Executive Committee

Filed: 5/3/2010

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1937

2     AMENDMENT NO. ______. Amend Senate Bill 1937 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Riverboat Gambling Act is amended by
5 changing Sections 4, 5, 5.1, 6, 7, 9, 11, 12, 13, 15, and 18 and
6 by adding Section 5.2 as follows:
 
7     (230 ILCS 10/4)  (from Ch. 120, par. 2404)
8     Sec. 4. Definitions. As used in this Act:
9     (a) "Board" means the Illinois Gaming Board.
10     (b) "Occupational license" means a license issued by the
11 Board to a person or entity to perform an occupation which the
12 Board has identified as requiring a license to engage in
13 riverboat gambling in Illinois.
14     (c) "Gambling game" includes, but is not limited to,
15 baccarat, twenty-one, poker, craps, slot machine, video game of
16 chance, roulette wheel, klondike table, punchboard, faro

 

 

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1 layout, keno layout, numbers ticket, push card, jar ticket, or
2 pull tab which is authorized by the Board as a wagering device
3 under this Act.
4     (d) "Riverboat" means a self-propelled excursion boat, a
5 permanently moored barge, or permanently moored barges that are
6 permanently fixed together to operate as one vessel, on which
7 lawful gambling is authorized and licensed as provided in this
8 Act.
9     (e) "Managers license" means a license issued by the Board
10 to a person or entity to manage gambling operations conducted
11 by the State pursuant to Section 7.3.
12     (f) "Dock" means the location where a riverboat moors for
13 the purpose of embarking passengers for and disembarking
14 passengers from the riverboat.
15     (g) "Gross receipts" means the total amount of money
16 exchanged for the purchase of chips, tokens or electronic cards
17 by riverboat patrons.
18     (h) "Adjusted gross receipts" means the gross receipts less
19 winnings paid to wagerers.
20     (i) "Cheat" means to alter the selection of criteria which
21 determine the result of a gambling game or the amount or
22 frequency of payment in a gambling game.
23     (j) (Blank) "Department" means the Department of Revenue.
24     (k) "Gambling operation" means the conduct of authorized
25 gambling games upon a riverboat.
26     (l) "License bid" means the lump sum amount of money that

 

 

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1 an applicant bids and agrees to pay the State in return for an
2 owners license that is re-issued on or after July 1, 2003.
3     (m) The terms "minority person", and "female", and "person
4 with a disability" shall have the same meaning as defined in
5 Section 2 of the Business Enterprise for Minorities, Females,
6 and Persons with Disabilities Act.
7 (Source: P.A. 95-331, eff. 8-21-07.)
 
8     (230 ILCS 10/5)  (from Ch. 120, par. 2405)
9     Sec. 5. Gaming Board.
10     (a) (1) There is hereby established the within the
11 Department of Revenue an Illinois Gaming Board, which shall
12 have the powers and duties specified in this Act, and all other
13 powers necessary and proper to fully and effectively execute
14 this Act for the purpose of administering, regulating, and
15 enforcing the system of riverboat gambling established by this
16 Act. Its jurisdiction shall extend under this Act to every
17 person, association, corporation, partnership and trust
18 involved in riverboat gambling operations in the State of
19 Illinois.
20     (2) The Board shall consist of 5 members to be appointed by
21 the Governor with the advice and consent of the Senate, one of
22 whom shall be designated by the Governor to be chairman. Each
23 member shall have a reasonable knowledge of the practice,
24 procedure and principles of gambling operations. Each member
25 shall either be a resident of Illinois or shall certify that he

 

 

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1 will become a resident of Illinois before taking office. At
2 least one member shall be experienced in law enforcement and
3 criminal investigation, at least one member shall be a
4 certified public accountant experienced in accounting and
5 auditing, and at least one member shall be a lawyer licensed to
6 practice law in Illinois.
7     (3) The terms of office of the Board members shall be 3
8 years, except that the terms of office of the initial Board
9 members appointed pursuant to this Act will commence from the
10 effective date of this Act and run as follows: one for a term
11 ending July 1, 1991, 2 for a term ending July 1, 1992, and 2 for
12 a term ending July 1, 1993. Upon the expiration of the
13 foregoing terms, the successors of such members shall serve a
14 term for 3 years and until their successors are appointed and
15 qualified for like terms. Vacancies in the Board shall be
16 filled for the unexpired term in like manner as original
17 appointments. Each member of the Board shall be eligible for
18 reappointment at the discretion of the Governor with the advice
19 and consent of the Senate.
20     (4) Each member of the Board shall receive $300 for each
21 day the Board meets and for each day the member conducts any
22 hearing pursuant to this Act. Each member of the Board shall
23 also be reimbursed for all actual and necessary expenses and
24 disbursements incurred in the execution of official duties.
25     (5) No person shall be appointed a member of the Board or
26 continue to be a member of the Board who is, or whose spouse,

 

 

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1 child or parent is, a member of the board of directors of, or a
2 person financially interested in, any gambling operation
3 subject to the jurisdiction of this Board, or any race track,
4 race meeting, racing association or the operations thereof
5 subject to the jurisdiction of the Illinois Racing Board. No
6 Board member shall hold any other public office for which he
7 shall receive compensation other than necessary travel or other
8 incidental expenses. No person shall be a member of the Board
9 who is not of good moral character or who has been convicted
10 of, or is under indictment for, a felony under the laws of
11 Illinois or any other state, or the United States.
12     (5.5) No member of the Board shall engage in any political
13 activity. For the purposes of this Section, "political" means
14 any activity in support of or in connection with any campaign
15 for federal, State, or local elective office or any political
16 organization, but does not include activities (i) relating to
17 the support or opposition of any executive, legislative, or
18 administrative action (as those terms are defined in Section 2
19 of the Lobbyist Registration Act), (ii) relating to collective
20 bargaining, or (iii) that are otherwise in furtherance of the
21 person's official State duties or governmental and public
22 service functions.
23     (6) Any member of the Board may be removed by the Governor
24 for neglect of duty, misfeasance, malfeasance, or nonfeasance
25 in office or for engaging in any political activity.
26     (7) Before entering upon the discharge of the duties of his

 

 

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1 office, each member of the Board shall take an oath that he
2 will faithfully execute the duties of his office according to
3 the laws of the State and the rules and regulations adopted
4 therewith and shall give bond to the State of Illinois,
5 approved by the Governor, in the sum of $25,000. Every such
6 bond, when duly executed and approved, shall be recorded in the
7 office of the Secretary of State. Whenever the Governor
8 determines that the bond of any member of the Board has become
9 or is likely to become invalid or insufficient, he shall
10 require such member forthwith to renew his bond, which is to be
11 approved by the Governor. Any member of the Board who fails to
12 take oath and give bond within 30 days from the date of his
13 appointment, or who fails to renew his bond within 30 days
14 after it is demanded by the Governor, shall be guilty of
15 neglect of duty and may be removed by the Governor. The cost of
16 any bond given by any member of the Board under this Section
17 shall be taken to be a part of the necessary expenses of the
18 Board.
19     (8) The Upon the request of the Board, the Department shall
20 employ such personnel as may be necessary to carry out its the
21 functions and shall determine the salaries of all personnel,
22 except those personnel whose salaries are determined under the
23 terms of a collective bargaining agreement of the Board. No
24 person shall be employed to serve the Board who is, or whose
25 spouse, parent or child is, an official of, or has a financial
26 interest in or financial relation with, any operator engaged in

 

 

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1 gambling operations within this State or any organization
2 engaged in conducting horse racing within this State. Any
3 employee violating these prohibitions shall be subject to
4 termination of employment.
5     (9) An Administrator shall perform any and all duties that
6 the Board shall assign him. The salary of the Administrator
7 shall be determined by the Board and approved by the Director
8 of the Department and, in addition, he shall be reimbursed for
9 all actual and necessary expenses incurred by him in discharge
10 of his official duties. The Administrator shall keep records of
11 all proceedings of the Board and shall preserve all records,
12 books, documents and other papers belonging to the Board or
13 entrusted to its care. The Administrator shall devote his full
14 time to the duties of the office and shall not hold any other
15 office or employment.
16     (b) The Board shall have general responsibility for the
17 implementation of this Act. Its duties include, without
18 limitation, the following:
19         (1) To decide promptly and in reasonable order all
20     license applications. Any party aggrieved by an action of
21     the Board denying, suspending, revoking, restricting or
22     refusing to renew a license may request a hearing before
23     the Board. A request for a hearing must be made to the
24     Board in writing within 5 days after service of notice of
25     the action of the Board. Notice of the action of the Board
26     shall be served either by personal delivery or by certified

 

 

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1     mail, postage prepaid, to the aggrieved party. Notice
2     served by certified mail shall be deemed complete on the
3     business day following the date of such mailing. The Board
4     shall conduct all requested hearings promptly and in
5     reasonable order;
6         (2) To conduct all hearings pertaining to civil
7     violations of this Act or rules and regulations promulgated
8     hereunder;
9         (3) To promulgate such rules and regulations as in its
10     judgment may be necessary to protect or enhance the
11     credibility and integrity of gambling operations
12     authorized by this Act and the regulatory process
13     hereunder;
14         (4) To provide for the establishment and collection of
15     all license and registration fees and taxes imposed by this
16     Act and the rules and regulations issued pursuant hereto.
17     All such fees and taxes shall be deposited into the State
18     Gaming Fund;
19         (5) To provide for the levy and collection of penalties
20     and fines for the violation of provisions of this Act and
21     the rules and regulations promulgated hereunder. All such
22     fines and penalties shall be deposited into the Education
23     Assistance Fund, created by Public Act 86-0018, of the
24     State of Illinois;
25         (6) To be present through its inspectors and agents any
26     time gambling operations are conducted on any riverboat for

 

 

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1     the purpose of certifying the revenue thereof, receiving
2     complaints from the public, and conducting such other
3     investigations into the conduct of the gambling games and
4     the maintenance of the equipment as from time to time the
5     Board may deem necessary and proper;
6         (7) To review and rule upon any complaint by a licensee
7     regarding any investigative procedures of the State which
8     are unnecessarily disruptive of gambling operations. The
9     need to inspect and investigate shall be presumed at all
10     times. The disruption of a licensee's operations shall be
11     proved by clear and convincing evidence, and establish
12     that: (A) the procedures had no reasonable law enforcement
13     purposes, and (B) the procedures were so disruptive as to
14     unreasonably inhibit gambling operations;
15         (8) To hold at least one meeting each quarter of the
16     fiscal year. In addition, special meetings may be called by
17     the Chairman or any 2 Board members upon 72 hours written
18     notice to each member. All Board meetings shall be subject
19     to the Open Meetings Act. Three members of the Board shall
20     constitute a quorum, and 3 votes shall be required for any
21     final determination by the Board. The Board shall keep a
22     complete and accurate record of all its meetings. A
23     majority of the members of the Board shall constitute a
24     quorum for the transaction of any business, for the
25     performance of any duty, or for the exercise of any power
26     which this Act requires the Board members to transact,

 

 

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1     perform or exercise en banc, except that, upon order of the
2     Board, one of the Board members or an administrative law
3     judge designated by the Board may conduct any hearing
4     provided for under this Act or by Board rule and may
5     recommend findings and decisions to the Board. The Board
6     member or administrative law judge conducting such hearing
7     shall have all powers and rights granted to the Board in
8     this Act. The record made at the time of the hearing shall
9     be reviewed by the Board, or a majority thereof, and the
10     findings and decision of the majority of the Board shall
11     constitute the order of the Board in such case;
12         (9) To maintain records which are separate and distinct
13     from the records of any other State board or commission.
14     Such records shall be available for public inspection and
15     shall accurately reflect all Board proceedings;
16         (10) To file a written annual report with the Governor
17     on or before March 1 each year and such additional reports
18     as the Governor may request. The annual report shall
19     include a statement of receipts and disbursements by the
20     Board, actions taken by the Board, and any additional
21     information and recommendations which the Board may deem
22     valuable or which the Governor may request;
23         (11) (Blank);
24         (12) (Blank); To assume responsibility for the
25     administration and enforcement of the Bingo License and Tax
26     Act, the Charitable Games Act, and the Pull Tabs and Jar

 

 

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1     Games Act if such responsibility is delegated to it by the
2     Director of Revenue; and
3         (13) To assume responsibility for administration and
4     enforcement of the Video Gaming Act; and .
5         (14) To adopt, by rule, a code of conduct governing
6     Board members and employees that ensure, to the maximum
7     extent possible, that persons subject to this Code avoid
8     situations, relationships, or associations that may
9     represent or lead to a conflict of interest.
10     (c) The Board shall have jurisdiction over and shall
11 supervise all gambling operations governed by this Act. The
12 Board shall have all powers necessary and proper to fully and
13 effectively execute the provisions of this Act, including, but
14 not limited to, the following:
15         (1) To investigate applicants and determine the
16     eligibility of applicants for licenses and to select among
17     competing applicants the applicants which best serve the
18     interests of the citizens of Illinois.
19         (2) To have jurisdiction and supervision over all
20     riverboat gambling operations in this State and all persons
21     on riverboats where gambling operations are conducted.
22         (3) To promulgate rules and regulations for the purpose
23     of administering the provisions of this Act and to
24     prescribe rules, regulations and conditions under which
25     all riverboat gambling in the State shall be conducted.
26     Such rules and regulations are to provide for the

 

 

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1     prevention of practices detrimental to the public interest
2     and for the best interests of riverboat gambling, including
3     rules and regulations regarding the inspection of such
4     riverboats and the review of any permits or licenses
5     necessary to operate a riverboat under any laws or
6     regulations applicable to riverboats, and to impose
7     penalties for violations thereof.
8         (4) To enter the office, riverboats, facilities, or
9     other places of business of a licensee, where evidence of
10     the compliance or noncompliance with the provisions of this
11     Act is likely to be found.
12         (5) To investigate alleged violations of this Act or
13     the rules of the Board and to take appropriate disciplinary
14     action against a licensee or a holder of an occupational
15     license for a violation, or institute appropriate legal
16     action for enforcement, or both.
17         (6) To adopt standards for the licensing of all persons
18     under this Act, as well as for electronic or mechanical
19     gambling games, and to establish fees for such licenses.
20         (7) To adopt appropriate standards for all riverboats
21     and facilities.
22         (8) To require that the records, including financial or
23     other statements of any licensee under this Act, shall be
24     kept in such manner as prescribed by the Board and that any
25     such licensee involved in the ownership or management of
26     gambling operations submit to the Board an annual balance

 

 

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1     sheet and profit and loss statement, list of the
2     stockholders or other persons having a 1% or greater
3     beneficial interest in the gambling activities of each
4     licensee, and any other information the Board deems
5     necessary in order to effectively administer this Act and
6     all rules, regulations, orders and final decisions
7     promulgated under this Act.
8         (9) To conduct hearings, issue subpoenas for the
9     attendance of witnesses and subpoenas duces tecum for the
10     production of books, records and other pertinent documents
11     in accordance with the Illinois Administrative Procedure
12     Act, and to administer oaths and affirmations to the
13     witnesses, when, in the judgment of the Board, it is
14     necessary to administer or enforce this Act or the Board
15     rules.
16         (10) To prescribe a form to be used by any licensee
17     involved in the ownership or management of gambling
18     operations as an application for employment for their
19     employees.
20         (11) To revoke or suspend licenses, as the Board may
21     see fit and in compliance with applicable laws of the State
22     regarding administrative procedures, and to review
23     applications for the renewal of licenses. The Board may
24     suspend an owners license, without notice or hearing upon a
25     determination that the safety or health of patrons or
26     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 or
7     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 such
11     that his presence within the riverboat gambling facilities
12     may, in the opinion of the Board, call into question the
13     honesty and integrity of the gambling operations or
14     interfere with orderly conduct thereof; provided that the
15     propriety of such ejection or exclusion is subject to
16     subsequent hearing by the Board.
17         (13) To require all licensees of gambling operations to
18     utilize a cashless wagering system whereby all players'
19     money is converted to tokens, electronic cards, or chips
20     which shall be used only for wagering in the gambling
21     establishment.
22         (14) (Blank).
23         (15) To suspend, revoke or restrict licenses, to
24     require the removal of a licensee or an employee of a
25     licensee for a violation of this Act or a Board rule or for
26     engaging in a fraudulent practice, and to impose civil

 

 

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1     penalties of up to $5,000 against individuals and up to
2     $10,000 or an amount equal to the daily gross receipts,
3     whichever is larger, against licensees for each violation
4     of any provision of the Act, any rules adopted by the
5     Board, any order of the Board or any other action which, in
6     the Board's discretion, is a detriment or impediment to
7     riverboat gambling operations.
8         (16) To hire employees to gather information, conduct
9     investigations and carry out any other tasks contemplated
10     under this Act.
11         (17) To establish minimum levels of insurance to be
12     maintained by licensees.
13         (18) To authorize a licensee to sell or serve alcoholic
14     liquors, wine or beer as defined in the Liquor Control Act
15     of 1934 on board a riverboat and to have exclusive
16     authority to establish the hours for sale and consumption
17     of alcoholic liquor on board a riverboat, notwithstanding
18     any provision of the Liquor Control Act of 1934 or any
19     local ordinance, and regardless of whether the riverboat
20     makes excursions. The establishment of the hours for sale
21     and consumption of alcoholic liquor on board a riverboat is
22     an exclusive power and function of the State. A home rule
23     unit may not establish the hours for sale and consumption
24     of alcoholic liquor on board a riverboat. This amendatory
25     Act of 1991 is a denial and limitation of home rule powers
26     and functions under subsection (h) of Section 6 of Article

 

 

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1     VII of the Illinois Constitution.
2         (19) After consultation with the U.S. Army Corps of
3     Engineers, to establish binding emergency orders upon the
4     concurrence of a majority of the members of the Board
5     regarding the navigability of water, relative to
6     excursions, in the event of extreme weather conditions,
7     acts of God or other extreme circumstances.
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 hereunder.
11         (20.5) To approve any contract entered into on its
12     behalf.
13         (20.6) To appoint investigators to conduct
14     investigations, searches, seizures, arrests, and other
15     duties imposed under this Act, as deemed necessary by the
16     Board. These investigators have and may exercise all of the
17     rights and powers of peace officers, provided that these
18     powers shall be limited to offenses or violations occurring
19     or committed on a riverboat or dock, as defined in
20     subsections (d) and (f) of Section 4, or as otherwise
21     provided by this Act or any other law.
22         (20.7) To contract with the Department of State Police
23     for the use of trained and qualified State police officers
24     and with the Department of Revenue for the use of trained
25     and qualified Department of Revenue investigators to
26     conduct investigations, searches, seizures, arrests, and

 

 

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1     other duties imposed under this Act and to exercise all of
2     the rights and powers of peace officers, provided that the
3     powers of Department of Revenue investigators under this
4     subdivision (20.7) shall be limited to offenses or
5     violations occurring or committed on a riverboat or dock,
6     as defined in subsections (d) and (f) of Section 4, or as
7     otherwise provided by this Act or any other law. In the
8     event the Department of State Police or the Department of
9     Revenue is unable to fill contracted police or
10     investigative positions, the Board may appoint
11     investigators to fill those positions pursuant to
12     subdivision (20.6).
13         (21) To take any other action as may be reasonable or
14     appropriate to enforce this Act and rules and regulations
15     hereunder.
16     (d) The Board may seek and shall receive the cooperation of
17 the Department of State Police in conducting background
18 investigations of applicants and in fulfilling its
19 responsibilities under this Section. Costs incurred by the
20 Department of State Police as a result of such cooperation
21 shall be paid by the Board in conformance with the requirements
22 of Section 2605-400 of the Department of State Police Law (20
23 ILCS 2605/2605-400).
24     (e) The Board must authorize to each investigator and to
25 any other employee of the Board exercising the powers of a
26 peace officer a distinct badge that, on its face, (i) clearly

 

 

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1 states that the badge is authorized by the Board and (ii)
2 contains a unique identifying number. No other badge shall be
3 authorized by the Board.
4 (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; revised
5 8-20-09.)
 
6     (230 ILCS 10/5.1)  (from Ch. 120, par. 2405.1)
7     Sec. 5.1. Disclosure of records.
8     (a) Notwithstanding any applicable statutory provision to
9 the contrary, the Board shall, on written request from any
10 person, provide information furnished by an applicant or
11 licensee concerning the applicant or licensee, his products,
12 services or gambling enterprises and his business holdings, as
13 follows:
14         (1) The name, business address and business telephone
15     number of any applicant or licensee.
16         (2) An identification of any applicant or licensee
17     including, if an applicant or licensee is not an
18     individual, the state of incorporation or registration,
19     the corporate officers, and the identity of all
20     shareholders or participants. If an applicant or licensee
21     has a pending registration statement filed with the
22     Securities and Exchange Commission, only the names of those
23     persons or entities holding interest of 5% or more must be
24     provided.
25         (3) An identification of any business, including, if

 

 

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1     applicable, the state of incorporation or registration, in
2     which an applicant or licensee or an applicant's or
3     licensee's spouse or children has an equity interest of
4     more than 1% 5%. If an applicant or licensee is a
5     corporation, partnership or other business entity, the
6     applicant or licensee shall identify any other
7     corporation, partnership or business entity in which it has
8     an equity interest of 1% 5% or more, including, if
9     applicable, the state of incorporation or registration.
10     This information need not be provided by a corporation,
11     partnership or other business entity that has a pending
12     registration statement filed with the Securities and
13     Exchange Commission.
14         (4) Whether an applicant or licensee has been indicted,
15     convicted, pleaded guilty or nolo contendere, or forfeited
16     bail concerning any criminal offense under the laws of any
17     jurisdiction, either felony or misdemeanor (except for
18     traffic violations), including the date, the name and
19     location of the court, arresting agency and prosecuting
20     agency, the case number, the offense, the disposition and
21     the location and length of incarceration.
22         (5) Whether an applicant or licensee has had any
23     license or certificate issued by a licensing authority in
24     Illinois or any other jurisdiction denied, restricted,
25     suspended, revoked or not renewed and a statement
26     describing the facts and circumstances concerning the

 

 

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1     denial, restriction, suspension, revocation or
2     non-renewal, including the licensing authority, the date
3     each such action was taken, and the reason for each such
4     action.
5         (6) Whether an applicant or licensee has ever filed or
6     had filed against it a proceeding in bankruptcy or has ever
7     been involved in any formal process to adjust, defer,
8     suspend or otherwise work out the payment of any debt
9     including the date of filing, the name and location of the
10     court, the case and number of the disposition.
11         (7) Whether an applicant or licensee has filed, or been
12     served with a complaint or other notice filed with any
13     public body, regarding the delinquency in the payment of,
14     or a dispute over the filings concerning the payment of,
15     any tax required under federal, State or local law,
16     including the amount, type of tax, the taxing agency and
17     time periods involved.
18         (8) A statement listing the names and titles of all
19     public officials or officers of any unit of government, and
20     relatives of said public officials or officers who,
21     directly or indirectly, own any financial interest in, have
22     any beneficial interest in, are the creditors of or hold
23     any debt instrument issued by, or hold or have any interest
24     in any contractual or service relationship with, an
25     applicant or licensee.
26         (9) Whether an applicant or licensee has made, directly

 

 

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1     or indirectly, any political contribution, or any loans,
2     donations or other payments, to any candidate or office
3     holder, within 5 years from the date of filing the
4     application, including the amount and the method of
5     payment.
6         (10) The name and business telephone number of the
7     counsel representing an applicant or licensee in matters
8     before the Board.
9         (11) A description of any proposed or approved
10     riverboat gaming operation, including the type of boat,
11     home dock location, expected economic benefit to the
12     community, anticipated or actual number of employees, any
13     statement from an applicant or licensee regarding
14     compliance with federal and State affirmative action
15     guidelines, projected or actual admissions and projected
16     or actual adjusted gross gaming receipts.
17         (12) A description of the product or service to be
18     supplied by an applicant for a supplier's license.
19     (b) Notwithstanding any applicable statutory provision to
20 the contrary, the Board shall, on written request from any
21 person, also provide the following information:
22         (1) The amount of the wagering tax and admission tax
23     paid daily to the State of Illinois by the holder of an
24     owner's license.
25         (2) Whenever the Board finds an applicant for an
26     owner's license unsuitable for licensing, a copy of the

 

 

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1     written letter outlining the reasons for the denial.
2         (3) Whenever the Board has refused to grant leave for
3     an applicant to withdraw his application, a copy of the
4     letter outlining the reasons for the refusal.
5     (c) Subject to the above provisions, the Board shall not
6 disclose any information which would be barred by:
7         (1) Section 7 of the Freedom of Information Act; or
8         (2) The statutes, rules, regulations or
9     intergovernmental agreements of any jurisdiction.
10     (d) The Board may assess fees for the copying of
11 information in accordance with Section 6 of the Freedom of
12 Information Act.
13 (Source: P.A. 87-826.)
 
14     (230 ILCS 10/5.2 new)
15     Sec. 5.2. Separation from Department of Revenue. As of July
16 1, 2009, all of the powers, duties, assets, liabilities,
17 employees, contracts, property, records, pending business, and
18 unexpended appropriations of the Department of Revenue related
19 to the administration and enforcement of this Act are
20 transferred to the Illinois Gaming Board.
21     The status and rights of the transferred employees, and the
22 rights of the State of Illinois and its agencies, under the
23 Personnel Code and applicable collective bargaining agreements
24 or under any pension, retirement, or annuity plan are not
25 affected (except as provided in Sections 14-110 and 18-127 of

 

 

09600SB1937ham001 - 23 - LRB096 09645 AMC 40627 a

1 the Illinois Pension Code) by that transfer or by any other
2 provision of this amendatory Act of the 96th General Assembly.
3     This Section is declarative of existing law.
 
4     (230 ILCS 10/6)  (from Ch. 120, par. 2406)
5     Sec. 6. Application for Owners License.
6     (a) A qualified person may apply to the Board for an owners
7 license to conduct a riverboat gambling operation as provided
8 in this Act. The application shall be made on forms provided by
9 the Board and shall contain such information as the Board
10 prescribes, including but not limited to the identity of the
11 riverboat on which such gambling operation is to be conducted
12 and the exact location where such riverboat will be docked, a
13 certification that the riverboat will be registered under this
14 Act at all times during which gambling operations are conducted
15 on board, detailed information regarding the ownership and
16 management of the applicant, and detailed personal information
17 regarding the applicant. Any application for an owners license
18 to be re-issued on or after June 1, 2003 shall also include the
19 applicant's license bid in a form prescribed by the Board.
20 Information provided on the application shall be used as a
21 basis for a thorough background investigation which the Board
22 shall conduct with respect to each applicant. An incomplete
23 application shall be cause for denial of a license by the
24 Board.
25     (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 than
6 1% direct or indirect pecuniary interest in the riverboat
7 gambling operation with respect to which the license is sought.
8 If the disclosed entity is a trust, the application shall
9 disclose the names and addresses of the beneficiaries; if a
10 corporation, the names and addresses of all stockholders and
11 directors; if a partnership, the names and addresses of all
12 partners, both general and limited.
13     (d) An application shall be filed and considered in
14 accordance with the rules of the Board with the Board by
15 January 1 of the year preceding any calendar year for which an
16 applicant seeks an owners license; however, applications for an
17 owners license permitting operations on January 1, 1991 shall
18 be filed by July 1, 1990. An application fee of $50,000 shall
19 be paid at the time of filing to defray the costs associated
20 with the background investigation conducted by the Board. If
21 the costs of the investigation exceed $50,000, the applicant
22 shall pay the additional amount to the Board. If the costs of
23 the investigation are less than $50,000, the applicant shall
24 receive a refund of the remaining amount. All information,
25 records, interviews, reports, statements, memoranda or other
26 data supplied to or used by the Board in the course of its

 

 

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1 review or investigation of an application for a license or a
2 renewal under this Act shall be privileged, strictly
3 confidential and shall be used only for the purpose of
4 evaluating an applicant for a license or a renewal. Such
5 information, records, interviews, reports, statements,
6 memoranda or other data shall not be admissible as evidence,
7 nor discoverable in any action of any kind in any court or
8 before any tribunal, board, agency or person, except for any
9 action deemed necessary by the Board.
10     (e) The Board shall charge each applicant a fee set by the
11 Department of State Police to defray the costs associated with
12 the search and classification of fingerprints obtained by the
13 Board with respect to the applicant's application. These fees
14 shall be paid into the State Police Services Fund.
15     (f) The licensed owner shall be the person primarily
16 responsible for the boat itself. Only one riverboat gambling
17 operation may be authorized by the Board on any riverboat. The
18 applicant must identify each riverboat it intends to use and
19 certify that the riverboat: (1) has the authorized capacity
20 required in this Act; (2) is accessible to disabled persons;
21 and (3) is fully registered and licensed in accordance with any
22 applicable laws.
23     (g) A person who knowingly makes a false statement on an
24 application is guilty of a Class A misdemeanor.
25 (Source: P.A. 93-28, eff. 6-20-03.)
 

 

 

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1     (230 ILCS 10/7)  (from Ch. 120, par. 2407)
2     Sec. 7. Owners Licenses.
3     (a) The Board shall issue owners licenses to persons, firms
4 or corporations which apply for such licenses upon payment to
5 the Board of the non-refundable license fee set by the Board,
6 upon payment of a $25,000 license fee for the first year of
7 operation and a $5,000 license fee for each succeeding year and
8 upon a determination by the Board that the applicant is
9 eligible for an owners license pursuant to this Act and the
10 rules of the Board. From the effective date of this amendatory
11 Act of the 95th General Assembly until (i) 3 years after the
12 effective date of this amendatory Act of the 95th General
13 Assembly, (ii) the date any organization licensee begins to
14 operate a slot machine or video game of chance under the
15 Illinois Horse Racing Act of 1975 or this Act, (iii) the date
16 that payments begin under subsection (c-5) of Section 13 of the
17 Act, or (iv) the wagering tax imposed under Section 13 of this
18 Act is increased by law to reflect a tax rate that is at least
19 as stringent or more stringent than the tax rate contained in
20 subsection (a-3) of Section 13, whichever occurs first, as a
21 condition of licensure and as an alternative source of payment
22 for those funds payable under subsection (c-5) of Section 13 of
23 the Riverboat Gambling Act, any owners licensee that holds or
24 receives its owners license on or after the effective date of
25 this amendatory Act of the 94th General Assembly, other than an
26 owners licensee operating a riverboat with adjusted gross

 

 

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1 receipts in calendar year 2004 of less than $200,000,000, must
2 pay into the Horse Racing Equity Trust Fund, in addition to any
3 other payments required under this Act, an amount equal to 3%
4 of the adjusted gross receipts received by the owners licensee.
5 The payments required under this Section shall be made by the
6 owners licensee to the State Treasurer no later than 3:00
7 o'clock p.m. of the day after the day when the adjusted gross
8 receipts were received by the owners licensee. A person, firm
9 or corporation is ineligible to receive an owners license if:
10         (1) the person has been convicted of a felony under the
11     laws of this State, any other state, or the United States;
12         (2) the person has been convicted of any violation of
13     Article 28 of the Criminal Code of 1961, or substantially
14     similar laws of any other jurisdiction;
15         (3) the person has submitted an application for a
16     license under this Act which contains false information;
17         (4) the person is a member of the Board;
18         (5) a person defined in (1), (2), (3) or (4) is an
19     officer, director or managerial employee of the firm or
20     corporation;
21         (6) the firm or corporation employs a person defined in
22     (1), (2), (3) or (4) who participates in the management or
23     operation of gambling operations authorized under this
24     Act;
25         (7) (blank); or
26         (8) a license of the person, firm or corporation issued

 

 

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1     under this Act, or a license to own or operate gambling
2     facilities in any other jurisdiction, has been revoked.
3     The Board is expressly prohibited from making changes to
4 the requirement that licensees make payment into the Horse
5 Racing Equity Trust Fund without the express authority of the
6 Illinois General Assembly and making any other rule to
7 implement or interpret this amendatory Act of the 95th General
8 Assembly. For the purposes of this paragraph, "rules" is given
9 the meaning given to that term in Section 1-70 of the Illinois
10 Administrative Procedure Act.
11     (b) In determining whether to grant an owners license to an
12 applicant, the Board shall consider:
13         (1) the character, reputation, experience and
14     financial integrity of the applicants and of any other or
15     separate person that either:
16             (A) controls, directly or indirectly, such
17         applicant, or
18             (B) is controlled, directly or indirectly, by such
19         applicant or by a person which controls, directly or
20         indirectly, such applicant;
21         (2) the facilities or proposed facilities for the
22     conduct of riverboat gambling;
23         (3) the highest prospective total revenue to be derived
24     by the State from the conduct of riverboat gambling;
25         (4) the extent to which the ownership of the applicant
26     reflects the diversity of the State by including minority

 

 

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1     persons, and females, and persons with a disability and the
2     good faith affirmative action plan of each applicant to
3     recruit, train and upgrade minority persons, and females,
4     and persons with a disability in all employment
5     classifications;
6         (5) the financial ability of the applicant to purchase
7     and maintain adequate liability and casualty insurance;
8         (6) whether the applicant has adequate capitalization
9     to provide and maintain, for the duration of a license, a
10     riverboat;
11         (7) the extent to which the applicant exceeds or meets
12     other standards for the issuance of an owners license which
13     the Board may adopt by rule; and
14         (8) The amount of the applicant's license bid.
15     (c) Each owners license shall specify the place where
16 riverboats shall operate and dock.
17     (d) Each applicant shall submit with his application, on
18 forms provided by the Board, 2 sets of his fingerprints.
19     (e) The Board may issue up to 10 licenses authorizing the
20 holders of such licenses to own riverboats. In the application
21 for an owners license, the applicant shall state the dock at
22 which the riverboat is based and the water on which the
23 riverboat will be located. The Board shall issue 5 licenses to
24 become effective not earlier than January 1, 1991. Three of
25 such licenses shall authorize riverboat gambling on the
26 Mississippi River, or, with approval by the municipality in

 

 

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1 which the riverboat was docked on August 7, 2003 and with Board
2 approval, be authorized to relocate to a new location, in a
3 municipality that (1) borders on the Mississippi River or is
4 within 5 miles of the city limits of a municipality that
5 borders on the Mississippi River and (2), on August 7, 2003,
6 had a riverboat conducting riverboat gambling operations
7 pursuant to a license issued under this Act; one of which shall
8 authorize riverboat gambling from a home dock in the city of
9 East St. Louis. One other license shall authorize riverboat
10 gambling on the Illinois River south of Marshall County. The
11 Board shall issue one additional license to become effective
12 not earlier than March 1, 1992, which shall authorize riverboat
13 gambling on the Des Plaines River in Will County. The Board may
14 issue 4 additional licenses to become effective not earlier
15 than March 1, 1992. In determining the water upon which
16 riverboats will operate, the Board shall consider the economic
17 benefit which riverboat gambling confers on the State, and
18 shall seek to assure that all regions of the State share in the
19 economic benefits of riverboat gambling.
20     In granting all licenses, the Board may give favorable
21 consideration to economically depressed areas of the State, to
22 applicants presenting plans which provide for significant
23 economic development over a large geographic area, and to
24 applicants who currently operate non-gambling riverboats in
25 Illinois. The Board shall review all applications for owners
26 licenses, and shall inform each applicant of the Board's

 

 

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1 decision. The Board may grant an owners license to an applicant
2 that has not submitted the highest license bid, but if it does
3 not select the highest bidder, the Board shall issue a written
4 decision explaining why another applicant was selected and
5 identifying the factors set forth in this Section that favored
6 the winning bidder.
7     In addition to any other revocation powers granted to the
8 Board under this Act, the Board may revoke the owners license
9 of a licensee which fails to begin conducting gambling within
10 15 months of receipt of the Board's approval of the application
11 if the Board determines that license revocation is in the best
12 interests of the State.
13     (f) The first 10 owners licenses issued under this Act
14 shall permit the holder to own up to 2 riverboats and equipment
15 thereon for a period of 3 years after the effective date of the
16 license. Holders of the first 10 owners licenses must pay the
17 annual license fee for each of the 3 years during which they
18 are authorized to own riverboats.
19     (g) Upon the termination, expiration, or revocation of each
20 of the first 10 licenses, which shall be issued for a 3 year
21 period, all licenses are renewable annually upon payment of the
22 fee and a determination by the Board that the licensee
23 continues to meet all of the requirements of this Act and the
24 Board's rules. However, for licenses renewed on or after May 1,
25 1998, renewal shall be for a period of 4 years, unless the
26 Board sets a shorter period.

 

 

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1     (h) An owners license shall entitle the licensee to own up
2 to 2 riverboats. A licensee shall limit the number of gambling
3 participants to 1,200 for any such owners license. A licensee
4 may operate both of its riverboats concurrently, provided that
5 the total number of gambling participants on both riverboats
6 does not exceed 1,200. Riverboats licensed to operate on the
7 Mississippi River and the Illinois River south of Marshall
8 County shall have an authorized capacity of at least 500
9 persons. Any other riverboat licensed under this Act shall have
10 an authorized capacity of at least 400 persons.
11     (i) A licensed owner is authorized to apply to the Board
12 for and, if approved therefor, to receive all licenses from the
13 Board necessary for the operation of a riverboat, including a
14 liquor license, a license to prepare and serve food for human
15 consumption, and other necessary licenses. All use, occupation
16 and excise taxes which apply to the sale of food and beverages
17 in this State and all taxes imposed on the sale or use of
18 tangible personal property apply to such sales aboard the
19 riverboat.
20     (j) The Board may issue or re-issue a license authorizing a
21 riverboat to dock in a municipality or approve a relocation
22 under Section 11.2 only if, prior to the issuance or
23 re-issuance of the license or approval, the governing body of
24 the municipality in which the riverboat will dock has by a
25 majority vote approved the docking of riverboats in the
26 municipality. The Board may issue or re-issue a license

 

 

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1 authorizing a riverboat to dock in areas of a county outside
2 any municipality or approve a relocation under Section 11.2
3 only if, prior to the issuance or re-issuance of the license or
4 approval, the governing body of the county has by a majority
5 vote approved of the docking of riverboats within such areas.
6 (Source: P.A. 94-667, eff. 8-23-05; 94-804, eff. 5-26-06;
7 95-1008, eff. 12-15-08.)
 
8     (230 ILCS 10/9)  (from Ch. 120, par. 2409)
9     Sec. 9. Occupational licenses.
10     (a) The Board may issue an occupational license to an
11 applicant upon the payment of a non-refundable fee set by the
12 Board, upon a determination by the Board that the applicant is
13 eligible for an occupational license and upon payment of an
14 annual license fee in an amount to be established. To be
15 eligible for an occupational license, an applicant must:
16         (1) be at least 21 years of age if the applicant will
17     perform any function involved in gaming by patrons. Any
18     applicant seeking an occupational license for a non-gaming
19     function shall be at least 18 years of age;
20         (2) not have been convicted of a felony offense, a
21     violation of Article 28 of the Criminal Code of 1961, or a
22     similar statute of any other jurisdiction, or a crime
23     involving dishonesty or moral turpitude;
24         (2.5) not have been convicted of a crime, other than a
25     crime described in item (2) of this subsection (a),

 

 

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1     involving dishonesty or moral turpitude, except that the
2     Board may, in its discretion, issue an occupational license
3     to a person who has been convicted of a crime described in
4     this item (2.5) more than 10 years prior to his or her
5     application and has not subsequently been convicted of any
6     other crime;
7         (3) have demonstrated a level of skill or knowledge
8     which the Board determines to be necessary in order to
9     operate gambling aboard a riverboat; and
10         (4) have met standards for the holding of an
11     occupational license as adopted by rules of the Board. Such
12     rules shall provide that any person or entity seeking an
13     occupational license to manage gambling operations
14     hereunder shall be subject to background inquiries and
15     further requirements similar to those required of
16     applicants for an owners license. Furthermore, such rules
17     shall provide that each such entity shall be permitted to
18     manage gambling operations for only one licensed owner.
19     (b) Each application for an occupational license shall be
20 on forms prescribed by the Board and shall contain all
21 information required by the Board. The applicant shall set
22 forth in the application: whether he has been issued prior
23 gambling related licenses; whether he has been licensed in any
24 other state under any other name, and, if so, such name and his
25 age; and whether or not a permit or license issued to him in
26 any other state has been suspended, restricted or revoked, and,

 

 

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1 if so, for what period of time.
2     (c) Each applicant shall submit with his application, on
3 forms provided by the Board, 2 sets of his fingerprints. The
4 Board shall charge each applicant a fee set by the Department
5 of State Police to defray the costs associated with the search
6 and classification of fingerprints obtained by the Board with
7 respect to the applicant's application. These fees shall be
8 paid into the State Police Services Fund.
9     (d) The Board may in its discretion refuse an occupational
10 license to any person: (1) who is unqualified to perform the
11 duties required of such applicant; (2) who fails to disclose or
12 states falsely any information called for in the application;
13 (3) who has been found guilty of a violation of this Act or
14 whose prior gambling related license or application therefor
15 has been suspended, restricted, revoked or denied for just
16 cause in any other state; or (4) for any other just cause.
17     (e) The Board may suspend, revoke or restrict any
18 occupational licensee: (1) for violation of any provision of
19 this Act; (2) for violation of any of the rules and regulations
20 of the Board; (3) for any cause which, if known to the Board,
21 would have disqualified the applicant from receiving such
22 license; or (4) for default in the payment of any obligation or
23 debt due to the State of Illinois; or (5) for any other just
24 cause.
25     (f) A person who knowingly makes a false statement on an
26 application is guilty of a Class A misdemeanor.

 

 

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1     (g) Any license issued pursuant to this Section shall be
2 valid for a period of one year from the date of issuance.
3     (h) Nothing in this Act shall be interpreted to prohibit a
4 licensed owner from entering into an agreement with a public
5 community college or a school approved under the Private
6 Business and Vocational Schools Act for the training of any
7 occupational licensee. Any training offered by such a school
8 shall be in accordance with a written agreement between the
9 licensed owner and the school.
10     (i) Any training provided for occupational licensees may be
11 conducted either on the riverboat or at a school with which a
12 licensed owner has entered into an agreement pursuant to
13 subsection (h).
14 (Source: P.A. 86-1029; 87-826.)
 
15     (230 ILCS 10/11)  (from Ch. 120, par. 2411)
16     Sec. 11. Conduct of gambling. Gambling may be conducted by
17 licensed owners or licensed managers on behalf of the State
18 aboard riverboats, subject to the following standards:
19         (1) A licensee may conduct riverboat gambling
20     authorized under this Act regardless of whether it conducts
21     excursion cruises. A licensee may permit the continuous
22     ingress and egress of passengers on a riverboat not used
23     for excursion cruises for the purpose of gambling.
24     Excursion cruises shall not exceed 4 hours for a round
25     trip. However, the Board may grant express approval for an

 

 

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1     extended cruise on a case-by-case basis.
2         (2) (Blank).
3         (3) Minimum and maximum wagers on games shall be set by
4     the licensee.
5         (4) Agents of the Board and the Department of State
6     Police may board and inspect any riverboat at any time for
7     the purpose of determining whether this Act is being
8     complied with. Every riverboat, if under way and being
9     hailed by a law enforcement officer or agent of the Board,
10     must stop immediately and lay to.
11         (5) Employees of the Board shall have the right to be
12     present on the riverboat or on adjacent facilities under
13     the control of the licensee.
14         (6) Gambling equipment and supplies customarily used
15     in conducting riverboat gambling must be purchased or
16     leased only from suppliers licensed for such purpose under
17     this Act. The Board may approve the transfer, sale, or
18     lease of gambling equipment and supplies by a licensed
19     owner from or to an affiliate of the licensed owner as long
20     as the gambling equipment and supplies were initially
21     acquired from a supplier licensed in Illinois.
22         (7) Persons licensed under this Act shall permit no
23     form of wagering on gambling games except as permitted by
24     this Act.
25         (8) Wagers may be received only from a person present
26     on a licensed riverboat. No person present on a licensed

 

 

09600SB1937ham001 - 38 - LRB096 09645 AMC 40627 a

1     riverboat shall place or attempt to place a wager on behalf
2     of another person who is not present on the riverboat.
3         (9) Wagering shall not be conducted with money or other
4     negotiable currency.
5         (10) A person under age 21 shall not be permitted on an
6     area of a riverboat where gambling is being conducted,
7     except for a person at least 18 years of age who is an
8     employee of the riverboat gambling operation. No employee
9     under age 21 shall perform any function involved in
10     gambling by the patrons. No person under age 21 shall be
11     permitted to make a wager under this Act, and any winnings
12     that are a result of a wager by a person under age 21,
13     whether or not paid by a licensee, shall be treated as
14     winnings for the privilege tax purposes, confiscated, and
15     forfeited to the State and deposited into the Education
16     Assistance Fund.
17         (11) Gambling excursion cruises are permitted only
18     when the waterway for which the riverboat is licensed is
19     navigable, as determined by the Board in consultation with
20     the U.S. Army Corps of Engineers. This paragraph (11) does
21     not limit the ability of a licensee to conduct gambling
22     authorized under this Act when gambling excursion cruises
23     are not permitted.
24         (12) All tokens, chips or electronic cards used to make
25     wagers must be purchased from a licensed owner or manager
26     either aboard a riverboat or at an onshore facility which

 

 

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1     has been approved by the Board and which is located where
2     the riverboat docks. The tokens, chips or electronic cards
3     may be purchased by means of an agreement under which the
4     owner or manager extends credit to the patron. Such tokens,
5     chips or electronic cards may be used while aboard the
6     riverboat only for the purpose of making wagers on gambling
7     games.
8         (13) Notwithstanding any other Section of this Act, in
9     addition to the other licenses authorized under this Act,
10     the Board may issue special event licenses allowing persons
11     who are not otherwise licensed to conduct riverboat
12     gambling to conduct such gambling on a specified date or
13     series of dates. Riverboat gambling under such a license
14     may take place on a riverboat not normally used for
15     riverboat gambling. The Board shall establish standards,
16     fees and fines for, and limitations upon, such licenses,
17     which may differ from the standards, fees, fines and
18     limitations otherwise applicable under this Act. All such
19     fees shall be deposited into the State Gaming Fund. All
20     such fines shall be deposited into the Education Assistance
21     Fund, created by Public Act 86-0018, of the State of
22     Illinois.
23         (14) In addition to the above, gambling must be
24     conducted in accordance with all rules adopted by the
25     Board.
26 (Source: P.A. 93-28, eff. 6-20-03.)
 

 

 

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1     (230 ILCS 10/12)  (from Ch. 120, par. 2412)
2     Sec. 12. Admission tax; fees.
3     (a) A tax is hereby imposed upon admissions to riverboats
4 operated by licensed owners authorized pursuant to this Act.
5 Until July 1, 2002, the rate is $2 per person admitted. From
6 July 1, 2002 until July 1, 2003, the rate is $3 per person
7 admitted. From July 1, 2003 until August 23, 2005 (the
8 effective date of Public Act 94-673) this amendatory Act of the
9 94th General Assembly, for a licensee that admitted 1,000,000
10 persons or fewer in the previous calendar year, the rate is $3
11 per person admitted; for a licensee that admitted more than
12 1,000,000 but no more than 2,300,000 persons in the previous
13 calendar year, the rate is $4 per person admitted; and for a
14 licensee that admitted more than 2,300,000 persons in the
15 previous calendar year, the rate is $5 per person admitted.
16 Beginning on August 23, 2005( the effective date of Public Act
17 94-673) this amendatory Act of the 94th General Assembly, for a
18 licensee that admitted 1,000,000 persons or fewer in calendar
19 year 2004, the rate is $2 per person admitted, and for all
20 other licensees, including licensees that were not conducting
21 gambling operations in 2004, the rate is $3 per person
22 admitted. This admission tax is imposed upon the licensed owner
23 conducting gambling.
24         (1) The admission tax shall be paid for each admission,
25     except that a person who exits a riverboat gambling

 

 

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1     facility and reenters that riverboat gambling facility
2     within the same gaming day shall be subject only to the
3     initial admission tax.
4         (2) (Blank).
5         (3) The riverboat licensee may issue tax-free passes to
6     actual and necessary officials and employees of the
7     licensee or other persons actually working on the
8     riverboat.
9         (4) The number and issuance of tax-free passes is
10     subject to the rules of the Board, and a list of all
11     persons to whom the tax-free passes are issued shall be
12     filed with the Board.
13     (a-5) A fee is hereby imposed upon admissions operated by
14 licensed managers on behalf of the State pursuant to Section
15 7.3 at the rates provided in this subsection (a-5). For a
16 licensee that admitted 1,000,000 persons or fewer in the
17 previous calendar year, the rate is $3 per person admitted; for
18 a licensee that admitted more than 1,000,000 but no more than
19 2,300,000 persons in the previous calendar year, the rate is $4
20 per person admitted; and for a licensee that admitted more than
21 2,300,000 persons in the previous calendar year, the rate is $5
22 per person admitted.
23         (1) The admission fee shall be paid for each admission.
24         (2) (Blank).
25         (3) The licensed manager may issue fee-free passes to
26     actual and necessary officials and employees of the manager

 

 

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1     or other persons actually working on the riverboat.
2         (4) The number and issuance of fee-free passes is
3     subject to the rules of the Board, and a list of all
4     persons to whom the fee-free passes are issued shall be
5     filed with the Board.
6     (b) From the tax imposed under subsection (a) and the fee
7 imposed under subsection (a-5), a municipality shall receive
8 from the State $1 for each person embarking on a riverboat
9 docked within the municipality, and a county shall receive $1
10 for each person embarking on a riverboat docked within the
11 county but outside the boundaries of any municipality. The
12 municipality's or county's share shall be collected by the
13 Board on behalf of the State and remitted quarterly by the
14 State, subject to appropriation, to the treasurer of the unit
15 of local government for deposit in the general fund.
16     (c) The licensed owner shall pay the entire admission tax
17 to the Board and the licensed manager shall pay the entire
18 admission fee 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 either
22 the payment or the return within the specified time may result
23 in suspension or revocation of the owners or managers 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, 5b,

 

 

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1 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9 and 10 of the
2 Retailers' Occupation Tax Act and Section 3-7 of the Uniform
3 Penalty and Interest Act.
4 (Source: P.A. 94-673, eff. 8-23-05; 95-663, eff. 10-11-07.)
 
5     (230 ILCS 10/13)  (from Ch. 120, par. 2413)
6     Sec. 13. Wagering tax; rate; distribution.
7     (a) Until January 1, 1998, a tax is imposed on the adjusted
8 gross receipts received from gambling games authorized under
9 this Act at the rate of 20%.
10     (a-1) From January 1, 1998 until July 1, 2002, a privilege
11 tax is imposed on persons engaged in the business of conducting
12 riverboat gambling operations, based on the adjusted gross
13 receipts received by a licensed owner from gambling games
14 authorized under this Act at the following rates:
15         15% of annual adjusted gross receipts up to and
16     including $25,000,000;
17         20% of annual adjusted gross receipts in excess of
18     $25,000,000 but not exceeding $50,000,000;
19         25% of annual adjusted gross receipts in excess of
20     $50,000,000 but not exceeding $75,000,000;
21         30% of annual adjusted gross receipts in excess of
22     $75,000,000 but not exceeding $100,000,000;
23         35% of annual adjusted gross receipts in excess of
24     $100,000,000.
25     (a-2) From July 1, 2002 until July 1, 2003, a privilege tax

 

 

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1 is imposed on persons engaged in the business of conducting
2 riverboat gambling operations, other than licensed managers
3 conducting riverboat gambling operations on behalf of the
4 State, based on the adjusted gross receipts received by a
5 licensed owner from gambling games authorized under this Act at
6 the following rates:
7         15% of annual adjusted gross receipts up to and
8     including $25,000,000;
9         22.5% of annual adjusted gross receipts in excess of
10     $25,000,000 but not exceeding $50,000,000;
11         27.5% of annual adjusted gross receipts in excess of
12     $50,000,000 but not exceeding $75,000,000;
13         32.5% of annual adjusted gross receipts in excess of
14     $75,000,000 but not exceeding $100,000,000;
15         37.5% of annual adjusted gross receipts in excess of
16     $100,000,000 but not exceeding $150,000,000;
17         45% of annual adjusted gross receipts in excess of
18     $150,000,000 but not exceeding $200,000,000;
19         50% of annual adjusted gross receipts in excess of
20     $200,000,000.
21     (a-3) Beginning July 1, 2003, a privilege tax is imposed on
22 persons engaged in the business of conducting riverboat
23 gambling operations, other than licensed managers conducting
24 riverboat gambling operations on behalf of the State, based on
25 the adjusted gross receipts received by a licensed owner from
26 gambling games authorized under this Act at the following

 

 

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1 rates:
2         15% of annual adjusted gross receipts up to and
3     including $25,000,000;
4         27.5% of annual adjusted gross receipts in excess of
5     $25,000,000 but not exceeding $37,500,000;
6         32.5% of annual adjusted gross receipts in excess of
7     $37,500,000 but not exceeding $50,000,000;
8         37.5% of annual adjusted gross receipts in excess of
9     $50,000,000 but not exceeding $75,000,000;
10         45% of annual adjusted gross receipts in excess of
11     $75,000,000 but not exceeding $100,000,000;
12         50% of annual adjusted gross receipts in excess of
13     $100,000,000 but not exceeding $250,000,000;
14         70% of annual adjusted gross receipts in excess of
15     $250,000,000.
16     An amount equal to the amount of wagering taxes collected
17 under this subsection (a-3) that are in addition to the amount
18 of wagering taxes that would have been collected if the
19 wagering tax rates under subsection (a-2) were in effect shall
20 be paid into the Common School Fund.
21     The privilege tax imposed under this subsection (a-3) shall
22 no longer be imposed beginning on the earlier of (i) July 1,
23 2005; (ii) the first date after June 20, 2003 that riverboat
24 gambling operations are conducted pursuant to a dormant
25 license; or (iii) the first day that riverboat gambling
26 operations are conducted under the authority of an owners

 

 

09600SB1937ham001 - 46 - LRB096 09645 AMC 40627 a

1 license that is in addition to the 10 owners licenses initially
2 authorized under this Act. For the purposes of this subsection
3 (a-3), the term "dormant license" means an owners license that
4 is authorized by this Act under which no riverboat gambling
5 operations are being conducted on June 20, 2003.
6     (a-4) Beginning on the first day on which the tax imposed
7 under subsection (a-3) is no longer imposed, a privilege tax is
8 imposed on persons engaged in the business of conducting
9 riverboat gambling operations, other than licensed managers
10 conducting riverboat gambling operations on behalf of the
11 State, based on the adjusted gross receipts received by a
12 licensed owner from gambling games authorized under this Act at
13 the following rates:
14         15% of annual adjusted gross receipts up to and
15     including $25,000,000;
16         22.5% of annual adjusted gross receipts in excess of
17     $25,000,000 but not exceeding $50,000,000;
18         27.5% of annual adjusted gross receipts in excess of
19     $50,000,000 but not exceeding $75,000,000;
20         32.5% of annual adjusted gross receipts in excess of
21     $75,000,000 but not exceeding $100,000,000;
22         37.5% of annual adjusted gross receipts in excess of
23     $100,000,000 but not exceeding $150,000,000;
24         45% of annual adjusted gross receipts in excess of
25     $150,000,000 but not exceeding $200,000,000;
26         50% of annual adjusted gross receipts in excess of

 

 

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1     $200,000,000.
2     (a-8) Riverboat gambling operations conducted by a
3 licensed manager on behalf of the State are not subject to the
4 tax imposed under this Section.
5     (a-10) The taxes imposed by this Section shall be paid by
6 the licensed owner to the Board not later than 5:00 3:00
7 o'clock p.m. of the day after the day when the wagers were
8 made.
9     (a-15) If the privilege tax imposed under subsection (a-3)
10 is no longer imposed pursuant to item (i) of the last paragraph
11 of subsection (a-3), then by June 15 of each year, each owners
12 licensee, other than an owners licensee that admitted 1,000,000
13 persons or fewer in calendar year 2004, must, in addition to
14 the payment of all amounts otherwise due under this Section,
15 pay to the Board a reconciliation payment in the amount, if
16 any, by which the licensed owner's base amount exceeds the
17 amount of net privilege tax paid by the licensed owner to the
18 Board in the then current State fiscal year. A licensed owner's
19 net privilege tax obligation due for the balance of the State
20 fiscal year shall be reduced up to the total of the amount paid
21 by the licensed owner in its June 15 reconciliation payment.
22 The obligation imposed by this subsection (a-15) is binding on
23 any person, firm, corporation, or other entity that acquires an
24 ownership interest in any such owners license. The obligation
25 imposed under this subsection (a-15) terminates on the earliest
26 of: (i) July 1, 2007, (ii) the first day after the effective

 

 

09600SB1937ham001 - 48 - LRB096 09645 AMC 40627 a

1 date of this amendatory Act of the 94th General Assembly that
2 riverboat gambling operations are conducted pursuant to a
3 dormant license, (iii) the first day that riverboat gambling
4 operations are conducted under the authority of an owners
5 license that is in addition to the 10 owners licenses initially
6 authorized under this Act, or (iv) the first day that a
7 licensee under the Illinois Horse Racing Act of 1975 conducts
8 gaming operations with slot machines or other electronic gaming
9 devices. The Board must reduce the obligation imposed under
10 this subsection (a-15) by an amount the Board deems reasonable
11 for any of the following reasons: (A) an act or acts of God,
12 (B) an act of bioterrorism or terrorism or a bioterrorism or
13 terrorism threat that was investigated by a law enforcement
14 agency, or (C) a condition beyond the control of the owners
15 licensee that does not result from any act or omission by the
16 owners licensee or any of its agents and that poses a hazardous
17 threat to the health and safety of patrons. If an owners
18 licensee pays an amount in excess of its liability under this
19 Section, the Board shall apply the overpayment to future
20 payments required under this Section.
21     For purposes of this subsection (a-15):
22     "Act of God" means an incident caused by the operation of
23 an extraordinary force that cannot be foreseen, that cannot be
24 avoided by the exercise of due care, and for which no person
25 can be held liable.
26     "Base amount" means the following:

 

 

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1         For a riverboat in Alton, $31,000,000.
2         For a riverboat in East Peoria, $43,000,000.
3         For the Empress riverboat in Joliet, $86,000,000.
4         For a riverboat in Metropolis, $45,000,000.
5         For the Harrah's riverboat in Joliet, $114,000,000.
6         For a riverboat in Aurora, $86,000,000.
7         For a riverboat in East St. Louis, $48,500,000.
8         For a riverboat in Elgin, $198,000,000.
9     "Dormant license" has the meaning ascribed to it in
10 subsection (a-3).
11     "Net privilege tax" means all privilege taxes paid by a
12 licensed owner to the Board under this Section, less all
13 payments made from the State Gaming Fund pursuant to subsection
14 (b) of this Section.
15     The changes made to this subsection (a-15) by Public Act
16 94-839 are intended to restate and clarify the intent of Public
17 Act 94-673 with respect to the amount of the payments required
18 to be made under this subsection by an owners licensee to the
19 Board.
20     (b) Until January 1, 1998, 25% of the tax revenue deposited
21 in the State Gaming Fund under this Section shall be paid,
22 subject to appropriation by the General Assembly, to the unit
23 of local government which is designated as the home dock of the
24 riverboat. Beginning January 1, 1998, from the tax revenue
25 deposited in the State Gaming Fund under this Section, an
26 amount equal to 5% of adjusted gross receipts generated by a

 

 

09600SB1937ham001 - 50 - LRB096 09645 AMC 40627 a

1 riverboat shall be paid monthly, subject to appropriation by
2 the General Assembly, to the unit of local government that is
3 designated as the home dock of the riverboat. From the tax
4 revenue deposited in the State Gaming Fund pursuant to
5 riverboat gambling operations conducted by a licensed manager
6 on behalf of the State, an amount equal to 5% of adjusted gross
7 receipts generated pursuant to those riverboat gambling
8 operations shall be paid monthly, subject to appropriation by
9 the General Assembly, to the unit of local government that is
10 designated as the home dock of the riverboat upon which those
11 riverboat gambling operations are conducted.
12     (c) Appropriations, as approved by the General Assembly,
13 may be made from the State Gaming Fund to the Board (i)
14 Department of Revenue and the Department of State Police for
15 the administration and enforcement of this Act and the Video
16 Gaming Act, (ii) for distribution to the Department of State
17 Police and to the Department of Revenue for the enforcement of
18 this Act, and (iii) or to the Department of Human Services for
19 the administration of programs to treat problem gambling.
20     (c-5) Before May 26, 2006 (the effective date of Public Act
21 94-804) and beginning on the effective date of this amendatory
22 Act of the 95th General Assembly, unless any organization
23 licensee under the Illinois Horse Racing Act of 1975 begins to
24 operate a slot machine or video game of chance under the
25 Illinois Horse Racing Act of 1975 or this Act, after the
26 payments required under subsections (b) and (c) have been made,

 

 

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1 an amount equal to 15% of the adjusted gross receipts of (1) an
2 owners licensee that relocates pursuant to Section 11.2, (2) an
3 owners licensee conducting riverboat gambling operations
4 pursuant to an owners license that is initially issued after
5 June 25, 1999, or (3) the first riverboat gambling operations
6 conducted by a licensed manager on behalf of the State under
7 Section 7.3, whichever comes first, shall be paid from the
8 State Gaming Fund into the Horse Racing Equity Fund.
9     (c-10) Each year the General Assembly shall appropriate
10 from the General Revenue Fund to the Education Assistance Fund
11 an amount equal to the amount paid into the Horse Racing Equity
12 Fund pursuant to subsection (c-5) in the prior calendar year.
13     (c-15) After the payments required under subsections (b),
14 (c), and (c-5) have been made, an amount equal to 2% of the
15 adjusted gross receipts of (1) an owners licensee that
16 relocates pursuant to Section 11.2, (2) an owners licensee
17 conducting riverboat gambling operations pursuant to an owners
18 license that is initially issued after June 25, 1999, or (3)
19 the first riverboat gambling operations conducted by a licensed
20 manager on behalf of the State under Section 7.3, whichever
21 comes first, shall be paid, subject to appropriation from the
22 General Assembly, from the State Gaming Fund to each home rule
23 county with a population of over 3,000,000 inhabitants for the
24 purpose of enhancing the county's criminal justice system.
25     (c-20) Each year the General Assembly shall appropriate
26 from the General Revenue Fund to the Education Assistance Fund

 

 

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1 an amount equal to the amount paid to each home rule county
2 with a population of over 3,000,000 inhabitants pursuant to
3 subsection (c-15) in the prior calendar year.
4     (c-25) After the payments required under subsections (b),
5 (c), (c-5) and (c-15) have been made, an amount equal to 2% of
6 the adjusted gross receipts of (1) an owners licensee that
7 relocates pursuant to Section 11.2, (2) an owners licensee
8 conducting riverboat gambling operations pursuant to an owners
9 license that is initially issued after June 25, 1999, or (3)
10 the first riverboat gambling operations conducted by a licensed
11 manager on behalf of the State under Section 7.3, whichever
12 comes first, shall be paid from the State Gaming Fund to
13 Chicago State University.
14     (d) From time to time, the Board shall transfer the
15 remainder of the funds generated by this Act into the Education
16 Assistance Fund, created by Public Act 86-0018, of the State of
17 Illinois.
18     (e) Nothing in this Act shall prohibit the unit of local
19 government designated as the home dock of the riverboat from
20 entering into agreements with other units of local government
21 in this State or in other states to share its portion of the
22 tax revenue.
23     (f) To the extent practicable, the Board shall administer
24 and collect the wagering taxes imposed by this Section in a
25 manner consistent with the provisions of Sections 4, 5, 5a, 5b,
26 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9, and 10 of the

 

 

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1 Retailers' Occupation Tax Act and Section 3-7 of the Uniform
2 Penalty and Interest Act.
3 (Source: P.A. 95-331, eff. 8-21-07; 95-1008, eff. 12-15-08;
4 96-37, eff. 7-13-09.)
 
5     (230 ILCS 10/15)  (from Ch. 120, par. 2415)
6     Sec. 15. Audit of Licensee Operations. Annually Within 90
7 days after the end of each quarter of each fiscal year, the
8 licensed owner or manager shall transmit to the Board an audit
9 of the financial transactions and condition of the licensee's
10 total operations. Additionally, within 90 days after the end of
11 each quarter of each fiscal year, the licensed owner or manager
12 shall transmit to the Board a compliance report on engagement
13 procedures determined by the Board. All audits and compliance
14 engagements shall be conducted by certified public accountants
15 selected by the Board. Each certified public accountant must be
16 registered in the State of Illinois under the Illinois Public
17 Accounting Act. The compensation for each certified public
18 accountant shall be paid directly by the licensed owner or
19 manager to the certified public accountant.
20 (Source: P.A. 93-28, eff. 6-20-03.)
 
21     (230 ILCS 10/18)  (from Ch. 120, par. 2418)
22     Sec. 18. Prohibited Activities - Penalty.
23     (a) A person is guilty of a Class A misdemeanor for doing
24 any of the following:

 

 

09600SB1937ham001 - 54 - LRB096 09645 AMC 40627 a

1         (1) Conducting gambling where wagering is used or to be
2     used without a license issued by the Board.
3         (2) Conducting gambling where wagering is permitted
4     other than in the manner specified by Section 11.
5     (b) A person is guilty of a Class B misdemeanor for doing
6 any of the following:
7         (1) permitting a person under 21 years to make a wager;
8     or
9         (2) violating paragraph (12) of subsection (a) of
10     Section 11 of this Act.
11     (c) A person wagering or accepting a wager at any location
12 outside the riverboat is subject to the penalties in paragraphs
13 (1) or (2) of subsection (a) of Section 28-1 of the Criminal
14 Code of 1961.
15     (d) A person commits a Class 4 felony and, in addition,
16 shall be barred for life from riverboats under the jurisdiction
17 of the Board, if the person does any of the following:
18         (1) Offers, promises, or gives anything of value or
19     benefit to a person who is connected with a riverboat owner
20     including, but not limited to, an officer or employee of a
21     licensed owner or holder of an occupational license
22     pursuant to an agreement or arrangement or with the intent
23     that the promise or thing of value or benefit will
24     influence the actions of the person to whom the offer,
25     promise, or gift was made in order to affect or attempt to
26     affect the outcome of a gambling game, or to influence

 

 

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1     official action of a member of the Board.
2         (2) Solicits or knowingly accepts or receives a promise
3     of anything of value or benefit while the person is
4     connected with a riverboat including, but not limited to,
5     an officer or employee of a licensed owner, or holder of an
6     occupational license, pursuant to an understanding or
7     arrangement or with the intent that the promise or thing of
8     value or benefit will influence the actions of the person
9     to affect or attempt to affect the outcome of a gambling
10     game, or to influence official action of a member of the
11     Board.
12         (3) Uses or possesses with the intent to use a device
13     to assist:
14             (i) In projecting the outcome of the game.
15             (ii) In keeping track of the cards played.
16             (iii) In analyzing the probability of the
17         occurrence of an event relating to the gambling game.
18             (iv) In analyzing the strategy for playing or
19         betting to be used in the game except as permitted by
20         the Board.
21         (4) Cheats at a gambling game.
22         (5) Manufactures, sells, or distributes any cards,
23     chips, dice, game or device which is intended to be used to
24     violate any provision of this Act.
25         (6) Alters or misrepresents the outcome of a gambling
26     game on which wagers have been made after the outcome is

 

 

09600SB1937ham001 - 56 - LRB096 09645 AMC 40627 a

1     made sure but before it is revealed to the players.
2         (7) Places a bet after acquiring knowledge, not
3     available to all players, of the outcome of the gambling
4     game which is subject of the bet or to aid a person in
5     acquiring the knowledge for the purpose of placing a bet
6     contingent on that outcome.
7         (8) Claims, collects, or takes, or attempts to claim,
8     collect, or take, money or anything of value in or from the
9     gambling games, with intent to defraud, without having made
10     a wager contingent on winning a gambling game, or claims,
11     collects, or takes an amount of money or thing of value of
12     greater value than the amount won.
13         (9) Uses counterfeit chips or tokens in a gambling
14     game.
15         (10) Possesses any key or device designed for the
16     purpose of opening, entering, or affecting the operation of
17     a gambling game, drop box, or an electronic or mechanical
18     device connected with the gambling game or for removing
19     coins, tokens, chips or other contents of a gambling game.
20     This paragraph (10) does not apply to a gambling licensee
21     or employee of a gambling licensee acting in furtherance of
22     the employee's employment.
23     (e) The possession of more than one of the devices
24 described in subsection (d), paragraphs (3), (5), or (10)
25 permits a rebuttable presumption that the possessor intended to
26 use the devices for cheating.

 

 

09600SB1937ham001 - 57 - LRB096 09645 AMC 40627 a

1     (f) A person under the age of 21 who, except as authorized
2 under paragraph (10) of Section 11, enters upon a riverboat
3 commits a petty offense and is subject to a fine of not less
4 than $100 or more than $250 for a first offense and of not less
5 than $200 or more than $500 for a second or subsequent offense.
6     An action to prosecute any crime occurring on a riverboat
7 shall be tried in the county of the dock at which the riverboat
8 is based.
9 (Source: P.A. 91-40, eff. 6-25-99.)".