Bill Text: IL SB0017 | 2011-2012 | 97th General Assembly | Amended
Bill Title: Amends the Department of Labor Law of the Civil Administrative Code of Illinois. Makes a technical change in a Section concerning the short title.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2013-01-08 - Session Sine Die [SB0017 Detail]
Download: Illinois-2011-SB0017-Amended.html
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1 | AMENDMENT TO SENATE BILL 17
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2 | AMENDMENT NO. ______. Amend Senate Bill 17 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Riverboat Gambling Act is amended by | ||||||
5 | changing Sections 5, 13, and 17 as follows:
| ||||||
6 | (230 ILCS 10/5) (from Ch. 120, par. 2405)
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7 | Sec. 5. Gaming Board.
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8 | (a) (1) There is hereby established the
Illinois Gaming | ||||||
9 | Board, which shall have the powers and duties specified in
this | ||||||
10 | Act, and all other powers necessary and proper to fully and
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11 | effectively execute this Act for the purpose of administering, | ||||||
12 | regulating,
and enforcing the system of riverboat gambling | ||||||
13 | established by this Act. Its
jurisdiction shall extend under | ||||||
14 | this Act to every person, association,
corporation, | ||||||
15 | partnership and trust involved in riverboat gambling
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16 | operations in the State of Illinois.
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1 | (2) The Board shall consist of 5 members to be appointed by | ||||||
2 | the Governor
with the advice and consent of the Senate, one of | ||||||
3 | whom shall be designated
by the Governor to be chairman. Each | ||||||
4 | member shall have a reasonable
knowledge of the practice, | ||||||
5 | procedure and principles of gambling operations.
Each member | ||||||
6 | shall either be a resident of Illinois or shall certify that he
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7 | will become a resident of Illinois before taking office. At | ||||||
8 | least one member
shall be experienced in law enforcement and | ||||||
9 | criminal investigation, at
least one member shall be a | ||||||
10 | certified public accountant experienced in
accounting and | ||||||
11 | auditing, and at least one member shall be a lawyer licensed
to | ||||||
12 | practice law in Illinois.
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13 | (3) The terms of office of the Board members shall be 3 | ||||||
14 | years, except
that the terms of office of the initial Board | ||||||
15 | members appointed pursuant to
this Act will commence from the | ||||||
16 | effective date of this Act and run as
follows: one for a term | ||||||
17 | ending July 1, 1991, 2 for a term ending July 1,
1992, and 2 for | ||||||
18 | a term ending July 1, 1993. Upon the expiration of the
| ||||||
19 | foregoing terms, the successors of such members shall serve a | ||||||
20 | term for 3
years and until their successors are appointed and | ||||||
21 | qualified for like terms.
Vacancies in the Board shall be | ||||||
22 | filled for the unexpired term in like
manner as original | ||||||
23 | appointments. Each member of the Board shall be
eligible for | ||||||
24 | reappointment at the discretion of the Governor with the
advice | ||||||
25 | and consent of the Senate.
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26 | (4) Each member of the Board shall receive $300 for each |
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1 | day the
Board meets and for each day the member conducts any | ||||||
2 | hearing pursuant to
this Act. Each member of the Board shall | ||||||
3 | also be reimbursed for all actual
and necessary expenses and | ||||||
4 | disbursements incurred in the execution of official
duties.
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5 | (5) No person shall be appointed a member of the Board or | ||||||
6 | continue to be
a member of the Board who is, or whose spouse, | ||||||
7 | child or parent is, a member
of the board of directors of, or a | ||||||
8 | person financially interested in, any
gambling operation | ||||||
9 | subject to the jurisdiction of this Board, or any race
track, | ||||||
10 | race meeting, racing association or the operations thereof | ||||||
11 | subject
to the jurisdiction of the Illinois Racing Board. No | ||||||
12 | Board member shall
hold any other public office. No person | ||||||
13 | shall be a
member of the Board who is not of good moral | ||||||
14 | character or who has been
convicted of, or is under indictment | ||||||
15 | for, a felony under the laws of
Illinois or any other state, or | ||||||
16 | the United States.
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17 | (5.5) No member of the Board shall engage in any political | ||||||
18 | activity. For the purposes of this Section, "political" means | ||||||
19 | any activity in support
of or in connection with any campaign | ||||||
20 | for federal, State, or local elective office or any political
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21 | organization, but does not include activities (i) relating to | ||||||
22 | the support or
opposition of any executive, legislative, or | ||||||
23 | administrative action (as those
terms are defined in Section 2 | ||||||
24 | of the Lobbyist Registration Act), (ii) relating
to collective | ||||||
25 | bargaining, or (iii) that are
otherwise
in furtherance of the | ||||||
26 | person's official
State duties or governmental and public |
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1 | service functions.
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2 | (6) Any member of the Board may be removed by the Governor | ||||||
3 | for neglect
of duty, misfeasance, malfeasance, or nonfeasance | ||||||
4 | in office or for engaging in any political activity.
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5 | (7) Before entering upon the discharge of the duties of his | ||||||
6 | office, each
member of the Board shall take an oath that he | ||||||
7 | will faithfully execute the
duties of his office according to | ||||||
8 | the laws of the State and the rules and
regulations adopted | ||||||
9 | therewith and shall give bond to the State of Illinois,
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10 | approved by the Governor, in the sum of $25,000. Every such | ||||||
11 | bond, when
duly executed and approved, shall be recorded in the | ||||||
12 | office of the
Secretary of State. Whenever the Governor | ||||||
13 | determines that the bond of any
member of the Board has become | ||||||
14 | or is likely to become invalid or
insufficient, he shall | ||||||
15 | require such member forthwith to renew his bond,
which is to be | ||||||
16 | approved by the Governor. Any member of the Board who fails
to | ||||||
17 | take oath and give bond within 30 days from the date of his | ||||||
18 | appointment,
or who fails to renew his bond within 30 days | ||||||
19 | after it is demanded by the
Governor, shall be guilty of | ||||||
20 | neglect of duty and may be removed by the
Governor. The cost of | ||||||
21 | any bond given by any member of the Board under this
Section | ||||||
22 | shall be taken to be a part of the necessary expenses of the | ||||||
23 | Board.
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24 | (8) The Board shall employ such
personnel as may be | ||||||
25 | necessary to carry out its functions and shall determine the | ||||||
26 | salaries of all personnel, except those personnel whose |
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1 | salaries are determined under the terms of a collective | ||||||
2 | bargaining agreement. No
person shall be employed to serve the | ||||||
3 | Board who is, or whose spouse, parent
or child is, an official | ||||||
4 | of, or has a financial interest in or financial
relation with, | ||||||
5 | any operator engaged in gambling operations within this
State | ||||||
6 | or any organization engaged in conducting horse racing within | ||||||
7 | this
State. Any employee violating these prohibitions shall be | ||||||
8 | subject to
termination of employment.
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9 | (9) An Administrator shall perform any and all duties that | ||||||
10 | the Board
shall assign him. The salary of the Administrator | ||||||
11 | shall be determined by
the Board and, in addition,
he shall be | ||||||
12 | reimbursed for all actual and necessary expenses incurred by
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13 | him in discharge of his official duties. The Administrator | ||||||
14 | shall keep
records of all proceedings of the Board and shall | ||||||
15 | preserve all records,
books, documents and other papers | ||||||
16 | belonging to the Board or entrusted to
its care. The | ||||||
17 | Administrator shall devote his full time to the duties of
the | ||||||
18 | office and shall not hold any other office or employment.
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19 | (b) The Board shall have general responsibility for the | ||||||
20 | implementation
of this Act. Its duties include, without | ||||||
21 | limitation, the following:
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22 | (1) To decide promptly and in reasonable order all | ||||||
23 | license applications.
Any party aggrieved by an action of | ||||||
24 | the Board denying, suspending,
revoking, restricting or | ||||||
25 | refusing to renew a license may request a hearing
before | ||||||
26 | the Board. A request for a hearing must be made to the |
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1 | Board in
writing within 5 days after service of notice of | ||||||
2 | the action of the Board.
Notice of the action of the Board | ||||||
3 | shall be served either by personal
delivery or by certified | ||||||
4 | mail, postage prepaid, to the aggrieved party.
Notice | ||||||
5 | served by certified mail shall be deemed complete on the | ||||||
6 | business
day following the date of such mailing. The Board | ||||||
7 | shall conduct all
requested hearings promptly and in | ||||||
8 | reasonable order;
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9 | (2) To conduct all hearings pertaining to civil | ||||||
10 | violations of this Act
or rules and regulations promulgated | ||||||
11 | hereunder;
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12 | (3) To promulgate such rules and regulations as in its | ||||||
13 | judgment may be
necessary to protect or enhance the | ||||||
14 | credibility and integrity of gambling
operations | ||||||
15 | authorized by this Act and the regulatory process | ||||||
16 | hereunder;
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17 | (4) To provide for the establishment and collection of | ||||||
18 | all license and
registration fees and taxes imposed by this | ||||||
19 | Act and the rules and
regulations issued pursuant hereto. | ||||||
20 | All such fees and taxes shall be
deposited into the State | ||||||
21 | Gaming Fund;
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22 | (5) To provide for the levy and collection of penalties | ||||||
23 | and fines for the
violation of provisions of this Act and | ||||||
24 | the rules and regulations
promulgated hereunder. All such | ||||||
25 | fines and penalties shall be deposited
into the Education | ||||||
26 | Assistance Fund, created by Public Act 86-0018, of the
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1 | State of Illinois;
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2 | (6) To be present through its inspectors and agents any | ||||||
3 | time gambling
operations are conducted on any riverboat for | ||||||
4 | the purpose of certifying the
revenue thereof, receiving | ||||||
5 | complaints from the public, and conducting such
other | ||||||
6 | investigations into the conduct of the gambling games and | ||||||
7 | the
maintenance of the equipment as from time to time the | ||||||
8 | Board may deem
necessary and proper;
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9 | (7) To review and rule upon any complaint by a licensee
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10 | regarding any investigative procedures of the State which | ||||||
11 | are unnecessarily
disruptive of gambling operations. The | ||||||
12 | need to inspect and investigate
shall be presumed at all | ||||||
13 | times. The disruption of a licensee's operations
shall be | ||||||
14 | proved by clear and convincing evidence, and establish | ||||||
15 | that: (A)
the procedures had no reasonable law enforcement | ||||||
16 | purposes, and (B) the
procedures were so disruptive as to | ||||||
17 | unreasonably inhibit gambling operations;
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18 | (8) To hold at least one meeting each quarter of the | ||||||
19 | fiscal
year. In addition, special meetings may be called by | ||||||
20 | the Chairman or any 2
Board members upon 72 hours written | ||||||
21 | notice to each member. All Board
meetings shall be subject | ||||||
22 | to the Open Meetings Act. Three members of the
Board shall | ||||||
23 | constitute a quorum, and 3 votes shall be required for any
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24 | final determination by the Board. The Board shall keep a | ||||||
25 | complete and
accurate record of all its meetings. A | ||||||
26 | majority of the members of the Board
shall constitute a |
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1 | quorum for the transaction of any business, for the
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2 | performance of any duty, or for the exercise of any power | ||||||
3 | which this Act
requires the Board members to transact, | ||||||
4 | perform or exercise en banc, except
that, upon order of the | ||||||
5 | Board, one of the Board members or an
administrative law | ||||||
6 | judge designated by the Board may conduct any hearing
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7 | provided for under this Act or by Board rule and may | ||||||
8 | recommend findings and
decisions to the Board. The Board | ||||||
9 | member or administrative law judge
conducting such hearing | ||||||
10 | shall have all powers and rights granted to the
Board in | ||||||
11 | this Act. The record made at the time of the hearing shall | ||||||
12 | be
reviewed by the Board, or a majority thereof, and the | ||||||
13 | findings and decision
of the majority of the Board shall | ||||||
14 | constitute the order of the Board in
such case;
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15 | (9) To maintain records which are separate and distinct | ||||||
16 | from the records
of any other State board or commission. | ||||||
17 | Such records shall be available
for public inspection and | ||||||
18 | shall accurately reflect all Board proceedings;
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19 | (10) To file a written annual report with the Governor | ||||||
20 | on or before
March 1 each year and such additional reports | ||||||
21 | as the Governor may request.
The annual report shall | ||||||
22 | include a statement of receipts and disbursements
by the | ||||||
23 | Board, actions taken by the Board, and any additional | ||||||
24 | information
and recommendations which the Board may deem | ||||||
25 | valuable or which the Governor
may request;
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26 | (11) (Blank);
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1 | (12) (Blank);
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2 | (13) (Blank); To assume responsibility for | ||||||
3 | administration and enforcement of the
Video Gaming Act ; and | ||||||
4 | (14) To adopt, by rule, a code of conduct governing | ||||||
5 | Board members and employees that ensure, to the maximum | ||||||
6 | extent possible, that persons subject to this Code avoid | ||||||
7 | situations, relationships, or associations that may | ||||||
8 | represent or lead to a conflict of interest.
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9 | (c) The Board shall have jurisdiction over and shall | ||||||
10 | supervise all
gambling operations governed by this Act. The | ||||||
11 | Board shall have all powers
necessary and proper to fully and | ||||||
12 | effectively execute the provisions of
this Act, including, but | ||||||
13 | not limited to, the following:
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14 | (1) To investigate applicants and determine the | ||||||
15 | eligibility of
applicants for licenses and to select among | ||||||
16 | competing applicants the
applicants which best serve the | ||||||
17 | interests of the citizens of Illinois.
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18 | (2) To have jurisdiction and supervision over all | ||||||
19 | riverboat gambling
operations in this State and all persons | ||||||
20 | on riverboats where gambling
operations are conducted.
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21 | (3) To promulgate rules and regulations for the purpose | ||||||
22 | of administering
the provisions of this Act and to | ||||||
23 | prescribe rules, regulations and
conditions under which | ||||||
24 | all riverboat gambling in the State shall be
conducted. | ||||||
25 | Such rules and regulations are to provide for the | ||||||
26 | prevention of
practices detrimental to the public interest |
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1 | and for the best interests of
riverboat gambling, including | ||||||
2 | rules and regulations regarding the
inspection of such | ||||||
3 | riverboats and the review of any permits or licenses
| ||||||
4 | necessary to operate a riverboat under any laws or | ||||||
5 | regulations applicable
to riverboats, and to impose | ||||||
6 | penalties for violations thereof.
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7 | (4) To enter the office, riverboats, facilities, or | ||||||
8 | other
places of business of a licensee, where evidence of | ||||||
9 | the compliance or
noncompliance with the provisions of this | ||||||
10 | Act is likely to be found.
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11 | (5) To investigate alleged violations of this Act or | ||||||
12 | the
rules of the Board and to take appropriate disciplinary
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13 | action against a licensee or a holder of an occupational | ||||||
14 | license for a
violation, or institute appropriate legal | ||||||
15 | action for enforcement, or both.
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16 | (6) To adopt standards for the licensing of all persons | ||||||
17 | under this Act,
as well as for electronic or mechanical | ||||||
18 | gambling games, and to establish
fees for such licenses.
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19 | (7) To adopt appropriate standards for all riverboats
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20 | and facilities.
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21 | (8) To require that the records, including financial or | ||||||
22 | other statements
of any licensee under this Act, shall be | ||||||
23 | kept in such manner as prescribed
by the Board and that any | ||||||
24 | such licensee involved in the ownership or
management of | ||||||
25 | gambling operations submit to the Board an annual balance
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26 | sheet and profit and loss statement, list of the |
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1 | stockholders or other
persons having a 1% or greater | ||||||
2 | beneficial interest in the gambling
activities of each | ||||||
3 | licensee, and any other information the Board deems
| ||||||
4 | necessary in order to effectively administer this Act and | ||||||
5 | all rules,
regulations, orders and final decisions | ||||||
6 | promulgated under this Act.
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7 | (9) To conduct hearings, issue subpoenas for the | ||||||
8 | attendance of
witnesses and subpoenas duces tecum for the | ||||||
9 | production of books, records
and other pertinent documents | ||||||
10 | in accordance with the Illinois
Administrative Procedure | ||||||
11 | Act, and to administer oaths and affirmations to
the | ||||||
12 | witnesses, when, in the judgment of the Board, it is | ||||||
13 | necessary to
administer or enforce this Act or the Board | ||||||
14 | rules.
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15 | (10) To prescribe a form to be used by any licensee | ||||||
16 | involved in the
ownership or management of gambling | ||||||
17 | operations as an
application for employment for their | ||||||
18 | employees.
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19 | (11) To revoke or suspend licenses, as the Board may | ||||||
20 | see fit and in
compliance with applicable laws of the State | ||||||
21 | regarding administrative
procedures, and to review | ||||||
22 | applications for the renewal of licenses. The
Board may | ||||||
23 | suspend an owners license, without notice or hearing upon a
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24 | determination that the safety or health of patrons or | ||||||
25 | employees is
jeopardized by continuing a riverboat's | ||||||
26 | operation. The suspension may
remain in effect until the |
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1 | Board determines that the cause for suspension
has been | ||||||
2 | abated. The Board may revoke the owners license upon a
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3 | determination that the owner has not made satisfactory | ||||||
4 | progress toward
abating the hazard.
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5 | (12) To eject or exclude or authorize the ejection or | ||||||
6 | exclusion of, any
person from riverboat gambling | ||||||
7 | facilities where such person is in violation
of this Act, | ||||||
8 | rules and regulations thereunder, or final orders of the
| ||||||
9 | Board, or where such person's conduct or reputation is such | ||||||
10 | that his
presence within the riverboat gambling facilities | ||||||
11 | may, in the opinion of
the Board, call into question the | ||||||
12 | honesty and integrity of the gambling
operations or | ||||||
13 | interfere with orderly conduct thereof; provided that the
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14 | propriety of such ejection or exclusion is subject to | ||||||
15 | subsequent hearing
by the Board.
| ||||||
16 | (13) To require all licensees of gambling operations to | ||||||
17 | utilize a
cashless wagering system whereby all players' | ||||||
18 | money is converted to tokens,
electronic cards, or chips | ||||||
19 | which shall be used only for wagering in the
gambling | ||||||
20 | establishment.
| ||||||
21 | (14) (Blank).
| ||||||
22 | (15) To suspend, revoke or restrict licenses, to | ||||||
23 | require the
removal of a licensee or an employee of a | ||||||
24 | licensee for a violation of this
Act or a Board rule or for | ||||||
25 | engaging in a fraudulent practice, and to
impose civil | ||||||
26 | penalties of up to $5,000 against individuals and up to
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1 | $10,000 or an amount equal to the daily gross receipts, | ||||||
2 | whichever is
larger, against licensees for each violation | ||||||
3 | of any provision of the Act,
any rules adopted by the | ||||||
4 | Board, any order of the Board or any other action
which, in | ||||||
5 | the Board's discretion, is a detriment or impediment to | ||||||
6 | riverboat
gambling operations.
| ||||||
7 | (16) To hire employees to gather information, conduct | ||||||
8 | investigations
and carry out any other tasks contemplated | ||||||
9 | under this Act.
| ||||||
10 | (17) To establish minimum levels of insurance to be | ||||||
11 | maintained by
licensees.
| ||||||
12 | (18) To authorize a licensee to sell or serve alcoholic | ||||||
13 | liquors, wine or
beer as defined in the Liquor Control Act | ||||||
14 | of 1934 on board a riverboat
and to have exclusive | ||||||
15 | authority to establish the hours for sale and
consumption | ||||||
16 | of alcoholic liquor on board a riverboat, notwithstanding | ||||||
17 | any
provision of the Liquor Control Act of 1934 or any | ||||||
18 | local ordinance, and
regardless of whether the riverboat | ||||||
19 | makes excursions. The
establishment of the hours for sale | ||||||
20 | and consumption of alcoholic liquor on
board a riverboat is | ||||||
21 | an exclusive power and function of the State. A home
rule | ||||||
22 | unit may not establish the hours for sale and consumption | ||||||
23 | of alcoholic
liquor on board a riverboat. This amendatory | ||||||
24 | Act of 1991 is a denial and
limitation of home rule powers | ||||||
25 | and functions under subsection (h) of
Section 6 of Article | ||||||
26 | VII of the Illinois Constitution.
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1 | (19) After consultation with the U.S. Army Corps of | ||||||
2 | Engineers, to
establish binding emergency orders upon the | ||||||
3 | concurrence of a majority of
the members of the Board | ||||||
4 | regarding the navigability of water, relative to
| ||||||
5 | excursions,
in the event
of extreme weather conditions, | ||||||
6 | acts of God or other extreme circumstances.
| ||||||
7 | (20) To delegate the execution of any of its powers | ||||||
8 | under this Act for
the purpose of administering and | ||||||
9 | enforcing this Act and its rules and
regulations hereunder.
| ||||||
10 | (20.5) To approve any contract entered into on its | ||||||
11 | behalf.
| ||||||
12 | (20.6) To appoint investigators to conduct | ||||||
13 | investigations, searches, seizures, arrests, and other | ||||||
14 | duties imposed under this Act, as deemed necessary by the | ||||||
15 | Board. These investigators have and may exercise all of the | ||||||
16 | rights and powers of peace officers, provided that these | ||||||
17 | powers shall be limited to offenses or violations occurring | ||||||
18 | or committed on a riverboat or dock, as defined in | ||||||
19 | subsections (d) and (f) of Section 4, or as otherwise | ||||||
20 | provided by this Act or any other law. | ||||||
21 | (20.7) To contract with the Department of State Police | ||||||
22 | for the use of trained and qualified State police officers | ||||||
23 | and with the Department of Revenue for the use of trained | ||||||
24 | and qualified Department of Revenue investigators to | ||||||
25 | conduct investigations, searches, seizures, arrests, and | ||||||
26 | other duties imposed under this Act and to exercise all of |
| |||||||
| |||||||
1 | the rights and powers of peace officers, provided that the | ||||||
2 | powers of Department of Revenue investigators under this | ||||||
3 | subdivision (20.7) shall be limited to offenses or | ||||||
4 | violations occurring or committed on a riverboat or dock, | ||||||
5 | as defined in subsections (d) and (f) of Section 4, or as | ||||||
6 | otherwise provided by this Act or any other law. In the | ||||||
7 | event the Department of State Police or the Department of | ||||||
8 | Revenue is unable to fill contracted police or | ||||||
9 | investigative positions, the Board may appoint | ||||||
10 | investigators to fill those positions pursuant to | ||||||
11 | subdivision (20.6).
| ||||||
12 | (21) To take any other action as may be reasonable or | ||||||
13 | appropriate to
enforce this Act and rules and regulations | ||||||
14 | hereunder.
| ||||||
15 | (d) The Board may seek and shall receive the cooperation of | ||||||
16 | 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 requirements | ||||||
21 | of Section 2605-400 of the Department of State Police Law
(20 | ||||||
22 | 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) |
| |||||||
| |||||||
1 | contains a unique identifying number. No other badge shall be | ||||||
2 | authorized
by the Board.
| ||||||
3 | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; | ||||||
4 | 96-1000, eff. 7-2-10; 96-1392, eff. 1-1-11.)
| ||||||
5 | (230 ILCS 10/13) (from Ch. 120, par. 2413)
| ||||||
6 | Sec. 13. Wagering tax; rate; distribution.
| ||||||
7 | (a) Until January 1, 1998, a tax is imposed on the adjusted | ||||||
8 | gross
receipts received from gambling games authorized under | ||||||
9 | this Act at the rate of
20%.
| ||||||
10 | (a-1) From January 1, 1998 until July 1, 2002, a privilege | ||||||
11 | tax is
imposed on persons engaged in the business of conducting | ||||||
12 | riverboat gambling
operations, based on the adjusted gross | ||||||
13 | receipts received by a licensed owner
from gambling games | ||||||
14 | authorized under this Act at the following rates:
| ||||||
15 | 15% of annual adjusted gross receipts up to and | ||||||
16 | including $25,000,000;
| ||||||
17 | 20% of annual adjusted gross receipts in excess of | ||||||
18 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
19 | 25% of annual adjusted gross receipts in excess of | ||||||
20 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
21 | 30% of annual adjusted gross receipts in excess of | ||||||
22 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
23 | 35% of annual adjusted gross receipts in excess of | ||||||
24 | $100,000,000.
| ||||||
25 | (a-2) From July 1, 2002 until July 1, 2003, a privilege tax |
| |||||||
| |||||||
1 | is imposed on
persons engaged in the business of conducting | ||||||
2 | riverboat gambling operations,
other than licensed managers | ||||||
3 | conducting riverboat gambling operations on behalf
of the | ||||||
4 | State, based on the adjusted gross receipts received by a | ||||||
5 | licensed
owner from gambling games authorized under this Act at | ||||||
6 | the following rates:
| ||||||
7 | 15% of annual adjusted gross receipts up to and | ||||||
8 | including $25,000,000;
| ||||||
9 | 22.5% of annual adjusted gross receipts in excess of | ||||||
10 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
11 | 27.5% of annual adjusted gross receipts in excess of | ||||||
12 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
13 | 32.5% of annual adjusted gross receipts in excess of | ||||||
14 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
15 | 37.5% of annual adjusted gross receipts in excess of | ||||||
16 | $100,000,000 but not
exceeding $150,000,000;
| ||||||
17 | 45% of annual adjusted gross receipts in excess of | ||||||
18 | $150,000,000 but not
exceeding $200,000,000;
| ||||||
19 | 50% of annual adjusted gross receipts in excess of | ||||||
20 | $200,000,000.
| ||||||
21 | (a-3) Beginning July 1, 2003, a privilege tax is imposed on | ||||||
22 | persons engaged
in the business of conducting riverboat | ||||||
23 | gambling operations, other than
licensed managers conducting | ||||||
24 | riverboat gambling operations on behalf of the
State, based on | ||||||
25 | the adjusted gross receipts received by a licensed owner from
| ||||||
26 | gambling games authorized under this Act at the following |
| |||||||
| |||||||
1 | rates:
| ||||||
2 | 15% of annual adjusted gross receipts up to and | ||||||
3 | including $25,000,000;
| ||||||
4 | 27.5% of annual adjusted gross receipts in excess of | ||||||
5 | $25,000,000 but not
exceeding $37,500,000;
| ||||||
6 | 32.5% of annual adjusted gross receipts in excess of | ||||||
7 | $37,500,000 but not
exceeding $50,000,000;
| ||||||
8 | 37.5% of annual adjusted gross receipts in excess of | ||||||
9 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
10 | 45% of annual adjusted gross receipts in excess of | ||||||
11 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
12 | 50% of annual adjusted gross receipts in excess of | ||||||
13 | $100,000,000 but not
exceeding $250,000,000;
| ||||||
14 | 70% of annual adjusted gross receipts in excess of | ||||||
15 | $250,000,000.
| ||||||
16 | An amount equal to the amount of wagering taxes collected | ||||||
17 | under this
subsection (a-3) that are in addition to the amount | ||||||
18 | of wagering taxes that
would have been collected if the | ||||||
19 | wagering tax rates under subsection (a-2)
were in effect shall | ||||||
20 | be paid into the Common School Fund.
| ||||||
21 | The privilege tax imposed under this subsection (a-3) shall | ||||||
22 | no longer be
imposed beginning on the earlier of (i) July 1, | ||||||
23 | 2005; (ii) the first date
after June 20, 2003 that riverboat | ||||||
24 | gambling operations are conducted
pursuant to a dormant | ||||||
25 | license; or (iii) the first day that riverboat gambling
| ||||||
26 | operations are conducted under the authority of an owners |
| |||||||
| |||||||
1 | license that is in
addition to the 10 owners licenses initially | ||||||
2 | authorized under this Act.
For the purposes of this subsection | ||||||
3 | (a-3), the term "dormant license"
means an owners license that | ||||||
4 | is authorized by this Act under which no
riverboat gambling | ||||||
5 | operations are being conducted on June 20, 2003.
| ||||||
6 | (a-4) Beginning on the first day on which the tax imposed | ||||||
7 | under
subsection (a-3) is no longer imposed, a privilege tax is | ||||||
8 | imposed on persons
engaged in the business of conducting | ||||||
9 | riverboat gambling operations, other
than licensed managers | ||||||
10 | conducting riverboat gambling operations on behalf of
the | ||||||
11 | State, based on the adjusted gross receipts received by a | ||||||
12 | licensed owner
from gambling games authorized under this Act at | ||||||
13 | the following rates:
| ||||||
14 | 15% of annual adjusted gross receipts up to and | ||||||
15 | including $25,000,000;
| ||||||
16 | 22.5% of annual adjusted gross receipts in excess of | ||||||
17 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
18 | 27.5% of annual adjusted gross receipts in excess of | ||||||
19 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
20 | 32.5% of annual adjusted gross receipts in excess of | ||||||
21 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
22 | 37.5% of annual adjusted gross receipts in excess of | ||||||
23 | $100,000,000 but not
exceeding $150,000,000;
| ||||||
24 | 45% of annual adjusted gross receipts in excess of | ||||||
25 | $150,000,000 but not
exceeding $200,000,000;
| ||||||
26 | 50% of annual adjusted gross receipts in excess of |
| |||||||
| |||||||
1 | $200,000,000.
| ||||||
2 | (a-8) Riverboat gambling operations conducted by a | ||||||
3 | licensed manager on
behalf of the State are not subject to the | ||||||
4 | tax imposed under this Section.
| ||||||
5 | (a-10) The taxes imposed by this Section shall be paid by | ||||||
6 | the licensed
owner to the Board not later than 5:00 o'clock | ||||||
7 | p.m. of the day after the day
when the wagers were made.
| ||||||
8 | (a-15) If the privilege tax imposed under subsection (a-3) | ||||||
9 | is no longer imposed pursuant to item (i) of the last paragraph | ||||||
10 | of subsection (a-3), then by June 15 of each year, each owners | ||||||
11 | licensee, other than an owners licensee that admitted 1,000,000 | ||||||
12 | persons or
fewer in calendar year 2004, must, in addition to | ||||||
13 | the payment of all amounts otherwise due under this Section, | ||||||
14 | pay to the Board a reconciliation payment in the amount, if | ||||||
15 | any, by which the licensed owner's base amount exceeds the | ||||||
16 | amount of net privilege tax paid by the licensed owner to the | ||||||
17 | Board in the then current State fiscal year. A licensed owner's | ||||||
18 | net privilege tax obligation due for the balance of the State | ||||||
19 | fiscal year shall be reduced up to the total of the amount paid | ||||||
20 | by the licensed owner in its June 15 reconciliation payment. | ||||||
21 | The obligation imposed by this subsection (a-15) is binding on | ||||||
22 | any person, firm, corporation, or other entity that acquires an | ||||||
23 | ownership interest in any such owners license. The obligation | ||||||
24 | imposed under this subsection (a-15) terminates on the earliest | ||||||
25 | of: (i) July 1, 2007, (ii) the first day after the effective | ||||||
26 | date of this amendatory Act of the 94th General Assembly that |
| |||||||
| |||||||
1 | riverboat gambling operations are conducted pursuant to a | ||||||
2 | dormant license, (iii) the first day that riverboat gambling | ||||||
3 | operations are conducted under the authority of an owners | ||||||
4 | license that is in addition to the 10 owners licenses initially | ||||||
5 | authorized under this Act, or (iv) the first day that a | ||||||
6 | licensee under the Illinois Horse Racing Act of 1975 conducts | ||||||
7 | gaming operations with slot machines or other electronic gaming | ||||||
8 | devices. The Board must reduce the obligation imposed under | ||||||
9 | this subsection (a-15) by an amount the Board deems reasonable | ||||||
10 | for any of the following reasons: (A) an act or acts of God, | ||||||
11 | (B) an act of bioterrorism or terrorism or a bioterrorism or | ||||||
12 | terrorism threat that was investigated by a law enforcement | ||||||
13 | agency, or (C) a condition beyond the control of the owners | ||||||
14 | licensee that does not result from any act or omission by the | ||||||
15 | owners licensee or any of its agents and that poses a hazardous | ||||||
16 | threat to the health and safety of patrons. If an owners | ||||||
17 | licensee pays an amount in excess of its liability under this | ||||||
18 | Section, the Board shall apply the overpayment to future | ||||||
19 | payments required under this Section. | ||||||
20 | For purposes of this subsection (a-15): | ||||||
21 | "Act of God" means an incident caused by the operation of | ||||||
22 | an extraordinary force that cannot be foreseen, that cannot be | ||||||
23 | avoided by the exercise of due care, and for which no person | ||||||
24 | can be held liable.
| ||||||
25 | "Base amount" means the following: | ||||||
26 | For a riverboat in Alton, $31,000,000.
|
| |||||||
| |||||||
1 | For a riverboat in East Peoria, $43,000,000.
| ||||||
2 | For the Empress riverboat in Joliet, $86,000,000.
| ||||||
3 | For a riverboat in Metropolis, $45,000,000.
| ||||||
4 | For the Harrah's riverboat in Joliet, $114,000,000.
| ||||||
5 | For a riverboat in Aurora, $86,000,000.
| ||||||
6 | For a riverboat in East St. Louis, $48,500,000.
| ||||||
7 | For a riverboat in Elgin, $198,000,000.
| ||||||
8 | "Dormant license" has the meaning ascribed to it in | ||||||
9 | subsection (a-3).
| ||||||
10 | "Net privilege tax" means all privilege taxes paid by a | ||||||
11 | licensed owner to the Board under this Section, less all | ||||||
12 | payments made from the State Gaming Fund pursuant to subsection | ||||||
13 | (b) of this Section. | ||||||
14 | The changes made to this subsection (a-15) by Public Act | ||||||
15 | 94-839 are intended to restate and clarify the intent of Public | ||||||
16 | Act 94-673 with respect to the amount of the payments required | ||||||
17 | to be made under this subsection by an owners licensee to the | ||||||
18 | Board.
| ||||||
19 | (b) Until January 1, 1998, 25% of the tax revenue deposited | ||||||
20 | in the State
Gaming Fund under this Section shall be paid, | ||||||
21 | subject to appropriation by the
General Assembly, to the unit | ||||||
22 | of local government which is designated as the
home dock of the | ||||||
23 | riverboat. Beginning January 1, 1998, from the tax revenue
| ||||||
24 | deposited in the State Gaming Fund under this Section, an | ||||||
25 | amount equal to 5% of
adjusted gross receipts generated by a | ||||||
26 | riverboat shall be paid monthly, subject
to appropriation by |
| |||||||
| |||||||
1 | the General Assembly, to the unit of local government that
is | ||||||
2 | designated as the home dock of the riverboat. From the tax | ||||||
3 | revenue
deposited in the State Gaming Fund pursuant to | ||||||
4 | riverboat gambling operations
conducted by a licensed manager | ||||||
5 | on behalf of the State, an amount equal to 5%
of adjusted gross | ||||||
6 | receipts generated pursuant to those riverboat gambling
| ||||||
7 | operations shall be paid monthly,
subject to appropriation by | ||||||
8 | the General Assembly, to the unit of local
government that is | ||||||
9 | designated as the home dock of the riverboat upon which
those | ||||||
10 | riverboat gambling operations are conducted.
| ||||||
11 | (c) Appropriations, as approved by the General Assembly, | ||||||
12 | may be made
from the State Gaming Fund to the Board (i) for the | ||||||
13 | administration and enforcement of this Act and the Video Gaming | ||||||
14 | Act , (ii) for distribution to the Department of State Police | ||||||
15 | and to the Department of Revenue for the enforcement of this | ||||||
16 | Act, and (iii) to the
Department of Human Services for the | ||||||
17 | administration of programs to treat
problem gambling.
| ||||||
18 | (c-5) Before May 26, 2006 (the effective date of Public Act | ||||||
19 | 94-804) and beginning on the effective date of this amendatory | ||||||
20 | Act of the 95th General Assembly, unless any organization | ||||||
21 | licensee under the Illinois Horse Racing Act of 1975 begins to | ||||||
22 | operate a slot machine or video game of chance under the | ||||||
23 | Illinois Horse Racing Act of 1975 or this Act, after the | ||||||
24 | payments required under subsections (b) and (c) have been
made, | ||||||
25 | an amount equal to 15% of the adjusted gross receipts of (1) an | ||||||
26 | owners
licensee that relocates pursuant to Section 11.2,
(2) an |
| |||||||
| |||||||
1 | owners licensee
conducting riverboat gambling operations
| ||||||
2 | pursuant to an
owners license that is initially issued after | ||||||
3 | June
25, 1999,
or (3) the first
riverboat gambling operations | ||||||
4 | conducted by a licensed manager on behalf of the
State under | ||||||
5 | Section 7.3,
whichever comes first, shall be paid from the | ||||||
6 | State
Gaming Fund into the Horse Racing Equity Fund.
| ||||||
7 | (c-10) Each year the General Assembly shall appropriate | ||||||
8 | from the General
Revenue Fund to the Education Assistance Fund | ||||||
9 | an amount equal to the amount
paid into the Horse Racing Equity | ||||||
10 | Fund pursuant to subsection (c-5) in the
prior calendar year.
| ||||||
11 | (c-15) After the payments required under subsections (b), | ||||||
12 | (c), and (c-5)
have been made, an amount equal to 2% of the | ||||||
13 | adjusted gross receipts of (1)
an owners licensee that | ||||||
14 | relocates pursuant to Section 11.2, (2) an owners
licensee | ||||||
15 | conducting riverboat gambling operations pursuant to
an
owners | ||||||
16 | license that is initially issued after June 25, 1999,
or (3) | ||||||
17 | the first
riverboat gambling operations conducted by a licensed | ||||||
18 | manager on behalf of the
State under Section 7.3,
whichever | ||||||
19 | comes first, shall be paid, subject to appropriation
from the | ||||||
20 | General Assembly, from the State Gaming Fund to each home rule
| ||||||
21 | county with a population of over 3,000,000 inhabitants for the | ||||||
22 | purpose of
enhancing the county's criminal justice system.
| ||||||
23 | (c-20) Each year the General Assembly shall appropriate | ||||||
24 | from the General
Revenue Fund to the Education Assistance Fund | ||||||
25 | an amount equal to the amount
paid to each home rule county | ||||||
26 | with a population of over 3,000,000 inhabitants
pursuant to |
| |||||||
| |||||||
1 | subsection (c-15) in the prior calendar year.
| ||||||
2 | (c-25) After the payments required under subsections (b), | ||||||
3 | (c), (c-5) and
(c-15) have been made, an amount equal to 2% of | ||||||
4 | the
adjusted gross receipts of (1) an owners licensee
that
| ||||||
5 | relocates pursuant to Section 11.2, (2) an
owners
licensee | ||||||
6 | conducting riverboat gambling operations pursuant to
an
owners | ||||||
7 | license
that is initially issued after June 25, 1999,
or (3) | ||||||
8 | the first
riverboat gambling operations conducted by a licensed | ||||||
9 | manager on behalf of the
State under Section 7.3,
whichever
| ||||||
10 | comes first,
shall be paid from the State
Gaming Fund to | ||||||
11 | Chicago State University.
| ||||||
12 | (d) From time to time, the
Board shall transfer the | ||||||
13 | remainder of the funds
generated by this Act into the Education
| ||||||
14 | Assistance Fund, created by Public Act 86-0018, of the State of | ||||||
15 | Illinois.
| ||||||
16 | (e) Nothing in this Act shall prohibit the unit of local | ||||||
17 | government
designated as the home dock of the riverboat from | ||||||
18 | entering into agreements
with other units of local government | ||||||
19 | in this State or in other states to
share its portion of the | ||||||
20 | tax revenue.
| ||||||
21 | (f) To the extent practicable, the Board shall administer | ||||||
22 | and collect the
wagering taxes imposed by this Section in a | ||||||
23 | manner consistent with the
provisions of Sections 4, 5, 5a, 5b, | ||||||
24 | 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
6c, 8, 9, and 10 of the | ||||||
25 | Retailers' Occupation Tax Act and Section 3-7 of the
Uniform | ||||||
26 | Penalty and Interest Act.
|
| |||||||
| |||||||
1 | (Source: P.A. 95-331, eff. 8-21-07; 95-1008, eff. 12-15-08; | ||||||
2 | 96-37, eff. 7-13-09; 96-1392, eff. 1-1-11.)
| ||||||
3 | (230 ILCS 10/17) (from Ch. 120, par. 2417)
| ||||||
4 | Sec. 17. Administrative Procedures. The Illinois | ||||||
5 | Administrative Procedure
Act shall apply to all administrative | ||||||
6 | rules and procedures of the Board under
this Act or the Video | ||||||
7 | Gaming Act , except that: (1) subsection (b) of Section 5-10 of | ||||||
8 | the Illinois
Administrative Procedure Act does not apply to | ||||||
9 | final orders, decisions and
opinions of the Board; (2) | ||||||
10 | subsection (a) of Section 5-10 of the Illinois
Administrative | ||||||
11 | Procedure Act does not apply to forms established by the Board
| ||||||
12 | for use under this Act or the Video Gaming Act ; (3) the | ||||||
13 | provisions of Section 10-45 of the Illinois
Administrative | ||||||
14 | Procedure Act regarding proposals for decision are excluded
| ||||||
15 | under this Act or the Video Gaming Act ; and (4) the provisions | ||||||
16 | of subsection (d) of Section
10-65 of the Illinois | ||||||
17 | Administrative Procedure Act do not apply so as to
prevent | ||||||
18 | summary suspension of any license pending revocation or other | ||||||
19 | action,
which suspension shall remain in effect unless modified | ||||||
20 | by the Board or unless
the Board's decision is reversed on the | ||||||
21 | merits upon judicial review.
| ||||||
22 | (Source: P.A. 96-34, eff. 7-13-09.)
| ||||||
23 | Section 10. The Criminal Code of 1961 is amended by | ||||||
24 | changing Sections 28-1, 28-1.1, and 28-3 as follows:
|
| |||||||
| |||||||
1 | (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
| ||||||
2 | Sec. 28-1. Gambling.
| ||||||
3 | (a) A person commits gambling when he:
| ||||||
4 | (1) Plays a game of chance or skill for money or other | ||||||
5 | thing of
value, unless excepted in subsection (b) of this | ||||||
6 | Section; or
| ||||||
7 | (2) Makes a wager upon the result of any game, contest, | ||||||
8 | or any
political nomination, appointment or election; or
| ||||||
9 | (3) Operates, keeps, owns, uses, purchases, exhibits, | ||||||
10 | rents, sells,
bargains for the sale or lease of, | ||||||
11 | manufactures or distributes any
gambling device; or
| ||||||
12 | (4) Contracts to have or give himself or another the | ||||||
13 | option to buy
or sell, or contracts to buy or sell, at a | ||||||
14 | future time, any grain or
other commodity whatsoever, or | ||||||
15 | any stock or security of any company,
where it is at the | ||||||
16 | time of making such contract intended by both parties
| ||||||
17 | thereto that the contract to buy or sell, or the option, | ||||||
18 | whenever
exercised, or the contract resulting therefrom, | ||||||
19 | shall be settled, not by
the receipt or delivery of such | ||||||
20 | property, but by the payment only of
differences in prices | ||||||
21 | thereof; however, the issuance, purchase, sale,
exercise, | ||||||
22 | endorsement or guarantee, by or through a person registered
| ||||||
23 | with the Secretary of State pursuant to Section 8 of the | ||||||
24 | Illinois
Securities Law of 1953, or by or through a person | ||||||
25 | exempt from such
registration under said Section 8, of a |
| |||||||
| |||||||
1 | put, call, or other option to
buy or sell securities which | ||||||
2 | have been registered with the Secretary of
State or which | ||||||
3 | are exempt from such registration under Section 3 of the
| ||||||
4 | Illinois Securities Law of 1953 is not gambling within the | ||||||
5 | meaning of
this paragraph (4); or
| ||||||
6 | (5) Knowingly owns or possesses any book, instrument or | ||||||
7 | apparatus by
means of which bets or wagers have been, or | ||||||
8 | are, recorded or registered,
or knowingly possesses any | ||||||
9 | money which he has received in the course of
a bet or | ||||||
10 | wager; or
| ||||||
11 | (6) Sells pools upon the result of any game or contest | ||||||
12 | of skill or
chance, political nomination, appointment or | ||||||
13 | election; or
| ||||||
14 | (7) Sets up or promotes any lottery or sells, offers to | ||||||
15 | sell or
transfers any ticket or share for any lottery; or
| ||||||
16 | (8) Sets up or promotes any policy game or sells, | ||||||
17 | offers to sell or
knowingly possesses or transfers any | ||||||
18 | policy ticket, slip, record,
document or other similar | ||||||
19 | device; or
| ||||||
20 | (9) Knowingly drafts, prints or publishes any lottery | ||||||
21 | ticket or share,
or any policy ticket, slip, record, | ||||||
22 | document or similar device, except for
such activity | ||||||
23 | related to lotteries, bingo games and raffles authorized by
| ||||||
24 | and conducted in accordance with the laws of Illinois or | ||||||
25 | any other state or
foreign government; or
| ||||||
26 | (10) Knowingly advertises any lottery or policy game, |
| |||||||
| |||||||
1 | except for such
activity related to lotteries, bingo games | ||||||
2 | and raffles authorized by and
conducted in accordance with | ||||||
3 | the laws of Illinois or any other state; or
| ||||||
4 | (11) Knowingly transmits information as to wagers, | ||||||
5 | betting odds, or
changes in betting odds by telephone, | ||||||
6 | telegraph, radio, semaphore or
similar means; or knowingly | ||||||
7 | installs or maintains equipment for the
transmission or | ||||||
8 | receipt of such information; except that nothing in this
| ||||||
9 | subdivision (11) prohibits transmission or receipt of such | ||||||
10 | information
for use in news reporting of sporting events or | ||||||
11 | contests; or
| ||||||
12 | (12) Knowingly establishes, maintains, or operates an | ||||||
13 | Internet site that
permits a person to play a game of
| ||||||
14 | chance or skill for money or other thing of value by means | ||||||
15 | of the Internet or
to make a wager upon the
result of any | ||||||
16 | game, contest, political nomination, appointment, or
| ||||||
17 | election by means of the Internet. This item (12) does not | ||||||
18 | apply to activities referenced in items (6) and (6.1) of | ||||||
19 | subsection (b) of this Section.
| ||||||
20 | (b) Participants in any of the following activities shall | ||||||
21 | not be
convicted of gambling therefor:
| ||||||
22 | (1) Agreements to compensate for loss caused by the | ||||||
23 | happening of
chance including without limitation contracts | ||||||
24 | of indemnity or guaranty
and life or health or accident | ||||||
25 | insurance.
| ||||||
26 | (2) Offers of prizes, award or compensation to the |
| |||||||
| |||||||
1 | actual
contestants in any bona fide contest for the | ||||||
2 | determination of skill,
speed, strength or endurance or to | ||||||
3 | the owners of animals or vehicles
entered in such contest.
| ||||||
4 | (3) Pari-mutuel betting as authorized by the law of | ||||||
5 | this State.
| ||||||
6 | (4) Manufacture of gambling devices, including the | ||||||
7 | acquisition of
essential parts therefor and the assembly | ||||||
8 | thereof, for transportation in
interstate or foreign | ||||||
9 | commerce to any place outside this State when such
| ||||||
10 | transportation is not prohibited by any applicable Federal | ||||||
11 | law ; or the
manufacture, distribution, or possession of | ||||||
12 | video gaming terminals, as
defined in the Video Gaming Act, | ||||||
13 | by manufacturers, distributors, and
terminal operators | ||||||
14 | licensed to do so under the Video Gaming Act .
| ||||||
15 | (5) The game commonly known as "bingo", when conducted | ||||||
16 | in accordance
with the Bingo License and Tax Act.
| ||||||
17 | (6) Lotteries when conducted by the State of Illinois | ||||||
18 | in accordance
with the Illinois Lottery Law. This exemption | ||||||
19 | includes any activity conducted by the Department of | ||||||
20 | Revenue to sell lottery tickets pursuant to the provisions | ||||||
21 | of the Illinois Lottery Law and its rules.
| ||||||
22 | (6.1) The purchase of lottery tickets through the | ||||||
23 | Internet for a lottery conducted by the State of Illinois | ||||||
24 | under the program established in Section 7.12 of the | ||||||
25 | Illinois Lottery Law.
| ||||||
26 | (7) Possession of an antique slot machine that is |
| |||||||
| |||||||
1 | neither used nor
intended to be used in the operation or | ||||||
2 | promotion of any unlawful
gambling activity or enterprise. | ||||||
3 | For the purpose of this subparagraph
(b)(7), an antique | ||||||
4 | slot machine is one manufactured 25 years ago or earlier.
| ||||||
5 | (8) Raffles when conducted in accordance with the | ||||||
6 | Raffles Act.
| ||||||
7 | (9) Charitable games when conducted in accordance with | ||||||
8 | the Charitable
Games Act.
| ||||||
9 | (10) Pull tabs and jar games when conducted under the | ||||||
10 | Illinois Pull
Tabs and Jar Games Act.
| ||||||
11 | (11) Gambling games conducted on riverboats when
| ||||||
12 | authorized by the Riverboat Gambling Act.
| ||||||
13 | (12) (Blank) Video gaming terminal games at a licensed | ||||||
14 | establishment, licensed truck stop establishment,
licensed
| ||||||
15 | fraternal establishment, or licensed veterans | ||||||
16 | establishment when
conducted in accordance with the Video | ||||||
17 | Gaming Act . | ||||||
18 | (13) Games of skill or chance where money or other | ||||||
19 | things of value can be won but no payment or purchase is | ||||||
20 | required to participate. | ||||||
21 | (c) Sentence.
| ||||||
22 | Gambling under subsection (a)(1) or (a)(2) of this Section | ||||||
23 | is a
Class A misdemeanor. Gambling under any of subsections | ||||||
24 | (a)(3) through
(a)(11) of this Section is a Class A | ||||||
25 | misdemeanor. A second or
subsequent conviction under any of | ||||||
26 | subsections (a)(3) through (a)(11),
is a Class 4 felony. |
| |||||||
| |||||||
1 | Gambling under subsection (a)(12) of this Section is a
Class A
| ||||||
2 | misdemeanor. A second or subsequent conviction under | ||||||
3 | subsection (a)(12) is a
Class 4 felony.
| ||||||
4 | (d) Circumstantial evidence.
| ||||||
5 | In prosecutions under subsection (a)(1) through (a)(12) of
| ||||||
6 | this
Section circumstantial evidence shall have the same | ||||||
7 | validity and weight as
in any criminal prosecution.
| ||||||
8 | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; | ||||||
9 | 96-1203, eff. 7-22-10.)
| ||||||
10 | (720 ILCS 5/28-1.1)
(from Ch. 38, par. 28-1.1)
| ||||||
11 | Sec. 28-1.1. Syndicated gambling.
| ||||||
12 | (a) Declaration of Purpose. Recognizing the close | ||||||
13 | relationship between
professional gambling and other organized | ||||||
14 | crime, it is declared to be the
policy of the legislature to | ||||||
15 | restrain persons from engaging in the business
of gambling for | ||||||
16 | profit in this State. This Section shall be liberally
construed | ||||||
17 | and administered with a view to carrying out this policy.
| ||||||
18 | (b) A person commits syndicated gambling when he operates a | ||||||
19 | "policy
game" or engages in the business of bookmaking.
| ||||||
20 | (c) A person "operates a policy game" when he knowingly | ||||||
21 | uses any
premises or property for the purpose of receiving or | ||||||
22 | knowingly does
receive from what is commonly called "policy":
| ||||||
23 | (1) money from a person other than the better or player | ||||||
24 | whose
bets or plays are represented by such money; or
| ||||||
25 | (2) written "policy game" records, made or used over |
| |||||||
| |||||||
1 | any
period of time, from a person other than the better or | ||||||
2 | player whose bets
or plays are represented by such written | ||||||
3 | record.
| ||||||
4 | (d) A person engages in bookmaking when he receives or | ||||||
5 | accepts more
than five bets or wagers upon the result of any | ||||||
6 | trials or contests of
skill, speed or power of endurance or | ||||||
7 | upon any lot, chance, casualty,
unknown or contingent event | ||||||
8 | whatsoever, which bets or wagers shall be of
such size that the | ||||||
9 | total of the amounts of money paid or promised to be
paid to | ||||||
10 | such bookmaker on account thereof shall exceed $2,000.
| ||||||
11 | Bookmaking is the receiving or accepting of such bets or wagers
| ||||||
12 | regardless of the form or manner in which the bookmaker records | ||||||
13 | them.
| ||||||
14 | (e) Participants in any of the following activities shall | ||||||
15 | not be
convicted of syndicated gambling:
| ||||||
16 | (1) Agreements to compensate for loss caused by the | ||||||
17 | happening
of chance including without limitation contracts | ||||||
18 | of indemnity or
guaranty and life or health or accident | ||||||
19 | insurance; and
| ||||||
20 | (2) Offers of prizes, award or compensation to the | ||||||
21 | actual
contestants in any bona fide contest for the | ||||||
22 | determination of skill,
speed, strength or endurance or to | ||||||
23 | the owners of animals or vehicles
entered in such contest; | ||||||
24 | and
| ||||||
25 | (3) Pari-mutuel betting as authorized by law of this | ||||||
26 | State;
and
|
| |||||||
| |||||||
1 | (4) Manufacture of gambling devices, including the | ||||||
2 | acquisition
of essential parts therefor and the assembly | ||||||
3 | thereof, for transportation
in interstate or foreign | ||||||
4 | commerce to any place outside this State when
such | ||||||
5 | transportation is not prohibited by any applicable Federal | ||||||
6 | law; and
| ||||||
7 | (5) Raffles when conducted in accordance with the | ||||||
8 | Raffles Act; and
| ||||||
9 | (6) Gambling games conducted on riverboats when
| ||||||
10 | authorized by the Riverboat Gambling Act; and
| ||||||
11 | (7) (Blank) Video gaming terminal games at a licensed | ||||||
12 | establishment, licensed truck stop establishment,
licensed
| ||||||
13 | fraternal establishment, or licensed veterans | ||||||
14 | establishment
when conducted in accordance with the Video | ||||||
15 | Gaming Act .
| ||||||
16 | (f) Sentence. Syndicated gambling is a Class 3 felony.
| ||||||
17 | (Source: P.A. 96-34, eff. 7-13-09.)
| ||||||
18 | (720 ILCS 5/28-3)
(from Ch. 38, par. 28-3)
| ||||||
19 | Sec. 28-3. Keeping a Gambling Place. A "gambling place" is | ||||||
20 | any real
estate, vehicle, boat or any other property whatsoever | ||||||
21 | used for the
purposes of gambling other than gambling conducted | ||||||
22 | in the manner authorized
by the Riverboat Gambling Act or the | ||||||
23 | Video Gaming Act . Any person who
knowingly permits any premises
| ||||||
24 | or property owned or occupied by him or under his control to be | ||||||
25 | used as a
gambling place commits a Class A misdemeanor. Each |
| |||||||
| |||||||
1 | subsequent offense is a
Class 4 felony. When any premises is | ||||||
2 | determined by the circuit court to be
a gambling place:
| ||||||
3 | (a) Such premises is a public nuisance and may be proceeded | ||||||
4 | against as such,
and
| ||||||
5 | (b) All licenses, permits or certificates issued by the | ||||||
6 | State of
Illinois or any subdivision or public agency thereof | ||||||
7 | authorizing the
serving of food or liquor on such premises | ||||||
8 | shall be void; and no license,
permit or certificate so | ||||||
9 | cancelled shall be reissued for such premises for
a period of | ||||||
10 | 60 days thereafter; nor shall any person convicted of keeping a
| ||||||
11 | gambling place be reissued such license
for one year from his | ||||||
12 | conviction and, after a second conviction of keeping
a gambling | ||||||
13 | place, any such person shall not be reissued such license, and
| ||||||
14 | (c) Such premises of any person who knowingly permits | ||||||
15 | thereon a
violation of any Section of this Article shall be | ||||||
16 | held liable for, and may
be sold to pay any unsatisfied | ||||||
17 | judgment that may be recovered and any
unsatisfied fine that | ||||||
18 | may be levied under any Section of this Article.
| ||||||
19 | (Source: P.A. 96-34, eff. 7-13-09.)
| ||||||
20 | (30 ILCS 105/5.724 rep.) | ||||||
21 | Section 70. The State Finance Act is amended by repealing | ||||||
22 | Section 5.724.
| ||||||
23 | (230 ILCS 10/24 rep.) | ||||||
24 | Section 80. The Riverboat Gambling Act is amended by |
| |||||||
| |||||||
1 | repealing Section 24.
| ||||||
2 | (230 ILCS 40/Act rep.) | ||||||
3 | Section 90. The Video Gaming
Act is repealed.
| ||||||
4 | Section 99. Effective date. This Act takes effect upon | ||||||
5 | becoming law.".
|