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093_HB0145ham001
LRB093 02206 LRD 16517 a
1 AMENDMENT TO HOUSE BILL 145
2 AMENDMENT NO. . Amend House Bill 145 by replacing
3 everything after the enacting clause with the following:
4 "Section 3. The Department of Revenue Law of the Civil
5 Administrative Code of Illinois is amended by changing
6 Section 2505-305 as follows:
7 (20 ILCS 2505/2505-305) (was 20 ILCS 2505/39b15.1)
8 Sec. 2505-305. Investigators.
9 (a) The Department has the power to appoint
10 investigators to conduct all investigations, searches,
11 seizures, arrests, and other duties imposed under the
12 provisions of any law administered by the Department or the
13 Illinois Gaming Board. Except as provided in subsection (c),
14 these investigators have and may exercise all the powers of
15 peace officers solely for the purpose of enforcing taxing
16 measures administered by the Department or the Illinois
17 Gaming Board.
18 (b) The Director must authorize to each investigator
19 employed under this Section and to any other employee of the
20 Department exercising the powers of a peace officer a
21 distinct badge that, on its face, (i) clearly states that the
22 badge is authorized by the Department and (ii) contains a
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1 unique identifying number. No other badge shall be authorized
2 by the Department.
3 (c) Investigators appointed under this Section who are
4 assigned to the Illinois Gaming Board have and may exercise
5 all the rights and powers of peace officers., provided that
6 these powers shall be limited to offenses or violations
7 occurring or committed on a riverboat or dock, as defined in
8 subsections (d) and (f) of Section 4 of the Riverboat
9 Gambling Act.
10 (Source: P.A. 91-239, eff. 1-1-00; 91-883, eff. 1-1-01;
11 92-493, eff. 1-1-02.)
12 Section 5. The Riverboat Gambling Act is amended by
13 changing Sections 5, 6, 8, 9, 11, 12, 13, 13.1, and 18 as
14 follows:
15 (230 ILCS 10/5) (from Ch. 120, par. 2405)
16 Sec. 5. Gaming Board.
17 (a) (1) There is hereby established within the
18 Department of Revenue an Illinois Gaming Board which shall
19 have the powers and duties specified in this Act, and all
20 other powers necessary and proper to fully and effectively
21 execute this Act for the purpose of administering,
22 regulating, and enforcing the system of riverboat gambling
23 established by this Act. Its jurisdiction shall extend under
24 this Act to every person, association, corporation,
25 partnership and trust involved in riverboat gambling
26 operations in the State of Illinois.
27 (2) The Board shall consist of 5 members to be appointed
28 by the Governor with the advice and consent of the Senate,
29 one of whom shall be designated by the Governor to be
30 chairman. Each member shall have a reasonable knowledge of
31 the practice, procedure and principles of gambling
32 operations. Each member shall either be a resident of
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1 Illinois or shall certify that he will become a resident of
2 Illinois before taking office. At least one member shall be
3 experienced in law enforcement and criminal investigation, at
4 least one member shall be a certified public accountant
5 experienced in accounting and auditing, and at least one
6 member shall be a lawyer licensed to practice law in
7 Illinois.
8 (3) The terms of office of the Board members shall be 3
9 years, except that the terms of office of the initial Board
10 members appointed pursuant to this Act will commence from the
11 effective date of this Act and run as follows: one for a
12 term ending July 1, 1991, 2 for a term ending July 1, 1992,
13 and 2 for a term ending July 1, 1993. Upon the expiration of
14 the foregoing terms, the successors of such members shall
15 serve a term for 3 years and until their successors are
16 appointed and qualified for like terms. Vacancies in the
17 Board shall be filled for the unexpired term in like manner
18 as original appointments. Each member of the Board shall be
19 eligible for reappointment at the discretion of the Governor
20 with the advice and consent of the Senate.
21 (4) Each member of the Board shall receive $300 for each
22 day the Board meets and for each day the member conducts any
23 hearing pursuant to this Act. Each member of the Board shall
24 also be reimbursed for all actual and necessary expenses and
25 disbursements incurred in the execution of official duties.
26 (5) No person shall be appointed a member of the Board
27 or continue to be a member of the Board who is, or whose
28 spouse, child or parent is, a member of the board of
29 directors of, or a person financially interested in, any
30 gambling operation subject to the jurisdiction of this Board,
31 or any race track, race meeting, racing association or the
32 operations thereof subject to the jurisdiction of the
33 Illinois Racing Board. No Board member shall hold any other
34 public office for which he shall receive compensation other
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1 than necessary travel or other incidental expenses. No
2 person shall be a member of the Board who is not of good
3 moral character or who has been convicted of, or is under
4 indictment for, a felony under the laws of Illinois or any
5 other state, or the United States.
6 (6) Any member of the Board may be removed by the
7 Governor for neglect of duty, misfeasance, malfeasance, or
8 nonfeasance in office.
9 (7) Before entering upon the discharge of the duties of
10 his office, each member of the Board shall take an oath that
11 he will faithfully execute the duties of his office according
12 to the laws of the State and the rules and regulations
13 adopted therewith and shall give bond to the State of
14 Illinois, approved by the Governor, in the sum of $25,000.
15 Every such bond, when duly executed and approved, shall be
16 recorded in the office of the Secretary of State. Whenever
17 the Governor determines that the bond of any member of the
18 Board has become or is likely to become invalid or
19 insufficient, he shall require such member forthwith to renew
20 his bond, which is to be approved by the Governor. Any
21 member of the Board who fails to take oath and give bond
22 within 30 days from the date of his appointment, or who fails
23 to renew his bond within 30 days after it is demanded by the
24 Governor, shall be guilty of neglect of duty and may be
25 removed by the Governor. The cost of any bond given by any
26 member of the Board under this Section shall be taken to be a
27 part of the necessary expenses of the Board.
28 (8) Upon the request of the Board, the Department shall
29 employ such personnel as may be necessary to carry out the
30 functions of the Board. No person shall be employed to serve
31 the Board who is, or whose spouse, parent or child is, an
32 official of, or has a financial interest in or financial
33 relation with, any operator engaged in gambling operations
34 within this State or any organization engaged in conducting
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1 horse racing within this State. Any employee violating these
2 prohibitions shall be subject to termination of employment.
3 (9) An Administrator shall perform any and all duties
4 that the Board shall assign him. The salary of the
5 Administrator shall be determined by the Board and approved
6 by the Director of the Department and, in addition, he shall
7 be reimbursed for all actual and necessary expenses incurred
8 by him in discharge of his official duties. The
9 Administrator shall keep records of all proceedings of the
10 Board and shall preserve all records, books, documents and
11 other papers belonging to the Board or entrusted to its care.
12 The Administrator shall devote his full time to the duties of
13 the office and shall not hold any other office or employment.
14 (b) The Board shall have general responsibility for the
15 implementation of this Act. Its duties include, without
16 limitation, the following:
17 (1) To decide promptly and in reasonable order all
18 license applications. Any party aggrieved by an action of
19 the Board denying, suspending, revoking, restricting or
20 refusing to renew a license may request a hearing before
21 the Board. A request for a hearing must be made to the
22 Board in writing within 5 days after service of notice of
23 the action of the Board. Notice of the action of the
24 Board shall be served either by personal delivery or by
25 certified mail, postage prepaid, to the aggrieved party.
26 Notice served by certified mail shall be deemed complete
27 on the business day following the date of such mailing.
28 The Board shall conduct all requested hearings promptly
29 and in reasonable order;
30 (2) To conduct all hearings pertaining to civil
31 violations of this Act or rules and regulations
32 promulgated hereunder;
33 (3) To promulgate such rules and regulations as in
34 its judgment may be necessary to protect or enhance the
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1 credibility and integrity of gambling operations
2 authorized by this Act and the regulatory process
3 hereunder;
4 (4) To provide for the establishment and collection
5 of all license and registration fees and taxes imposed by
6 this Act and the rules and regulations issued pursuant
7 hereto. All such fees and taxes shall be deposited into
8 the State Gaming Fund;
9 (5) To provide for the levy and collection of
10 penalties and fines for the violation of provisions of
11 this Act and the rules and regulations promulgated
12 hereunder. All such fines and penalties shall be
13 deposited into the Education Assistance Fund, created by
14 Public Act 86-0018, of the State of Illinois;
15 (6) To be present through its inspectors and agents
16 any time gambling operations are conducted on any
17 riverboat for the purpose of certifying the revenue
18 thereof, receiving complaints from the public, and
19 conducting such other investigations into the conduct of
20 the gambling games and the maintenance of the equipment
21 as from time to time the Board may deem necessary and
22 proper;
23 (7) To review and rule upon any complaint by a
24 licensee regarding any investigative procedures of the
25 State which are unnecessarily disruptive of gambling
26 operations. The need to inspect and investigate shall be
27 presumed at all times. The disruption of a licensee's
28 operations shall be proved by clear and convincing
29 evidence, and establish that: (A) the procedures had no
30 reasonable law enforcement purposes, and (B) the
31 procedures were so disruptive as to unreasonably inhibit
32 gambling operations;
33 (8) To hold at least one meeting each quarter of
34 the fiscal year. In addition, special meetings may be
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1 called by the Chairman or any 2 Board members upon 72
2 hours written notice to each member. All Board meetings
3 shall be subject to the Open Meetings Act. Three members
4 of the Board shall constitute a quorum, and 3 votes shall
5 be required for any final determination by the Board.
6 The Board shall keep a complete and accurate record of
7 all its meetings. A majority of the members of the Board
8 shall constitute a quorum for the transaction of any
9 business, for the performance of any duty, or for the
10 exercise of any power which this Act requires the Board
11 members to transact, perform or exercise en banc, except
12 that, upon order of the Board, one of the Board members
13 or an administrative law judge designated by the Board
14 may conduct any hearing provided for under this Act or by
15 Board rule and may recommend findings and decisions to
16 the Board. The Board member or administrative law judge
17 conducting such hearing shall have all powers and rights
18 granted to the Board in this Act. The record made at the
19 time of the hearing shall be reviewed by the Board, or a
20 majority thereof, and the findings and decision of the
21 majority of the Board shall constitute the order of the
22 Board in such case;
23 (9) To maintain records which are separate and
24 distinct from the records of any other State board or
25 commission. Such records shall be available for public
26 inspection and shall accurately reflect all Board
27 proceedings;
28 (10) To file a written annual report with the
29 Governor on or before March 1 each year and such
30 additional reports as the Governor may request. The
31 annual report shall include a statement of receipts and
32 disbursements by the Board, actions taken by the Board,
33 and any additional information and recommendations which
34 the Board may deem valuable or which the Governor may
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1 request;
2 (11) (Blank); and
3 (12) To assume responsibility for the
4 administration and enforcement of the Bingo License and
5 Tax Act, the Charitable Games Act, and the Pull Tabs and
6 Jar Games Act if such responsibility is delegated to it
7 by the Director of Revenue.
8 (c) The Board shall have jurisdiction over and shall
9 supervise all gambling operations governed by this Act. The
10 Board shall have all powers necessary and proper to fully and
11 effectively execute the provisions of this Act, including,
12 but not limited to, the following:
13 (1) To investigate applicants and determine the
14 eligibility of applicants for licenses and to select
15 among competing applicants the applicants which best
16 serve the interests of the citizens of Illinois.
17 (2) To have jurisdiction and supervision over all
18 riverboat gambling operations in this State and all
19 persons on riverboats where gambling operations are
20 conducted.
21 (3) To promulgate rules and regulations for the
22 purpose of administering the provisions of this Act and
23 to prescribe rules, regulations and conditions under
24 which all riverboat gambling in the State shall be
25 conducted. Such rules and regulations are to provide for
26 the prevention of practices detrimental to the public
27 interest and for the best interests of riverboat
28 gambling, including rules and regulations regarding the
29 inspection of such riverboats and the review of any
30 permits or licenses necessary to operate a riverboat
31 under any laws or regulations applicable to riverboats,
32 and to impose penalties for violations thereof.
33 (4) To enter the office, riverboats, facilities, or
34 other places of business of a licensee, where evidence of
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1 the compliance or noncompliance with the provisions of
2 this Act is likely to be found.
3 (5) To investigate alleged violations of this Act
4 or the rules of the Board and to take appropriate
5 disciplinary action against a licensee or a holder of an
6 occupational license for a violation, or institute
7 appropriate legal action for enforcement, or both.
8 (6) To adopt standards for the licensing of all
9 persons under this Act, as well as for electronic or
10 mechanical gambling games, and to establish fees for such
11 licenses.
12 (7) To adopt appropriate standards for all
13 riverboats and facilities.
14 (8) To require that the records, including
15 financial or other statements of any licensee under this
16 Act, shall be kept in such manner as prescribed by the
17 Board and that any such licensee involved in the
18 ownership or management of gambling operations submit to
19 the Board an annual balance sheet and profit and loss
20 statement, list of the stockholders or other persons
21 having a 1% or greater beneficial interest in the
22 gambling activities of each licensee, and any other
23 information the Board deems necessary in order to
24 effectively administer this Act and all rules,
25 regulations, orders and final decisions promulgated under
26 this Act.
27 (8.1) To determine which entities and persons are
28 subject to Board approval for involvement in the
29 ownership or operations of riverboat gambling in Illinois
30 and to approve the participation of such entities and
31 persons, including approvals related to parent and
32 subsidiary entities.
33 (9) To conduct hearings, issue subpoenas for the
34 attendance of witnesses and subpoenas duces tecum for the
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1 production of books, records and other pertinent
2 documents in accordance with the Illinois Administrative
3 Procedure Act, and to administer oaths and affirmations
4 to the witnesses, when, in the judgment of the Board, it
5 is necessary to administer or enforce this Act or the
6 Board rules.
7 (10) To prescribe a form to be used by any licensee
8 involved in the ownership or management of gambling
9 operations as an application for employment for their
10 employees.
11 (11) To revoke or suspend licenses, as the Board
12 may see fit and in compliance with applicable laws of the
13 State regarding administrative procedures, and to review
14 applications for the renewal of licenses. The Board may
15 suspend an owners license, without notice or hearing upon
16 a determination that the safety or health of patrons or
17 employees is jeopardized by continuing a riverboat's
18 operation. The suspension may remain in effect until the
19 Board determines that the cause for suspension has been
20 abated. The Board may revoke the owners license upon a
21 determination that the owner has not made satisfactory
22 progress toward abating the hazard.
23 (12) To eject or exclude or authorize the ejection
24 or exclusion of, any person from riverboat gambling
25 facilities where such person is in violation of this Act,
26 rules and regulations thereunder, or final orders of the
27 Board, or where such person's conduct or reputation is
28 such that his presence within the riverboat gambling
29 facilities may, in the opinion of the Board, call into
30 question the honesty and integrity of the gambling
31 operations or interfere with orderly conduct thereof;
32 provided that the propriety of such ejection or exclusion
33 is subject to subsequent hearing by the Board.
34 (13) To require all licensees of gambling
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1 operations to utilize a cashless wagering system whereby
2 all players' money is converted to tokens, electronic
3 cards, or chips which shall be used only for wagering in
4 the gambling establishment.
5 (14) (Blank).
6 (15) To suspend, revoke or restrict licenses, to
7 require the removal of a licensee or an employee,
8 officer, director, or shareholder of a licensee, or to
9 require the termination of a business relationship for a
10 violation of this Act or a Board rule or for engaging in
11 a fraudulent practice, and to impose civil penalties of
12 up to $5,000 against individuals and up to $10,000 or an
13 amount equal to the daily gross receipts, whichever is
14 larger, against licensees for each violation of any
15 provision of the Act, any rules adopted by the Board, any
16 order of the Board or any other action which, in the
17 Board's discretion, is a detriment or impediment to
18 riverboat gambling operations.
19 (16) To hire employees to gather information,
20 conduct investigations and carry out any other tasks
21 contemplated under this Act.
22 (17) To establish minimum levels of insurance to be
23 maintained by licensees.
24 (18) To authorize a licensee to sell or serve
25 alcoholic liquors, wine or beer as defined in the Liquor
26 Control Act of 1934 on board a riverboat and to have
27 exclusive authority to establish the hours for sale and
28 consumption of alcoholic liquor on board a riverboat,
29 notwithstanding any provision of the Liquor Control Act
30 of 1934 or any local ordinance, and regardless of whether
31 the riverboat makes excursions. The establishment of the
32 hours for sale and consumption of alcoholic liquor on
33 board a riverboat is an exclusive power and function of
34 the State. A home rule unit may not establish the hours
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1 for sale and consumption of alcoholic liquor on board a
2 riverboat. This amendatory Act of 1991 is a denial and
3 limitation of home rule powers and functions under
4 subsection (h) of Section 6 of Article VII of the
5 Illinois Constitution.
6 (19) After consultation with the U.S. Army Corps of
7 Engineers, to establish binding emergency orders upon the
8 concurrence of a majority of the members of the Board
9 regarding the navigability of water, relative to
10 excursions, in the event of extreme weather conditions,
11 acts of God or other extreme circumstances.
12 (19.2) To petition the circuit court of Sangamon
13 County for appointment of a receiver for a riverboat
14 gambling operation if either of the following conditions
15 exist: (i) the Board has suspended, revoked, or refused
16 to renew the license of the owner or (ii) the riverboat
17 gambling operation is closing and the licensed owner is
18 voluntarily surrendering its owners license. A receiver
19 appointed by the court shall be an individual or entity
20 selected from among up to 3 nominees submitted to the
21 court by the Board. A copy of the petition and notice of
22 a hearing, which must be held within 5 days of the filing
23 of the petition, shall be served on the holder of the
24 owners license as provided under the Civil Practice Law.
25 The Board shall determine the amount of reasonable
26 compensation, fees, and expenses to be assessed and
27 retained by the receiver, which shall be paid from the
28 adjusted gross receipts of the riverboat gambling
29 operation, after the payment of wagering and admission
30 taxes, for the services, costs, and expenses of the
31 receiver and any other persons whom the receiver may
32 engage to assist him or her in performing his or her
33 duties. The compensation, fees, and expenses authorized
34 by the Board shall have the same priority as the payment
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1 and collection of taxes and fees to the State required
2 under this Act. The powers and duties of the receiver
3 shall be requested in the petition and determined by the
4 court, but in no event shall the duration of the
5 receivership exceed one year.
6 (19.3) To administer and enforce a self-exclusion
7 program for problem gamblers.
8 (20) To delegate the execution of any of its powers
9 under this Act for the purpose of administering and
10 enforcing this Act and its rules and regulations
11 hereunder.
12 (21) To take any other action as may be reasonable
13 or appropriate to enforce this Act and rules and
14 regulations hereunder.
15 (d) The Board may seek and shall receive the cooperation
16 of 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
21 requirements of Section 2605-400 of the Department of State
22 Police Law (20 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)
27 contains a unique identifying number. No other badge shall
28 be authorized by the Board.
29 (Source: P.A. 91-40, eff. 1-1-00; 91-239, eff. 1-1-00;
30 91-883, eff. 1-1-01.)
31 (230 ILCS 10/6) (from Ch. 120, par. 2406)
32 Sec. 6. Application for Owners License.
33 (a) A qualified person may apply to the Board for an
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1 owners license to conduct a riverboat gambling operation as
2 provided in this Act. The application shall be made on forms
3 provided by the Board and shall contain such information as
4 the Board prescribes, including but not limited to the
5 identity of the riverboat on which such gambling operation is
6 to be conducted and the exact location where such riverboat
7 will be docked, a certification that the riverboat will be
8 registered under this Act at all times during which gambling
9 operations are conducted on board, detailed information
10 regarding the ownership and management of the applicant, and
11 detailed personal information regarding the applicant.
12 Information provided on the application shall be used as a
13 basis for a thorough background investigation which the Board
14 shall conduct with respect to each applicant. An incomplete
15 application shall be cause for denial of a license by the
16 Board.
17 (b) Applicants shall submit with their application all
18 documents, resolutions, and letters of support from the
19 governing body that represents the municipality or county
20 wherein the licensee will dock.
21 (c) Each applicant shall disclose the identity of every
22 person, association, trust or corporation having a greater
23 than 1% direct or indirect pecuniary interest in the
24 riverboat gambling operation with respect to which the
25 license is sought. If the disclosed entity is a trust, the
26 application shall disclose the names and addresses of the
27 beneficiaries; if a corporation, the names and addresses of
28 all stockholders and directors; if a partnership, the names
29 and addresses of all partners, both general and limited.
30 (d) An application shall be filed and considered
31 pursuant to the rules ofwith the Board by January 1 of the
32 year preceding any calendar year for which an applicant seeks
33 an owners license; however, applications for an owners
34 license permitting operations on January 1, 1991 shall be
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1 filed by July 1, 1990. An application fee of $50,000 shall
2 be paid at the time of filing to defray the costs associated
3 with the background investigation conducted by the Board. If
4 the costs of the investigation exceed $50,000, the applicant
5 shall pay the additional amount to the Board. If the costs
6 of the investigation are less than $50,000, the applicant
7 shall receive a refund of the remaining amount. All
8 information, records, interviews, reports, statements,
9 memoranda or other data supplied to or used by the Board in
10 the course of its review or investigation of an application
11 for a license under this Act shall be privileged, strictly
12 confidential and shall be used only for the purpose of
13 evaluating an applicant. Such information, records,
14 interviews, reports, statements, memoranda or other data
15 shall not be admissible as evidence, nor discoverable in any
16 action of any kind in any court or before any tribunal,
17 board, agency or person, except for any action deemed
18 necessary by the Board.
19 (e) The Board shall charge each applicant a fee set by
20 the Department of State Police to defray the costs associated
21 with the search and classification of fingerprints obtained
22 by the Board with respect to the applicant's application.
23 These fees shall be paid into the State Police Services Fund.
24 (f) The licensed owner shall be the person primarily
25 responsible for the boat itself. Only one riverboat gambling
26 operation may be authorized by the Board on any riverboat.
27 The applicant must identify each riverboat it intends to use
28 and certify that the riverboat: (1) has the authorized
29 capacity required in this Act; (2) is accessible to disabled
30 persons; and (3) is fully registered and licensed in
31 accordance with any applicable laws.
32 (f-5) The requirements of this Section apply to the
33 issuance of any owners license under this Act and, pursuant
34 to the rules of the Board, to the transfer of ownership
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1 interests in an owners license.
2 (g) A person who knowingly makes a false statement on an
3 application is guilty of a Class A misdemeanor.
4 (Source: P.A. 91-40, eff. 6-25-99.)
5 (230 ILCS 10/8) (from Ch. 120, par. 2408)
6 Sec. 8. Suppliers licenses.
7 (a) The Board may issue a suppliers license to such
8 persons, firms or corporations which apply therefor upon the
9 payment of a non-refundable application fee set by the Board,
10 upon a determination by the Board that the applicant is
11 eligible for a suppliers license and upon payment of a $5,000
12 annual license fee. The Board may provide by rule for the
13 annual suppliers license fee to be graduated on the basis of
14 the amount of business transacted in Illinois by the
15 supplier, but in no case may such graduated fees exceed
16 $5,000 per year.
17 (b) The holder of a suppliers license is authorized to
18 sell or lease, and to contract to sell or lease, gambling
19 equipment and supplies to any licensee involved in the
20 ownership or management of gambling operations.
21 (c) Gambling supplies and equipment may not be
22 distributed unless supplies and equipment conform to
23 standards adopted by rules of the Board.
24 (d) A person, firm or corporation is ineligible to
25 receive a suppliers license if:
26 (1) the person has been convicted of a felony under
27 the laws of this State, any other state, or the United
28 States;
29 (2) the person has been convicted of any violation
30 of Article 28 of the Criminal Code of 1961, or
31 substantially similar laws of any other jurisdiction;
32 (3) the person has submitted an application for a
33 license under this Act which contains false information;
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1 (4) the person is a member of the Board;
2 (5) the firm or corporation is one in which a
3 person defined in (1), (2), (3) or (4), is an officer,
4 director or managerial employee;
5 (6) the firm or corporation employs a person who
6 participates in the management or operation of riverboat
7 gambling authorized under this Act;
8 (7) the license of the person, firm or corporation
9 issued under this Act, or a license to own or operate
10 gambling facilities in any other jurisdiction, has been
11 revoked.
12 (e) Any person that supplies any equipment, devices, or
13 supplies to a licensed riverboat gambling operation must
14 first obtain a suppliers license. A supplier shall furnish
15 to the Board a list of all equipment, devices and supplies
16 offered for sale or lease in connection with gambling games
17 authorized under this Act. A supplier shall keep books and
18 records for the furnishing of equipment, devices and supplies
19 to gambling operations separate and distinct from any other
20 business that the supplier might operate. A supplier shall
21 file a quarterly return with the Board listing all sales and
22 leases. A supplier shall permanently affix its name to all
23 its equipment, devices, and supplies for gambling operations.
24 Any supplier's equipment, devices or supplies which are used
25 by any person in an unauthorized gambling operation shall be
26 forfeited to the State. A licensed owner may own its own
27 equipment, devices and supplies. Each holder of an owners
28 license under the Act shall file an annual report listing its
29 inventories of gambling equipment, devices and supplies.
30 (f) Any person who knowingly makes a false statement on
31 an application is guilty of a Class A misdemeanor.
32 (g) Any gambling equipment, devices and supplies
33 provided by any licensed supplier may either be repaired on
34 the riverboat or removed from the riverboat to an on-shore
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1 facility owned by the holder of an owners license for repair.
2 (Source: P.A. 86-1029; 87-826.)
3 (230 ILCS 10/9) (from Ch. 120, par. 2409)
4 Sec. 9. Occupational licenses.
5 (a) The Board may issue an occupational license to an
6 applicant upon the payment of a non-refundable fee set by the
7 Board, upon a determination by the Board that the applicant
8 is eligible for an occupational license and upon payment of
9 an annual license fee in an amount to be established. To be
10 eligible for an occupational license, an applicant must:
11 (1) be at least 21 years of age if the applicant
12 will perform any function involved in gaming by patrons.
13 Any applicant seeking an occupational license for a
14 non-gaming function shall be at least 18 years of age;
15 (2) not have been convicted of a felony offense or
16 , a violation of Article 28 of the Criminal Code of 1961,
17 or a similar statute of any other jurisdiction, or a
18 crime involving dishonesty or moral turpitude;
19 (2.1) not have been convicted of a crime involving
20 dishonesty or moral turpitude of such a type as to, in
21 the sole discretion of the Board, negatively impact
22 public confidence and trust in the credibility and
23 integrity of riverboat gaming operations and the
24 regulatory process;
25 (3) have demonstrated a level of skill or knowledge
26 which the Board determines to be necessary in order to
27 operate gambling aboard a riverboat; and
28 (4) have met standards for the holding of an
29 occupational license as adopted by rules of the Board.
30 Such rules shall provide that any person or entity
31 seeking an occupational license to manage gambling
32 operations hereunder shall be subject to background
33 inquiries and further requirements similar to those
-19- LRB093 02206 LRD 16517 a
1 required of applicants for an owners license.
2 Furthermore, such rules shall provide that each such
3 entity shall be permitted to manage gambling operations
4 for only one licensed owner.
5 (b) Each application for an occupational license shall
6 be on forms prescribed by the Board and shall contain all
7 information required by the Board. The applicant shall set
8 forth in the application: whether he has been issued prior
9 gambling related licenses; whether he has been licensed in
10 any other state under any other name, and, if so, such name
11 and his age; and whether or not a permit or license issued to
12 him in any other state has been suspended, restricted or
13 revoked, and, if so, for what period of time.
14 (c) Each applicant shall submit with his application, on
15 forms provided by the Board, 2 sets of his fingerprints. The
16 Board shall charge each applicant a fee set by the Department
17 of State Police to defray the costs associated with the
18 search and classification of fingerprints obtained by the
19 Board with respect to the applicant's application. These
20 fees shall be paid into the State Police Services Fund.
21 (d) The Board may in its discretion refuse an
22 occupational license to any person: (1) who is unqualified to
23 perform the duties required of such applicant; (2) who fails
24 to disclose or states falsely any information called for in
25 the application; (3) who has been found guilty of a violation
26 of this Act or whose prior gambling related license or
27 application therefor has been suspended, restricted, revoked
28 or denied for just cause in any other state; or (4) for any
29 other just cause.
30 (e) The Board may suspend, revoke or restrict any
31 occupational licensee: (1) for violation of any provision of
32 this Act; (2) for violation of any of the rules and
33 regulations of the Board; (3) for any cause which, if known
34 to the Board, would have disqualified the applicant from
-20- LRB093 02206 LRD 16517 a
1 receiving such license; or (4) for default in the payment of
2 any obligation or debt due to the State of Illinois; or (5)
3 for any other just cause.
4 (f) A person who knowingly makes a false statement on an
5 application is guilty of a Class A misdemeanor.
6 (g) Any license issued pursuant to this Section shall be
7 valid for a period of one year from the date of issuance.
8 (h) Nothing in this Act shall be interpreted to prohibit
9 a licensed owner from entering into an agreement with a
10 public community college or a school approved under the
11 Private Business and Vocational Schools Act for the training
12 of any occupational licensee. Any training offered by such a
13 school shall be in accordance with a written agreement
14 between the licensed owner and the school.
15 (i) Any training provided for occupational licensees may
16 be conducted either on the riverboat or at a school with
17 which a licensed owner has entered into an agreement pursuant
18 to subsection (h).
19 (Source: P.A. 86-1029; 87-826.)
20 (230 ILCS 10/11) (from Ch. 120, par. 2411)
21 Sec. 11. Conduct of gambling. Gambling may be conducted
22 by licensed owners aboard riverboats, subject to the
23 following standards:
24 (1) A licensee may conduct riverboat gambling
25 authorized under this Act regardless of whether it
26 conducts excursion cruises. A licensee may permit the
27 continuous ingress and egress of passengers for the
28 purpose of gambling.
29 (2) (Blank).
30 (3) Minimum and maximum wagers on games shall be
31 set by the licensee.
32 (4) Agents of the Board and the Department of State
33 Police may board and inspect any riverboat at any time
-21- LRB093 02206 LRD 16517 a
1 for the purpose of determining whether this Act is being
2 complied with. Every riverboat, if under way and being
3 hailed by a law enforcement officer or agent of the
4 Board, must stop immediately and lay to.
5 (5) Employees of the Board shall have the right to
6 be present on the riverboat or on adjacent facilities
7 under the control of the licensee.
8 (6) Gambling equipment and supplies customarily
9 used in conducting riverboat gambling must be purchased
10 or leased only from suppliers licensed for such purpose
11 under this Act, except that the Board may approve the
12 sale or lease of gambling equipment and supplies by a
13 licensed owner. A licensed owner may bring gambling
14 equipment and supplies that it has legally acquired into
15 this State for use in Illinois, subject to approval of
16 the Board.
17 (7) Persons licensed under this Act shall permit no
18 form of wagering on gambling games except as permitted by
19 this Act.
20 (8) Wagers may be received only from a person
21 present on a licensed riverboat. No person present on a
22 licensed riverboat shall place or attempt to place a
23 wager on behalf of another person who is not present on
24 the riverboat.
25 (9) Wagering shall not be conducted with money or
26 other negotiable currency.
27 (10) A person under age 21 shall not be permitted
28 in any area of a riverboat in which gambling is conducted
29 on an area of a riverboat where gambling is being
30 conducted, except for a person at least 18 years of age
31 who is an employee of the riverboat gambling operation.
32 No employee under age 21 shall perform any function
33 involved in gambling by the patrons. No person under age
34 21 shall be permitted to make a wager under this Act, and
-22- LRB093 02206 LRD 16517 a
1 any winnings that are the result of such an illegal wager
2 by a person under age 21, whether or not paid by the
3 riverboat gaming operation, shall be (i) treated as
4 winnings for wagering tax purposes, (ii) confiscated, and
5 (iii) forfeited to the State and deposited in the
6 Education Assistance Fund.
7 (10.1) A person placed on the Self-Exclusion List
8 shall not knowingly be permitted in any area of a
9 riverboat in which gambling is conducted nor knowingly be
10 permitted to make a wager. Any chips, tokens, or other
11 wagering instruments discovered in his or her possession
12 and all winnings, whether or not paid by the riverboat
13 gambling operation to the person, shall be donated to the
14 Department of Human Services-approved problem gambling
15 charitable organization that was designated by the person
16 at the time of his or her application for participation
17 in the Self-Exclusion Program under subsection (c) of
18 Section 13.1.
19 (11) Gambling excursion cruises shall be conducted
20 pursuant to Section 11.3are permitted only when the
21 waterway for which the riverboat is licensed is
22 navigable, as determined by the Board in consultation
23 with the U.S. Army Corps of Engineers. This paragraph
24 (11) does not limit the ability of a licensee to conduct
25 gambling authorized under this Act when gambling
26 excursion cruises are not permitted.
27 (12) All tokens, chips or electronic cards used to
28 make wagers must be purchased from a licensed owner
29 either aboard a riverboat or at an onshore facility which
30 has been approved by the Board and which is located where
31 the riverboat docks. The tokens, chips or electronic
32 cards may be purchased by means of an agreement under
33 which the owner extends credit to the patron. Such
34 tokens, chips or electronic cards may be used while
-23- LRB093 02206 LRD 16517 a
1 aboard the riverboat only for the purpose of making
2 wagers on gambling games.
3 (13) Notwithstanding any other Section of this Act,
4 in addition to the other licenses authorized under this
5 Act, the Board may issue special event licenses allowing
6 persons who are not otherwise licensed to conduct
7 riverboat gambling to conduct such gambling on a
8 specified date or series of dates. Riverboat gambling
9 under such a license may take place on a riverboat not
10 normally used for riverboat gambling. The Board shall
11 establish standards, fees and fines for, and limitations
12 upon, such licenses, which may differ from the standards,
13 fees, fines and limitations otherwise applicable under
14 this Act. All such fees shall be deposited into the
15 State Gaming Fund. All such fines shall be deposited
16 into the Education Assistance Fund, created by Public Act
17 86-0018, of the State of Illinois.
18 (13.1) The Board shall establish all requirements
19 for the times and conditions under which a licensed owner
20 may conduct gaming. The Board shall limit the length of
21 time for gambling excursions and the conditions under
22 which gambling may be conducted while passenger ingress
23 and egress is in progress.
24 (13.2) The Board shall ensure that each riverboat
25 licensed under this Act operates as is reasonable and
26 practicable given concerns for riverboat and passenger
27 safety. As necessary, the Board shall consult with the
28 U.S. Coast Guard and the U.S. Army Corps of Engineers.
29 (14) In addition to the above, gambling must be
30 conducted in accordance with all rules adopted by the
31 Board.
32 (Source: P.A. 91-40, eff. 6-25-99.)
33 (230 ILCS 10/12) (from Ch. 120, par. 2412)
-24- LRB093 02206 LRD 16517 a
1 Sec. 12. Admission tax; fees.
2 (a) A tax is hereby imposed upon admissions authorized
3 pursuant to this Act. Until July 1, 2002, the rate is $2 per
4 person admitted. Beginning July 1, 2002, the rate is $3 per
5 person admitted. This admission tax is imposed upon the
6 licensed owner of the riverboatconducting gambling
7 operation.
8 (1) The admission tax shall be paid for each
9 admission.
10 (2) (Blank).
11 (3) The riverboat licensee may issue tax-free
12 passes to actual and necessary officials and employees of
13 the licensee or other persons actually working on the
14 riverboat.
15 (4) The number and issuance of tax-free passes is
16 subject to the rules of the Board, and a list of all
17 persons to whom the tax-free passes are issued shall be
18 filed with the Board.
19 (b) From the tax imposed under subsection (a), a
20 municipality shall receive from the State $1 for each person
21 embarking on a riverboat docked within the municipality, and
22 a county shall receive $1 for each person embarking on a
23 riverboat docked within the county but outside the boundaries
24 of any municipality. The municipality's or county's share
25 shall be collected by the Board on behalf of the State and
26 remitted quarterly by the State, subject to appropriation, to
27 the treasurer of the unit of local government for deposit in
28 the general fund.
29 (c) The licensed owner shall pay the entire admission
30 tax to the Board. Such payments shall be made daily.
31 Accompanying each payment shall be a return on forms provided
32 by the Board which shall include other information regarding
33 admissions as the Board may require. Failure to submit
34 either the payment or the return within the specified time
-25- LRB093 02206 LRD 16517 a
1 may result in suspension or revocation of the owners license.
2 (d) The Board shall administer and collect the admission
3 tax imposed by this Section, to the extent practicable, in a
4 manner consistent with the provisions of Sections 4, 5, 5a,
5 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9 and 10 of
6 the Retailers' Occupation Tax Act and Section 3-7 of the
7 Uniform Penalty and Interest Act.
8 (Source: P.A. 91-40, eff. 6-25-99; 92-595, eff. 6-28-02.)
9 (230 ILCS 10/13) (from Ch. 120, par. 2413)
10 Sec. 13. Wagering tax; rate; distribution.
11 (a) Until January 1, 1998, a tax is imposed on the
12 adjusted gross receipts received from gambling games
13 authorized under this Act at the rate of 20%.
14 From January 1, 1998 until July 1, 2002, a privilege tax
15 is imposed on persons engaged in the business of conducting
16 riverboat gambling operations, based on the adjusted gross
17 receipts received by a licensed owner from gambling games
18 authorized under this Act at the following rates:
19 15% of annual adjusted gross receipts up to and
20 including $25,000,000;
21 20% of annual adjusted gross receipts in excess of
22 $25,000,000 but not exceeding $50,000,000;
23 25% of annual adjusted gross receipts in excess of
24 $50,000,000 but not exceeding $75,000,000;
25 30% of annual adjusted gross receipts in excess of
26 $75,000,000 but not exceeding $100,000,000;
27 35% of annual adjusted gross receipts in excess of
28 $100,000,000.
29 Beginning July 1, 2002, a privilege tax is imposed on
30 persons engaged in the business of conducting riverboat
31 gambling operations, based on the adjusted gross receipts
32 received by a licensed owner from gambling games authorized
33 under this Act at the following rates:
-26- LRB093 02206 LRD 16517 a
1 15% of annual adjusted gross receipts up to and
2 including $25,000,000;
3 22.5% of annual adjusted gross receipts in excess of
4 $25,000,000 but not exceeding $50,000,000;
5 27.5% of annual adjusted gross receipts in excess of
6 $50,000,000 but not exceeding $75,000,000;
7 32.5% of annual adjusted gross receipts in excess of
8 $75,000,000 but not exceeding $100,000,000;
9 37.5% of annual adjusted gross receipts in excess of
10 $100,000,000 but not exceeding $150,000,000;
11 45% of annual adjusted gross receipts in excess of
12 $150,000,000 but not exceeding $200,000,000;
13 50% of annual adjusted gross receipts in excess of
14 $200,000,000.
15 For the purpose of calculating the privilege tax under
16 this subsection (a), the annual adjusted gross receipts of an
17 owners licensee for any year shall be reduced by an amount
18 equal to the amount of any payment made by the owners
19 licensee in that year to (i) an Illinois not-for-profit
20 organization, pursuant to an agreement, funded solely by a
21 licensed owner for the primary benefit of educational,
22 economic development, or environmental programs within this
23 State or (ii) a county government, pursuant to an agreement
24 between a licensed owner and a county government. In no
25 event shall a reduction in the wagering tax imposed under
26 this Section reduce the taxes owed by a licensee under this
27 Section to less than zero.
28 The taxes imposed by this Section shall be paid by the
29 licensed owner to the Board not later than 5:003:00 o'clock
30 p.m. of the day after the day when the wagers were made.
31 (b) Until January 1, 1998, 25% of the tax revenue
32 deposited in the State Gaming Fund under this Section shall
33 be paid, subject to appropriation by the General Assembly, to
34 the unit of local government which is designated as the home
-27- LRB093 02206 LRD 16517 a
1 dock of the riverboat. Beginning January 1, 1998, from the
2 tax revenue deposited in the State Gaming Fund under this
3 Section, an amount equal to 5% of adjusted gross receipts
4 generated by a riverboat shall be paid monthly, subject to
5 appropriation by the General Assembly, to the unit of local
6 government that is designated as the home dock of the
7 riverboat.
8 (c) Appropriations, as approved by the General Assembly,
9 may be made from the State Gaming Fund to the Board
10 Department of Revenue and the Department of State Police for
11 the administration and enforcement of this Act.
12 (c-5) After the payments required under subsections (b)
13 and (c) have been made, an amount equal to 15% of the
14 adjusted gross receipts of a riverboat (1) that relocates
15 pursuant to Section 11.2, or (2) for which an owners license
16 is initially issued after the effective date of this
17 amendatory Act of 1999, whichever comes first, shall be paid
18 from the State Gaming Fund into the Horse Racing Equity Fund.
19 (c-10) Each year the General Assembly shall appropriate
20 from the General Revenue Fund to the Education Assistance
21 Fund an amount equal to the amount paid into the Horse Racing
22 Equity Fund pursuant to subsection (c-5) in the prior
23 calendar year.
24 (c-15) After the payments required under subsections
25 (b), (c), and (c-5) have been made, an amount equal to 2% of
26 the adjusted gross receipts of a riverboat (1) that relocates
27 pursuant to Section 11.2, or (2) for which an owners license
28 is initially issued after the effective date of this
29 amendatory Act of 1999, whichever comes first, shall be paid,
30 subject to appropriation from the General Assembly, from the
31 State Gaming Fund to each home rule county with a population
32 of over 3,000,000 inhabitants for the purpose of enhancing
33 the county's criminal justice system.
34 (c-20) Each year the General Assembly shall appropriate
-28- LRB093 02206 LRD 16517 a
1 from the General Revenue Fund to the Education Assistance
2 Fund an amount equal to the amount paid to each home rule
3 county with a population of over 3,000,000 inhabitants
4 pursuant to subsection (c-15) in the prior calendar year.
5 (c-25) After the payments required under subsections
6 (b), (c), (c-5) and (c-15) have been made, an amount equal to
7 2% of the adjusted gross receipts of a riverboat (1) that
8 relocates pursuant to Section 11.2, or (2) for which an
9 owners license is initially issued after the effective date
10 of this amendatory Act of 1999, whichever comes first, shall
11 be paid from the State Gaming Fund into the State
12 Universities Athletic Capital Improvement Fund.
13 (d) From time to time, the Board shall transfer the
14 remainder of the funds generated by this Act into the
15 Education Assistance Fund, created by Public Act 86-0018, of
16 the State of Illinois.
17 (e) Nothing in this Act shall prohibit the unit of local
18 government designated as the home dock of the riverboat from
19 entering into agreements with other units of local government
20 in this State or in other states to share its portion of the
21 tax revenue.
22 (f) To the extent practicable, the Board shall
23 administer and collect the wagering taxes imposed by this
24 Section in a manner consistent with the provisions of
25 Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
26 6c, 8, 9, and 10 of the Retailers' Occupation Tax Act and
27 Section 3-7 of the Uniform Penalty and Interest Act.
28 (Source: P.A. 91-40, eff. 6-25-99; 92-595, eff. 6-28-02.)
29 (230 ILCS 10/13.1)
30 Sec. 13.1. Compulsive gambling.
31 (a) Each licensed owner shall post signs with a
32 statement regarding obtaining assistance with gambling
33 problems, the text of which shall be determined by rule by
-29- LRB093 02206 LRD 16517 a
1 the Department of Human Services, at the following locations
2 in each facility at which gambling is conducted by the
3 licensed owner:
4 (i) Each entrance and exit.
5 (ii) Near each credit location.
6 The signs shall be provided by the Department of Human
7 Services.
8 (b) Each licensed owner shall print a statement
9 regarding obtaining assistance with gambling problems, the
10 text of which shall be determined by rule by the Department
11 of Human Services, on all paper stock that the licensed owner
12 provides to the general public.
13 (c) The Board shall maintain a confidential
14 Self-Exclusion List of persons who are prohibited from
15 entering the area of a riverboat where gambling is conducted
16 or making a wager at any riverboat gambling facility in
17 Illinois. A person who applies to place his or her name on
18 the Self-Exclusion List must designate a problem gambling
19 charitable organization that has been approved by the
20 Department of Human Services into which moneys shall be paid
21 as provided in item (10.1) of Section 11. The
22 confidentiality of the list shall be maintained in accordance
23 with the Mental Health and Developmental Disabilities Act.
24 (d) Each licensed owner shall cooperate fully with
25 implementing and enforcing the Self-Exclusion Program. A
26 riverboat gambling operation involved in the enforcement of
27 any provision of the Self-Exclusion Program, including but
28 not limited to, the confiscation of winnings, chip, tokens,
29 and other wagering instruments or the ejection of a person
30 placed on Self-Exclusion List from the riverboat gambling
31 operation, shall not be liable for reasonable and ordinary
32 conduct attendant thereto. Nothing in this Act shall limit
33 the liability of a riverboat gambling operation for willful
34 or wanton conduct or acts or failures to act that are not
-30- LRB093 02206 LRD 16517 a
1 specifically authorized by the Board in the administration or
2 enforcement of the Self-Exclusion Program.
3 (Source: P.A. 89-374, eff. 1-1-96; 89-507, eff. 7-1-97.)
4 (230 ILCS 10/18) (from Ch. 120, par. 2418)
5 Sec. 18. Prohibited Activities - Penalty.
6 (a) A person is guilty of a Class A misdemeanor for
7 doing any of the following:
8 (1) Conducting gambling where wagering is used or
9 to be used without a license issued by the Board.
10 (2) Conducting gambling where wagering is permitted
11 other than in the manner specified by Section 11.
12 (b) A person is guilty of a Class B misdemeanor for
13 doing any of the following:
14 (1) permitting a person under 21 years to make a
15 wager; or
16 (2) violating paragraph (12) of subsection (a) of
17 Section 11 of this Act.
18 (c) A person wagering or accepting a wager at any
19 location outside the riverboat is subject to the penalties in
20 paragraphs (1) or (2) of subsection (a) of Section 28-1 of
21 the Criminal Code of 1961.
22 (d) A person commits a Class 4 felony and, in addition,
23 shall be barred for life from riverboats under the
24 jurisdiction of the Board, if the person does any of the
25 following:
26 (1) Offers, promises, or gives anything of value or
27 benefit to a person who is connected with a riverboat
28 owner including, but not limited to, an officer or
29 employee of a licensed owner or holder of an occupational
30 license pursuant to an agreement or arrangement or with
31 the intent that the promise or thing of value or benefit
32 will influence the actions of the person to whom the
33 offer, promise, or gift was made in order to affect or
-31- LRB093 02206 LRD 16517 a
1 attempt to affect the outcome of a gambling game, or to
2 influence official action of a member of the Board.
3 (2) Solicits or knowingly accepts or receives a
4 promise of anything of value or benefit while the person
5 is connected with a riverboat including, but not limited
6 to, an officer or employee of a licensed owner, or holder
7 of an occupational license, pursuant to an understanding
8 or arrangement or with the intent that the promise or
9 thing of value or benefit will influence the actions of
10 the person to affect or attempt to affect the outcome of
11 a gambling game, or to influence official action of a
12 member of the Board.
13 (3) Uses or possesses with the intent to use a
14 device to assist:
15 (i) In projecting the outcome of the game.
16 (ii) In keeping track of the cards played.
17 (iii) In analyzing the probability of the
18 occurrence of an event relating to the gambling
19 game.
20 (iv) In analyzing the strategy for playing or
21 betting to be used in the game except as permitted
22 by the Board.
23 (4) Cheats at a gambling game.
24 (5) Manufactures, sells, or distributes any cards,
25 chips, dice, game or device which is intended to be used
26 to violate any provision of this Act.
27 (6) Alters or misrepresents the outcome of a
28 gambling game on which wagers have been made after the
29 outcome is made sure but before it is revealed to the
30 players.
31 (7) Places a bet after acquiring knowledge, not
32 available to all players, of the outcome of the gambling
33 game which is subject of the bet or to aid a person in
34 acquiring the knowledge for the purpose of placing a bet
-32- LRB093 02206 LRD 16517 a
1 contingent on that outcome.
2 (8) Claims, collects, or takes, or attempts to
3 claim, collect, or take, money or anything of value in or
4 from the gambling games, with intent to defraud, without
5 having made a wager contingent on winning a gambling
6 game, or claims, collects, or takes an amount of money or
7 thing of value of greater value than the amount won.
8 (9) Uses counterfeit chips or tokens in a gambling
9 game.
10 (10) Possesses any key or device designed for the
11 purpose of opening, entering, or affecting the operation
12 of a gambling game, drop box, or an electronic or
13 mechanical device connected with the gambling game or for
14 removing coins, tokens, chips or other contents of a
15 gambling game. This paragraph (10) does not apply to a
16 gambling licensee or employee of a gambling licensee
17 acting in furtherance of the employee's employment.
18 (11) Agrees to share, receive, or transfer a direct
19 or indirect financial or ownership interest in an owners
20 license in violation of the disclosure and approval
21 requirements of this Act and the rules of the Board.
22 (e) The possession of more than one of the devices
23 described in subsection (d), paragraphs (3), (5) or (10)
24 permits a rebuttable presumption that the possessor intended
25 to use the devices for cheating.
26 (f) A person under the age of 21 years who enters upon a
27 riverboat commits a petty offense. The fine to the
28 individual for the first offense shall be not less than $100
29 nor more than $250. The fine for a second or subsequent
30 offense shall be not less than $200 nor more than $500.
31 (g) A participant in the Self-Exclusion Program who, at
32 any time during his or her placement on the Self-Exclusion
33 List, enters or attempts to enter the area of a riverboat
34 where gambling is conducted or places wagers at a riverboat
-33- LRB093 02206 LRD 16517 a
1 shall be subject to arrest and prosecution for trespass and
2 shall forfeit all chips, tokens, and other wagering
3 instruments in his or her possession and all winnings,
4 regardless of whether they have been paid by the gambling
5 operation.
6 An action to prosecute any crime occurring on a riverboat
7 shall be tried in the county of the dock at which the
8 riverboat is based.
9 (Source: P.A. 91-40, eff. 6-25-99.)
10 Section 99. Effective date. This Act takes effect upon
11 becoming law.".
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