Full Text of SB0349 96th General Assembly
SB0349ham001 96TH GENERAL ASSEMBLY
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Executive Committee
Filed: 5/12/2009
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| AMENDMENT TO SENATE BILL 349
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| AMENDMENT NO. ______. Amend Senate Bill 349 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the Video | 5 |
| Gaming
Act.
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| Section 5. Definitions. As used in this Act:
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| "Board" means the Illinois Gaming Board.
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| "Credit" means 5, 10, or 25 cents either won or purchased | 9 |
| by a player.
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| "Distributor" means an individual, partnership, or | 11 |
| corporation licensed under
this Act to buy, sell, lease, or | 12 |
| distribute video gaming terminals or major
components or parts | 13 |
| of video gaming terminals to or from terminal
operators.
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| "Terminal operator" means an individual, partnership or | 15 |
| corporation that is
licensed under this Act and that owns, | 16 |
| services, and maintains video
gaming terminals for placement in |
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| licensed establishments, licensed fraternal
establishments, or | 2 |
| licensed veterans establishments.
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| "Licensed technician" means an individual
who
is licensed | 4 |
| under this Act to repair,
service, and maintain
video gaming | 5 |
| terminals.
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| "Manufacturer" means an individual, partnership, or | 7 |
| corporation that is
licensed under this Act and that | 8 |
| manufactures or assembles video gaming
terminals.
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| "Supplier" means an individual, partnership, or | 10 |
| corporation that is
licensed under this Act to supply major | 11 |
| components or parts to video gaming
terminals to licensed
| 12 |
| terminal operators.
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| "Net terminal income" means money put into a video gaming | 14 |
| terminal minus
credits paid out to players.
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| "Video gaming terminal" means any electronic video game | 16 |
| machine
that, upon insertion of cash, is available to play or | 17 |
| simulate the play of
a video game, including but not limited to | 18 |
| video poker, line up, and blackjack,
authorized by the Board | 19 |
| utilizing a video display and microprocessors in
which the | 20 |
| player may receive free games or credits that can be
redeemed | 21 |
| for cash. The term does not include a machine that directly
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| dispenses coins, cash, or tokens or is for amusement purposes | 23 |
| only.
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| "Licensed establishment" means any licensed retail | 25 |
| establishment where
alcoholic liquor is drawn, poured, mixed, | 26 |
| or otherwise served for consumption
on the premises. "Licensed |
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| establishment" does not include a facility operated by an | 2 |
| organization licensee, an intertrack wagering licensee, or an | 3 |
| intertrack wagering location licensee licensed under the | 4 |
| Illinois Horse Racing Act of 1975 or a riverboat licensed under | 5 |
| the Riverboat Gambling Act.
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| "Licensed fraternal establishment" means the location | 7 |
| where a qualified
fraternal organization that derives its | 8 |
| charter from a national fraternal
organization regularly | 9 |
| meets.
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| "Licensed veterans establishment" means the location where | 11 |
| a qualified
veterans organization that derives its charter from | 12 |
| a national veterans
organization regularly meets.
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| "Licensed truck stop establishment" means a facility that | 14 |
| is at least a
3-acre facility with a convenience store and with | 15 |
| separate diesel
islands for fueling commercial motor vehicles | 16 |
| and parking spaces for commercial
motor vehicles as defined in | 17 |
| Section 18b-101 of the Illinois Vehicle Code.
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| Section 15. Minimum requirements for
licensing and | 19 |
| registration. Every video gaming terminal offered for
play | 20 |
| shall first be
tested and approved pursuant to the rules of the | 21 |
| Board, and
each video gaming terminal offered in this State for | 22 |
| play shall conform to an
approved
model. The Board may contract | 23 |
| with an independent outside vendor for the
examination of video | 24 |
| gaming machines and associated equipment as required
by this | 25 |
| Section. Each approved model shall, at a minimum, meet the |
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| following
criteria:
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| (1) It must conform to all requirements of federal law | 3 |
| and
regulations, including FCC Class A
Emissions | 4 |
| Standards.
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| (2) It must theoretically pay out a mathematically | 6 |
| demonstrable percentage
during the expected lifetime of | 7 |
| the machine
of all amounts played, which must not be less | 8 |
| than 80%. Video gaming
terminals that may be affected by | 9 |
| skill must meet this standard when using a
method of play | 10 |
| that will provide the greatest return to the player over a
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| period of continuous play.
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| (3) It must use a random selection process to determine | 13 |
| the outcome of
each play of a game. The random selection | 14 |
| process must meet 99% confidence
limits using a standard | 15 |
| chi-squared test for (randomness) goodness of fit.
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| (4) It must display an accurate representation of the | 17 |
| game outcome.
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| (5) It must not automatically alter pay tables or any | 19 |
| function of the
video gaming terminal based on internal | 20 |
| computation of hold percentage or have
any means of | 21 |
| manipulation that affects the random selection process or
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| probabilities of winning a game.
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| (6) It must not be adversely affected by static | 24 |
| discharge or other
electromagnetic interference.
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| (7) It must be capable of detecting and displaying the | 26 |
| following
conditions
during idle states or on demand: power |
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| reset; door open; and door just closed.
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| (8) It must have the capacity to display complete play | 3 |
| history
(outcome, intermediate play steps, credits | 4 |
| available, bets placed, credits
paid, and credits cashed | 5 |
| out) for the most recent game played and 10 games
prior
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| thereto.
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| (9) The theoretical payback percentage of a video | 8 |
| gaming terminal must
not be
capable of being changed | 9 |
| without making a hardware or software change in
the video | 10 |
| gaming terminal.
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| (10) Video gaming terminals must be designed so that | 12 |
| replacement of
parts or modules required for normal | 13 |
| maintenance does not necessitate
replacement of the | 14 |
| electromechanical meters.
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| (11) It must have nonresettable meters housed in a | 16 |
| locked area of the
terminal that
keep a permanent record of | 17 |
| all cash inserted into the machine, all winnings
made by | 18 |
| the terminal printer, credits played in for video gaming | 19 |
| terminals, and
credits won by video gaming players. The | 20 |
| video gaming terminal must provide
the means for on-demand | 21 |
| display of stored information as determined by the
Board.
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| (12) Electronically stored meter information required | 23 |
| by this Section
must be preserved for a minimum of 180 days | 24 |
| after a power loss to the service.
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| (13) It must have one or more mechanisms that accept | 26 |
| coins or cash in the
form of
bills. The mechanisms shall be |
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| designed to prevent obtaining credits without
paying by | 2 |
| stringing, slamming, drilling, or other means.
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| (14) It shall have accounting software that keeps an | 4 |
| electronic record
which includes, but is not limited to, | 5 |
| the following: total cash inserted
into the video gaming | 6 |
| terminal; the value of winning tickets claimed by
players; | 7 |
| the
total credits played; and the total
credits awarded
by | 8 |
| a video gaming terminal.
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| (15) It shall be linked by a central communications | 10 |
| system
to provide
auditing program information as approved | 11 |
| by the Board. In no event may the
communications system | 12 |
| approved by the Board limit participation to only one
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| manufacturer of video gaming terminals by either the cost | 14 |
| in implementing
the necessary program modifications to | 15 |
| communicate or the inability to
communicate with the | 16 |
| central communications system.
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| (16) It shall be able to receive and broadcast amber | 18 |
| alert messages.
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| Section 20. Direct dispensing of receipt tickets only. A | 20 |
| video gaming
terminal may not
directly dispense coins, cash, | 21 |
| tokens, or any other article of exchange or
value except for | 22 |
| receipt tickets. Tickets shall be dispensed by
pressing the | 23 |
| ticket dispensing button on the video gaming terminal at the | 24 |
| end
of one's turn or play. The ticket shall indicate the total | 25 |
| amount of credits
and the cash award, the time of day in a |
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| 24-hour format showing hours and
minutes, the date, the
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| terminal serial number, the sequential number of the ticket, | 3 |
| and an encrypted
validation number from which the validity of | 4 |
| the prize may be determined.
The player shall turn in this | 5 |
| ticket to the appropriate
person at the licensed establishment, | 6 |
| licensed truck stop establishment, licensed fraternal | 7 |
| establishment,
or
licensed veterans establishment
to receive | 8 |
| the cash award. The cost
of the credit shall be 5 cents, 10 | 9 |
| cents, or 25 cents, and the maximum
wager played per hand shall | 10 |
| not exceed $2.
No cash award for the maximum wager on any
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| individual hand shall exceed $500.
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| Section 25. Restriction of licensees.
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| (a) Manufacturer. A person may not be licensed as a | 14 |
| manufacturer of a
video gaming terminal in Illinois unless the | 15 |
| person has a valid
manufacturer's license issued
under this | 16 |
| Act. A manufacturer may only sell video gaming terminals for | 17 |
| use
in Illinois to
persons having a valid distributor's | 18 |
| license.
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| (b) Distributor. A person may not sell, distribute, lease,
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| or market a video gaming terminal in Illinois unless the person | 21 |
| has a valid
distributor's
license issued under this Act. A | 22 |
| distributor may only sell video gaming
terminals for use in
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| Illinois to persons having a valid distributor's or terminal | 24 |
| operator's
license.
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| (c) Terminal operator. A person may not own, maintain,
or |
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| place a video gaming terminal unless he has a valid terminal | 2 |
| operator's
license issued
under this Act. A terminal operator | 3 |
| may only place video gaming terminals for
use in
Illinois in | 4 |
| licensed establishments, licensed truck stop establishments, | 5 |
| licensed fraternal establishments,
and
licensed veterans | 6 |
| establishments.
No terminal operator may give anything of | 7 |
| value, including but not limited to
a loan or financing | 8 |
| arrangement, to a licensed establishment, licensed truck stop | 9 |
| establishment,
licensed fraternal establishment, or licensed | 10 |
| veterans establishment as
any incentive or inducement to locate | 11 |
| video terminals in that establishment.
Of the after-tax profits
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| from a video gaming terminal, 50% shall be paid to the terminal
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| operator and 50% shall be paid to the licensed establishment, | 14 |
| licensed truck stop establishment,
licensed fraternal | 15 |
| establishment, or
licensed veterans establishment.
A terminal | 16 |
| operator shall be entitled to access all information recorded | 17 |
| by
the operator's machines. No terminal
operator may own or | 18 |
| have a substantial interest in more than 5% of the video
gaming | 19 |
| terminals licensed in this State.
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| (d) Licensed technician. A person may not service, | 21 |
| maintain, or repair a
video gaming terminal
in this State | 22 |
| unless he or she (1) has a valid technician's license issued
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| under this Act, (2) is a terminal operator, or (3) is employed | 24 |
| by a terminal
operator, distributor, or manufacturer.
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| (e) Licensed establishment. Except for a facility operated | 26 |
| by an organization licensee, an intertrack wagering licensee, |
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| or an intertrack wagering location licensee licensed under the | 2 |
| Illinois Horse Racing Act of 1975 or a riverboat licensed under | 3 |
| the Riverboat Gambling Act, a valid liquor license shall be | 4 |
| prima facie
evidence of compliance with the
licensing | 5 |
| requirements of this Act to operate video gaming terminals.
No | 6 |
| video gaming terminal may be placed in any licensed | 7 |
| establishment, licensed veterans establishment, licensed truck | 8 |
| stop establishment,
or licensed fraternal establishment
unless | 9 |
| the owner
or agent of the owner of the licensed establishment, | 10 |
| licensed veterans establishment, licensed truck stop | 11 |
| establishment, or licensed
fraternal establishment has entered | 12 |
| into a
written use agreement with the terminal operator for | 13 |
| placement of the
terminals. A copy of the use agreement shall | 14 |
| be on file in the terminal
operator's place of business and | 15 |
| available for inspection by individuals
authorized by the | 16 |
| Board. A licensed establishment may operate up to 3
video | 17 |
| gaming terminals on its premises at any time. A licensed truck | 18 |
| stop establishment, licensed veterans establishment,
or
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| licensed
fraternal
establishment may operate up to 5 video | 20 |
| gaming terminals on its premises at any
time.
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| (f) Residency requirement. Each licensed distributor and | 22 |
| terminal
operator
must be an Illinois
resident. However, if an | 23 |
| out of state distributor or terminal operator
has performed its | 24 |
| respective business
within Illinois for at least 48 months | 25 |
| prior to the effective date of this
Act, the out of state | 26 |
| person may be eligible for
licensing under this Act, upon |
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| application to and approval of the Board.
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| (g) Financial interest restrictions.
As used in this Act, | 3 |
| "substantial interest" in a partnership, corporation,
| 4 |
| organization, association, or business means:
| 5 |
| (A) When, with respect to a sole proprietorship, an | 6 |
| individual or
his or her spouse owns, operates, | 7 |
| manages, or conducts, directly
or indirectly, the | 8 |
| organization, association, or business, or any part | 9 |
| thereof;
or
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| (B) When, with respect to a partnership, the | 11 |
| individual or his or
her spouse shares in any of the | 12 |
| profits, or potential profits,
of the partnership | 13 |
| activities; or
| 14 |
| (C) When, with respect to a corporation, an | 15 |
| individual or his or her
spouse is an officer or | 16 |
| director, or the individual or his or her marital
| 17 |
| community is a holder, directly or beneficially, of 5% | 18 |
| or more of any class
of stock of the corporation; or
| 19 |
| (D) When, with respect to an organization not | 20 |
| covered in (A), (B) or
(C) above, an individual or his | 21 |
| or her spouse is an officer or manages the
business | 22 |
| affairs, or the individual or his or her spouse is the
| 23 |
| owner of or otherwise controls 10% or more of the | 24 |
| assets of the organization;
or
| 25 |
| (E) When an individual or his or her spouse | 26 |
| furnishes
5% or more of the capital, whether in cash, |
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| goods, or services, for the
operation of any business, | 2 |
| association, or organization during any calendar
year.
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| (h) Location restriction. A licensed establishment, | 4 |
| licensed truck stop establishment, licensed
fraternal
| 5 |
| establishment, or licensed veterans establishment that is | 6 |
| located within 1,000
feet of a facility operated by an | 7 |
| organizational licensee, an intertrack wagering licensee, or | 8 |
| an intertrack wagering location licensee licensed under the | 9 |
| Illinois Horse Racing Act of 1975, the home dock of a riverboat | 10 |
| licensed under the Riverboat
Gambling Act, a school, or a | 11 |
| church is ineligible to operate a video gaming terminal.
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| Section 27. Prohibition of video gaming by political | 13 |
| subdivision. A
municipality may
pass an ordinance prohibiting | 14 |
| video gaming within the corporate limits of the
municipality.
A | 15 |
| county board may, for the unincorporated area of the county, | 16 |
| pass an
ordinance prohibiting video gaming within the | 17 |
| unincorporated area of the
county.
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| Section 30. Multiple types of licenses prohibited. A video | 19 |
| gaming
terminal
manufacturer may not be licensed as a video | 20 |
| gaming terminal
distributor or operator or own, manage, or | 21 |
| control a licensed
establishment, licensed truck stop | 22 |
| establishment, licensed fraternal establishment, or licensed | 23 |
| veterans
establishment, and shall be licensed only to sell to | 24 |
| distributors. A video
gaming terminal distributor may not be |
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| licensed as a
video gaming terminal manufacturer or operator or | 2 |
| own, manage, or
control a
licensed establishment, licensed | 3 |
| truck stop establishment, licensed fraternal establishment, or | 4 |
| licensed
veterans
establishment, and shall only contract with a | 5 |
| licensed terminal
operator. A video gaming terminal operator | 6 |
| may not be licensed as
a video
gaming terminal manufacturer or | 7 |
| distributor or own, manage, or control a
licensed | 8 |
| establishment, licensed truck stop establishment, licensed | 9 |
| fraternal establishment, or licensed
veterans
establishment, | 10 |
| and shall be licensed only to contract with licensed
| 11 |
| distributors and licensed establishments, licensed truck stop | 12 |
| establishments,
licensed fraternal
establishments,
and | 13 |
| licensed veterans establishments.
An owner or manager of a
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| licensed establishment, licensed truck stop establishment, | 15 |
| licensed fraternal
establishment, or licensed
veterans
| 16 |
| establishment may not be licensed as a video gaming terminal
| 17 |
| manufacturer, distributor, or operator, and shall only | 18 |
| contract with a
licensed operator to place and service this | 19 |
| equipment.
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| Section 35. Display of license; confiscation; violation as | 21 |
| felony. Each
video gaming terminal shall be licensed by the | 22 |
| Board before placement
or operation on the premises of a | 23 |
| licensed establishment, licensed truck stop
establishment, | 24 |
| licensed
fraternal establishment, or licensed veterans | 25 |
| establishment. The license of
each video gaming terminal shall |
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| be maintained
at the location where the video gaming terminal | 2 |
| is operated. Failure to do so
is a petty offense with a fine
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| not to exceed $100.
Any licensed establishment, licensed truck | 4 |
| stop establishment, licensed
fraternal establishment, or | 5 |
| licensed
veterans establishment
used for the conduct of | 6 |
| gambling games in violation of this Act shall be
considered a | 7 |
| gambling place in violation of Section 28-3 of the Criminal
| 8 |
| Code of 1961. Every gambling device found in
a licensed | 9 |
| establishment, licensed truck stop establishment, licensed | 10 |
| fraternal
establishment, or licensed
veterans establishment | 11 |
| operating gambling games in violation of this
Act shall be | 12 |
| subject to seizure, confiscation, and destruction as provided
| 13 |
| in Section 28-5 of the Criminal Code of 1961.
Any license | 14 |
| issued under the Liquor Control Act
of 1934 to any owner or | 15 |
| operator of a licensed establishment, licensed truck
stop | 16 |
| establishment, licensed
fraternal establishment, or licensed | 17 |
| veterans establishment that operates or
permits the operation | 18 |
| of a video gaming terminal within its establishment in
| 19 |
| violation of this Act shall be immediately revoked.
No person | 20 |
| may own, operate, have in his or her possession or custody or | 21 |
| under
his or her control, or permit to be kept in any place | 22 |
| under his or her
possession or control, any
device that awards | 23 |
| credits and contains a circuit, meter, or switch capable of
| 24 |
| removing and recording the removal of credits when the award of | 25 |
| credits is
dependent upon chance. A violation of this Section | 26 |
| is a Class 4 felony. All
devices that are owned, operated, or |
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| possessed in violation of this Section are
hereby declared to | 2 |
| be public nuisances and shall be subject to seizure,
| 3 |
| confiscation, and destruction as provided in Section 28-5 of | 4 |
| the Criminal Code
of 1961.
The provisions of this Section do | 5 |
| not apply to devices or electronic video
game terminals | 6 |
| licensed pursuant to this Act.
| 7 |
| Section 40. Video gaming terminal use by minors prohibited.
| 8 |
| No licensee
shall cause or permit any person under the age of | 9 |
| 21 years to use or play a
video gaming terminal. Any licensee | 10 |
| who knowingly permits a person under
the age of 21 years to use | 11 |
| or play a video gaming terminal is guilty of a
business offense | 12 |
| and shall be fined an amount not to exceed $5,000.
| 13 |
| Section 45. Issuance of license.
| 14 |
| (a) The burden is upon each applicant to
demonstrate his | 15 |
| suitability for licensure. Each video gaming terminal
| 16 |
| manufacturer, distributor, operator, licensed establishment, | 17 |
| licensed truck stop establishment, licensed
fraternal
| 18 |
| establishment, and licensed veterans establishment shall be
| 19 |
| licensed by the Board.
The Board may not issue a license under | 20 |
| this Act to any person who, within
10 years of the date of the | 21 |
| application, has been convicted of a felony
under the laws of | 22 |
| this State, any other state, or the United States, or to
any | 23 |
| firm or corporation in which such a person is an officer, | 24 |
| director, or
managerial employee.
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| (b) A non-refundable application fee shall be paid at the | 2 |
| time an
application for a license is filed with the Board in | 3 |
| the following amounts:
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| (1) Manufacturer ..........................$5,000
| 5 |
| (2) Distributor ...........................$5,000
| 6 |
| (3) Terminal operator .....................$5,000
| 7 |
| (4) Supplier ..............................$2,500
| 8 |
| (5) Technician ...................................$100 | 9 |
| (c) Any application not approved within 90 days of receipt | 10 |
| by the Board
shall be deemed approved. | 11 |
| (d) Each licensed distributor, terminal operator, or | 12 |
| person with a
substantial interest in a distributor or terminal | 13 |
| operator must have
resided in Illinois for at least 24 months | 14 |
| prior to application unless he
or she has performed his or her | 15 |
| respective business in Illinois for at least 48
months prior
to | 16 |
| the effective date of this Act. | 17 |
| The Board shall establish an
annual fee for each license | 18 |
| not to exceed the following: | 19 |
| (1) Manufacturer .........................$10,000
| 20 |
| (2) Distributor ..........................$10,000
| 21 |
| (3) Terminal operator .....................$5,000
| 22 |
| (4) Supplier ..............................$2,000
| 23 |
| (5) Technician ..............................$100
| 24 |
| (6) Licensed establishment, licensed truck stop
| 25 |
| establishment, licensed fraternal establishment,
| 26 |
| or licensed veterans establishment ..............$100
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| (7) Video gaming terminal ........................$100
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| Section 50. Distribution of license fees.
| 3 |
| (a) All fees collected under Section 45 shall be deposited | 4 |
| in the State Gaming
Fund.
| 5 |
| (b) Fees collected under Section 45 shall be used as | 6 |
| follows:
| 7 |
| (1) Twenty-five percent shall be paid to programs for | 8 |
| the treatment of
compulsive gambling.
| 9 |
| (2) Seventy-five percent shall be used for the | 10 |
| administration of this
Act.
| 11 |
| (c) All licenses issued by the Board under this Act are | 12 |
| renewable annually
unless sooner cancelled or terminated. No | 13 |
| license issued under this Act is
transferable or assignable.
| 14 |
| Section 55. Precondition for licensed establishment. In | 15 |
| all cases of
application for a licensed establishment,
to | 16 |
| operate a video gaming terminal,
each licensed truck stop | 17 |
| establishment, licensed
fraternal establishment, or licensed | 18 |
| veterans
establishment
shall
possess a valid liquor license | 19 |
| issued by the Illinois Liquor Control Commission
in effect at | 20 |
| the time of application
and at all times thereafter during | 21 |
| which a video
gaming terminal is made available to the public | 22 |
| for play at that location.
| 23 |
| Section 57. Insurance. Each licensed establishment, |
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| licensed truck stop
establishment, licensed fraternal
| 2 |
| establishment, and licensed veterans establishment shall | 3 |
| maintain insurance on
any gaming device on its premises in
an | 4 |
| amount set by the Board.
| 5 |
| Section 58. Location of terminals. Video gaming terminals | 6 |
| must be located
in an area restricted to persons over 21 years | 7 |
| of age the entrance to which is within the view of at least one | 8 |
| employee of the
establishment in which they are located who is | 9 |
| over 21 years of age.
| 10 |
| Section 60. Imposition and distribution of tax.
| 11 |
| (a) A tax of 25% is imposed on net terminal income
and | 12 |
| shall be collected by the Board.
| 13 |
| (b) Of the tax collected under this Section, four-fifths | 14 |
| shall be
deposited into the School Infrastructure Fund and | 15 |
| one-fifth shall be deposited into the Local
Government Video | 16 |
| Gaming Distributive Fund. Deposits into the School | 17 |
| Infrastructure Fund pursuant to this Section shall be allocated | 18 |
| in accordance with the provisions of the School Construction | 19 |
| Law.
| 20 |
| (c) Revenues generated from the play of video gaming | 21 |
| terminals shall be
deposited by the terminal operator, who is | 22 |
| responsible for tax payments, in
a specially created, separate | 23 |
| bank account maintained by the video gaming
terminal operator
| 24 |
| to allow for electronic fund transfers of moneys for tax |
|
|
|
09600SB0349ham001 |
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LRB096 06365 AMC 26472 a |
|
| 1 |
| payment.
| 2 |
| (d) Each licensed establishment, licensed truck stop | 3 |
| establishment, licensed fraternal establishment,
and licensed | 4 |
| veterans establishment shall maintain an adequate video gaming
| 5 |
| fund, with the amount to be determined by the Board.
| 6 |
| Section 65. Fees. A non-home rule unit of government may | 7 |
| not impose any
fee
for the operation of a video gaming terminal | 8 |
| in excess of $25 per year.
| 9 |
| Section 70. Referendum. Upon the filing in the office of | 10 |
| the clerk, at least
90 days
before an election in any | 11 |
| municipality or county, as the case
may be, of a petition | 12 |
| directed to such clerk, containing the signatures
of not less | 13 |
| than 25% of the legal voters of that municipality or county,
| 14 |
| the
clerk shall certify such proposition to the proper election | 15 |
| officials, who
shall submit the proposition at such election to | 16 |
| the voters of such
municipality or county. The proposition | 17 |
| shall be in the following form:
| 18 |
| -------------------------------------------------------------
| 19 |
| Shall video gaming YES
| 20 |
| be prohibited in ----------------------
| 21 |
| .................? NO
| 22 |
| -------------------------------------------------------------
| 23 |
| If a
majority of the voters voting upon such last mentioned | 24 |
| proposition in any
municipality or county vote "YES", such |
|
|
|
09600SB0349ham001 |
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LRB096 06365 AMC 26472 a |
|
| 1 |
| video gaming shall
be prohibited in such municipality or | 2 |
| county.
The
petition mentioned in this Section shall be a | 3 |
| public document and shall be
subject to inspection by the | 4 |
| public.
| 5 |
| Section 75. Revenue sharing; Local Government Video Gaming | 6 |
| Distributive
Fund. | 7 |
| (a) As soon as may be practical after the
first day of each | 8 |
| month, the Department of Revenue shall allocate among those
| 9 |
| municipalities and counties of this State that have not | 10 |
| prohibited video gaming
pursuant to Section 27 the amount | 11 |
| available in
the Local Government Video Gaming Distributive | 12 |
| Fund,
a special fund in the State Treasury, as provided in | 13 |
| Section 60.
The
Department shall then certify such allocations | 14 |
| to the State Comptroller,
who shall pay over to those eligible | 15 |
| municipalities and
counties the respective amounts allocated | 16 |
| to them. The amount of such
funds allocable to each such | 17 |
| municipality and county shall be in
proportion to the tax | 18 |
| revenue generated from video gaming within the eligible | 19 |
| municipality or county compared to the tax revenue generated | 20 |
| from video gaming Statewide.
| 21 |
| (b) The amounts allocated and paid to a municipality
or | 22 |
| county of this State pursuant to the provisions of this Section | 23 |
| may be
used for any general corporate purpose authorized for | 24 |
| that municipality or
county.
| 25 |
| (c) Upon determination by the Department that an
amount has |
|
|
|
09600SB0349ham001 |
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LRB096 06365 AMC 26472 a |
|
| 1 |
| been
paid
pursuant to this Section in excess of the amount to | 2 |
| which the county or
municipality receiving such payment was | 3 |
| entitled, the
county or municipality shall, upon demand by the
| 4 |
| Department, repay such amount. If such repayment is not made | 5 |
| within a
reasonable time, the Department shall withhold from | 6 |
| future payments an
amount equal to such overpayment.
The | 7 |
| Department shall
redistribute the amount of such payment to the | 8 |
| county or municipality
entitled thereto.
| 9 |
| Section 185. The Riverboat Gambling Act is amended by | 10 |
| changing Section 5
as
follows:
| 11 |
| (230 ILCS 10/5)
(from Ch. 120, par. 2405)
| 12 |
| Sec. 5. Gaming Board.
| 13 |
| (a) (1) There is hereby established within the Department | 14 |
| of Revenue an
Illinois Gaming Board which shall have the powers | 15 |
| and duties specified in
this Act, and all other powers | 16 |
| necessary and proper to fully and
effectively execute this Act | 17 |
| for the purpose of administering, regulating,
and enforcing the | 18 |
| system of riverboat gambling established by this Act. Its
| 19 |
| jurisdiction shall extend under this Act to every person, | 20 |
| association,
corporation, partnership and trust involved in | 21 |
| riverboat gambling
operations in the State of Illinois.
| 22 |
| (2) The Board shall consist of 5 members to be appointed by | 23 |
| the Governor
with the advice and consent of the Senate, one of | 24 |
| whom shall be designated
by the Governor to be chairman. Each |
|
|
|
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LRB096 06365 AMC 26472 a |
|
| 1 |
| member shall have a reasonable
knowledge of the practice, | 2 |
| procedure and principles of gambling operations.
Each member | 3 |
| shall either be a resident of Illinois or shall certify that he
| 4 |
| will become a resident of Illinois before taking office. At | 5 |
| least one member
shall be experienced in law enforcement and | 6 |
| criminal investigation, at
least one member shall be a | 7 |
| certified public accountant experienced in
accounting and | 8 |
| auditing, and at least one member shall be a lawyer licensed
to | 9 |
| practice law in Illinois.
| 10 |
| (3) The terms of office of the Board members shall be 3 | 11 |
| years, except
that the terms of office of the initial Board | 12 |
| members appointed pursuant to
this Act will commence from the | 13 |
| effective date of this Act and run as
follows: one for a term | 14 |
| ending July 1, 1991, 2 for a term ending July 1,
1992, and 2 for | 15 |
| a term ending July 1, 1993. Upon the expiration of the
| 16 |
| foregoing terms, the successors of such members shall serve a | 17 |
| term for 3
years and until their successors are appointed and | 18 |
| qualified for like terms.
Vacancies in the Board shall be | 19 |
| filled for the unexpired term in like
manner as original | 20 |
| appointments. Each member of the Board shall be
eligible for | 21 |
| reappointment at the discretion of the Governor with the
advice | 22 |
| and consent of the Senate.
| 23 |
| (4) Each member of the Board shall receive $300 for each | 24 |
| day the
Board meets and for each day the member conducts any | 25 |
| hearing pursuant to
this Act. Each member of the Board shall | 26 |
| also be reimbursed for all actual
and necessary expenses and |
|
|
|
09600SB0349ham001 |
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LRB096 06365 AMC 26472 a |
|
| 1 |
| disbursements incurred in the execution of official
duties.
| 2 |
| (5) No person shall be appointed a member of the Board or | 3 |
| continue to be
a member of the Board who is, or whose spouse, | 4 |
| child or parent is, a member
of the board of directors of, or a | 5 |
| person financially interested in, any
gambling operation | 6 |
| subject to the jurisdiction of this Board, or any race
track, | 7 |
| race meeting, racing association or the operations thereof | 8 |
| subject
to the jurisdiction of the Illinois Racing Board. No | 9 |
| Board member shall
hold any other public office for which he | 10 |
| shall receive compensation other
than necessary travel or other | 11 |
| incidental expenses. No person shall be a
member of the Board | 12 |
| who is not of good moral character or who has been
convicted | 13 |
| of, or is under indictment for, a felony under the laws of
| 14 |
| Illinois or any other state, or the United States.
| 15 |
| (6) Any member of the Board may be removed by the Governor | 16 |
| for neglect
of duty, misfeasance, malfeasance, or nonfeasance | 17 |
| in office.
| 18 |
| (7) Before entering upon the discharge of the duties of his | 19 |
| office, each
member of the Board shall take an oath that he | 20 |
| will faithfully execute the
duties of his office according to | 21 |
| the laws of the State and the rules and
regulations adopted | 22 |
| therewith and shall give bond to the State of Illinois,
| 23 |
| approved by the Governor, in the sum of $25,000. Every such | 24 |
| bond, when
duly executed and approved, shall be recorded in the | 25 |
| office of the
Secretary of State. Whenever the Governor | 26 |
| determines that the bond of any
member of the Board has become |
|
|
|
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LRB096 06365 AMC 26472 a |
|
| 1 |
| or is likely to become invalid or
insufficient, he shall | 2 |
| require such member forthwith to renew his bond,
which is to be | 3 |
| approved by the Governor. Any member of the Board who fails
to | 4 |
| take oath and give bond within 30 days from the date of his | 5 |
| appointment,
or who fails to renew his bond within 30 days | 6 |
| after it is demanded by the
Governor, shall be guilty of | 7 |
| neglect of duty and may be removed by the
Governor. The cost of | 8 |
| any bond given by any member of the Board under this
Section | 9 |
| shall be taken to be a part of the necessary expenses of the | 10 |
| Board.
| 11 |
| (8) Upon the request of the Board, the Department shall | 12 |
| employ such
personnel as may be necessary to carry out the | 13 |
| functions of the Board. No
person shall be employed to serve | 14 |
| the Board who is, or whose spouse, parent
or child is, an | 15 |
| official of, or has a financial interest in or financial
| 16 |
| relation with, any operator engaged in gambling operations | 17 |
| within this
State or any organization engaged in conducting | 18 |
| horse racing within this
State. Any employee violating these | 19 |
| prohibitions shall be subject to
termination of employment.
| 20 |
| (9) An Administrator shall perform any and all duties that | 21 |
| the Board
shall assign him. The salary of the Administrator | 22 |
| shall be determined by
the Board and approved by the Director | 23 |
| of the Department and, in addition,
he shall be reimbursed for | 24 |
| all actual and necessary expenses incurred by
him in discharge | 25 |
| of his official duties. The Administrator shall keep
records of | 26 |
| all proceedings of the Board and shall preserve all records,
|
|
|
|
09600SB0349ham001 |
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LRB096 06365 AMC 26472 a |
|
| 1 |
| books, documents and other papers belonging to the Board or | 2 |
| entrusted to
its care. The Administrator shall devote his full | 3 |
| time to the duties of
the office and shall not hold any other | 4 |
| office or employment.
| 5 |
| (b) The Board shall have general responsibility for the | 6 |
| implementation
of this Act. Its duties include, without | 7 |
| limitation, the following:
| 8 |
| (1) To decide promptly and in reasonable order all | 9 |
| license applications.
Any party aggrieved by an action of | 10 |
| the Board denying, suspending,
revoking, restricting or | 11 |
| refusing to renew a license may request a hearing
before | 12 |
| the Board. A request for a hearing must be made to the | 13 |
| Board in
writing within 5 days after service of notice of | 14 |
| the action of the Board.
Notice of the action of the Board | 15 |
| shall be served either by personal
delivery or by certified | 16 |
| mail, postage prepaid, to the aggrieved party.
Notice | 17 |
| served by certified mail shall be deemed complete on the | 18 |
| business
day following the date of such mailing. The Board | 19 |
| shall conduct all
requested hearings promptly and in | 20 |
| reasonable order;
| 21 |
| (2) To conduct all hearings pertaining to civil | 22 |
| violations of this Act
or rules and regulations promulgated | 23 |
| hereunder;
| 24 |
| (3) To promulgate such rules and regulations as in its | 25 |
| judgment may be
necessary to protect or enhance the | 26 |
| credibility and integrity of gambling
operations |
|
|
|
09600SB0349ham001 |
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LRB096 06365 AMC 26472 a |
|
| 1 |
| authorized by this Act and the regulatory process | 2 |
| hereunder;
| 3 |
| (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;
| 8 |
| (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
| 13 |
| State of Illinois;
| 14 |
| (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;
| 21 |
| (7) To review and rule upon any complaint by a licensee
| 22 |
| 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 |
|
|
|
09600SB0349ham001 |
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LRB096 06365 AMC 26472 a |
|
| 1 |
| that: (A)
the procedures had no reasonable law enforcement | 2 |
| purposes, and (B) the
procedures were so disruptive as to | 3 |
| unreasonably inhibit gambling operations;
| 4 |
| (8) To hold at least one meeting each quarter of the | 5 |
| fiscal
year. In addition, special meetings may be called by | 6 |
| the Chairman or any 2
Board members upon 72 hours written | 7 |
| notice to each member. All Board
meetings shall be subject | 8 |
| to the Open Meetings Act. Three members of the
Board shall | 9 |
| constitute a quorum, and 3 votes shall be required for any
| 10 |
| final determination by the Board. The Board shall keep a | 11 |
| complete and
accurate record of all its meetings. A | 12 |
| majority of the members of the Board
shall constitute a | 13 |
| quorum for the transaction of any business, for the
| 14 |
| performance of any duty, or for the exercise of any power | 15 |
| which this Act
requires the Board members to transact, | 16 |
| perform or exercise en banc, except
that, upon order of the | 17 |
| Board, one of the Board members or an
administrative law | 18 |
| judge designated by the Board may conduct any hearing
| 19 |
| provided for under this Act or by Board rule and may | 20 |
| recommend findings and
decisions to the Board. The Board | 21 |
| member or administrative law judge
conducting such hearing | 22 |
| shall have all powers and rights granted to the
Board in | 23 |
| this Act. The record made at the time of the hearing shall | 24 |
| be
reviewed by the Board, or a majority thereof, and the | 25 |
| findings and decision
of the majority of the Board shall | 26 |
| constitute the order of the Board in
such case;
|
|
|
|
09600SB0349ham001 |
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LRB096 06365 AMC 26472 a |
|
| 1 |
| (9) To maintain records which are separate and distinct | 2 |
| from the records
of any other State board or commission. | 3 |
| Such records shall be available
for public inspection and | 4 |
| shall accurately reflect all Board proceedings;
| 5 |
| (10) To file a written annual report with the Governor | 6 |
| on or before
March 1 each year and such additional reports | 7 |
| as the Governor may request.
The annual report shall | 8 |
| include a statement of receipts and disbursements
by the | 9 |
| Board, actions taken by the Board, and any additional | 10 |
| information
and recommendations which the Board may deem | 11 |
| valuable or which the Governor
may request;
| 12 |
| (11) (Blank); and
| 13 |
| (12) To assume responsibility for the administration | 14 |
| and
enforcement of the Bingo License and Tax Act, the | 15 |
| Charitable Games Act, and
the Pull Tabs and Jar Games Act | 16 |
| if such responsibility is delegated to it
by the Director | 17 |
| of Revenue ; and .
| 18 |
| (13) To assume responsibility for administration and | 19 |
| enforcement of the
Video Gaming Act.
| 20 |
| (c) The Board shall have jurisdiction over and shall | 21 |
| supervise all
gambling operations governed by this Act. The | 22 |
| Board shall have all powers
necessary and proper to fully and | 23 |
| effectively execute the provisions of
this Act, including, but | 24 |
| not limited to, the following:
| 25 |
| (1) To investigate applicants and determine the | 26 |
| eligibility of
applicants for licenses and to select among |
|
|
|
09600SB0349ham001 |
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LRB096 06365 AMC 26472 a |
|
| 1 |
| competing applicants the
applicants which best serve the | 2 |
| interests of the citizens of Illinois.
| 3 |
| (2) To have jurisdiction and supervision over all | 4 |
| riverboat gambling
operations in this State and all persons | 5 |
| on riverboats where gambling
operations are conducted.
| 6 |
| (3) To promulgate rules and regulations for the purpose | 7 |
| of administering
the provisions of this Act and to | 8 |
| prescribe rules, regulations and
conditions under which | 9 |
| all riverboat gambling in the State shall be
conducted. | 10 |
| Such rules and regulations are to provide for the | 11 |
| prevention of
practices detrimental to the public interest | 12 |
| and for the best interests of
riverboat gambling, including | 13 |
| rules and regulations regarding the
inspection of such | 14 |
| riverboats and the review of any permits or licenses
| 15 |
| necessary to operate a riverboat under any laws or | 16 |
| regulations applicable
to riverboats, and to impose | 17 |
| penalties for violations thereof.
| 18 |
| (4) To enter the office, riverboats, facilities, or | 19 |
| other
places of business of a licensee, where evidence of | 20 |
| the compliance or
noncompliance with the provisions of this | 21 |
| Act is likely to be found.
| 22 |
| (5) To investigate alleged violations of this Act or | 23 |
| the
rules of the Board and to take appropriate disciplinary
| 24 |
| action against a licensee or a holder of an occupational | 25 |
| license for a
violation, or institute appropriate legal | 26 |
| action for enforcement, or both.
|
|
|
|
09600SB0349ham001 |
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LRB096 06365 AMC 26472 a |
|
| 1 |
| (6) To adopt standards for the licensing of all persons | 2 |
| under this Act,
as well as for electronic or mechanical | 3 |
| gambling games, and to establish
fees for such licenses.
| 4 |
| (7) To adopt appropriate standards for all riverboats
| 5 |
| and facilities.
| 6 |
| (8) To require that the records, including financial or | 7 |
| other statements
of any licensee under this Act, shall be | 8 |
| kept in such manner as prescribed
by the Board and that any | 9 |
| such licensee involved in the ownership or
management of | 10 |
| gambling operations submit to the Board an annual balance
| 11 |
| sheet and profit and loss statement, list of the | 12 |
| stockholders or other
persons having a 1% or greater | 13 |
| beneficial interest in the gambling
activities of each | 14 |
| licensee, and any other information the Board deems
| 15 |
| necessary in order to effectively administer this Act and | 16 |
| all rules,
regulations, orders and final decisions | 17 |
| promulgated under this Act.
| 18 |
| (9) To conduct hearings, issue subpoenas for the | 19 |
| attendance of
witnesses and subpoenas duces tecum for the | 20 |
| production of books, records
and other pertinent documents | 21 |
| in accordance with the Illinois
Administrative Procedure | 22 |
| Act, and to administer oaths and affirmations to
the | 23 |
| witnesses, when, in the judgment of the Board, it is | 24 |
| necessary to
administer or enforce this Act or the Board | 25 |
| rules.
| 26 |
| (10) To prescribe a form to be used by any licensee |
|
|
|
09600SB0349ham001 |
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LRB096 06365 AMC 26472 a |
|
| 1 |
| involved in the
ownership or management of gambling | 2 |
| operations as an
application for employment for their | 3 |
| employees.
| 4 |
| (11) To revoke or suspend licenses, as the Board may | 5 |
| see fit and in
compliance with applicable laws of the State | 6 |
| regarding administrative
procedures, and to review | 7 |
| applications for the renewal of licenses. The
Board may | 8 |
| suspend an owners license, without notice or hearing upon a
| 9 |
| determination that the safety or health of patrons or | 10 |
| employees is
jeopardized by continuing a riverboat's | 11 |
| operation. The suspension may
remain in effect until the | 12 |
| Board determines that the cause for suspension
has been | 13 |
| abated. The Board may revoke the owners license upon a
| 14 |
| determination that the owner has not made satisfactory | 15 |
| progress toward
abating the hazard.
| 16 |
| (12) To eject or exclude or authorize the ejection or | 17 |
| exclusion of, any
person from riverboat gambling | 18 |
| facilities where such person is in violation
of this Act, | 19 |
| rules and regulations thereunder, or final orders of the
| 20 |
| Board, or where such person's conduct or reputation is such | 21 |
| that his
presence within the riverboat gambling facilities | 22 |
| may, in the opinion of
the Board, call into question the | 23 |
| honesty and integrity of the gambling
operations or | 24 |
| interfere with orderly conduct thereof; provided that the
| 25 |
| propriety of such ejection or exclusion is subject to | 26 |
| subsequent hearing
by the Board.
|
|
|
|
09600SB0349ham001 |
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LRB096 06365 AMC 26472 a |
|
| 1 |
| (13) To require all licensees of gambling operations to | 2 |
| utilize a
cashless wagering system whereby all players' | 3 |
| money is converted to tokens,
electronic cards, or chips | 4 |
| which shall be used only for wagering in the
gambling | 5 |
| establishment.
| 6 |
| (14) (Blank).
| 7 |
| (15) To suspend, revoke or restrict licenses, to | 8 |
| require the
removal of a licensee or an employee of a | 9 |
| licensee for a violation of this
Act or a Board rule or for | 10 |
| engaging in a fraudulent practice, and to
impose civil | 11 |
| penalties of up to $5,000 against individuals and up to
| 12 |
| $10,000 or an amount equal to the daily gross receipts, | 13 |
| whichever is
larger, against licensees for each violation | 14 |
| of any provision of the Act,
any rules adopted by the | 15 |
| Board, any order of the Board or any other action
which, in | 16 |
| the Board's discretion, is a detriment or impediment to | 17 |
| riverboat
gambling operations.
| 18 |
| (16) To hire employees to gather information, conduct | 19 |
| investigations
and carry out any other tasks contemplated | 20 |
| under this Act.
| 21 |
| (17) To establish minimum levels of insurance to be | 22 |
| maintained by
licensees.
| 23 |
| (18) To authorize a licensee to sell or serve alcoholic | 24 |
| liquors, wine or
beer as defined in the Liquor Control Act | 25 |
| of 1934 on board a riverboat
and to have exclusive | 26 |
| authority to establish the hours for sale and
consumption |
|
|
|
09600SB0349ham001 |
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|
| 1 |
| 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.
| 12 |
| (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
| 16 |
| excursions,
in the event
of extreme weather conditions, | 17 |
| acts of God or other extreme circumstances.
| 18 |
| (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.
| 21 |
| (21) To take any other action as may be reasonable or | 22 |
| appropriate to
enforce this Act and rules and regulations | 23 |
| hereunder.
| 24 |
| (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 |
|
|
|
09600SB0349ham001 |
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LRB096 06365 AMC 26472 a |
|
| 1 |
| responsibilities under
this Section. Costs incurred by the | 2 |
| Department of State Police as
a result of such cooperation | 3 |
| shall be paid by the Board in conformance
with the requirements | 4 |
| of Section 2605-400 of the Department of State Police Law
(20 | 5 |
| ILCS 2605/2605-400).
| 6 |
| (e) The Board must authorize to each investigator and to | 7 |
| any other
employee of the Board exercising the powers of a | 8 |
| peace officer a distinct badge
that, on its face, (i) clearly | 9 |
| states that the badge is authorized by the Board
and
(ii) | 10 |
| contains a unique identifying number. No other badge shall be | 11 |
| authorized
by the Board.
| 12 |
| (Source: P.A. 91-40, eff. 1-1-00; 91-239, eff. 1-1-00; 91-883, | 13 |
| eff.
1-1-01.)
| 14 |
| Section 190. The Criminal Code of 1961 is amended by | 15 |
| changing Sections 28-1,
28-1.1, and 28-3 as follows:
| 16 |
| (720 ILCS 5/28-1)
(from Ch. 38, par. 28-1)
| 17 |
| Sec. 28-1. Gambling.
| 18 |
| (a) A person commits gambling when he:
| 19 |
| (1) Plays a game of chance or skill for money or other | 20 |
| thing of
value, unless excepted in subsection (b) of this | 21 |
| Section; or
| 22 |
| (2) Makes a wager upon the result of any game, contest, | 23 |
| or any
political nomination, appointment or election; or
| 24 |
| (3) Operates, keeps, owns, uses, purchases, exhibits, |
|
|
|
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| rents, sells,
bargains for the sale or lease of, | 2 |
| manufactures or distributes any
gambling device; or
| 3 |
| (4) Contracts to have or give himself or another the | 4 |
| option to buy
or sell, or contracts to buy or sell, at a | 5 |
| future time, any grain or
other commodity whatsoever, or | 6 |
| any stock or security of any company,
where it is at the | 7 |
| time of making such contract intended by both parties
| 8 |
| thereto that the contract to buy or sell, or the option, | 9 |
| whenever
exercised, or the contract resulting therefrom, | 10 |
| shall be settled, not by
the receipt or delivery of such | 11 |
| property, but by the payment only of
differences in prices | 12 |
| thereof; however, the issuance, purchase, sale,
exercise, | 13 |
| endorsement or guarantee, by or through a person registered
| 14 |
| with the Secretary of State pursuant to Section 8 of the | 15 |
| Illinois
Securities Law of 1953, or by or through a person | 16 |
| exempt from such
registration under said Section 8, of a | 17 |
| put, call, or other option to
buy or sell securities which | 18 |
| have been registered with the Secretary of
State or which | 19 |
| are exempt from such registration under Section 3 of the
| 20 |
| Illinois Securities Law of 1953 is not gambling within the | 21 |
| meaning of
this paragraph (4); or
| 22 |
| (5) Knowingly owns or possesses any book, instrument or | 23 |
| apparatus by
means of which bets or wagers have been, or | 24 |
| are, recorded or registered,
or knowingly possesses any | 25 |
| money which he has received in the course of
a bet or | 26 |
| wager; or
|
|
|
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| (6) Sells pools upon the result of any game or contest | 2 |
| of skill or
chance, political nomination, appointment or | 3 |
| election; or
| 4 |
| (7) Sets up or promotes any lottery or sells, offers to | 5 |
| sell or
transfers any ticket or share for any lottery; or
| 6 |
| (8) Sets up or promotes any policy game or sells, | 7 |
| offers to sell or
knowingly possesses or transfers any | 8 |
| policy ticket, slip, record,
document or other similar | 9 |
| device; or
| 10 |
| (9) Knowingly drafts, prints or publishes any lottery | 11 |
| ticket or share,
or any policy ticket, slip, record, | 12 |
| document or similar device, except for
such activity | 13 |
| related to lotteries, bingo games and raffles authorized by
| 14 |
| and conducted in accordance with the laws of Illinois or | 15 |
| any other state or
foreign government; or
| 16 |
| (10) Knowingly advertises any lottery or policy game, | 17 |
| except for such
activity related to lotteries, bingo games | 18 |
| and raffles authorized by and
conducted in accordance with | 19 |
| the laws of Illinois or any other state; or
| 20 |
| (11) Knowingly transmits information as to wagers, | 21 |
| betting odds, or
changes in betting odds by telephone, | 22 |
| telegraph, radio, semaphore or
similar means; or knowingly | 23 |
| installs or maintains equipment for the
transmission or | 24 |
| receipt of such information; except that nothing in this
| 25 |
| subdivision (11) prohibits transmission or receipt of such | 26 |
| information
for use in news reporting of sporting events or |
|
|
|
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| contests; or
| 2 |
| (12) Knowingly establishes, maintains, or operates an | 3 |
| Internet site that
permits a person to play a game of
| 4 |
| chance or skill for money or other thing of value by means | 5 |
| of the Internet or
to make a wager upon the
result of any | 6 |
| game, contest, political nomination, appointment, or
| 7 |
| election by means of the Internet.
| 8 |
| (b) Participants in any of the following activities shall | 9 |
| not be
convicted of gambling therefor:
| 10 |
| (1) Agreements to compensate for loss caused by the | 11 |
| happening of
chance including without limitation contracts | 12 |
| of indemnity or guaranty
and life or health or accident | 13 |
| insurance;
| 14 |
| (2) Offers of prizes, award or compensation to the | 15 |
| actual
contestants in any bona fide contest for the | 16 |
| determination of skill,
speed, strength or endurance or to | 17 |
| the owners of animals or vehicles
entered in such contest;
| 18 |
| (3) Pari-mutuel betting as authorized by the law of | 19 |
| this State;
| 20 |
| (4) Manufacture of gambling devices, including the | 21 |
| acquisition of
essential parts therefor and the assembly | 22 |
| thereof, for transportation in
interstate or foreign | 23 |
| commerce to any place outside this State when such
| 24 |
| transportation is not prohibited by any applicable Federal | 25 |
| law; or the
manufacture, distribution, or possession of | 26 |
| video gaming terminals, as
defined in the Video Gaming Act, |
|
|
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| by manufacturers, distributors, and
terminal operators | 2 |
| licensed to do so under the Video Gaming Act;
| 3 |
| (5) The game commonly known as "bingo", when conducted | 4 |
| in accordance
with the Bingo License and Tax Act;
| 5 |
| (6) Lotteries when conducted by the State of Illinois | 6 |
| in accordance
with the Illinois Lottery Law;
| 7 |
| (7) Possession of an antique slot machine that is | 8 |
| neither used nor
intended to be used in the operation or | 9 |
| promotion of any unlawful
gambling activity or enterprise. | 10 |
| For the purpose of this subparagraph
(b)(7), an antique | 11 |
| slot machine is one manufactured 25 years ago or earlier;
| 12 |
| (8) Raffles when conducted in accordance with the | 13 |
| Raffles Act;
| 14 |
| (9) Charitable games when conducted in accordance with | 15 |
| the Charitable
Games Act;
| 16 |
| (10) Pull tabs and jar games when conducted under the | 17 |
| Illinois Pull
Tabs and Jar Games Act; or
| 18 |
| (11) Gambling games conducted on riverboats when
| 19 |
| authorized by the Riverboat Gambling Act ; or .
| 20 |
| (12) Video gaming terminal games at a licensed | 21 |
| establishment, licensed truck stop establishment,
licensed
| 22 |
| fraternal establishment, or licensed veterans | 23 |
| establishment when
conducted in accordance with the Video | 24 |
| Gaming Act.
| 25 |
| (c) Sentence.
| 26 |
| Gambling under subsection (a)(1) or (a)(2) of this Section |
|
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| is a
Class A misdemeanor. Gambling under any of subsections | 2 |
| (a)(3) through
(a)(11) of this Section is a Class A | 3 |
| misdemeanor. A second or
subsequent conviction under any of | 4 |
| subsections (a)(3) through (a)(11),
is a Class 4 felony. | 5 |
| Gambling under subsection (a)(12) of this Section is a
Class A
| 6 |
| misdemeanor. A second or subsequent conviction under | 7 |
| subsection (a)(12) is a
Class 4 felony.
| 8 |
| (d) Circumstantial evidence.
| 9 |
| In prosecutions under subsection (a)(1) through (a)(12) of
| 10 |
| this
Section circumstantial evidence shall have the same | 11 |
| validity and weight as
in any criminal prosecution.
| 12 |
| (Source: P.A. 91-257, eff. 1-1-00.)
| 13 |
| (720 ILCS 5/28-1.1)
(from Ch. 38, par. 28-1.1)
| 14 |
| Sec. 28-1.1. Syndicated gambling.
| 15 |
| (a) Declaration of Purpose. Recognizing the close | 16 |
| relationship between
professional gambling and other organized | 17 |
| crime, it is declared to be the
policy of the legislature to | 18 |
| restrain persons from engaging in the business
of gambling for | 19 |
| profit in this State. This Section shall be liberally
construed | 20 |
| and administered with a view to carrying out this policy.
| 21 |
| (b) A person commits syndicated gambling when he operates a | 22 |
| "policy
game" or engages in the business of bookmaking.
| 23 |
| (c) A person "operates a policy game" when he knowingly | 24 |
| uses any
premises or property for the purpose of receiving or | 25 |
| knowingly does
receive from what is commonly called "policy":
|
|
|
|
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| (1) money from a person other than the better or player | 2 |
| whose
bets or plays are represented by such money; or
| 3 |
| (2) written "policy game" records, made or used over | 4 |
| any
period of time, from a person other than the better or | 5 |
| player whose bets
or plays are represented by such written | 6 |
| record.
| 7 |
| (d) A person engages in bookmaking when he receives or | 8 |
| accepts more
than five bets or wagers upon the result of any | 9 |
| trials or contests of
skill, speed or power of endurance or | 10 |
| upon any lot, chance, casualty,
unknown or contingent event | 11 |
| whatsoever, which bets or wagers shall be of
such size that the | 12 |
| total of the amounts of money paid or promised to be
paid to | 13 |
| such bookmaker on account thereof shall exceed $2,000.
| 14 |
| Bookmaking is the receiving or accepting of such bets or wagers
| 15 |
| regardless of the form or manner in which the bookmaker records | 16 |
| them.
| 17 |
| (e) Participants in any of the following activities shall | 18 |
| not be
convicted of syndicated gambling:
| 19 |
| (1) Agreements to compensate for loss caused by the | 20 |
| happening
of chance including without limitation contracts | 21 |
| of indemnity or
guaranty and life or health or accident | 22 |
| insurance; and
| 23 |
| (2) Offers of prizes, award or compensation to the | 24 |
| actual
contestants in any bona fide contest for the | 25 |
| determination of skill,
speed, strength or endurance or to | 26 |
| the owners of animals or vehicles
entered in such contest; |
|
|
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| 1 |
| and
| 2 |
| (3) Pari-mutuel betting as authorized by law of this | 3 |
| State;
and
| 4 |
| (4) Manufacture of gambling devices, including the | 5 |
| acquisition
of essential parts therefor and the assembly | 6 |
| thereof, for transportation
in interstate or foreign | 7 |
| commerce to any place outside this State when
such | 8 |
| transportation is not prohibited by any applicable Federal | 9 |
| law; and
| 10 |
| (5) Raffles when conducted in accordance with the | 11 |
| Raffles Act; and
| 12 |
| (6) Gambling games conducted on riverboats when
| 13 |
| authorized by the Riverboat Gambling Act ; and .
| 14 |
| (7) Video gaming terminal games at a licensed | 15 |
| establishment, licensed truck stop establishment,
licensed
| 16 |
| fraternal establishment, or licensed veterans | 17 |
| establishment
when conducted in accordance with the Video | 18 |
| Gaming Act.
| 19 |
| (f) Sentence. Syndicated gambling is a Class 3 felony.
| 20 |
| (Source: P.A. 86-1029; 87-435.)
| 21 |
| (720 ILCS 5/28-3)
(from Ch. 38, par. 28-3)
| 22 |
| Sec. 28-3. Keeping a Gambling Place. A "gambling place" is | 23 |
| any real
estate, vehicle, boat or any other property whatsoever | 24 |
| used for the
purposes of gambling other than gambling conducted | 25 |
| in the manner authorized
by the Riverboat Gambling Act or the |
|
|
|
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| Video Gaming Act . Any person who
knowingly permits any premises
| 2 |
| or property owned or occupied by him or under his control to be | 3 |
| used as a
gambling place commits a Class A misdemeanor. Each | 4 |
| subsequent offense is a
Class 4 felony. When any premises is | 5 |
| determined by the circuit court to be
a gambling place:
| 6 |
| (a) Such premises is a public nuisance and may be proceeded | 7 |
| against as such,
and
| 8 |
| (b) All licenses, permits or certificates issued by the | 9 |
| State of
Illinois or any subdivision or public agency thereof | 10 |
| authorizing the
serving of food or liquor on such premises | 11 |
| shall be void; and no license,
permit or certificate so | 12 |
| cancelled shall be reissued for such premises for
a period of | 13 |
| 60 days thereafter; nor shall any person convicted of keeping a
| 14 |
| gambling place be reissued such license
for one year from his | 15 |
| conviction and, after a second conviction of keeping
a gambling | 16 |
| place, any such person shall not be reissued such license, and
| 17 |
| (c) Such premises of any person who knowingly permits | 18 |
| thereon a
violation of any Section of this Article shall be | 19 |
| held liable for, and may
be sold to pay any unsatisfied | 20 |
| judgment that may be recovered and any
unsatisfied fine that | 21 |
| may be levied under any Section of this Article.
| 22 |
| (Source: P.A. 86-1029.)
| 23 |
| Section 195. The State Finance Act is amended by adding | 24 |
| Section 5.719 as follows: |
|
|
|
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|
| 1 |
| (30 ILCS 105/5.719 new) | 2 |
| Sec. 5.719. The Local Government Video Gaming Distributive | 3 |
| Fund. | 4 |
| Section 999. Effective date. This Act takes effect upon | 5 |
| becoming law.".
|
|