093_HB0145ham001

 










                                     LRB093 02206 LRD 16517 a

 1                     AMENDMENT TO HOUSE BILL 145

 2        AMENDMENT NO.     .  Amend House Bill  145  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  3.  The  Department of Revenue Law of the Civil
 5    Administrative  Code  of  Illinois  is  amended  by  changing
 6    Section 2505-305 as follows:

 7        (20 ILCS 2505/2505-305) (was 20 ILCS 2505/39b15.1)
 8        Sec. 2505-305.  Investigators.
 9        (a)  The   Department   has   the   power   to    appoint
10    investigators   to   conduct  all  investigations,  searches,
11    seizures,  arrests,  and  other  duties  imposed  under   the
12    provisions  of  any law administered by the Department or the
13    Illinois Gaming Board. Except as provided in subsection  (c),
14    these  investigators  have and may exercise all the powers of
15    peace officers solely for the  purpose  of  enforcing  taxing
16    measures  administered  by  the  Department  or  the Illinois
17    Gaming Board.
18        (b)  The Director must  authorize  to  each  investigator
19    employed  under this Section and to any other employee of the
20    Department  exercising  the  powers  of  a  peace  officer  a
21    distinct badge that, on its face, (i) clearly states that the
22    badge is authorized by the Department  and  (ii)  contains  a
 
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 1    unique identifying number. No other badge shall be authorized
 2    by the Department.
 3        (c)  Investigators  appointed  under this Section who are
 4    assigned to the Illinois Gaming Board have and  may  exercise
 5    all  the rights and powers of peace officers. , provided that
 6    these powers shall  be  limited  to  offenses  or  violations
 7    occurring  or committed on a riverboat or dock, as defined in
 8    subsections (d)  and  (f)  of  Section  4  of  the  Riverboat
 9    Gambling Act.
10    (Source:  P.A.  91-239,  eff.  1-1-00;  91-883,  eff. 1-1-01;
11    92-493, eff. 1-1-02.)

12        Section 5.  The Riverboat  Gambling  Act  is  amended  by
13    changing  Sections  5,  6,  8, 9, 11, 12, 13, 13.1, and 18 as
14    follows:

15        (230 ILCS 10/5) (from Ch. 120, par. 2405)
16        Sec. 5.  Gaming Board.
17        (a) (1)  There   is   hereby   established   within   the
18    Department of Revenue an Illinois Gaming  Board  which  shall
19    have  the  powers  and  duties specified in this Act, and all
20    other powers necessary and proper to  fully  and  effectively
21    execute   this   Act   for   the  purpose  of  administering,
22    regulating, and enforcing the system  of  riverboat  gambling
23    established  by this Act. Its jurisdiction shall extend under
24    this  Act  to   every   person,   association,   corporation,
25    partnership   and   trust   involved  in  riverboat  gambling
26    operations in the State of Illinois.
27        (2)  The Board shall consist of 5 members to be appointed
28    by the Governor with the advice and consent  of  the  Senate,
29    one  of  whom  shall  be  designated  by  the  Governor to be
30    chairman.  Each member shall have a reasonable  knowledge  of
31    the   practice,   procedure   and   principles   of  gambling
32    operations.  Each  member  shall  either  be  a  resident  of
 
                            -3-      LRB093 02206 LRD 16517 a
 1    Illinois or shall certify that he will become a  resident  of
 2    Illinois  before  taking office. At least one member shall be
 3    experienced in law enforcement and criminal investigation, at
 4    least one member  shall  be  a  certified  public  accountant
 5    experienced  in  accounting  and  auditing,  and at least one
 6    member  shall  be  a  lawyer  licensed  to  practice  law  in
 7    Illinois.
 8        (3)  The terms of office of the Board members shall be  3
 9    years,  except  that the terms of office of the initial Board
10    members appointed pursuant to this Act will commence from the
11    effective date of this Act and run  as  follows:  one  for  a
12    term  ending  July 1, 1991, 2 for a term ending July 1, 1992,
13    and 2 for a term ending July 1, 1993.  Upon the expiration of
14    the foregoing terms, the successors  of  such  members  shall
15    serve  a  term  for  3  years  and until their successors are
16    appointed and qualified for  like  terms.  Vacancies  in  the
17    Board  shall  be filled for the unexpired term in like manner
18    as original appointments.  Each member of the Board shall  be
19    eligible  for reappointment at the discretion of the Governor
20    with the advice and consent of the Senate.
21        (4)  Each member of the Board shall receive $300 for each
22    day the Board meets and for each day the member conducts  any
23    hearing pursuant to this Act.  Each member of the Board shall
24    also  be reimbursed for all actual and necessary expenses and
25    disbursements incurred in the execution of official duties.
26        (5)  No person shall be appointed a member of  the  Board
27    or  continue  to  be  a  member of the Board who is, or whose
28    spouse, child  or  parent  is,  a  member  of  the  board  of
29    directors  of,  or  a  person  financially interested in, any
30    gambling operation subject to the jurisdiction of this Board,
31    or any race track, race meeting, racing  association  or  the
32    operations   thereof  subject  to  the  jurisdiction  of  the
33    Illinois Racing Board.  No Board member shall hold any  other
34    public  office  for which he shall receive compensation other
 
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 1    than necessary  travel  or  other  incidental  expenses.   No
 2    person  shall  be  a  member  of the Board who is not of good
 3    moral character or who has been convicted  of,  or  is  under
 4    indictment  for,  a  felony under the laws of Illinois or any
 5    other state, or the United States.
 6        (6)  Any member of  the  Board  may  be  removed  by  the
 7    Governor  for  neglect  of duty, misfeasance, malfeasance, or
 8    nonfeasance in office.
 9        (7)  Before entering upon the discharge of the duties  of
10    his  office, each member of the Board shall take an oath that
11    he will faithfully execute the duties of his office according
12    to the laws of  the  State  and  the  rules  and  regulations
13    adopted  therewith  and  shall  give  bond  to  the  State of
14    Illinois, approved by the Governor, in the  sum  of  $25,000.
15    Every  such  bond,  when duly executed and approved, shall be
16    recorded in the office of the Secretary of  State.   Whenever
17    the  Governor  determines  that the bond of any member of the
18    Board  has  become  or  is  likely  to  become   invalid   or
19    insufficient, he shall require such member forthwith to renew
20    his  bond,  which  is  to  be  approved by the Governor.  Any
21    member of the Board who fails to  take  oath  and  give  bond
22    within 30 days from the date of his appointment, or who fails
23    to  renew his bond within 30 days after it is demanded by the
24    Governor, shall be guilty of  neglect  of  duty  and  may  be
25    removed  by  the Governor.  The cost of any bond given by any
26    member of the Board under this Section shall be taken to be a
27    part of the necessary expenses of the Board.
28        (8)  Upon the request of the Board, the Department  shall
29    employ  such  personnel  as may be necessary to carry out the
30    functions of the Board.  No person shall be employed to serve
31    the Board who is, or whose spouse, parent  or  child  is,  an
32    official  of,  or  has  a  financial interest in or financial
33    relation with, any operator engaged  in  gambling  operations
34    within  this  State or any organization engaged in conducting
 
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 1    horse racing within this State.  Any employee violating these
 2    prohibitions shall be subject to termination of employment.
 3        (9)  An Administrator shall perform any  and  all  duties
 4    that   the  Board  shall  assign  him.   The  salary  of  the
 5    Administrator shall be determined by the Board  and  approved
 6    by  the Director of the Department and, in addition, he shall
 7    be reimbursed for all actual and necessary expenses  incurred
 8    by   him   in   discharge   of   his  official  duties.   The
 9    Administrator shall keep records of all  proceedings  of  the
10    Board  and  shall  preserve all records, books, documents and
11    other papers belonging to the Board or entrusted to its care.
12    The Administrator shall devote his full time to the duties of
13    the office and shall not hold any other office or employment.
14        (b)  The Board shall have general responsibility for  the
15    implementation  of  this  Act.   Its  duties include, without
16    limitation, the following:
17             (1)  To decide promptly and in reasonable order  all
18        license applications. Any party aggrieved by an action of
19        the  Board  denying, suspending, revoking, restricting or
20        refusing to renew a license may request a hearing  before
21        the  Board.   A request for a hearing must be made to the
22        Board in writing within 5 days after service of notice of
23        the action of the Board.  Notice of  the  action  of  the
24        Board  shall  be served either by personal delivery or by
25        certified mail, postage prepaid, to the aggrieved party.
26        Notice served by certified mail shall be deemed  complete
27        on  the  business day following the date of such mailing.
28        The Board shall conduct all requested  hearings  promptly
29        and in reasonable order;
30             (2)  To  conduct  all  hearings  pertaining to civil
31        violations  of  this  Act  or   rules   and   regulations
32        promulgated hereunder;
33             (3)  To  promulgate such rules and regulations as in
34        its judgment may be necessary to protect or  enhance  the
 
                            -6-      LRB093 02206 LRD 16517 a
 1        credibility   and   integrity   of   gambling  operations
 2        authorized  by  this  Act  and  the  regulatory   process
 3        hereunder;
 4             (4)  To provide for the establishment and collection
 5        of all license and registration fees and taxes imposed by
 6        this  Act  and  the rules and regulations issued pursuant
 7        hereto.  All such fees and taxes shall be deposited  into
 8        the State Gaming Fund;
 9             (5)  To  provide  for  the  levy  and  collection of
10        penalties and fines for the violation  of  provisions  of
11        this  Act  and  the  rules  and  regulations  promulgated
12        hereunder.    All  such  fines  and  penalties  shall  be
13        deposited into the Education Assistance Fund, created  by
14        Public Act 86-0018, of the State of Illinois;
15             (6)  To be present through its inspectors and agents
16        any   time  gambling  operations  are  conducted  on  any
17        riverboat for  the  purpose  of  certifying  the  revenue
18        thereof,   receiving  complaints  from  the  public,  and
19        conducting such other investigations into the conduct  of
20        the  gambling  games and the maintenance of the equipment
21        as from time to time the Board  may  deem  necessary  and
22        proper;
23             (7)  To  review  and  rule  upon  any complaint by a
24        licensee regarding any investigative  procedures  of  the
25        State  which  are  unnecessarily  disruptive  of gambling
26        operations.  The need to inspect and investigate shall be
27        presumed at all times.  The disruption  of  a  licensee's
28        operations  shall  be  proved  by  clear  and  convincing
29        evidence,  and establish that:  (A) the procedures had no
30        reasonable  law  enforcement  purposes,   and   (B)   the
31        procedures  were so disruptive as to unreasonably inhibit
32        gambling operations;
33             (8)  To hold at least one meeting  each  quarter  of
34        the  fiscal  year.   In addition, special meetings may be
 
                            -7-      LRB093 02206 LRD 16517 a
 1        called by the Chairman or any 2  Board  members  upon  72
 2        hours  written notice to each member.  All Board meetings
 3        shall be subject to the Open Meetings Act. Three  members
 4        of the Board shall constitute a quorum, and 3 votes shall
 5        be  required  for  any  final determination by the Board.
 6        The Board shall keep a complete and  accurate  record  of
 7        all  its meetings. A majority of the members of the Board
 8        shall constitute a quorum  for  the  transaction  of  any
 9        business,  for  the  performance  of any duty, or for the
10        exercise of any power which this Act requires  the  Board
11        members  to transact, perform or exercise en banc, except
12        that, upon order of the Board, one of the  Board  members
13        or  an  administrative  law judge designated by the Board
14        may conduct any hearing provided for under this Act or by
15        Board rule and may recommend findings  and  decisions  to
16        the  Board.  The Board member or administrative law judge
17        conducting such hearing shall have all powers and  rights
18        granted  to the Board in this Act. The record made at the
19        time of the hearing shall be reviewed by the Board, or  a
20        majority  thereof,  and  the findings and decision of the
21        majority of the Board shall constitute the order  of  the
22        Board in such case;
23             (9)  To  maintain  records  which  are  separate and
24        distinct from the records of any  other  State  board  or
25        commission.   Such  records shall be available for public
26        inspection  and  shall  accurately  reflect   all   Board
27        proceedings;
28             (10)  To  file  a  written  annual  report  with the
29        Governor  on  or  before  March  1  each  year  and  such
30        additional reports  as  the  Governor  may  request.  The
31        annual  report  shall include a statement of receipts and
32        disbursements by the Board, actions taken by  the  Board,
33        and  any additional information and recommendations which
34        the Board may deem valuable or  which  the  Governor  may
 
                            -8-      LRB093 02206 LRD 16517 a
 1        request;
 2             (11)  (Blank); and
 3             (12)  To     assume     responsibility    for    the
 4        administration and enforcement of the Bingo  License  and
 5        Tax  Act, the Charitable Games Act, and the Pull Tabs and
 6        Jar Games Act if such responsibility is delegated  to  it
 7        by the Director of Revenue.
 8        (c)  The  Board  shall  have  jurisdiction over and shall
 9    supervise all gambling operations governed by this Act.   The
10    Board shall have all powers necessary and proper to fully and
11    effectively  execute  the  provisions of this Act, including,
12    but not limited to, the following:
13             (1)  To investigate  applicants  and  determine  the
14        eligibility  of  applicants  for  licenses  and to select
15        among competing  applicants  the  applicants  which  best
16        serve the interests of the citizens of Illinois.
17             (2)  To  have  jurisdiction and supervision over all
18        riverboat gambling  operations  in  this  State  and  all
19        persons  on  riverboats  where  gambling  operations  are
20        conducted.
21             (3)  To  promulgate  rules  and  regulations for the
22        purpose of administering the provisions of this  Act  and
23        to  prescribe  rules,  regulations  and  conditions under
24        which all  riverboat  gambling  in  the  State  shall  be
25        conducted.  Such rules and regulations are to provide for
26        the  prevention  of  practices  detrimental to the public
27        interest  and  for  the  best  interests   of   riverboat
28        gambling,  including  rules and regulations regarding the
29        inspection of such  riverboats  and  the  review  of  any
30        permits  or  licenses  necessary  to  operate a riverboat
31        under any laws or regulations applicable  to  riverboats,
32        and to impose penalties for violations thereof.
33             (4)  To enter the office, riverboats, facilities, or
34        other places of business of a licensee, where evidence of
 
                            -9-      LRB093 02206 LRD 16517 a
 1        the  compliance  or  noncompliance with the provisions of
 2        this Act is likely to be found.
 3             (5)  To investigate alleged violations of  this  Act
 4        or  the  rules  of  the  Board  and  to  take appropriate
 5        disciplinary action against a licensee or a holder of  an
 6        occupational   license  for  a  violation,  or  institute
 7        appropriate legal action for enforcement, or both.
 8             (6)  To adopt standards for  the  licensing  of  all
 9        persons  under  this  Act,  as  well as for electronic or
10        mechanical gambling games, and to establish fees for such
11        licenses.
12             (7)  To  adopt   appropriate   standards   for   all
13        riverboats and facilities.
14             (8)  To   require   that   the   records,  including
15        financial or other statements of any licensee under  this
16        Act,  shall  be  kept in such manner as prescribed by the
17        Board  and  that  any  such  licensee  involved  in   the
18        ownership  or management of gambling operations submit to
19        the Board an annual balance sheet  and  profit  and  loss
20        statement,  list  of  the  stockholders  or other persons
21        having  a  1%  or  greater  beneficial  interest  in  the
22        gambling activities of  each  licensee,   and  any  other
23        information   the  Board  deems  necessary  in  order  to
24        effectively  administer   this   Act   and   all   rules,
25        regulations, orders and final decisions promulgated under
26        this Act.
27             (8.1)  To  determine  which entities and persons are
28        subject  to  Board  approval  for  involvement   in   the
29        ownership or operations of riverboat gambling in Illinois
30        and  to  approve  the  participation of such entities and
31        persons,  including  approvals  related  to  parent   and
32        subsidiary entities.
33             (9)  To  conduct  hearings,  issue subpoenas for the
34        attendance of witnesses and subpoenas duces tecum for the
 
                            -10-     LRB093 02206 LRD 16517 a
 1        production  of  books,  records   and   other   pertinent
 2        documents  in accordance with the Illinois Administrative
 3        Procedure Act, and to administer oaths  and  affirmations
 4        to  the witnesses, when, in the judgment of the Board, it
 5        is necessary to administer or enforce  this  Act  or  the
 6        Board rules.
 7             (10)  To prescribe a form to be used by any licensee
 8        involved  in  the  ownership  or  management  of gambling
 9        operations as an application  for  employment  for  their
10        employees.
11             (11)  To  revoke  or  suspend licenses, as the Board
12        may see fit and in compliance with applicable laws of the
13        State regarding administrative procedures, and to  review
14        applications  for the renewal of licenses.  The Board may
15        suspend an owners license, without notice or hearing upon
16        a determination that the safety or health of  patrons  or
17        employees  is  jeopardized  by  continuing  a riverboat's
18        operation.  The suspension may remain in effect until the
19        Board determines that the cause for suspension  has  been
20        abated.   The  Board may revoke the owners license upon a
21        determination that the owner has  not  made  satisfactory
22        progress toward abating the hazard.
23             (12)  To  eject or exclude or authorize the ejection
24        or exclusion  of,  any  person  from  riverboat  gambling
25        facilities where such person is in violation of this Act,
26        rules  and regulations thereunder, or final orders of the
27        Board, or where such person's conduct  or  reputation  is
28        such  that  his  presence  within  the riverboat gambling
29        facilities may, in the opinion of the  Board,  call  into
30        question  the  honesty  and  integrity  of  the  gambling
31        operations  or  interfere  with  orderly conduct thereof;
32        provided that the propriety of such ejection or exclusion
33        is subject to subsequent hearing by the Board.
34             (13)  To   require   all   licensees   of   gambling
 
                            -11-     LRB093 02206 LRD 16517 a
 1        operations to utilize a cashless wagering system  whereby
 2        all  players'  money  is  converted to tokens, electronic
 3        cards, or chips which shall be used only for wagering  in
 4        the gambling establishment.
 5             (14)  (Blank).
 6             (15)  To  suspend,  revoke  or restrict licenses, to
 7        require  the  removal  of  a  licensee  or  an  employee,
 8        officer, director, or shareholder of a  licensee,  or  to
 9        require  the termination of a business relationship for a
10        violation of this Act or a Board rule or for engaging  in
11        a  fraudulent  practice, and to impose civil penalties of
12        up to $5,000 against individuals and up to $10,000 or  an
13        amount  equal  to  the daily gross receipts, whichever is
14        larger, against  licensees  for  each  violation  of  any
15        provision of the Act, any rules adopted by the Board, any
16        order  of  the  Board  or  any other action which, in the
17        Board's discretion,  is  a  detriment  or  impediment  to
18        riverboat gambling operations.
19             (16)  To   hire  employees  to  gather  information,
20        conduct investigations and  carry  out  any  other  tasks
21        contemplated under this Act.
22             (17)  To establish minimum levels of insurance to be
23        maintained by licensees.
24             (18)  To  authorize  a  licensee  to  sell  or serve
25        alcoholic liquors, wine or beer as defined in the  Liquor
26        Control  Act  of  1934  on  board a riverboat and to have
27        exclusive authority to establish the hours for  sale  and
28        consumption  of  alcoholic  liquor  on board a riverboat,
29        notwithstanding any provision of the Liquor  Control  Act
30        of 1934 or any local ordinance, and regardless of whether
31        the riverboat makes excursions.  The establishment of the
32        hours  for  sale  and  consumption of alcoholic liquor on
33        board a riverboat is an exclusive power and  function  of
34        the  State.  A home rule unit may not establish the hours
 
                            -12-     LRB093 02206 LRD 16517 a
 1        for sale and consumption of alcoholic liquor on  board  a
 2        riverboat.   This  amendatory Act of 1991 is a denial and
 3        limitation  of  home  rule  powers  and  functions  under
 4        subsection (h)  of  Section  6  of  Article  VII  of  the
 5        Illinois Constitution.
 6             (19)  After consultation with the U.S. Army Corps of
 7        Engineers, to establish binding emergency orders upon the
 8        concurrence  of  a  majority  of the members of the Board
 9        regarding  the  navigability  of   water,   relative   to
10        excursions,  in  the event of extreme weather conditions,
11        acts of God or other extreme circumstances.
12             (19.2) To petition the  circuit  court  of  Sangamon
13        County  for  appointment  of  a  receiver for a riverboat
14        gambling operation if either of the following  conditions
15        exist:  (i)  the Board has suspended, revoked, or refused
16        to renew the license of the owner or (ii)  the  riverboat
17        gambling  operation  is closing and the licensed owner is
18        voluntarily surrendering its owners license.  A  receiver
19        appointed  by  the court shall be an individual or entity
20        selected from among up to 3  nominees  submitted  to  the
21        court  by the Board. A copy of the petition and notice of
22        a hearing, which must be held within 5 days of the filing
23        of the petition, shall be served on  the  holder  of  the
24        owners  license as provided under the Civil Practice Law.
25        The  Board  shall  determine  the  amount  of  reasonable
26        compensation, fees,  and  expenses  to  be  assessed  and
27        retained  by  the  receiver, which shall be paid from the
28        adjusted  gross  receipts  of  the   riverboat   gambling
29        operation,  after  the  payment of wagering and admission
30        taxes, for the  services,  costs,  and  expenses  of  the
31        receiver  and  any  other  persons  whom the receiver may
32        engage to assist him or her  in  performing  his  or  her
33        duties.  The  compensation, fees, and expenses authorized
34        by the Board shall have the same priority as the  payment
 
                            -13-     LRB093 02206 LRD 16517 a
 1        and  collection  of  taxes and fees to the State required
 2        under this Act. The powers and  duties  of  the  receiver
 3        shall  be requested in the petition and determined by the
 4        court,  but  in  no  event  shall  the  duration  of  the
 5        receivership exceed one year.
 6             (19.3) To administer and  enforce  a  self-exclusion
 7        program for problem gamblers.
 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
11        hereunder.
12             (21)  To  take any other action as may be reasonable
13        or  appropriate  to  enforce  this  Act  and  rules   and
14        regulations hereunder.
15        (d)  The Board may seek and shall receive the cooperation
16    of  the  Department  of State Police in conducting background
17    investigations  of   applicants   and   in   fulfilling   its
18    responsibilities  under  this Section.  Costs incurred by the
19    Department of State Police as a result  of  such  cooperation
20    shall   be   paid  by  the  Board  in  conformance  with  the
21    requirements of Section 2605-400 of the Department  of  State
22    Police Law (20 ILCS 2605/2605-400).
23        (e)  The Board must authorize to each investigator and to
24    any  other  employee  of the Board exercising the powers of a
25    peace officer a distinct badge that, on its face, (i) clearly
26    states that the badge is authorized by  the  Board  and  (ii)
27    contains  a  unique identifying number.  No other badge shall
28    be authorized by the Board.
29    (Source:  P.A.  91-40,  eff.  1-1-00;  91-239,  eff.  1-1-00;
30    91-883, eff. 1-1-01.)

31        (230 ILCS 10/6) (from Ch. 120, par. 2406)
32        Sec. 6.  Application for Owners License.
33        (a)  A qualified person may apply to  the  Board  for  an
 
                            -14-     LRB093 02206 LRD 16517 a
 1    owners  license  to conduct a riverboat gambling operation as
 2    provided in this Act.  The application shall be made on forms
 3    provided by the Board and shall contain such  information  as
 4    the  Board  prescribes,  including  but  not  limited  to the
 5    identity of the riverboat on which such gambling operation is
 6    to be conducted and the exact location where  such  riverboat
 7    will  be  docked,  a certification that the riverboat will be
 8    registered under this Act at all times during which  gambling
 9    operations  are  conducted  on  board,  detailed  information
10    regarding  the ownership and management of the applicant, and
11    detailed  personal  information  regarding   the   applicant.
12    Information  provided  on  the application shall be used as a
13    basis for a thorough background investigation which the Board
14    shall conduct with respect to each applicant.  An  incomplete
15    application  shall  be  cause  for denial of a license by the
16    Board.
17        (b)  Applicants shall submit with their  application  all
18    documents,  resolutions,  and  letters  of  support  from the
19    governing body that represents  the  municipality  or  county
20    wherein the licensee will dock.
21        (c)  Each  applicant shall disclose the identity of every
22    person, association, trust or corporation  having  a  greater
23    than   1%  direct  or  indirect  pecuniary  interest  in  the
24    riverboat  gambling  operation  with  respect  to  which  the
25    license is sought.  If the disclosed entity is a  trust,  the
26    application  shall  disclose  the  names and addresses of the
27    beneficiaries; if a corporation, the names and  addresses  of
28    all  stockholders  and directors; if a partnership, the names
29    and addresses of all partners, both general and limited.
30        (d)  An  application  shall  be  filed   and   considered
31    pursuant  to  the rules of with the Board by January 1 of the
32    year preceding any calendar year for which an applicant seeks
33    an  owners  license;  however,  applications  for  an  owners
34    license permitting operations on January  1,  1991  shall  be
 
                            -15-     LRB093 02206 LRD 16517 a
 1    filed  by  July 1, 1990.  An application fee of $50,000 shall
 2    be paid at the time of filing to defray the costs  associated
 3    with the background investigation conducted by the Board.  If
 4    the  costs of the investigation exceed $50,000, the applicant
 5    shall pay the additional amount to the Board.  If  the  costs
 6    of  the  investigation  are  less than $50,000, the applicant
 7    shall  receive  a  refund  of  the  remaining  amount.    All
 8    information,   records,   interviews,   reports,  statements,
 9    memoranda or other data supplied to or used by the  Board  in
10    the  course  of its review or investigation of an application
11    for a license under this Act shall  be  privileged,  strictly
12    confidential  and  shall  be  used  only  for  the purpose of
13    evaluating  an   applicant.    Such   information,   records,
14    interviews,  reports,  statements,  memoranda  or  other data
15    shall not be admissible as evidence, nor discoverable in  any
16    action  of  any  kind  in  any  court or before any tribunal,
17    board,  agency  or  person,  except  for  any  action  deemed
18    necessary by the Board.
19        (e)  The Board shall charge each applicant a fee  set  by
20    the Department of State Police to defray the costs associated
21    with  the  search and classification of fingerprints obtained
22    by the Board with respect  to  the  applicant's  application.
23    These fees shall be paid into the State Police Services Fund.
24        (f)  The  licensed  owner  shall  be the person primarily
25    responsible for the boat itself.  Only one riverboat gambling
26    operation may be authorized by the Board  on  any  riverboat.
27    The  applicant must identify each riverboat it intends to use
28    and certify  that  the  riverboat:  (1)  has  the  authorized
29    capacity  required in this Act; (2) is accessible to disabled
30    persons;  and  (3)  is  fully  registered  and  licensed   in
31    accordance with any applicable laws.
32        (f-5)  The  requirements  of  this  Section  apply to the
33    issuance of any owners license under this Act  and,  pursuant
34    to  the  rules  of  the  Board,  to the transfer of ownership
 
                            -16-     LRB093 02206 LRD 16517 a
 1    interests in an owners license.
 2        (g)  A person who knowingly makes a false statement on an
 3    application is guilty of a Class A misdemeanor.
 4    (Source: P.A. 91-40, eff. 6-25-99.)

 5        (230 ILCS 10/8) (from Ch. 120, par. 2408)
 6        Sec. 8.  Suppliers licenses.
 7        (a)  The Board may issue  a  suppliers  license  to  such
 8    persons,  firms or corporations which apply therefor upon the
 9    payment of a non-refundable application fee set by the Board,
10    upon a determination by  the  Board  that  the  applicant  is
11    eligible for a suppliers license and upon payment of a $5,000
12    annual  license  fee.   The Board may provide by rule for the
13    annual suppliers license fee to be graduated on the basis  of
14    the   amount  of  business  transacted  in  Illinois  by  the
15    supplier, but in no  case  may  such  graduated  fees  exceed
16    $5,000 per year.
17        (b)  The  holder  of a suppliers license is authorized to
18    sell or lease, and to contract to  sell  or  lease,  gambling
19    equipment  and  supplies  to  any  licensee  involved  in the
20    ownership or management of gambling operations.
21        (c)  Gambling  supplies  and   equipment   may   not   be
22    distributed   unless   supplies   and  equipment  conform  to
23    standards adopted by rules of the Board.
24        (d)  A person,  firm  or  corporation  is  ineligible  to
25    receive a suppliers license if:
26             (1)  the person has been convicted of a felony under
27        the  laws  of  this State, any other state, or the United
28        States;
29             (2)  the person has been convicted of any  violation
30        of   Article   28  of  the  Criminal  Code  of  1961,  or
31        substantially similar laws of any other jurisdiction;
32             (3)  the person has submitted an application  for  a
33        license under this Act which contains false information;
 
                            -17-     LRB093 02206 LRD 16517 a
 1             (4)  the person is a member of the Board;
 2             (5)  the  firm  or  corporation  is  one  in which a
 3        person defined in (1), (2), (3) or (4),  is  an  officer,
 4        director or managerial employee;
 5             (6)  the  firm  or corporation  employs a person who
 6        participates in the management or operation of  riverboat
 7        gambling authorized under this Act;
 8             (7)  the  license of the person, firm or corporation
 9        issued under this Act, or a license  to  own  or  operate
10        gambling  facilities  in any other jurisdiction, has been
11        revoked.
12        (e)  Any person that supplies any equipment, devices,  or
13    supplies  to  a  licensed  riverboat  gambling operation must
14    first obtain a suppliers license.  A supplier  shall  furnish
15    to  the  Board  a list of all equipment, devices and supplies
16    offered for sale or lease in connection with  gambling  games
17    authorized  under  this  Act. A supplier shall keep books and
18    records for the furnishing of equipment, devices and supplies
19    to gambling operations separate and distinct from  any  other
20    business  that  the supplier might operate.  A supplier shall
21    file a quarterly return with the Board listing all sales  and
22    leases.  A  supplier  shall permanently affix its name to all
23    its equipment, devices, and supplies for gambling operations.
24    Any supplier's equipment, devices or supplies which are  used
25    by  any person in an unauthorized gambling operation shall be
26    forfeited to the State.  A licensed owner  may  own  its  own
27    equipment,  devices  and  supplies.  Each holder of an owners
28    license under the Act shall file an annual report listing its
29    inventories of gambling equipment, devices and supplies.
30        (f)  Any person who knowingly makes a false statement  on
31    an application is guilty of a Class A misdemeanor.
32        (g)  Any   gambling   equipment,   devices  and  supplies
33    provided by any licensed supplier may either be  repaired  on
34    the  riverboat  or  removed from the riverboat to an on-shore
 
                            -18-     LRB093 02206 LRD 16517 a
 1    facility owned by the holder of an owners license for repair.
 2    (Source: P.A. 86-1029; 87-826.)

 3        (230 ILCS 10/9) (from Ch. 120, par. 2409)
 4        Sec. 9.  Occupational licenses.
 5        (a)  The Board may issue an occupational  license  to  an
 6    applicant upon the payment of a non-refundable fee set by the
 7    Board,  upon  a determination by the Board that the applicant
 8    is eligible for an occupational license and upon  payment  of
 9    an  annual license fee in an amount to be established.  To be
10    eligible for an occupational license, an applicant must:
11             (1)  be at least 21 years of age  if  the  applicant
12        will  perform any function involved in gaming by patrons.
13        Any applicant  seeking  an  occupational  license  for  a
14        non-gaming function shall be at least 18 years of age;
15             (2)  not  have been convicted of a felony offense or
16        , a violation of Article 28 of the Criminal Code of 1961,
17        or a similar statute of  any  other  jurisdiction,  or  a
18        crime involving dishonesty or moral turpitude;
19             (2.1)  not  have been convicted of a crime involving
20        dishonesty or moral turpitude of such a type  as  to,  in
21        the  sole  discretion  of  the  Board,  negatively impact
22        public  confidence  and  trust  in  the  credibility  and
23        integrity  of  riverboat  gaming   operations   and   the
24        regulatory process;
25             (3)  have demonstrated a level of skill or knowledge
26        which  the  Board  determines to be necessary in order to
27        operate gambling aboard a riverboat; and
28             (4)  have  met  standards  for  the  holding  of  an
29        occupational license as adopted by rules  of  the  Board.
30        Such  rules  shall  provide  that  any  person  or entity
31        seeking  an  occupational  license  to  manage   gambling
32        operations  hereunder  shall  be  subject  to  background
33        inquiries  and  further  requirements  similar  to  those
 
                            -19-     LRB093 02206 LRD 16517 a
 1        required   of   applicants   for   an   owners   license.
 2        Furthermore,  such  rules  shall  provide  that each such
 3        entity shall be permitted to manage  gambling  operations
 4        for only one licensed owner.
 5        (b)  Each  application  for an occupational license shall
 6    be on forms prescribed by the Board  and  shall  contain  all
 7    information  required  by the Board.  The applicant shall set
 8    forth in the application:  whether he has been  issued  prior
 9    gambling  related  licenses;  whether he has been licensed in
10    any other state under any other name, and, if so,  such  name
11    and his age; and whether or not a permit or license issued to
12    him  in  any  other  state  has been suspended, restricted or
13    revoked, and, if so, for what period of time.
14        (c)  Each applicant shall submit with his application, on
15    forms provided by the Board, 2 sets of his fingerprints.  The
16    Board shall charge each applicant a fee set by the Department
17    of  State  Police  to  defray  the  costs associated with the
18    search and classification of  fingerprints  obtained  by  the
19    Board  with  respect  to  the applicant's application.  These
20    fees shall be paid into the State Police Services Fund.
21        (d)  The  Board  may  in   its   discretion   refuse   an
22    occupational license to any person: (1) who is unqualified to
23    perform  the duties required of such applicant; (2) who fails
24    to disclose or states falsely any information called  for  in
25    the application; (3) who has been found guilty of a violation
26    of  this  Act  or  whose  prior  gambling  related license or
27    application therefor has been suspended, restricted,  revoked
28    or  denied  for just cause in any other state; or (4) for any
29    other just cause.
30        (e)  The  Board  may  suspend,  revoke  or  restrict  any
31    occupational licensee: (1) for violation of any provision  of
32    this  Act;  (2)  for  violation  of  any  of  the  rules  and
33    regulations  of  the Board; (3) for any cause which, if known
34    to the Board, would  have  disqualified  the  applicant  from
 
                            -20-     LRB093 02206 LRD 16517 a
 1    receiving  such license; or (4) for default in the payment of
 2    any obligation or debt due to the State of Illinois;  or  (5)
 3    for any other just cause.
 4        (f)  A person who knowingly makes a false statement on an
 5    application is guilty of a Class A misdemeanor.
 6        (g)  Any license issued pursuant to this Section shall be
 7    valid for a period of one year from the date of issuance.
 8        (h)  Nothing in this Act shall be interpreted to prohibit
 9    a  licensed  owner  from  entering  into  an agreement with a
10    public community college  or  a  school  approved  under  the
11    Private  Business and Vocational Schools Act for the training
12    of any occupational licensee.  Any training offered by such a
13    school shall  be  in  accordance  with  a  written  agreement
14    between the licensed owner and the school.
15        (i)  Any training provided for occupational licensees may
16    be  conducted  either  on  the  riverboat or at a school with
17    which a licensed owner has entered into an agreement pursuant
18    to subsection (h).
19    (Source: P.A. 86-1029; 87-826.)

20        (230 ILCS 10/11) (from Ch. 120, par. 2411)
21        Sec. 11.  Conduct of gambling. Gambling may be  conducted
22    by   licensed   owners  aboard  riverboats,  subject  to  the
23    following standards:
24             (1)  A  licensee  may  conduct  riverboat   gambling
25        authorized  under  this  Act  regardless  of  whether  it
26        conducts  excursion  cruises.   A licensee may permit the
27        continuous ingress  and  egress  of  passengers  for  the
28        purpose of gambling.
29             (2)  (Blank).
30             (3)  Minimum  and  maximum  wagers on games shall be
31        set by the licensee.
32             (4)  Agents of the Board and the Department of State
33        Police may board and inspect any riverboat  at  any  time
 
                            -21-     LRB093 02206 LRD 16517 a
 1        for  the purpose of determining whether this Act is being
 2        complied with.  Every riverboat, if under way  and  being
 3        hailed  by  a  law  enforcement  officer  or agent of the
 4        Board, must stop immediately and lay to.
 5             (5)  Employees of the Board shall have the right  to
 6        be  present  on  the  riverboat or on adjacent facilities
 7        under the control of the licensee.
 8             (6)  Gambling  equipment  and  supplies  customarily
 9        used in conducting riverboat gambling must  be  purchased
10        or  leased  only from suppliers licensed for such purpose
11        under this Act, except that the  Board  may  approve  the
12        sale  or  lease  of  gambling equipment and supplies by a
13        licensed owner.  A  licensed  owner  may  bring  gambling
14        equipment  and supplies that it has legally acquired into
15        this State for use in Illinois, subject  to  approval  of
16        the Board.
17             (7)  Persons licensed under this Act shall permit no
18        form of wagering on gambling games except as permitted by
19        this Act.
20             (8)  Wagers  may  be  received  only  from  a person
21        present on a licensed riverboat.  No person present on  a
22        licensed  riverboat  shall  place  or  attempt to place a
23        wager on behalf of another person who is not  present  on
24        the riverboat.
25             (9)  Wagering  shall  not be conducted with money or
26        other negotiable currency.
27             (10)  A person under age 21 shall not  be  permitted
28        in any area of a riverboat in which gambling is conducted
29        on  an  area  of  a  riverboat  where  gambling  is being
30        conducted, except for a person at least 18 years  of  age
31        who  is  an employee of the riverboat gambling operation.
32        No employee under  age  21  shall  perform  any  function
33        involved  in gambling by the patrons. No person under age
34        21 shall be permitted to make a wager under this Act, and
 
                            -22-     LRB093 02206 LRD 16517 a
 1        any winnings that are the result of such an illegal wager
 2        by a person under age 21, whether  or  not  paid  by  the
 3        riverboat  gaming  operation,  shall  be  (i)  treated as
 4        winnings for wagering tax purposes, (ii) confiscated, and
 5        (iii)  forfeited  to  the  State  and  deposited  in  the
 6        Education Assistance Fund.
 7             (10.1)  A person placed on the  Self-Exclusion  List
 8        shall  not  knowingly  be  permitted  in  any  area  of a
 9        riverboat in which gambling is conducted nor knowingly be
10        permitted to make a wager.  Any chips, tokens,  or  other
11        wagering  instruments discovered in his or her possession
12        and all winnings, whether or not paid  by  the  riverboat
13        gambling operation to the person, shall be donated to the
14        Department  of  Human  Services-approved problem gambling
15        charitable organization that was designated by the person
16        at the time of his or her application  for  participation
17        in  the  Self-Exclusion  Program  under subsection (c) of
18        Section 13.1.
19             (11)  Gambling excursion cruises shall be  conducted
20        pursuant  to  Section  11.3  are  permitted only when the
21        waterway  for  which  the  riverboat   is   licensed   is
22        navigable,  as  determined  by  the Board in consultation
23        with the U.S. Army Corps  of  Engineers.  This  paragraph
24        (11)  does not limit the ability of a licensee to conduct
25        gambling  authorized  under  this   Act   when   gambling
26        excursion cruises are not permitted.
27             (12)  All  tokens, chips or electronic cards used to
28        make wagers must  be  purchased  from  a  licensed  owner
29        either aboard a riverboat or at an onshore facility which
30        has been approved by the Board and which is located where
31        the  riverboat  docks.  The  tokens,  chips or electronic
32        cards may be purchased by means  of  an  agreement  under
33        which  the  owner  extends  credit  to  the patron.  Such
34        tokens, chips or  electronic  cards  may  be  used  while
 
                            -23-     LRB093 02206 LRD 16517 a
 1        aboard  the  riverboat  only  for  the  purpose of making
 2        wagers on gambling games.
 3             (13)  Notwithstanding any other Section of this Act,
 4        in addition to the other licenses authorized  under  this
 5        Act,  the Board may issue special event licenses allowing
 6        persons  who  are  not  otherwise  licensed  to   conduct
 7        riverboat   gambling   to  conduct  such  gambling  on  a
 8        specified date or series of  dates.   Riverboat  gambling
 9        under  such  a  license may take place on a riverboat not
10        normally used for riverboat gambling.   The  Board  shall
11        establish  standards, fees and fines for, and limitations
12        upon, such licenses, which may differ from the standards,
13        fees, fines and limitations  otherwise  applicable  under
14        this  Act.   All  such  fees  shall be deposited into the
15        State Gaming Fund.  All such  fines  shall  be  deposited
16        into the Education Assistance Fund, created by Public Act
17        86-0018, of the State of Illinois.
18             (13.1)  The  Board  shall establish all requirements
19        for the times and conditions under which a licensed owner
20        may conduct gaming.  The Board shall limit the length  of
21        time  for  gambling  excursions  and the conditions under
22        which gambling may be conducted while  passenger  ingress
23        and egress is in progress.
24             (13.2)  The  Board  shall ensure that each riverboat
25        licensed under this Act operates  as  is  reasonable  and
26        practicable  given  concerns  for riverboat and passenger
27        safety.  As necessary, the Board shall consult  with  the
28        U.S. Coast Guard and the U.S. Army Corps of Engineers.
29             (14)  In  addition  to  the  above, gambling must be
30        conducted in accordance with all  rules  adopted  by  the
31        Board.
32    (Source: P.A. 91-40, eff. 6-25-99.)

33        (230 ILCS 10/12) (from Ch. 120, par. 2412)
 
                            -24-     LRB093 02206 LRD 16517 a
 1        Sec. 12. Admission tax; fees.
 2        (a)  A  tax  is hereby imposed upon admissions authorized
 3    pursuant to this Act.  Until July 1, 2002, the rate is $2 per
 4    person admitted.  Beginning July 1, 2002, the rate is $3  per
 5    person  admitted.  This  admission  tax  is  imposed upon the
 6    licensed  owner  of   the   riverboat   conducting   gambling
 7    operation.
 8             (1)  The  admission  tax  shall  be  paid  for  each
 9        admission.
10             (2)  (Blank).
11             (3)  The   riverboat  licensee  may  issue  tax-free
12        passes to actual and necessary officials and employees of
13        the licensee or other persons  actually  working  on  the
14        riverboat.
15             (4)  The  number  and issuance of tax-free passes is
16        subject to the rules of the Board,  and  a  list  of  all
17        persons  to  whom the tax-free passes are issued shall be
18        filed with the Board.
19        (b)  From  the  tax  imposed  under  subsection  (a),   a
20    municipality  shall receive from the State $1 for each person
21    embarking on a riverboat docked within the municipality,  and
22    a  county  shall  receive  $1  for each person embarking on a
23    riverboat docked within the county but outside the boundaries
24    of any municipality.  The municipality's  or  county's  share
25    shall  be  collected  by the Board on behalf of the State and
26    remitted quarterly by the State, subject to appropriation, to
27    the treasurer of the unit of local government for deposit  in
28    the general fund.
29        (c)  The  licensed  owner  shall pay the entire admission
30    tax  to  the  Board.  Such  payments  shall  be  made  daily.
31    Accompanying each payment shall be a return on forms provided
32    by the Board which shall include other information  regarding
33    admissions  as  the  Board  may  require.   Failure to submit
34    either the payment or the return within  the  specified  time
 
                            -25-     LRB093 02206 LRD 16517 a
 1    may result in suspension or revocation of the owners license.
 2        (d)  The Board shall administer and collect the admission
 3    tax  imposed by this Section, to the extent practicable, in a
 4    manner consistent with the provisions of Sections 4,  5,  5a,
 5    5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9 and 10 of
 6    the  Retailers'  Occupation  Tax  Act  and Section 3-7 of the
 7    Uniform Penalty and Interest Act.
 8    (Source: P.A. 91-40, eff. 6-25-99; 92-595, eff. 6-28-02.)

 9        (230 ILCS 10/13) (from Ch. 120, par. 2413)
10        Sec. 13.  Wagering tax; rate; distribution.
11        (a)  Until January 1, 1998,  a  tax  is  imposed  on  the
12    adjusted   gross   receipts   received  from  gambling  games
13    authorized under this Act at the rate of 20%.
14        From January 1, 1998 until July 1, 2002, a privilege  tax
15    is  imposed  on persons engaged in the business of conducting
16    riverboat gambling operations, based on  the  adjusted  gross
17    receipts  received  by  a  licensed owner from gambling games
18    authorized under this Act at the following rates:
19             15% of annual adjusted  gross  receipts  up  to  and
20        including $25,000,000;
21             20%  of  annual adjusted gross receipts in excess of
22        $25,000,000 but not exceeding $50,000,000;
23             25% of annual adjusted gross receipts in  excess  of
24        $50,000,000 but not exceeding $75,000,000;
25             30%  of  annual adjusted gross receipts in excess of
26        $75,000,000 but not exceeding $100,000,000;
27             35% of annual adjusted gross receipts in  excess  of
28        $100,000,000.
29        Beginning  July  1,  2002,  a privilege tax is imposed on
30    persons engaged  in  the  business  of  conducting  riverboat
31    gambling  operations,  based  on  the adjusted gross receipts
32    received by a licensed owner from gambling  games  authorized
33    under this Act at the following rates:
 
                            -26-     LRB093 02206 LRD 16517 a
 1             15%  of  annual  adjusted  gross  receipts up to and
 2        including $25,000,000;
 3             22.5% of annual adjusted gross receipts in excess of
 4        $25,000,000 but not exceeding $50,000,000;
 5             27.5% of annual adjusted gross receipts in excess of
 6        $50,000,000 but not exceeding $75,000,000;
 7             32.5% of annual adjusted gross receipts in excess of
 8        $75,000,000 but not exceeding $100,000,000;
 9             37.5% of annual adjusted gross receipts in excess of
10        $100,000,000 but not exceeding $150,000,000;
11             45% of annual adjusted gross receipts in  excess  of
12        $150,000,000 but not exceeding $200,000,000;
13             50%  of  annual adjusted gross receipts in excess of
14        $200,000,000.
15        For the purpose of calculating the  privilege  tax  under
16    this subsection (a), the annual adjusted gross receipts of an
17    owners  licensee  for  any year shall be reduced by an amount
18    equal to the  amount  of  any  payment  made  by  the  owners
19    licensee  in  that  year  to  (i)  an Illinois not-for-profit
20    organization, pursuant  to an agreement, funded solely  by  a
21    licensed  owner  for  the  primary    benefit of educational,
22    economic development, or environmental  programs within  this
23    State  or (ii) a county government, pursuant to an  agreement
24    between a licensed owner and  a  county  government.   In  no
25    event  shall  a  reduction  in the wagering tax imposed under
26    this Section reduce the taxes owed by a licensee  under  this
27    Section to less than zero.
28        The  taxes  imposed  by this Section shall be paid by the
29    licensed owner to the Board not later than 5:00 3:00  o'clock
30    p.m. of the day after the day when the wagers were made.
31        (b)  Until  January  1,  1998,  25%  of  the  tax revenue
32    deposited in the State Gaming Fund under this  Section  shall
33    be paid, subject to appropriation by the General Assembly, to
34    the  unit of local government which is designated as the home
 
                            -27-     LRB093 02206 LRD 16517 a
 1    dock of the riverboat.  Beginning January 1, 1998,  from  the
 2    tax  revenue  deposited  in  the State Gaming Fund under this
 3    Section, an amount equal to 5%  of  adjusted  gross  receipts
 4    generated  by  a  riverboat shall be paid monthly, subject to
 5    appropriation by the General Assembly, to the unit  of  local
 6    government  that  is  designated  as  the  home  dock  of the
 7    riverboat.
 8        (c)  Appropriations, as approved by the General Assembly,
 9    may  be  made  from  the  State  Gaming  Fund  to  the  Board
10    Department of Revenue and the Department of State Police  for
11    the administration and enforcement of this Act.
12        (c-5)  After  the payments required under subsections (b)
13    and (c) have been  made,  an  amount  equal  to  15%  of  the
14    adjusted  gross  receipts  of  a riverboat (1) that relocates
15    pursuant to Section 11.2, or (2) for which an owners  license
16    is   initially  issued  after  the  effective  date  of  this
17    amendatory Act of 1999, whichever comes first, shall be  paid
18    from the State Gaming Fund into the Horse Racing Equity Fund.
19        (c-10)  Each  year the General Assembly shall appropriate
20    from the General Revenue Fund  to  the  Education  Assistance
21    Fund an amount equal to the amount paid into the Horse Racing
22    Equity  Fund  pursuant  to  subsection  (c-5)  in  the  prior
23    calendar year.
24        (c-15)  After  the  payments  required  under subsections
25    (b), (c), and (c-5) have been made, an amount equal to 2%  of
26    the adjusted gross receipts of a riverboat (1) that relocates
27    pursuant  to Section 11.2, or (2) for which an owners license
28    is  initially  issued  after  the  effective  date  of   this
29    amendatory Act of 1999, whichever comes first, shall be paid,
30    subject  to appropriation from the General Assembly, from the
31    State Gaming Fund to each home rule county with a  population
32    of  over  3,000,000  inhabitants for the purpose of enhancing
33    the county's criminal justice system.
34        (c-20)  Each year the General Assembly shall  appropriate
 
                            -28-     LRB093 02206 LRD 16517 a
 1    from  the  General  Revenue  Fund to the Education Assistance
 2    Fund an amount equal to the amount paid  to  each  home  rule
 3    county  with  a  population  of  over  3,000,000  inhabitants
 4    pursuant to subsection (c-15) in the prior calendar year.
 5        (c-25)  After  the  payments  required  under subsections
 6    (b), (c), (c-5) and (c-15) have been made, an amount equal to
 7    2% of the adjusted gross receipts of  a  riverboat  (1)  that
 8    relocates  pursuant  to  Section  11.2,  or  (2) for which an
 9    owners license is initially issued after the  effective  date
10    of  this amendatory Act of 1999, whichever comes first, shall
11    be  paid  from  the  State  Gaming  Fund   into   the   State
12    Universities Athletic Capital Improvement Fund.
13        (d)  From  time  to  time,  the  Board shall transfer the
14    remainder of  the  funds  generated  by  this  Act  into  the
15    Education  Assistance Fund, created by Public Act 86-0018, of
16    the State of Illinois.
17        (e)  Nothing in this Act shall prohibit the unit of local
18    government designated as the home dock of the riverboat  from
19    entering into agreements with other units of local government
20    in  this State or in other states to share its portion of the
21    tax revenue.
22        (f)  To  the  extent   practicable,   the   Board   shall
23    administer  and  collect  the  wagering taxes imposed by this
24    Section  in  a  manner  consistent  with  the  provisions  of
25    Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
26    6c, 8, 9, and 10 of the Retailers'  Occupation  Tax  Act  and
27    Section 3-7 of the Uniform Penalty and Interest Act.
28    (Source: P.A. 91-40, eff. 6-25-99; 92-595, eff. 6-28-02.)

29        (230 ILCS 10/13.1)
30        Sec. 13.1.  Compulsive gambling.
31        (a)  Each   licensed   owner  shall  post  signs  with  a
32    statement  regarding  obtaining  assistance   with   gambling
33    problems,  the  text  of which shall be determined by rule by
 
                            -29-     LRB093 02206 LRD 16517 a
 1    the Department of Human Services, at the following  locations
 2    in  each  facility  at  which  gambling  is  conducted by the
 3    licensed owner:
 4             (i)  Each entrance and exit.
 5             (ii)  Near each credit location.
 6        The signs shall be provided by the  Department  of  Human
 7    Services.
 8        (b)  Each   licensed   owner   shall  print  a  statement
 9    regarding obtaining assistance with  gambling  problems,  the
10    text  of  which shall be determined by rule by the Department
11    of Human Services, on all paper stock that the licensed owner
12    provides to the general public.
13        (c)  The   Board   shall    maintain    a    confidential
14    Self-Exclusion  List  of  persons  who  are  prohibited  from
15    entering  the area of a riverboat where gambling is conducted
16    or making a wager  at  any  riverboat  gambling  facility  in
17    Illinois.   A  person who applies to place his or her name on
18    the Self-Exclusion List must  designate  a  problem  gambling
19    charitable   organization  that  has  been  approved  by  the
20    Department of Human Services into which moneys shall be  paid
21    as   provided   in   item   (10.1)   of   Section   11.   The
22    confidentiality of the list shall be maintained in accordance
23    with the Mental Health and Developmental Disabilities Act.
24        (d)  Each  licensed  owner  shall  cooperate  fully  with
25    implementing and  enforcing  the  Self-Exclusion  Program.  A
26    riverboat  gambling  operation involved in the enforcement of
27    any provision of the Self-Exclusion  Program,  including  but
28    not  limited  to, the confiscation of winnings, chip, tokens,
29    and other wagering instruments or the ejection  of  a  person
30    placed  on  Self-Exclusion  List  from the riverboat gambling
31    operation, shall not be liable for  reasonable  and  ordinary
32    conduct  attendant  thereto.  Nothing in this Act shall limit
33    the liability of a riverboat gambling operation  for  willful
34    or  wanton  conduct  or  acts or failures to act that are not
 
                            -30-     LRB093 02206 LRD 16517 a
 1    specifically authorized by the Board in the administration or
 2    enforcement of the Self-Exclusion Program.
 3    (Source: P.A. 89-374, eff. 1-1-96; 89-507, eff. 7-1-97.)

 4        (230 ILCS 10/18) (from Ch. 120, par. 2418)
 5        Sec. 18.  Prohibited Activities - Penalty.
 6        (a)  A person is guilty of  a  Class  A  misdemeanor  for
 7    doing any of the following:
 8             (1)  Conducting  gambling  where wagering is used or
 9        to be used without a license issued by the Board.
10             (2)  Conducting gambling where wagering is permitted
11        other than in the manner specified by Section 11.
12        (b)  A person is guilty of  a  Class  B  misdemeanor  for
13    doing any of the following:
14             (1)  permitting  a  person  under 21 years to make a
15        wager; or
16             (2)  violating paragraph (12) of subsection  (a)  of
17        Section 11 of this Act.
18        (c)  A  person  wagering  or  accepting  a  wager  at any
19    location outside the riverboat is subject to the penalties in
20    paragraphs (1) or (2) of subsection (a) of  Section  28-1  of
21    the Criminal Code of 1961.
22        (d)  A  person commits a Class 4 felony and, in addition,
23    shall  be  barred  for  life  from   riverboats   under   the
24    jurisdiction  of  the  Board,  if  the person does any of the
25    following:
26             (1)  Offers, promises, or gives anything of value or
27        benefit to a person who is  connected  with  a  riverboat
28        owner  including,  but  not  limited  to,  an  officer or
29        employee of a licensed owner or holder of an occupational
30        license pursuant to an agreement or arrangement  or  with
31        the  intent that the promise or thing of value or benefit
32        will influence the actions of  the  person  to  whom  the
33        offer,  promise,  or  gift was made in order to affect or
 
                            -31-     LRB093 02206 LRD 16517 a
 1        attempt to affect the outcome of a gambling game,  or  to
 2        influence official action of a member of the Board.
 3             (2)  Solicits  or  knowingly  accepts  or receives a
 4        promise of anything of value or benefit while the  person
 5        is  connected with a riverboat including, but not limited
 6        to, an officer or employee of a licensed owner, or holder
 7        of an occupational license, pursuant to an  understanding
 8        or  arrangement  or  with  the intent that the promise or
 9        thing of value or benefit will influence the  actions  of
10        the  person to affect or attempt to affect the outcome of
11        a gambling game, or to influence  official  action  of  a
12        member of the Board.
13             (3)  Uses  or  possesses  with  the  intent to use a
14        device to assist:
15                  (i)  In projecting the outcome of the game.
16                  (ii)  In keeping track of the cards played.
17                  (iii)  In  analyzing  the  probability  of  the
18             occurrence of an  event  relating  to  the  gambling
19             game.
20                  (iv)  In  analyzing the strategy for playing or
21             betting to be used in the game except  as  permitted
22             by the Board.
23             (4)  Cheats at a gambling game.
24             (5)  Manufactures,  sells, or distributes any cards,
25        chips, dice, game or device which is intended to be  used
26        to violate any provision of this Act.
27             (6)  Alters   or  misrepresents  the  outcome  of  a
28        gambling game on which wagers have been  made  after  the
29        outcome  is  made  sure  but before it is revealed to the
30        players.
31             (7)  Places a bet  after  acquiring  knowledge,  not
32        available  to all players, of the outcome of the gambling
33        game which is subject of the bet or to aid  a  person  in
34        acquiring  the knowledge for the purpose of placing a bet
 
                            -32-     LRB093 02206 LRD 16517 a
 1        contingent on that outcome.
 2             (8)  Claims, collects,  or  takes,  or  attempts  to
 3        claim, collect, or take, money or anything of value in or
 4        from  the gambling games, with intent to defraud, without
 5        having made a wager  contingent  on  winning  a  gambling
 6        game, or claims, collects, or takes an amount of money or
 7        thing of value of greater value than the amount won.
 8             (9)  Uses  counterfeit chips or tokens in a gambling
 9        game.
10             (10)  Possesses any key or device designed  for  the
11        purpose  of opening, entering, or affecting the operation
12        of a  gambling  game,  drop  box,  or  an  electronic  or
13        mechanical device connected with the gambling game or for
14        removing  coins,  tokens,   chips  or other contents of a
15        gambling game.  This paragraph (10) does not apply  to  a
16        gambling  licensee  or  employee  of  a gambling licensee
17        acting in furtherance of the employee's employment.
18             (11)  Agrees to share, receive, or transfer a direct
19        or indirect financial or ownership interest in an  owners
20        license  in  violation  of  the  disclosure  and approval
21        requirements of this Act and the rules of the Board.
22        (e)  The possession of  more  than  one  of  the  devices
23    described  in  subsection  (d),  paragraphs  (3), (5) or (10)
24    permits a rebuttable presumption that the possessor  intended
25    to use the devices for cheating.
26        (f)  A person under the age of 21 years who enters upon a
27    riverboat   commits   a  petty  offense.   The  fine  to  the
28    individual for the first offense shall be not less than  $100
29    nor  more  than  $250.   The  fine for a second or subsequent
30    offense shall be not less than $200 nor more than $500.
31        (g)  A participant in the Self-Exclusion Program who,  at
32    any  time  during  his or her placement on the Self-Exclusion
33    List, enters or attempts to enter the  area  of  a  riverboat
34    where  gambling  is conducted or places wagers at a riverboat
 
                            -33-     LRB093 02206 LRD 16517 a
 1    shall be subject to arrest and prosecution for  trespass  and
 2    shall   forfeit   all   chips,  tokens,  and  other  wagering
 3    instruments in  his  or  her  possession  and  all  winnings,
 4    regardless  of  whether  they  have been paid by the gambling
 5    operation.
 6        An action to prosecute any crime occurring on a riverboat
 7    shall be tried in  the  county  of  the  dock  at  which  the
 8    riverboat is based.
 9    (Source: P.A. 91-40, eff. 6-25-99.)

10        Section  99.  Effective date.  This Act takes effect upon
11    becoming law.".