Full Text of HB0996 98th General Assembly
HB0996enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning gaming.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 3. The Riverboat Gambling Act is amended by | 5 | | changing Section 5 as follows:
| 6 | | (230 ILCS 10/5) (from Ch. 120, par. 2405)
| 7 | | Sec. 5. Gaming Board.
| 8 | | (a) (1) There is hereby established the
Illinois Gaming | 9 | | Board, which shall have the powers and duties specified in
this | 10 | | Act, and all other powers necessary and proper to fully and
| 11 | | effectively execute this Act for the purpose of administering, | 12 | | regulating,
and enforcing the system of riverboat gambling | 13 | | established by this Act. Its
jurisdiction shall extend under | 14 | | this Act to every person, association,
corporation, | 15 | | partnership and trust involved in riverboat gambling
| 16 | | operations in the State of Illinois.
| 17 | | (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
| 23 | | will become a resident of Illinois before taking office. At |
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| 1 | | least one member
shall be experienced in law enforcement and | 2 | | criminal investigation, at
least one member shall be a | 3 | | certified public accountant experienced in
accounting and | 4 | | auditing, and at least one member shall be a lawyer licensed
to | 5 | | practice law in Illinois.
| 6 | | (3) The terms of office of the Board members shall be 3 | 7 | | years, except
that the terms of office of the initial Board | 8 | | members appointed pursuant to
this Act will commence from the | 9 | | effective date of this Act and run as
follows: one for a term | 10 | | ending July 1, 1991, 2 for a term ending July 1,
1992, and 2 for | 11 | | a term ending July 1, 1993. Upon the expiration of the
| 12 | | foregoing terms, the successors of such members shall serve a | 13 | | term for 3
years and until their successors are appointed and | 14 | | qualified for like terms.
Vacancies in the Board shall be | 15 | | filled for the unexpired term in like
manner as original | 16 | | appointments. Each member of the Board shall be
eligible for | 17 | | reappointment at the discretion of the Governor with the
advice | 18 | | and consent of the Senate.
| 19 | | (4) Each member of the Board shall receive $300 for each | 20 | | day the
Board meets and for each day the member conducts any | 21 | | hearing pursuant to
this Act. Each member of the Board shall | 22 | | also be reimbursed for all actual
and necessary expenses and | 23 | | disbursements incurred in the execution of official
duties.
| 24 | | (5) No person shall be appointed a member of the Board or | 25 | | continue to be
a member of the Board who is, or whose spouse, | 26 | | child or parent is, a member
of the board of directors of, or a |
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| 1 | | person financially interested in, any
gambling operation | 2 | | subject to the jurisdiction of this Board, or any race
track, | 3 | | race meeting, racing association or the operations thereof | 4 | | subject
to the jurisdiction of the Illinois Racing Board. No | 5 | | Board member shall
hold any other public office. No person | 6 | | shall be a
member of the Board who is not of good moral | 7 | | character or who has been
convicted of, or is under indictment | 8 | | for, a felony under the laws of
Illinois or any other state, or | 9 | | the United States.
| 10 | | (5.5) No member of the Board shall engage in any political | 11 | | activity. For the purposes of this Section, "political" means | 12 | | any activity in support
of or in connection with any campaign | 13 | | for federal, State, or local elective office or any political
| 14 | | organization, but does not include activities (i) relating to | 15 | | the support or
opposition of any executive, legislative, or | 16 | | administrative action (as those
terms are defined in Section 2 | 17 | | of the Lobbyist Registration Act), (ii) relating
to collective | 18 | | bargaining, or (iii) that are
otherwise
in furtherance of the | 19 | | person's official
State duties or governmental and public | 20 | | service functions.
| 21 | | (6) Any member of the Board may be removed by the Governor | 22 | | for neglect
of duty, misfeasance, malfeasance, or nonfeasance | 23 | | in office or for engaging in any political activity.
| 24 | | (7) Before entering upon the discharge of the duties of his | 25 | | office, each
member of the Board shall take an oath that he | 26 | | will faithfully execute the
duties of his office according to |
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| 1 | | the laws of the State and the rules and
regulations adopted | 2 | | therewith and shall give bond to the State of Illinois,
| 3 | | approved by the Governor, in the sum of $25,000. Every such | 4 | | bond, when
duly executed and approved, shall be recorded in the | 5 | | office of the
Secretary of State. Whenever the Governor | 6 | | determines that the bond of any
member of the Board has become | 7 | | or is likely to become invalid or
insufficient, he shall | 8 | | require such member forthwith to renew his bond,
which is to be | 9 | | approved by the Governor. Any member of the Board who fails
to | 10 | | take oath and give bond within 30 days from the date of his | 11 | | appointment,
or who fails to renew his bond within 30 days | 12 | | after it is demanded by the
Governor, shall be guilty of | 13 | | neglect of duty and may be removed by the
Governor. The cost of | 14 | | any bond given by any member of the Board under this
Section | 15 | | shall be taken to be a part of the necessary expenses of the | 16 | | Board.
| 17 | | (7.5) For the examination of all mechanical, | 18 | | electromechanical, or electronic table games, slot machines, | 19 | | slot accounting systems, and other electronic gaming equipment | 20 | | for compliance with this Act, the Board may utilize the | 21 | | services of one or more independent outside testing | 22 | | laboratories that have been accredited by a national | 23 | | accreditation body and that, in the judgment of the Board, are | 24 | | qualified to perform such examinations. | 25 | | (8) The Board shall employ such
personnel as may be | 26 | | necessary to carry out its functions and shall determine the |
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| 1 | | salaries of all personnel, except those personnel whose | 2 | | salaries are determined under the terms of a collective | 3 | | bargaining agreement. No
person shall be employed to serve the | 4 | | Board who is, or whose spouse, parent
or child is, an official | 5 | | of, or has a financial interest in or financial
relation with, | 6 | | any operator engaged in gambling operations within this
State | 7 | | or any organization engaged in conducting horse racing within | 8 | | this
State. Any employee violating these prohibitions shall be | 9 | | subject to
termination of employment.
| 10 | | (9) An Administrator shall perform any and all duties that | 11 | | the Board
shall assign him. The salary of the Administrator | 12 | | shall be determined by
the Board and, in addition,
he shall be | 13 | | reimbursed for all actual and necessary expenses incurred by
| 14 | | him in discharge of his official duties. The Administrator | 15 | | shall keep
records of all proceedings of the Board and shall | 16 | | preserve all records,
books, documents and other papers | 17 | | belonging to the Board or entrusted to
its care. The | 18 | | Administrator shall devote his full time to the duties of
the | 19 | | office and shall not hold any other office or employment.
| 20 | | (b) The Board shall have general responsibility for the | 21 | | implementation
of this Act. Its duties include, without | 22 | | limitation, the following:
| 23 | | (1) To decide promptly and in reasonable order all | 24 | | license applications.
Any party aggrieved by an action of | 25 | | the Board denying, suspending,
revoking, restricting or | 26 | | refusing to renew a license may request a hearing
before |
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| 1 | | the Board. A request for a hearing must be made to the | 2 | | Board in
writing within 5 days after service of notice of | 3 | | the action of the Board.
Notice of the action of the Board | 4 | | shall be served either by personal
delivery or by certified | 5 | | mail, postage prepaid, to the aggrieved party.
Notice | 6 | | served by certified mail shall be deemed complete on the | 7 | | business
day following the date of such mailing. The Board | 8 | | shall conduct all
requested hearings promptly and in | 9 | | reasonable order;
| 10 | | (2) To conduct all hearings pertaining to civil | 11 | | violations of this Act
or rules and regulations promulgated | 12 | | hereunder;
| 13 | | (3) To promulgate such rules and regulations as in its | 14 | | judgment may be
necessary to protect or enhance the | 15 | | credibility and integrity of gambling
operations | 16 | | authorized by this Act and the regulatory process | 17 | | hereunder;
| 18 | | (4) To provide for the establishment and collection of | 19 | | all license and
registration fees and taxes imposed by this | 20 | | Act and the rules and
regulations issued pursuant hereto. | 21 | | All such fees and taxes shall be
deposited into the State | 22 | | Gaming Fund;
| 23 | | (5) To provide for the levy and collection of penalties | 24 | | and fines for the
violation of provisions of this Act and | 25 | | the rules and regulations
promulgated hereunder. All such | 26 | | fines and penalties shall be deposited
into the Education |
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| 1 | | Assistance Fund, created by Public Act 86-0018, of the
| 2 | | State of Illinois;
| 3 | | (6) To be present through its inspectors and agents any | 4 | | time gambling
operations are conducted on any riverboat for | 5 | | the purpose of certifying the
revenue thereof, receiving | 6 | | complaints from the public, and conducting such
other | 7 | | investigations into the conduct of the gambling games and | 8 | | the
maintenance of the equipment as from time to time the | 9 | | Board may deem
necessary and proper;
| 10 | | (7) To review and rule upon any complaint by a licensee
| 11 | | regarding any investigative procedures of the State which | 12 | | are unnecessarily
disruptive of gambling operations. The | 13 | | need to inspect and investigate
shall be presumed at all | 14 | | times. The disruption of a licensee's operations
shall be | 15 | | proved by clear and convincing evidence, and establish | 16 | | that: (A)
the procedures had no reasonable law enforcement | 17 | | purposes, and (B) the
procedures were so disruptive as to | 18 | | unreasonably inhibit gambling operations;
| 19 | | (8) To hold at least one meeting each quarter of the | 20 | | fiscal
year. In addition, special meetings may be called by | 21 | | the Chairman or any 2
Board members upon 72 hours written | 22 | | notice to each member. All Board
meetings shall be subject | 23 | | to the Open Meetings Act. Three members of the
Board shall | 24 | | constitute a quorum, and 3 votes shall be required for any
| 25 | | final determination by the Board. The Board shall keep a | 26 | | complete and
accurate record of all its meetings. A |
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| 1 | | majority of the members of the Board
shall constitute a | 2 | | quorum for the transaction of any business, for the
| 3 | | performance of any duty, or for the exercise of any power | 4 | | which this Act
requires the Board members to transact, | 5 | | perform or exercise en banc, except
that, upon order of the | 6 | | Board, one of the Board members or an
administrative law | 7 | | judge designated by the Board may conduct any hearing
| 8 | | provided for under this Act or by Board rule and may | 9 | | recommend findings and
decisions to the Board. The Board | 10 | | member or administrative law judge
conducting such hearing | 11 | | shall have all powers and rights granted to the
Board in | 12 | | this Act. The record made at the time of the hearing shall | 13 | | be
reviewed by the Board, or a majority thereof, and the | 14 | | findings and decision
of the majority of the Board shall | 15 | | constitute the order of the Board in
such case;
| 16 | | (9) To maintain records which are separate and distinct | 17 | | from the records
of any other State board or commission. | 18 | | Such records shall be available
for public inspection and | 19 | | shall accurately reflect all Board proceedings;
| 20 | | (10) To file a written annual report with the Governor | 21 | | on or before
March 1 each year and such additional reports | 22 | | as the Governor may request.
The annual report shall | 23 | | include a statement of receipts and disbursements
by the | 24 | | Board, actions taken by the Board, and any additional | 25 | | information
and recommendations which the Board may deem | 26 | | valuable or which the Governor
may request;
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| 1 | | (11) (Blank);
| 2 | | (12) (Blank);
| 3 | | (13) To assume responsibility for administration and | 4 | | enforcement of the
Video Gaming Act; and | 5 | | (14) To adopt, by rule, a code of conduct governing | 6 | | Board members and employees that ensure, to the maximum | 7 | | extent possible, that persons subject to this Code avoid | 8 | | situations, relationships, or associations that may | 9 | | represent or lead to a conflict of interest.
| 10 | | (c) The Board shall have jurisdiction over and shall | 11 | | supervise all
gambling operations governed by this Act. The | 12 | | Board shall have all powers
necessary and proper to fully and | 13 | | effectively execute the provisions of
this Act, including, but | 14 | | not limited to, the following:
| 15 | | (1) To investigate applicants and determine the | 16 | | eligibility of
applicants for licenses and to select among | 17 | | competing applicants the
applicants which best serve the | 18 | | interests of the citizens of Illinois.
| 19 | | (2) To have jurisdiction and supervision over all | 20 | | riverboat gambling
operations in this State and all persons | 21 | | on riverboats where gambling
operations are conducted.
| 22 | | (3) To promulgate rules and regulations for the purpose | 23 | | of administering
the provisions of this Act and to | 24 | | prescribe rules, regulations and
conditions under which | 25 | | all riverboat gambling in the State shall be
conducted. | 26 | | Such rules and regulations are to provide for the |
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| 1 | | prevention of
practices detrimental to the public interest | 2 | | and for the best interests of
riverboat gambling, including | 3 | | rules and regulations regarding the
inspection of such | 4 | | riverboats and the review of any permits or licenses
| 5 | | necessary to operate a riverboat under any laws or | 6 | | regulations applicable
to riverboats, and to impose | 7 | | penalties for violations thereof.
| 8 | | (4) To enter the office, riverboats, facilities, or | 9 | | other
places of business of a licensee, where evidence of | 10 | | the compliance or
noncompliance with the provisions of this | 11 | | Act is likely to be found.
| 12 | | (5) To investigate alleged violations of this Act or | 13 | | the
rules of the Board and to take appropriate disciplinary
| 14 | | action against a licensee or a holder of an occupational | 15 | | license for a
violation, or institute appropriate legal | 16 | | action for enforcement, or both.
| 17 | | (6) To adopt standards for the licensing of all persons | 18 | | under this Act,
as well as for electronic or mechanical | 19 | | gambling games, and to establish
fees for such licenses.
| 20 | | (7) To adopt appropriate standards for all riverboats
| 21 | | and facilities.
| 22 | | (8) To require that the records, including financial or | 23 | | other statements
of any licensee under this Act, shall be | 24 | | kept in such manner as prescribed
by the Board and that any | 25 | | such licensee involved in the ownership or
management of | 26 | | gambling operations submit to the Board an annual balance
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| 1 | | sheet and profit and loss statement, list of the | 2 | | stockholders or other
persons having a 1% or greater | 3 | | beneficial interest in the gambling
activities of each | 4 | | licensee, and any other information the Board deems
| 5 | | necessary in order to effectively administer this Act and | 6 | | all rules,
regulations, orders and final decisions | 7 | | promulgated under this Act.
| 8 | | (9) To conduct hearings, issue subpoenas for the | 9 | | attendance of
witnesses and subpoenas duces tecum for the | 10 | | production of books, records
and other pertinent documents | 11 | | in accordance with the Illinois
Administrative Procedure | 12 | | Act, and to administer oaths and affirmations to
the | 13 | | witnesses, when, in the judgment of the Board, it is | 14 | | necessary to
administer or enforce this Act or the Board | 15 | | rules.
| 16 | | (10) To prescribe a form to be used by any licensee | 17 | | involved in the
ownership or management of gambling | 18 | | operations as an
application for employment for their | 19 | | employees.
| 20 | | (11) To revoke or suspend licenses, as the Board may | 21 | | see fit and in
compliance with applicable laws of the State | 22 | | regarding administrative
procedures, and to review | 23 | | applications for the renewal of licenses. The
Board may | 24 | | suspend an owners license, without notice or hearing upon a
| 25 | | determination that the safety or health of patrons or | 26 | | employees is
jeopardized by continuing a riverboat's |
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| 1 | | operation. The suspension may
remain in effect until the | 2 | | Board determines that the cause for suspension
has been | 3 | | abated. The Board may revoke the owners license upon a
| 4 | | determination that the owner has not made satisfactory | 5 | | progress toward
abating the hazard.
| 6 | | (12) To eject or exclude or authorize the ejection or | 7 | | exclusion of, any
person from riverboat gambling | 8 | | facilities where such person is in violation
of this Act, | 9 | | rules and regulations thereunder, or final orders of the
| 10 | | Board, or where such person's conduct or reputation is such | 11 | | that his
presence within the riverboat gambling facilities | 12 | | may, in the opinion of
the Board, call into question the | 13 | | honesty and integrity of the gambling
operations or | 14 | | interfere with orderly conduct thereof; provided that the
| 15 | | propriety of such ejection or exclusion is subject to | 16 | | subsequent hearing
by the Board.
| 17 | | (13) To require all licensees of gambling operations to | 18 | | utilize a
cashless wagering system whereby all players' | 19 | | money is converted to tokens,
electronic cards, or chips | 20 | | which shall be used only for wagering in the
gambling | 21 | | establishment.
| 22 | | (14) (Blank).
| 23 | | (15) To suspend, revoke or restrict licenses, to | 24 | | require the
removal of a licensee or an employee of a | 25 | | licensee for a violation of this
Act or a Board rule or for | 26 | | engaging in a fraudulent practice, and to
impose civil |
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| 1 | | penalties of up to $5,000 against individuals and up to
| 2 | | $10,000 or an amount equal to the daily gross receipts, | 3 | | whichever is
larger, against licensees for each violation | 4 | | of any provision of the Act,
any rules adopted by the | 5 | | Board, any order of the Board or any other action
which, in | 6 | | the Board's discretion, is a detriment or impediment to | 7 | | riverboat
gambling operations.
| 8 | | (16) To hire employees to gather information, conduct | 9 | | investigations
and carry out any other tasks contemplated | 10 | | under this Act.
| 11 | | (17) To establish minimum levels of insurance to be | 12 | | maintained by
licensees.
| 13 | | (18) To authorize a licensee to sell or serve alcoholic | 14 | | liquors, wine or
beer as defined in the Liquor Control Act | 15 | | of 1934 on board a riverboat
and to have exclusive | 16 | | authority to establish the hours for sale and
consumption | 17 | | of alcoholic liquor on board a riverboat, notwithstanding | 18 | | any
provision of the Liquor Control Act of 1934 or any | 19 | | local ordinance, and
regardless of whether the riverboat | 20 | | makes excursions. The
establishment of the hours for sale | 21 | | and consumption of alcoholic liquor on
board a riverboat is | 22 | | an exclusive power and function of the State. A home
rule | 23 | | unit may not establish the hours for sale and consumption | 24 | | of alcoholic
liquor on board a riverboat. This amendatory | 25 | | Act of 1991 is a denial and
limitation of home rule powers | 26 | | and functions under subsection (h) of
Section 6 of Article |
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| 1 | | VII of the Illinois Constitution.
| 2 | | (19) After consultation with the U.S. Army Corps of | 3 | | Engineers, to
establish binding emergency orders upon the | 4 | | concurrence of a majority of
the members of the Board | 5 | | regarding the navigability of water, relative to
| 6 | | excursions,
in the event
of extreme weather conditions, | 7 | | acts of God or other extreme circumstances.
| 8 | | (20) To delegate the execution of any of its powers | 9 | | under this Act for
the purpose of administering and | 10 | | enforcing this Act and its rules and
regulations hereunder.
| 11 | | (20.5) To approve any contract entered into on its | 12 | | behalf.
| 13 | | (20.6) To appoint investigators to conduct | 14 | | investigations, searches, seizures, arrests, and other | 15 | | duties imposed under this Act, as deemed necessary by the | 16 | | Board. These investigators have and may exercise all of the | 17 | | rights and powers of peace officers, provided that these | 18 | | powers shall be limited to offenses or violations occurring | 19 | | or committed on a riverboat or dock, as defined in | 20 | | subsections (d) and (f) of Section 4, or as otherwise | 21 | | provided by this Act or any other law. | 22 | | (20.7) To contract with the Department of State Police | 23 | | for the use of trained and qualified State police officers | 24 | | and with the Department of Revenue for the use of trained | 25 | | and qualified Department of Revenue investigators to | 26 | | conduct investigations, searches, seizures, arrests, and |
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| 1 | | other duties imposed under this Act and to exercise all of | 2 | | the rights and powers of peace officers, provided that the | 3 | | powers of Department of Revenue investigators under this | 4 | | subdivision (20.7) shall be limited to offenses or | 5 | | violations occurring or committed on a riverboat or dock, | 6 | | as defined in subsections (d) and (f) of Section 4, or as | 7 | | otherwise provided by this Act or any other law. In the | 8 | | event the Department of State Police or the Department of | 9 | | Revenue is unable to fill contracted police or | 10 | | investigative positions, the Board may appoint | 11 | | investigators to fill those positions pursuant to | 12 | | subdivision (20.6).
| 13 | | (21) To take any other action as may be reasonable or | 14 | | appropriate to
enforce this Act and rules and regulations | 15 | | hereunder.
| 16 | | (d) The Board may seek and shall receive the cooperation of | 17 | | the
Department of State Police in conducting background | 18 | | investigations of
applicants and in fulfilling its | 19 | | responsibilities under
this Section. Costs incurred by the | 20 | | Department of State Police as
a result of such cooperation | 21 | | shall be paid by the Board in conformance
with the requirements | 22 | | of Section 2605-400 of the Department of State Police Law
(20 | 23 | | ILCS 2605/2605-400).
| 24 | | (e) The Board must authorize to each investigator and to | 25 | | any other
employee of the Board exercising the powers of a | 26 | | peace officer a distinct badge
that, on its face, (i) clearly |
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| 1 | | states that the badge is authorized by the Board
and
(ii) | 2 | | contains a unique identifying number. No other badge shall be | 3 | | authorized
by the Board.
| 4 | | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; | 5 | | 96-1000, eff. 7-2-10; 96-1392, eff. 1-1-11.)
| 6 | | Section 5. The Charitable Games Act is amended by changing | 7 | | Sections 3, 4, 5, 8, and 9 as follows:
| 8 | | (230 ILCS 30/3) (from Ch. 120, par. 1123)
| 9 | | Sec. 3. The Department of Revenue shall, upon application | 10 | | therefor
on forms prescribed by the Department, and upon the | 11 | | payment of a nonrefundable annual
fee of $400 due upon | 12 | | application and each renewal $200 , and upon a determination by | 13 | | the Department that the applicant
meets all of the | 14 | | qualifications specified in this Act, issue a
charitable games | 15 | | license for the conducting of charitable games to any
of the | 16 | | following:
| 17 | | (i) Any local fraternal mutual benefit organization | 18 | | chartered at least
40 years before it applies for a license | 19 | | under this Act.
| 20 | | (ii) Any qualified organization organized in Illinois | 21 | | which operates
without profit to its members, which has | 22 | | been in existence in Illinois
continuously for a period of | 23 | | 5 years immediately before making application for
a license | 24 | | and which has had during that 5 year period a bona fide |
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| 1 | | membership
engaged in carrying out its objects. However, | 2 | | the 5 year requirement shall be
reduced to 2 years, as | 3 | | applied to a local organization which is affiliated with
| 4 | | and chartered by a national organization which meets the 5 | 5 | | year requirement.
The period of existence specified above | 6 | | shall not apply to a qualified
organization, organized for | 7 | | charitable purpose, created by a fraternal
organization | 8 | | that meets the existence requirements if the charitable
| 9 | | organization has the same officers and directors as the | 10 | | fraternal organization.
Only one charitable organization | 11 | | created by a branch lodge or chapter of a
fraternal | 12 | | organization may be licensed under this provision.
| 13 | | The application shall be signed by a person listed on the | 14 | | application as an owner, officer, or other person in charge of | 15 | | the necessary day-to-day operations of the applicant | 16 | | organization, who shall attest under penalties of perjury that | 17 | | the information contained in the application is true, correct, | 18 | | and complete.
| 19 | | Each license shall be in effect for 2 years one year from | 20 | | its date of
issuance unless extended, suspended, or revoked by | 21 | | Department action before that date.
Any extension shall not | 22 | | exceed one year. The Department may by rule authorize the | 23 | | filing by electronic means of any application, license, permit, | 24 | | return, or registration required under this Act. A licensee may | 25 | | hold only one license. Each license must be applied for at
| 26 | | least 30 days prior to the night or nights the licensee wishes |
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| 1 | | to conduct
such games. The Department may issue a license to a | 2 | | licensee that applies less than 30 days prior to the night or | 3 | | nights the licensee wishes to conduct the games if all other | 4 | | requirements of this Act are met and the Department has | 5 | | sufficient time and resources to issue the license in a timely | 6 | | manner. The Department may provide by rule for an extension of | 7 | | any charitable games license issued under this Act. If a | 8 | | licensee wishes to conduct games at a location other than
the | 9 | | locations originally specified in the license, the licensee | 10 | | shall
notify the Department of the proposed alternate location | 11 | | at least 30 days
before the night on which the licensee wishes | 12 | | to conduct games at the
alternate location. The Department may | 13 | | accept an applicant's change in location with less than 30 | 14 | | days' notice if all other requirements of this Act are met and | 15 | | the Department has sufficient time and resources to process the | 16 | | change in a timely manner.
| 17 | | All taxes and fees imposed by this Act, unless otherwise | 18 | | specified, shall be paid into the Illinois Gaming Law | 19 | | Enforcement Fund of the State Treasury.
| 20 | | (Source: P.A. 95-228, eff. 8-16-07.)
| 21 | | (230 ILCS 30/4) (from Ch. 120, par. 1124)
| 22 | | Sec. 4. Licensing Restrictions. Licensing for the | 23 | | conducting of
charitable games is subject to the following | 24 | | restrictions:
| 25 | | (1) The license application, when submitted to the |
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| 1 | | Department of Revenue,
must contain a sworn statement | 2 | | attesting to the not-for-profit character
of the | 3 | | prospective licensee organization, signed by a person | 4 | | listed on the application as an owner, officer, or other | 5 | | person in charge of the necessary day-to-day operations. | 6 | | The application shall contain the
name of the person in | 7 | | charge of and primarily responsible for the
conduct of the | 8 | | charitable games. The person so designated shall be
present | 9 | | on the premises continuously during charitable games.
| 10 | | (2) The license application shall be prepared by the | 11 | | prospective
licensee organization or its duly authorized | 12 | | representative in accordance
with the
rules of the | 13 | | Department of Revenue.
| 14 | | (2.1) The organization shall maintain among its books | 15 | | and records a list of the names,
addresses, social security | 16 | | numbers, and dates of birth of all persons who will
| 17 | | participate in the management or operation of the games, | 18 | | along with a sworn
statement made under penalties of | 19 | | perjury, signed by a person listed on the application as an | 20 | | owner, officer, or other person in charge of the necessary | 21 | | day-to-day operations, that the persons listed as | 22 | | participating in the
management or operation of the games | 23 | | are bona fide members, volunteers as
defined in Section 2, | 24 | | or employees of the applicant, that these persons have
not
| 25 | | participated in the management or operation of more than 12 | 26 | | 4 charitable games
events conducted by any licensee in the |
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| 1 | | calendar year, and that these persons
will receive no | 2 | | remuneration or compensation, directly or indirectly from | 3 | | any
source, for participating in the management or | 4 | | operation of the games. Any
amendments to this listing must | 5 | | contain an identical sworn statement.
| 6 | | (2.2) (Blank).
| 7 | | (3) Each license shall state the date, hours and
at | 8 | | what
locations the licensee is permitted to conduct | 9 | | charitable games.
| 10 | | (4) Each licensee shall file a copy of the license with | 11 | | each
police
department or, if in unincorporated areas, each | 12 | | sheriff's office whose
jurisdiction includes the premises | 13 | | on which the charitable games are
authorized under the | 14 | | license.
| 15 | | (5) The licensee shall prominently display the license | 16 | | in the
area where the licensee is to conduct charitable | 17 | | games. The licensee shall likewise display, in the form and | 18 | | manner prescribed by the Department, the provisions of | 19 | | Section 9 of this Act.
| 20 | | (6) (Blank).
| 21 | | (7) (Blank). Each licensee shall obtain and maintain a | 22 | | bond for the
benefit of
participants in games conducted by | 23 | | the licensee to insure payment to the
winners of such | 24 | | games. Such bond discretionary by the Department and shall | 25 | | be in an amount established by rule
by the Department of | 26 | | Revenue. In a county with fewer than 60,000
inhabitants, |
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| 1 | | the Department may waive the bond
requirement upon a | 2 | | showing by a licensee that it has sufficient funds on
| 3 | | deposit to insure payment to the winners of such games.
| 4 | | (8) A license is not assignable or transferable.
| 5 | | (9) Unless the premises for conducting charitable | 6 | | games are provided by
a
municipality, the Department shall | 7 | | not issue a license
permitting a
person, firm
or | 8 | | corporation to sponsor a charitable games night if the | 9 | | premises for the
conduct of the charitable games has been | 10 | | previously used for 12 8
charitable
games nights during the | 11 | | previous 12 months.
| 12 | | (10) Auxiliary organizations of a licensee shall not be
| 13 | | eligible for a
license to conduct charitable games, except | 14 | | for auxiliary organizations
of veterans organizations as | 15 | | authorized in Section 2.
| 16 | | (11) Charitable games must be conducted in accordance | 17 | | with
local
building and fire code requirements.
| 18 | | (12) The licensee shall consent to allowing the | 19 | | Department's
employees
to be present on the premises | 20 | | wherein the charitable games are conducted
and to inspect | 21 | | or test equipment, devices and supplies used in the conduct
| 22 | | of the game.
| 23 | | Nothing in this Section shall be construed to prohibit a | 24 | | licensee that
conducts charitable games on its own premises | 25 | | from also obtaining a
providers' license in accordance with | 26 | | Section 5.1.
The maximum number of charitable games events that |
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| 1 | | may be held in any one
premises is limited to one 8 charitable | 2 | | games event events per month calendar year .
| 3 | | (Source: P.A. 94-986, eff. 6-30-06; 95-228, eff. 8-16-07.)
| 4 | | (230 ILCS 30/5) (from Ch. 120, par. 1125)
| 5 | | Sec. 5. Providers' License. The Department shall issue a | 6 | | providers'
license permitting a person, firm or corporation to | 7 | | provide
premises for the conduct of charitable games. No | 8 | | person, firm or
corporation may rent or otherwise provide | 9 | | premises without having first
obtained a license. Applications | 10 | | for providers' licenses shall be made in writing in accordance | 11 | | with Department rules. The Department shall license providers | 12 | | of charitable games at a nonrefundable annual fee of $50, or | 13 | | nonrefundable triennial license fee of $150. Each providers' | 14 | | license is valid for one year
from the date of issuance, or 3 | 15 | | years from date of issuance for a triennial license, unless | 16 | | extended, suspended,
or revoked by Department action
before
| 17 | | that date. Any extension of a providers' license shall not | 18 | | exceed one year. A provider may receive reasonable compensation | 19 | | for the provision
of the premises. Reasonable expenses shall | 20 | | include only those expenses defined as reasonable by rules | 21 | | adopted by the Department. A provider, other than a
| 22 | | municipality, may not provide
the same premises for conducting | 23 | | more than 12 8 charitable games nights
per year.
A provider | 24 | | shall not have any interest in any suppliers' business, either
| 25 | | direct or indirect.
A municipality may provide the same |
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| 1 | | premises for conducting 48 16 charitable
games nights during a | 2 | | 12-month period. No employee, officer, or owner of a
provider | 3 | | may participate in the management or operation of a charitable | 4 | | games
event, even if the employee, officer, or owner is also a | 5 | | member, volunteer, or
employee of the charitable games | 6 | | licensee. A provider may not promote or
solicit a charitable | 7 | | games event on behalf of a charitable games licensee or
| 8 | | qualified organization.
Any qualified organization licensed to | 9 | | conduct a
charitable game need not obtain a providers' license | 10 | | if such games are to
be conducted on the organization's | 11 | | premises.
| 12 | | (Source: P.A. 94-986, eff. 6-30-06; 95-228, eff. 8-16-07.)
| 13 | | (230 ILCS 30/8) (from Ch. 120, par. 1128)
| 14 | | Sec. 8. The conducting of charitable games is subject to | 15 | | the following
restrictions:
| 16 | | (1) The entire net proceeds from charitable games must | 17 | | be exclusively
devoted to the lawful purposes of the | 18 | | organization permitted to conduct
that game.
| 19 | | (2) No person except a bona fide member or employee of | 20 | | the
sponsoring organization, or a volunteer recruited by | 21 | | the sponsoring
organization, may participate in the | 22 | | management or operation of the
game.
A person participates | 23 | | in the management or operation of a charitable game
when he | 24 | | or she sells admission tickets at the event; sells, | 25 | | redeems, or in any
way assists in the selling or redeeming |
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| 1 | | of chips, scrip, or play money;
participates in the
| 2 | | conducting of any of the games played during the event, or | 3 | | supervises, directs
or instructs anyone conducting a game; | 4 | | or at any time during the hours of the
charitable games | 5 | | event counts, handles, or supervises anyone counting or
| 6 | | handling any of the proceeds or chips, scrip, or play money | 7 | | at the event. A
person who is present to
ensure that the | 8 | | games are being conducted in conformance with the rules
| 9 | | established by the licensed organization or is present to | 10 | | insure that the
equipment is working
properly is considered | 11 | | to be participating in the management or operation of a
| 12 | | game. Setting up, cleaning up, selling food and drink, or | 13 | | providing security
for persons or property at the event | 14 | | does not constitute participation in the
management or | 15 | | operation of the game.
| 16 | | Only bona fide members, volunteers as defined in | 17 | | Section 2 of this Act, and
employees of the sponsoring | 18 | | organization may participate in the management or
| 19 | | operation of the games. Participation in the management or
| 20 | | operation
of the games is limited to no more than 12 4 | 21 | | charitable games events, either of the sponsoring | 22 | | organization or any other licensed organization, during a | 23 | | calendar year.
| 24 | | (3) No person may receive any remuneration or | 25 | | compensation either
directly or
indirectly from any source | 26 | | for
participating in the management or operation of the |
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| 1 | | game.
| 2 | | (4) No single bet at any house-banked game may exceed | 3 | | $20 $10 .
| 4 | | (5) A bank shall be established on the premises to | 5 | | convert currency into
chips, scrip, or other form of play | 6 | | money which shall then be used to play
at
games of chance | 7 | | which the participant chooses. Chips, scrip, or play money
| 8 | | must be permanently monogrammed with the supplier license | 9 | | number or logo or charitable games license number of a the | 10 | | licensed organization or of the
supplier. Each participant | 11 | | must be issued a receipt indicating the amount
of chips, | 12 | | scrip, or play money purchased.
| 13 | | (6) At the conclusion of the event or when the | 14 | | participant leaves, he or she
may cash in his or her chips, | 15 | | scrip, or play money in exchange for currency not to
exceed | 16 | | $500 in cash winnings $250 or unlimited noncash prizes. | 17 | | Each participant shall sign for any receipt
of prizes. The | 18 | | licensee shall provide the Department of Revenue with a
| 19 | | listing of all prizes awarded, including the retail value | 20 | | of all prizes awarded.
| 21 | | (7) Each licensee shall be permitted to conduct | 22 | | charitable games on
not more than 4 days each year. Nothing | 23 | | in this Section shall be construed to prohibit a licensee | 24 | | that conducts charitable games on its own premises from | 25 | | also obtaining a providers' license in accordance with | 26 | | Section 7 of this Act.
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| 1 | | (8) Unless the provider of the premises is a | 2 | | municipality, the
provider of the premises may not rent or | 3 | | otherwise provide the
premises for the conducting of more | 4 | | than one 8 charitable games night nights per month year .
| 5 | | (9) A charitable games event is considered to be a | 6 | | one-day event and charitable games may not be played | 7 | | between the hours of 2:00 a.m.
and noon.
| 8 | | (10) No person under the age of 18 years may play or | 9 | | participate in the
conducting of charitable games. Any | 10 | | person under the age of 18 years
may be within the area | 11 | | where charitable games are being played only
when | 12 | | accompanied by his parent or guardian.
| 13 | | (11) No one other than the sponsoring organization
of | 14 | | charitable games must have a proprietary
interest in the | 15 | | game promoted.
| 16 | | (12) Raffles or other forms of gambling prohibited by | 17 | | law shall not be
conducted on the premises where charitable | 18 | | games are being conducted.
| 19 | | (13) Such games are not expressly prohibited by county
| 20 | | ordinance for
charitable games conducted in the | 21 | | unincorporated areas of the county or
municipal ordinance | 22 | | for charitable games conducted in the municipality and
the | 23 | | ordinance is filed with the Department of Revenue. The | 24 | | Department
shall provide each county or municipality with a | 25 | | list of organizations
licensed or subsequently authorized | 26 | | by the Department to conduct
charitable games in their |
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| 1 | | jurisdiction.
| 2 | | (14) The sale of tangible personal property at | 3 | | charitable games is
subject to all State and local taxes | 4 | | and obligations.
| 5 | | (15) Each licensee may offer or conduct only the games
| 6 | | listed
below,
which must be conducted in accordance with
| 7 | | rules posted by the organization. The organization | 8 | | sponsoring charitable
games shall promulgate rules, and | 9 | | make printed copies available to
participants, for the | 10 | | following games: (a) roulette; (b) blackjack; (c)
poker; | 11 | | (d) pull tabs; (e) craps; (f) bang; (g) beat the dealer; | 12 | | (h) big
six; (i) gin rummy; (j) five card stud poker; (k) | 13 | | chuck-a-luck; (l) keno;
(m) hold-em poker; and (n) | 14 | | merchandise wheel. A licensee need not offer or
conduct | 15 | | every game permitted by law.
The conducting of games not | 16 | | listed above is prohibited by this Act.
| 17 | | (16) No slot machines or coin-in-the-slot-operated | 18 | | devices
that allow a participant to play games of chance | 19 | | shall be permitted to be used at the location and during | 20 | | the time at which the charitable games are being conducted. | 21 | | However, establishments that have video gaming terminals | 22 | | licensed under the Video Gaming Act may operate them along | 23 | | with charitable games under rules adopted by the | 24 | | Department.
| 25 | | (17) No cards, dice, wheels, or other equipment may be | 26 | | modified or
altered
so as to give the licensee a greater |
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| 1 | | advantage in winning, other than as
provided under the | 2 | | normal rules of play of a particular game.
| 3 | | (18) No credit shall be extended to any of the | 4 | | participants.
| 5 | | (19) (Blank).
| 6 | | (20) A supplier may have only one representative | 7 | | present at the charitable
games event, for the exclusive | 8 | | purpose of ensuring that its equipment is not
damaged.
| 9 | | (21) No employee, owner, or officer of a consultant | 10 | | service hired by a
licensed organization to perform | 11 | | services at the event including, but not
limited to, | 12 | | security for
persons or property at the event or services | 13 | | before the event including, but
not limited to, training | 14 | | for volunteers
or advertising may participate in the | 15 | | management or operation of the games.
| 16 | | (22) (Blank).
| 17 | | (Source: P.A. 94-986, eff. 6-30-06; 95-228, eff. 8-16-07.)
| 18 | | (230 ILCS 30/9) (from Ch. 120, par. 1129)
| 19 | | Sec. 9. There shall be paid to the Department of Revenue, | 20 | | 5% 3% of the net
gross proceeds of charitable games conducted | 21 | | under the provisions
of this Act. Such payments shall be made | 22 | | within 30 days after the
completion of the games. Accompanying | 23 | | each payment shall be a return, on forms prescribed by
the | 24 | | Department of Revenue. Failure to submit either the payment or | 25 | | the return within the
specified time may result in suspension |
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| 1 | | or revocation of the license. Tax returns filed pursuant to | 2 | | this Act shall not be confidential and shall be available for | 3 | | public inspection.
| 4 | |
The provisions of Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, | 5 | | 5g, 5i, 5j,
6, 6a, 6b, 6c, 8, 9, 10, 11 and 12 of the Retailers' | 6 | | Occupation
Tax Act, and Section 3-7 of the Uniform Penalty and | 7 | | Interest Act,
which are not inconsistent with this Act shall | 8 | | apply, as far as
practicable, to the subject matter of this Act | 9 | | to the same extent as if
such provisions were included in this | 10 | | Act. For the purposes of this Act, references in such | 11 | | incorporated
Sections of the Retailers' Occupation Tax Act to | 12 | | retailers, sellers or
persons engaged in the business of | 13 | | selling tangible personal property means
persons engaged in | 14 | | conducting charitable games, and references in such
| 15 | | incorporated Sections of the Retailers' Occupation Tax Act to | 16 | | sales of
tangible personal property mean the conducting of | 17 | | charitable games and the
making of charges for playing such | 18 | | games.
| 19 | | All payments made to the Department of Revenue under this | 20 | | Section shall be deposited
into the Illinois Gaming Law | 21 | | Enforcement Fund of the State Treasury.
| 22 | | (Source: P.A. 95-228, eff. 8-16-07.)
| 23 | | Section 10. The Video Gaming
Act is amended by changing | 24 | | Section 15 as follows: |
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| 1 | | (230 ILCS 40/15)
| 2 | | Sec. 15. Minimum requirements for
licensing and | 3 | | registration. Every video gaming terminal offered for
play | 4 | | shall first be
tested and approved pursuant to the rules of the | 5 | | Board, and
each video gaming terminal offered in this State for | 6 | | play shall conform to an
approved
model. For the examination of | 7 | | video gaming machines and associated equipment as required by | 8 | | this Section, the The Board may utilize the services of one or | 9 | | more an independent outside testing laboratories that have been | 10 | | accredited by a national accreditation body and that, in the | 11 | | judgment of the Board, are qualified to perform such | 12 | | examinations laboratory for the
examination of video gaming | 13 | | machines and associated equipment as required
by this Section . | 14 | | Every video gaming terminal offered in this State for play must | 15 | | meet minimum standards set by an independent outside testing | 16 | | laboratory approved by the Board. Each approved model shall, at | 17 | | a minimum, meet the following
criteria:
| 18 | | (1) It must conform to all requirements of federal law | 19 | | and
regulations, including FCC Class A
Emissions | 20 | | Standards.
| 21 | | (2) It must theoretically pay out a mathematically | 22 | | demonstrable percentage
during the expected lifetime of | 23 | | the machine
of all amounts played, which must not be less | 24 | | than 80%. The Board shall establish a maximum payout | 25 | | percentage for approved models by rule. Video gaming
| 26 | | terminals that may be affected by skill must meet this |
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| 1 | | standard when using a
method of play that will provide the | 2 | | greatest return to the player over a
period of continuous | 3 | | play.
| 4 | | (3) It must use a random selection process to determine | 5 | | the outcome of
each play of a game. The random selection | 6 | | process must meet 99% confidence
limits using a standard | 7 | | chi-squared test for (randomness) goodness of fit.
| 8 | | (4) It must display an accurate representation of the | 9 | | game outcome.
| 10 | | (5) It must not automatically alter pay tables or any | 11 | | function of the
video gaming terminal based on internal | 12 | | computation of hold percentage or have
any means of | 13 | | manipulation that affects the random selection process or
| 14 | | probabilities of winning a game.
| 15 | | (6) It must not be adversely affected by static | 16 | | discharge or other
electromagnetic interference.
| 17 | | (7) It must be capable of detecting and displaying the | 18 | | following
conditions
during idle states or on demand: power | 19 | | reset; door open; and door just closed.
| 20 | | (8) It must have the capacity to display complete play | 21 | | history
(outcome, intermediate play steps, credits | 22 | | available, bets placed, credits
paid, and credits cashed | 23 | | out) for the most recent game played and 10 games
prior
| 24 | | thereto.
| 25 | | (9) The theoretical payback percentage of a video | 26 | | gaming terminal must
not be
capable of being changed |
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| 1 | | without making a hardware or software change in
the video | 2 | | gaming terminal, either on site or via the central | 3 | | communications system.
| 4 | | (10) Video gaming terminals must be designed so that | 5 | | replacement of
parts or modules required for normal | 6 | | maintenance does not necessitate
replacement of the | 7 | | electromechanical meters.
| 8 | | (11) It must have nonresettable meters housed in a | 9 | | locked area of the
terminal that
keep a permanent record of | 10 | | all cash inserted into the machine, all winnings
made by | 11 | | the terminal printer, credits played in for video gaming | 12 | | terminals, and
credits won by video gaming players. The | 13 | | video gaming terminal must provide
the means for on-demand | 14 | | display of stored information as determined by the
Board.
| 15 | | (12) Electronically stored meter information required | 16 | | by this Section
must be preserved for a minimum of 180 days | 17 | | after a power loss to the service.
| 18 | | (13) It must have one or more mechanisms that accept | 19 | | cash in the
form of
bills. The mechanisms shall be designed | 20 | | to prevent obtaining credits without
paying by stringing, | 21 | | slamming, drilling, or other means. If such attempts at | 22 | | physical tampering are made, the video gaming terminal | 23 | | shall suspend itself from operating until reset.
| 24 | | (14) It shall have accounting software that keeps an | 25 | | electronic record
which includes, but is not limited to, | 26 | | the following: total cash inserted
into the video gaming |
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| 1 | | terminal; the value of winning tickets claimed by
players; | 2 | | the
total credits played; the total
credits awarded
by a | 3 | | video gaming terminal; and pay back percentage credited to | 4 | | players of each video game.
| 5 | | (15) It shall be linked by a central communications | 6 | | system
to provide
auditing program information as approved | 7 | | by the Board. The central communications system shall use a | 8 | | standard industry protocol, as defined by the Gaming | 9 | | Standards Association, and shall have the functionality to | 10 | | enable the Board or its designee to activate or deactivate | 11 | | individual gaming devices from the central communications | 12 | | system. In no event may the
communications system approved | 13 | | by the Board limit participation to only one
manufacturer | 14 | | of video gaming terminals by either the cost in | 15 | | implementing
the necessary program modifications to | 16 | | communicate or the inability to
communicate with the | 17 | | central communications system.
| 18 | | (16) The Board, in its discretion, may require video | 19 | | gaming terminals to display Amber Alert messages if the | 20 | | Board makes a finding that it would be economically and | 21 | | technically feasible and pose no risk to the integrity and | 22 | | security of the central communications system and video | 23 | | gaming terminals.
| 24 | | The Board may adopt rules to establish additional criteria | 25 | | to preserve the integrity and security of video gaming in this | 26 | | State. The central communications system vendor may not hold |
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| 1 | | any license issued by the Board under this Act. | 2 | | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; | 3 | | 96-1410, eff. 7-30-10.) |
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