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90_SB0326
New Act
10 ILCS 5/28-1 from Ch. 46, par. 28-1
230 ILCS 10/7 from Ch. 120, par. 2407
Creates the Gambling Referendum Act. Requires an
advisory question to be submitted to the voters of the entire
State at the 1998 general election as to whether the General
Assembly should expand legalized gambling in Illinois.
Requires a question to be submitted to the voters of a
municipality or the unincorporated area of a county as to
whether the municipality or county should authorize riverboat
gambling or a new form of legalized gambling and an
affirmative vote by a majority of those voters before a new
license is issued to conduct riverboat gambling or to conduct
a new form of legalized gambling in the municipality or
county. Amends the Riverboat Gambling Act to make
corresponding changes. Amends the Election Code to provide
that the question submitted to the voters is not subject to
the 3 advisory referenda limitation. Effective immediately.
LRB9001139LDdvA
LRB9001139LDdvA
1 AN ACT to submit to the voters certain questions relating
2 to gambling, and to amend named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Short title. This Act may be cited as the
6 Gambling Referendum Act.
7 Section 5. Statewide advisory question. There shall be
8 submitted to the voters of the entire State at the 1998
9 general election an advisory question that shall be placed on
10 a separate ballot in the following form:
11 Should the General Assembly expand legalized gambling in
12 the State of Illinois by either increasing the number of
13 riverboat casinos or by authorizing additional forms of
14 gambling such as land-based casinos, video lottery
15 terminals, or slot machines?
16 The votes shall be recorded as "Yes" or "No".
17 Section 10. Certification. Not less than 67 days before
18 the 1998 general election, the State Board of Elections shall
19 certify the question specified in Section 5 to be submitted
20 to the voters of the entire State to the respective county
21 clerks. Not less than 61 days before the 1998 general
22 election, the county clerks shall certify the question to the
23 board of election commissioners, if any, in their respective
24 counties.
25 Section 15. Local question. Before a new license is
26 issued to conduct a new form of legalized gambling in a
27 municipality or the unincorporated area of a county, there
28 shall be submitted to the voters of the municipality or
29 county, as the case may be, a question as to whether that
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1 municipality or county should authorize that new form of
2 legalized gambling within its jurisdiction. The question
3 shall be submitted in substantially the following form:
4 Shall (municipality or county) expand legalized gambling
5 within its jurisdiction by authorizing (form of gambling)?
6 The votes shall be recorded as "Yes" or "No".
7 If a majority of the electors voting on the question vote
8 in the negative, the new license shall not be issued.
9 Section 85. The Election Code is amended by changing
10 Section 28-1 as follows:
11 (10 ILCS 5/28-1) (from Ch. 46, par. 28-1)
12 Sec. 28-1. The initiation and submission of all public
13 questions to be voted upon by the electors of the State or of
14 any political subdivision or district or precinct or
15 combination of precincts shall be subject to the provisions
16 of this Article.
17 Questions of public policy which have any legal effect
18 shall be submitted to referendum only as authorized by a
19 statute which so provides or by the Constitution. Advisory
20 questions of public policy shall be submitted to referendum
21 pursuant to Section 28-5 or pursuant to a statute which so
22 provides.
23 The method of initiating the submission of a public
24 question shall be as provided by the statute authorizing such
25 public question, or as provided by the Constitution.
26 All public questions shall be initiated, submitted and
27 printed on the ballot in the form required by Section 16-7 of
28 this Act, except as may otherwise be specified in the statute
29 authorizing a public question.
30 Whenever a statute provides for the initiation of a
31 public question by a petition of electors, the provisions of
32 such statute shall govern with respect to the number of
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1 signatures required, the qualifications of persons entitled
2 to sign the petition, the contents of the petition, the
3 officer with whom the petition must be filed, and the form of
4 the question to be submitted. If such statute does not
5 specify any of the foregoing petition requirements, the
6 corresponding petition requirements of Section 28-6 shall
7 govern such petition.
8 Irrespective of the method of initiation, not more than 3
9 public questions other than (a) back door referenda, (b)
10 referenda to determine whether a disconnection may take place
11 where a city coterminous with a township is proposing to
12 annex territory from an adjacent township or (c) referenda
13 held under the provisions of the Property Tax Extension
14 Limitation Law in the Property Tax Code may be submitted to
15 referendum with respect to a political subdivision at the
16 same election.
17 If more than 3 propositions are timely initiated or
18 certified for submission at an election with respect to a
19 political subdivision, the first 3 validly initiated, by the
20 filing of a petition or by the adoption of a resolution or
21 ordinance of a political subdivision, as the case may be,
22 shall be printed on the ballot and submitted at that
23 election. However, except as expressly authorized by law not
24 more than one proposition to change the form of government of
25 a municipality pursuant to Article VII of the Constitution
26 may be submitted at an election. If more than one such
27 proposition is timely initiated or certified for submission
28 at an election with respect to a municipality, the first
29 validly initiated shall be the one printed on the ballot and
30 submitted at that election.
31 No public question shall be submitted to the voters of a
32 political subdivision at any regularly scheduled election at
33 which such voters are not scheduled to cast votes for any
34 candidates for nomination for, election to or retention in
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1 public office, except that if, in any existing or proposed
2 political subdivision in which the submission of a public
3 question at a regularly scheduled election is desired, the
4 voters of only a portion of such existing or proposed
5 political subdivision are not scheduled to cast votes for
6 nomination for, election to or retention in public office at
7 such election, but the voters in one or more other portions
8 of such existing or proposed political subdivision are
9 scheduled to cast votes for nomination for, election to or
10 retention in public office at such election, the public
11 question shall be voted upon by all the qualified voters of
12 the entire existing or proposed political subdivision at the
13 election.
14 Not more than 3 advisory public questions may be
15 submitted to the voters of the entire state at a general
16 election. If more than 3 such advisory propositions are
17 initiated, the first 3 timely and validly initiated shall be
18 the questions printed on the ballot and submitted at that
19 election; provided however, that a question for a proposed
20 amendment to Article IV of the Constitution pursuant to
21 Section 3, Article XIV of the Constitution, or for a question
22 submitted under the Gambling Referendum Act or the Property
23 Tax Cap Referendum Law, shall not be included in the
24 foregoing limitation.
25 (Source: P.A. 88-116; 89-510, eff. 7-11-96.)
26 Section 90. The Riverboat Gambling Act is amended by
27 changing Section 7 as follows:
28 (230 ILCS 10/7) (from Ch. 120, par. 2407)
29 Sec. 7. Owners Licenses.
30 (a) The Board shall issue owners licenses to persons,
31 firms or corporations which apply for such licenses upon
32 payment to the Board of the non-refundable license fee set by
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1 the Board, upon payment of a $25,000 license fee for the
2 first year of operation and a $5,000 license fee for each
3 succeeding year and upon a determination by the Board that
4 the applicant is eligible for an owners license pursuant to
5 this Act and the rules of the Board. A person, firm or
6 corporation is ineligible to receive an owners license if:
7 (1) the person has been convicted of a felony under
8 the laws of this State, any other state, or the United
9 States;
10 (2) the person has been convicted of any violation
11 of Article 28 of the Criminal Code of 1961, or
12 substantially similar laws of any other jurisdiction;
13 (3) the person has submitted an application for a
14 license under this Act which contains false information;
15 (4) the person is a member of the Board;
16 (5) a person defined in (1), (2), (3) or (4) is an
17 officer, director or managerial employee of the firm or
18 corporation;
19 (6) the firm or corporation employs a person
20 defined in (1), (2), (3) or (4) who participates in the
21 management or operation of gambling operations authorized
22 under this Act;
23 (7) the person, firm or corporation owns more than
24 a 10% ownership interest in any entity holding an owners
25 license issued under this Act; or
26 (8) a license of the person, firm or corporation
27 issued under this Act, or a license to own or operate
28 gambling facilities in any other jurisdiction, has been
29 revoked.
30 (b) In determining whether to grant an owners license to
31 an applicant, the Board shall consider:
32 (1) the character, reputation, experience and
33 financial integrity of the applicants and of any other or
34 separate person that either:
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1 (A) controls, directly or indirectly, such
2 applicant, or
3 (B) is controlled, directly or indirectly, by
4 such applicant or by a person which controls,
5 directly or indirectly, such applicant;
6 (2) the facilities or proposed facilities for the
7 conduct of riverboat gambling;
8 (3) the highest prospective total revenue to be
9 derived by the State from the conduct of riverboat
10 gambling;
11 (4) the good faith affirmative action plan of each
12 applicant to recruit, train and upgrade minorities in all
13 employment classifications;
14 (5) the financial ability of the applicant to
15 purchase and maintain adequate liability and casualty
16 insurance;
17 (6) whether the applicant has adequate
18 capitalization to provide and maintain, for the duration
19 of a license, a riverboat; and
20 (7) the extent to which the applicant exceeds or
21 meets other standards for the issuance of an owners
22 license which the Board may adopt by rule.
23 (c) Each owners license shall specify the place where
24 riverboats shall operate and dock.
25 (d) Each applicant shall submit with his application, on
26 forms provided by the Board, 2 sets of his fingerprints.
27 (e) The Board may issue up to 10 licenses authorizing
28 the holders of such licenses to own riverboats. In the
29 application for an owners license, the applicant shall state
30 the dock at which the riverboat is based and the navigable
31 stream on which the riverboat will operate. The Board shall
32 issue 5 licenses to become effective not earlier than January
33 1, 1991. Four of such licenses shall authorize riverboat
34 gambling on the Mississippi River, one of which shall
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1 authorize riverboat gambling from a home dock in the city of
2 East St. Louis. The other license shall authorize riverboat
3 gambling on the Illinois River south of Marshall County. The
4 Board shall issue 1 additional license to become effective
5 not earlier than March 1, 1992, which shall authorize
6 riverboat gambling on the Des Plaines River in Will County.
7 The Board may issue 4 additional licenses to become effective
8 not earlier than March 1, 1992. In determining the navigable
9 streams upon which riverboats will operate with licenses
10 effective on or after March 1, 1992, the Board shall consider
11 the economic benefit which riverboat gambling confers on the
12 State, and shall seek to assure that all regions of the State
13 share in the economic benefits of riverboat gambling.
14 In granting all licenses, the Board may give favorable
15 consideration to economically depressed areas of the State,
16 to applicants presenting plans which provide for significant
17 economic development over a large geographic area, and to
18 applicants who currently operate non-gambling riverboats in
19 Illinois. The Board shall review all applications for owners
20 licenses, and shall inform each applicant of the Board's
21 decision.
22 The Board may revoke the owners license of a licensee
23 which fails to begin regular riverboat cruises within 12
24 months of receipt of the Board's approval of the application
25 if the Board determines that license revocation is in the
26 best interests of the State.
27 (f) The first 10 owners licenses issued under this Act
28 shall permit the holder to own up to 2 riverboats and
29 equipment thereon for a period of 3 years after the effective
30 date of the license. Holders of the first 10 owners licenses
31 must pay the annual license fee for each of the 3 years
32 during which they are authorized to own riverboats.
33 (g) Upon the termination, expiration or revocation of
34 each of the first 10 licenses, which shall be issued for a 3
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1 year period, all licenses are renewable annually upon payment
2 of the fee and a determination by the Board that the licensee
3 continues to meet all of the requirements of this Act and the
4 Board's rules.
5 (h) An owners license shall entitle the licensee to own
6 up to 2 riverboats. A licensee shall limit the number of
7 gambling participants to 1,200 for any such owners license.
8 Riverboats licensed to operate on the Mississippi River and
9 the Illinois River south of Marshall County shall have an
10 authorized capacity of at least 500 persons. Any other
11 riverboat licensed under this Act shall have an authorized
12 capacity of at least 400 persons.
13 (i) A licensed owner is authorized to apply to the Board
14 for and, if approved therefor, to receive all licenses from
15 the Board necessary for the operation of a riverboat,
16 including a liquor license, a license to prepare and serve
17 food for human consumption, and other necessary licenses.
18 All use, occupation and excise taxes which apply to the sale
19 of food and beverages in this State and all taxes imposed on
20 the sale or use of tangible personal property apply to such
21 sales aboard the riverboat.
22 (j) None of the first 5 licenses issued by the Board to
23 become effective not earlier than January 1, 1991 shall
24 authorize a riverboat to dock in a municipality with a
25 population of under 2,000; however, this restriction does not
26 apply to any additional licenses issued by the Board to
27 become effective not earlier than March 1, 1992. The Board
28 may issue a license authorizing a riverboat to dock in a
29 municipality only if, prior to the issuance of the license,
30 the governing body of the municipality has by a majority vote
31 approved the docking of riverboats in the municipality. The
32 Board may issue a license authorizing a riverboat to dock in
33 areas of a county outside any municipality only if, prior to
34 the issuance of the license, the governing body of the county
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1 has by a majority vote approved of the docking of riverboats
2 within such areas. However, for licenses issued on or after
3 the effective date of this amendatory Act of 1997, a question
4 must been submitted to the voters in the municipality or
5 county as to whether the municipality or county should
6 authorize riverboats to dock in the municipality or county.
7 If a majority of voters voting on the question vote in the
8 negative, a new license authorizing riverboat gambling in the
9 municipality or county shall not be issued.
10 (k) Nothing in this Act shall be interpreted to prohibit
11 a licensed owner from operating a school for the training of
12 any occupational licensee.
13 (Source: P.A. 86-1029; 86-1389; 86-1475; 87-826.)
14 Section 99. Effective date. This Act takes effect upon
15 becoming law.