State of Illinois
90th General Assembly
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90_HB0117

      230 ILCS 10/4             from Ch. 120, par. 2404
      230 ILCS 10/11            from Ch. 120, par. 2411
      230 ILCS 10/13            from Ch. 120, par. 2413
      230 ILCS 10/12 rep.
          Amends  the  Riverboat  Gambling  Act.   Eliminates   the
      admission  tax.   Increases the wagering tax from 20% to 25%.
      Creates a cruising season that runs from April 1  to  October
      31.   Provides  that  dockside gambling may be conducted at a
      riverboat at any time if that riverboat conducts at least 100
      cruises during cruising season.
                                                     LRB9000664LDdv
                                               LRB9000664LDdv
 1        AN ACT to amend the Riverboat Gambling  Act  by  changing
 2    Sections 4, 11, and 13 and repealing Section 12.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Riverboat  Gambling  Act  is  amended  by
 6    changing Sections 4, 11, and 13 as follows:
 7        (230 ILCS 10/4) (from Ch. 120, par. 2404)
 8        Sec. 4.  Definitions. As used in this Act:
 9        (a)  "Board" means the Illinois Gaming Board.
10        (b)  "Occupational license" means a license issued by the
11    Board  to  a  person or entity to perform an occupation which
12    the Board has identified as requiring a license to engage  in
13    riverboat gambling in Illinois.
14        (c)  "Gambling  game"  includes,  but  is not limited to,
15    baccarat, twenty-one, poker, craps, slot machine, video  game
16    of  chance,  roulette wheel, klondike table, punchboard, faro
17    layout, keno layout, numbers ticket, push card,  jar  ticket,
18    or  pull  tab  which is authorized by the Board as a wagering
19    device under this Act.
20        (d)  "Riverboat" means a self-propelled excursion boat on
21    which lawful gambling is authorized and licensed as  provided
22    in this Act.
23        (e)  "Gambling  excursion"  means  the  time during which
24    gambling games may be operated on a riverboat.
25        (f)  "Dock"  means  the  location  where   an   excursion
26    riverboat  moors  for the purpose of embarking passengers for
27    and disembarking passengers from a gambling excursion.
28        (g)  "Gross receipts" means the  total  amount  of  money
29    exchanged  for  the  purchase  of chips, tokens or electronic
30    cards by riverboat patrons.
31        (h)  "Adjusted gross receipts" means the  gross  receipts
                            -2-                LRB9000664LDdv
 1    less winnings paid to wagerers.
 2        (i)  "Cheat"  means  to  alter  the selection of criteria
 3    which determine the result of a gambling game or  the  amount
 4    or frequency of payment in a gambling game.
 5        (j)  "Department" means the Department of Revenue.
 6        (k)  "Gambling operation" means the conduct of authorized
 7    gambling games upon a riverboat.
 8        (l)  "Cruising season" means the period beginning April 1
 9    and ending October 31.
10        (m)  "Off-season"  means  the period beginning November 1
11    and ending March 31.
12    (Source: P.A. 86-1029; 86-1389; 87-826.)
13        (230 ILCS 10/11) (from Ch. 120, par. 2411)
14        Sec. 11.  Conduct of gambling.
15        (a)  Gambling may be conducted by licensed owners  aboard
16    riverboats, subject to the following standards:
17             (1)  A licensee may not operate its riverboat during
18        the off-season unless it conducts at least one cruise per
19        day  of  a duration no less than 2 hours for at least 100
20        days during cruising season.    The  Board  may  grant  a
21        waiver from this paragraph (1) to a licensee in its first
22        year of operation if the riverboat did not begin cruising
23        in  time to qualify. No gambling may be conducted while a
24        riverboat is docked.
25             (1.1)  During the cruising  season  and  during  the
26        off-season,  a  licensee  may  conduct gambling while its
27        riverboat is docked and permit passengers to  embark  and
28        disembark at any time.
29             (2)  Riverboat  cruises may not exceed 4 hours for a
30        round trip, with the exception of any  extended  cruises,
31        each of which shall be expressly approved by the Board.
32             (3)  Minimum  and  maximum  wagers on games shall be
33        set by the licensee.
                            -3-                LRB9000664LDdv
 1             (4)  Agents of the Board and the Department of State
 2        Police may board and inspect any riverboat  at  any  time
 3        for  the purpose of determining whether this Act is being
 4        complied with.  Every riverboat, if under way  and  being
 5        hailed  by  a  law  enforcement  officer  or agent of the
 6        Board, must stop immediately and lay to.
 7             (5)  Employees of the Board shall have the right  to
 8        be  present  on  the  riverboat or on adjacent facilities
 9        under the control of the licensee.
10             (6)  Gambling  equipment  and  supplies  customarily
11        used in conducting riverboat gambling must  be  purchased
12        or  leased  only from suppliers licensed for such purpose
13        under this Act.
14             (7)  Persons licensed under this Act shall permit no
15        form of wagering on gambling games except as permitted by
16        this Act.
17             (8)  Wagers may  be  received  only  from  a  person
18        present  on a licensed riverboat.  No person present on a
19        licensed riverboat shall place  or  attempt  to  place  a
20        wager  on  behalf of another person who is not present on
21        the riverboat.
22             (9)  Wagering shall not be conducted with  money  or
23        other negotiable currency.
24             (10)  A  person  under age 21 shall not be permitted
25        on an  area  of  a  riverboat  where  gambling  is  being
26        conducted,  except  for a person at least 18 years of age
27        who is an employee of the riverboat  gambling  operation.
28        No  employee  under  age  21  shall  perform any function
29        involved in gambling by the patrons. No person under  age
30        21 shall be permitted to make a wager under this Act.
31             (11)  Gambling  excursion cruises are permitted only
32        when the navigable stream  for  which  the  riverboat  is
33        licensed  is  navigable,  as  determined  by the Board in
34        consultation with the U.S. Army Corps of Engineers.
                            -4-                LRB9000664LDdv
 1             (12)  All tokens, chips or electronic cards used  to
 2        make  wagers  must  be  purchased  from  a licensed owner
 3        either aboard a riverboat or at an onshore facility which
 4        has been approved by the Board and which is located where
 5        the riverboat docks.  The  tokens,  chips  or  electronic
 6        cards  may  be  purchased  by means of an agreement under
 7        which the owner  extends  credit  to  the  patron.   Such
 8        tokens,  chips  or  electronic  cards  may  be used while
 9        aboard the riverboat  only  for  the  purpose  of  making
10        wagers on gambling games.
11             (13)  Notwithstanding any other Section of this Act,
12        in  addition  to the other licenses authorized under this
13        Act, the Board may issue special event licenses  allowing
14        persons   who  are  not  otherwise  licensed  to  conduct
15        riverboat  gambling  to  conduct  such  gambling   on   a
16        specified  date  or  series of dates.  Riverboat gambling
17        under such a license may take place on  a  riverboat  not
18        normally  used  for  riverboat gambling.  The Board shall
19        establish standards, fees and fines for, and  limitations
20        upon, such licenses, which may differ from the standards,
21        fees,  fines  and  limitations otherwise applicable under
22        this Act.  All such fees  shall  be  deposited  into  the
23        State  Gaming  Fund.   All  such fines shall be deposited
24        into the Education Assistance Fund, created by Public Act
25        86-0018, of the State of Illinois.
26             (14)  In addition to the  above,  gambling  must  be
27        conducted  in  accordance  with  all rules adopted by the
28        Board.
29        (b)  Licensed  owners   may   conduct   gambling   aboard
30    riverboats  24  hours  per  day  and may conduct an unlimited
31    number of cruises each day.
32    (Source: P.A. 86-1029; 86-1389; 87-826.)
33        (230 ILCS 10/13) (from Ch. 120, par. 2413)
                            -5-                LRB9000664LDdv
 1        Sec. 13.  Wagering tax; Rate; Distribution.
 2        (a)  Until the effective date of this amendatory  Act  of
 3    1997,  a  tax  is  imposed  on  the  adjusted  gross receipts
 4    received from gambling games authorized under this Act at the
 5    rate of 20%.  The taxes imposed by this Section shall be paid
 6    by the licensed owner to the Board after the close of the day
 7    when the wagers were made.
 8        (a-5)  Beginning on the effective date of this amendatory
 9    Act of 1997, a tax is imposed on the adjusted gross  receipts
10    received from gambling games authorized under this Act at the
11    rate of 25%.  The taxes imposed by this Section shall be paid
12    by the licensed owner to the Board after the close of the day
13    when the wagers were made.
14        (b)  Twenty-five   percent   (25%)  of  the  tax  revenue
15    deposited in the State Gaming Fund under this  Section  shall
16    be paid, subject to appropriation by the General Assembly, to
17    the  unit of local government which is designated as the home
18    dock of the riverboat.
19        (c)  Appropriations, as approved by the General Assembly,
20    may be made from the State Gaming Fund to the  Department  of
21    Revenue   and   the   Department  of  State  Police  for  the
22    administration and enforcement of this Act.
23        (d)  From time to time,  the  Board  shall  transfer  the
24    remainder  of  the  funds  generated  by  this  Act  into the
25    Education Assistance Fund, created by Public Act 86-0018,  of
26    the State of Illinois.
27        (e)  Nothing in this Act shall prohibit the unit of local
28    government  designated as the home dock of the riverboat from
29    entering into agreements with other units of local government
30    in this State or in other states to share its portion of  the
31    tax revenue.
32    (Source: P.A. 88-670, eff. 12-2-94; 89-21, eff. 7-1-95.)
33        (230 ILCS 10/12 rep.)
                            -6-                LRB9000664LDdv
 1        Section  10.  The  Riverboat  Gambling  Act is amended by
 2    repealing Section 12.

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