Full Text of SB1752 101st General Assembly
SB1752 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB1752 Introduced 2/15/2019, by Sen. Dave Syverson SYNOPSIS AS INTRODUCED: |
| 5 ILCS 430/5-45 | |
230 ILCS 10/5 | from Ch. 120, par. 2405 |
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Amends the State Officials and Employees Ethics Act. Prohibits employees of the Illinois Gaming Board and certain family members from being employed by or receiving any type of compensation from a person or entity licensed by the Board, including a person or entity that contracts with such a licensee, within one year after leaving employment with the Board. Amends the Riverboat Gambling Act. Prohibits a Board member and individuals with certain relationships with a Board member from being an employee of or having a contractual relationship with a gambling operation subject to the jurisdiction of the Board, including video gaming. Provides that if a member violates the prohibition, it is grounds for removal from the Board by the Governor. Prohibits a Board employee and individuals with certain relationships with a Board employee from being an employee of or having a contractual relationship with a gambling operation subject to the jurisdiction of the Board, including video gaming.
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| | A BILL FOR |
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| 1 | | AN ACT concerning gaming.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The State Officials and Employees Ethics Act is | 5 | | amended by changing Section 5-45 as follows: | 6 | | (5 ILCS 430/5-45)
| 7 | | Sec. 5-45. Procurement; revolving door prohibition.
| 8 | | (a) No former officer, member, or State employee, or spouse | 9 | | or
immediate family member living with such person, shall, | 10 | | within a period of one
year immediately after termination of | 11 | | State employment, knowingly accept
employment or receive | 12 | | compensation or fees for services from a person or entity
if | 13 | | the officer, member, or State employee, during the year | 14 | | immediately
preceding termination of State employment, | 15 | | participated personally and
substantially in the award of State | 16 | | contracts, or the issuance of State contract change orders, | 17 | | with a cumulative value
of $25,000
or more to the person or | 18 | | entity, or its parent or subsidiary.
| 19 | | (b) No former officer of the executive branch or State | 20 | | employee of the
executive branch with regulatory or
licensing | 21 | | authority, or spouse or immediate family member living with | 22 | | such
person, shall, within a period of one year immediately | 23 | | after termination of
State employment, knowingly accept |
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| 1 | | employment or receive compensation or fees
for services from a | 2 | | person or entity if the officer
or State
employee, during the | 3 | | year immediately preceding
termination of State employment, | 4 | | participated personally and substantially in making a | 5 | | regulatory or licensing decision that
directly applied to the | 6 | | person or entity, or its parent or subsidiary.
| 7 | | (c) Within 6 months after the effective date of this | 8 | | amendatory Act of the 96th General Assembly, each executive | 9 | | branch constitutional officer and legislative leader, the | 10 | | Auditor General, and the Joint Committee on Legislative Support | 11 | | Services shall adopt a policy delineating which State positions | 12 | | under his or her jurisdiction and control, by the nature of | 13 | | their duties, may have the authority to participate personally | 14 | | and substantially in the award of State contracts or in | 15 | | regulatory or licensing decisions. The Governor shall adopt | 16 | | such a policy for all State employees of the executive branch | 17 | | not under the jurisdiction and control of any other executive | 18 | | branch constitutional officer.
| 19 | | The policies required under subsection (c) of this Section | 20 | | shall be filed with the appropriate ethics commission | 21 | | established under this Act or, for the Auditor General, with | 22 | | the Office of the Auditor General. | 23 | | (d) Each Inspector General shall have the authority to | 24 | | determine that additional State positions under his or her | 25 | | jurisdiction, not otherwise subject to the policies required by | 26 | | subsection (c) of this Section, are nonetheless subject to the |
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| 1 | | notification requirement of subsection (f) below due to their | 2 | | involvement in the award of State contracts or in regulatory or | 3 | | licensing decisions. | 4 | | (e) The Joint Committee on Legislative Support Services, | 5 | | the Auditor General, and each of the executive branch | 6 | | constitutional officers and legislative leaders subject to | 7 | | subsection (c) of this Section shall provide written | 8 | | notification to all employees in positions subject to the | 9 | | policies required by subsection (c) or a determination made | 10 | | under subsection (d): (1) upon hiring, promotion, or transfer | 11 | | into the relevant position; and (2) at the time the employee's | 12 | | duties are changed in such a way as to qualify that employee. | 13 | | An employee receiving notification must certify in writing that | 14 | | the person was advised of the prohibition and the requirement | 15 | | to notify the appropriate Inspector General in subsection (f). | 16 | | (f) Any State employee in a position subject to the | 17 | | policies required by subsection (c) or to a determination under | 18 | | subsection (d), but who does not fall within the prohibition of | 19 | | subsection (h) below, who is offered non-State employment | 20 | | during State employment or within a period of one year | 21 | | immediately after termination of State employment shall, prior | 22 | | to accepting such non-State employment, notify the appropriate | 23 | | Inspector General. Within 10 calendar days after receiving | 24 | | notification from an employee in a position subject to the | 25 | | policies required by subsection (c), such Inspector General | 26 | | shall make a determination as to whether the State employee is |
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| 1 | | restricted from accepting such employment by subsection (a) or | 2 | | (b). In making a determination, in addition to any other | 3 | | relevant information, an Inspector General shall assess the | 4 | | effect of the prospective employment or relationship upon | 5 | | decisions referred to in subsections (a) and (b), based on the | 6 | | totality of the participation by the former officer, member, or | 7 | | State employee in those decisions. A determination by an | 8 | | Inspector General must be in writing, signed and dated by the | 9 | | Inspector General, and delivered to the subject of the | 10 | | determination within 10 calendar days or the person is deemed | 11 | | eligible for the employment opportunity. For purposes of this | 12 | | subsection, "appropriate Inspector General" means (i) for | 13 | | members and employees of the legislative branch, the | 14 | | Legislative Inspector General; (ii) for the Auditor General and | 15 | | employees of the Office of the Auditor General, the Inspector | 16 | | General provided for in Section 30-5 of this Act; and (iii) for | 17 | | executive branch officers and employees, the Inspector General | 18 | | having jurisdiction over the officer or employee. Notice of any | 19 | | determination of an Inspector General and of any such appeal | 20 | | shall be given to the ultimate jurisdictional authority, the | 21 | | Attorney General, and the Executive Ethics Commission. | 22 | | (g) An Inspector General's determination regarding | 23 | | restrictions under subsection (a) or (b) may be appealed to the | 24 | | appropriate Ethics Commission by the person subject to the | 25 | | decision or the Attorney General no later than the 10th | 26 | | calendar day after the date of the determination. |
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| 1 | | On appeal, the Ethics Commission or Auditor General shall | 2 | | seek, accept, and consider written public comments regarding a | 3 | | determination. In deciding whether to uphold an Inspector | 4 | | General's determination, the appropriate Ethics Commission or | 5 | | Auditor General shall assess, in addition to any other relevant | 6 | | information, the effect of the prospective employment or | 7 | | relationship upon the decisions referred to in subsections (a) | 8 | | and (b), based on the totality of the participation by the | 9 | | former officer, member, or State employee in those decisions. | 10 | | The Ethics Commission shall decide whether to uphold an | 11 | | Inspector General's determination within 10 calendar days or | 12 | | the person is deemed eligible for the employment opportunity. | 13 | | (h) The following officers, members, or State employees | 14 | | shall not, within a period of one year immediately after | 15 | | termination of office or State employment, knowingly accept | 16 | | employment or receive compensation or fees for services from a | 17 | | person or entity if the person or entity or its parent or | 18 | | subsidiary, during the year immediately preceding termination | 19 | | of State employment, was a party to a State contract or | 20 | | contracts with a cumulative value of $25,000 or more involving | 21 | | the officer, member, or State employee's State agency, or was | 22 | | the subject of a regulatory or licensing decision involving the | 23 | | officer, member, or State employee's State agency, regardless | 24 | | of whether he or she participated personally and substantially | 25 | | in the award of the State contract or contracts or the making | 26 | | of the regulatory or licensing decision in question: |
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| 1 | | (1) members or officers; | 2 | | (2) members of a commission or board created by the | 3 | | Illinois Constitution; | 4 | | (3) persons whose appointment to office is subject to | 5 | | the advice and consent of the Senate; | 6 | | (4) the head of a department, commission, board, | 7 | | division, bureau, authority, or other administrative unit | 8 | | within the government of this State; | 9 | | (5) chief procurement officers, State purchasing | 10 | | officers, and their designees whose duties are directly | 11 | | related to State procurement; and | 12 | | (6) chiefs of staff, deputy chiefs of staff, associate | 13 | | chiefs of staff, assistant chiefs of staff, and deputy | 14 | | governors. | 15 | | (i) For the purposes of this Section, with respect to | 16 | | officers or employees of a regional transit board, as defined | 17 | | in this Act, the phrase "person or entity" does not include: | 18 | | (i) the United States government, (ii) the State, (iii) | 19 | | municipalities, as defined under Article VII, Section 1 of the | 20 | | Illinois Constitution, (iv) units of local government, as | 21 | | defined under Article VII, Section 1 of the Illinois | 22 | | Constitution, or (v) school districts. | 23 | | (j) No employee of the Illinois Gaming Board, or spouse or | 24 | | immediate family member living with such person, shall, within | 25 | | a period of one year immediately after termination of | 26 | | employment with the Illinois Gaming Board, knowingly accept |
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| 1 | | employment or receive compensation or fees for services from a | 2 | | person or entity licensed by the Illinois Gaming Board, | 3 | | including a person or entity that contracts with a person or | 4 | | entity licensed by the Illinois Gaming Board. | 5 | | (Source: P.A. 96-555, eff. 8-18-09; 97-653, eff. 1-13-12 .) | 6 | | Section 10. The Riverboat Gambling Act is amended by | 7 | | changing Section 5 as follows:
| 8 | | (230 ILCS 10/5) (from Ch. 120, par. 2405)
| 9 | | Sec. 5. Gaming Board.
| 10 | | (a) (1) There is hereby established the
Illinois Gaming | 11 | | Board, which shall have the powers and duties specified in
this | 12 | | Act, and all other powers necessary and proper to fully and
| 13 | | effectively execute this Act for the purpose of administering, | 14 | | regulating,
and enforcing the system of riverboat gambling | 15 | | established by this Act. Its
jurisdiction shall extend under | 16 | | this Act to every person, association,
corporation, | 17 | | partnership and trust involved in riverboat gambling
| 18 | | operations in the State of Illinois.
| 19 | | (2) The Board shall consist of 5 members to be appointed by | 20 | | the Governor
with the advice and consent of the Senate, one of | 21 | | whom shall be designated
by the Governor to be chairman. Each | 22 | | member shall have a reasonable
knowledge of the practice, | 23 | | procedure and principles of gambling operations.
Each member | 24 | | 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 or other person with whom the member of the | 2 | | Board has a romantic or sexual relationship is, a member
of the | 3 | | board of directors of, employee of, or a person financially | 4 | | interested in , including contractual relationships with , any
| 5 | | gambling operation subject to the jurisdiction of this Board , | 6 | | including video gaming , or any race
track, race meeting, racing | 7 | | association or the operations thereof subject
to the | 8 | | jurisdiction of the Illinois Racing Board. No Board member | 9 | | shall
hold any other public office. No person shall be a
member | 10 | | of the Board who is not of good moral character or who has been
| 11 | | convicted of, or is under indictment for, a felony under the | 12 | | laws of
Illinois or any other state, or the United States.
| 13 | | (5.5) No member of the Board shall engage in any political | 14 | | activity. For the purposes of this Section, "political" means | 15 | | any activity in support
of or in connection with any campaign | 16 | | for federal, State, or local elective office or any political
| 17 | | organization, but does not include activities (i) relating to | 18 | | the support or
opposition of any executive, legislative, or | 19 | | administrative action (as those
terms are defined in Section 2 | 20 | | of the Lobbyist Registration Act), (ii) relating
to collective | 21 | | bargaining, or (iii) that are
otherwise
in furtherance of the | 22 | | person's official
State duties or governmental and public | 23 | | service functions.
| 24 | | (6) Any member of the Board may be removed by the Governor | 25 | | for neglect
of duty, misfeasance, malfeasance, or nonfeasance | 26 | | in office , or for engaging in any political activity , or for |
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| 1 | | violating paragraph (5) of this subsection (a) .
| 2 | | (7) Before entering upon the discharge of the duties of his | 3 | | office, each
member of the Board shall take an oath that he | 4 | | will faithfully execute the
duties of his office according to | 5 | | the laws of the State and the rules and
regulations adopted | 6 | | therewith and shall give bond to the State of Illinois,
| 7 | | approved by the Governor, in the sum of $25,000. Every such | 8 | | bond, when
duly executed and approved, shall be recorded in the | 9 | | office of the
Secretary of State. Whenever the Governor | 10 | | determines that the bond of any
member of the Board has become | 11 | | or is likely to become invalid or
insufficient, he shall | 12 | | require such member forthwith to renew his bond,
which is to be | 13 | | approved by the Governor. Any member of the Board who fails
to | 14 | | take oath and give bond within 30 days from the date of his | 15 | | appointment,
or who fails to renew his bond within 30 days | 16 | | after it is demanded by the
Governor, shall be guilty of | 17 | | neglect of duty and may be removed by the
Governor. The cost of | 18 | | any bond given by any member of the Board under this
Section | 19 | | shall be taken to be a part of the necessary expenses of the | 20 | | Board.
| 21 | | (7.5) For the examination of all mechanical, | 22 | | electromechanical, or electronic table games, slot machines, | 23 | | slot accounting systems, and other electronic gaming equipment | 24 | | for compliance with this Act, the Board may utilize the | 25 | | services of one or more independent outside testing | 26 | | laboratories that have been accredited by a national |
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| 1 | | accreditation body and that, in the judgment of the Board, are | 2 | | qualified to perform such examinations. | 3 | | (8) The Board shall employ such
personnel as may be | 4 | | necessary to carry out its functions and shall determine the | 5 | | salaries of all personnel, except those personnel whose | 6 | | salaries are determined under the terms of a collective | 7 | | bargaining agreement. No
person shall be employed to serve the | 8 | | Board who is, or whose spouse, parent
or child or other person | 9 | | with whom the employee has a romantic or sexual relationship | 10 | | is, an official of, or has a financial interest in or financial
| 11 | | relation with , including contractual relationships with , any | 12 | | operator engaged in gambling operations within this
State , | 13 | | including video gaming, or any organization engaged in | 14 | | conducting horse racing within this
State. Any employee | 15 | | violating these prohibitions shall be subject to
termination of | 16 | | employment.
| 17 | | (9) An Administrator shall perform any and all duties that | 18 | | the Board
shall assign him. The salary of the Administrator | 19 | | shall be determined by
the Board and, in addition,
he shall be | 20 | | reimbursed for all actual and necessary expenses incurred by
| 21 | | him in discharge of his official duties. The Administrator | 22 | | shall keep
records of all proceedings of the Board and shall | 23 | | preserve all records,
books, documents and other papers | 24 | | belonging to the Board or entrusted to
its care. The | 25 | | Administrator shall devote his full time to the duties of
the | 26 | | office and shall not hold any other office or employment.
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| 1 | | (b) The Board shall have general responsibility for the | 2 | | implementation
of this Act. Its duties include, without | 3 | | limitation, the following:
| 4 | | (1) To decide promptly and in reasonable order all | 5 | | license applications.
Any party aggrieved by an action of | 6 | | the Board denying, suspending,
revoking, restricting or | 7 | | refusing to renew a license may request a hearing
before | 8 | | the Board. A request for a hearing must be made to the | 9 | | Board in
writing within 5 days after service of notice of | 10 | | the action of the Board.
Notice of the action of the Board | 11 | | shall be served either by personal
delivery or by certified | 12 | | mail, postage prepaid, to the aggrieved party.
Notice | 13 | | served by certified mail shall be deemed complete on the | 14 | | business
day following the date of such mailing. The Board | 15 | | shall conduct all
requested hearings promptly and in | 16 | | reasonable order;
| 17 | | (2) To conduct all hearings pertaining to civil | 18 | | violations of this Act
or rules and regulations promulgated | 19 | | hereunder;
| 20 | | (3) To promulgate such rules and regulations as in its | 21 | | judgment may be
necessary to protect or enhance the | 22 | | credibility and integrity of gambling
operations | 23 | | authorized by this Act and the regulatory process | 24 | | hereunder;
| 25 | | (4) To provide for the establishment and collection of | 26 | | all license and
registration fees and taxes imposed by this |
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| 1 | | Act and the rules and
regulations issued pursuant hereto. | 2 | | All such fees and taxes shall be
deposited into the State | 3 | | Gaming Fund;
| 4 | | (5) To provide for the levy and collection of penalties | 5 | | and fines for the
violation of provisions of this Act and | 6 | | the rules and regulations
promulgated hereunder. All such | 7 | | fines and penalties shall be deposited
into the Education | 8 | | Assistance Fund, created by Public Act 86-0018, of the
| 9 | | State of Illinois;
| 10 | | (6) To be present through its inspectors and agents any | 11 | | time gambling
operations are conducted on any riverboat for | 12 | | the purpose of certifying the
revenue thereof, receiving | 13 | | complaints from the public, and conducting such
other | 14 | | investigations into the conduct of the gambling games and | 15 | | the
maintenance of the equipment as from time to time the | 16 | | Board may deem
necessary and proper;
| 17 | | (7) To review and rule upon any complaint by a licensee
| 18 | | regarding any investigative procedures of the State which | 19 | | are unnecessarily
disruptive of gambling operations. The | 20 | | need to inspect and investigate
shall be presumed at all | 21 | | times. The disruption of a licensee's operations
shall be | 22 | | proved by clear and convincing evidence, and establish | 23 | | that: (A)
the procedures had no reasonable law enforcement | 24 | | purposes, and (B) the
procedures were so disruptive as to | 25 | | unreasonably inhibit gambling operations;
| 26 | | (8) To hold at least one meeting each quarter of the |
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| 1 | | fiscal
year. In addition, special meetings may be called by | 2 | | the Chairman or any 2
Board members upon 72 hours written | 3 | | notice to each member. All Board
meetings shall be subject | 4 | | to the Open Meetings Act. Three members of the
Board shall | 5 | | constitute a quorum, and 3 votes shall be required for any
| 6 | | final determination by the Board. The Board shall keep a | 7 | | complete and
accurate record of all its meetings. A | 8 | | majority of the members of the Board
shall constitute a | 9 | | quorum for the transaction of any business, for the
| 10 | | performance of any duty, or for the exercise of any power | 11 | | which this Act
requires the Board members to transact, | 12 | | perform or exercise en banc, except
that, upon order of the | 13 | | Board, one of the Board members or an
administrative law | 14 | | judge designated by the Board may conduct any hearing
| 15 | | provided for under this Act or by Board rule and may | 16 | | recommend findings and
decisions to the Board. The Board | 17 | | member or administrative law judge
conducting such hearing | 18 | | shall have all powers and rights granted to the
Board in | 19 | | this Act. The record made at the time of the hearing shall | 20 | | be
reviewed by the Board, or a majority thereof, and the | 21 | | findings and decision
of the majority of the Board shall | 22 | | constitute the order of the Board in
such case;
| 23 | | (9) To maintain records which are separate and distinct | 24 | | from the records
of any other State board or commission. | 25 | | Such records shall be available
for public inspection and | 26 | | shall accurately reflect all Board proceedings;
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| 1 | | (10) To file a written annual report with the Governor | 2 | | on or before
July 1 each year and such additional reports | 3 | | as the Governor may request.
The annual report shall | 4 | | include a statement of receipts and disbursements
by the | 5 | | Board, actions taken by the Board, and any additional | 6 | | information
and recommendations which the Board may deem | 7 | | valuable or which the Governor
may request;
| 8 | | (11) (Blank);
| 9 | | (12) (Blank);
| 10 | | (13) To assume responsibility for administration and | 11 | | enforcement of the
Video Gaming Act; and | 12 | | (14) To adopt, by rule, a code of conduct governing | 13 | | Board members and employees that ensure, to the maximum | 14 | | extent possible, that persons subject to this Code avoid | 15 | | situations, relationships, or associations that may | 16 | | represent or lead to a conflict of interest.
| 17 | | (c) The Board shall have jurisdiction over and shall | 18 | | supervise all
gambling operations governed by this Act. The | 19 | | Board shall have all powers
necessary and proper to fully and | 20 | | effectively execute the provisions of
this Act, including, but | 21 | | not limited to, the following:
| 22 | | (1) To investigate applicants and determine the | 23 | | eligibility of
applicants for licenses and to select among | 24 | | competing applicants the
applicants which best serve the | 25 | | interests of the citizens of Illinois.
| 26 | | (2) To have jurisdiction and supervision over all |
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| 1 | | riverboat gambling
operations in this State and all persons | 2 | | on riverboats where gambling
operations are conducted.
| 3 | | (3) To promulgate rules and regulations for the purpose | 4 | | of administering
the provisions of this Act and to | 5 | | prescribe rules, regulations and
conditions under which | 6 | | all riverboat gambling in the State shall be
conducted. | 7 | | Such rules and regulations are to provide for the | 8 | | prevention of
practices detrimental to the public interest | 9 | | and for the best interests of
riverboat gambling, including | 10 | | rules and regulations regarding the
inspection of such | 11 | | riverboats and the review of any permits or licenses
| 12 | | necessary to operate a riverboat under any laws or | 13 | | regulations applicable
to riverboats, and to impose | 14 | | penalties for violations thereof.
| 15 | | (4) To enter the office, riverboats, facilities, or | 16 | | other
places of business of a licensee, where evidence of | 17 | | the compliance or
noncompliance with the provisions of this | 18 | | Act is likely to be found.
| 19 | | (5) To investigate alleged violations of this Act or | 20 | | the
rules of the Board and to take appropriate disciplinary
| 21 | | action against a licensee or a holder of an occupational | 22 | | license for a
violation, or institute appropriate legal | 23 | | action for enforcement, or both.
| 24 | | (6) To adopt standards for the licensing of all persons | 25 | | under this Act,
as well as for electronic or mechanical | 26 | | gambling games, and to establish
fees for such licenses.
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| 1 | | (7) To adopt appropriate standards for all riverboats
| 2 | | and facilities.
| 3 | | (8) To require that the records, including financial or | 4 | | other statements
of any licensee under this Act, shall be | 5 | | kept in such manner as prescribed
by the Board and that any | 6 | | such licensee involved in the ownership or
management of | 7 | | gambling operations submit to the Board an annual balance
| 8 | | sheet and profit and loss statement, list of the | 9 | | stockholders or other
persons having a 1% or greater | 10 | | beneficial interest in the gambling
activities of each | 11 | | licensee, and any other information the Board deems
| 12 | | necessary in order to effectively administer this Act and | 13 | | all rules,
regulations, orders and final decisions | 14 | | promulgated under this Act.
| 15 | | (9) To conduct hearings, issue subpoenas for the | 16 | | attendance of
witnesses and subpoenas duces tecum for the | 17 | | production of books, records
and other pertinent documents | 18 | | in accordance with the Illinois
Administrative Procedure | 19 | | Act, and to administer oaths and affirmations to
the | 20 | | witnesses, when, in the judgment of the Board, it is | 21 | | necessary to
administer or enforce this Act or the Board | 22 | | rules.
| 23 | | (10) To prescribe a form to be used by any licensee | 24 | | involved in the
ownership or management of gambling | 25 | | operations as an
application for employment for their | 26 | | employees.
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| 1 | | (11) To revoke or suspend licenses, as the Board may | 2 | | see fit and in
compliance with applicable laws of the State | 3 | | regarding administrative
procedures, and to review | 4 | | applications for the renewal of licenses. The
Board may | 5 | | suspend an owners license, without notice or hearing upon a
| 6 | | determination that the safety or health of patrons or | 7 | | employees is
jeopardized by continuing a riverboat's | 8 | | operation. The suspension may
remain in effect until the | 9 | | Board determines that the cause for suspension
has been | 10 | | abated. The Board may revoke the owners license upon a
| 11 | | determination that the owner has not made satisfactory | 12 | | progress toward
abating the hazard.
| 13 | | (12) To eject or exclude or authorize the ejection or | 14 | | exclusion of, any
person from riverboat gambling | 15 | | facilities where such person is in violation
of this Act, | 16 | | rules and regulations thereunder, or final orders of the
| 17 | | Board, or where such person's conduct or reputation is such | 18 | | that his
presence within the riverboat gambling facilities | 19 | | may, in the opinion of
the Board, call into question the | 20 | | honesty and integrity of the gambling
operations or | 21 | | interfere with orderly conduct thereof; provided that the
| 22 | | propriety of such ejection or exclusion is subject to | 23 | | subsequent hearing
by the Board.
| 24 | | (13) To require all licensees of gambling operations to | 25 | | utilize a
cashless wagering system whereby all players' | 26 | | money is converted to tokens,
electronic cards, or chips |
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| 1 | | which shall be used only for wagering in the
gambling | 2 | | establishment.
| 3 | | (14) (Blank).
| 4 | | (15) To suspend, revoke or restrict licenses, to | 5 | | require the
removal of a licensee or an employee of a | 6 | | licensee for a violation of this
Act or a Board rule or for | 7 | | engaging in a fraudulent practice, and to
impose civil | 8 | | penalties of up to $5,000 against individuals and up to
| 9 | | $10,000 or an amount equal to the daily gross receipts, | 10 | | whichever is
larger, against licensees for each violation | 11 | | of any provision of the Act,
any rules adopted by the | 12 | | Board, any order of the Board or any other action
which, in | 13 | | the Board's discretion, is a detriment or impediment to | 14 | | riverboat
gambling operations.
| 15 | | (16) To hire employees to gather information, conduct | 16 | | investigations
and carry out any other tasks contemplated | 17 | | under this Act.
| 18 | | (17) To establish minimum levels of insurance to be | 19 | | maintained by
licensees.
| 20 | | (18) To authorize a licensee to sell or serve alcoholic | 21 | | liquors, wine or
beer as defined in the Liquor Control Act | 22 | | of 1934 on board a riverboat
and to have exclusive | 23 | | authority to establish the hours for sale and
consumption | 24 | | of alcoholic liquor on board a riverboat, notwithstanding | 25 | | any
provision of the Liquor Control Act of 1934 or any | 26 | | local ordinance, and
regardless of whether the riverboat |
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| 1 | | makes excursions. The
establishment of the hours for sale | 2 | | and consumption of alcoholic liquor on
board a riverboat is | 3 | | an exclusive power and function of the State. A home
rule | 4 | | unit may not establish the hours for sale and consumption | 5 | | of alcoholic
liquor on board a riverboat. This amendatory | 6 | | Act of 1991 is a denial and
limitation of home rule powers | 7 | | and functions under subsection (h) of
Section 6 of Article | 8 | | VII of the Illinois Constitution.
| 9 | | (19) After consultation with the U.S. Army Corps of | 10 | | Engineers, to
establish binding emergency orders upon the | 11 | | concurrence of a majority of
the members of the Board | 12 | | regarding the navigability of water, relative to
| 13 | | excursions,
in the event
of extreme weather conditions, | 14 | | acts of God or other extreme circumstances.
| 15 | | (20) To delegate the execution of any of its powers | 16 | | under this Act for
the purpose of administering and | 17 | | enforcing this Act and its rules and
regulations hereunder.
| 18 | | (20.5) To approve any contract entered into on its | 19 | | behalf.
| 20 | | (20.6) To appoint investigators to conduct | 21 | | investigations, searches, seizures, arrests, and other | 22 | | duties imposed under this Act, as deemed necessary by the | 23 | | Board. These investigators have and may exercise all of the | 24 | | rights and powers of peace officers, provided that these | 25 | | powers shall be limited to offenses or violations occurring | 26 | | or committed on a riverboat or dock, as defined in |
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| 1 | | subsections (d) and (f) of Section 4, or as otherwise | 2 | | provided by this Act or any other law. | 3 | | (20.7) To contract with the Department of State Police | 4 | | for the use of trained and qualified State police officers | 5 | | and with the Department of Revenue for the use of trained | 6 | | and qualified Department of Revenue investigators to | 7 | | conduct investigations, searches, seizures, arrests, and | 8 | | other duties imposed under this Act and to exercise all of | 9 | | the rights and powers of peace officers, provided that the | 10 | | powers of Department of Revenue investigators under this | 11 | | subdivision (20.7) shall be limited to offenses or | 12 | | violations occurring or committed on a riverboat or dock, | 13 | | as defined in subsections (d) and (f) of Section 4, or as | 14 | | otherwise provided by this Act or any other law. In the | 15 | | event the Department of State Police or the Department of | 16 | | Revenue is unable to fill contracted police or | 17 | | investigative positions, the Board may appoint | 18 | | investigators to fill those positions pursuant to | 19 | | subdivision (20.6).
| 20 | | (21) To take any other action as may be reasonable or | 21 | | appropriate to
enforce this Act and rules and regulations | 22 | | hereunder.
| 23 | | (d) The Board may seek and shall receive the cooperation of | 24 | | the
Department of State Police in conducting background | 25 | | investigations of
applicants and in fulfilling its | 26 | | responsibilities under
this Section. Costs incurred by the |
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| 1 | | Department of State Police as
a result of such cooperation | 2 | | shall be paid by the Board in conformance
with the requirements | 3 | | of Section 2605-400 of the Department of State Police Law
(20 | 4 | | ILCS 2605/2605-400).
| 5 | | (e) The Board must authorize to each investigator and to | 6 | | any other
employee of the Board exercising the powers of a | 7 | | peace officer a distinct badge
that, on its face, (i) clearly | 8 | | states that the badge is authorized by the Board
and
(ii) | 9 | | contains a unique identifying number. No other badge shall be | 10 | | authorized
by the Board.
| 11 | | (Source: P.A. 100-1152, eff. 12-14-18.)
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