Full Text of SB2992 103rd General Assembly
SB2992 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB2992 Introduced 1/31/2024, by Sen. Bill Cunningham SYNOPSIS AS INTRODUCED: | | 230 ILCS 5/6 | from Ch. 8, par. 37-6 | 230 ILCS 10/5 | from Ch. 120, par. 2405 |
| Amends the Illinois Horse Racing Act of 1975. Removes language providing that no employee of the Illinois Racing Board, within a period of one year immediately preceding employment, shall have been employed or received compensation or fees for services from a person or entity, or its parent or affiliate, that has engaged in business with the Board, a licensee, or a licensee under the Illinois Gambling Act. Amends the Illinois Gambling Act. Removes language providing that no employee of the Illinois Gaming Board, within a period of one year immediately preceding employment, shall have been employed or received compensation or fees for services from a person or entity, or its parent or affiliate, that has engaged in business with the Board, a licensee, or a licensee under the Illinois Horse Racing Act of 1975. |
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| | A BILL FOR |
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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 5. The Illinois Horse Racing Act of 1975 is | 5 | | amended by changing Section 6 as follows: | 6 | | (230 ILCS 5/6) (from Ch. 8, par. 37-6) | 7 | | Sec. 6. Restrictions on Board members. | 8 | | (a) No person shall be appointed a member of the Board or | 9 | | continue to be a member of the Board if the person or any | 10 | | member of their immediate family is a member of the Board of | 11 | | Directors, employee, or financially interested in any of the | 12 | | following: (i) any licensee or other person who has applied | 13 | | for racing dates to the Board, or the operations thereof | 14 | | including, but not limited to, concessions, data processing, | 15 | | track maintenance, track security, and pari-mutuel operations, | 16 | | located, scheduled or doing business within the State of | 17 | | Illinois, (ii) any race horse competing at a meeting under the | 18 | | Board's jurisdiction, or (iii) any licensee under the Illinois | 19 | | Gambling Act. | 20 | | (b) No person shall be a member of the Board who is not of | 21 | | good moral character or who has been convicted of, or is under | 22 | | indictment for, a felony under the laws of Illinois or any | 23 | | other state, or the United States. |
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| 1 | | (c) No member of the Board or employee shall engage in any | 2 | | political activity. | 3 | | For the purposes of this subsection (c): | 4 | | "Political" means any activity in support of or in | 5 | | connection with any campaign for State or local elective | 6 | | office or any political organization, but does not include | 7 | | activities (i) relating to the support or opposition of any | 8 | | executive, legislative, or administrative action (as those | 9 | | terms are defined in Section 2 of the Lobbyist Registration | 10 | | Act), (ii) relating to collective bargaining, or (iii) that | 11 | | are otherwise in furtherance of the person's official State | 12 | | duties or governmental and public service functions. | 13 | | "Political organization" means a party, committee, | 14 | | association, fund, or other organization (whether or not | 15 | | incorporated) that is required to file a statement of | 16 | | organization with the State Board of Elections or county clerk | 17 | | under Section 9-3 of the Election Code, but only with regard to | 18 | | those activities that require filing with the State Board of | 19 | | Elections or county clerk. | 20 | | (d) Board members and employees may not engage in | 21 | | communications or any activity that may cause or have the | 22 | | appearance of causing a conflict of interest. A conflict of | 23 | | interest exists if a situation influences or creates the | 24 | | appearance that it may influence judgment or performance of | 25 | | regulatory duties and responsibilities. This prohibition shall | 26 | | extend to any act identified by Board action that, in the |
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| 1 | | judgment of the Board, could represent the potential for or | 2 | | the appearance of a conflict of interest. | 3 | | (e) Board members and employees may not accept any gift, | 4 | | gratuity, service, compensation, travel, lodging, or thing of | 5 | | value, with the exception of unsolicited items of an | 6 | | incidental nature, from any person, corporation, limited | 7 | | liability company, or entity doing business with the Board. | 8 | | (f) A Board member or employee shall not use or attempt to | 9 | | use his or her official position to secure, or attempt to | 10 | | secure, any privilege, advantage, favor, or influence for | 11 | | himself or herself or others. No Board member or employee , | 12 | | within a period of one year immediately preceding nomination | 13 | | by the Governor or employment , shall have been employed or | 14 | | received compensation or fees for services from a person or | 15 | | entity, or its parent or affiliate, that has engaged in | 16 | | business with the Board, a licensee or a licensee under the | 17 | | Illinois Gambling Act. In addition, all Board members and | 18 | | employees are subject to the restrictions set forth in Section | 19 | | 5-45 of the State Officials and Employees Ethics Act. | 20 | | (Source: P.A. 101-31, eff. 6-28-19.) | 21 | | Section 10. The Illinois Gambling Act is amended by | 22 | | changing Section 5 as follows: | 23 | | (230 ILCS 10/5) (from Ch. 120, par. 2405) | 24 | | Sec. 5. Gaming Board. |
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| 1 | | (a) (1) There is hereby established the Illinois Gaming | 2 | | Board, which shall have the powers and duties specified in | 3 | | this Act, and all other powers necessary and proper to fully | 4 | | and effectively execute this Act for the purpose of | 5 | | administering, regulating, and enforcing the system of | 6 | | riverboat and casino gambling established by this Act and | 7 | | gaming pursuant to an organization gaming license issued under | 8 | | this Act. Its jurisdiction shall extend under this Act to | 9 | | every person, association, corporation, partnership and trust | 10 | | involved in riverboat and casino gambling operations and | 11 | | gaming pursuant to an organization gaming license issued under | 12 | | this Act in the State of Illinois. | 13 | | (2) The Board shall consist of 5 members to be appointed by | 14 | | the Governor with the advice and consent of the Senate, one of | 15 | | whom shall be designated by the Governor to be chairperson. | 16 | | Each member shall have a reasonable knowledge of the practice, | 17 | | procedure and principles of gambling operations. Each member | 18 | | shall either be a resident of Illinois or shall certify that he | 19 | | or she will become a resident of Illinois before taking | 20 | | office. | 21 | | On and after the effective date of this amendatory Act of | 22 | | the 101st General Assembly, new appointees to the Board must | 23 | | include the following: | 24 | | (A) One member who has received, at a minimum, a | 25 | | bachelor's degree from an accredited school and at least | 26 | | 10 years of verifiable experience in the fields of |
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| 1 | | investigation and law enforcement. | 2 | | (B) One member with experience in auditing and with | 3 | | knowledge of complex corporate structures and | 4 | | transactions. | 5 | | (C) One member who has 5 years' experience as a | 6 | | principal, senior officer, or director of a company or | 7 | | business with either material responsibility for the daily | 8 | | operations and management of the overall company or | 9 | | business or material responsibility for the policy making | 10 | | of the company or business. | 11 | | (D) One member who is an attorney licensed to practice | 12 | | law in Illinois for at least 5 years. | 13 | | Notwithstanding any provision of this subsection (a), the | 14 | | requirements of subparagraphs (A) through (D) of this | 15 | | paragraph (2) shall not apply to any person reappointed | 16 | | pursuant to paragraph (3). | 17 | | No more than 3 members of the Board may be from the same | 18 | | political party. No Board member shall, within a period of one | 19 | | year immediately preceding nomination, have been employed or | 20 | | received compensation or fees for services from a person or | 21 | | entity, or its parent or affiliate, that has engaged in | 22 | | business with the Board, a licensee, or a licensee under the | 23 | | Illinois Horse Racing Act of 1975. Board members must publicly | 24 | | disclose all prior affiliations with gaming interests, | 25 | | including any compensation, fees, bonuses, salaries, and other | 26 | | reimbursement received from a person or entity, or its parent |
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| 1 | | or affiliate, that has engaged in business with the Board, a | 2 | | licensee, or a licensee under the Illinois Horse Racing Act of | 3 | | 1975. This disclosure must be made within 30 days after | 4 | | nomination but prior to confirmation by the Senate and must be | 5 | | made available to the members of the Senate. | 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 | 11 | | for 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 | 18 | | advice 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 | 25 | | his 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 | 5 | | the 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, sports wagering systems, and other | 20 | | electronic gaming equipment, and the field inspection of such | 21 | | systems, games, and machines, for compliance with this Act, | 22 | | the Board shall utilize the services of independent outside | 23 | | testing laboratories that have been accredited in accordance | 24 | | with ISO/IEC 17025 by an accreditation body that is a | 25 | | signatory to the International Laboratory Accreditation | 26 | | Cooperation Mutual Recognition Agreement signifying they are |
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| 1 | | qualified to perform such examinations. Notwithstanding any | 2 | | law to the contrary, the Board shall consider the licensing of | 3 | | independent outside testing laboratory applicants in | 4 | | accordance with procedures established by the Board by rule. | 5 | | The Board shall not withhold its approval of an independent | 6 | | outside testing laboratory license applicant that has been | 7 | | accredited as required under this paragraph (7.5) and is | 8 | | licensed in gaming jurisdictions comparable to Illinois. Upon | 9 | | the finalization of required rules, the Board shall license | 10 | | independent testing laboratories and accept the test reports | 11 | | of any licensed testing laboratory of the system's, game's, or | 12 | | machine manufacturer's choice, notwithstanding the existence | 13 | | of contracts between the Board and any independent testing | 14 | | laboratory. | 15 | | (8) The Board shall employ such personnel as may be | 16 | | necessary to carry out its functions and shall determine the | 17 | | salaries of all personnel, except those personnel whose | 18 | | salaries are determined under the terms of a collective | 19 | | bargaining agreement. No person shall be employed to serve the | 20 | | Board who is, or whose spouse, parent or child is, an official | 21 | | of, or has a financial interest in or financial relation with, | 22 | | any operator engaged in gambling operations within this State | 23 | | or any organization engaged in conducting horse racing within | 24 | | this State. For the one year immediately preceding employment, | 25 | | an employee shall not have been employed or received | 26 | | compensation or fees for services from a person or entity, or |
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| 1 | | its parent or affiliate, that has engaged in business with the | 2 | | Board, a licensee, or a licensee under the Illinois Horse | 3 | | Racing Act of 1975. Any employee violating these prohibitions | 4 | | shall be subject to termination of employment. | 5 | | (9) An Administrator shall perform any and all duties that | 6 | | the Board shall assign him. The salary of the Administrator | 7 | | shall be determined by the Board and, in addition, he shall be | 8 | | reimbursed for all actual and necessary expenses incurred by | 9 | | him in discharge of his official duties. The Administrator | 10 | | shall keep records of all proceedings of the Board and shall | 11 | | preserve all records, books, documents and other papers | 12 | | belonging to the Board or entrusted to its care. The | 13 | | Administrator shall devote his full time to the duties of the | 14 | | office and shall not hold any other office or employment. | 15 | | (b) The Board shall have general responsibility for the | 16 | | implementation of this Act. Its duties include, without | 17 | | limitation, the following: | 18 | | (1) To decide promptly and in reasonable order all | 19 | | license applications. Any party aggrieved by an action of | 20 | | the Board denying, suspending, revoking, restricting or | 21 | | refusing to renew a license may request a hearing before | 22 | | the Board. A request for a hearing must be made to the | 23 | | Board in writing within 5 days after service of notice of | 24 | | the action of the Board. Notice of the action of the Board | 25 | | shall be served either by personal delivery or by | 26 | | certified mail, postage prepaid, to the aggrieved party. |
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| 1 | | Notice served by certified mail shall be deemed complete | 2 | | on the business day following the date of such mailing. | 3 | | The Board shall conduct any such hearings promptly and in | 4 | | reasonable order; | 5 | | (2) To conduct all hearings pertaining to civil | 6 | | violations of this Act or rules and regulations | 7 | | promulgated hereunder; | 8 | | (3) To promulgate such rules and regulations as in its | 9 | | judgment may be necessary to protect or enhance the | 10 | | credibility and integrity of gambling operations | 11 | | authorized by this Act and the regulatory process | 12 | | hereunder; | 13 | | (4) To provide for the establishment and collection of | 14 | | all license and registration fees and taxes imposed by | 15 | | this Act and the rules and regulations issued pursuant | 16 | | hereto. All such fees and taxes shall be deposited into | 17 | | the State Gaming Fund; | 18 | | (5) To provide for the levy and collection of | 19 | | penalties and fines for the violation of provisions of | 20 | | this Act and the rules and regulations promulgated | 21 | | hereunder. All such fines and penalties shall be deposited | 22 | | into the Education Assistance Fund, created by Public Act | 23 | | 86-0018, of the State of Illinois; | 24 | | (6) To be present through its inspectors and agents | 25 | | any time gambling operations are conducted on any | 26 | | riverboat, in any casino, or at any organization gaming |
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| 1 | | facility for the purpose of certifying the revenue | 2 | | thereof, receiving complaints from the public, and | 3 | | conducting such other investigations into the conduct of | 4 | | the gambling games and the maintenance of the equipment as | 5 | | from time to time the Board may deem necessary and proper; | 6 | | (7) To review and rule upon any complaint by a | 7 | | licensee regarding any investigative procedures of the | 8 | | State which are unnecessarily disruptive of gambling | 9 | | operations. The need to inspect and investigate shall be | 10 | | presumed at all times. The disruption of a licensee's | 11 | | operations shall be proved by clear and convincing | 12 | | evidence, and establish that: (A) the procedures had no | 13 | | reasonable law enforcement purposes, and (B) the | 14 | | procedures were so disruptive as to unreasonably inhibit | 15 | | gambling operations; | 16 | | (8) To hold at least one meeting each quarter of the | 17 | | fiscal year. In addition, special meetings may be called | 18 | | by the Chairman or any 2 Board members upon 72 hours | 19 | | written notice to each member. All Board meetings shall be | 20 | | subject to the Open Meetings Act. Three members of the | 21 | | Board shall constitute a quorum, and 3 votes shall be | 22 | | required for any final determination by the Board. The | 23 | | Board shall keep a complete and accurate record of all its | 24 | | meetings. A majority of the members of the Board shall | 25 | | constitute a quorum for the transaction of any business, | 26 | | for the performance of any duty, or for the exercise of any |
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| 1 | | power which this Act requires the Board members to | 2 | | transact, perform or exercise en banc, except that, upon | 3 | | order of the Board, one of the Board members or an | 4 | | administrative law judge designated by the Board may | 5 | | conduct any hearing provided for under this Act or by | 6 | | Board rule and may recommend findings and decisions to the | 7 | | Board. The Board member or administrative law judge | 8 | | conducting such hearing shall have all powers and rights | 9 | | granted to the Board in this Act. The record made at the | 10 | | time of the hearing shall be reviewed by the Board, or a | 11 | | majority thereof, and the findings and decision of the | 12 | | majority of the Board shall constitute the order of the | 13 | | Board in such case; | 14 | | (9) To maintain records which are separate and | 15 | | distinct from the records of any other State board or | 16 | | commission. Such records shall be available for public | 17 | | inspection and shall accurately reflect all Board | 18 | | proceedings; | 19 | | (10) To file a written annual report with the Governor | 20 | | on or before July 1 each year and such additional reports | 21 | | as the Governor may request. The annual report shall | 22 | | include a statement of receipts and disbursements by the | 23 | | Board, actions taken by the Board, and any additional | 24 | | information and recommendations which the Board may deem | 25 | | valuable or which the Governor may request; | 26 | | (11) (Blank); |
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| 1 | | (12) (Blank); | 2 | | (13) To assume responsibility for administration and | 3 | | enforcement of the Video Gaming Act; | 4 | | (13.1) To assume responsibility for the administration | 5 | | and enforcement of operations at organization gaming | 6 | | facilities pursuant to this Act and the Illinois Horse | 7 | | Racing Act of 1975; | 8 | | (13.2) To assume responsibility for the administration | 9 | | and enforcement of the Sports Wagering Act; and | 10 | | (14) To adopt, by rule, a code of conduct governing | 11 | | Board members and employees that ensure, to the maximum | 12 | | extent possible, that persons subject to this Code avoid | 13 | | situations, relationships, or associations that may | 14 | | represent or lead to a conflict of interest. | 15 | | Internal controls and changes submitted by licensees must | 16 | | be reviewed and either approved or denied with cause within 90 | 17 | | days after receipt of submission is deemed final by the | 18 | | Illinois Gaming Board. In the event an internal control | 19 | | submission or change does not meet the standards set by the | 20 | | Board, staff of the Board must provide technical assistance to | 21 | | the licensee to rectify such deficiencies within 90 days after | 22 | | the initial submission and the revised submission must be | 23 | | reviewed and approved or denied with cause within 90 days | 24 | | after the date the revised submission is deemed final by the | 25 | | Board. For the purposes of this paragraph, "with cause" means | 26 | | that the approval of the submission would jeopardize the |
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| 1 | | integrity of gaming. In the event the Board staff has not acted | 2 | | within the timeframe, the submission shall be deemed approved. | 3 | | (c) The Board shall have jurisdiction over and shall | 4 | | supervise all gambling operations governed by this Act. The | 5 | | Board shall have all powers necessary and proper to fully and | 6 | | effectively execute the provisions of this Act, including, but | 7 | | not limited to, the following: | 8 | | (1) To investigate applicants and determine the | 9 | | eligibility of applicants for licenses and to select among | 10 | | competing applicants the applicants which best serve the | 11 | | interests of the citizens of Illinois. | 12 | | (2) To have jurisdiction and supervision over all | 13 | | riverboat gambling operations authorized under this Act | 14 | | and all persons in places where gambling operations are | 15 | | conducted. | 16 | | (3) To promulgate rules and regulations for the | 17 | | purpose of administering the provisions of this Act and to | 18 | | prescribe rules, regulations and conditions under which | 19 | | all gambling operations subject to this Act shall be | 20 | | conducted. Such rules and regulations are to provide for | 21 | | the prevention of practices detrimental to the public | 22 | | interest and for the best interests of riverboat gambling, | 23 | | including rules and regulations regarding the inspection | 24 | | of organization gaming facilities, casinos, and | 25 | | riverboats, and the review of any permits or licenses | 26 | | necessary to operate a riverboat, casino, or organization |
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| 1 | | gaming facility under any laws or regulations applicable | 2 | | to riverboats, casinos, or organization gaming facilities | 3 | | and to impose penalties for violations thereof. | 4 | | (4) To enter the office, riverboats, casinos, | 5 | | organization gaming facilities, and other facilities, or | 6 | | other places of business of a licensee, where evidence of | 7 | | the compliance or noncompliance with the provisions of | 8 | | this Act is likely to be found. | 9 | | (5) To investigate alleged violations of this Act or | 10 | | the rules of the Board and to take appropriate | 11 | | disciplinary action against a licensee or a holder of an | 12 | | occupational license for a violation, or institute | 13 | | appropriate legal action for enforcement, or both. | 14 | | (6) To adopt standards for the licensing of all | 15 | | persons and entities under this Act, as well as for | 16 | | electronic or mechanical gambling games, and to establish | 17 | | fees for such licenses. | 18 | | (7) To adopt appropriate standards for all | 19 | | organization gaming facilities, riverboats, casinos, and | 20 | | other facilities authorized under this Act. | 21 | | (8) To require that the records, including financial | 22 | | or other statements of any licensee under this Act, shall | 23 | | be kept in such manner as prescribed by the Board and that | 24 | | any such licensee involved in the ownership or management | 25 | | of gambling operations submit to the Board an annual | 26 | | balance sheet and profit and loss statement, list of the |
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| 1 | | stockholders or other persons having a 1% or greater | 2 | | beneficial interest in the gambling activities of each | 3 | | licensee, and any other information the Board deems | 4 | | necessary in order to effectively administer this Act and | 5 | | all rules, regulations, orders and final decisions | 6 | | promulgated under this Act. | 7 | | (9) To conduct hearings, issue subpoenas for the | 8 | | attendance of witnesses and subpoenas duces tecum for the | 9 | | production of books, records and other pertinent documents | 10 | | in accordance with the Illinois Administrative Procedure | 11 | | Act, and to administer oaths and affirmations to the | 12 | | witnesses, when, in the judgment of the Board, it is | 13 | | necessary to administer or enforce this Act or the Board | 14 | | rules. | 15 | | (10) To prescribe a form to be used by any licensee | 16 | | involved in the ownership or management of gambling | 17 | | operations as an application for employment for their | 18 | | employees. | 19 | | (11) To revoke or suspend licenses, as the Board may | 20 | | see fit and in compliance with applicable laws of the | 21 | | State regarding administrative procedures, and to review | 22 | | applications for the renewal of licenses. The Board may | 23 | | suspend an owners license or an organization gaming | 24 | | license without notice or hearing upon a determination | 25 | | that the safety or health of patrons or employees is | 26 | | jeopardized by continuing a gambling operation conducted |
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| 1 | | under that license. The suspension may remain in effect | 2 | | until the Board determines that the cause for suspension | 3 | | has been abated. The Board may revoke an owners license or | 4 | | organization gaming license upon a determination that the | 5 | | licensee has not made satisfactory progress toward abating | 6 | | the hazard. | 7 | | (12) To eject or exclude or authorize the ejection or | 8 | | exclusion of, any person from gambling facilities where | 9 | | that person is in violation of this Act, rules and | 10 | | regulations thereunder, or final orders of the Board, or | 11 | | where such person's conduct or reputation is such that his | 12 | | or her presence within the gambling facilities may, in the | 13 | | opinion of the Board, call into question the honesty and | 14 | | integrity of the gambling operations or interfere with the | 15 | | orderly conduct thereof; provided that the propriety of | 16 | | such ejection or exclusion is subject to subsequent | 17 | | hearing by the Board. | 18 | | (13) To require all licensees of gambling operations | 19 | | to utilize a cashless wagering system whereby all players' | 20 | | money is converted to tokens, electronic cards, or chips | 21 | | which shall be used only for wagering in the gambling | 22 | | establishment. | 23 | | (14) (Blank). | 24 | | (15) To suspend, revoke or restrict licenses, to | 25 | | require the removal of a licensee or an employee of a | 26 | | licensee for a violation of this Act or a Board rule or for |
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| 1 | | engaging in a fraudulent practice, and to impose civil | 2 | | penalties of up to $5,000 against individuals and up to | 3 | | $10,000 or an amount equal to the daily gross receipts, | 4 | | whichever is larger, against licensees for each violation | 5 | | of any provision of the Act, any rules adopted by the | 6 | | Board, any order of the Board or any other action which, in | 7 | | the Board's discretion, is a detriment or impediment to | 8 | | gambling operations. | 9 | | (16) To hire employees to gather information, conduct | 10 | | investigations and carry out any other tasks contemplated | 11 | | under this Act. | 12 | | (17) To establish minimum levels of insurance to be | 13 | | maintained by licensees. | 14 | | (18) To authorize a licensee to sell or serve | 15 | | alcoholic liquors, wine or beer as defined in the Liquor | 16 | | Control Act of 1934 on board a riverboat or in a casino and | 17 | | to have exclusive authority to establish the hours for | 18 | | sale and consumption of alcoholic liquor on board a | 19 | | riverboat or in a casino, notwithstanding any provision of | 20 | | the Liquor Control Act of 1934 or any local ordinance, and | 21 | | regardless of whether the riverboat makes excursions. The | 22 | | establishment of the hours for sale and consumption of | 23 | | alcoholic liquor on board a riverboat or in a casino is an | 24 | | exclusive power and function of the State. A home rule | 25 | | unit may not establish the hours for sale and consumption | 26 | | of alcoholic liquor on board a riverboat or in a casino. |
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| 1 | | This subdivision (18) is a denial and limitation of home | 2 | | rule powers and functions under subsection (h) of Section | 3 | | 6 of Article VII of the Illinois Constitution. | 4 | | (19) After consultation with the U.S. Army Corps of | 5 | | Engineers, to establish binding emergency orders upon the | 6 | | concurrence of a majority of the members of the Board | 7 | | regarding the navigability of water, relative to | 8 | | excursions, in the event of extreme weather conditions, | 9 | | acts of God or other extreme circumstances. | 10 | | (20) To delegate the execution of any of its powers | 11 | | under this Act for the purpose of administering and | 12 | | enforcing this Act and the rules adopted by the Board. | 13 | | (20.5) To approve any contract entered into on its | 14 | | behalf. | 15 | | (20.6) To appoint investigators to conduct | 16 | | investigations, searches, seizures, arrests, and other | 17 | | duties imposed under this Act, as deemed necessary by the | 18 | | Board. These investigators have and may exercise all of | 19 | | the rights and powers of peace officers, provided that | 20 | | these powers shall be limited to offenses or violations | 21 | | occurring or committed in a casino, in an organization | 22 | | gaming facility, or on a riverboat or dock, as defined in | 23 | | subsections (d) and (f) of Section 4, or as otherwise | 24 | | provided by this Act or any other law. | 25 | | (20.7) To contract with the Illinois State Police for | 26 | | the use of trained and qualified State police officers and |
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| 1 | | with the Department of Revenue for the use of trained and | 2 | | qualified Department of Revenue investigators to conduct | 3 | | investigations, searches, seizures, arrests, and other | 4 | | duties imposed under this Act and to exercise all of the | 5 | | rights and powers of peace officers, provided that the | 6 | | powers of Department of Revenue investigators under this | 7 | | subdivision (20.7) shall be limited to offenses or | 8 | | violations occurring or committed in a casino, in an | 9 | | organization gaming facility, or on a riverboat or dock, | 10 | | as defined in subsections (d) and (f) of Section 4, or as | 11 | | otherwise provided by this Act or any other law. In the | 12 | | event the Illinois State Police or the Department of | 13 | | Revenue is unable to fill contracted police or | 14 | | investigative positions, the Board may appoint | 15 | | investigators to fill those positions pursuant to | 16 | | subdivision (20.6). | 17 | | (21) To adopt rules concerning the conduct of gaming | 18 | | pursuant to an organization gaming license issued under | 19 | | this Act. | 20 | | (22) To have the same jurisdiction and supervision | 21 | | over casinos and organization gaming facilities as the | 22 | | Board has over riverboats, including, but not limited to, | 23 | | the power to (i) investigate, review, and approve | 24 | | contracts as that power is applied to riverboats, (ii) | 25 | | adopt rules for administering the provisions of this Act, | 26 | | (iii) adopt standards for the licensing of all persons |
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| 1 | | involved with a casino or organization gaming facility, | 2 | | (iv) investigate alleged violations of this Act by any | 3 | | person involved with a casino or organization gaming | 4 | | facility, and (v) require that records, including | 5 | | financial or other statements of any casino or | 6 | | organization gaming facility, shall be kept in such manner | 7 | | as prescribed by the Board. | 8 | | (23) To take any other action as may be reasonable or | 9 | | appropriate to enforce this Act and the rules adopted by | 10 | | the Board. | 11 | | (d) The Board may seek and shall receive the cooperation | 12 | | of the Illinois State Police in conducting background | 13 | | investigations of applicants and in fulfilling its | 14 | | responsibilities under this Section. Costs incurred by the | 15 | | Illinois State Police as a result of such cooperation shall be | 16 | | paid by the Board in conformance with the requirements of | 17 | | Section 2605-400 of the Illinois State Police Law. | 18 | | (e) The Board must authorize to each investigator and to | 19 | | any other employee of the Board exercising the powers of a | 20 | | peace officer a distinct badge that, on its face, (i) clearly | 21 | | states that the badge is authorized by the Board and (ii) | 22 | | contains a unique identifying number. No other badge shall be | 23 | | authorized by the Board. | 24 | | (Source: P.A. 101-31, eff. 6-28-19; 102-538, eff. 8-20-21; | 25 | | 102-1129, eff. 2-10-23.) |
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