Full Text of SB2236 93rd General Assembly
SB2236eng 93RD GENERAL ASSEMBLY
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| AN ACT in relation to gaming.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Riverboat Gambling Act is amended by | 5 |
| changing Section 5 as follows:
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| (230 ILCS 10/5) (from Ch. 120, par. 2405)
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| Sec. 5. Gaming Board.
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| (a) (1) There is hereby established within the Department | 9 |
| of Revenue an
Illinois Gaming Board which shall have the powers | 10 |
| and duties specified in
this Act, and all other powers | 11 |
| necessary and proper to fully and
effectively execute this Act | 12 |
| for the purpose of administering, regulating,
and enforcing the | 13 |
| system of riverboat gambling established by this Act. Its
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| jurisdiction shall extend under this Act to every person, | 15 |
| association,
corporation, partnership and trust involved in | 16 |
| riverboat gambling
operations in the State of Illinois.
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| (2) The Board shall consist of 5 members to be appointed by | 18 |
| the Governor
with the advice and consent of the Senate, one of | 19 |
| whom shall be designated
by the Governor to be chairman. Each | 20 |
| member shall have a reasonable
knowledge of the practice, | 21 |
| procedure and principles of gambling operations.
Each member | 22 |
| shall either be a resident of Illinois or shall certify that he
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| or she will become a resident of Illinois before taking office. | 24 |
| At least one member
shall be experienced in law enforcement and | 25 |
| criminal investigation, at
least one member shall be a | 26 |
| certified public accountant experienced in
accounting and | 27 |
| auditing, and at least one member shall be a lawyer licensed
to | 28 |
| practice law in Illinois.
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| (3) The terms of office of the Board members shall be 3 | 30 |
| years, except
that the terms of office of the initial Board | 31 |
| members appointed pursuant to
this Act will commence from the | 32 |
| effective date of this Act and run as
follows: one for a term |
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| ending July 1, 1991, 2 for a term ending July 1,
1992, and 2 for | 2 |
| a term ending July 1, 1993. Upon the expiration of the
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| foregoing terms, the successors of such members shall serve a | 4 |
| term for 3
years and until their successors are appointed and | 5 |
| qualified for like terms.
Vacancies in the Board shall be | 6 |
| filled for the unexpired term in like
manner as original | 7 |
| appointments. Each member of the Board shall be
eligible for | 8 |
| reappointment at the discretion of the Governor with the
advice | 9 |
| and consent of the Senate.
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| (3.5) The terms of office of the Board members serving on | 11 |
| the effective date of this amendatory Act of the 93rd General | 12 |
| Assembly shall expire on that effective date. Five new Board | 13 |
| members shall be appointed in the manner provided under | 14 |
| paragraph (2) within 7 working days after the effective date of | 15 |
| this amendatory Act of the 93rd General Assembly. The terms of | 16 |
| office of the Board members shall be 3 years, except
that the | 17 |
| terms of office of the initial Board members appointed pursuant | 18 |
| to
this amendatory Act of the 93rd General Assembly shall | 19 |
| commence from the effective date of this amendatory Act of the | 20 |
| 93rd General Assembly and run as
follows: 2 for a term ending | 21 |
| July 1, 2005 and 3 for a term ending July 1, 2006. Upon the | 22 |
| expiration of the
foregoing terms, the successors of those | 23 |
| members shall serve a term for 3
years and until their | 24 |
| successors are appointed and qualified for like terms.
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| Vacancies in the Board shall be filled for the unexpired term | 26 |
| in like
manner as original appointments.
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| (4) Each member of the Board shall receive $300 for each | 28 |
| day the
Board meets and for each day the member conducts any | 29 |
| hearing pursuant to
this Act. Each member of the Board shall | 30 |
| also be reimbursed for all actual
and necessary expenses and | 31 |
| disbursements incurred in the execution of official
duties.
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| (5) No person shall be appointed a member of the Board or | 33 |
| continue to be
a member of the Board who is, or whose spouse, | 34 |
| child or parent is, a member
of the board of directors of, or a | 35 |
| person financially interested in, any
gambling operation | 36 |
| subject to the jurisdiction of this Board, or any race
track, |
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| race meeting, racing association or the operations thereof | 2 |
| subject
to the jurisdiction of the Illinois Racing Board. No | 3 |
| Board member shall
hold any other public office for which he or | 4 |
| she shall receive compensation other
than necessary travel or | 5 |
| other incidental expenses. No person shall be a
member of the | 6 |
| Board who is not of good moral character or who has been
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| convicted of, or is under indictment for, a felony under the | 8 |
| laws of
Illinois or any other state, or the United States.
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| (6) Any member of the Board may be removed by the Governor | 10 |
| for neglect
of duty, misfeasance, malfeasance, or nonfeasance | 11 |
| in office.
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| (7) Before entering upon the discharge of the duties of his | 13 |
| or her office, each
member of the Board shall take an oath that | 14 |
| he or she will faithfully execute the
duties of his or her
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| office according to the laws of the State and the rules and
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| regulations adopted therewith and shall give bond to the State | 17 |
| of Illinois,
approved by the Governor, in the sum of $25,000. | 18 |
| Every such bond, when
duly executed and approved, shall be | 19 |
| recorded in the office of the
Secretary of State. Whenever the | 20 |
| Governor determines that the bond of any
member of the Board | 21 |
| has become or is likely to become invalid or
insufficient, he | 22 |
| or she shall require such member forthwith to renew his or her
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| bond,
which is to be approved by the Governor. Any member of | 24 |
| the Board who fails
to take oath and give bond within 30 days | 25 |
| from the date of his or her appointment,
or who fails to renew | 26 |
| his or her bond within 30 days after it is demanded by the
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| Governor, shall be guilty of neglect of duty and may be removed | 28 |
| by the
Governor. The cost of any bond given by any member of | 29 |
| the Board under this
Section shall be taken to be a part of the | 30 |
| necessary expenses of the Board.
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| (8) Upon the request of the Board, the Department shall | 32 |
| employ such
personnel as may be necessary to carry out the | 33 |
| functions of the Board. No
person shall be employed to serve | 34 |
| the Board who is, or whose spouse, parent
or child is, an | 35 |
| official of, or has a financial interest in or financial
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| relation with, any operator engaged in gambling operations |
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| within this
State or any organization engaged in conducting | 2 |
| horse racing within this
State. Any employee violating these | 3 |
| prohibitions shall be subject to
termination of employment.
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| (9) An Administrator shall perform any and all duties that | 5 |
| the Board
shall assign him. The salary of the Administrator | 6 |
| shall be determined by
the Board and approved by the Director | 7 |
| of the Department and, in addition,
he shall be reimbursed for | 8 |
| all actual and necessary expenses incurred by
him in discharge | 9 |
| of his or her official duties. The Administrator shall keep
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| records of all proceedings of the Board and shall preserve all | 11 |
| records,
books, documents and other papers belonging to the | 12 |
| Board or entrusted to
its care. The Administrator shall devote | 13 |
| his or her full time to the duties of
the office and shall not | 14 |
| hold any other office or employment.
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| (b) The Board shall have general responsibility for the | 16 |
| implementation
of this Act. Its duties include, without | 17 |
| limitation, the following:
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| (1) To decide promptly and in reasonable order all | 19 |
| license applications.
Any party aggrieved by an action of | 20 |
| the Board denying, suspending,
revoking, restricting or | 21 |
| refusing to renew a license may request a hearing
before | 22 |
| the Board. A request for a hearing must be made to the | 23 |
| Board in
writing within 5 days after service of notice of | 24 |
| the action of the Board.
Notice of the action of the Board | 25 |
| shall be served either by personal
delivery or by certified | 26 |
| mail, postage prepaid, to the aggrieved party.
Notice | 27 |
| served by certified mail shall be deemed complete on the | 28 |
| business
day following the date of such mailing. The Board | 29 |
| shall conduct all
requested hearings promptly and in | 30 |
| reasonable order;
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| (2) To conduct all hearings pertaining to civil | 32 |
| violations of this Act
or rules and regulations promulgated | 33 |
| hereunder;
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| (3) To promulgate such rules and regulations as in its | 35 |
| judgment may be
necessary to protect or enhance the | 36 |
| credibility and integrity of gambling
operations |
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| authorized by this Act and the regulatory process | 2 |
| hereunder;
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| (4) To provide for the establishment and collection of | 4 |
| all license and
registration fees and taxes imposed by this | 5 |
| Act and the rules and
regulations issued pursuant hereto. | 6 |
| All such fees and taxes shall be
deposited into the State | 7 |
| Gaming Fund;
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| (5) To provide for the levy and collection of penalties | 9 |
| and fines for the
violation of provisions of this Act and | 10 |
| the rules and regulations
promulgated hereunder. All such | 11 |
| fines and penalties shall be deposited
into the Education | 12 |
| Assistance Fund, created by Public Act 86-0018, of the
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| State of Illinois;
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| (6) To be present through its inspectors and agents any | 15 |
| time gambling
operations are conducted on any riverboat for | 16 |
| the purpose of certifying the
revenue thereof, receiving | 17 |
| complaints from the public, and conducting such
other | 18 |
| investigations into the conduct of the gambling games and | 19 |
| the
maintenance of the equipment as from time to time the | 20 |
| Board may deem
necessary and proper;
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| (7) To review and rule upon any complaint by a licensee
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| regarding any investigative procedures of the State which | 23 |
| are unnecessarily
disruptive of gambling operations. The | 24 |
| need to inspect and investigate
shall be presumed at all | 25 |
| times. The disruption of a licensee's operations
shall be | 26 |
| proved by clear and convincing evidence, and establish | 27 |
| that: (A)
the procedures had no reasonable law enforcement | 28 |
| purposes, and (B) the
procedures were so disruptive as to | 29 |
| unreasonably inhibit gambling operations;
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| (8) To hold at least one meeting each quarter of the | 31 |
| fiscal
year. In addition, special meetings may be called by | 32 |
| the Chairman or any 2
Board members upon 72 hours written | 33 |
| notice to each member. All Board
meetings shall be subject | 34 |
| to the Open Meetings Act. Three members of the
Board shall | 35 |
| constitute a quorum, and 3 votes shall be required for any
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| final determination by the Board. The Board shall keep a |
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| complete and
accurate record of all its meetings. A | 2 |
| majority of the members of the Board
shall constitute a | 3 |
| quorum for the transaction of any business, for the
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| performance of any duty, or for the exercise of any power | 5 |
| which this Act
requires the Board members to transact, | 6 |
| perform or exercise en banc, except
that, upon order of the | 7 |
| Board, one of the Board members or an
administrative law | 8 |
| judge designated by the Board may conduct any hearing
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| provided for under this Act or by Board rule and may | 10 |
| recommend findings and
decisions to the Board. The Board | 11 |
| member or administrative law judge
conducting such hearing | 12 |
| shall have all powers and rights granted to the
Board in | 13 |
| this Act. The record made at the time of the hearing shall | 14 |
| be
reviewed by the Board, or a majority thereof, and the | 15 |
| findings and decision
of the majority of the Board shall | 16 |
| constitute the order of the Board in
such case;
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| (9) To maintain records which are separate and distinct | 18 |
| from the records
of any other State board or commission. | 19 |
| Such records shall be available
for public inspection and | 20 |
| shall accurately reflect all Board proceedings;
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| (10) To file a written annual report with the Governor | 22 |
| on or before
March 1 each year and such additional reports | 23 |
| as the Governor may request.
The annual report shall | 24 |
| include a statement of receipts and disbursements
by the | 25 |
| Board, actions taken by the Board, and any additional | 26 |
| information
and recommendations which the Board may deem | 27 |
| valuable or which the Governor
may request;
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| (11) (Blank); and
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| (12) To assume responsibility for the administration | 30 |
| and
enforcement of the Bingo License and Tax Act, the | 31 |
| Charitable Games Act, and
the Pull Tabs and Jar Games Act | 32 |
| if such responsibility is delegated to it
by the Director | 33 |
| of Revenue.
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| (c) The Board shall have jurisdiction over and shall | 35 |
| supervise all
gambling operations governed by this Act. The | 36 |
| Board shall have all powers
necessary and proper to fully and |
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| effectively execute the provisions of
this Act, including, but | 2 |
| not limited to, the following:
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| (1) To investigate applicants and determine the | 4 |
| eligibility of
applicants for licenses and to select among | 5 |
| competing applicants the
applicants which best serve the | 6 |
| interests of the citizens of Illinois.
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| (2) To have jurisdiction and supervision over all | 8 |
| riverboat gambling
operations in this State and all persons | 9 |
| on riverboats where gambling
operations are conducted.
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| (3) To promulgate rules and regulations for the purpose | 11 |
| of administering
the provisions of this Act and to | 12 |
| prescribe rules, regulations and
conditions under which | 13 |
| all riverboat gambling in the State shall be
conducted. | 14 |
| Such rules and regulations are to provide for the | 15 |
| prevention of
practices detrimental to the public interest | 16 |
| and for the best interests of
riverboat gambling, including | 17 |
| rules and regulations regarding the
inspection of such | 18 |
| riverboats and the review of any permits or licenses
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| necessary to operate a riverboat under any laws or | 20 |
| regulations applicable
to riverboats, and to impose | 21 |
| penalties for violations thereof.
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| (4) To enter the office, riverboats, facilities, or | 23 |
| other
places of business of a licensee, where evidence of | 24 |
| the compliance or
noncompliance with the provisions of this | 25 |
| Act is likely to be found.
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| (5) To investigate alleged violations of this Act or | 27 |
| the
rules of the Board and to take appropriate disciplinary
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| action against a licensee or a holder of an occupational | 29 |
| license for a
violation, or institute appropriate legal | 30 |
| action for enforcement, or both.
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| (6) To adopt standards for the licensing of all persons | 32 |
| under this Act,
as well as for electronic or mechanical | 33 |
| gambling games, and to establish
fees for such licenses.
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| (7) To adopt appropriate standards for all riverboats
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| and facilities.
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| (8) To require that the records, including financial or |
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| other statements
of any licensee under this Act, shall be | 2 |
| kept in such manner as prescribed
by the Board and that any | 3 |
| such licensee involved in the ownership or
management of | 4 |
| gambling operations submit to the Board an annual balance
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| sheet and profit and loss statement, list of the | 6 |
| stockholders or other
persons having a 1% or greater | 7 |
| beneficial interest in the gambling
activities of each | 8 |
| licensee, and any other information the Board deems
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| necessary in order to effectively administer this Act and | 10 |
| all rules,
regulations, orders and final decisions | 11 |
| promulgated under this Act.
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| (9) To conduct hearings, issue subpoenas for the | 13 |
| attendance of
witnesses and subpoenas duces tecum for the | 14 |
| production of books, records
and other pertinent documents | 15 |
| in accordance with the Illinois
Administrative Procedure | 16 |
| Act, and to administer oaths and affirmations to
the | 17 |
| witnesses, when, in the judgment of the Board, it is | 18 |
| necessary to
administer or enforce this Act or the Board | 19 |
| rules.
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| (10) To prescribe a form to be used by any licensee | 21 |
| involved in the
ownership or management of gambling | 22 |
| operations as an
application for employment for their | 23 |
| employees.
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| (11) To revoke or suspend licenses, as the Board may | 25 |
| see fit and in
compliance with applicable laws of the State | 26 |
| regarding administrative
procedures, and to review | 27 |
| applications for the renewal of licenses. The
Board may | 28 |
| suspend an owners license, without notice or hearing upon a
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| determination that the safety or health of patrons or | 30 |
| employees is
jeopardized by continuing a riverboat's | 31 |
| operation. The suspension may
remain in effect until the | 32 |
| Board determines that the cause for suspension
has been | 33 |
| abated. The Board may revoke the owners license upon a
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| determination that the owner has not made satisfactory | 35 |
| progress toward
abating the hazard.
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| (12) To eject or exclude or authorize the ejection or |
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| exclusion of, any
person from riverboat gambling | 2 |
| facilities where such person is in violation
of this Act, | 3 |
| rules and regulations thereunder, or final orders of the
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| Board, or where such person's conduct or reputation is such | 5 |
| that his
or her presence within the riverboat gambling | 6 |
| facilities may, in the opinion of
the Board, call into | 7 |
| question the honesty and integrity of the gambling
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| operations or interfere with orderly conduct thereof; | 9 |
| provided that the
propriety of such ejection or exclusion | 10 |
| is subject to subsequent hearing
by the Board.
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| (13) To require all licensees of gambling operations to | 12 |
| utilize a
cashless wagering system whereby all players' | 13 |
| money is converted to tokens,
electronic cards, or chips | 14 |
| which shall be used only for wagering in the
gambling | 15 |
| establishment.
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| (14) (Blank).
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| (15) To suspend, revoke or restrict licenses, to | 18 |
| require the
removal of a licensee or an employee of a | 19 |
| licensee for a violation of this
Act or a Board rule or for | 20 |
| engaging in a fraudulent practice, and to
impose civil | 21 |
| penalties of up to $5,000 against individuals and up to
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| $10,000 or an amount equal to the daily gross receipts, | 23 |
| whichever is
larger, against licensees for each violation | 24 |
| of any provision of the Act,
any rules adopted by the | 25 |
| Board, any order of the Board or any other action
which, in | 26 |
| the Board's discretion, is a detriment or impediment to | 27 |
| riverboat
gambling operations.
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| (16) To hire employees to gather information, conduct | 29 |
| investigations
and carry out any other tasks contemplated | 30 |
| under this Act.
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| (17) To establish minimum levels of insurance to be | 32 |
| maintained by
licensees.
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| (18) To authorize a licensee to sell or serve alcoholic | 34 |
| liquors, wine or
beer as defined in the Liquor Control Act | 35 |
| of 1934 on board a riverboat
and to have exclusive | 36 |
| authority to establish the hours for sale and
consumption |
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| of alcoholic liquor on board a riverboat, notwithstanding | 2 |
| any
provision of the Liquor Control Act of 1934 or any | 3 |
| local ordinance, and
regardless of whether the riverboat | 4 |
| makes excursions. The
establishment of the hours for sale | 5 |
| and consumption of alcoholic liquor on
board a riverboat is | 6 |
| an exclusive power and function of the State. A home
rule | 7 |
| unit may not establish the hours for sale and consumption | 8 |
| of alcoholic
liquor on board a riverboat. This amendatory | 9 |
| Act of 1991 is a denial and
limitation of home rule powers | 10 |
| and functions under subsection (h) of
Section 6 of Article | 11 |
| VII of the Illinois Constitution.
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| (19) After consultation with the U.S. Army Corps of | 13 |
| Engineers, to
establish binding emergency orders upon the | 14 |
| concurrence of a majority of
the members of the Board | 15 |
| regarding the navigability of water, relative to
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| excursions,
in the event
of extreme weather conditions, | 17 |
| acts of God or other extreme circumstances.
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| (20) To delegate the execution of any of its powers | 19 |
| under this Act for
the purpose of administering and | 20 |
| enforcing this Act and its rules and
regulations hereunder.
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| (21) To take any other action as may be reasonable or | 22 |
| appropriate to
enforce this Act and rules and regulations | 23 |
| hereunder.
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| (d) The Board may seek and shall receive the cooperation of | 25 |
| the
Department of State Police in conducting background | 26 |
| investigations of
applicants and in fulfilling its | 27 |
| responsibilities under
this Section. Costs incurred by the | 28 |
| Department of State Police as
a result of such cooperation | 29 |
| shall be paid by the Board in conformance
with the requirements | 30 |
| of Section 2605-400 of the Department of State Police Law
(20 | 31 |
| ILCS 2605/2605-400).
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| (e) The Board must authorize to each investigator and to | 33 |
| any other
employee of the Board exercising the powers of a | 34 |
| peace officer a distinct badge
that, on its face, (i) clearly | 35 |
| states that the badge is authorized by the Board
and
(ii) | 36 |
| contains a unique identifying number. No other badge shall be |
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| authorized
by the Board.
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| (Source: P.A. 91-40, eff. 1-1-00; 91-239, eff. 1-1-00; 91-883, | 3 |
| eff.
1-1-01.)
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| Section 99. Effective date. This Act takes effect upon | 5 |
| becoming law.
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