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90_HB0213ham001
LRB9001159LDcwam
1 AMENDMENT TO HOUSE BILL 213
2 AMENDMENT NO. . Amend House Bill 213 by replacing
3 the title with the following:
4 "AN ACT to amend the Riverboat Gambling Act by changing
5 the title of the Act and Sections 4, 6, 7, 11, 12, and 13.";
6 and
7 by replacing everything after the enacting clause with the
8 following:
9 "Section 5. The Riverboat Gambling Act is amended by
10 changing the title of the Act and Sections 4, 6, 7, 11, 12,
11 and 13 as follows:
12 (230 ILCS 10/Act title)
13 An Act to authorize certain forms of gambling on
14 excursion gambling boats.
15 (Source: P.A. 86-1029.)
16 (230 ILCS 10/4) (from Ch. 120, par. 2404)
17 Sec. 4. Definitions. As used in this Act:
18 (a) "Board" means the Illinois Gaming Board.
19 (b) "Occupational license" means a license issued by the
20 Board to a person or entity to perform an occupation which
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1 the Board has identified as requiring a license to engage in
2 riverboat gambling in Illinois.
3 (c) "Gambling game" includes, but is not limited to,
4 baccarat, twenty-one, poker, craps, slot machine, video game
5 of chance, roulette wheel, klondike table, punchboard, faro
6 layout, keno layout, numbers ticket, push card, jar ticket,
7 or pull tab which is authorized by the Board as a wagering
8 device under this Act.
9 (d) "Riverboat" means a self-propelled excursion boat or
10 a permanently moored barge on which lawful gambling is
11 authorized and licensed as provided in this Act.
12 (e) (Blank). "Gambling excursion" means the time during
13 which gambling games may be operated on a riverboat.
14 (f) "Dock" means the location where a gaming facility an
15 excursion riverboat moors for the purpose of embarking
16 passengers for and disembarking passengers from a gambling
17 facility excursion.
18 (g) "Gross receipts" means the total amount of money
19 exchanged for the purchase of chips, tokens or electronic
20 cards by riverboat patrons.
21 (h) "Adjusted gross receipts" means the gross receipts
22 less winnings paid to wagerers.
23 (i) "Cheat" means to alter the selection of criteria
24 which determine the result of a gambling game or the amount
25 or frequency of payment in a gambling game.
26 (j) "Department" means the Department of Revenue.
27 (k) "Gambling operation" means the conduct of authorized
28 gambling games upon a riverboat.
29 (Source: P.A. 86-1029; 86-1389; 87-826.)
30 (230 ILCS 10/6) (from Ch. 120, par. 2406)
31 Sec. 6. Application for Owners License.
32 (a) A qualified person may apply to the Board for an
33 owners license to conduct a riverboat gambling operation as
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1 provided in this Act. The application shall be made on forms
2 provided by the Board and shall contain such information as
3 the Board prescribes, including but not limited to the
4 identity of the riverboat on which such gambling operation is
5 to be conducted and the exact location where such riverboat
6 will be docked, a certification that the riverboat will be
7 registered under this Act at all times during which gambling
8 operations are conducted on board, detailed information
9 regarding the ownership and management of the applicant, and
10 detailed personal information regarding the applicant.
11 Information provided on the application shall be used as a
12 basis for a thorough background investigation which the Board
13 shall conduct with respect to each applicant. An incomplete
14 application shall be cause for denial of a license by the
15 Board.
16 (b) Applicants shall submit with their application all
17 documents, resolutions, and letters of support from the
18 governing body that represents the municipality or county
19 wherein the licensee will dock.
20 (c) Each applicant shall disclose the identity of every
21 person, association, trust or corporation having a greater
22 than 1% direct or indirect pecuniary interest in the
23 riverboat gambling operation with respect to which the
24 license is sought. If the disclosed entity is a trust, the
25 application shall disclose the names and addresses of the
26 beneficiaries; if a corporation, the names and addresses of
27 all stockholders and directors; if a partnership, the names
28 and addresses of all partners, both general and limited.
29 (d) An application shall be filed with the Board by
30 January 1 of the year preceding any calendar year for which
31 an applicant seeks an owners license; however, applications
32 for an owners license permitting operations on January 1,
33 1991 shall be filed by July 1, 1990. An application fee of
34 $50,000 shall be paid at the time of filing to defray the
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1 costs associated with the background investigation conducted
2 by the Board. If the costs of the investigation exceed
3 $50,000, the applicant shall pay the additional amount to the
4 Board. If the costs of the investigation are less than
5 $50,000, the applicant shall receive a refund of the
6 remaining amount. All information, records, interviews,
7 reports, statements, memoranda or other data supplied to or
8 used by the Board in the course of its review or
9 investigation of an application for a license under this Act
10 shall be privileged, strictly confidential and shall be used
11 only for the purpose of evaluating an applicant. Such
12 information, records, interviews, reports, statements,
13 memoranda or other data shall not be admissible as evidence,
14 nor discoverable in any action of any kind in any court or
15 before any tribunal, board, agency or person, except for any
16 action deemed necessary by the Board.
17 (e) The Board shall charge each applicant a fee set by
18 the Department of State Police to defray the costs associated
19 with the search and classification of fingerprints obtained
20 by the Board with respect to the applicant's application.
21 These fees shall be paid into the State Police Services Fund.
22 (f) The licensed owner shall be the person primarily
23 responsible for the boat itself. Only one riverboat gambling
24 operation may be authorized by the Board on any riverboat.
25 The applicant must identify each riverboat it intends to use
26 and certify that the riverboat: (1) has the authorized
27 capacity required in this Act; (2) is accessible to disabled
28 persons; (3) is either a replica of a 19th century Illinois
29 riverboat or of a casino cruise ship design, but it need not
30 be self-propelled and may be a permanently moored barge; and
31 (4) is fully registered and licensed in accordance with any
32 applicable laws.
33 (g) A person who knowingly makes a false statement on an
34 application is guilty of a Class A misdemeanor.
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1 (Source: P.A. 86-1029; 86-1389.)
2 (230 ILCS 10/7) (from Ch. 120, par. 2407)
3 Sec. 7. Owners Licenses.
4 (a) The Board shall issue owners licenses to persons,
5 firms or corporations which apply for such licenses upon
6 payment to the Board of the non-refundable license fee set by
7 the Board, upon payment of a $25,000 license fee for the
8 first year of operation and a $5,000 license fee for each
9 succeeding year and upon a determination by the Board that
10 the applicant is eligible for an owners license pursuant to
11 this Act and the rules of the Board. A person, firm or
12 corporation is ineligible to receive an owners license if:
13 (1) the person has been convicted of a felony under
14 the laws of this State, any other state, or the United
15 States;
16 (2) the person has been convicted of any violation
17 of Article 28 of the Criminal Code of 1961, or
18 substantially similar laws of any other jurisdiction;
19 (3) the person has submitted an application for a
20 license under this Act which contains false information;
21 (4) the person is a member of the Board;
22 (5) a person defined in (1), (2), (3) or (4) is an
23 officer, director or managerial employee of the firm or
24 corporation;
25 (6) the firm or corporation employs a person
26 defined in (1), (2), (3) or (4) who participates in the
27 management or operation of gambling operations authorized
28 under this Act;
29 (7) the person, firm or corporation owns more than
30 a 10% ownership interest in any entity holding an owners
31 license issued under this Act; or
32 (8) a license of the person, firm or corporation
33 issued under this Act, or a license to own or operate
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1 gambling facilities in any other jurisdiction, has been
2 revoked.
3 (b) In determining whether to grant an owners license to
4 an applicant, the Board shall consider:
5 (1) the character, reputation, experience and
6 financial integrity of the applicants and of any other or
7 separate person that either:
8 (A) controls, directly or indirectly, such
9 applicant, or
10 (B) is controlled, directly or indirectly, by
11 such applicant or by a person which controls,
12 directly or indirectly, such applicant;
13 (2) the facilities or proposed facilities for the
14 conduct of riverboat gambling;
15 (3) the highest prospective total revenue to be
16 derived by the State from the conduct of riverboat
17 gambling;
18 (4) the good faith affirmative action plan of each
19 applicant to recruit, train and upgrade minorities in all
20 employment classifications;
21 (5) the financial ability of the applicant to
22 purchase and maintain adequate liability and casualty
23 insurance;
24 (6) whether the applicant has adequate
25 capitalization to provide and maintain, for the duration
26 of a license, a riverboat; and
27 (7) the extent to which the applicant exceeds or
28 meets other standards for the issuance of an owners
29 license which the Board may adopt by rule.
30 (c) Each owners license shall specify the place where
31 riverboats shall operate and dock.
32 (d) Each applicant shall submit with his application, on
33 forms provided by the Board, 2 sets of his fingerprints.
34 (e) The Board may issue up to 10 licenses authorizing
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1 the holders of such licenses to own riverboats. In the
2 application for an owners license, the applicant shall state
3 the dock at which the riverboat is based and the navigable
4 stream on which the riverboat will operate. The Board shall
5 issue 5 licenses to become effective not earlier than January
6 1, 1991. Four of such licenses shall authorize riverboat
7 gambling on the Mississippi River, one of which shall
8 authorize riverboat gambling from a home dock in the city of
9 East St. Louis. The other license shall authorize riverboat
10 gambling on the Illinois River south of Marshall County. The
11 Board shall issue 1 additional license to become effective
12 not earlier than March 1, 1992, which shall authorize
13 riverboat gambling on the Des Plaines River in Will County.
14 The Board may issue 4 additional licenses to become effective
15 not earlier than March 1, 1992. In determining the navigable
16 streams upon which riverboats will operate with licenses
17 effective on or after March 1, 1992, the Board shall consider
18 the economic benefit which riverboat gambling confers on the
19 State, and shall seek to assure that all regions of the State
20 share in the economic benefits of riverboat gambling.
21 In granting all licenses, the Board may give favorable
22 consideration to economically depressed areas of the State,
23 to applicants presenting plans which provide for significant
24 economic development over a large geographic area, and to
25 applicants who currently operate non-gambling riverboats in
26 Illinois. The Board shall review all applications for owners
27 licenses, and shall inform each applicant of the Board's
28 decision.
29 The Board may revoke the owners license of a licensee
30 which fails to begin regular riverboat cruises within 12
31 months of receipt of the Board's approval of the application
32 if the Board determines that license revocation is in the
33 best interests of the State.
34 (f) The first 10 owners licenses issued under this Act
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1 shall permit the holder to own up to 2 riverboats and
2 equipment thereon for a period of 3 years after the effective
3 date of the license. Holders of the first 10 owners licenses
4 must pay the annual license fee for each of the 3 years
5 during which they are authorized to own riverboats.
6 (g) Upon the termination, expiration or revocation of
7 each of the first 10 licenses, which shall be issued for a 3
8 year period, all licenses are renewable annually upon payment
9 of the fee and a determination by the Board that the licensee
10 continues to meet all of the requirements of this Act and the
11 Board's rules. However, for licenses renewed on or after July
12 1, 1997, renewal shall be for a period of 4 years, unless the
13 Board sets a shorter period.
14 (h) An owners license shall entitle the licensee to own
15 up to 2 riverboats. A licensee shall limit the number of
16 gambling participants to 1,200 for any such owners license.
17 Riverboats licensed to operate on the Mississippi River and
18 the Illinois River south of Marshall County shall have an
19 authorized capacity of at least 500 persons. Any other
20 riverboat licensed under this Act shall have an authorized
21 capacity of at least 400 persons.
22 (i) A licensed owner is authorized to apply to the Board
23 for and, if approved therefor, to receive all licenses from
24 the Board necessary for the operation of a riverboat,
25 including a liquor license, a license to prepare and serve
26 food for human consumption, and other necessary licenses.
27 All use, occupation and excise taxes which apply to the sale
28 of food and beverages in this State and all taxes imposed on
29 the sale or use of tangible personal property apply to such
30 sales aboard the riverboat.
31 (j) None of the first 5 licenses issued by the Board to
32 become effective not earlier than January 1, 1991 shall
33 authorize a riverboat to dock in a municipality with a
34 population of under 2,000; however, this restriction does not
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1 apply to any additional licenses issued by the Board to
2 become effective not earlier than March 1, 1992. The Board
3 may issue a license authorizing a riverboat to dock in a
4 municipality only if, prior to the issuance of the license,
5 the governing body of the municipality has by a majority vote
6 approved the docking of riverboats in the municipality. The
7 Board may issue a license authorizing a riverboat to dock in
8 areas of a county outside any municipality only if, prior to
9 the issuance of the license, the governing body of the county
10 has by a majority vote approved of the docking of riverboats
11 within such areas.
12 (k) Nothing in this Act shall be interpreted to prohibit
13 a licensed owner from operating a school for the training of
14 any occupational licensee.
15 (Source: P.A. 86-1029; 86-1389; 86-1475; 87-826.)
16 (230 ILCS 10/11) (from Ch. 120, par. 2411)
17 Sec. 11. Conduct of gambling.
18 (a) Gambling may be conducted by licensed owners aboard
19 riverboats, subject to the following standards:
20 (1) (Blank) No gambling may be conducted while a
21 riverboat is docked.
22 (2) (Blank) Riverboat cruises may not exceed 4
23 hours for a round trip, with the exception of any
24 extended cruises, each of which shall be expressly
25 approved by the Board.
26 (3) Minimum and maximum wagers on games shall be
27 set by the licensee.
28 (4) Agents of the Board and the Department of State
29 Police may board and inspect any riverboat at any time
30 for the purpose of determining whether this Act is being
31 complied with. Every riverboat, if under way and being
32 hailed by a law enforcement officer or agent of the
33 Board, must stop immediately and lay to.
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1 (5) Employees of the Board shall have the right to
2 be present on the riverboat or on adjacent facilities
3 under the control of the licensee.
4 (6) Gambling equipment and supplies customarily
5 used in conducting riverboat gambling must be purchased
6 or leased only from suppliers licensed for such purpose
7 under this Act.
8 (7) Persons licensed under this Act shall permit no
9 form of wagering on gambling games except as permitted by
10 this Act.
11 (8) Wagers may be received only from a person
12 present on a licensed riverboat. No person present on a
13 licensed riverboat shall place or attempt to place a
14 wager on behalf of another person who is not present on
15 the riverboat.
16 (9) Wagering shall not be conducted with money or
17 other negotiable currency.
18 (10) A person under age 21 shall not be permitted
19 on an area of a riverboat where gambling is being
20 conducted, except for a person at least 18 years of age
21 who is an employee of the riverboat gambling operation.
22 No employee under age 21 shall perform any function
23 involved in gambling by the patrons. No person under age
24 21 shall be permitted to make a wager under this Act.
25 (11) Gambling excursion cruises are permitted only
26 when the navigable stream for which the riverboat is
27 licensed is navigable, as determined by the Board in
28 consultation with the U.S. Army Corps of Engineers.
29 (12) All tokens, chips or electronic cards used to
30 make wagers must be purchased from a licensed owner
31 either aboard a riverboat or at an onshore facility which
32 has been approved by the Board and which is located where
33 the riverboat docks. The tokens, chips or electronic
34 cards may be purchased by means of an agreement under
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1 which the owner extends credit to the patron. Such
2 tokens, chips or electronic cards may be used while
3 aboard the riverboat only for the purpose of making
4 wagers on gambling games.
5 (13) Notwithstanding any other Section of this Act,
6 in addition to the other licenses authorized under this
7 Act, the Board may issue special event licenses allowing
8 persons who are not otherwise licensed to conduct
9 riverboat gambling to conduct such gambling on a
10 specified date or series of dates. Riverboat gambling
11 under such a license may take place on a riverboat not
12 normally used for riverboat gambling. The Board shall
13 establish standards, fees and fines for, and limitations
14 upon, such licenses, which may differ from the standards,
15 fees, fines and limitations otherwise applicable under
16 this Act. All such fees shall be deposited into the
17 State Gaming Fund. All such fines shall be deposited
18 into the Education Assistance Fund, created by Public Act
19 86-0018, of the State of Illinois.
20 (14) In addition to the above, gambling must be
21 conducted in accordance with all rules adopted by the
22 Board.
23 (Source: P.A. 86-1029; 86-1389; 87-826.)
24 (230 ILCS 10/13) (from Ch. 120, par. 2413)
25 Sec. 13. Wagering tax; Rate; Distribution.
26 (a) Until January 1, 1998, a tax is imposed on the
27 adjusted gross receipts received from gambling games
28 authorized under this Act at the rate of 20%. Commencing
29 January 1, 1998, a graduated 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 rate of 13% of annual adjusted gross
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1 receipts up to and including $25,000,000, 24.5% of annual
2 adjusted gross receipts greater than $25,000,000 but no
3 greater than $50,000,000, 27% of annual adjusted gross
4 receipts greater than $50,000,000 but no greater than
5 $75,000,000, 28% of annual adjusted gross receipts greater
6 than $75,000,000 but no greater than $100,000,000, and 30% of
7 annual adjusted gross receipts greater than $100,000,000.
8 The taxes imposed by this Section shall be paid by the
9 licensed owner to the Board not later than 3:00 o'clock p.m.
10 of the day after the close of the day when the wagers were
11 made.
12 (b) Twenty-five percent (25%) Of the tax revenue
13 deposited in the State Gaming Fund under this Section, an
14 amount equal to 5% of adjusted gross receipts shall be paid
15 monthly, subject to appropriation by the General Assembly, to
16 the unit of local government which is designated as the home
17 dock of the riverboat.
18 (c) Appropriations, as approved by the General Assembly,
19 may be made from the State Gaming Fund to the Department of
20 Revenue and the Department of State Police for the
21 administration and enforcement of this Act.
22 (d) From time to time, the Board shall transfer the
23 remainder of the funds generated by this Act into the
24 Education Assistance Fund, created by Public Act 86-0018, of
25 the State of Illinois.
26 (e) Nothing in this Act shall prohibit the unit of local
27 government designated as the home dock of the riverboat from
28 entering into agreements with other units of local government
29 in this State or in other states to share its portion of the
30 tax revenue.
31 (f) To the extent practicable, the Board shall
32 administer and collect the wagering taxes imposed by this
33 Section in a manner consistent with the provisions of
34 Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
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1 6c, 8, 9, and 10 of the Retailers' Occupation Tax Act and
2 Section 3-7 of the Uniform Penalty and Interest Act.
3 (Source: P.A. 88-670, eff. 12-2-94; 89-21, eff. 7-1-95.)
4 Section 99. Effective date. This Act takes effect upon
5 becoming law.".