Full Text of SB2234 98th General Assembly
SB2234enr 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 Video Gaming
Act is amended by changing | 7 | | Section 5 as follows:
| 8 | | (230 ILCS 40/5)
| 9 | | Sec. 5. Definitions. As used in this Act:
| 10 | | "Board" means the Illinois Gaming Board.
| 11 | | "Credit" means one, 5, 10, or 25 cents either won or | 12 | | purchased by a player.
| 13 | | "Distributor" means an individual, partnership, | 14 | | corporation, or limited liability company licensed under
this | 15 | | Act to buy, sell, lease, or distribute video gaming terminals | 16 | | or major
components or parts of video gaming terminals to or | 17 | | from terminal
operators.
| 18 | | "Electronic voucher" means a voucher printed by an | 19 | | electronic video game machine that is redeemable in the | 20 | | licensed establishment for which it was issued. | 21 | | "Terminal operator" means an individual, partnership, | 22 | | corporation, or limited liability company that is
licensed | 23 | | under this Act and that owns, services, and maintains video
| 24 | | gaming terminals for placement in licensed establishments, |
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| 1 | | licensed truck stop establishments, licensed fraternal
| 2 | | establishments, or licensed veterans establishments.
| 3 | | "Licensed technician" means an individual
who
is licensed | 4 | | under this Act to repair,
service, and maintain
video gaming | 5 | | terminals.
| 6 | | "Licensed terminal handler" means a person, including but | 7 | | not limited to an employee or independent contractor working | 8 | | for a manufacturer, distributor, supplier, technician, or | 9 | | terminal operator, who is licensed under this Act to possess or | 10 | | control a video gaming terminal or to have access to the inner | 11 | | workings of a video gaming terminal. A licensed terminal | 12 | | handler does not include an individual, partnership, | 13 | | corporation, or limited liability company defined as a | 14 | | manufacturer, distributor, supplier, technician, or terminal | 15 | | operator under this Act. | 16 | | "Manufacturer" means an individual, partnership, | 17 | | corporation, or limited liability company that is
licensed | 18 | | under this Act and that manufactures or assembles video gaming
| 19 | | terminals.
| 20 | | "Supplier" means an individual, partnership, corporation, | 21 | | or limited liability company that is
licensed under this Act to | 22 | | supply major components or parts to video gaming
terminals to | 23 | | licensed
terminal operators.
| 24 | | "Net terminal income" means money put into a video gaming | 25 | | terminal minus
credits paid out to players.
| 26 | | "Video gaming terminal" means any electronic video game |
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| 1 | | machine
that, upon insertion of cash, electronic voucher, or | 2 | | any combination thereof, is available to play or simulate the | 3 | | play of
a video game, including but not limited to video poker, | 4 | | line up, and blackjack, as
authorized by the Board utilizing a | 5 | | video display and microprocessors in
which the player may | 6 | | receive free games or credits that can be
redeemed for cash. | 7 | | The term does not include a machine that directly
dispenses | 8 | | coins, cash, or tokens or is for amusement purposes only.
| 9 | | "Licensed establishment" means any licensed retail | 10 | | establishment where
alcoholic liquor is drawn, poured, mixed, | 11 | | or otherwise served for consumption
on the premises and | 12 | | includes any such establishment that has a contractual | 13 | | relationship with an inter-track wagering location licensee | 14 | | licensed under the Illinois Horse Racing Act of 1975, provided | 15 | | any contractual relationship shall not include any transfer or | 16 | | offer of revenue from the operation of video gaming under this | 17 | | Act to any licensee licensed under the Illinois Horse Racing | 18 | | Act of 1975. Provided, however, that the licensed establishment | 19 | | that has such a contractual relationship with an inter-track | 20 | | wagering location licensee may not, itself, be (i) an | 21 | | inter-track wagering location licensee, (ii) the corporate | 22 | | parent or subsidiary of any licensee licensed under the | 23 | | Illinois Horse Racing Act of 1975, or (iii) the corporate | 24 | | subsidiary of a corporation that is also the corporate parent | 25 | | or subsidiary of any licensee licensed under the Illinois Horse | 26 | | Racing Act of 1975. "Licensed establishment" does not include a |
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| 1 | | facility operated by an organization licensee, an inter-track | 2 | | wagering licensee, or an inter-track wagering location | 3 | | licensee licensed under the Illinois Horse Racing Act of 1975 | 4 | | or a riverboat licensed under the Riverboat Gambling Act, | 5 | | except as provided in this paragraph.
| 6 | | "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.
| 10 | | "Licensed veterans establishment" means the location where | 11 | | a qualified
veterans organization that derives its charter from | 12 | | a national veterans
organization regularly meets.
| 13 | | "Licensed truck stop establishment" means a facility (i) | 14 | | that is at least a
3-acre facility with a convenience store, | 15 | | (ii) with separate diesel
islands for fueling commercial motor | 16 | | vehicles, (iii) that sells at retail more than 10,000 gallons | 17 | | of diesel or biodiesel fuel per month, and (iv) with parking | 18 | | spaces for commercial
motor vehicles. "Commercial motor | 19 | | vehicles" has the same meaning as defined in Section 18b-101 of | 20 | | the Illinois Vehicle Code. The requirement of item (iii) of | 21 | | this paragraph may be met by showing that estimated future | 22 | | sales or past sales average at least 10,000 gallons per month.
| 23 | | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; | 24 | | 96-1410, eff. 7-30-10; 96-1479, eff. 8-23-10; 97-333, eff. | 25 | | 8-12-11.)
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| 1 | | Section 10. The Video Gaming
Act is amended by changing | 2 | | Section 15 as follows: | 3 | | (230 ILCS 40/15)
| 4 | | Sec. 15. Minimum requirements for
licensing and | 5 | | registration. Every video gaming terminal offered for
play | 6 | | shall first be
tested and approved pursuant to the rules of the | 7 | | Board, and
each video gaming terminal offered in this State for | 8 | | play shall conform to an
approved
model. For the examination of | 9 | | video gaming machines and associated equipment as required by | 10 | | this Section, the The Board may utilize the services of one or | 11 | | more an independent outside testing laboratories that have been | 12 | | accredited by a national accreditation body and that, in the | 13 | | judgment of the Board, are qualified to perform such | 14 | | examinations laboratory for the
examination of video gaming | 15 | | machines and associated equipment as required
by this Section . | 16 | | Every video gaming terminal offered in this State for play must | 17 | | meet minimum standards set by an independent outside testing | 18 | | laboratory approved by the Board. Each approved model shall, at | 19 | | a minimum, meet the following
criteria:
| 20 | | (1) It must conform to all requirements of federal law | 21 | | and
regulations, including FCC Class A
Emissions | 22 | | Standards.
| 23 | | (2) It must theoretically pay out a mathematically | 24 | | demonstrable percentage
during the expected lifetime of | 25 | | the machine
of all amounts played, which must not be less |
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| 1 | | than 80%. The Board shall establish a maximum payout | 2 | | percentage for approved models by rule. Video gaming
| 3 | | terminals that may be affected by skill must meet this | 4 | | standard when using a
method of play that will provide the | 5 | | greatest return to the player over a
period of continuous | 6 | | play.
| 7 | | (3) It must use a random selection process to determine | 8 | | the outcome of
each play of a game. The random selection | 9 | | process must meet 99% confidence
limits using a standard | 10 | | chi-squared test for (randomness) goodness of fit.
| 11 | | (4) It must display an accurate representation of the | 12 | | game outcome.
| 13 | | (5) It must not automatically alter pay tables or any | 14 | | function of the
video gaming terminal based on internal | 15 | | computation of hold percentage or have
any means of | 16 | | manipulation that affects the random selection process or
| 17 | | probabilities of winning a game.
| 18 | | (6) It must not be adversely affected by static | 19 | | discharge or other
electromagnetic interference.
| 20 | | (7) It must be capable of detecting and displaying the | 21 | | following
conditions
during idle states or on demand: power | 22 | | reset; door open; and door just closed.
| 23 | | (8) It must have the capacity to display complete play | 24 | | history
(outcome, intermediate play steps, credits | 25 | | available, bets placed, credits
paid, and credits cashed | 26 | | out) for the most recent game played and 10 games
prior
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| 1 | | thereto.
| 2 | | (9) The theoretical payback percentage of a video | 3 | | gaming terminal must
not be
capable of being changed | 4 | | without making a hardware or software change in
the video | 5 | | gaming terminal, either on site or via the central | 6 | | communications system.
| 7 | | (10) Video gaming terminals must be designed so that | 8 | | replacement of
parts or modules required for normal | 9 | | maintenance does not necessitate
replacement of the | 10 | | electromechanical meters.
| 11 | | (11) It must have nonresettable meters housed in a | 12 | | locked area of the
terminal that
keep a permanent record of | 13 | | all cash inserted into the machine, all winnings
made by | 14 | | the terminal printer, credits played in for video gaming | 15 | | terminals, and
credits won by video gaming players. The | 16 | | video gaming terminal must provide
the means for on-demand | 17 | | display of stored information as determined by the
Board.
| 18 | | (12) Electronically stored meter information required | 19 | | by this Section
must be preserved for a minimum of 180 days | 20 | | after a power loss to the service.
| 21 | | (13) It must have one or more mechanisms that accept | 22 | | cash in the
form of
bills. The mechanisms shall be designed | 23 | | to prevent obtaining credits without
paying by stringing, | 24 | | slamming, drilling, or other means. If such attempts at | 25 | | physical tampering are made, the video gaming terminal | 26 | | shall suspend itself from operating until reset.
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| 1 | | (14) It shall have accounting software that keeps an | 2 | | electronic record
which includes, but is not limited to, | 3 | | the following: total cash inserted
into the video gaming | 4 | | terminal; the value of winning tickets claimed by
players; | 5 | | the
total credits played; the total
credits awarded
by a | 6 | | video gaming terminal; and pay back percentage credited to | 7 | | players of each video game.
| 8 | | (15) It shall be linked by a central communications | 9 | | system
to provide
auditing program information as approved | 10 | | by the Board. The central communications system shall use a | 11 | | standard industry protocol, as defined by the Gaming | 12 | | Standards Association, and shall have the functionality to | 13 | | enable the Board or its designee to activate or deactivate | 14 | | individual gaming devices from the central communications | 15 | | system. In no event may the
communications system approved | 16 | | by the Board limit participation to only one
manufacturer | 17 | | of video gaming terminals by either the cost in | 18 | | implementing
the necessary program modifications to | 19 | | communicate or the inability to
communicate with the | 20 | | central communications system.
| 21 | | (16) The Board, in its discretion, may require video | 22 | | gaming terminals to display Amber Alert messages if the | 23 | | Board makes a finding that it would be economically and | 24 | | technically feasible and pose no risk to the integrity and | 25 | | security of the central communications system and video | 26 | | gaming terminals.
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| 1 | | The Board may adopt rules to establish additional criteria | 2 | | to preserve the integrity and security of video gaming in this | 3 | | State. The central communications system vendor may not hold | 4 | | any license issued by the Board under this Act. | 5 | | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; | 6 | | 96-1410, eff. 7-30-10.) | 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law. |
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