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90_SB0493ccr001
LRB9002838WHdvccr
1 90TH GENERAL ASSEMBLY
2 CONFERENCE COMMITTEE REPORT
3 ON SENATE BILL 493
4 -------------------------------------------------------------
5 -------------------------------------------------------------
6 To the President of the Senate and the Speaker of the
7 House of Representatives:
8 We, the conference committee appointed to consider the
9 differences between the houses in relation to House Amendment
10 No. 1 to Senate Bill 493, recommend the following:
11 (1) that the House recede from House Amendment No. 1;
12 and
13 (2) that Senate Bill 493 be amended by replacing the
14 title with the following:
15 "AN ACT to amend the Riverboat Gambling Act by changing
16 the title of the Act and Sections 4, 5, 6, 7, 11, 12, and 18
17 and adding Sections 3.5 and 11.2."; and
18 by replacing everything after the enacting clause with the
19 following:
20 "Section 5. The Riverboat Gambling Act is amended by
21 changing the title of the Act, changing Sections 4, 5, 6, 7,
22 11, 12, and 18 and adding Sections 3.5 and 11.2 as follows:
23 (230 ILCS 10/Act title)
24 An Act to authorize certain forms of gambling on
25 excursion gambling boats.
26 (Source: P.A. 86-1029.)
27 (230 ILCS 10/3.5 new)
28 Sec. 3.5. Referendum to eliminate cruising requirement.
29 A licensee shall not be required to conduct cruises in order
30 to conduct gambling under this Act if the municipality where
31 the riverboat docks or the county where the riverboat docks
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1 if it does not dock within a municipality submits an advisory
2 question to the voters of the municipality or county, as the
3 case may be, of whether a licensee shall be permitted to
4 conduct gambling without conducting cruises and a majority
5 of the voters voting in the election vote in favor of
6 authorizing a licensee to conduct gambling without conducting
7 cruises.
8 (230 ILCS 10/4) (from Ch. 120, par. 2404)
9 Sec. 4. Definitions. As used in this Act:
10 (a) "Board" means the Illinois Gaming Board.
11 (b) "Occupational license" means a license issued by the
12 Board to a person or entity to perform an occupation which
13 the Board has identified as requiring a license to engage in
14 riverboat gambling in Illinois.
15 (c) "Gambling game" includes, but is not limited to,
16 baccarat, twenty-one, poker, craps, slot machine, video game
17 of chance, roulette wheel, klondike table, punchboard, faro
18 layout, keno layout, numbers ticket, push card, jar ticket,
19 or pull tab which is authorized by the Board as a wagering
20 device under this Act.
21 (d) "Riverboat" means a self-propelled excursion boat or
22 a permanently moored barge on which lawful gambling is
23 authorized and licensed as provided in this Act.
24 (e) (Blank). "Gambling excursion" means the time during
25 which gambling games may be operated on a riverboat.
26 (f) "Dock" means the location where a an excursion
27 riverboat moors for the purpose of embarking passengers for
28 and disembarking passengers from the riverboat a gambling
29 excursion.
30 (g) "Gross receipts" means the total amount of money
31 exchanged for the purchase of chips, tokens or electronic
32 cards by riverboat patrons.
33 (h) "Adjusted gross receipts" means the gross receipts
34 less winnings paid to wagerers.
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1 (i) "Cheat" means to alter the selection of criteria
2 which determine the result of a gambling game or the amount
3 or frequency of payment in a gambling game.
4 (j) "Department" means the Department of Revenue.
5 (k) "Gambling operation" means the conduct of authorized
6 gambling games upon a riverboat.
7 (Source: P.A. 86-1029; 86-1389; 87-826.)
8 (230 ILCS 10/5) (from Ch. 120, par. 2405)
9 Sec. 5. Gaming Board.
10 (a) (1) There is hereby established within the
11 Department of Revenue an Illinois Gaming Board which shall
12 have the powers and duties specified in this Act, and all
13 other powers necessary and proper to fully and effectively
14 execute this Act for the purpose of administering,
15 regulating, and enforcing the system of riverboat gambling
16 established by this Act. Its jurisdiction shall extend under
17 this Act to every person, association, corporation,
18 partnership and trust involved in riverboat gambling
19 operations in the State of Illinois.
20 (2) The Board shall consist of 5 members to be appointed
21 by the Governor with the advice and consent of the Senate,
22 one of whom shall be designated by the Governor to be
23 chairman. Each member shall have a reasonable knowledge of
24 the practice, procedure and principles of gambling
25 operations. Each member shall either be a resident of
26 Illinois or shall certify that he will become a resident of
27 Illinois before taking office. At least one member shall be
28 experienced in law enforcement and criminal investigation, at
29 least one member shall be a certified public accountant
30 experienced in accounting and auditing, and at least one
31 member shall be a lawyer licensed to practice law in
32 Illinois.
33 (3) The terms of office of the Board members shall be 3
34 years, except that the terms of office of the initial Board
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1 members appointed pursuant to this Act will commence from the
2 effective date of this Act and run as follows: one for a
3 term ending July 1, 1991, 2 for a term ending July 1, 1992,
4 and 2 for a term ending July 1, 1993. Upon the expiration of
5 the foregoing terms, the successors of such members shall
6 serve a term for 3 years and until their successors are
7 appointed and qualified for like terms. Vacancies in the
8 Board shall be filled for the unexpired term in like manner
9 as original appointments. Each member of the Board shall be
10 eligible for reappointment at the discretion of the Governor
11 with the advice and consent of the Senate.
12 (4) Each member of the Board shall receive $300 for each
13 day the Board meets and for each day the member conducts any
14 hearing pursuant to this Act. Each member of the Board shall
15 also be reimbursed for all actual and necessary expenses and
16 disbursements incurred in the execution of official duties.
17 (5) No person shall be appointed a member of the Board
18 or continue to be a member of the Board who is, or whose
19 spouse, child or parent is, a member of the board of
20 directors of, or a person financially interested in, any
21 gambling operation subject to the jurisdiction of this Board,
22 or any race track, race meeting, racing association or the
23 operations thereof subject to the jurisdiction of the
24 Illinois Racing Board. No Board member shall hold any other
25 public office for which he shall receive compensation other
26 than necessary travel or other incidental expenses. No
27 person shall be a member of the Board who is not of good
28 moral character or who has been convicted of, or is under
29 indictment for, a felony under the laws of Illinois or any
30 other state, or the United States.
31 (6) Any member of the Board may be removed by the
32 Governor for neglect of duty, misfeasance, malfeasance, or
33 nonfeasance in office.
34 (7) Before entering upon the discharge of the duties of
35 his office, each member of the Board shall take an oath that
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1 he will faithfully execute the duties of his office according
2 to the laws of the State and the rules and regulations
3 adopted therewith and shall give bond to the State of
4 Illinois, approved by the Governor, in the sum of $25,000.
5 Every such bond, when duly executed and approved, shall be
6 recorded in the office of the Secretary of State. Whenever
7 the Governor determines that the bond of any member of the
8 Board has become or is likely to become invalid or
9 insufficient, he shall require such member forthwith to renew
10 his bond, which is to be approved by the Governor. Any
11 member of the Board who fails to take oath and give bond
12 within 30 days from the date of his appointment, or who fails
13 to renew his bond within 30 days after it is demanded by the
14 Governor, shall be guilty of neglect of duty and may be
15 removed by the Governor. The cost of any bond given by any
16 member of the Board under this Section shall be taken to be a
17 part of the necessary expenses of the Board.
18 (8) Upon the request of the Board, the Department shall
19 employ such personnel as may be necessary to carry out the
20 functions of the Board. No person shall be employed to serve
21 the Board who is, or whose spouse, parent or child is, an
22 official of, or has a financial interest in or financial
23 relation with, any operator engaged in gambling operations
24 within this State or any organization engaged in conducting
25 horse racing within this State. Any employee violating these
26 prohibitions shall be subject to termination of employment.
27 (9) An Administrator shall perform any and all duties
28 that the Board shall assign him. The salary of the
29 Administrator shall be determined by the Board and approved
30 by the Director of the Department and, in addition, he shall
31 be reimbursed for all actual and necessary expenses incurred
32 by him in discharge of his official duties. The
33 Administrator shall keep records of all proceedings of the
34 Board and shall preserve all records, books, documents and
35 other papers belonging to the Board or entrusted to its care.
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1 The Administrator shall devote his full time to the duties of
2 the office and shall not hold any other office or employment.
3 (b) The Board shall have general responsibility for the
4 implementation of this Act. Its duties include, without
5 limitation, the following:
6 (1) To decide promptly and in reasonable order all
7 license applications. Any party aggrieved by an action of
8 the Board denying, suspending, revoking, restricting or
9 refusing to renew a license may request a hearing before
10 the Board. A request for a hearing must be made to the
11 Board in writing within 5 days after service of notice of
12 the action of the Board. Notice of the action of the
13 Board shall be served either by personal delivery or by
14 certified mail, postage prepaid, to the aggrieved party.
15 Notice served by certified mail shall be deemed complete
16 on the business day following the date of such mailing.
17 The Board shall conduct all requested hearings promptly
18 and in reasonable order;
19 (2) To conduct all hearings pertaining to civil
20 violations of this Act or rules and regulations
21 promulgated hereunder;
22 (3) To promulgate such rules and regulations as in
23 its judgment may be necessary to protect or enhance the
24 credibility and integrity of gambling operations
25 authorized by this Act and the regulatory process
26 hereunder;
27 (4) To provide for the establishment and collection
28 of all license and registration fees and taxes imposed by
29 this Act and the rules and regulations issued pursuant
30 hereto. All such fees and taxes shall be deposited into
31 the State Gaming Fund;
32 (5) To provide for the levy and collection of
33 penalties and fines for the violation of provisions of
34 this Act and the rules and regulations promulgated
35 hereunder. All such fines and penalties shall be
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1 deposited into the Education Assistance Fund, created by
2 Public Act 86-0018, of the State of Illinois;
3 (6) To be present through its inspectors and agents
4 any time gambling operations are conducted on any
5 riverboat for the purpose of certifying the revenue
6 thereof, receiving complaints from the public, and
7 conducting such other investigations into the conduct of
8 the gambling games and the maintenance of the equipment
9 as from time to time the Board may deem necessary and
10 proper;
11 (7) To review and rule upon any complaint by a
12 licensee regarding any investigative procedures of the
13 State which are unnecessarily disruptive of gambling
14 operations. The need to inspect and investigate shall be
15 presumed at all times. The disruption of a licensee's
16 operations shall be proved by clear and convincing
17 evidence, and establish that: (A) the procedures had no
18 reasonable law enforcement purposes, and (B) the
19 procedures were so disruptive as to unreasonably inhibit
20 gambling operations;
21 (8) To hold at least one meeting each quarter of
22 the fiscal year. In addition, special meetings may be
23 called by the Chairman or any 2 Board members upon 72
24 hours written notice to each member. All Board meetings
25 shall be subject to the Open Meetings Act. Three members
26 of the Board shall constitute a quorum, and 3 votes shall
27 be required for any final determination by the Board.
28 The Board shall keep a complete and accurate record of
29 all its meetings. A majority of the members of the Board
30 shall constitute a quorum for the transaction of any
31 business, for the performance of any duty, or for the
32 exercise of any power which this Act requires the Board
33 members to transact, perform or exercise en banc, except
34 that, upon order of the Board, one of the Board members
35 or an administrative law judge designated by the Board
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1 may conduct any hearing provided for under this Act or by
2 Board rule and may recommend findings and decisions to
3 the Board. The Board member or administrative law judge
4 conducting such hearing shall have all powers and rights
5 granted to the Board in this Act. The record made at the
6 time of the hearing shall be reviewed by the Board, or a
7 majority thereof, and the findings and decision of the
8 majority of the Board shall constitute the order of the
9 Board in such case;
10 (9) To maintain records which are separate and
11 distinct from the records of any other State board or
12 commission. Such records shall be available for public
13 inspection and shall accurately reflect all Board
14 proceedings;
15 (10) To file a written annual report with the
16 Governor on or before March 1 each year and such
17 additional reports as the Governor may request. The
18 annual report shall include a statement of receipts and
19 disbursements by the Board, actions taken by the Board,
20 and any additional information and recommendations which
21 the Board may deem valuable or which the Governor may
22 request;
23 (11) (Blank) To review the patterns of wagering and
24 wins and losses by persons on riverboat gambling
25 operations under this Act, and make recommendation to the
26 Governor and the General Assembly, by January 31, 1992,
27 as to whether limits on wagering losses should be
28 imposed; and
29 (12) To assume responsibility for the
30 administration and enforcement of the Bingo License and
31 Tax Act, the Charitable Games Act, and the Pull Tabs and
32 Jar Games Act if such responsibility is delegated to it
33 by the Director of Revenue.
34 (c) The Board shall have jurisdiction over and shall
35 supervise all gambling operations governed by this Act. The
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1 Board shall have all powers necessary and proper to fully and
2 effectively execute the provisions of this Act, including,
3 but not limited to, the following:
4 (1) To investigate applicants and determine the
5 eligibility of applicants for licenses and to select
6 among competing applicants the applicants which best
7 serve the interests of the citizens of Illinois.
8 (2) To have jurisdiction and supervision over all
9 riverboat gambling operations in this State and all
10 persons on riverboats where gambling operations are
11 conducted.
12 (3) To promulgate rules and regulations for the
13 purpose of administering the provisions of this Act and
14 to prescribe rules, regulations and conditions under
15 which all riverboat gambling in the State shall be
16 conducted. Such rules and regulations are to provide for
17 the prevention of practices detrimental to the public
18 interest and for the best interests of riverboat
19 gambling, including rules and regulations regarding the
20 inspection of such riverboats and the review of any
21 permits or licenses necessary to operate a riverboat
22 under any laws or regulations applicable to riverboats,
23 and to impose penalties for violations thereof.
24 (4) To enter the office, riverboats, facilities, or
25 other places of business of a licensee, where evidence of
26 the compliance or noncompliance with the provisions of
27 this Act is likely to be found.
28 (5) To investigate alleged violations of this Act
29 or the rules of the Board and to take appropriate
30 disciplinary action against a licensee or a holder of an
31 occupational license for a violation, or institute
32 appropriate legal action for enforcement, or both.
33 (6) To adopt standards for the licensing of all
34 persons under this Act, as well as for electronic or
35 mechanical gambling games, and to establish fees for such
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1 licenses.
2 (7) To adopt appropriate standards for all
3 riverboats and facilities.
4 (8) To require that the records, including
5 financial or other statements of any licensee under this
6 Act, shall be kept in such manner as prescribed by the
7 Board and that any such licensee involved in the
8 ownership or management of gambling operations submit to
9 the Board an annual balance sheet and profit and loss
10 statement, list of the stockholders or other persons
11 having a 1% or greater beneficial interest in the
12 gambling activities of each licensee, and any other
13 information the Board deems necessary in order to
14 effectively administer this Act and all rules,
15 regulations, orders and final decisions promulgated under
16 this Act.
17 (9) To conduct hearings, issue subpoenas for the
18 attendance of witnesses and subpoenas duces tecum for the
19 production of books, records and other pertinent
20 documents in accordance with the Illinois Administrative
21 Procedure Act, and to administer oaths and affirmations
22 to the witnesses, when, in the judgment of the Board, it
23 is necessary to administer or enforce this Act or the
24 Board rules.
25 (10) To prescribe a form to be used by any licensee
26 involved in the ownership or management of gambling
27 operations as an application for employment for their
28 employees.
29 (11) To revoke or suspend licenses, as the Board
30 may see fit and in compliance with applicable laws of the
31 State regarding administrative procedures, and to review
32 applications for the renewal of licenses. The Board may
33 suspend an owners license, without notice or hearing upon
34 a determination that the safety or health of patrons or
35 employees is jeopardized by continuing a riverboat's
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1 operation. The suspension may remain in effect until the
2 Board determines that the cause for suspension has been
3 abated. The Board may revoke the owners license upon a
4 determination that the owner has not made satisfactory
5 progress toward abating the hazard.
6 (12) To eject or exclude or authorize the ejection
7 or exclusion of, any person from riverboat gambling
8 facilities where such person is in violation of this Act,
9 rules and regulations thereunder, or final orders of the
10 Board, or where such person's conduct or reputation is
11 such that his presence within the riverboat gambling
12 facilities may, in the opinion of the Board, call into
13 question the honesty and integrity of the gambling
14 operations or interfere with orderly conduct thereof;
15 provided that the propriety of such ejection or exclusion
16 is subject to subsequent hearing by the Board.
17 (13) To require all licensees of gambling
18 operations to utilize a cashless wagering system whereby
19 all players' money is converted to tokens, electronic
20 cards, or chips which shall be used only for wagering in
21 the gambling establishment.
22 (14) To authorize the routes of a riverboat and the
23 stops which a riverboat may make.
24 (15) To suspend, revoke or restrict licenses, to
25 require the removal of a licensee or an employee of a
26 licensee for a violation of this Act or a Board rule or
27 for engaging in a fraudulent practice, and to impose
28 civil penalties of up to $5,000 against individuals and
29 up to $10,000 or an amount equal to the daily gross
30 receipts, whichever is larger, against licensees for each
31 violation of any provision of the Act, any rules adopted
32 by the Board, any order of the Board or any other action
33 which, in the Board's discretion, is a detriment or
34 impediment to riverboat gambling operations.
35 (16) To hire employees to gather information,
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1 conduct investigations and carry out any other tasks
2 contemplated under this Act.
3 (17) To establish minimum levels of insurance to be
4 maintained by licensees.
5 (18) To authorize a licensee to sell or serve
6 alcoholic liquors, wine or beer as defined in the Liquor
7 Control Act of 1934 on board a riverboat and to have
8 exclusive authority to establish the hours for sale and
9 consumption of alcoholic liquor on board a riverboat,
10 notwithstanding any provision of the Liquor Control Act
11 of 1934 or any local ordinance, and regardless of whether
12 the riverboat makes excursions. The establishment of the
13 hours for sale and consumption of alcoholic liquor on
14 board a riverboat is an exclusive power and function of
15 the State. A home rule unit may not establish the hours
16 for sale and consumption of alcoholic liquor on board a
17 riverboat. This amendatory Act of 1991 is a denial and
18 limitation of home rule powers and functions under
19 subsection (h) of Section 6 of Article VII of the
20 Illinois Constitution.
21 (19) After consultation with the U.S. Army Corps of
22 Engineers, to establish binding emergency orders upon the
23 concurrence of a majority of the members of the Board
24 regarding the navigability of rivers in the event of
25 extreme weather conditions, acts of God or other extreme
26 circumstances.
27 (20) To delegate the execution of any of its powers
28 under this Act for the purpose of administering and
29 enforcing this Act and its rules and regulations
30 hereunder.
31 (21) To take any other action as may be reasonable
32 or appropriate to enforce this Act and rules and
33 regulations hereunder.
34 (22) To make rules concerning the conduct of
35 dockside gambling under this Act.
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1 (23) To make rules concerning relocation of a home
2 dock pursuant to Section 11.2.
3 (24) To make rules authorizing continuous ingress
4 and egress of passengers on riverboats that are
5 conducting dockside gambling.
6 (d) The Board may seek and shall receive the cooperation
7 of the Department of State Police in conducting background
8 investigations of applicants and in fulfilling its
9 responsibilities under this Section. Costs incurred by the
10 Department of State Police as a result of such cooperation
11 shall be paid by the Board in conformance with the
12 requirements of subsection 22 of Section 55a of The Civil
13 Administrative Code of Illinois.
14 (Source: P.A. 86-1029; 86-1389; 87-826.)
15 (230 ILCS 10/6) (from Ch. 120, par. 2406)
16 Sec. 6. Application for Owners License.
17 (a) A qualified person may apply to the Board for an
18 owners license to conduct a riverboat gambling operation as
19 provided in this Act. The application shall be made on forms
20 provided by the Board and shall contain such information as
21 the Board prescribes, including but not limited to the
22 identity of the riverboat on which such gambling operation is
23 to be conducted and the exact location where such riverboat
24 will be docked, a certification that the riverboat will be
25 registered under this Act at all times during which gambling
26 operations are conducted on board, detailed information
27 regarding the ownership and management of the applicant, and
28 detailed personal information regarding the applicant.
29 Information provided on the application shall be used as a
30 basis for a thorough background investigation which the Board
31 shall conduct with respect to each applicant. An incomplete
32 application shall be cause for denial of a license by the
33 Board.
34 (b) Applicants shall submit with their application all
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1 documents, resolutions, and letters of support from the
2 governing body that represents the municipality or county
3 wherein the licensee will dock.
4 (c) Each applicant shall disclose the identity of every
5 person, association, trust or corporation having a greater
6 than 1% direct or indirect pecuniary interest in the
7 riverboat gambling operation with respect to which the
8 license is sought. If the disclosed entity is a trust, the
9 application shall disclose the names and addresses of the
10 beneficiaries; if a corporation, the names and addresses of
11 all stockholders and directors; if a partnership, the names
12 and addresses of all partners, both general and limited.
13 (d) An application shall be filed with the Board by
14 January 1 of the year preceding any calendar year for which
15 an applicant seeks an owners license; however, applications
16 for an owners license permitting operations on January 1,
17 1991 shall be filed by July 1, 1990. An application fee of
18 $50,000 shall be paid at the time of filing to defray the
19 costs associated with the background investigation conducted
20 by the Board. If the costs of the investigation exceed
21 $50,000, the applicant shall pay the additional amount to the
22 Board. If the costs of the investigation are less than
23 $50,000, the applicant shall receive a refund of the
24 remaining amount. All information, records, interviews,
25 reports, statements, memoranda or other data supplied to or
26 used by the Board in the course of its review or
27 investigation of an application for a license under this Act
28 shall be privileged, strictly confidential and shall be used
29 only for the purpose of evaluating an applicant. Such
30 information, records, interviews, reports, statements,
31 memoranda or other data shall not be admissible as evidence,
32 nor discoverable in any action of any kind in any court or
33 before any tribunal, board, agency or person, except for any
34 action deemed necessary by the Board.
35 (e) The Board shall charge each applicant a fee set by
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1 the Department of State Police to defray the costs associated
2 with the search and classification of fingerprints obtained
3 by the Board with respect to the applicant's application.
4 These fees shall be paid into the State Police Services Fund.
5 (f) The licensed owner shall be the person primarily
6 responsible for the boat itself. Only one riverboat gambling
7 operation may be authorized by the Board on any riverboat.
8 The applicant must identify each riverboat it intends to use
9 and certify that the riverboat: (1) has the authorized
10 capacity required in this Act; (2) is accessible to disabled
11 persons; (3) is either a replica of a 19th century Illinois
12 riverboat or of a casino cruise ship design, but it need not
13 be self-propelled and may be a permanently moored barge; and
14 (4) is fully registered and licensed in accordance with any
15 applicable laws.
16 (g) A person who knowingly makes a false statement on an
17 application is guilty of a Class A misdemeanor.
18 (Source: P.A. 86-1029; 86-1389.)
19 (230 ILCS 10/7) (from Ch. 120, par. 2407)
20 Sec. 7. Owners Licenses.
21 (a) The Board shall issue owners licenses to persons,
22 firms or corporations which apply for such licenses upon
23 payment to the Board of the non-refundable license fee set by
24 the Board, upon payment of a $25,000 license fee for the
25 first year of operation and a $5,000 license fee for each
26 succeeding year and upon a determination by the Board that
27 the applicant is eligible for an owners license pursuant to
28 this Act and the rules of the Board. A person, firm or
29 corporation is ineligible to receive an owners license if:
30 (1) the person has been convicted of a felony under
31 the laws of this State, any other state, or the United
32 States;
33 (2) the person has been convicted of any violation
34 of Article 28 of the Criminal Code of 1961, or
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1 substantially similar laws of any other jurisdiction;
2 (3) the person has submitted an application for a
3 license under this Act which contains false information;
4 (4) the person is a member of the Board;
5 (5) a person defined in (1), (2), (3) or (4) is an
6 officer, director or managerial employee of the firm or
7 corporation;
8 (6) the firm or corporation employs a person
9 defined in (1), (2), (3) or (4) who participates in the
10 management or operation of gambling operations authorized
11 under this Act;
12 (7) the person, firm or corporation owns more than
13 a 10% ownership interest in any entity holding an owners
14 license issued under this Act; or
15 (8) a license of the person, firm or corporation
16 issued under this Act, or a license to own or operate
17 gambling facilities in any other jurisdiction, has been
18 revoked.
19 (b) In determining whether to grant an owners license to
20 an applicant and in determining whether to permit a licensee
21 to relocate its home dock, the Board shall consider:
22 (1) the character, reputation, experience and
23 financial integrity of the applicants and of any other or
24 separate person that either:
25 (A) controls, directly or indirectly, such
26 applicant, or
27 (B) is controlled, directly or indirectly, by
28 such applicant or by a person which controls,
29 directly or indirectly, such applicant;
30 (2) the facilities or proposed facilities for the
31 conduct of riverboat gambling;
32 (3) the highest prospective total revenue to be
33 derived by the State from the conduct of riverboat
34 gambling;
35 (4) the good faith affirmative action plan of each
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1 applicant to recruit, train and upgrade minorities in all
2 employment classifications;
3 (5) the financial ability of the applicant to
4 purchase and maintain adequate liability and casualty
5 insurance;
6 (6) whether the applicant has adequate
7 capitalization to provide and maintain, for the duration
8 of a license, a riverboat; and
9 (7) the extent to which the applicant exceeds or
10 meets other standards for the issuance of an owners
11 license which the Board may adopt by rule.
12 (c) Each owners license shall specify the place where
13 riverboats shall operate and dock.
14 (d) Each applicant shall submit with his application, on
15 forms provided by the Board, 2 sets of his fingerprints.
16 (e) The Board may issue up to 10 licenses authorizing
17 the holders of such licenses to own riverboats. In the
18 application for an owners license, the applicant shall state
19 the dock at which the riverboat is based and the navigable
20 stream on which the riverboat will operate. The Board shall
21 issue 5 licenses to become effective not earlier than January
22 1, 1991. Four of such licenses shall authorize riverboat
23 gambling on the Mississippi River, one of which shall
24 authorize riverboat gambling from a home dock in the city of
25 East St. Louis. The other license shall authorize riverboat
26 gambling on the Illinois River south of Marshall County. The
27 Board shall issue 1 additional license to become effective
28 not earlier than March 1, 1992, which shall authorize
29 riverboat gambling on the Des Plaines River in Will County.
30 The Board may issue 4 additional licenses to become effective
31 not earlier than March 1, 1992. In determining the navigable
32 streams upon which riverboats will operate with licenses
33 effective on or after March 1, 1992, the Board shall consider
34 the economic benefit which riverboat gambling confers on the
35 State, and shall seek to assure that all regions of the State
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1 share in the economic benefits of riverboat gambling.
2 In granting all licenses, the Board may give favorable
3 consideration to economically depressed areas of the State,
4 to applicants presenting plans which provide for significant
5 economic development over a large geographic area, and to
6 applicants who currently operate non-gambling riverboats in
7 Illinois. The Board shall review all applications for owners
8 licenses, and shall inform each applicant of the Board's
9 decision.
10 The Board may revoke the owners license of a licensee
11 which fails to begin conducting gambling regular riverboat
12 cruises within 12 months of receipt of the Board's approval
13 of the application if the Board determines that license
14 revocation is in the best interests of the State.
15 (f) The first 10 owners licenses issued under this Act
16 shall permit the holder to own up to 2 riverboats and
17 equipment thereon for a period of 3 years after the effective
18 date of the license. Holders of the first 10 owners licenses
19 must pay the annual license fee for each of the 3 years
20 during which they are authorized to own riverboats.
21 (g) Upon the termination, expiration, or revocation of
22 each of the first 10 licenses, which shall be issued for a 3
23 year period, all licenses are renewable annually upon payment
24 of the fee and a determination by the Board that the licensee
25 continues to meet all of the requirements of this Act and the
26 Board's rules. However, for licenses renewed on or after
27 June 1, 1998, renewal shall be for a period of 4 years,
28 unless the Board sets a shorter period.
29 (h) An owners license shall entitle the licensee to own
30 up to 2 riverboats. A licensee shall limit the number of
31 gambling participants to 1,200 for any such owners license.
32 Riverboats licensed to operate on the Mississippi River and
33 the Illinois River south of Marshall County shall have an
34 authorized capacity of at least 500 persons. Any other
35 riverboat licensed under this Act shall have an authorized
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1 capacity of at least 400 persons.
2 (i) A licensed owner is authorized to apply to the Board
3 for and, if approved therefor, to receive all licenses from
4 the Board necessary for the operation of a riverboat,
5 including a liquor license, a license to prepare and serve
6 food for human consumption, and other necessary licenses.
7 All use, occupation and excise taxes which apply to the sale
8 of food and beverages in this State and all taxes imposed on
9 the sale or use of tangible personal property apply to such
10 sales aboard the riverboat.
11 (j) None of the first 5 licenses issued by the Board to
12 become effective not earlier than January 1, 1991 shall
13 authorize a riverboat to dock in a municipality with a
14 population of under 2,000; however, this restriction does not
15 apply to any additional licenses issued by the Board to
16 become effective not earlier than March 1, 1992. The Board
17 may issue a license authorizing a riverboat to dock in a
18 municipality or approve a relocation only if, prior to the
19 issuance of the license or approval, the governing body of
20 the municipality in which the riverboat will dock has by a
21 majority vote approved the docking of riverboats in the
22 municipality. The Board may issue a license authorizing a
23 riverboat to dock in areas of a county outside any
24 municipality or approve a relocation only if, prior to the
25 issuance of the license or approval, the governing body of
26 the county has by a majority vote approved of the docking of
27 riverboats within such areas.
28 (k) Nothing in this Act shall be interpreted to prohibit
29 a licensed owner from operating a school for the training of
30 any occupational licensee.
31 (Source: P.A. 86-1029; 86-1389; 86-1475; 87-826.)
32 (230 ILCS 10/11) (from Ch. 120, par. 2411)
33 Sec. 11. Conduct of gambling.
34 (a) Gambling may be conducted by licensed owners aboard
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1 riverboats, subject to the following standards:
2 (1) (Blank) No gambling may be conducted while a
3 riverboat is docked.
4 (2) (Blank) Riverboat cruises may not exceed 4
5 hours for a round trip, with the exception of any
6 extended cruises, each of which shall be expressly
7 approved by the Board.
8 (3) Minimum and maximum wagers on games shall be
9 set by the licensee.
10 (4) Agents of the Board and the Department of State
11 Police may board and inspect any riverboat at any time
12 for the purpose of determining whether this Act is being
13 complied with. Every riverboat, if under way and being
14 hailed by a law enforcement officer or agent of the
15 Board, must stop immediately and lay to.
16 (5) Employees of the Board shall have the right to
17 be present on the riverboat or on adjacent facilities
18 under the control of the licensee.
19 (6) Gambling equipment and supplies customarily
20 used in conducting riverboat gambling must be purchased
21 or leased only from suppliers licensed for such purpose
22 under this Act.
23 (7) Persons licensed under this Act shall permit no
24 form of wagering on gambling games except as permitted by
25 this Act.
26 (8) Wagers may be received only from a person
27 present on a licensed riverboat. No person present on a
28 licensed riverboat shall place or attempt to place a
29 wager on behalf of another person who is not present on
30 the riverboat.
31 (9) Wagering shall not be conducted with money or
32 other negotiable currency.
33 (10) A person under age 21 shall not be permitted
34 on an area of a riverboat where gambling is being
35 conducted, except for a person at least 18 years of age
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1 who is an employee of the riverboat gambling operation.
2 No employee under age 21 shall perform any function
3 involved in gambling by the patrons. No person under age
4 21 shall be permitted to make a wager under this Act.
5 (11) Gambling excursion cruises are permitted only
6 when the navigable stream for which the riverboat is
7 licensed is navigable, as determined by the Board in
8 consultation with the U.S. Army Corps of Engineers.
9 (12) All tokens, chips or electronic cards used to
10 make wagers must be purchased from a licensed owner
11 either aboard a riverboat or at an onshore facility which
12 has been approved by the Board and which is located where
13 the riverboat docks. The tokens, chips or electronic
14 cards may be purchased by means of an agreement under
15 which the owner extends credit to the patron. Such
16 tokens, chips or electronic cards may be used while
17 aboard the riverboat only for the purpose of making
18 wagers on gambling games.
19 (13) Notwithstanding any other Section of this Act,
20 in addition to the other licenses authorized under this
21 Act, the Board may issue special event licenses allowing
22 persons who are not otherwise licensed to conduct
23 riverboat gambling to conduct such gambling on a
24 specified date or series of dates. Riverboat gambling
25 under such a license may take place on a riverboat not
26 normally used for riverboat gambling. The Board shall
27 establish standards, fees and fines for, and limitations
28 upon, such licenses, which may differ from the standards,
29 fees, fines and limitations otherwise applicable under
30 this Act. All such fees shall be deposited into the
31 State Gaming Fund. All such fines shall be deposited
32 into the Education Assistance Fund, created by Public Act
33 86-0018, of the State of Illinois.
34 (14) In addition to the above, gambling must be
35 conducted in accordance with all rules adopted by the
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1 Board.
2 (Source: P.A. 86-1029; 86-1389; 87-826.)
3 (230 ILCS 10/11.2 new)
4 Sec. 11.2. Relocation of riverboat home dock. Upon
5 application to and permission from the Board, a licensee may
6 move its home dock location to a new municipality or county.
7 In deciding whether to approve a relocation under this
8 Section 11.2, the Board shall consider the same factors it
9 considers when deciding on an original license to conduct
10 riverboat gambling under Section 7 of this Act. Nothing in
11 this Act shall prohibit an owners licensee that moves its
12 home dock location pursuant to this Section from entering
13 into an intergovernmental agreement with the unit of local
14 government that was the licensee's original home dock
15 location and the unit of local government that is the
16 licensee's home dock location after relocation.
17 (230 ILCS 10/12) (from Ch. 120, par. 2412)
18 Sec. 12. Admission tax; fees.
19 (a) A tax is hereby imposed upon admissions to gambling
20 excursions authorized pursuant to this Act at a rate of $2
21 per person admitted. This admission tax is imposed upon the
22 licensed owner conducting the gambling excursion.
23 (1) If tickets are issued which are good for more
24 than one admittance gambling excursion, the admission tax
25 shall be paid for each person using the ticket for on
26 each admittance gambling excursion for which the ticket
27 is used.
28 (2) If free passes or complimentary admission
29 tickets are issued, the licensee shall pay the same tax
30 upon these passes or complimentary tickets as if they
31 were sold at the regular and usual admission rate.
32 (3) The riverboat licensee may issue tax-free
33 passes to actual and necessary officials and employees of
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1 the licensee or other persons actually working on the
2 riverboat.
3 (4) The number and issuance of tax-free passes is
4 subject to the rules of the Board, and a list of all
5 persons to whom the tax-free passes are issued shall be
6 filed with the Board.
7 (b) From the $2 tax imposed under subsection (a), a
8 municipality shall receive from the State $1 for each person
9 embarking on a riverboat docked within the municipality, and
10 a county shall receive $1 for each person embarking on a
11 riverboat docked within the county but outside the boundaries
12 of any municipality. The municipality's or county's share
13 shall be collected by the Board on behalf of the State and
14 remitted quarterly by the State, subject to appropriation, to
15 the treasurer of the unit of local government for deposit in
16 the general fund.
17 (c) The licensed owner shall pay the entire admission
18 tax to the Board. Such payments shall be made daily.
19 Accompanying each payment shall be a return on forms provided
20 by the Board which shall include other information regarding
21 admissions as the Board may require. Failure to submit
22 either the payment or the return within the specified time
23 may result in suspension or revocation of the owners license.
24 (d) The Board shall administer and collect the admission
25 tax imposed by this Section, to the extent practicable, in a
26 manner consistent with the provisions of Sections 4, 5, 5a,
27 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9 and 10 of
28 the Retailers' Occupation Tax Act and Section 3-7 of the
29 Uniform Penalty and Interest Act.
30 (Source: P.A. 86-1029; 86-1389; 87-205; 87-895.)
31 (230 ILCS 10/18) (from Ch. 120, par. 2418)
32 Sec. 18. Prohibited Activities - Penalty.
33 (a) A person is guilty of a Class A misdemeanor for
34 doing any of the following:
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1 (1) Conducting Operating a gambling excursion where
2 wagering is used or to be used without a license issued
3 by the Board.
4 (2) Conducting Operating a gambling excursion where
5 wagering is permitted other than in the manner specified
6 by Section 11.
7 (b) A person is guilty of a Class B misdemeanor for
8 doing any of the following:
9 (1) permitting a person under 21 years to make a
10 wager; or
11 (2) violating paragraph (12) of subsection (a) of
12 Section 11 of this Act.
13 (c) A person wagering or accepting a wager at any
14 location outside the riverboat is subject to the penalties in
15 paragraphs (1) or (2) of subsection (a) of Section 28-1 of
16 the Criminal Code of 1961.
17 (d) A person commits a Class 4 felony and, in addition,
18 shall be barred for life from riverboats under the
19 jurisdiction of the Board, if the person does any of the
20 following:
21 (1) Offers, promises, or gives anything of value or
22 benefit to a person who is connected with a riverboat
23 owner including, but not limited to, an officer or
24 employee of a licensed owner or holder of an occupational
25 license pursuant to an agreement or arrangement or with
26 the intent that the promise or thing of value or benefit
27 will influence the actions of the person to whom the
28 offer, promise, or gift was made in order to affect or
29 attempt to affect the outcome of a gambling game, or to
30 influence official action of a member of the Board.
31 (2) Solicits or knowingly accepts or receives a
32 promise of anything of value or benefit while the person
33 is connected with a riverboat including, but not limited
34 to, an officer or employee of a licensed owner, or holder
35 of an occupational license, pursuant to an understanding
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1 or arrangement or with the intent that the promise or
2 thing of value or benefit will influence the actions of
3 the person to affect or attempt to affect the outcome of
4 a gambling game, or to influence official action of a
5 member of the Board.
6 (3) Uses or possesses with the intent to use a
7 device to assist:
8 (i) In projecting the outcome of the game.
9 (ii) In keeping track of the cards played.
10 (iii) In analyzing the probability of the
11 occurrence of an event relating to the gambling
12 game.
13 (iv) In analyzing the strategy for playing or
14 betting to be used in the game except as permitted
15 by the Board.
16 (4) Cheats at a gambling game.
17 (5) Manufactures, sells, or distributes any cards,
18 chips, dice, game or device which is intended to be used
19 to violate any provision of this Act.
20 (6) Alters or misrepresents the outcome of a
21 gambling game on which wagers have been made after the
22 outcome is made sure but before it is revealed to the
23 players.
24 (7) Places a bet after acquiring knowledge, not
25 available to all players, of the outcome of the gambling
26 game which is subject of the bet or to aid a person in
27 acquiring the knowledge for the purpose of placing a bet
28 contingent on that outcome.
29 (8) Claims, collects, or takes, or attempts to
30 claim, collect, or take, money or anything of value in or
31 from the gambling games, with intent to defraud, without
32 having made a wager contingent on winning a gambling
33 game, or claims, collects, or takes an amount of money or
34 thing of value of greater value than the amount won.
35 (9) Uses counterfeit chips or tokens in a gambling
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1 game.
2 (10) Possesses any key or device designed for the
3 purpose of opening, entering, or affecting the operation
4 of a gambling game, drop box, or an electronic or
5 mechanical device connected with the gambling game or for
6 removing coins, tokens, chips or other contents of a
7 gambling game. This paragraph (10) does not apply to a
8 gambling licensee or employee of a gambling licensee
9 acting in furtherance of the employee's employment.
10 (e) The possession of more than one of the devices
11 described in subsection (d), paragraphs (3), (5) or (10)
12 permits a rebuttable presumption that the possessor intended
13 to use the devices for cheating.
14 An action to prosecute any crime occurring on a riverboat
15 during a gambling excursion shall be tried in the county of
16 the dock at which the riverboat is based.
17 (Source: P.A. 86-1029; 87-826.)
18 Section 99. This Act takes effect June 1, 1998.".
19 Submitted on , 1997.
20 ______________________________ _____________________________
21 Senator Weaver, S. Representative Brunsvold
22 ______________________________ _____________________________
23 Senator Philip Representative Capparelli
24 ______________________________ _____________________________
25 Senator Dillard Representative Hannig
26 ______________________________ _____________________________
27 Senator Jones Representative Churchill
28 ______________________________ _____________________________
29 Senator DeMuzio Representative Kubik
30 Committee for the Senate Committee for the House