ||||||
8 | VII of the Illinois Constitution.
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9 | (19) After consultation with the U.S. Army Corps of | ||||||
10 | Engineers, to
establish binding emergency orders upon the | ||||||
11 | concurrence of a majority of
the members of the Board | ||||||
12 | regarding the navigability of water, relative to
| ||||||
13 | excursions,
in the event
of extreme weather conditions, | ||||||
14 | acts of God or other extreme circumstances.
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15 | (20) To delegate the execution of any of its powers | ||||||
16 | under this Act for
the purpose of administering and | ||||||
17 | enforcing this Act and its rules and
regulations hereunder.
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18 | (20.5) To approve any contract entered into on its | ||||||
19 | behalf.
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20 | (20.6) To appoint investigators to conduct | ||||||
21 | investigations, searches, seizures, arrests, and other | ||||||
22 | duties imposed under this Act, as deemed necessary by the | ||||||
23 | Board. These investigators have and may exercise all of the | ||||||
24 | rights and powers of peace officers, provided that these | ||||||
25 | powers shall be limited to offenses or violations occurring | ||||||
26 | or committed on a riverboat or dock, as defined in |
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1 | subsections (d) and (f) of Section 4, or as otherwise | ||||||
2 | provided by this Act or any other law. | ||||||
3 | (20.7) To contract with the Department of State Police | ||||||
4 | for the use of trained and qualified State police officers | ||||||
5 | and with the Department of Revenue for the use of trained | ||||||
6 | and qualified Department of Revenue investigators to | ||||||
7 | conduct investigations, searches, seizures, arrests, and | ||||||
8 | other duties imposed under this Act and to exercise all of | ||||||
9 | the rights and powers of peace officers, provided that the | ||||||
10 | powers of Department of Revenue investigators under this | ||||||
11 | subdivision (20.7) shall be limited to offenses or | ||||||
12 | violations occurring or committed on a riverboat or dock, | ||||||
13 | as defined in subsections (d) and (f) of Section 4, or as | ||||||
14 | otherwise provided by this Act or any other law. In the | ||||||
15 | event the Department of State Police or the Department of | ||||||
16 | Revenue is unable to fill contracted police or | ||||||
17 | investigative positions, the Board may appoint | ||||||
18 | investigators to fill those positions pursuant to | ||||||
19 | subdivision (20.6).
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20 | (21) To take any other action as may be reasonable or | ||||||
21 | appropriate to
enforce this Act and rules and regulations | ||||||
22 | hereunder.
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23 | (d) The Board may seek and shall receive the cooperation of | ||||||
24 | the
Department of State Police in conducting background | ||||||
25 | investigations of
applicants and in fulfilling its | ||||||
26 | responsibilities under
this Section. Costs incurred by the |
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| |||||||
1 | Department of State Police as
a result of such cooperation | ||||||
2 | shall be paid by the Board in conformance
with the requirements | ||||||
3 | of Section 2605-400 of the Department of State Police Law
(20 | ||||||
4 | ILCS 2605/2605-400).
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5 | (e) The Board must authorize to each investigator and to | ||||||
6 | any other
employee of the Board exercising the powers of a | ||||||
7 | peace officer a distinct badge
that, on its face, (i) clearly | ||||||
8 | states that the badge is authorized by the Board
and
(ii) | ||||||
9 | contains a unique identifying number. No other badge shall be | ||||||
10 | authorized
by the Board.
| ||||||
11 | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; | ||||||
12 | 96-1000, eff. 7-2-10; 96-1392, eff. 1-1-11.)"; and
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13 | by inserting the following immediately below Section 5: | ||||||
14 | "Section 10. The Video Gaming
Act is amended by changing | ||||||
15 | Section 15 as follows: | ||||||
16 | (230 ILCS 40/15)
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17 | Sec. 15. Minimum requirements for
licensing and | ||||||
18 | registration. Every video gaming terminal offered for
play | ||||||
19 | shall first be
tested and approved pursuant to the rules of the | ||||||
20 | Board, and
each video gaming terminal offered in this State for | ||||||
21 | play shall conform to an
approved
model. For the examination of | ||||||
22 | video gaming machines and associated equipment as required by | ||||||
23 | this Section, the The Board may utilize the services of one or |
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1 | more an independent outside testing laboratories that have been | ||||||
2 | accredited by a national accreditation body and that, in the | ||||||
3 | judgment of the Board, are qualified to perform such | ||||||
4 | examinations laboratory for the
examination of video gaming | ||||||
5 | machines and associated equipment as required
by this Section . | ||||||
6 | Every video gaming terminal offered in this State for play must | ||||||
7 | meet minimum standards set by an independent outside testing | ||||||
8 | laboratory approved by the Board. Each approved model shall, at | ||||||
9 | a minimum, meet the following
criteria:
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10 | (1) It must conform to all requirements of federal law | ||||||
11 | and
regulations, including FCC Class A
Emissions | ||||||
12 | Standards.
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13 | (2) It must theoretically pay out a mathematically | ||||||
14 | demonstrable percentage
during the expected lifetime of | ||||||
15 | the machine
of all amounts played, which must not be less | ||||||
16 | than 80%. The Board shall establish a maximum payout | ||||||
17 | percentage for approved models by rule. Video gaming
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18 | terminals that may be affected by skill must meet this | ||||||
19 | standard when using a
method of play that will provide the | ||||||
20 | greatest return to the player over a
period of continuous | ||||||
21 | play.
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22 | (3) It must use a random selection process to determine | ||||||
23 | the outcome of
each play of a game. The random selection | ||||||
24 | process must meet 99% confidence
limits using a standard | ||||||
25 | chi-squared test for (randomness) goodness of fit.
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26 | (4) It must display an accurate representation of the |
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1 | game outcome.
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2 | (5) It must not automatically alter pay tables or any | ||||||
3 | function of the
video gaming terminal based on internal | ||||||
4 | computation of hold percentage or have
any means of | ||||||
5 | manipulation that affects the random selection process or
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6 | probabilities of winning a game.
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7 | (6) It must not be adversely affected by static | ||||||
8 | discharge or other
electromagnetic interference.
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9 | (7) It must be capable of detecting and displaying the | ||||||
10 | following
conditions
during idle states or on demand: power | ||||||
11 | reset; door open; and door just closed.
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12 | (8) It must have the capacity to display complete play | ||||||
13 | history
(outcome, intermediate play steps, credits | ||||||
14 | available, bets placed, credits
paid, and credits cashed | ||||||
15 | out) for the most recent game played and 10 games
prior
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16 | thereto.
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17 | (9) The theoretical payback percentage of a video | ||||||
18 | gaming terminal must
not be
capable of being changed | ||||||
19 | without making a hardware or software change in
the video | ||||||
20 | gaming terminal, either on site or via the central | ||||||
21 | communications system.
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22 | (10) Video gaming terminals must be designed so that | ||||||
23 | replacement of
parts or modules required for normal | ||||||
24 | maintenance does not necessitate
replacement of the | ||||||
25 | electromechanical meters.
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26 | (11) It must have nonresettable meters housed in a |
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1 | locked area of the
terminal that
keep a permanent record of | ||||||
2 | all cash inserted into the machine, all winnings
made by | ||||||
3 | the terminal printer, credits played in for video gaming | ||||||
4 | terminals, and
credits won by video gaming players. The | ||||||
5 | video gaming terminal must provide
the means for on-demand | ||||||
6 | display of stored information as determined by the
Board.
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7 | (12) Electronically stored meter information required | ||||||
8 | by this Section
must be preserved for a minimum of 180 days | ||||||
9 | after a power loss to the service.
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10 | (13) It must have one or more mechanisms that accept | ||||||
11 | cash in the
form of
bills. The mechanisms shall be designed | ||||||
12 | to prevent obtaining credits without
paying by stringing, | ||||||
13 | slamming, drilling, or other means. If such attempts at | ||||||
14 | physical tampering are made, the video gaming terminal | ||||||
15 | shall suspend itself from operating until reset.
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16 | (14) It shall have accounting software that keeps an | ||||||
17 | electronic record
which includes, but is not limited to, | ||||||
18 | the following: total cash inserted
into the video gaming | ||||||
19 | terminal; the value of winning tickets claimed by
players; | ||||||
20 | the
total credits played; the total
credits awarded
by a | ||||||
21 | video gaming terminal; and pay back percentage credited to | ||||||
22 | players of each video game.
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23 | (15) It shall be linked by a central communications | ||||||
24 | system
to provide
auditing program information as approved | ||||||
25 | by the Board. The central communications system shall use a | ||||||
26 | standard industry protocol, as defined by the Gaming |
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1 | Standards Association, and shall have the functionality to | ||||||
2 | enable the Board or its designee to activate or deactivate | ||||||
3 | individual gaming devices from the central communications | ||||||
4 | system. In no event may the
communications system approved | ||||||
5 | by the Board limit participation to only one
manufacturer | ||||||
6 | of video gaming terminals by either the cost in | ||||||
7 | implementing
the necessary program modifications to | ||||||
8 | communicate or the inability to
communicate with the | ||||||
9 | central communications system.
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10 | (16) The Board, in its discretion, may require video | ||||||
11 | gaming terminals to display Amber Alert messages if the | ||||||
12 | Board makes a finding that it would be economically and | ||||||
13 | technically feasible and pose no risk to the integrity and | ||||||
14 | security of the central communications system and video | ||||||
15 | gaming terminals.
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16 | The Board may adopt rules to establish additional criteria | ||||||
17 | to preserve the integrity and security of video gaming in this | ||||||
18 | State. The central communications system vendor may not hold | ||||||
19 | any license issued by the Board under this Act. | ||||||
20 | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; | ||||||
21 | 96-1410, eff. 7-30-10.)".
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