Full Text of SB1343 96th General Assembly
SB1343 96TH GENERAL ASSEMBLY
|
|
|
96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB1343
Introduced 2/10/2009, by Sen. Kirk W. Dillard SYNOPSIS AS INTRODUCED: |
|
230 ILCS 10/5 |
from Ch. 120, par. 2405 |
|
Amends the Riverboat Gambling Act. Increases the number of members of the Illinois Gaming Board from 5 to 7. Requires that one of the new members be either a person who
has been in a recovery or treatment program for compulsive gambling for at
least 10 years or an individual with specialized knowledge or experience in
the field of pathological gambling. |
| |
|
|
| FISCAL NOTE ACT MAY APPLY | |
|
|
A BILL FOR
|
|
|
|
|
SB1343 |
|
LRB096 07371 AMC 17457 b |
|
| 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 Riverboat Gambling Act is amended by | 5 |
| changing Section 5 as
follows:
| 6 |
| (230 ILCS 10/5) (from Ch. 120, par. 2405)
| 7 |
| Sec. 5. Gaming Board.
| 8 |
| (a) (1) There is hereby established within the Department | 9 |
| of Revenue an
Illinois Gaming Board which shall have the powers | 10 |
| and duties specified in
this Act, and all other powers | 11 |
| necessary and proper to fully and
effectively execute this Act | 12 |
| for the purpose of administering, regulating,
and enforcing the | 13 |
| system of riverboat gambling established by this Act. Its
| 14 |
| jurisdiction shall extend under this Act to every person, | 15 |
| association,
corporation, partnership and trust involved in | 16 |
| riverboat gambling
operations in the State of Illinois.
| 17 |
| (2) The Board shall consist of 7 5 members to be appointed | 18 |
| by the Governor
with the advice and consent of the Senate, one | 19 |
| of whom shall be designated
by the Governor to be chairman. | 20 |
| Each member shall have a reasonable
knowledge of the practice, | 21 |
| procedure and principles of gambling operations.
Each member | 22 |
| shall either be a resident of Illinois or shall certify that he
| 23 |
| will become a resident of Illinois before taking office. At |
|
|
|
SB1343 |
- 2 - |
LRB096 07371 AMC 17457 b |
|
| 1 |
| least one member
shall be experienced in law enforcement and | 2 |
| criminal investigation, at
least one member shall be a | 3 |
| certified public accountant experienced in
accounting and | 4 |
| auditing, and at least one member shall be a lawyer licensed
to | 5 |
| practice law in Illinois , and at least one member shall be a | 6 |
| person
verified by the National Council on Problem Gambling or | 7 |
| by its State affiliate,
the Illinois Council on Problem and | 8 |
| Compulsive Gambling, as either a person who
has been in a | 9 |
| recovery or treatment program for compulsive gambling for at
| 10 |
| least 10 years or an individual with specialized knowledge or | 11 |
| experience in
the field of pathological gambling .
| 12 |
| (3) The terms of office of the Board members shall be 3 | 13 |
| years, except
that the terms of office of the initial Board | 14 |
| members appointed pursuant to
this Act will commence from the | 15 |
| effective date of this Act and run as
follows: one for a term | 16 |
| ending July 1, 1991, 2 for a term ending July 1,
1992, and 2 for | 17 |
| a term ending July 1, 1993. The terms of office of the
initial | 18 |
| Board members appointed under this
amendatory Act of the 96th | 19 |
| General Assembly will commence from the effective
date of this | 20 |
| amendatory Act and run until July 1, 2012. Upon the expiration | 21 |
| of the
foregoing terms, the successors of such members shall | 22 |
| serve a term for 3
years and until their successors are | 23 |
| appointed and qualified for like terms.
Vacancies in the Board | 24 |
| shall be filled for the unexpired term in like
manner as | 25 |
| original appointments. Each member of the Board shall be
| 26 |
| eligible for reappointment at the discretion of the Governor |
|
|
|
SB1343 |
- 3 - |
LRB096 07371 AMC 17457 b |
|
| 1 |
| with the
advice and consent of the Senate.
| 2 |
| (4) Each member of the Board shall receive $300 for each | 3 |
| day the
Board meets and for each day the member conducts any | 4 |
| hearing pursuant to
this Act. Each member of the Board shall | 5 |
| also be reimbursed for all actual
and necessary expenses and | 6 |
| disbursements incurred in the execution of official
duties.
| 7 |
| (5) No person shall be appointed a member of the Board or | 8 |
| continue to be
a member of the Board who is, or whose spouse, | 9 |
| child or parent is, a member
of the board of directors of, or a | 10 |
| person financially interested in, any
gambling operation | 11 |
| subject to the jurisdiction of this Board, or any race
track, | 12 |
| race meeting, racing association or the operations thereof | 13 |
| subject
to the jurisdiction of the Illinois Racing Board. No | 14 |
| Board member shall
hold any other public office for which he | 15 |
| shall receive compensation other
than necessary travel or other | 16 |
| incidental expenses. No person shall be a
member of the Board | 17 |
| who is not of good moral character or who has been
convicted | 18 |
| of, or is under indictment for, a felony under the laws of
| 19 |
| Illinois or any other state, or the United States.
| 20 |
| (6) Any member of the Board may be removed by the Governor | 21 |
| for neglect
of duty, misfeasance, malfeasance, or nonfeasance | 22 |
| in office.
| 23 |
| (7) Before entering upon the discharge of the duties of his | 24 |
| office, each
member of the Board shall take an oath that he | 25 |
| will faithfully execute the
duties of his office according to | 26 |
| the laws of the State and the rules and
regulations adopted |
|
|
|
SB1343 |
- 4 - |
LRB096 07371 AMC 17457 b |
|
| 1 |
| therewith and shall give bond to the State of Illinois,
| 2 |
| approved by the Governor, in the sum of $25,000. Every such | 3 |
| bond, when
duly executed and approved, shall be recorded in the | 4 |
| office of the
Secretary of State. Whenever the Governor | 5 |
| determines that the bond of any
member of the Board has become | 6 |
| or is likely to become invalid or
insufficient, he shall | 7 |
| require such member forthwith to renew his bond,
which is to be | 8 |
| approved by the Governor. Any member of the Board who fails
to | 9 |
| take oath and give bond within 30 days from the date of his | 10 |
| appointment,
or who fails to renew his bond within 30 days | 11 |
| after it is demanded by the
Governor, shall be guilty of | 12 |
| neglect of duty and may be removed by the
Governor. The cost of | 13 |
| any bond given by any member of the Board under this
Section | 14 |
| shall be taken to be a part of the necessary expenses of the | 15 |
| Board.
| 16 |
| (8) Upon the request of the Board, the Department shall | 17 |
| employ such
personnel as may be necessary to carry out the | 18 |
| functions of the Board. No
person shall be employed to serve | 19 |
| the Board who is, or whose spouse, parent
or child is, an | 20 |
| official of, or has a financial interest in or financial
| 21 |
| relation with, any operator engaged in gambling operations | 22 |
| within this
State or any organization engaged in conducting | 23 |
| horse racing within this
State. Any employee violating these | 24 |
| prohibitions shall be subject to
termination of employment.
| 25 |
| (9) An Administrator shall perform any and all duties that | 26 |
| the Board
shall assign him. The salary of the Administrator |
|
|
|
SB1343 |
- 5 - |
LRB096 07371 AMC 17457 b |
|
| 1 |
| shall be determined by
the Board and approved by the Director | 2 |
| of the Department and, in addition,
he shall be reimbursed for | 3 |
| all actual and necessary expenses incurred by
him in discharge | 4 |
| of his official duties. The Administrator shall keep
records of | 5 |
| all proceedings of the Board and shall preserve all records,
| 6 |
| books, documents and other papers belonging to the Board or | 7 |
| entrusted to
its care. The Administrator shall devote his full | 8 |
| time to the duties of
the office and shall not hold any other | 9 |
| office or employment.
| 10 |
| (b) The Board shall have general responsibility for the | 11 |
| implementation
of this Act. Its duties include, without | 12 |
| limitation, the following:
| 13 |
| (1) To decide promptly and in reasonable order all | 14 |
| license applications.
Any party aggrieved by an action of | 15 |
| the Board denying, suspending,
revoking, restricting or | 16 |
| refusing to renew a license may request a hearing
before | 17 |
| the Board. A request for a hearing must be made to the | 18 |
| Board in
writing within 5 days after service of notice of | 19 |
| the action of the Board.
Notice of the action of the Board | 20 |
| shall be served either by personal
delivery or by certified | 21 |
| mail, postage prepaid, to the aggrieved party.
Notice | 22 |
| served by certified mail shall be deemed complete on the | 23 |
| business
day following the date of such mailing. The Board | 24 |
| shall conduct all
requested hearings promptly and in | 25 |
| reasonable order;
| 26 |
| (2) To conduct all hearings pertaining to civil |
|
|
|
SB1343 |
- 6 - |
LRB096 07371 AMC 17457 b |
|
| 1 |
| violations of this Act
or rules and regulations promulgated | 2 |
| hereunder;
| 3 |
| (3) To promulgate such rules and regulations as in its | 4 |
| judgment may be
necessary to protect or enhance the | 5 |
| credibility and integrity of gambling
operations | 6 |
| authorized by this Act and the regulatory process | 7 |
| hereunder;
| 8 |
| (4) To provide for the establishment and collection of | 9 |
| all license and
registration fees and taxes imposed by this | 10 |
| Act and the rules and
regulations issued pursuant hereto. | 11 |
| All such fees and taxes shall be
deposited into the State | 12 |
| Gaming Fund;
| 13 |
| (5) To provide for the levy and collection of penalties | 14 |
| and fines for the
violation of provisions of this Act and | 15 |
| the rules and regulations
promulgated hereunder. All such | 16 |
| fines and penalties shall be deposited
into the Education | 17 |
| Assistance Fund, created by Public Act 86-0018, of the
| 18 |
| State of Illinois;
| 19 |
| (6) To be present through its inspectors and agents any | 20 |
| time gambling
operations are conducted on any riverboat for | 21 |
| the purpose of certifying the
revenue thereof, receiving | 22 |
| complaints from the public, and conducting such
other | 23 |
| investigations into the conduct of the gambling games and | 24 |
| the
maintenance of the equipment as from time to time the | 25 |
| Board may deem
necessary and proper;
| 26 |
| (7) To review and rule upon any complaint by a licensee
|
|
|
|
SB1343 |
- 7 - |
LRB096 07371 AMC 17457 b |
|
| 1 |
| regarding any investigative procedures of the State which | 2 |
| are unnecessarily
disruptive of gambling operations. The | 3 |
| need to inspect and investigate
shall be presumed at all | 4 |
| times. The disruption of a licensee's operations
shall be | 5 |
| proved by clear and convincing evidence, and establish | 6 |
| that: (A)
the procedures had no reasonable law enforcement | 7 |
| purposes, and (B) the
procedures were so disruptive as to | 8 |
| unreasonably inhibit gambling operations;
| 9 |
| (8) To hold at least one meeting each quarter of the | 10 |
| fiscal
year. In addition, special meetings may be called by | 11 |
| the Chairman or any 2
Board members upon 72 hours written | 12 |
| notice to each member. All Board
meetings shall be subject | 13 |
| to the Open Meetings Act. Four Three members of the
Board | 14 |
| shall constitute a quorum, and 4 3 votes shall be required | 15 |
| for any
final determination by the Board. The Board shall | 16 |
| keep a complete and
accurate record of all its meetings. A | 17 |
| majority of the members of the Board
shall constitute a | 18 |
| quorum for the transaction of any business, for the
| 19 |
| performance of any duty, or for the exercise of any power | 20 |
| which this Act
requires the Board members to transact, | 21 |
| perform or exercise en banc, except
that, upon order of the | 22 |
| Board, one of the Board members or an
administrative law | 23 |
| judge designated by the Board may conduct any hearing
| 24 |
| provided for under this Act or by Board rule and may | 25 |
| recommend findings and
decisions to the Board. The Board | 26 |
| member or administrative law judge
conducting such hearing |
|
|
|
SB1343 |
- 8 - |
LRB096 07371 AMC 17457 b |
|
| 1 |
| shall have all powers and rights granted to the
Board in | 2 |
| this Act. The record made at the time of the hearing shall | 3 |
| be
reviewed by the Board, or a majority thereof, and the | 4 |
| findings and decision
of the majority of the Board shall | 5 |
| constitute the order of the Board in
such case;
| 6 |
| (9) To maintain records which are separate and distinct | 7 |
| from the records
of any other State board or commission. | 8 |
| Such records shall be available
for public inspection and | 9 |
| shall accurately reflect all Board proceedings;
| 10 |
| (10) To file a written annual report with the Governor | 11 |
| on or before
March 1 each year and such additional reports | 12 |
| as the Governor may request.
The annual report shall | 13 |
| include a statement of receipts and disbursements
by the | 14 |
| Board, actions taken by the Board, and any additional | 15 |
| information
and recommendations which the Board may deem | 16 |
| valuable or which the Governor
may request;
| 17 |
| (11) (Blank); and
| 18 |
| (12) To assume responsibility for the administration | 19 |
| and
enforcement of the Bingo License and Tax Act, the | 20 |
| Charitable Games Act, and
the Pull Tabs and Jar Games Act | 21 |
| if such responsibility is delegated to it
by the Director | 22 |
| of Revenue.
| 23 |
| (c) The Board shall have jurisdiction over and shall | 24 |
| supervise all
gambling operations governed by this Act. The | 25 |
| Board shall have all powers
necessary and proper to fully and | 26 |
| effectively execute the provisions of
this Act, including, but |
|
|
|
SB1343 |
- 9 - |
LRB096 07371 AMC 17457 b |
|
| 1 |
| not limited to, the following:
| 2 |
| (1) To investigate applicants and determine the | 3 |
| eligibility of
applicants for licenses and to select among | 4 |
| competing applicants the
applicants which best serve the | 5 |
| interests of the citizens of Illinois.
| 6 |
| (2) To have jurisdiction and supervision over all | 7 |
| riverboat gambling
operations in this State and all persons | 8 |
| on riverboats where gambling
operations are conducted.
| 9 |
| (3) To promulgate rules and regulations for the purpose | 10 |
| of administering
the provisions of this Act and to | 11 |
| prescribe rules, regulations and
conditions under which | 12 |
| all riverboat gambling in the State shall be
conducted. | 13 |
| Such rules and regulations are to provide for the | 14 |
| prevention of
practices detrimental to the public interest | 15 |
| and for the best interests of
riverboat gambling, including | 16 |
| rules and regulations regarding the
inspection of such | 17 |
| riverboats and the review of any permits or licenses
| 18 |
| necessary to operate a riverboat under any laws or | 19 |
| regulations applicable
to riverboats, and to impose | 20 |
| penalties for violations thereof.
| 21 |
| (4) To enter the office, riverboats, facilities, or | 22 |
| other
places of business of a licensee, where evidence of | 23 |
| the compliance or
noncompliance with the provisions of this | 24 |
| Act is likely to be found.
| 25 |
| (5) To investigate alleged violations of this Act or | 26 |
| the
rules of the Board and to take appropriate disciplinary
|
|
|
|
SB1343 |
- 10 - |
LRB096 07371 AMC 17457 b |
|
| 1 |
| action against a licensee or a holder of an occupational | 2 |
| license for a
violation, or institute appropriate legal | 3 |
| action for enforcement, or both.
| 4 |
| (6) To adopt standards for the licensing of all persons | 5 |
| under this Act,
as well as for electronic or mechanical | 6 |
| gambling games, and to establish
fees for such licenses.
| 7 |
| (7) To adopt appropriate standards for all riverboats
| 8 |
| and facilities.
| 9 |
| (8) To require that the records, including financial or | 10 |
| other statements
of any licensee under this Act, shall be | 11 |
| kept in such manner as prescribed
by the Board and that any | 12 |
| such licensee involved in the ownership or
management of | 13 |
| gambling operations submit to the Board an annual balance
| 14 |
| sheet and profit and loss statement, list of the | 15 |
| stockholders or other
persons having a 1% or greater | 16 |
| beneficial interest in the gambling
activities of each | 17 |
| licensee, and any other information the Board deems
| 18 |
| necessary in order to effectively administer this Act and | 19 |
| all rules,
regulations, orders and final decisions | 20 |
| promulgated under this Act.
| 21 |
| (9) To conduct hearings, issue subpoenas for the | 22 |
| attendance of
witnesses and subpoenas duces tecum for the | 23 |
| production of books, records
and other pertinent documents | 24 |
| in accordance with the Illinois
Administrative Procedure | 25 |
| Act, and to administer oaths and affirmations to
the | 26 |
| witnesses, when, in the judgment of the Board, it is |
|
|
|
SB1343 |
- 11 - |
LRB096 07371 AMC 17457 b |
|
| 1 |
| necessary to
administer or enforce this Act or the Board | 2 |
| rules.
| 3 |
| (10) To prescribe a form to be used by any licensee | 4 |
| involved in the
ownership or management of gambling | 5 |
| operations as an
application for employment for their | 6 |
| employees.
| 7 |
| (11) To revoke or suspend licenses, as the Board may | 8 |
| see fit and in
compliance with applicable laws of the State | 9 |
| regarding administrative
procedures, and to review | 10 |
| applications for the renewal of licenses. The
Board may | 11 |
| suspend an owners license, without notice or hearing upon a
| 12 |
| determination that the safety or health of patrons or | 13 |
| employees is
jeopardized by continuing a riverboat's | 14 |
| operation. The suspension may
remain in effect until the | 15 |
| Board determines that the cause for suspension
has been | 16 |
| abated. The Board may revoke the owners license upon a
| 17 |
| determination that the owner has not made satisfactory | 18 |
| progress toward
abating the hazard.
| 19 |
| (12) To eject or exclude or authorize the ejection or | 20 |
| exclusion of, any
person from riverboat gambling | 21 |
| facilities where such person is in violation
of this Act, | 22 |
| rules and regulations thereunder, or final orders of the
| 23 |
| Board, or where such person's conduct or reputation is such | 24 |
| that his
presence within the riverboat gambling facilities | 25 |
| may, in the opinion of
the Board, call into question the | 26 |
| honesty and integrity of the gambling
operations or |
|
|
|
SB1343 |
- 12 - |
LRB096 07371 AMC 17457 b |
|
| 1 |
| interfere with orderly conduct thereof; provided that the
| 2 |
| propriety of such ejection or exclusion is subject to | 3 |
| subsequent hearing
by the Board.
| 4 |
| (13) To require all licensees of gambling operations to | 5 |
| utilize a
cashless wagering system whereby all players' | 6 |
| money is converted to tokens,
electronic cards, or chips | 7 |
| which shall be used only for wagering in the
gambling | 8 |
| establishment.
| 9 |
| (14) (Blank).
| 10 |
| (15) To suspend, revoke or restrict licenses, to | 11 |
| require the
removal of a licensee or an employee of a | 12 |
| licensee for a violation of this
Act or a Board rule or for | 13 |
| engaging in a fraudulent practice, and to
impose civil | 14 |
| penalties of up to $5,000 against individuals and up to
| 15 |
| $10,000 or an amount equal to the daily gross receipts, | 16 |
| whichever is
larger, against licensees for each violation | 17 |
| of any provision of the Act,
any rules adopted by the | 18 |
| Board, any order of the Board or any other action
which, in | 19 |
| the Board's discretion, is a detriment or impediment to | 20 |
| riverboat
gambling operations.
| 21 |
| (16) To hire employees to gather information, conduct | 22 |
| investigations
and carry out any other tasks contemplated | 23 |
| under this Act.
| 24 |
| (17) To establish minimum levels of insurance to be | 25 |
| maintained by
licensees.
| 26 |
| (18) To authorize a licensee to sell or serve alcoholic |
|
|
|
SB1343 |
- 13 - |
LRB096 07371 AMC 17457 b |
|
| 1 |
| liquors, wine or
beer as defined in the Liquor Control Act | 2 |
| of 1934 on board a riverboat
and to have exclusive | 3 |
| authority to establish the hours for sale and
consumption | 4 |
| of alcoholic liquor on board a riverboat, notwithstanding | 5 |
| any
provision of the Liquor Control Act of 1934 or any | 6 |
| local ordinance, and
regardless of whether the riverboat | 7 |
| makes excursions. The
establishment of the hours for sale | 8 |
| and consumption of alcoholic liquor on
board a riverboat is | 9 |
| an exclusive power and function of the State. A home
rule | 10 |
| unit may not establish the hours for sale and consumption | 11 |
| of alcoholic
liquor on board a riverboat. This amendatory | 12 |
| Act of 1991 is a denial and
limitation of home rule powers | 13 |
| and functions under subsection (h) of
Section 6 of Article | 14 |
| VII of the Illinois Constitution.
| 15 |
| (19) After consultation with the U.S. Army Corps of | 16 |
| Engineers, to
establish binding emergency orders upon the | 17 |
| concurrence of a majority of
the members of the Board | 18 |
| regarding the navigability of water, relative to
| 19 |
| excursions,
in the event
of extreme weather conditions, | 20 |
| acts of God or other extreme circumstances.
| 21 |
| (20) To delegate the execution of any of its powers | 22 |
| under this Act for
the purpose of administering and | 23 |
| enforcing this Act and its rules and
regulations hereunder.
| 24 |
| (21) To take any other action as may be reasonable or | 25 |
| appropriate to
enforce this Act and rules and regulations | 26 |
| hereunder.
|
|
|
|
SB1343 |
- 14 - |
LRB096 07371 AMC 17457 b |
|
| 1 |
| (d) The Board may seek and shall receive the cooperation of | 2 |
| the
Department of State Police in conducting background | 3 |
| investigations of
applicants and in fulfilling its | 4 |
| responsibilities under
this Section. Costs incurred by the | 5 |
| Department of State Police as
a result of such cooperation | 6 |
| shall be paid by the Board in conformance
with the requirements | 7 |
| of Section 2605-400 of the Department of State Police Law
(20 | 8 |
| ILCS 2605/2605-400).
| 9 |
| (e) The Board must authorize to each investigator and to | 10 |
| any other
employee of the Board exercising the powers of a | 11 |
| peace officer a distinct badge
that, on its face, (i) clearly | 12 |
| states that the badge is authorized by the Board
and
(ii) | 13 |
| contains a unique identifying number. No other badge shall be | 14 |
| authorized
by the Board.
| 15 |
| (Source: P.A. 91-40, eff. 1-1-00; 91-239, eff. 1-1-00; 91-883, | 16 |
| eff.
1-1-01.)
|
|