State of Illinois
92nd General Assembly

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 1        AN ACT in relation to gambling.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Riverboat  Gambling  Act  is  amended  by
 5    changing Section 5 as follows:

 6        (230 ILCS 10/5) (from Ch. 120, par. 2405)
 7        Sec. 5.  Gaming Board.
 8        (a) (1)  There   is   hereby   established   within   the
 9    Department  of  Revenue  an Illinois Gaming Board which shall
10    have the powers and duties specified in  this  Act,  and  all
11    other  powers  necessary  and proper to fully and effectively
12    execute  this  Act  for   the   purpose   of   administering,
13    regulating,  and  enforcing  the system of riverboat gambling
14    established by this Act. Its jurisdiction shall extend  under
15    this   Act   to   every   person,  association,  corporation,
16    partnership  and  trust  involved   in   riverboat   gambling
17    operations in the State of Illinois.
18        (2)  The  Board  shall  consist  of  7  5  members  to be
19    appointed by the Governor with the advice and consent of  the
20    Senate, one of whom shall be designated by the Governor to be
21    chairman.   Each  member shall have a reasonable knowledge of
22    the  practice,   procedure   and   principles   of   gambling
23    operations.  Each  member  shall  either  be  a  resident  of
24    Illinois  or  shall certify that he will become a resident of
25    Illinois before taking office. At least one member  shall  be
26    experienced in law enforcement and criminal investigation, at
27    least  one  member  shall  be  a  certified public accountant
28    experienced in accounting and  auditing,  and  at  least  one
29    member  shall  be  a  lawyer  licensed  to  practice  law  in
30    Illinois,  and at least one member shall be a person verified
31    by the National Counsel on Problem Gambling or by  its  State
                            -2-                LRB9207218LDpr
 1    affiliate,  the  Illinois  Counsel  on Problem and Compulsive
 2    Gambling, as either a person who has been in  a  recovery  or
 3    treatment  program  for  compulsive  gambling for at least 10
 4    years  or  an  individual  with  specialized   knowledge   or
 5    experience in the field of pathological gambling.
 6        (3)  The  terms of office of the Board members shall be 3
 7    years, except that the terms of office of the  initial  Board
 8    members appointed pursuant to this Act will commence from the
 9    effective  date  of  this  Act and run as follows:  one for a
10    term ending July 1, 1991, 2 for a term ending July  1,  1992,
11    and 2 for a term ending July 1, 1993.  The terms of office of
12    the initial Board members appointed under this amendatory Act
13    of the 92nd General Assembly will commence from the effective
14    date of this amendatory Act and run until July 1, 2004.  Upon
15    the expiration of the foregoing terms, the successors of such
16    members  shall  serve  a  term  for  3  years and until their
17    successors  are  appointed  and  qualified  for  like  terms.
18    Vacancies in the Board shall be filled for the unexpired term
19    in like manner as original appointments.  Each member of  the
20    Board  shall  be eligible for reappointment at the discretion
21    of the Governor with the advice and consent of the Senate.
22        (4)  Each member of the Board shall receive $300 for each
23    day the Board meets and for each day the member conducts  any
24    hearing pursuant to this Act.  Each member of the Board shall
25    also  be reimbursed for all actual and necessary expenses and
26    disbursements incurred in the execution of official duties.
27        (5)  No person shall be appointed a member of  the  Board
28    or  continue  to  be  a  member of the Board who is, or whose
29    spouse, child  or  parent  is,  a  member  of  the  board  of
30    directors  of,  or  a  person  financially interested in, any
31    gambling operation subject to the jurisdiction of this Board,
32    or any race track, race meeting, racing  association  or  the
33    operations   thereof  subject  to  the  jurisdiction  of  the
34    Illinois Racing Board.  No Board member shall hold any  other
                            -3-                LRB9207218LDpr
 1    public  office  for which he shall receive compensation other
 2    than necessary  travel  or  other  incidental  expenses.   No
 3    person  shall  be  a  member  of the Board who is not of good
 4    moral character or who has been convicted  of,  or  is  under
 5    indictment  for,  a  felony under the laws of Illinois or any
 6    other state, or the United States.
 7        (6)  Any member of  the  Board  may  be  removed  by  the
 8    Governor  for  neglect  of duty, misfeasance, malfeasance, or
 9    nonfeasance in office.
10        (7)  Before entering upon the discharge of the duties  of
11    his  office, each member of the Board shall take an oath that
12    he will faithfully execute the duties of his office according
13    to the laws of  the  State  and  the  rules  and  regulations
14    adopted  therewith  and  shall  give  bond  to  the  State of
15    Illinois, approved by the Governor, in the  sum  of  $25,000.
16    Every  such  bond,  when duly executed and approved, shall be
17    recorded in the office of the Secretary of  State.   Whenever
18    the  Governor  determines  that the bond of any member of the
19    Board  has  become  or  is  likely  to  become   invalid   or
20    insufficient, he shall require such member forthwith to renew
21    his  bond,  which  is  to  be  approved by the Governor.  Any
22    member of the Board who fails to  take  oath  and  give  bond
23    within 30 days from the date of his appointment, or who fails
24    to  renew his bond within 30 days after it is demanded by the
25    Governor, shall be guilty of  neglect  of  duty  and  may  be
26    removed  by  the Governor.  The cost of any bond given by any
27    member of the Board under this Section shall be taken to be a
28    part of the necessary expenses of the Board.
29        (8)  Upon the request of the Board, the Department  shall
30    employ  such  personnel  as may be necessary to carry out the
31    functions of the Board.  No person shall be employed to serve
32    the Board who is, or whose spouse, parent  or  child  is,  an
33    official  of,  or  has  a  financial interest in or financial
34    relation with, any operator engaged  in  gambling  operations
                            -4-                LRB9207218LDpr
 1    within  this  State or any organization engaged in conducting
 2    horse racing within this State.  Any employee violating these
 3    prohibitions shall be subject to termination of employment.
 4        (9)  An Administrator shall perform any  and  all  duties
 5    that   the  Board  shall  assign  him.   The  salary  of  the
 6    Administrator shall be determined by the Board  and  approved
 7    by  the Director of the Department and, in addition, he shall
 8    be reimbursed for all actual and necessary expenses  incurred
 9    by   him   in   discharge   of   his  official  duties.   The
10    Administrator shall keep records of all  proceedings  of  the
11    Board  and  shall  preserve all records, books, documents and
12    other papers belonging to the Board or entrusted to its care.
13    The Administrator shall devote his full time to the duties of
14    the office and shall not hold any other office or employment.
15        (b)  The Board shall have general responsibility for  the
16    implementation  of  this  Act.   Its  duties include, without
17    limitation, the following:
18             (1)  To decide promptly and in reasonable order  all
19        license applications. Any party aggrieved by an action of
20        the  Board  denying, suspending, revoking, restricting or
21        refusing to renew a license may request a hearing  before
22        the  Board.   A request for a hearing must be made to the
23        Board in writing within 5 days after service of notice of
24        the action of the Board.  Notice of  the  action  of  the
25        Board  shall  be served either by personal delivery or by
26        certified mail, postage prepaid, to the aggrieved party.
27        Notice served by certified mail shall be deemed  complete
28        on  the  business day following the date of such mailing.
29        The Board shall conduct all requested  hearings  promptly
30        and in reasonable order;
31             (2)  To  conduct  all  hearings  pertaining to civil
32        violations  of  this  Act  or   rules   and   regulations
33        promulgated hereunder;
34             (3)  To  promulgate such rules and regulations as in
                            -5-                LRB9207218LDpr
 1        its judgment may be necessary to protect or  enhance  the
 2        credibility   and   integrity   of   gambling  operations
 3        authorized  by  this  Act  and  the  regulatory   process
 4        hereunder;
 5             (4)  To provide for the establishment and collection
 6        of all license and registration fees and taxes imposed by
 7        this  Act  and  the rules and regulations issued pursuant
 8        hereto.  All such fees and taxes shall be deposited  into
 9        the State Gaming Fund;
10             (5)  To  provide  for  the  levy  and  collection of
11        penalties and fines for the violation  of  provisions  of
12        this  Act  and  the  rules  and  regulations  promulgated
13        hereunder.    All  such  fines  and  penalties  shall  be
14        deposited into the Education Assistance Fund, created  by
15        Public Act 86-0018, of the State of Illinois;
16             (6)  To be present through its inspectors and agents
17        any   time  gambling  operations  are  conducted  on  any
18        riverboat for  the  purpose  of  certifying  the  revenue
19        thereof,   receiving  complaints  from  the  public,  and
20        conducting such other investigations into the conduct  of
21        the  gambling  games and the maintenance of the equipment
22        as from time to time the Board  may  deem  necessary  and
23        proper;
24             (7)  To  review  and  rule  upon  any complaint by a
25        licensee regarding any investigative  procedures  of  the
26        State  which  are  unnecessarily  disruptive  of gambling
27        operations.  The need to inspect and investigate shall be
28        presumed at all times.  The disruption  of  a  licensee's
29        operations  shall  be  proved  by  clear  and  convincing
30        evidence,  and establish that:  (A) the procedures had no
31        reasonable  law  enforcement  purposes,   and   (B)   the
32        procedures  were so disruptive as to unreasonably inhibit
33        gambling operations;
34             (8)  To hold at least one meeting  each  quarter  of
                            -6-                LRB9207218LDpr
 1        the  fiscal  year.   In addition, special meetings may be
 2        called by the Chairman or any 2  Board  members  upon  72
 3        hours  written notice to each member.  All Board meetings
 4        shall be subject to the Open Meetings Act. Three  members
 5        of the Board shall constitute a quorum, and 3 votes shall
 6        be  required  for  any  final determination by the Board.
 7        The Board shall keep a complete and  accurate  record  of
 8        all  its meetings. A majority of the members of the Board
 9        shall constitute a quorum  for  the  transaction  of  any
10        business,  for  the  performance  of any duty, or for the
11        exercise of any power which this Act requires  the  Board
12        members  to transact, perform or exercise en banc, except
13        that, upon order of the Board, one of the  Board  members
14        or  an  administrative  law judge designated by the Board
15        may conduct any hearing provided for under this Act or by
16        Board rule and may recommend findings  and  decisions  to
17        the  Board.  The Board member or administrative law judge
18        conducting such hearing shall have all powers and  rights
19        granted  to the Board in this Act. The record made at the
20        time of the hearing shall be reviewed by the Board, or  a
21        majority  thereof,  and  the findings and decision of the
22        majority of the Board shall constitute the order  of  the
23        Board in such case;
24             (9)  To  maintain  records  which  are  separate and
25        distinct from the records of any  other  State  board  or
26        commission.   Such  records shall be available for public
27        inspection  and  shall  accurately  reflect   all   Board
28        proceedings;
29             (10)  To  file  a  written  annual  report  with the
30        Governor  on  or  before  March  1  each  year  and  such
31        additional reports  as  the  Governor  may  request.  The
32        annual  report  shall include a statement of receipts and
33        disbursements by the Board, actions taken by  the  Board,
34        and  any additional information and recommendations which
                            -7-                LRB9207218LDpr
 1        the Board may deem valuable or  which  the  Governor  may
 2        request;
 3             (11)  (Blank); and
 4             (12)  To     assume     responsibility    for    the
 5        administration and enforcement of the Bingo  License  and
 6        Tax  Act, the Charitable Games Act, and the Pull Tabs and
 7        Jar Games Act if such responsibility is delegated  to  it
 8        by the Director of Revenue.
 9        (c)  The  Board  shall  have  jurisdiction over and shall
10    supervise all gambling operations governed by this Act.   The
11    Board shall have all powers necessary and proper to fully and
12    effectively  execute  the  provisions of this Act, including,
13    but not limited to, the following:
14             (1)  To investigate  applicants  and  determine  the
15        eligibility  of  applicants  for  licenses  and to select
16        among competing  applicants  the  applicants  which  best
17        serve the interests of the citizens of Illinois.
18             (2)  To  have  jurisdiction and supervision over all
19        riverboat gambling  operations  in  this  State  and  all
20        persons  on  riverboats  where  gambling  operations  are
21        conducted.
22             (3)  To  promulgate  rules  and  regulations for the
23        purpose of administering the provisions of this  Act  and
24        to  prescribe  rules,  regulations  and  conditions under
25        which all  riverboat  gambling  in  the  State  shall  be
26        conducted.  Such rules and regulations are to provide for
27        the  prevention  of  practices  detrimental to the public
28        interest  and  for  the  best  interests   of   riverboat
29        gambling,  including  rules and regulations regarding the
30        inspection of such  riverboats  and  the  review  of  any
31        permits  or  licenses  necessary  to  operate a riverboat
32        under any laws or regulations applicable  to  riverboats,
33        and to impose penalties for violations thereof.
34             (4)  To enter the office, riverboats, facilities, or
                            -8-                LRB9207218LDpr
 1        other places of business of a licensee, where evidence of
 2        the  compliance  or  noncompliance with the provisions of
 3        this Act is likely to be found.
 4             (5)  To investigate alleged violations of  this  Act
 5        or  the  rules  of  the  Board  and  to  take appropriate
 6        disciplinary action against a licensee or a holder of  an
 7        occupational   license  for  a  violation,  or  institute
 8        appropriate legal action for enforcement, or both.
 9             (6)  To adopt standards for  the  licensing  of  all
10        persons  under  this  Act,  as  well as for electronic or
11        mechanical gambling games, and to establish fees for such
12        licenses.
13             (7)  To  adopt   appropriate   standards   for   all
14        riverboats and facilities.
15             (8)  To   require   that   the   records,  including
16        financial or other statements of any licensee under  this
17        Act,  shall  be  kept in such manner as prescribed by the
18        Board  and  that  any  such  licensee  involved  in   the
19        ownership  or management of gambling operations submit to
20        the Board an annual balance sheet  and  profit  and  loss
21        statement,  list  of  the  stockholders  or other persons
22        having  a  1%  or  greater  beneficial  interest  in  the
23        gambling activities of  each  licensee,   and  any  other
24        information   the  Board  deems  necessary  in  order  to
25        effectively  administer   this   Act   and   all   rules,
26        regulations, orders and final decisions promulgated under
27        this Act.
28             (9)  To  conduct  hearings,  issue subpoenas for the
29        attendance of witnesses and subpoenas duces tecum for the
30        production  of  books,  records   and   other   pertinent
31        documents  in accordance with the Illinois Administrative
32        Procedure Act, and to administer oaths  and  affirmations
33        to  the witnesses, when, in the judgment of the Board, it
34        is necessary to administer or enforce  this  Act  or  the
                            -9-                LRB9207218LDpr
 1        Board rules.
 2             (10)  To prescribe a form to be used by any licensee
 3        involved  in  the  ownership  or  management  of gambling
 4        operations as an application  for  employment  for  their
 5        employees.
 6             (11)  To  revoke  or  suspend licenses, as the Board
 7        may see fit and in compliance with applicable laws of the
 8        State regarding administrative procedures, and to  review
 9        applications  for the renewal of licenses.  The Board may
10        suspend an owners license, without notice or hearing upon
11        a determination that the safety or health of  patrons  or
12        employees  is  jeopardized  by  continuing  a riverboat's
13        operation.  The suspension may remain in effect until the
14        Board determines that the cause for suspension  has  been
15        abated.   The  Board may revoke the owners license upon a
16        determination that the owner has  not  made  satisfactory
17        progress toward abating the hazard.
18             (12)  To  eject or exclude or authorize the ejection
19        or exclusion  of,  any  person  from  riverboat  gambling
20        facilities where such person is in violation of this Act,
21        rules  and regulations thereunder, or final orders of the
22        Board, or where such person's conduct  or  reputation  is
23        such  that  his  presence  within  the riverboat gambling
24        facilities may, in the opinion of the  Board,  call  into
25        question  the  honesty  and  integrity  of  the  gambling
26        operations  or  interfere  with  orderly conduct thereof;
27        provided that the propriety of such ejection or exclusion
28        is subject to subsequent hearing by the Board.
29             (13)  To   require   all   licensees   of   gambling
30        operations to utilize a cashless wagering system  whereby
31        all  players'  money  is  converted to tokens, electronic
32        cards, or chips which shall be used only for wagering  in
33        the gambling establishment.
34             (14)  (Blank).
                            -10-               LRB9207218LDpr
 1             (15)  To  suspend,  revoke  or restrict licenses, to
 2        require the removal of a licensee or  an  employee  of  a
 3        licensee  for  a violation of this Act or a Board rule or
 4        for engaging in a  fraudulent  practice,  and  to  impose
 5        civil  penalties  of up to $5,000 against individuals and
 6        up to $10,000 or an  amount  equal  to  the  daily  gross
 7        receipts, whichever is larger, against licensees for each
 8        violation  of any provision of the Act, any rules adopted
 9        by the Board, any order of the Board or any other  action
10        which,  in  the  Board's  discretion,  is  a detriment or
11        impediment to riverboat gambling operations.
12             (16)  To  hire  employees  to  gather   information,
13        conduct  investigations  and  carry  out  any other tasks
14        contemplated under this Act.
15             (17)  To establish minimum levels of insurance to be
16        maintained by licensees.
17             (18)  To authorize  a  licensee  to  sell  or  serve
18        alcoholic  liquors, wine or beer as defined in the Liquor
19        Control Act of 1934 on board  a  riverboat  and  to  have
20        exclusive  authority  to establish the hours for sale and
21        consumption of alcoholic liquor  on  board  a  riverboat,
22        notwithstanding  any  provision of the Liquor Control Act
23        of 1934 or any local ordinance, and regardless of whether
24        the riverboat makes excursions.  The establishment of the
25        hours for sale and consumption  of  alcoholic  liquor  on
26        board  a  riverboat is an exclusive power and function of
27        the State.  A home rule unit may not establish the  hours
28        for  sale  and consumption of alcoholic liquor on board a
29        riverboat.  This amendatory Act of 1991 is a  denial  and
30        limitation  of  home  rule  powers  and  functions  under
31        subsection  (h)  of  Section  6  of  Article  VII  of the
32        Illinois Constitution.
33             (19)  After consultation with the U.S. Army Corps of
34        Engineers, to establish binding emergency orders upon the
                            -11-               LRB9207218LDpr
 1        concurrence of a majority of the  members  of  the  Board
 2        regarding   the   navigability   of  water,  relative  to
 3        excursions, in the event of extreme  weather  conditions,
 4        acts of God or other extreme circumstances.
 5             (20)  To delegate the execution of any of its powers
 6        under  this  Act  for  the  purpose  of administering and
 7        enforcing  this  Act  and  its  rules   and   regulations
 8        hereunder.
 9             (21)  To  take any other action as may be reasonable
10        or  appropriate  to  enforce  this  Act  and  rules   and
11        regulations hereunder.
12        (d)  The Board may seek and shall receive the cooperation
13    of  the  Department  of State Police in conducting background
14    investigations  of   applicants   and   in   fulfilling   its
15    responsibilities  under  this Section.  Costs incurred by the
16    Department of State Police as a result  of  such  cooperation
17    shall   be   paid  by  the  Board  in  conformance  with  the
18    requirements of Section 2605-400 of the Department  of  State
19    Police Law (20 ILCS 2605/2605-400).
20        (e)  The Board must authorize to each investigator and to
21    any  other  employee  of the Board exercising the powers of a
22    peace officer a distinct badge that, on its face, (i) clearly
23    states that the badge is authorized by  the  Board  and  (ii)
24    contains  a  unique identifying number.  No other badge shall
25    be authorized by the Board.
26    (Source:  P.A.  91-40,  eff.  1-1-00;  91-239,  eff.  1-1-00;
27    91-883, eff. 1-1-01.)

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