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90_HB0117
230 ILCS 10/4 from Ch. 120, par. 2404
230 ILCS 10/11 from Ch. 120, par. 2411
230 ILCS 10/13 from Ch. 120, par. 2413
230 ILCS 10/12 rep.
Amends the Riverboat Gambling Act. Eliminates the
admission tax. Increases the wagering tax from 20% to 25%.
Creates a cruising season that runs from April 1 to October
31. Provides that dockside gambling may be conducted at a
riverboat at any time if that riverboat conducts at least 100
cruises during cruising season.
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1 AN ACT to amend the Riverboat Gambling Act by changing
2 Sections 4, 11, and 13 and repealing Section 12.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Riverboat Gambling Act is amended by
6 changing Sections 4, 11, and 13 as follows:
7 (230 ILCS 10/4) (from Ch. 120, par. 2404)
8 Sec. 4. Definitions. As used in this Act:
9 (a) "Board" means the Illinois Gaming Board.
10 (b) "Occupational license" means a license issued by the
11 Board to a person or entity to perform an occupation which
12 the Board has identified as requiring a license to engage in
13 riverboat gambling in Illinois.
14 (c) "Gambling game" includes, but is not limited to,
15 baccarat, twenty-one, poker, craps, slot machine, video game
16 of chance, roulette wheel, klondike table, punchboard, faro
17 layout, keno layout, numbers ticket, push card, jar ticket,
18 or pull tab which is authorized by the Board as a wagering
19 device under this Act.
20 (d) "Riverboat" means a self-propelled excursion boat on
21 which lawful gambling is authorized and licensed as provided
22 in this Act.
23 (e) "Gambling excursion" means the time during which
24 gambling games may be operated on a riverboat.
25 (f) "Dock" means the location where an excursion
26 riverboat moors for the purpose of embarking passengers for
27 and disembarking passengers from a gambling excursion.
28 (g) "Gross receipts" means the total amount of money
29 exchanged for the purchase of chips, tokens or electronic
30 cards by riverboat patrons.
31 (h) "Adjusted gross receipts" means the gross receipts
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1 less winnings paid to wagerers.
2 (i) "Cheat" means to alter the selection of criteria
3 which determine the result of a gambling game or the amount
4 or frequency of payment in a gambling game.
5 (j) "Department" means the Department of Revenue.
6 (k) "Gambling operation" means the conduct of authorized
7 gambling games upon a riverboat.
8 (l) "Cruising season" means the period beginning April 1
9 and ending October 31.
10 (m) "Off-season" means the period beginning November 1
11 and ending March 31.
12 (Source: P.A. 86-1029; 86-1389; 87-826.)
13 (230 ILCS 10/11) (from Ch. 120, par. 2411)
14 Sec. 11. Conduct of gambling.
15 (a) Gambling may be conducted by licensed owners aboard
16 riverboats, subject to the following standards:
17 (1) A licensee may not operate its riverboat during
18 the off-season unless it conducts at least one cruise per
19 day of a duration no less than 2 hours for at least 100
20 days during cruising season. The Board may grant a
21 waiver from this paragraph (1) to a licensee in its first
22 year of operation if the riverboat did not begin cruising
23 in time to qualify. No gambling may be conducted while a
24 riverboat is docked.
25 (1.1) During the cruising season and during the
26 off-season, a licensee may conduct gambling while its
27 riverboat is docked and permit passengers to embark and
28 disembark at any time.
29 (2) Riverboat cruises may not exceed 4 hours for a
30 round trip, with the exception of any extended cruises,
31 each of which shall be expressly approved by the Board.
32 (3) Minimum and maximum wagers on games shall be
33 set by the licensee.
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1 (4) Agents of the Board and the Department of State
2 Police may board and inspect any riverboat at any time
3 for the purpose of determining whether this Act is being
4 complied with. Every riverboat, if under way and being
5 hailed by a law enforcement officer or agent of the
6 Board, must stop immediately and lay to.
7 (5) Employees of the Board shall have the right to
8 be present on the riverboat or on adjacent facilities
9 under the control of the licensee.
10 (6) Gambling equipment and supplies customarily
11 used in conducting riverboat gambling must be purchased
12 or leased only from suppliers licensed for such purpose
13 under this Act.
14 (7) Persons licensed under this Act shall permit no
15 form of wagering on gambling games except as permitted by
16 this Act.
17 (8) Wagers may be received only from a person
18 present on a licensed riverboat. No person present on a
19 licensed riverboat shall place or attempt to place a
20 wager on behalf of another person who is not present on
21 the riverboat.
22 (9) Wagering shall not be conducted with money or
23 other negotiable currency.
24 (10) A person under age 21 shall not be permitted
25 on an area of a riverboat where gambling is being
26 conducted, except for a person at least 18 years of age
27 who is an employee of the riverboat gambling operation.
28 No employee under age 21 shall perform any function
29 involved in gambling by the patrons. No person under age
30 21 shall be permitted to make a wager under this Act.
31 (11) Gambling excursion cruises are permitted only
32 when the navigable stream for which the riverboat is
33 licensed is navigable, as determined by the Board in
34 consultation with the U.S. Army Corps of Engineers.
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1 (12) All tokens, chips or electronic cards used to
2 make wagers must be purchased from a licensed owner
3 either aboard a riverboat or at an onshore facility which
4 has been approved by the Board and which is located where
5 the riverboat docks. The tokens, chips or electronic
6 cards may be purchased by means of an agreement under
7 which the owner extends credit to the patron. Such
8 tokens, chips or electronic cards may be used while
9 aboard the riverboat only for the purpose of making
10 wagers on gambling games.
11 (13) Notwithstanding any other Section of this Act,
12 in addition to the other licenses authorized under this
13 Act, the Board may issue special event licenses allowing
14 persons who are not otherwise licensed to conduct
15 riverboat gambling to conduct such gambling on a
16 specified date or series of dates. Riverboat gambling
17 under such a license may take place on a riverboat not
18 normally used for riverboat gambling. The Board shall
19 establish standards, fees and fines for, and limitations
20 upon, such licenses, which may differ from the standards,
21 fees, fines and limitations otherwise applicable under
22 this Act. All such fees shall be deposited into the
23 State Gaming Fund. All such fines shall be deposited
24 into the Education Assistance Fund, created by Public Act
25 86-0018, of the State of Illinois.
26 (14) In addition to the above, gambling must be
27 conducted in accordance with all rules adopted by the
28 Board.
29 (b) Licensed owners may conduct gambling aboard
30 riverboats 24 hours per day and may conduct an unlimited
31 number of cruises each day.
32 (Source: P.A. 86-1029; 86-1389; 87-826.)
33 (230 ILCS 10/13) (from Ch. 120, par. 2413)
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1 Sec. 13. Wagering tax; Rate; Distribution.
2 (a) Until the effective date of this amendatory Act of
3 1997, a tax is imposed on the adjusted gross receipts
4 received from gambling games authorized under this Act at the
5 rate of 20%. The taxes imposed by this Section shall be paid
6 by the licensed owner to the Board after the close of the day
7 when the wagers were made.
8 (a-5) Beginning on the effective date of this amendatory
9 Act of 1997, a tax is imposed on the adjusted gross receipts
10 received from gambling games authorized under this Act at the
11 rate of 25%. The taxes imposed by this Section shall be paid
12 by the licensed owner to the Board after the close of the day
13 when the wagers were made.
14 (b) Twenty-five percent (25%) of the tax revenue
15 deposited in the State Gaming Fund under this Section shall
16 be paid, subject to appropriation by the General Assembly, to
17 the unit of local government which is designated as the home
18 dock of the riverboat.
19 (c) Appropriations, as approved by the General Assembly,
20 may be made from the State Gaming Fund to the Department of
21 Revenue and the Department of State Police for the
22 administration and enforcement of this Act.
23 (d) From time to time, the Board shall transfer the
24 remainder of the funds generated by this Act into the
25 Education Assistance Fund, created by Public Act 86-0018, of
26 the State of Illinois.
27 (e) Nothing in this Act shall prohibit the unit of local
28 government designated as the home dock of the riverboat from
29 entering into agreements with other units of local government
30 in this State or in other states to share its portion of the
31 tax revenue.
32 (Source: P.A. 88-670, eff. 12-2-94; 89-21, eff. 7-1-95.)
33 (230 ILCS 10/12 rep.)
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1 Section 10. The Riverboat Gambling Act is amended by
2 repealing Section 12.