Rep. Robert Rita
Filed: 3/19/2014
 
 


 




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1
AMENDMENT TO SENATE BILL 1739




2 AMENDMENT NO. ______. Amend Senate Bill 1739, AS AMENDED, 
3by replacing everything after the enacting clause with the 
4following:


5 "Section 5. The Alcoholism and Other Drug Abuse and 
6Dependency Act is amended by changing Section 5-20 as follows:




7 (20 ILCS 301/5-20)



8 Sec. 5-20. Compulsive gambling program. 

9 (a) Subject to appropriation, the Department shall 
10establish a program for
public education, research, and 
11training regarding problem and compulsive
gambling and the 
12treatment and prevention of problem and compulsive gambling.

13Subject to specific appropriation for these stated purposes, 
14the program must
include all of the following:


15  (1) Establishment and maintenance of a toll-free "800" 
16 telephone number
to provide crisis counseling and referral 
 
 
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1 services to families experiencing
difficulty as a result of 
2 problem or compulsive gambling.


3  (2) Promotion of public awareness regarding the 
4 recognition and
prevention of problem and compulsive 
5 gambling.


6  (3) Facilitation, through in-service training and 
7 other means, of the
availability of effective assistance 
8 programs for problem and compulsive
gamblers.


9  (4) Conducting studies to identify adults and 
10 juveniles in this
State who are, or who are at risk of 
11 becoming, problem or compulsive gamblers.

12 (b) Subject to appropriation, the Department shall either 
13establish and
maintain the program or contract with a private 
14or public entity for the
establishment and maintenance of the 
15program. Subject to appropriation, either
the Department or the 
16private or public entity shall implement the toll-free

17telephone number, promote public awareness, and conduct 
18in-service training
concerning problem and compulsive 
19gambling.

20 (c) Subject to appropriation, the Department shall produce 
21and supply the
signs specified in Section 10.7 of the Illinois 
22Lottery Law, Section 34.1 of
the Illinois Horse Racing Act of 
231975, Section 4.3 of the Bingo License and Tax
Act, Section 8.1 
24of the Charitable Games Act, and Section 13.1 of the Illinois 
25Riverboat
Gambling Act.

26(Source: P.A. 89-374, eff. 1-1-96; 89-626, eff. 8-9-96.)


 
 
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1 Section 10. The Illinois Lottery Law is amended by changing 
2Section 9.1 as follows:

3 (20 ILCS 1605/9.1)
4 Sec. 9.1. Private manager and management agreement.
5 (a) As used in this Section:
6 "Offeror" means a person or group of persons that responds 
7to a request for qualifications under this Section.
8 "Request for qualifications" means all materials and 
9documents prepared by the Department to solicit the following 
10from offerors:
11  (1) Statements of qualifications.
12  (2) Proposals to enter into a management agreement, 
13 including the identity of any prospective vendor or vendors 
14 that the offeror intends to initially engage to assist the 
15 offeror in performing its obligations under the management 
16 agreement.
17 "Final offer" means the last proposal submitted by an 
18offeror in response to the request for qualifications, 
19including the identity of any prospective vendor or vendors 
20that the offeror intends to initially engage to assist the 
21offeror in performing its obligations under the management 
22agreement. 
23 "Final offeror" means the offeror ultimately selected by 
24the Governor to be the private manager for the Lottery under 
 
 
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1subsection (h) of this Section.
2 (b) By September 15, 2010, the Governor shall select a 
3private manager for the total management of the Lottery with 
4integrated functions, such as lottery game design, supply of 
5goods and services, and advertising and as specified in this 
6Section.
7 (c) Pursuant to the terms of this subsection, the 
8Department shall endeavor to expeditiously terminate the 
9existing contracts in support of the Lottery in effect on the 
10effective date of this amendatory Act of the 96th General 
11Assembly in connection with the selection of the private 
12manager. As part of its obligation to terminate these contracts 
13and select the private manager, the Department shall establish 
14a mutually agreeable timetable to transfer the functions of 
15existing contractors to the private manager so that existing 
16Lottery operations are not materially diminished or impaired 
17during the transition. To that end, the Department shall do the 
18following:
19  (1) where such contracts contain a provision 
20 authorizing termination upon notice, the Department shall 
21 provide notice of termination to occur upon the mutually 
22 agreed timetable for transfer of functions;
23  (2) upon the expiration of any initial term or renewal 
24 term of the current Lottery contracts, the Department shall 
25 not renew such contract for a term extending beyond the 
26 mutually agreed timetable for transfer of functions; or
 
 
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1  (3) in the event any current contract provides for 
2 termination of that contract upon the implementation of a 
3 contract with the private manager, the Department shall 
4 perform all necessary actions to terminate the contract on 
5 the date that coincides with the mutually agreed timetable 
6 for transfer of functions.
7 If the contracts to support the current operation of the 
8Lottery in effect on the effective date of this amendatory Act 
9of the 96th General Assembly are not subject to termination as 
10provided for in this subsection (c), then the Department may 
11include a provision in the contract with the private manager 
12specifying a mutually agreeable methodology for incorporation.
13 (c-5) The Department shall include provisions in the 
14management agreement whereby the private manager shall, for a 
15fee, and pursuant to a contract negotiated with the Department 
16(the "Employee Use Contract"), utilize the services of current 
17Department employees to assist in the administration and 
18operation of the Lottery. The Department shall be the employer 
19of all such bargaining unit employees assigned to perform such 
20work for the private manager, and such employees shall be State 
21employees, as defined by the Personnel Code. Department 
22employees shall operate under the same employment policies, 
23rules, regulations, and procedures, as other employees of the 
24Department. In addition, neither historical representation 
25rights under the Illinois Public Labor Relations Act, nor 
26existing collective bargaining agreements, shall be disturbed 
 
 
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1by the management agreement with the private manager for the 
2management of the Lottery. 
3 (d) The management agreement with the private manager shall 
4include all of the following:
5  (1) A term not to exceed 10 years, including any 
6 renewals.
7  (2) A provision specifying that the Department:
8   (A) shall exercise actual control over all 
9 significant business decisions; 
10   (A-5) has the authority to direct or countermand 
11 operating decisions by the private manager at any time;
12   (B) has ready access at any time to information 
13 regarding Lottery operations;
14   (C) has the right to demand and receive information 
15 from the private manager concerning any aspect of the 
16 Lottery operations at any time; and
17   (D) retains ownership of all trade names, 
18 trademarks, and intellectual property associated with 
19 the Lottery.
20  (3) A provision imposing an affirmative duty on the 
21 private manager to provide the Department with material 
22 information and with any information the private manager 
23 reasonably believes the Department would want to know to 
24 enable the Department to conduct the Lottery.
25  (4) A provision requiring the private manager to 
26 provide the Department with advance notice of any operating 
 
 
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1 decision that bears significantly on the public interest, 
2 including, but not limited to, decisions on the kinds of 
3 games to be offered to the public and decisions affecting 
4 the relative risk and reward of the games being offered, so 
5 the Department has a reasonable opportunity to evaluate and 
6 countermand that decision.
7  (5) A provision providing for compensation of the 
8 private manager that may consist of, among other things, a 
9 fee for services and a performance based bonus as 
10 consideration for managing the Lottery, including terms 
11 that may provide the private manager with an increase in 
12 compensation if Lottery revenues grow by a specified 
13 percentage in a given year.
14  (6) (Blank).
15  (7) A provision requiring the deposit of all Lottery 
16 proceeds to be deposited into the State Lottery Fund except 
17 as otherwise provided in Section 20 of this Act.
18  (8) A provision requiring the private manager to locate 
19 its principal office within the State.
20  (8-5) A provision encouraging that at least 20% of the 
21 cost of contracts entered into for goods and services by 
22 the private manager in connection with its management of 
23 the Lottery, other than contracts with sales agents or 
24 technical advisors, be awarded to businesses that are a 
25 minority owned business, a female owned business, or a 
26 business owned by a person with disability, as those terms 
 
 
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1 are defined in the Business Enterprise for Minorities, 
2 Females, and Persons with Disabilities Act. 
3  (9) A requirement that so long as the private manager 
4 complies with all the conditions of the agreement under the 
5 oversight of the Department, the private manager shall have 
6 the following duties and obligations with respect to the 
7 management of the Lottery:
8   (A) The right to use equipment and other assets 
9 used in the operation of the Lottery.
10   (B) The rights and obligations under contracts 
11 with retailers and vendors.
12   (C) The implementation of a comprehensive security 
13 program by the private manager.
14   (D) The implementation of a comprehensive system 
15 of internal audits.
16   (E) The implementation of a program by the private 
17 manager to curb compulsive gambling by persons playing 
18 the Lottery.
19   (F) A system for determining (i) the type of 
20 Lottery games, (ii) the method of selecting winning 
21 tickets, (iii) the manner of payment of prizes to 
22 holders of winning tickets, (iv) the frequency of 
23 drawings of winning tickets, (v) the method to be used 
24 in selling tickets, (vi) a system for verifying the 
25 validity of tickets claimed to be winning tickets, 
26 (vii) the basis upon which retailer commissions are 
 
 
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1 established by the manager, and (viii) minimum 
2 payouts.
3  (10) A requirement that advertising and promotion must 
4 be consistent with Section 7.8a of this Act.
5  (11) A requirement that the private manager market the 
6 Lottery to those residents who are new, infrequent, or 
7 lapsed players of the Lottery, especially those who are 
8 most likely to make regular purchases on the Internet as 
9 permitted by law.
10  (12) A code of ethics for the private manager's 
11 officers and employees.
12  (13) A requirement that the Department monitor and 
13 oversee the private manager's practices and take action 
14 that the Department considers appropriate to ensure that 
15 the private manager is in compliance with the terms of the 
16 management agreement, while allowing the manager, unless 
17 specifically prohibited by law or the management 
18 agreement, to negotiate and sign its own contracts with 
19 vendors.
20  (14) A provision requiring the private manager to 
21 periodically file, at least on an annual basis, appropriate 
22 financial statements in a form and manner acceptable to the 
23 Department.
24  (15) Cash reserves requirements.
25  (16) Procedural requirements for obtaining the prior 
26 approval of the Department when a management agreement or 
 
 
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1 an interest in a management agreement is sold, assigned, 
2 transferred, or pledged as collateral to secure financing.
3  (17) Grounds for the termination of the management 
4 agreement by the Department or the private manager.
5  (18) Procedures for amendment of the agreement.
6  (19) A provision requiring the private manager to 
7 engage in an open and competitive bidding process for any 
8 procurement having a cost in excess of $50,000 that is not 
9 a part of the private manager's final offer. The process 
10 shall favor the selection of a vendor deemed to have 
11 submitted a proposal that provides the Lottery with the 
12 best overall value. The process shall not be subject to the 
13 provisions of the Illinois Procurement Code, unless 
14 specifically required by the management agreement.
15  (20) The transition of rights and obligations, 
16 including any associated equipment or other assets used in 
17 the operation of the Lottery, from the manager to any 
18 successor manager of the lottery, including the 
19 Department, following the termination of or foreclosure 
20 upon the management agreement.
21  (21) Right of use of copyrights, trademarks, and 
22 service marks held by the Department in the name of the 
23 State. The agreement must provide that any use of them by 
24 the manager shall only be for the purpose of fulfilling its 
25 obligations under the management agreement during the term 
26 of the agreement.
 
 
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1  (22) The disclosure of any information requested by the 
2 Department to enable it to comply with the reporting 
3 requirements and information requests provided for under 
4 subsection (p) of this Section. 
5 (e) Notwithstanding any other law to the contrary, the 
6Department shall select a private manager through a competitive 
7request for qualifications process consistent with Section 
820-35 of the Illinois Procurement Code, which shall take into 
9account:
10  (1) the offeror's ability to market the Lottery to 
11 those residents who are new, infrequent, or lapsed players 
12 of the Lottery, especially those who are most likely to 
13 make regular purchases on the Internet;
14  (2) the offeror's ability to address the State's 
15 concern with the social effects of gambling on those who 
16 can least afford to do so;
17  (3) the offeror's ability to provide the most 
18 successful management of the Lottery for the benefit of the 
19 people of the State based on current and past business 
20 practices or plans of the offeror; and
21  (4) the offeror's poor or inadequate past performance 
22 in servicing, equipping, operating or managing a lottery on 
23 behalf of Illinois, another State or foreign government and 
24 attracting persons who are not currently regular players of 
25 a lottery.
26 (f) The Department may retain the services of an advisor or 
 
 
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1advisors with significant experience in financial services or 
2the management, operation, and procurement of goods, services, 
3and equipment for a government-run lottery to assist in the 
4preparation of the terms of the request for qualifications and 
5selection of the private manager. Any prospective advisor 
6seeking to provide services under this subsection (f) shall 
7disclose any material business or financial relationship 
8during the past 3 years with any potential offeror, or with a 
9contractor or subcontractor presently providing goods, 
10services, or equipment to the Department to support the 
11Lottery. The Department shall evaluate the material business or 
12financial relationship of each prospective advisor. The 
13Department shall not select any prospective advisor with a 
14substantial business or financial relationship that the 
15Department deems to impair the objectivity of the services to 
16be provided by the prospective advisor. During the course of 
17the advisor's engagement by the Department, and for a period of 
18one year thereafter, the advisor shall not enter into any 
19business or financial relationship with any offeror or any 
20vendor identified to assist an offeror in performing its 
21obligations under the management agreement. Any advisor 
22retained by the Department shall be disqualified from being an 
23offeror.
The Department shall not include terms in the request 
24for qualifications that provide a material advantage whether 
25directly or indirectly to any potential offeror, or any 
26contractor or subcontractor presently providing goods, 
 
 
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1services, or equipment to the Department to support the 
2Lottery, including terms contained in previous responses to 
3requests for proposals or qualifications submitted to 
4Illinois, another State or foreign government when those terms 
5are uniquely associated with a particular potential offeror, 
6contractor, or subcontractor. The request for proposals 
7offered by the Department on December 22, 2008 as 
8"LOT08GAMESYS" and reference number "22016176" is declared 
9void.
10 (g) The Department shall select at least 2 offerors as 
11finalists to potentially serve as the private manager no later 
12than August 9, 2010. Upon making preliminary selections, the 
13Department shall schedule a public hearing on the finalists' 
14proposals and provide public notice of the hearing at least 7 
15calendar days before the hearing. The notice must include all 
16of the following:
17  (1) The date, time, and place of the hearing.
18  (2) The subject matter of the hearing.
19  (3) A brief description of the management agreement to 
20 be awarded.
21  (4) The identity of the offerors that have been 
22 selected as finalists to serve as the private manager.
23  (5) The address and telephone number of the Department.
24 (h) At the public hearing, the Department shall (i) provide 
25sufficient time for each finalist to present and explain its 
26proposal to the Department and the Governor or the Governor's 
 
 
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1designee, including an opportunity to respond to questions 
2posed by the Department, Governor, or designee and (ii) allow 
3the public and non-selected offerors to comment on the 
4presentations. The Governor or a designee shall attend the 
5public hearing. After the public hearing, the Department shall 
6have 14 calendar days to recommend to the Governor whether a 
7management agreement should be entered into with a particular 
8finalist. After reviewing the Department's recommendation, the 
9Governor may accept or reject the Department's recommendation, 
10and shall select a final offeror as the private manager by 
11publication of a notice in the Illinois Procurement Bulletin on 
12or before September 15, 2010. The Governor shall include in the 
13notice a detailed explanation and the reasons why the final 
14offeror is superior to other offerors and will provide 
15management services in a manner that best achieves the 
16objectives of this Section. The Governor shall also sign the 
17management agreement with the private manager.
18 (i) Any action to contest the private manager selected by 
19the Governor under this Section must be brought within 7 
20calendar days after the publication of the notice of the 
21designation of the private manager as provided in subsection 
22(h) of this Section.
23 (j) The Lottery shall remain, for so long as a private 
24manager manages the Lottery in accordance with provisions of 
25this Act, a Lottery conducted by the State, and the State shall 
26not be authorized to sell or transfer the Lottery to a third 
 
 
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1party.
2 (k) Any tangible personal property used exclusively in 
3connection with the lottery that is owned by the Department and 
4leased to the private manager shall be owned by the Department 
5in the name of the State and shall be considered to be public 
6property devoted to an essential public and governmental 
7function.
8 (l) The Department may exercise any of its powers under 
9this Section or any other law as necessary or desirable for the 
10execution of the Department's powers under this Section.
11 (m) Neither this Section nor any management agreement 
12entered into under this Section prohibits the General Assembly 
13from authorizing forms of gambling that are not in direct 
14competition with the Lottery. The forms of gambling authorized 
15by this amendatory Act of the 98th General Assembly constitute 
16authorized forms of gambling that are not in direct competition 
17with the Lottery. 
18 (n) The private manager shall be subject to a complete 
19investigation in the third, seventh, and tenth years of the 
20agreement (if the agreement is for a 10-year term) by the 
21Department in cooperation with the Auditor General to determine 
22whether the private manager has complied with this Section and 
23the management agreement. The private manager shall bear the 
24cost of an investigation or reinvestigation of the private 
25manager under this subsection.
26 (o) The powers conferred by this Section are in addition 
 
 
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1and supplemental to the powers conferred by any other law. If 
2any other law or rule is inconsistent with this Section, 
3including, but not limited to, provisions of the Illinois 
4Procurement Code, then this Section controls as to any 
5management agreement entered into under this Section. This 
6Section and any rules adopted under this Section contain full 
7and complete authority for a management agreement between the 
8Department and a private manager. No law, procedure, 
9proceeding, publication, notice, consent, approval, order, or 
10act by the Department or any other officer, Department, agency, 
11or instrumentality of the State or any political subdivision is 
12required for the Department to enter into a management 
13agreement under this Section. This Section contains full and 
14complete authority for the Department to approve any contracts 
15entered into by a private manager with a vendor providing 
16goods, services, or both goods and services to the private 
17manager under the terms of the management agreement, including 
18subcontractors of such vendors.
19 Upon receipt of a written request from the Chief 
20Procurement Officer, the Department shall provide to the Chief 
21Procurement Officer a complete and un-redacted copy of the 
22management agreement or any contract that is subject to the 
23Department's approval authority under this subsection (o). The 
24Department shall provide a copy of the agreement or contract to 
25the Chief Procurement Officer in the time specified by the 
26Chief Procurement Officer in his or her written request, but no 
 
 
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1later than 5 business days after the request is received by the 
2Department. The Chief Procurement Officer must retain any 
3portions of the management agreement or of any contract 
4designated by the Department as confidential, proprietary, or 
5trade secret information in complete confidence pursuant to 
6subsection (g) of Section 7 of the Freedom of Information Act. 
7The Department shall also provide the Chief Procurement Officer 
8with reasonable advance written notice of any contract that is 
9pending Department approval. 
10 Notwithstanding any other provision of this Section to the 
11contrary, the Chief Procurement Officer shall adopt 
12administrative rules, including emergency rules, to establish 
13a procurement process to select a successor private manager if 
14a private management agreement has been terminated. The 
15selection process shall at a minimum take into account the 
16criteria set forth in items (1) through (4) of subsection (e) 
17of this Section and may include provisions consistent with 
18subsections (f), (g), (h), and (i) of this Section. The Chief 
19Procurement Officer shall also implement and administer the 
20adopted selection process upon the termination of a private 
21management agreement. The Department, after the Chief 
22Procurement Officer certifies that the procurement process has 
23been followed in accordance with the rules adopted under this 
24subsection (o), shall select a final offeror as the private 
25manager and sign the management agreement with the private 
26manager. 
 
 
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1 Except as provided in Sections 21.2, 21.5, 21.6, 21.7, and 
221.8, the Department shall distribute all proceeds of lottery 
3tickets and shares sold in the following priority and manner:
4  (1) The payment of prizes and retailer bonuses.
5  (2) The payment of costs incurred in the operation and 
6 administration of the Lottery, including the payment of 
7 sums due to the private manager under the management 
8 agreement with the Department.
9  (3) On the last day of each month or as soon thereafter 
10 as possible, the State Comptroller shall direct and the 
11 State Treasurer shall transfer from the State Lottery Fund 
12 to the Common School Fund an amount that is equal to the 
13 proceeds transferred in the corresponding month of fiscal 
14 year 2009, as adjusted for inflation, to the Common School 
15 Fund.
16  (4) On or before the last day of each fiscal year, 
17 deposit any remaining proceeds, subject to payments under 
18 items (1), (2), and (3) into the Capital Projects Fund each 
19 fiscal year. 
20 (p) The Department shall be subject to the following 
21reporting and information request requirements:
22  (1) the Department shall submit written quarterly 
23 reports to the Governor and the General Assembly on the 
24 activities and actions of the private manager selected 
25 under this Section;
26  (2) upon request of the Chief Procurement Officer, the 
 
 
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1 Department shall promptly produce information related to 
2 the procurement activities of the Department and the 
3 private manager requested by the Chief Procurement 
4 Officer; the Chief Procurement Officer must retain 
5 confidential, proprietary, or trade secret information 
6 designated by the Department in complete confidence 
7 pursuant to subsection (g) of Section 7 of the Freedom of 
8 Information Act; and
9  (3) at least 30 days prior to the beginning of the 
10 Department's fiscal year, the Department shall prepare an 
11 annual written report on the activities of the private 
12 manager selected under this Section and deliver that report 
13 to the Governor and General Assembly.
14(Source: P.A. 97-464, eff. 8-19-11; 98-463, eff. 8-16-13.)

15 Section 15. The Department of Revenue Law of the
Civil 
16Administrative Code of Illinois is amended by changing Section 
172505-305 as follows:




18 (20 ILCS 2505/2505-305) (was 20 ILCS 2505/39b15.1)



19 Sec. 2505-305. Investigators. 

20 (a) The Department has the power to
appoint investigators 
21to conduct all investigations,
searches, seizures, arrests, 
22and other duties imposed under the provisions
of any law 
23administered by the Department.
Except as provided in 
24subsection (c), these investigators have
and
may exercise all 
 
 
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1the powers of peace officers solely for the purpose of

2enforcing taxing measures administered by the Department.

3 (b) The Director must authorize to each investigator 
4employed under this
Section and
to any other employee of the 
5Department exercising the powers of a peace
officer a
distinct 
6badge that, on its face, (i) clearly states that the badge is

7authorized
by the
Department and (ii)
contains a unique 
8identifying number.
No other badge shall be authorized by
the 
9Department.

10 (c) The Department may enter into agreements with the 
11Illinois Gaming Board providing that investigators appointed 
12under this Section shall exercise the peace officer powers set 
13forth in paragraph (20.6) of subsection (c) of Section 5 of the 
14Illinois Riverboat Gambling Act.


15(Source: P.A. 96-37, eff. 7-13-09.)


16 Section 20. The State Finance Act is amended by changing 
17Sections 5d and 6z-45 as follows:




18 (30 ILCS 105/5d) (from Ch. 127, par. 141d)



19 Sec. 5d. State Construction Account Fund. 
20 (a) Except as provided in subsection (b) of this Section or 
21by Section 5e of this Act, the State
Construction Account Fund 
22shall be used exclusively
for the construction, reconstruction 
23and maintenance of the State maintained
highway system. Except 
24as provided by Section 5e of this Act, none of
the money 
 
 
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1deposited in the State Construction Account
Fund shall be used 
2to pay the cost of administering the Motor Fuel Tax Law
as now 
3or hereafter amended, nor be appropriated for use by the 
4Department
of Transportation to pay the cost of its operations 
5or administration, nor
be used in any manner for the payment of 
6regular or contractual employees
of the State, nor be 
7transferred or allocated by the Comptroller and Treasurer
or be 
8otherwise used, except for the sole purpose of construction,

9reconstruction and maintenance of the State maintained highway 
10system as
the Illinois General Assembly shall provide by 
11appropriation from this fund.
Beginning with the month 
12immediately following the effective date of this
amendatory Act 
13of 1985, investment income which is attributable to the

14investment of moneys of the State Construction Account Fund 
15shall be
retained in that fund for the uses specified in this 
16Section.

17 (b) None of the money deposited into the State Construction 
18Account Fund pursuant to subsection (c-40) of Section 13 of the 
19Illinois Gambling Act shall be used for the construction, 
20reconstruction, or maintenance of highways located within the 
21City of Chicago. 
22(Source: P.A. 84-431.)





23 (30 ILCS 105/6z-45)



24 Sec. 6z-45. The School Infrastructure Fund. 

25 (a) The School Infrastructure Fund is created as a special 
 
 
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1fund
in the State Treasury.

2 In addition to any other deposits authorized by law, 
3beginning January
1, 2000, on the first day of each month, or 
4as soon thereafter as may be
practical, the State Treasurer and 
5State Comptroller shall transfer the sum of
$5,000,000 from the 
6General Revenue Fund to the School Infrastructure Fund, except 
7that, notwithstanding any other provision of law, and in 
8addition to any other transfers that may be provided for by 
9law, before June 30, 2012, the Comptroller and the Treasurer 
10shall transfer $45,000,000 from the General Revenue Fund into 
11the School Infrastructure Fund, and, for fiscal year 2013 only, 
12the Treasurer and the Comptroller shall transfer $1,250,000 
13from the General Revenue Fund to the School Infrastructure Fund 
14on the first day of each month;
provided, however, that no such 
15transfers shall be made from July 1, 2001
through June 30, 
162003.

17 (b) Subject to the transfer provisions set forth below, 
18money in the
School Infrastructure Fund shall, if and when the 
19State of Illinois incurs
any bonded indebtedness for the 
20construction of school improvements under
the School 
21Construction Law, be set aside and used for the purpose of

22paying and discharging annually the principal and interest on 
23that bonded
indebtedness then due and payable, and for no other 
24purpose.

25 In addition to other transfers to the General Obligation 
26Bond Retirement and
Interest Fund made pursuant to Section 15 
 
 
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1of the General Obligation Bond Act,
upon each delivery of bonds 
2issued for construction of school improvements
under the School 
3Construction Law, the State Comptroller shall
compute and 
4certify to the State Treasurer the total amount of principal 
5of,
interest on, and premium, if any, on such bonds during the 
6then current and
each succeeding fiscal year.
With respect to 
7the interest payable on variable rate bonds, such

8certifications shall be calculated at the maximum rate of 
9interest that
may be payable during the fiscal year, after 
10taking into account any credits
permitted in the related 
11indenture or other instrument against the amount of
such 
12interest required to be appropriated for that period.

13 On or before the last day of each month, the State 
14Treasurer and State
Comptroller shall transfer from the School 
15Infrastructure Fund to the General
Obligation Bond Retirement 
16and Interest Fund an amount sufficient to pay the
aggregate of 
17the principal of, interest on, and premium, if any, on the 
18bonds
payable on their next payment date, divided by the number 
19of monthly transfers
occurring between the last previous 
20payment date (or the delivery date if no
payment date has yet 
21occurred) and the next succeeding payment date.
Interest 
22payable on variable rate bonds shall be calculated at the 
23maximum
rate of interest that may be payable for the relevant 
24period, after taking into
account any credits permitted in the 
25related indenture or other instrument
against the amount of 
26such interest required to be appropriated for that
period.

 
 
09800SB1739ham003- 24 -LRB098 10559 AMC 56939 a


1Interest for which moneys have already been deposited into the 
2capitalized
interest account within the General Obligation 
3Bond Retirement and Interest
Fund shall not be included in the 
4calculation of the amounts to be transferred
under this 
5subsection.

6 (b-5) The money deposited into the School Infrastructure 
7Fund from transfers pursuant to subsections (c-30) and (c-35) 
8of Section 13 of the Illinois Riverboat Gambling Act shall be 
9applied, without further direction, as provided in subsection 
10(b-3) of Section 5-35 of the School Construction Law. 
11 (c) The surplus, if any, in the School Infrastructure Fund 
12after payments made pursuant to subsections (b) and (b-5) of 
13this Section shall, subject to appropriation, be used as 
14follows:

15 First - to make 3 payments to the School Technology 
16Revolving Loan Fund as
follows:


17  Transfer of $30,000,000 in fiscal year 1999;


18  Transfer of $20,000,000 in fiscal year 2000; and 


19  Transfer of $10,000,000 in fiscal year 2001.

20 Second - to pay the expenses of the State Board of 
21Education and the Capital
Development Board in administering 
22programs under the School Construction
Law, the total expenses 
23not to exceed $1,200,000 in any
fiscal year.

24 Third - to pay any amounts due for grants for school 
25construction projects
and debt service under the School 
26Construction Law.

 
 
09800SB1739ham003- 25 -LRB098 10559 AMC 56939 a


1 Fourth - to pay any amounts due for grants for school 
2maintenance projects
under the School Construction Law.

3(Source: P.A. 97-732, eff. 6-30-12; 98-18, eff. 6-7-13.)


4 Section 22. The General Obligation Bond Act is amended by 
5changing Sections 2 and 3 as follows:

6 (30 ILCS 330/2) (from Ch. 127, par. 652)
7 Sec. 2. Authorization for Bonds. The State of Illinois is 
8authorized to
issue, sell and provide for the retirement of 
9General Obligation Bonds of
the State of Illinois for the 
10categories and specific purposes expressed in
Sections 2 
11through 8 of this Act, in the total amount of $50,217,925,743 
12$49,317,925,743.
13 The bonds authorized in this Section 2 and in Section 16 of 
14this Act are
herein called "Bonds".
15 Of the total amount of Bonds authorized in this Act, up to 
16$2,200,000,000
in aggregate original principal amount may be 
17issued and sold in accordance
with the Baccalaureate Savings 
18Act in the form of General Obligation
College Savings Bonds.
19 Of the total amount of Bonds authorized in this Act, up to 
20$300,000,000 in
aggregate original principal amount may be 
21issued and sold in accordance
with the Retirement Savings Act 
22in the form of General Obligation
Retirement Savings Bonds.
23 Of the total amount of Bonds authorized in this Act, the 
24additional
$10,000,000,000 authorized by Public Act 93-2, the 
 
 
09800SB1739ham003- 26 -LRB098 10559 AMC 56939 a


1$3,466,000,000 authorized by Public Act 96-43, and the 
2$4,096,348,300 authorized by Public Act 96-1497 shall be used 
3solely as provided in Section 7.2.
4 The issuance and sale of Bonds pursuant to the General 
5Obligation Bond
Act is an economical and efficient method of 
6financing the long-term capital needs of
the State. This Act 
7will permit the issuance of a multi-purpose General
Obligation 
8Bond with uniform terms and features. This will not only lower

9the cost of registration but also reduce the overall cost of 
10issuing debt
by improving the marketability of Illinois General 
11Obligation Bonds.
12(Source: P.A. 97-333, eff. 8-12-11; 97-771, eff. 7-10-12; 
1397-813, eff. 7-13-12; 98-94, eff. 7-17-13; 98-463, eff. 
148-16-13.)




15 (30 ILCS 330/3) (from Ch. 127, par. 653)



16 Sec. 3. Capital Facilities. The amount of $10,653,963,443 
17$9,753,963,443 is authorized
to be used for the acquisition, 
18development, construction, reconstruction,
improvement, 
19financing, architectural planning and installation of capital

20facilities within the State, consisting of buildings, 
21structures, durable
equipment, land, interests in land, and the 
22costs associated with the purchase and implementation of 
23information technology, including but not limited to the 
24purchase of hardware and software, for the following specific 
25purposes:


 
 
09800SB1739ham003- 27 -LRB098 10559 AMC 56939 a


1  (a) $3,393,228,000 for educational purposes by
State 
2 universities and
colleges, the Illinois Community College 
3 Board created by the Public
Community College Act and for 
4 grants to public community colleges as
authorized by 
5 Sections 5-11 and 5-12 of the Public Community College Act;


6  (b) $1,648,420,000 for correctional purposes at
State

7 prison and correctional centers;


8  (c) $599,183,000 for open spaces, recreational and

9 conservation purposes and the protection of land;


10  (d) $751,317,000 for child care facilities, mental
and 
11 public health facilities, and facilities for the care of 
12 disabled
veterans and their spouses;


13  (e) $2,152,790,000 for use by the State, its

14 departments, authorities, public corporations, commissions 
15 and agencies;


16  (f) $818,100 for cargo handling facilities at port 
17 districts and for
breakwaters, including harbor entrances, 
18 at port districts in conjunction
with facilities for small 
19 boats and pleasure crafts;


20  (g) $297,177,074 for water resource management

21 projects;


22  (h) $16,940,269 for the provision of facilities for 
23 food production
research and related instructional and 
24 public service activities at the
State universities and 
25 public community colleges;


26  (i) $36,000,000 for grants by the Secretary of State, 
 
 
09800SB1739ham003- 28 -LRB098 10559 AMC 56939 a


1 as
State
Librarian, for central library facilities 
2 authorized by Section 8
of the Illinois Library System Act 
3 and for grants by the Capital
Development Board to units of 
4 local government for public library
facilities;


5  (j) $25,000,000 for the acquisition, development, 
6 construction,
reconstruction, improvement, financing, 
7 architectural planning and
installation of capital 
8 facilities consisting of buildings, structures,
durable 
9 equipment and land for grants to counties, municipalities 
10 or public
building commissions with correctional 
11 facilities that do not comply with
the minimum standards of 
12 the Department of Corrections under Section 3-15-2
of the 
13 Unified Code of Corrections;


14  (k) $5,000,000 for grants in fiscal year 1988 by the 
15 Department of
Conservation for improvement or expansion of 
16 aquarium facilities located on
property owned by a park 
17 district;


18  (l) $599,590,000 to State agencies for grants to
local 
19 governments for
the acquisition, financing, architectural 
20 planning, development, alteration,
installation, and 
21 construction of capital facilities consisting of 
22 buildings,
structures, durable equipment, and land; and


23  (m) $228,500,000 for the Illinois Open Land Trust

24 Program
as defined by the
Illinois Open Land Trust Act.

25  (n) $900,000,000 for the acquisition, development, 
26 construction, reconstruction, improvement, financing, 
 
 
09800SB1739ham003- 29 -LRB098 10559 AMC 56939 a


1 architectural planning, and installation of capital 
2 facilities consisting of buildings, structures, durable 
3 equipment, and land for gambling operations authorized 
4 under Section 7.3a of the Illinois Gambling Act. 
5 The amounts authorized above for capital facilities may be 
6used
for the acquisition, installation, alteration, 
7construction, or
reconstruction of capital facilities and for 
8the purchase of equipment
for the purpose of major capital 
9improvements which will reduce energy
consumption in State 
10buildings or facilities.

11(Source: P.A. 98-94, eff. 7-17-13.)


12 Section 25. The Joliet Regional Port District Act is 
13amended by changing Section 5.1 as follows:




14 (70 ILCS 1825/5.1) (from Ch. 19, par. 255.1)



15 Sec. 5.1. Riverboat and casino gambling. Notwithstanding 
16any other provision of
this Act, the District may not regulate 
17the operation, conduct, or
navigation of any riverboat gambling 
18casino licensed under the Illinois Riverboat
Gambling Act, and 
19the District
may not license, tax, or otherwise levy any 
20assessment of any kind on
any riverboat gambling casino 
21licensed under the Illinois Riverboat Gambling Act. The
General 
22Assembly declares that the powers to regulate the operation,

23conduct, and navigation of riverboat gambling casinos and to 
24license, tax,
and levy assessments upon riverboat gambling 
 
 
09800SB1739ham003- 30 -LRB098 10559 AMC 56939 a


1casinos are exclusive powers of
the State of Illinois and the 
2Illinois Gaming Board as provided in the
Illinois Riverboat 
3Gambling Act.

4(Source: P.A. 87-1175.)


5 Section 30. The Consumer Installment Loan Act is amended by 
6changing Section 12.5 as follows:




7 (205 ILCS 670/12.5)



8 Sec. 12.5. Limited purpose branch. 

9 (a) Upon the written approval of the Director, a licensee 
10may maintain a
limited purpose branch for the sole purpose of 
11making loans as permitted by
this Act. A limited purpose branch 
12may include an automatic loan machine. No
other activity shall 
13be conducted at the site, including but not limited to,

14accepting payments, servicing the accounts, or collections.

15 (b) The licensee must submit an application for a limited 
16purpose branch to
the Director on forms prescribed by the 
17Director with an application fee of
$300. The approval for the 
18limited purpose branch must be renewed concurrently
with the 
19renewal of the licensee's license along with a renewal fee of 
20$300 for
the limited purpose branch.

21 (c) The books, accounts, records, and files of the limited 
22purpose branch's
transactions shall be maintained at the 
23licensee's licensed location. The
licensee shall notify the 
24Director of the licensed location at which the books,
accounts, 
 
 
09800SB1739ham003- 31 -LRB098 10559 AMC 56939 a


1records, and files shall be maintained.

2 (d) The licensee shall prominently display at the limited 
3purpose branch the
address and telephone number of the 
4licensee's licensed location.

5 (e) No other business shall be conducted at the site of the 
6limited purpose
branch unless authorized by the Director.

7 (f) The Director shall make and enforce reasonable rules 
8for the conduct of
a limited purpose branch.

9 (g) A limited purpose branch may not be located
within 
101,000 feet of a facility operated by an inter-track wagering 
11licensee or
an organization licensee subject to the Illinois 
12Horse Racing Act of 1975,
on a riverboat or in a casino subject 
13to
the Illinois Riverboat Gambling Act, or within 1,000 feet of 
14the location at which the
riverboat docks or within 1,000 feet 
15of a casino.

16(Source: P.A. 90-437, eff. 1-1-98.)


17 Section 35. The Illinois Horse Racing Act of 1975 is 
18amended by changing Sections 54 and 54.75 as follows:




19 (230 ILCS 5/54)



20 Sec. 54. Horse Racing Equity Fund. 

21 (a) There is created in the State Treasury a Fund to be 
22known as the Horse
Racing
Equity Fund. The Fund shall consist 
23of moneys paid into it pursuant to
subsection (c-5) of Section 
2413 of the Illinois Riverboat Gambling Act. The Fund shall
be 
 
 
09800SB1739ham003- 32 -LRB098 10559 AMC 56939 a


1administered
by the Racing Board.

2 (b) The moneys deposited into the Fund shall be distributed 
3by the Racing Board
within 10 days after those moneys are 
4deposited into the Fund as follows:


5  (1) Fifty percent of all moneys distributed under this 
6 subsection shall be
distributed to organization licensees 
7 to be distributed at their race
meetings as purses. 
8 Fifty-seven percent of the amount distributed under this

9 paragraph (1) shall be distributed for thoroughbred race 
10 meetings and
43% shall be distributed for standardbred race 
11 meetings. Within each
breed, moneys shall be allocated to 
12 each organization licensee's purse
fund in accordance with 
13 the ratio between the purses generated for that
breed by 
14 that licensee during the prior calendar year and the total 
15 purses
generated throughout the State for that breed during 
16 the prior calendar
year.


17  (2) The remaining 50% of the moneys distributed under 
18 this
subsection (b) shall be distributed pro rata
according 
19 to the aggregate
proportion of state-wide handle at the 
20 racetrack, inter-track, and inter-track
wagering locations 
21 that derive their licenses from a racetrack identified in

22 this paragraph (2) for calendar years 1994, 1996, and 1997

23 to (i) any person (or its
successors or assigns) who had

24 operating control of a racing facility at which live racing 
25 was conducted in
calendar year 1997 and who has operating 
26 control of an organization licensee
that conducted racing 
 
 
09800SB1739ham003- 33 -LRB098 10559 AMC 56939 a


1 in calendar year 1997 and is a licensee in the current

2 year, or (ii) any person
(or its successors or assigns)
who 
3 has operating control of a racing facility located in a

4 county that is bounded by the Mississippi River that has a 
5 population of less
than 150,000 according to the 1990 
6 decennial census and conducted an average of
60 days of 
7 racing per year between 1985 and 1993 and has been awarded 
8 an
inter-track wagering license in the current year.


9  If any person identified in this paragraph (2) becomes

10 ineligible to receive moneys from the Fund, such amount 
11 shall be redistributed
among the remaining persons in 
12 proportion to their percentages otherwise
calculated.

13(Source: P.A. 98-18, eff. 6-7-13.)


14 (230 ILCS 5/54.75)

15 Sec. 54.75. Horse Racing Equity Trust Fund.
16 (a) There is created a Fund to be known as the Horse
Racing

17Equity Trust Fund, which is a non-appropriated trust fund held 
18separate and apart from State moneys. The Fund shall consist of 
19moneys paid into it by owners licensees under
the Illinois 
20Riverboat Gambling Act for the purposes described in this 
21Section. The Fund shall
be administered
by the Board. Moneys in 
22the Fund shall be distributed as directed and certified by the 
23Board in accordance with the provisions of subsection (b).
24 (b) The moneys deposited into the Fund, plus any accrued 
25interest on those moneys, shall be distributed
within 10 days 
 
 
09800SB1739ham003- 34 -LRB098 10559 AMC 56939 a


1after those moneys are deposited into the Fund as follows: 
2  (1) Sixty percent of all moneys distributed under this 
3 subsection shall be
distributed to organization licensees 
4 to be distributed at their race
meetings as purses. 
5 Fifty-seven percent of the amount distributed under this

6 paragraph (1) shall be distributed for thoroughbred race 
7 meetings and
43% shall be distributed for standardbred race 
8 meetings. Within each
breed, moneys shall be allocated to 
9 each organization licensee's purse
fund in accordance with 
10 the ratio between the purses generated for that
breed by 
11 that licensee during the prior calendar year and the total 
12 purses
generated throughout the State for that breed during 
13 the prior calendar
year by licensees in the current 
14 calendar year. 
15  (2) The remaining 40% of the moneys distributed under 
16 this
subsection (b) shall be distributed as follows: 
17   (A) 11% shall be distributed to any person (or its 
18 successors or assigns) who had operating control of a 
19 racetrack that conducted live racing in 2002 at a 
20 racetrack in a
county with at least 230,000 inhabitants 
21 that borders the Mississippi River and is a licensee in 
22 the current year; and 
23   (B) the remaining 89% shall be distributed pro rata

24 according to the aggregate
proportion of total handle 
25 from wagering on live races conducted in Illinois 
26 (irrespective of where the wagers are placed) for 
 
 
09800SB1739ham003- 35 -LRB098 10559 AMC 56939 a


1 calendar years 2004 and 2005
to any person (or its

2 successors or assigns) who (i) had
majority operating 
3 control of a racing facility at which live racing was 
4 conducted in
calendar year 2002, (ii) is a licensee in 
5 the current
year, and (iii) is not eligible to receive 
6 moneys under subparagraph (A) of this paragraph (2). 
7   The moneys received by an organization licensee 
8 under this paragraph (2) shall be used by each 
9 organization licensee to improve, maintain, market, 
10 and otherwise operate its racing facilities to conduct 
11 live racing, which shall include backstretch services 
12 and capital improvements related to live racing and the 
13 backstretch. Any organization licensees sharing common 
14 ownership may pool the moneys received and spent at all 
15 racing facilities commonly owned in order to meet these 
16 requirements. 
17  If any person identified in this paragraph (2) becomes

18 ineligible to receive moneys from the Fund, such amount 
19 shall be redistributed
among the remaining persons in 
20 proportion to their percentages otherwise
calculated. 
21 (c) The Board shall monitor organization licensees to 
22ensure that moneys paid to organization licensees under this 
23Section are distributed by the organization licensees as 
24provided in subsection (b). 

25(Source: P.A. 95-1008, eff. 12-15-08.)

 
 
09800SB1739ham003- 36 -LRB098 10559 AMC 56939 a


1 Section 40. The Riverboat Gambling Act is amended by 
2changing Sections 1, 2, 3, 4, 5, 5.1, 6, 7, 7.3, 7.4, 8, 9, 11, 
311.1, 12, 13, 14, 15, 18, 18.1, 19, 20, and 24 and by adding 
4Sections 7.3a and 18.2 as follows:




5 (230 ILCS 10/1) (from Ch. 120, par. 2401)



6 Sec. 1. Short title. This Act shall be known and may be 
7cited as the
Illinois Riverboat Gambling Act.

8(Source: P.A. 86-1029.)





9 (230 ILCS 10/2) (from Ch. 120, par. 2402)



10 Sec. 2. Legislative Intent. 

11 (a) This Act is intended to benefit the
people of the State 
12of Illinois
by assisting economic development, and promoting 
13Illinois tourism,
and by increasing the amount of revenues 
14available to the State to assist and
support education, and to 
15defray State expenses.

16 (b) While authorization of riverboat and casino gambling 
17will enhance investment,
beautification, development and 
18tourism in Illinois, it is recognized that it will do so

19successfully only if public confidence and trust in the 
20credibility and
integrity of the gambling operations and the 
21regulatory process is
maintained. Therefore, regulatory 
22provisions of this Act are designed to
strictly regulate the 
23facilities, persons, associations and practices
related to 
24gambling operations pursuant to the police powers of the State,

 
 
09800SB1739ham003- 37 -LRB098 10559 AMC 56939 a


1including comprehensive law enforcement supervision.

2 (c) The Illinois Gaming Board established under this Act 
3should, as soon
as possible, inform each applicant for an 
4owners license of the Board's
intent to grant or deny a 
5license.

6(Source: P.A. 93-28, eff. 6-20-03.)





7 (230 ILCS 10/3) (from Ch. 120, par. 2403)



8 Sec. 3. Riverboat Gambling Authorized. 

9 (a) Riverboat and casino gambling
operations and the system 
10of wagering
incorporated therein, as defined in this Act, are 
11hereby authorized to the
extent that they are carried out in 
12accordance with the provisions of this
Act.

13 (b) This Act does not apply to the pari-mutuel system of 
14wagering used
or intended to be used in connection with the 
15horse-race meetings as
authorized under the Illinois Horse 
16Racing Act of 1975, lottery games
authorized under the Illinois 
17Lottery Law, bingo authorized under the Bingo
License and Tax 
18Act, charitable games authorized under the Charitable Games
Act 
19or pull tabs and jar games conducted under the Illinois Pull 
20Tabs and Jar
Games Act. 

21 (c) Riverboat gambling conducted pursuant to this Act may 
22be authorized
upon any water within the State of Illinois or 
23any
water other than Lake Michigan which constitutes a boundary 
24of the State
of Illinois.
Notwithstanding any provision in this 
25subsection (c) to the contrary, a
manager conducting gambling 
 
 
09800SB1739ham003- 38 -LRB098 10559 AMC 56939 a


1operations on behalf of the State
may
conduct riverboat 
2gambling on Lake Michigan from a home dock located on Lake

3Michigan. A licensee may conduct riverboat gambling authorized 
4under this Act
regardless of whether it conducts excursion 
5cruises. A licensee may permit
the continuous ingress and 
6egress of passengers for the purpose of
gambling.

7(Source: P.A. 91-40, eff. 6-25-99.)





8 (230 ILCS 10/4) (from Ch. 120, par. 2404)



9 Sec. 4. Definitions. As used in this Act:

10 (a) "Board" means the Illinois Gaming Board.

11 (b) "Occupational license" means a license issued by the 
12Board to a
person or entity to perform an occupation which the 
13Board has identified as
requiring a license to engage in 
14riverboat gambling or casino gambling in Illinois.

15 (c) "Gambling game" includes, but is not limited to, 
16baccarat,
twenty-one, poker, craps, slot machine, video game of 
17chance, roulette
wheel, klondike table, punchboard, faro 
18layout, keno layout, numbers
ticket, push card, jar ticket, or 
19pull tab which is authorized by the Board
as a wagering device 
20under this Act.

21 (d) "Riverboat" means a self-propelled excursion boat, a

22permanently moored barge, or permanently moored barges that are 
23permanently
fixed together to operate as one vessel, on which 
24lawful gambling is
authorized and licensed as
provided in this 
25Act.

 
 
09800SB1739ham003- 39 -LRB098 10559 AMC 56939 a


1 (e) "Managers license" means a license issued by the Board 
2to a person or
entity
to manage gambling operations conducted 
3by the State pursuant to Section 7.3 or Section 7.3a.

4 (f) "Dock" means the location where a riverboat moors for 
5the purpose of
embarking passengers for and disembarking 
6passengers from the riverboat.

7 (g) "Gross receipts" means the total amount of money 
8exchanged for the
purchase of chips, tokens, or electronic 
9cards by riverboat patrons.

10 (h) "Adjusted gross receipts" means the gross receipts less

11winnings paid to wagerers.

12 (i) "Cheat" means to alter the selection of criteria which 
13determine the
result of a gambling game or the amount or 
14frequency of payment in a gambling
game.

15 (j) (Blank).

16 (k) "Gambling operation" means the conduct of authorized 
17gambling games authorized under this Act
upon a riverboat or in 
18a casino.

19 (l) "License bid" means the lump sum amount of money that 
20an applicant
bids and agrees to pay the State in return for an 
21owners license that is re-issued on or after July 1, 2003.

22 (m) The terms "minority person", "female", and "person with 
23a disability" shall have the same meaning
as
defined in
Section 
242 of the Business Enterprise for Minorities, Females, and 
25Persons with
Disabilities Act.

26 "Casino" means a facility at which lawful gambling is 
 
 
09800SB1739ham003- 40 -LRB098 10559 AMC 56939 a


1authorized as provided in this Act. 
2 "Owners license" means a license to conduct riverboat or 
3casino gambling operations and the authorization to conduct 
4gambling operations under Section 7.3a of this Act.
5 "Licensed owner" means a person or entity who holds an 
6owners license.
7(Source: P.A. 95-331, eff. 8-21-07; 96-1392, eff. 1-1-11.)




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 
11Board, which shall have the powers and duties specified in
this 
12Act, and all other powers necessary and proper to fully and

13effectively execute this Act for the purpose of administering, 
14regulating,
and enforcing the system of riverboat and casino 
15gambling established by this Act. Its
jurisdiction shall extend 
16under this Act to every person, association,
corporation, 
17partnership and trust involved in riverboat and casino gambling

18operations in the State of Illinois.

19 (2) The Board shall consist of 5 members to be appointed by 
20the Governor
with the advice and consent of the Senate, one of 
21whom shall be designated
by the Governor to be chairperson 
22chairman. Each member shall have a reasonable
knowledge of the 
23practice, procedure and principles of gambling operations.

24Each member shall either be a resident of Illinois or shall 
25certify that he
or she will become a resident of Illinois 
 
 
09800SB1739ham003- 41 -LRB098 10559 AMC 56939 a


1before taking office.
2  On and after the effective date of this amendatory Act of 
3the 98th General Assembly, new appointees to the Board must 
4include the following:
5  (A) One member who has received, at a minimum, a 
6 bachelor's degree from an accredited school and at least 10 
7 years of verifiable training and experience in the fields 
8 of investigation and law enforcement.
9  (B) One member who is a certified public accountant 
10 with experience in auditing and with knowledge of complex 
11 corporate structures and transactions.
12  (C) One member who has 5 years' experience as a 
13 principal, senior officer, or director of a company or 
14 business with either material responsibility for the daily 
15 operations and management of the overall company or 
16 business or material responsibility for the policy making 
17 of the company or business.
18  (D) One member who is a lawyer licensed to practice law 
19 in Illinois.
20 Notwithstanding any provision of this subsection (a), the 
21requirements of subparagraphs (A) through (D) of this paragraph 
22(2) shall not apply to any person reappointed pursuant to 
23paragraph (3). 
24 No more than 3 members of the Board may be from the same 
25political party. The Board should reflect the ethnic, cultural, 
26and geographic diversity of the State. No Board member shall, 
 
 
09800SB1739ham003- 42 -LRB098 10559 AMC 56939 a


1within a period of one year immediately preceding nomination, 
2have been employed or received compensation or fees for 
3services from a person or entity, or its parent or affiliate, 
4that has engaged in business with the Board, a licensee, or a 
5licensee under the Illinois Horse Racing Act of 1975. Board 
6members must publicly disclose all prior affiliations with 
7gaming interests, including any compensation, fees, bonuses, 
8salaries, and other reimbursement received from a person or 
9entity, or its parent or affiliate, that has engaged in 
10business with the Board, a licensee, or a licensee under the 
11Illinois Horse Racing Act of 1975. This disclosure must be made 
12within 30 days after nomination but prior to confirmation by 
13the Senate and must be made available to the members of the 
14Senate. At least one member
shall be experienced in law 
15enforcement and criminal investigation, at
least one member 
16shall be a certified public accountant experienced in

17accounting and auditing, and at least one member shall be a 
18lawyer licensed
to practice law in Illinois.

19 (3) The terms of office of the Board members shall be 3 
20years, except
that the terms of office of the initial Board 
21members appointed pursuant to
this Act will commence from the 
22effective date of this Act and run as
follows: one for a term 
23ending July 1, 1991, 2 for a term ending July 1,
1992, and 2 for 
24a term ending July 1, 1993. Upon the expiration of the

25foregoing terms, the successors of such members shall serve a 
26term for 3
years and until their successors are appointed and 
 
 
09800SB1739ham003- 43 -LRB098 10559 AMC 56939 a


1qualified for like terms.
Vacancies in the Board shall be 
2filled for the unexpired term in like
manner as original 
3appointments. Each member of the Board shall be
eligible for 
4reappointment at the discretion of the Governor with the
advice 
5and consent of the Senate.

6 (4) Each member of the Board shall receive $300 for each 
7day the
Board meets and for each day the member conducts any 
8hearing pursuant to
this Act. Each member of the Board shall 
9also be reimbursed for all actual
and necessary expenses and 
10disbursements incurred in the execution of official
duties.

11 (5) No person shall be appointed a member of the Board or 
12continue to be
a member of the Board who is, or whose spouse, 
13child or parent is, a member
of the board of directors of, or a 
14person financially interested in, any
gambling operation 
15subject to the jurisdiction of this Board, or any race
track, 
16race meeting, racing association or the operations thereof 
17subject
to the jurisdiction of the Illinois Racing Board. No 
18Board member shall
hold any other public office. No person 
19shall be a
member of the Board who is not of good moral 
20character or who has been
convicted of, or is under indictment 
21for, a felony under the laws of
Illinois or any other state, or 
22the United States.

23 (5.5) No member of the Board shall engage in any political 
24activity. For the purposes of this Section, "political" means 
25any activity in support
of or in connection with any campaign 
26for federal, State, or local elective office or any political

 
 
09800SB1739ham003- 44 -LRB098 10559 AMC 56939 a


1organization, but does not include activities (i) relating to 
2the support or
opposition of any executive, legislative, or 
3administrative action (as those
terms are defined in Section 2 
4of the Lobbyist Registration Act), (ii) relating
to collective 
5bargaining, or (iii) that are
otherwise
in furtherance of the 
6person's official
State duties or governmental and public 
7service functions.

8 (6) Any member of the Board may be removed by the Governor 
9for neglect
of duty, misfeasance, malfeasance, or nonfeasance 
10in office or for engaging in any political activity.

11 (7) Before entering upon the discharge of the duties of his 
12office, each
member of the Board shall take an oath that he 
13will faithfully execute the
duties of his office according to 
14the laws of the State and the rules and
regulations adopted 
15therewith and shall give bond to the State of Illinois,

16approved by the Governor, in the sum of $25,000. Every such 
17bond, when
duly executed and approved, shall be recorded in the 
18office of the
Secretary of State. Whenever the Governor 
19determines that the bond of any
member of the Board has become 
20or is likely to become invalid or
insufficient, he shall 
21require such member forthwith to renew his bond,
which is to be 
22approved by the Governor. Any member of the Board who fails
to 
23take oath and give bond within 30 days from the date of his 
24appointment,
or who fails to renew his bond within 30 days 
25after it is demanded by the
Governor, shall be guilty of 
26neglect of duty and may be removed by the
Governor. The cost of 
 
 
09800SB1739ham003- 45 -LRB098 10559 AMC 56939 a


1any bond given by any member of the Board under this
Section 
2shall be taken to be a part of the necessary expenses of the 
3Board.

4 (7.5) For the examination of all mechanical, 
5electromechanical, or electronic table games, slot machines, 
6slot accounting systems, and other electronic gaming equipment 
7for compliance with this Act, the Board may utilize the 
8services of one or more independent outside testing 
9laboratories that have been accredited by a national 
10accreditation body and that, in the judgment of the Board, are 
11qualified to perform such examinations. 
12 (8) The Board shall employ such
personnel as may be 
13necessary to carry out its functions and shall determine the 
14salaries of all personnel, except those personnel whose 
15salaries are determined under the terms of a collective 
16bargaining agreement. No
person shall be employed to serve the 
17Board who is, or whose spouse, parent
or child is, an official 
18of, or has a financial interest in or financial
relation with, 
19any operator engaged in gambling operations within this
State 
20or any organization engaged in conducting horse racing within 
21this
State. Any employee violating these prohibitions shall be 
22subject to
termination of employment.

23 (9) An Administrator shall perform any and all duties that 
24the Board
shall assign him. The salary of the Administrator 
25shall be determined by
the Board and, in addition,
he shall be 
26reimbursed for all actual and necessary expenses incurred by

 
 
09800SB1739ham003- 46 -LRB098 10559 AMC 56939 a


1him in discharge of his official duties. The Administrator 
2shall keep
records of all proceedings of the Board and shall 
3preserve all records,
books, documents and other papers 
4belonging to the Board or entrusted to
its care. The 
5Administrator shall devote his full time to the duties of
the 
6office and shall not hold any other office or employment.

7 (b) The Board shall have general responsibility for the 
8implementation
of this Act. Its duties include, without 
9limitation, the following:


10  (1) To decide promptly and in reasonable order all 
11 license applications.
Any party aggrieved by an action of 
12 the Board denying, suspending,
revoking, restricting or 
13 refusing to renew a license may request a hearing
before 
14 the Board. A request for a hearing must be made to the 
15 Board in
writing within 5 days after service of notice of 
16 the action of the Board.
Notice of the action of the Board 
17 shall be served either by personal
delivery or by certified 
18 mail, postage prepaid, to the aggrieved party.
Notice 
19 served by certified mail shall be deemed complete on the 
20 business
day following the date of such mailing. The Board 
21 shall conduct all
requested hearings promptly and in 
22 reasonable order;


23  (2) To conduct all hearings pertaining to civil 
24 violations of this Act
or rules and regulations promulgated 
25 hereunder;


26  (3) To promulgate such rules and regulations as in its 
 
 
09800SB1739ham003- 47 -LRB098 10559 AMC 56939 a


1 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 of 
6 all license and
registration fees and taxes imposed by this 
7 Act and the rules and
regulations issued pursuant hereto. 
8 All such fees and taxes shall be
deposited into the State 
9 Gaming Fund;


10  (5) To provide for the levy and collection of penalties 
11 and fines for the
violation of provisions of this Act and 
12 the rules and regulations
promulgated hereunder. All such 
13 fines and penalties shall be deposited
into the Education 
14 Assistance Fund, created by Public Act 86-0018, of the

15 State of Illinois;


16  (6) To be present through its inspectors and agents any 
17 time gambling
operations are conducted on any riverboat or 
18 in any casino 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 as 
22 from time to time the Board may deem
necessary and proper;


23  (7) To review and rule upon any complaint by a licensee

24 regarding any investigative procedures of the State which 
25 are unnecessarily
disruptive of gambling operations. The 
26 need to inspect and investigate
shall be presumed at all 
 
 
09800SB1739ham003- 48 -LRB098 10559 AMC 56939 a


1 times. The disruption of a licensee's operations
shall be 
2 proved by clear and convincing evidence, and establish 
3 that: (A)
the procedures had no reasonable law enforcement 
4 purposes, and (B) the
procedures were so disruptive as to 
5 unreasonably inhibit gambling operations;


6  (8) To hold at least one meeting each quarter of the 
7 fiscal
year. In addition, special meetings may be called by 
8 the Chairman or any 2
Board members upon 72 hours written 
9 notice to each member. All Board
meetings shall be subject 
10 to the Open Meetings Act. Three members of the
Board shall 
11 constitute a quorum, and 3 votes shall be required for any

12 final determination by the Board. The Board shall keep a 
13 complete and
accurate record of all its meetings. A 
14 majority of the members of the Board
shall constitute a 
15 quorum for the transaction of any business, for the

16 performance of any duty, or for the exercise of any power 
17 which this Act
requires the Board members to transact, 
18 perform or exercise en banc, except
that, upon order of the 
19 Board, one of the Board members or an
administrative law 
20 judge designated by the Board may conduct any hearing

21 provided for under this Act or by Board rule and may 
22 recommend findings and
decisions to the Board. The Board 
23 member or administrative law judge
conducting such hearing 
24 shall have all powers and rights granted to the
Board in 
25 this Act. The record made at the time of the hearing shall 
26 be
reviewed by the Board, or a majority thereof, and the 
 
 
09800SB1739ham003- 49 -LRB098 10559 AMC 56939 a


1 findings and decision
of the majority of the Board shall 
2 constitute the order of the Board in
such case;


3  (9) To maintain records which are separate and distinct 
4 from the records
of any other State board or commission. 
5 Such records shall be available
for public inspection and 
6 shall accurately reflect all Board proceedings;


7  (10) To file a written annual report with the Governor 
8 on or before
March 1 each year and such additional reports 
9 as the Governor may request.
The annual report shall 
10 include a statement of receipts and disbursements
by the 
11 Board, actions taken by the Board, and any additional 
12 information
and recommendations which the Board may deem 
13 valuable or which the Governor
may request;


14  (11) (Blank);


15  (12) (Blank);


16  (13) To assume responsibility for administration and 
17 enforcement of the
Video Gaming Act; and
18  (14) To adopt, by rule, a code of conduct governing 
19 Board members and employees that ensures ensure, to the 
20 maximum extent possible, that persons subject to this Code 
21 avoid situations, relationships, or associations that may 
22 represent or lead to a conflict of interest.

23 (c) The Board shall have jurisdiction over and shall 
24supervise all
gambling operations governed by this Act. The 
25Board shall have all powers
necessary and proper to fully and 
26effectively execute the provisions of
this Act, including, but 
 
 
09800SB1739ham003- 50 -LRB098 10559 AMC 56939 a


1not limited to, the following:


2  (1) To investigate applicants and determine the 
3 eligibility of
applicants for licenses and to select among 
4 competing applicants the
applicants which best serve the 
5 interests of the citizens of Illinois.


6  (2) To have jurisdiction and supervision over all 
7 riverboat gambling
operations authorized under this Act in 
8 this State and all persons in places on riverboats where 
9 gambling
operations are conducted.


10  (3) To promulgate rules and regulations for the purpose 
11 of administering
the provisions of this Act and to 
12 prescribe rules, regulations and
conditions under which 
13 all riverboat gambling operations subject to this Act in 
14 the State shall be
conducted. Such rules and regulations 
15 are to provide for the prevention of
practices detrimental 
16 to the public interest and for the best interests of

17 riverboat gambling, including rules and regulations 
18 regarding the
inspection of casinos and such riverboats, 
19 and the review of any permits or licenses
necessary to 
20 operate a riverboat or casino under any laws or regulations 
21 applicable
to riverboats or casinos, and to impose 
22 penalties for violations thereof.


23  (4) To enter the office, riverboats, casinos, and other 
24 facilities, or other
places of business of a licensee, 
25 where evidence of the compliance or
noncompliance with the 
26 provisions of this Act is likely to be found.


 
 
09800SB1739ham003- 51 -LRB098 10559 AMC 56939 a


1  (5) To investigate alleged violations of this Act or 
2 the
rules of the Board and to take appropriate disciplinary

3 action against a licensee or a holder of an occupational 
4 license for a
violation, or institute appropriate legal 
5 action for enforcement, or both.


6  (6) To adopt standards for the licensing of all persons 
7 and entities under Section 7 of this Act,
as well as for 
8 electronic or mechanical gambling games, and to establish

9 fees for such licenses.


10  (7) To adopt appropriate standards for all riverboats, 
11 casinos,
and other facilities authorized under this Act.


12  (8) To require that the records, including financial or 
13 other statements
of any licensee under this Act, shall be 
14 kept in such manner as prescribed
by the Board and that any 
15 such licensee involved in the ownership or
management of 
16 gambling operations submit to the Board an annual balance

17 sheet and profit and loss statement, list of the 
18 stockholders or other
persons having a 1% or greater 
19 beneficial interest in the gambling
activities of each 
20 licensee, and any other information the Board deems

21 necessary in order to effectively administer this Act and 
22 all rules,
regulations, orders and final decisions 
23 promulgated under this Act.


24  (9) To conduct hearings, issue subpoenas for the 
25 attendance of
witnesses and subpoenas duces tecum for the 
26 production of books, records
and other pertinent documents 
 
 
09800SB1739ham003- 52 -LRB098 10559 AMC 56939 a


1 in accordance with the Illinois
Administrative Procedure 
2 Act, and to administer oaths and affirmations to
the 
3 witnesses, when, in the judgment of the Board, it is 
4 necessary to
administer or enforce this Act or the Board 
5 rules.


6  (10) To prescribe a form to be used by any licensee 
7 involved in the
ownership or management of gambling 
8 operations as an
application for employment for their 
9 employees.


10  (11) To revoke or suspend licenses, as the Board may 
11 see fit and in
compliance with applicable laws of the State 
12 regarding administrative
procedures, and to review 
13 applications for the renewal of licenses. The
Board may 
14 suspend an owners license, without notice or hearing, upon 
15 a
determination that the safety or health of patrons or 
16 employees is
jeopardized by continuing a gambling 
17 operation conducted under that license riverboat's 
18 operation. The suspension may
remain in effect until the 
19 Board determines that the cause for suspension
has been 
20 abated. The Board may revoke an the owners license upon a

21 determination that the licensee owner has not made 
22 satisfactory progress toward
abating the hazard. The 
23 authority to revoke or suspend licenses under this 
24 paragraph (11) does not extend to the authorization to 
25 conduct casino gambling operations under Section 7.3a of 
26 this Act. 


 
 
09800SB1739ham003- 53 -LRB098 10559 AMC 56939 a


1  (12) To eject or exclude or authorize the ejection or 
2 exclusion of, any
person from riverboat gambling 
3 facilities where that such person is in violation
of this 
4 Act, rules and regulations thereunder, or final orders of 
5 the
Board, or where such person's conduct or reputation is 
6 such that his
or her presence within the riverboat gambling 
7 facilities may, in the opinion of
the Board, call into 
8 question the honesty and integrity of the gambling

9 operations or interfere with the orderly conduct thereof; 
10 provided that the
propriety of such ejection or exclusion 
11 is subject to subsequent hearing
by the Board.


12  (13) To require all licensees of gambling operations to 
13 utilize a
cashless wagering system whereby all players' 
14 money is converted to tokens,
electronic cards, or chips 
15 which shall be used only for wagering in the
gambling 
16 establishment.


17  (14) (Blank).


18  (15) To suspend, revoke, or restrict licenses, to 
19 require the
removal of a licensee or an employee of a 
20 licensee for a violation of this
Act or a Board rule or for 
21 engaging in a fraudulent practice, and to
impose civil 
22 penalties of up to $5,000 against individuals and up to

23 $10,000 or an amount equal to the daily gross receipts, 
24 whichever is
larger, against licensees for each violation 
25 of any provision of the Act,
any rules adopted by the 
26 Board, any order of the Board or any other action
which, in 
 
 
09800SB1739ham003- 54 -LRB098 10559 AMC 56939 a


1 the Board's discretion, is a detriment or impediment to 
2 riverboat
gambling operations. The authority to suspend, 
3 revoke, or restrict licenses under this paragraph (15) does 
4 not extend to the authorization to conduct casino gambling 
5 operations under Section 7.3a of this Act. 


6  (16) To hire employees to gather information, conduct 
7 investigations
and carry out any other tasks contemplated 
8 under this Act.


9  (17) To establish minimum levels of insurance to be 
10 maintained by
licensees.


11  (18) To authorize a licensee to sell or serve alcoholic 
12 liquors, wine or
beer as defined in the Liquor Control Act 
13 of 1934 on board a riverboat
or in a casino and to have 
14 exclusive authority to establish the hours for sale and

15 consumption of alcoholic liquor on board a riverboat or in 
16 a casino, notwithstanding any
provision of the Liquor 
17 Control Act of 1934 or any local ordinance, and
regardless 
18 of whether the riverboat makes excursions. The

19 establishment of the hours for sale and consumption of 
20 alcoholic liquor on
board a riverboat or in a casino is an 
21 exclusive power and function of the State. A home
rule unit 
22 may not establish the hours for sale and consumption of 
23 alcoholic
liquor on board a riverboat or in a casino. This 
24 subdivision (18) amendatory Act of 1991 is a denial and

25 limitation of home rule powers and functions under 
26 subsection (h) of
Section 6 of Article VII of the Illinois 
 
 
09800SB1739ham003- 55 -LRB098 10559 AMC 56939 a


1 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 the its rules adopted by the Board 
11 under this Act and
regulations hereunder.

12  (20.5) To approve any contract entered into on its 
13 behalf.

14  (20.6) To appoint investigators to conduct 
15 investigations, searches, seizures, arrests, and other 
16 duties imposed under this Act, as deemed necessary by the 
17 Board. These investigators have and may exercise all of the 
18 rights and powers of peace officers, provided that these 
19 powers shall be limited to offenses or violations occurring 
20 or committed in a casino or on a riverboat or dock, as 
21 defined in subsections (d) and (f) of Section 4, or as 
22 otherwise provided by this Act or any other law.
23  (20.7) To contract with the Department of State Police 
24 for the use of trained and qualified State police officers 
25 and with the Department of Revenue for the use of trained 
26 and qualified Department of Revenue investigators to 
 
 
09800SB1739ham003- 56 -LRB098 10559 AMC 56939 a


1 conduct investigations, searches, seizures, arrests, and 
2 other duties imposed under this Act and to exercise all of 
3 the rights and powers of peace officers, provided that the 
4 powers of Department of Revenue investigators under this 
5 subdivision (20.7) shall be limited to offenses or 
6 violations occurring or committed in a casino or on a 
7 riverboat or dock, as defined in subsections (d) and (f) of 
8 Section 4, or as otherwise provided by this Act or any 
9 other law. In the event the Department of State Police or 
10 the Department of Revenue is unable to fill contracted 
11 police or investigative positions, the Board may appoint 
12 investigators to fill those positions pursuant to 
13 subdivision (20.6).


14  (21) To take any other action as may be reasonable or 
15 appropriate to
enforce this Act and the rules adopted by 
16 the Board under this Act and regulations hereunder.

17 All Board powers enumerated in this Section in relation to 
18licensees shall apply equally to the holder of a managers 
19license issued pursuant to Section 7.3 of this Act. 
20 (d) The Board may seek and shall receive the cooperation of 
21the
Department of State Police in conducting background 
22investigations of
applicants and in fulfilling its 
23responsibilities under
this Section. Costs incurred by the 
24Department of State Police as
a result of such cooperation 
25shall be paid by the Board in conformance
with the requirements 
26of Section 2605-400 of the Department of State Police Law
(20 
 
 
09800SB1739ham003- 57 -LRB098 10559 AMC 56939 a


1ILCS 2605/2605-400).

2 (e) The Board must authorize to each investigator and to 
3any other
employee of the Board exercising the powers of a 
4peace officer a distinct badge
that, on its face, (i) clearly 
5states that the badge is authorized by the Board
and
(ii) 
6contains a unique identifying number. No other badge shall be 
7authorized
by the Board.

8 (f) The Board, on behalf of the State of Illinois, is 
9authorized to acquire by conveyance from the City of Chicago in 
10Cook County, Illinois real estate acquired by the City of 
11Chicago under subsection (b) of Section 7.3a of this Act.
12 The Board shall have the authority to hold title to 
13property as provided in subsection (b) of Section 7.3a of this 
14Act. 
15(Source: P.A. 98-377, eff. 1-1-14; 98-582, eff. 8-27-13.)





16 (230 ILCS 10/5.1) (from Ch. 120, par. 2405.1)


17 Sec. 5.1. Disclosure of records. 

18 (a) Notwithstanding any applicable statutory provision to 
19the contrary,
the Board shall, on written request from any 
20person, provide
information furnished by an applicant or 
21licensee concerning the applicant
or licensee, his products, 
22services or gambling enterprises and his
business holdings, as 
23follows:


24  (1) The name, business address and business telephone 
25 number of any
applicant or licensee.


 
 
09800SB1739ham003- 58 -LRB098 10559 AMC 56939 a


1  (2) An identification of any applicant or licensee 
2 including, if an
applicant or licensee is not an 
3 individual, the state of incorporation or
registration, 
4 the corporate officers, and the identity of all 
5 shareholders
or participants. If an applicant or licensee 
6 has a pending registration
statement filed with the 
7 Securities and Exchange Commission, only the names
of those 
8 persons or entities holding interest of 5% or more must be 
9 provided.


10  (3) An identification of any business, including, if 
11 applicable, the
state of incorporation or registration, in 
12 which an applicant or licensee
or an applicant's or 
13 licensee's spouse or children has an equity interest
of 
14 more than 1%. If an applicant or licensee is a corporation, 
15 partnership
or other business entity, the applicant or 
16 licensee shall identify any
other corporation, partnership 
17 or business entity in which it has an equity
interest of 1%

18 or more, including, if applicable, the state of

19 incorporation or registration. This information need not 
20 be provided by a
corporation, partnership or other business 
21 entity that has a pending
registration statement filed with 
22 the Securities and Exchange Commission.


23  (4) Whether an applicant or licensee has been indicted, 
24 convicted,
pleaded guilty or nolo contendere, or forfeited 
25 bail concerning any
criminal offense under the laws of any 
26 jurisdiction, either felony or
misdemeanor (except for 
 
 
09800SB1739ham003- 59 -LRB098 10559 AMC 56939 a


1 traffic violations), including the date, the name
and 
2 location of the court, arresting agency and prosecuting 
3 agency, the
case number, the offense, the disposition and 
4 the location and length of
incarceration.


5  (5) Whether an applicant or licensee has had any 
6 license or
certificate issued by a licensing authority in 
7 Illinois or any other
jurisdiction denied, restricted, 
8 suspended, revoked or not renewed and a
statement 
9 describing the facts and circumstances concerning the 
10 denial,
restriction, suspension, revocation or 
11 non-renewal, including the licensing
authority, the date 
12 each such action was taken, and the reason for each
such 
13 action.


14  (6) Whether an applicant or licensee has ever filed or 
15 had filed against
it a proceeding in bankruptcy or has ever 
16 been involved in any formal
process to adjust, defer, 
17 suspend or otherwise work out the payment of any
debt 
18 including the date of filing, the name and location of the 
19 court, the
case and number of the disposition.


20  (7) Whether an applicant or licensee has filed, or been 
21 served with a
complaint or other notice filed with any 
22 public body, regarding the
delinquency in the payment of, 
23 or a dispute over the filings concerning the
payment of, 
24 any tax required under federal, State or local law, 
25 including
the amount, type of tax, the taxing agency and 
26 time periods involved.


 
 
09800SB1739ham003- 60 -LRB098 10559 AMC 56939 a


1  (8) A statement listing the names and titles of all 
2 public officials
or officers of any unit of government, and 
3 relatives of said
public officials or officers who, 
4 directly or indirectly, own
any financial interest in, have 
5 any beneficial interest in, are the
creditors of or hold 
6 any debt instrument issued by, or hold or have any
interest 
7 in any contractual or service relationship with, an 
8 applicant
or licensee.


9  (9) Whether an applicant or licensee has made, directly 
10 or indirectly,
any political contribution, or any loans, 
11 donations or other payments, to
any candidate or office 
12 holder, within 5 years from the date of filing the

13 application, including the amount and the method of 
14 payment.


15  (10) The name and business telephone number of the 
16 counsel
representing an applicant or licensee in matters 
17 before the Board.


18  (11) A description of any proposed or approved 
19 riverboat or casino
gaming operation, including the type of 
20 boat, home dock or casino location, expected
economic 
21 benefit to the community, anticipated or actual number of

22 employees, any statement from an applicant or licensee 
23 regarding compliance
with federal and State affirmative 
24 action guidelines, projected or actual
admissions and 
25 projected or actual adjusted gross gaming receipts.


26  (12) A description of the product or service to be 
 
 
09800SB1739ham003- 61 -LRB098 10559 AMC 56939 a


1 supplied by an
applicant for a supplier's license.

2 (b) Notwithstanding any applicable statutory provision to 
3the contrary,
the Board shall, on written request from any 
4person, also provide
the following information:


5  (1) The amount of the wagering tax and admission tax 
6 paid daily to the
State of Illinois by the holder of an 
7 owner's license.


8  (2) Whenever the Board finds an applicant for an 
9 owner's license
unsuitable for licensing, a copy of the 
10 written letter outlining the
reasons for the denial.


11  (3) Whenever the Board has refused to grant leave for 
12 an applicant to
withdraw his application, a copy of the 
13 letter outlining the reasons for
the refusal.

14 (c) Subject to the above provisions, the Board shall not 
15disclose any
information which would be barred by:


16  (1) Section 7 of the Freedom of Information Act; or


17  (2) The statutes, rules, regulations or 
18 intergovernmental agreements
of any jurisdiction.

19 (d) The Board may assess fees for the copying of 
20information in
accordance with Section 6 of the Freedom of 
21Information Act.

22(Source: P.A. 96-1392, eff. 1-1-11.)






23 (230 ILCS 10/6) (from Ch. 120, par. 2406)



24 Sec. 6. Application for Owners License. 

25 (a) A qualified person may
apply to the Board for an owners 
 
 
09800SB1739ham003- 62 -LRB098 10559 AMC 56939 a


1license to
conduct a riverboat gambling operation as provided 
2in Section 7 of this Act. The
application shall be made on 
3forms provided by the Board and shall contain
such information 
4as the Board prescribes, including but not limited to the

5identity of the riverboat on which such gambling operation is 
6to be
conducted and the exact location where such riverboat 
7will be docked, a
certification that the riverboat will be 
8registered under this Act at all
times during which gambling 
9operations are conducted on board, detailed
information 
10regarding the ownership and management of the applicant, and

11detailed personal information regarding the applicant. Any 
12application for an
owners license to be re-issued on or after 
13June 1, 2003 shall also
include the applicant's license bid in 
14a form prescribed by the Board.
Information
provided on the 
15application shall be used as a basis for a thorough
background 
16investigation which the Board shall conduct with respect to 
17each
applicant. An incomplete application shall be cause for 
18denial of a license
by the Board.

19 (b) Applicants shall submit with their application all 
20documents,
resolutions, and letters of support from the 
21governing body that represents
the municipality or county 
22wherein the licensee will dock.

23 (c) Each applicant shall disclose the identity of every 
24person,
association, trust or corporation having a greater than 
251% direct or
indirect pecuniary interest in the riverboat 
26gambling operation with
respect to which the license is sought. 
 
 
09800SB1739ham003- 63 -LRB098 10559 AMC 56939 a


1If the disclosed entity is a
trust, the application shall 
2disclose the names and addresses of the
beneficiaries; if a 
3corporation, the names and
addresses of all stockholders and 
4directors; if a partnership, the names
and addresses of all 
5partners, both general and limited.

6 (d) An application shall be filed and considered in 
7accordance with the rules of the Board. An
application fee of 
8$50,000 shall be paid at the time of filing
to defray the costs 
9associated with the
background investigation conducted by the 
10Board. If the costs of the
investigation exceed $50,000, the 
11applicant shall pay the additional amount
to the Board. If the 
12costs of the investigation are less than $50,000, the
applicant 
13shall receive a refund of the remaining amount. All

14information, records, interviews, reports, statements, 
15memoranda or other
data supplied to or used by the Board in the 
16course of its review or
investigation of an application for a 
17license or a renewal under this Act shall be
privileged, 
18strictly confidential and shall be used only for the purpose of

19evaluating an applicant for a license or a renewal. Such 
20information, records, interviews, reports,
statements, 
21memoranda or other data shall not be admissible as evidence,

22nor discoverable in any action of any kind in any court or 
23before any
tribunal, board, agency or person, except for any 
24action deemed necessary
by the Board.

25 (e) The Board shall charge each applicant a fee set by the 
26Department of
State Police to defray the costs associated with 
 
 
09800SB1739ham003- 64 -LRB098 10559 AMC 56939 a


1the search and
classification of fingerprints obtained by the 
2Board with respect to the
applicant's application. These fees 
3shall be paid into the State Police
Services Fund.

4 (f) The licensed owner shall be the person primarily 
5responsible for the
boat itself. Only one riverboat gambling 
6operation may be authorized
by the Board on any riverboat. The 
7applicant must identify each riverboat
it intends to use and 
8certify that the riverboat: (1) has the authorized
capacity 
9required in this Act; (2) is accessible to disabled persons; 
10and
(3) is fully registered and licensed in accordance
with any 
11applicable laws.

12 (g) A person who knowingly makes a false statement on an 
13application is
guilty of a Class A misdemeanor.

14(Source: P.A. 96-1392, eff. 1-1-11.)






15 (230 ILCS 10/7) (from Ch. 120, par. 2407)


16 Sec. 7. Owners Licenses. 

17 (a) The Board shall issue owners licenses to persons or 
18entities , firms or
corporations which apply for such licenses 
19upon payment to the Board of the
non-refundable license fee set 
20by the Board, upon payment of a $25,000
license fee for the 
21first year of operation and a $5,000 license fee for
each 
22succeeding year and upon a determination by the Board that the

23applicant is eligible for an owners license pursuant to this 
24Act and the
rules of the Board. From the effective date of this 
25amendatory Act of the 95th General Assembly until (i) 3 years 
 
 
09800SB1739ham003- 65 -LRB098 10559 AMC 56939 a


1after the effective date of this amendatory Act of the 95th 
2General Assembly, (ii) the date any organization licensee 
3begins to operate a slot machine or video game of chance under 
4the Illinois Horse Racing Act of 1975 or this Act, (iii) the 
5date that payments begin under subsection (c-5) of Section 13 
6of the Act, or (iv) the wagering tax imposed under Section 13 
7of this Act is increased by law to reflect a tax rate that is at 
8least as stringent or more stringent than the tax rate 
9contained in subsection (a-3) of Section 13, whichever occurs 
10first, as a condition of licensure and as an alternative source 
11of payment for those funds payable under subsection (c-5) of 
12Section 13 of this the Riverboat Gambling Act, any owners 
13licensee that holds or receives its owners license on or after 
14the effective date of this amendatory Act of the 94th General 
15Assembly, other than an owners licensee operating a riverboat 
16with adjusted gross receipts in calendar year 2004 of less than 
17$200,000,000, must pay into the Horse Racing Equity Trust Fund, 
18in addition to any other payments required under this Act, an 
19amount equal to 3% of the adjusted gross receipts received by 
20the owners licensee. The payments required under this Section 
21shall be made by the owners licensee to the State Treasurer no 
22later than 3:00 o'clock p.m. of the day after the day when the 
23adjusted gross receipts were received by the owners licensee. A 
24person, firm or entity corporation is ineligible to receive
an 
25owners license if:


26  (1) the person has been convicted of a felony under the 
 
 
09800SB1739ham003- 66 -LRB098 10559 AMC 56939 a


1 laws of this
State, any other state, or the United States;


2  (2) the person has been convicted of any violation of 
3 Article 28 of the
Criminal Code of 1961 or the Criminal 
4 Code of 2012, or substantially similar laws of any other 
5 jurisdiction;


6  (3) the person or entity has submitted an application 
7 for a license under this
Act which contains false 
8 information;


9  (4) the person is
a member of the Board;


10  (5) a person defined in (1), (2), (3) or (4) is an 
11 officer, director or
managerial employee of the entity firm 
12 or corporation;


13  (6) the entity firm or corporation employs a person 
14 defined in (1), (2), (3) or
(4) who participates in the 
15 management or operation of gambling operations
authorized 
16 under this Act;


17  (7) (blank); or


18  (8) a license of the person or entity , firm or 
19 corporation issued under
this Act, or a license to own or 
20 operate gambling facilities
in any other jurisdiction, has 
21 been revoked.

22 The Board is expressly prohibited from making changes to 
23the requirement that licensees make payment into the Horse 
24Racing Equity Trust Fund without the express authority of the 
25Illinois General Assembly and making any other rule to 
26implement or interpret this amendatory Act of the 95th General 
 
 
09800SB1739ham003- 67 -LRB098 10559 AMC 56939 a


1Assembly. For the purposes of this paragraph, "rules" is given 
2the meaning given to that term in Section 1-70 of the Illinois 
3Administrative Procedure Act.
4 (b) In determining whether to grant an owners license to an 
5applicant, the
Board shall consider:


6  (1) the character, reputation, experience and 
7 financial integrity of the
applicants and of any other or 
8 separate person that either:


9   (A) controls, directly or indirectly, such 
10 applicant, or


11   (B) is controlled, directly or indirectly, by such 
12 applicant or by a
person which controls, directly or 
13 indirectly, such applicant;


14  (2) the facilities or proposed facilities for the 
15 conduct of riverboat
gambling;


16  (3) the highest prospective total revenue to be derived 
17 by the State
from the conduct of riverboat gambling;


18  (4) the extent to which the ownership of the applicant 
19 reflects the
diversity of the State by including minority 
20 persons, females, and persons with a disability
and the 
21 good faith affirmative action plan of
each applicant to 
22 recruit, train and upgrade minority persons, females, and 
23 persons with a disability in all employment 
24 classifications;


25  (5) the financial ability of the applicant to purchase 
26 and maintain
adequate liability and casualty insurance;


 
 
09800SB1739ham003- 68 -LRB098 10559 AMC 56939 a


1  (6) whether the applicant has adequate capitalization 
2 to provide and
maintain, for the duration of a license, a 
3 riverboat;


4  (7) the extent to which the applicant exceeds or meets 
5 other standards
for the issuance of an owners license which 
6 the Board may adopt by rule;
and


7  (8) the The amount of the applicant's license bid.

8 (c) Each owners license shall specify the place where 
9riverboats shall
operate and dock.

10 (d) Each applicant shall submit with his application, on 
11forms
provided by the Board, 2 sets of his fingerprints.

12 (e) The Board may issue up to 10 licenses authorizing the 
13holders of such
licenses to own riverboats. In the application 
14for an owners license, the
applicant shall state the dock at 
15which the riverboat is based and the water
on which the 
16riverboat will be located. The Board shall issue 5 licenses to

17become effective not earlier than January 1, 1991. Three of 
18such licenses
shall authorize riverboat gambling on the 
19Mississippi River, or, with approval
by the municipality in 
20which the
riverboat was docked on August 7, 2003 and with Board 
21approval, be authorized to relocate to a new location,
in a

22municipality that (1) borders on the Mississippi River or is 
23within 5
miles of the city limits of a municipality that 
24borders on the Mississippi
River and (2), on August 7, 2003, 
25had a riverboat conducting riverboat gambling operations 
26pursuant to
a license issued under this Act; one of which shall 
 
 
09800SB1739ham003- 69 -LRB098 10559 AMC 56939 a


1authorize riverboat
gambling from a home dock in the city of 
2East St. Louis. One other license
shall
authorize riverboat 
3gambling on
the Illinois River south of Marshall County. The 
4Board shall issue one
additional license to become effective 
5not earlier than March 1, 1992, which
shall authorize riverboat 
6gambling on the Des Plaines River in Will County.
The Board may 
7issue 4 additional licenses to become effective not
earlier 
8than
March 1, 1992. In determining the water upon which 
9riverboats will operate,
the Board shall consider the economic 
10benefit which riverboat gambling confers
on the State, and 
11shall seek to assure that all regions of the State share
in the 
12economic benefits of riverboat gambling.

13 In granting all licenses, the Board may give favorable 
14consideration to
economically depressed areas of the State, to 
15applicants presenting plans
which provide for significant 
16economic development over a large geographic
area, and to 
17applicants who currently operate non-gambling riverboats in

18Illinois.
The Board shall review all applications for owners 
19licenses,
and shall inform each applicant of the Board's 
20decision.
The Board may grant an owners license to an
applicant 
21that has not submitted the highest license bid, but if it does 
22not
select the highest bidder, the Board shall issue a written 
23decision explaining
why another
applicant was selected and 
24identifying the factors set forth in this Section
that favored 
25the winning bidder. 

26 (e-10) In addition to any other revocation powers granted 
 
 
09800SB1739ham003- 70 -LRB098 10559 AMC 56939 a


1to the Board under this
Act,
the Board may revoke the owners 
2license of a licensee which fails
to begin conducting gambling 
3within 15 months
of receipt of the
Board's approval of the 
4application if the Board determines that license
revocation is 
5in the best interests of the State.

6 (f) The first 10 owners licenses issued under this Act 
7shall permit the
holder to own up to 2 riverboats and equipment 
8thereon
for a period of 3 years after the effective date of the 
9license. Holders of
the first 10 owners licenses must pay the 
10annual license fee for each of
the 3
years during which they 
11are authorized to own riverboats.

12 (g) Upon the termination, expiration, or revocation of each 
13of the first
10 licenses, which shall be issued for a 3 year 
14period, all licenses are
renewable annually upon payment of the 
15fee and a determination by the Board
that the licensee 
16continues to meet all of the requirements of this Act and the

17Board's rules.
However, for licenses renewed on or after May 1, 
181998, renewal shall be
for a period of 4 years, unless the 
19Board sets a shorter period.

20 (h) An owners license issued under this Section shall 
21entitle the licensee to own up to 2
riverboats. 
22 A licensee shall limit the number of gaming positions 
23gambling participants to
1,200 for any such owners license.

24 A licensee may operate both of its riverboats concurrently, 
25provided that the
total number of gaming positions gambling 
26participants on both riverboats does not exceed
1,200. 
 
 
09800SB1739ham003- 71 -LRB098 10559 AMC 56939 a


1Riverboats licensed to operate on the
Mississippi River and the 
2Illinois River south of Marshall County shall
have an 
3authorized capacity of at least 500 persons. Any other 
4riverboat
licensed under this Act shall have an authorized 
5capacity of at least 400
persons.

6 (i) A licensed owner is authorized to apply to the Board 
7for and, if
approved therefor, to receive all licenses from the 
8Board necessary for the
operation of a riverboat, including a 
9liquor license, a license
to prepare and serve food for human 
10consumption, and other necessary
licenses. All use, occupation 
11and excise taxes which apply to the sale of
food and beverages 
12in this State and all taxes imposed on the sale or use
of 
13tangible personal property apply to such sales aboard the 
14riverboat.

15 (j) The Board may issue or re-issue a license authorizing a 
16riverboat to
dock
in a municipality or approve a relocation 
17under Section 11.2 only if, prior
to the issuance or 
18re-issuance of
the license or approval, the governing body of 
19the municipality in which
the riverboat will dock has by a 
20majority vote approved the docking of
riverboats in the 
21municipality. The Board may issue or re-issue a license

22authorizing a
riverboat to dock in areas of a county outside 
23any municipality or approve a
relocation under Section 11.2 
24only if, prior to the issuance or re-issuance
of the license
or 
25approval, the
governing body of the county has by a majority 
26vote approved of the docking of
riverboats within such areas.

 
 
09800SB1739ham003- 72 -LRB098 10559 AMC 56939 a


1(Source: P.A. 96-1392, eff. 1-1-11; 97-1150, eff. 1-25-13.)






2 (230 ILCS 10/7.3)


3 Sec. 7.3. State conduct of gambling operations; reissued 
4license. 

5 (a) If, after reviewing each application for a re-issued 
6license, the
Board determines that the highest prospective 
7total revenue to the State would
be derived from State conduct 
8of the gambling operation in lieu of re-issuing
the license, 
9the Board shall inform each applicant of its decision. The 
10Board
shall thereafter have the authority, without obtaining an 
11owners license, to
conduct riverboat gambling operations as

12previously authorized by the terminated, expired, revoked, or 
13nonrenewed
license through a licensed manager selected 
14pursuant to an open and competitive
bidding
process as set 
15forth in Section 7.5 and as provided in Section 7.4.

16 (b) The Board may locate any riverboat on which a gambling 
17operation is
conducted by the State in any home dock location 
18authorized by Section 3(c)
upon receipt of approval from a 
19majority vote of the governing body of the
municipality or 
20county, as the case may be, in which the riverboat will dock.

21 (c) The Board shall have jurisdiction over and shall 
22supervise all
gambling operations conducted by the State 
23provided for in this Act and shall
have all powers necessary 
24and proper to fully and effectively execute the
provisions of 
25this Act relating to gambling operations conducted by the 
 
 
09800SB1739ham003- 73 -LRB098 10559 AMC 56939 a


1State.

2 (d) The maximum number of owners licenses authorized under 
3Section 7
7(e)
shall be reduced by one for each instance in 
4which the Board authorizes the
State to conduct a riverboat 
5gambling operation under subsection (a) in lieu of
re-issuing a 
6license to an applicant under Section 7.1.

7(Source: P.A. 93-28, eff. 6-20-03.)


8 (230 ILCS 10/7.3a new)
9 Sec. 7.3a. State conduct of gambling operations; Chicago 
10casino.
11 (a) The Board is authorized to conduct gambling operations 
12on a riverboat or in a casino, through a licensed manager, 
13within the City of Chicago.
14 (b) The City of Chicago shall select the site for the 
15gambling operation and acquire, upon consultation with the 
16Capital Development Board, any land necessary for its 
17construction. For the purposes of this subsection (b), the City 
18of Chicago may acquire, by eminent domain or by condemnation 
19proceedings in the manner provided by the Eminent Domain Act, 
20real or personal property or interests in real or personal 
21property located in the City of Chicago, and the City of 
22Chicago shall convey to the Illinois Gaming Board property so 
23acquired upon reimbursement to the City of Chicago of the 
24purchase price of the property, plus reasonable interest costs. 
25The acquisition of property under this subsection (b) is 
 
 
09800SB1739ham003- 74 -LRB098 10559 AMC 56939 a


1declared to be for a public use.
2 (c) The Capital Development Board shall construct, repair, 
3and maintain, or contract for and supervise the construction, 
4repair, and maintenance of, facilities for use by the Board to 
5conduct gambling operations under this Section.
6 (d) The Board must select and license a manager for the 
7gambling operations authorized under this Section pursuant to 
8Section 7.4 of this Act within 6 months after the effective 
9date of this amendatory Act of the 98th General Assembly. The 
10Board may, upon written request to the majority and minority 
11leaders of the House of Representatives and the Senate no less 
12than 14 days prior to the expiration of the 6-month period, 
13request an extension on this deadline to select and license a 
14manager of no more than 45 days. Either house of the General 
15Assembly may, by resolution, deny the 45-day extension.
16 (e) The gambling operation authorized under this Section 
17shall operate not less than 4,000 positions or more than 10,000 
18positions.
19 (f) The Board shall have jurisdiction over and shall 
20supervise all gambling operations conducted by the State 
21provided for in this Section and shall have all powers 
22necessary and proper to fully and effectively execute the 
23provisions of this Section relating to gambling operations 
24conducted by the State.




25 (230 ILCS 10/7.4)



 
 
09800SB1739ham003- 75 -LRB098 10559 AMC 56939 a


1 Sec. 7.4. Managers licenses. 

2 (a) A qualified person may apply to the Board for a 
3managers license to
operate
and manage any gambling operation 
4conducted by the State. The application shall
be
made on forms 
5provided by the Board and shall contain such information as the

6Board
prescribes, including but not limited to information 
7required in Sections 6(a),
(b), and
(c) and information 
8relating to the applicant's proposed price to manage State

9gambling
operations and to provide the riverboat, gambling 
10equipment, and supplies
necessary to
conduct State gambling 
11operations.

12 (b) Each applicant must submit evidence to the Board that 
13minority persons
and
females hold ownership interests in the 
14applicant of at least 16% and 4%,
respectively.

15 (c) A person, firm, or corporation is ineligible to receive 
16a managers
license if:


17  (1) the person has been convicted of a felony under the 
18 laws of this
State, any other state, or the United States;


19  (2) the person has been convicted of any violation of 
20 Article 28 of
the Criminal Code of 1961 or the Criminal 
21 Code of 2012, or substantially similar laws of any other

22 jurisdiction;


23  (3) the person has submitted an application for a 
24 license under this
Act which contains false information;


25  (4) the person is a member of the Board;


26  (5) a person defined in paragraph (1), (2), (3), or (4) 
 
 
09800SB1739ham003- 76 -LRB098 10559 AMC 56939 a


1 is an officer, director, or
managerial employee of the firm 
2 or corporation;


3  (6) the firm or corporation employs a person defined in 
4 paragraph (1), (2), (3),
or (4) who participates in the 
5 management or operation of gambling
operations authorized 
6 under this Act; or


7  (7) a license of the person, firm, or corporation 
8 issued under this Act,
or
a license to own or operate 
9 gambling facilities in any other jurisdiction, has
been 
10 revoked.

11 (d) Each applicant shall submit with his or her 
12application, on forms
prescribed by
the Board, 2 sets of his or 
13her fingerprints.

14 (e) The Board shall charge each applicant a fee, set by the 
15Board, to defray
the costs associated with the background 
16investigation conducted by the
Board.

17 (f) A person who knowingly makes a false statement on an 
18application is
guilty of a Class A misdemeanor.

19 (g) The managers license shall be for a term not less than 
204 years but not more than to exceed 10 years, shall
be

21renewable at the Board's option, and shall contain such terms 
22and
provisions as the Board deems necessary to protect or 
23enhance the
credibility and integrity of State gambling 
24operations, achieve the highest
prospective total revenue to 
25the State, and otherwise serve the interests of
the citizens of 
26Illinois.

 
 
09800SB1739ham003- 77 -LRB098 10559 AMC 56939 a


1 (h) Issuance of a managers license shall be subject to an 
2open and
competitive bidding
process. The Board may select an 
3applicant other than the lowest bidder by
price. If it does not 
4select the lowest bidder, the Board shall issue a notice
of who

5the lowest bidder was and a written decision as to why another 
6bidder was
selected.

7(Source: P.A. 97-1150, eff. 1-25-13.)





8 (230 ILCS 10/8) (from Ch. 120, par. 2408)



9 Sec. 8. Suppliers licenses. 

10 (a) The Board may issue a suppliers license to such 
11persons, firms or
corporations which apply therefor upon the 
12payment of a non-refundable
application fee set by the Board, 
13upon a determination by the Board that
the applicant is 
14eligible for a suppliers license and upon payment of a
$5,000 
15annual license
fee.

16 (b) The holder of a suppliers license is authorized to sell 
17or lease,
and to contract to sell or lease, gambling equipment 
18and supplies to any
licensee involved in the ownership or 
19management of gambling operations.

20 (c) Gambling supplies and equipment may not be distributed

21unless supplies and equipment conform to standards adopted by

22rules of the Board.

23 (d) A person, firm or corporation is ineligible to receive 
24a suppliers
license if:


25  (1) the person has been convicted of a felony under the 
 
 
09800SB1739ham003- 78 -LRB098 10559 AMC 56939 a


1 laws of this
State, any other state, or the United States;


2  (2) the person has been convicted of any violation of 
3 Article 28 of the
Criminal Code of 1961 or the Criminal 
4 Code of 2012, or substantially similar laws of any other 
5 jurisdiction;


6  (3) the person has submitted an application for a 
7 license under this
Act which contains false information;


8  (4) the person is a member of the Board;


9  (5) the entity firm or corporation is one in which a 
10 person defined in paragraph (1),
(2), (3), or (4), is an 
11 officer, director, or managerial employee;


12  (6) the firm or corporation employs a person who 
13 participates in the
management or operation of riverboat 
14 gambling authorized under this Act;


15  (7) the license of the person, firm, or corporation 
16 issued under
this Act, or a license to own or operate 
17 gambling facilities
in any other jurisdiction, has been 
18 revoked.

19 (e) Any person that supplies any equipment, devices, or 
20supplies to a
licensed riverboat gambling operation or casino 
21gambling operation must first obtain a suppliers
license. A 
22supplier shall furnish to the Board a list of all equipment,

23devices and supplies offered for sale or lease in connection 
24with gambling
games authorized under this Act. A supplier shall 
25keep books and records
for the furnishing of equipment, devices 
26and supplies to gambling
operations separate and distinct from 
 
 
09800SB1739ham003- 79 -LRB098 10559 AMC 56939 a


1any other business that the supplier
might operate. A supplier 
2shall file a quarterly return with the Board
listing all sales 
3and leases. A supplier shall permanently affix its name or a 
4distinctive logo or other mark or design element identifying 
5the manufacturer or supplier
to all its equipment, devices, and 
6supplies, except gaming chips without a value impressed, 
7engraved, or imprinted on it, for gambling operations.
The 
8Board may waive this requirement for any specific product or 
9products if it determines that the requirement is not necessary 
10to protect the integrity of the game. Items purchased from a 
11licensed supplier may continue to be used even though the 
12supplier subsequently changes its name, distinctive logo, or 
13other mark or design element; undergoes a change in ownership; 
14or ceases to be licensed as a supplier for any reason. Any 
15supplier's equipment, devices or supplies which are used by any 
16person
in an unauthorized gambling operation shall be forfeited 
17to the State. A
licensed owner may own its own equipment, 
18devices, and supplies. Each
holder of an owners license or, in 
19the case of a gambling operation conducted on behalf of the 
20State, a manager's license under this the Act shall file an 
21annual report
listing its inventories of gambling equipment, 
22devices and supplies.

23 (f) Any person who knowingly makes a false statement on an 
24application
is guilty of a Class A misdemeanor.

25 (g) Any gambling equipment, devices, and supplies provided 
26by any
licensed supplier may either be repaired on the 
 
 
09800SB1739ham003- 80 -LRB098 10559 AMC 56939 a


1riverboat or in the casino or removed from
the riverboat or 
2casino to a an on-shore facility owned by the holder of an 
3owners
license for repair.

4(Source: P.A. 97-1150, eff. 1-25-13; 98-12, eff. 5-10-13; 
5revised 6-10-13.)





6 (230 ILCS 10/9) (from Ch. 120, par. 2409)



7 Sec. 9. Occupational licenses. 

8 (a) The Board may issue an occupational license to an 
9applicant upon the
payment of a non-refundable fee set by the 
10Board, upon a determination by
the Board that the applicant is 
11eligible for an occupational license and
upon payment of an 
12annual license fee in an amount to be established. To
be 
13eligible for an occupational license, an applicant must:


14  (1) be at least 21 years of age if the applicant will 
15 perform any
function involved in gaming by patrons. Any 
16 applicant seeking an
occupational license for a non-gaming 
17 function shall be at least 18 years
of age;


18  (2) not have been convicted of a felony offense, a 
19 violation of Article
28 of the Criminal Code of 1961 or the 
20 Criminal Code of 2012, or a similar statute of any other

21 jurisdiction;

22  (2.5) not have been convicted of a crime, other than a 
23 crime described in item (2) of this subsection (a), 
24 involving dishonesty or moral turpitude, except that the 
25 Board may, in its discretion, issue an occupational license 
 
 
09800SB1739ham003- 81 -LRB098 10559 AMC 56939 a


1 to a person who has been convicted of a crime described in 
2 this item (2.5) more than 10 years prior to his or her 
3 application and has not subsequently been convicted of any 
4 other crime; 

5  (3) have demonstrated a level of skill or knowledge 
6 which the Board
determines to be necessary in order to 
7 operate gambling aboard a riverboat or in a casino; and


8  (4) have met standards for the holding of an 
9 occupational license as
adopted by rules of the Board. Such 
10 rules shall provide that any person or
entity seeking an 
11 occupational license to manage gambling operations
under 
12 this Act hereunder shall be subject to background inquiries 
13 and further requirements
similar to those required of 
14 applicants for an owners license.
Furthermore, such rules 
15 shall provide that each such entity shall be
permitted to 
16 manage gambling operations for only one licensed owner.

17 (b) Each application for an occupational license shall be 
18on forms
prescribed by the Board and shall contain all 
19information required by the
Board. The applicant shall set 
20forth in the application: whether he has been
issued prior 
21gambling related licenses; whether he has been licensed in any

22other state under any other name, and, if so, such name and his 
23age; and
whether or not a permit or license issued to him in 
24any other state has
been suspended, restricted or revoked, and, 
25if so, for what period of time.

26 (c) Each applicant shall submit with his application, on 
 
 
09800SB1739ham003- 82 -LRB098 10559 AMC 56939 a


1forms provided
by the Board, 2 sets of his fingerprints. The 
2Board shall charge each
applicant a fee set by the Department 
3of State Police to defray the costs
associated with the search 
4and classification of fingerprints obtained by
the Board with 
5respect to the applicant's application. These fees shall be

6paid into the State Police Services Fund.

7 (d) The Board may in its discretion refuse an occupational 
8license to
any person: (1) who is unqualified to perform the 
9duties required of such
applicant; (2) who fails to disclose or 
10states falsely any information
called for in the application; 
11(3) who has been found guilty of a
violation of this Act or 
12whose prior gambling related license or
application therefor 
13has been suspended, restricted, revoked or denied for
just 
14cause in any other state; or (4) for any other just cause.

15 (e) The Board may suspend, revoke or restrict any 
16occupational licensee:
(1) for violation of any provision of 
17this Act; (2) for violation of any
of the rules and regulations 
18of the Board; (3) for any cause which, if
known to the Board, 
19would have disqualified the applicant from receiving
such 
20license; or (4) for default in the payment of any obligation or 
21debt
due to the State of Illinois; or (5) for any other just 
22cause.

23 (f) A person who knowingly makes a false statement on an 
24application is
guilty of a Class A misdemeanor.

25 (g) Any license issued pursuant to this Section shall be 
26valid for a
period of one year from the date of issuance.

 
 
09800SB1739ham003- 83 -LRB098 10559 AMC 56939 a


1 (h) Nothing in this Act shall be interpreted to prohibit a 
2licensed
owner from entering into an agreement with a public 
3community college or a school approved under the
Private 
4Business and Vocational Schools Act of 2012 for the training of 
5any
occupational licensee. Any training offered by such a 
6school shall be in
accordance with a written agreement between 
7the licensed owner and the school.

8 (i) Any training provided for occupational licensees may be 
9conducted
either at the site of the gambling facility on the 
10riverboat or at a school with which a licensed owner has

11entered into an agreement pursuant to subsection (h).

12(Source: P.A. 96-1392, eff. 1-1-11; 97-650, eff. 2-1-12; 
1397-1150, eff. 1-25-13.)





14 (230 ILCS 10/11) (from Ch. 120, par. 2411)



15 Sec. 11. Conduct of gambling. Gambling may be conducted by 
16licensed owners or licensed managers on behalf
of the State 
17aboard riverboats. Gambling may be conducted by a licensed 
18manager at a casino. Gambling authorized under this Section is ,

19subject to the following standards:


20  (1) A licensee may conduct riverboat gambling 
21 authorized under this Act
regardless of whether it conducts 
22 excursion cruises. A licensee may permit
the continuous 
23 ingress and egress of patrons passengers on a riverboat not 
24 used for excursion cruises for the purpose of gambling. 
25 Excursion cruises shall not exceed 4 hours for a round 
 
 
09800SB1739ham003- 84 -LRB098 10559 AMC 56939 a


1 trip. However, the Board may grant express approval for an 
2 extended cruise on a case-by-case basis. 


3  (2) (Blank).


4  (3) Minimum and maximum wagers on games shall be set by 
5 the licensee.


6  (4) Agents of the Board and the Department of State 
7 Police may board
and inspect any riverboat or enter and 
8 inspect any portion of a casino at any time for the purpose 
9 of determining
whether this Act is being complied with. 
10 Every riverboat, if under way and
being hailed by a law 
11 enforcement officer or agent of the Board, must stop

12 immediately and lay to.


13  (5) Employees of the Board shall have the right to be 
14 present on the
riverboat or in the casino or on adjacent 
15 facilities under the control of the licensee.


16  (6) Gambling equipment and supplies customarily used 
17 in conducting
riverboat or casino gambling must be 
18 purchased or leased only from suppliers licensed
for such 
19 purpose under this Act. The Board may approve the transfer, 
20 sale, or lease of gambling equipment and supplies by a 
21 licensed owner from or to an affiliate of the licensed 
22 owner as long as the gambling equipment and supplies were 
23 initially acquired from a supplier licensed in Illinois. 


24  (7) Persons licensed under this Act shall permit no 
25 form of wagering on
gambling games except as permitted by 
26 this Act.


 
 
09800SB1739ham003- 85 -LRB098 10559 AMC 56939 a


1  (8) Wagers may be received only from a person present 
2 on a licensed
riverboat or in a casino. No person present 
3 on a licensed riverboat or in a casino shall place
or 
4 attempt to place a wager on behalf of another person who is 
5 not present
on the riverboat or in a casino.


6  (9) Wagering shall not be conducted with money or other 
7 negotiable
currency.


8  (10) A person under age 21 shall not be permitted on an 
9 area of a
riverboat or casino where gambling is being 
10 conducted, except for a person at least
18 years of age who 
11 is an employee of the riverboat or casino gambling 
12 operation. No
employee under age 21 shall perform any 
13 function involved in gambling by
the patrons. No person 
14 under age 21 shall be permitted to make a wager under
this 
15 Act, and any winnings that are a result of a wager by a 
16 person under age 21, whether or not paid by a licensee, 
17 shall be treated as winnings for the privilege tax 
18 purposes, confiscated, and forfeited to the State and 
19 deposited into the Education Assistance Fund.


20  (11) Gambling excursion cruises are permitted only 
21 when the waterway for
which the riverboat is licensed is 
22 navigable, as determined by
the Board in consultation with 
23 the U.S. Army Corps of Engineers.
This paragraph (11) does 
24 not limit the ability of a licensee to conduct
gambling 
25 authorized under this Act when gambling excursion cruises 
26 are not
permitted.


 
 
09800SB1739ham003- 86 -LRB098 10559 AMC 56939 a


1  (12) All tokens, chips or electronic cards used to make 
2 wagers must be
purchased (i) from a licensed owner or 
3 manager, in the case of a riverboat, either aboard a 
4 riverboat or at
an onshore
facility which has been approved 
5 by the Board and which is located where
the riverboat docks 
6 or (ii) in the case of a casino, from a licensed manager at 
7 the casino. The tokens, chips or electronic cards may be

8 purchased by means of an agreement under which the owner or 
9 manager extends
credit to
the patron. Such tokens, chips or 
10 electronic cards may be used
while aboard the riverboat or 
11 in the casino only for the purpose of making wagers on

12 gambling games.


13  (13) Notwithstanding any other Section of this Act, in 
14 addition to the
other licenses authorized under this Act, 
15 the Board may issue special event
licenses allowing persons 
16 who are not otherwise licensed to conduct
riverboat 
17 gambling to conduct such gambling on a specified date or 
18 series
of dates. Riverboat gambling under such a license 
19 may take place on a
riverboat not normally used for 
20 riverboat gambling. The Board shall
establish standards, 
21 fees and fines for, and limitations upon, such
licenses, 
22 which may differ from the standards, fees, fines and 
23 limitations
otherwise applicable under this Act. All such 
24 fees shall be deposited into
the State Gaming Fund. All 
25 such fines shall be deposited into the
Education Assistance 
26 Fund, created by Public Act 86-0018, of the State
of 
 
 
09800SB1739ham003- 87 -LRB098 10559 AMC 56939 a


1 Illinois.


2  (14) In addition to the above, gambling must be 
3 conducted in accordance
with all rules adopted by the 
4 Board.

5(Source: P.A. 96-1392, eff. 1-1-11.)





6 (230 ILCS 10/11.1) (from Ch. 120, par. 2411.1)



7 Sec. 11.1. Collection of amounts owing under credit 
8agreements. Notwithstanding any applicable statutory provision 
9to the contrary, a
licensed owner or manager who extends credit 
10to a riverboat gambling patron pursuant
to Section 11 (a) (12) 
11of this Act is expressly authorized to institute a
cause of 
12action to collect any amounts due and owing under the extension 
13of
credit, as well as the licensed owner's or manager's costs, 
14expenses and reasonable
attorney's
fees incurred in 
15collection.

16(Source: P.A. 93-28, eff. 6-20-03.)





17 (230 ILCS 10/12) (from Ch. 120, par. 2412)



18 Sec. 12. Admission tax; fees. 

19 (a) A tax is hereby imposed upon admissions to riverboats 
20operated by
licensed owners authorized pursuant to Section 7 of 
21this Act. Until July 1, 2002, the
rate is $2 per person 
22admitted. From July 1, 2002 until
July 1, 2003, the rate is $3 
23per person admitted.
From July 1, 2003 until August 23, 2005 
24(the effective date of Public Act 94-673), for a licensee that 
 
 
09800SB1739ham003- 88 -LRB098 10559 AMC 56939 a


1admitted 1,000,000 persons or
fewer in the previous calendar 
2year, the rate is $3 per person admitted; for a
licensee that 
3admitted more than 1,000,000 but no more than 2,300,000 persons

4in the previous calendar year, the rate is $4 per person 
5admitted; and for
a licensee that admitted more than 2,300,000 
6persons in the previous calendar
year, the rate is $5 per 
7person admitted.
Beginning on August 23, 2005 (the effective 
8date of Public Act 94-673), for a licensee that admitted 
91,000,000 persons or
fewer in calendar year 2004, the rate is 
10$2 per person admitted, and for all other
licensees, including 
11licensees that were not conducting gambling operations in 2004, 
12the rate is $3 per person admitted.
This admission tax is 
13imposed upon the
licensed owner conducting gambling.


14  (1) The admission tax shall be paid for each admission, 
15 except that a person who exits a riverboat gambling 
16 facility and reenters that riverboat gambling facility 
17 within the same gaming day shall be subject only to the 
18 initial admission tax.


19  (2) (Blank).


20  (3) The riverboat licensee may issue tax-free passes to

21 actual and necessary officials and employees of the 
22 licensee or other
persons actually working on the 
23 riverboat.


24  (4) The number and issuance of tax-free passes is 
25 subject to the rules
of the Board, and a list of all 
26 persons to whom the tax-free passes are
issued shall be 
 
 
09800SB1739ham003- 89 -LRB098 10559 AMC 56939 a


1 filed with the Board.

2 (a-5) A fee is hereby imposed upon admissions to gambling 
3operations operated by licensed
managers on behalf of the State 
4pursuant to Section 7.3 at the rates provided
in
this 
5subsection (a-5). For a licensee that
admitted 1,000,000 
6persons or fewer in the previous calendar year, the rate is
$3 
7per person admitted; for a licensee that admitted more than 
81,000,000 but no
more than 2,300,000 persons
in the previous 
9calendar year, the rate is $4 per person admitted; and for
a 
10licensee that admitted more than 2,300,000 persons in the 
11previous calendar
year, the rate is $5 per person admitted.


12  (1) The admission fee shall be paid for each admission.


13  (2) (Blank).


14  (3) The licensed manager may issue fee-free passes to 
15 actual and necessary
officials and employees of the manager 
16 or other persons actually working on the
riverboat.


17  (4) The number and issuance of fee-free passes is 
18 subject to the rules
of the Board, and a list of all 
19 persons to whom the fee-free passes are
issued shall be 
20 filed with the Board.

21 (a-10) No fee shall be imposed upon admissions to the 
22gambling operation operated by a licensed manager on behalf of 
23the State pursuant to Section 7.3a. 
24 (b) From the tax imposed under subsection (a) and the fee 
25imposed under
subsection (a-5), a municipality shall receive 
26from the State $1 for each
person embarking on a riverboat 
 
 
09800SB1739ham003- 90 -LRB098 10559 AMC 56939 a


1docked within the municipality, and a county
shall receive $1 
2for each person embarking on a riverboat docked within the

3county but outside the boundaries of any municipality. The 
4municipality's or
county's share shall be collected by the 
5Board on behalf of the State and
remitted quarterly by the 
6State, subject to appropriation, to the treasurer of
the unit 
7of local government for deposit in the general fund.

8 (c) The licensed owner shall pay the entire admission tax 
9to the Board and
the licensed manager shall pay the entire 
10admission fee to the Board.
Such payments shall be made daily. 
11Accompanying each payment shall be a
return on forms provided 
12by the Board which shall include other
information regarding 
13admissions as the Board may require. Failure to
submit either 
14the payment or the return within the specified time may
result 
15in suspension or revocation of the owners or managers license.

16 (d) The Board shall administer and collect the admission 
17tax imposed by
this Section, to the extent practicable, in a 
18manner consistent with the
provisions of Sections 4, 5, 5a, 5b, 
195c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a,
6b, 6c, 8, 9 and 10 of the 
20Retailers' Occupation Tax Act and
Section 3-7 of the Uniform 
21Penalty and Interest Act.

22(Source: P.A. 95-663, eff. 10-11-07; 96-1392, eff. 1-1-11.)





23 (230 ILCS 10/13) (from Ch. 120, par. 2413)


24 Sec. 13. Wagering tax; rate; distribution. 

25 (a) Until January 1, 1998, a tax is imposed on the adjusted 
 
 
09800SB1739ham003- 91 -LRB098 10559 AMC 56939 a


1gross
receipts received from gambling games authorized under 
2this Act at the rate of
20%.

3 (a-1) From January 1, 1998 until July 1, 2002, a privilege 
4tax is
imposed on persons engaged in the business of conducting 
5riverboat gambling
operations, based on the adjusted gross 
6receipts received by a licensed owner
from gambling games 
7authorized under this Act at the following rates:


8  15% of annual adjusted gross receipts up to and 
9 including $25,000,000;


10  20% of annual adjusted gross receipts in excess of 
11 $25,000,000 but not
exceeding $50,000,000;


12  25% of annual adjusted gross receipts in excess of 
13 $50,000,000 but not
exceeding $75,000,000;


14  30% of annual adjusted gross receipts in excess of 
15 $75,000,000 but not
exceeding $100,000,000;


16  35% of annual adjusted gross receipts in excess of 
17 $100,000,000.

18 (a-2) From July 1, 2002 until July 1, 2003, a privilege tax 
19is imposed on
persons engaged in the business of conducting 
20riverboat gambling operations,
other than licensed managers 
21conducting riverboat gambling operations on behalf
of the 
22State, based on the adjusted gross receipts received by a 
23licensed
owner from gambling games authorized under this Act at 
24the following rates:


25  15% of annual adjusted gross receipts up to and 
26 including $25,000,000;


 
 
09800SB1739ham003- 92 -LRB098 10559 AMC 56939 a


1  22.5% of annual adjusted gross receipts in excess of 
2 $25,000,000 but not
exceeding $50,000,000;


3  27.5% of annual adjusted gross receipts in excess of 
4 $50,000,000 but not
exceeding $75,000,000;


5  32.5% of annual adjusted gross receipts in excess of 
6 $75,000,000 but not
exceeding $100,000,000;


7  37.5% of annual adjusted gross receipts in excess of 
8 $100,000,000 but not
exceeding $150,000,000;


9  45% of annual adjusted gross receipts in excess of 
10 $150,000,000 but not
exceeding $200,000,000;


11  50% of annual adjusted gross receipts in excess of 
12 $200,000,000.

13 (a-3) Beginning July 1, 2003, a privilege tax is imposed on 
14persons engaged
in the business of conducting riverboat 
15gambling operations, other than
licensed managers conducting 
16riverboat gambling operations on behalf of the
State, based on 
17the adjusted gross receipts received by a licensed owner from

18gambling games authorized under this Act at the following 
19rates:


20  15% of annual adjusted gross receipts up to and 
21 including $25,000,000;


22  27.5% of annual adjusted gross receipts in excess of 
23 $25,000,000 but not
exceeding $37,500,000;


24  32.5% of annual adjusted gross receipts in excess of 
25 $37,500,000 but not
exceeding $50,000,000;


26  37.5% of annual adjusted gross receipts in excess of 
 
 
09800SB1739ham003- 93 -LRB098 10559 AMC 56939 a


1 $50,000,000 but not
exceeding $75,000,000;


2  45% of annual adjusted gross receipts in excess of 
3 $75,000,000 but not
exceeding $100,000,000;


4  50% of annual adjusted gross receipts in excess of 
5 $100,000,000 but not
exceeding $250,000,000;


6  70% of annual adjusted gross receipts in excess of 
7 $250,000,000.

8 An amount equal to the amount of wagering taxes collected 
9under this
subsection (a-3) that are in addition to the amount 
10of wagering taxes that
would have been collected if the 
11wagering tax rates under subsection (a-2)
were in effect shall 
12be paid into the Common School Fund.

13 The privilege tax imposed under this subsection (a-3) shall 
14no longer be
imposed beginning on the earlier of (i) July 1, 
152005; (ii) the first date
after June 20, 2003 that riverboat 
16gambling operations are conducted
pursuant to a dormant 
17license; or (iii) the first day that riverboat gambling

18operations are conducted under the authority of an owners 
19license that is in
addition to the 10 owners licenses initially 
20authorized under this Act.
For the purposes of this subsection 
21(a-3), the term "dormant license"
means an owners license that 
22is authorized by this Act under which no
riverboat gambling 
23operations are being conducted on June 20, 2003.

24 (a-4) Beginning on the first day on which the tax imposed 
25under
subsection (a-3) is no longer imposed, a privilege tax is 
26imposed on persons
engaged in the business of conducting 
 
 
09800SB1739ham003- 94 -LRB098 10559 AMC 56939 a


1riverboat gambling operations, other
than licensed managers 
2conducting riverboat gambling operations on behalf of
the 
3State, based on the adjusted gross receipts received by a 
4licensed owner
from gambling games authorized under this Act at 
5the following rates:


6  15% of annual adjusted gross receipts up to and 
7 including $25,000,000;


8  22.5% of annual adjusted gross receipts in excess of 
9 $25,000,000 but not
exceeding $50,000,000;


10  27.5% of annual adjusted gross receipts in excess of 
11 $50,000,000 but not
exceeding $75,000,000;


12  32.5% of annual adjusted gross receipts in excess of 
13 $75,000,000 but not
exceeding $100,000,000;


14  37.5% of annual adjusted gross receipts in excess of 
15 $100,000,000 but not
exceeding $150,000,000;


16  45% of annual adjusted gross receipts in excess of 
17 $150,000,000 but not
exceeding $200,000,000;


18  50% of annual adjusted gross receipts in excess of 
19 $200,000,000.

20 (a-8) Riverboat gambling operations conducted by a 
21licensed manager on
behalf of the State are not subject to the 
22tax imposed under this Section.

23 (a-10) The taxes imposed by this Section shall be paid by 
24the licensed
owner to the Board not later than 5:00 o'clock 
25p.m. of the day after the day
when the wagers were made.

26 (a-15) If the privilege tax imposed under subsection (a-3) 
 
 
09800SB1739ham003- 95 -LRB098 10559 AMC 56939 a


1is no longer imposed pursuant to item (i) of the last paragraph 
2of subsection (a-3), then by June 15 of each year, each owners 
3licensee, other than an owners licensee that admitted 1,000,000 
4persons or
fewer in calendar year 2004, must, in addition to 
5the payment of all amounts otherwise due under this Section, 
6pay to the Board a reconciliation payment in the amount, if 
7any, by which the licensed owner's base amount exceeds the 
8amount of net privilege tax paid by the licensed owner to the 
9Board in the then current State fiscal year. A licensed owner's 
10net privilege tax obligation due for the balance of the State 
11fiscal year shall be reduced up to the total of the amount paid 
12by the licensed owner in its June 15 reconciliation payment. 
13The obligation imposed by this subsection (a-15) is binding on 
14any person, firm, corporation, or other entity that acquires an 
15ownership interest in any such owners license. The obligation 
16imposed under this subsection (a-15) terminates on the earliest 
17of: (i) July 1, 2007, (ii) the first day after the effective 
18date of this amendatory Act of the 94th General Assembly that 
19riverboat gambling operations are conducted pursuant to a 
20dormant license, (iii) the first day that riverboat gambling 
21operations are conducted under the authority of an owners 
22license that is in addition to the 10 owners licenses initially 
23authorized under this Act, or (iv) the first day that a 
24licensee under the Illinois Horse Racing Act of 1975 conducts 
25gaming operations with slot machines or other electronic gaming 
26devices. The Board must reduce the obligation imposed under 
 
 
09800SB1739ham003- 96 -LRB098 10559 AMC 56939 a


1this subsection (a-15) by an amount the Board deems reasonable 
2for any of the following reasons: (A) an act or acts of God, 
3(B) an act of bioterrorism or terrorism or a bioterrorism or 
4terrorism threat that was investigated by a law enforcement 
5agency, or (C) a condition beyond the control of the owners 
6licensee that does not result from any act or omission by the 
7owners licensee or any of its agents and that poses a hazardous 
8threat to the health and safety of patrons. If an owners 
9licensee pays an amount in excess of its liability under this 
10Section, the Board shall apply the overpayment to future 
11payments required under this Section.
12 For purposes of this subsection (a-15):
13 "Act of God" means an incident caused by the operation of 
14an extraordinary force that cannot be foreseen, that cannot be 
15avoided by the exercise of due care, and for which no person 
16can be held liable.

17 "Base amount" means the following:
18  For a riverboat in Alton, $31,000,000.

19  For a riverboat in East Peoria, $43,000,000.

20  For the Empress riverboat in Joliet, $86,000,000.

21  For a riverboat in Metropolis, $45,000,000.

22  For the Harrah's riverboat in Joliet, $114,000,000.

23  For a riverboat in Aurora, $86,000,000.

24  For a riverboat in East St. Louis, $48,500,000.

25  For a riverboat in Elgin, $198,000,000.

26 "Dormant license" has the meaning ascribed to it in 
 
 
09800SB1739ham003- 97 -LRB098 10559 AMC 56939 a


1subsection (a-3).

2 "Net privilege tax" means all privilege taxes paid by a 
3licensed owner to the Board under this Section, less all 
4payments made from the State Gaming Fund pursuant to subsection 
5(b) of this Section.
6 The changes made to this subsection (a-15) by Public Act 
794-839 are intended to restate and clarify the intent of Public 
8Act 94-673 with respect to the amount of the payments required 
9to be made under this subsection by an owners licensee to the 
10Board.

11 (b) From Until January 1, 1998, 25% of the tax revenue 
12deposited in the State
Gaming Fund under this Section shall be 
13paid, subject to appropriation by the
General Assembly, to the 
14unit of local government which is designated as the
home dock 
15of the riverboat. Beginning January 1, 1998, from the tax 
16revenue from owners licenses issued under Section 7 of this Act 
17that
deposited in the State Gaming Fund under this Section, an 
18amount equal to 5% of
adjusted gross receipts generated by a 
19riverboat shall be paid monthly, subject
to appropriation by 
20the General Assembly, to the unit of local government that
is 
21designated as the home dock of the riverboat. From the tax 
22revenue
deposited in the State Gaming Fund pursuant to 
23riverboat gambling operations
conducted by a licensed manager 
24on behalf of the State under Section 7.3 of this Act, an amount 
25equal to 5%
of adjusted gross receipts generated pursuant to 
26those riverboat gambling
operations shall be paid monthly,

 
 
09800SB1739ham003- 98 -LRB098 10559 AMC 56939 a


1subject to appropriation by the General Assembly, to the unit 
2of local
government that is designated as the home dock of the 
3riverboat upon which
those riverboat gambling operations are 
4conducted.

5 (c) Appropriations, as approved by the General Assembly, 
6may be made
from the State Gaming Fund to the Board (i) for the 
7administration and enforcement of this Act and the Video Gaming 
8Act, (ii) for distribution to the Department of State Police 
9and to the Department of Revenue for the enforcement of this 
10Act, and (iii) to the
Department of Human Services for the 
11administration of programs to treat
problem gambling.

12 (c-5) Before May 26, 2006 (the effective date of Public Act 
1394-804) and beginning on the effective date of this amendatory 
14Act of the 95th General Assembly, unless any organization 
15licensee under the Illinois Horse Racing Act of 1975 begins to 
16operate a slot machine or video game of chance under the 
17Illinois Horse Racing Act of 1975 or this Act, after the 
18payments required under subsections (b) and (c) have been
made, 
19an amount equal to 15% of the adjusted gross receipts of (1) an 
20owners
licensee that relocates pursuant to Section 11.2,
(2) an 
21owners licensee
conducting riverboat gambling operations

22pursuant to an
owners license that is initially issued after 
23June
25, 1999,
or (3) the first
riverboat gambling operations 
24conducted by a licensed manager on behalf of the
State under 
25Section 7.3,
whichever comes first, shall be paid from the 
26State
Gaming Fund into the Horse Racing Equity Fund.

 
 
09800SB1739ham003- 99 -LRB098 10559 AMC 56939 a


1 (c-10) Each year the General Assembly shall appropriate 
2from the General
Revenue Fund to the Education Assistance Fund 
3an amount equal to the amount
paid into the Horse Racing Equity 
4Fund pursuant to subsection (c-5) in the
prior calendar year.

5 (c-15) After the payments required under subsections (b), 
6(c), and (c-5)
have been made, an amount equal to 2% of the 
7adjusted gross receipts of (1)
an owners licensee that 
8relocates pursuant to Section 11.2, (2) an owners
licensee 
9conducting riverboat gambling operations pursuant to
an
owners 
10license that is initially issued after June 25, 1999,
or (3) 
11the first
riverboat gambling operations conducted by a licensed 
12manager on behalf of the
State under Section 7.3,
whichever 
13comes first, shall be paid, subject to appropriation
from the 
14General Assembly, from the State Gaming Fund to each home rule

15county with a population of over 3,000,000 inhabitants for the 
16purpose of
enhancing the county's criminal justice system.

17 (c-20) Each year the General Assembly shall appropriate 
18from the General
Revenue Fund to the Education Assistance Fund 
19an amount equal to the amount
paid to each home rule county 
20with a population of over 3,000,000 inhabitants
pursuant to 
21subsection (c-15) in the prior calendar year.

22 (c-25) On July 1, 2013 and each July 1 thereafter, 
23$1,600,000 shall be transferred from the State Gaming Fund to 
24the Chicago State University Education Improvement Fund.

25 (c-30) On July 1, 2013 or as soon as possible thereafter, 
26$92,000,000 shall be transferred from the State Gaming Fund to 
 
 
09800SB1739ham003- 100 -LRB098 10559 AMC 56939 a


1the School Infrastructure Fund and $23,000,000 shall be 
2transferred from the State Gaming Fund to the Horse Racing 
3Equity Fund. 
4 (c-35) Beginning on July 1, 2013, in addition to any amount 
5transferred under subsection (c-30) of this Section, 
6$5,530,000 shall be transferred monthly from the State Gaming 
7Fund to the School Infrastructure Fund. 
8 (c-40) Revenues from the gambling operation operated by a 
9licensed manager on behalf of the State pursuant to Section 
107.3a deposited into the State Gaming Fund shall be distributed 
11as follows:
12  (1) reimbursement of any construction costs of the 
13 gambling facility, including debt service on any bonds 
14 issued for that purpose, shall be made to the Capital 
15 Development Board;
16  (2) any amounts due to the licensed manager of the 
17 gambling operation shall be paid in accordance with the 
18 terms of any agreement made with the managers licensee 
19 under Section 7.4 of this Act and during the competitive 
20 bidding process under Section 7.5 of this Act;
21  (3) $5,000,000 shall be paid annually, subject to 
22 appropriation, to the Department of Human Services for the 
23 administration of programs to treat problem gambling; and
24  (4) the remainder of amounts deposited shall be 
25 distributed as follows:
26   (A) an amount equal to 50% of the remainder shall 
 
 
09800SB1739ham003- 101 -LRB098 10559 AMC 56939 a


1 be distributed as follows:
2    (i) an amount equal to 2%, at least $8,000,000 
3 annually, shall be distributed to Cook County to be 
4 used for capital expenditures or public pension 
5 payments, or both;
6    (ii) an amount equal to 1 1/2%, at least 
7 $6,000,000 annually, shall be distributed (A) in 
8 accordance with a regional capital development 
9 plan entered into by the following communities: 
10 Village of Beecher, City of Blue Island, Village of 
11 Burnham, Calumet City, Village of Calumet Park, 
12 City of Chicago Heights, City of County Club Hills, 
13 Village of Dixmoor, Village of Dolton, Village of 
14 East Hazel Crest, Village of Flossmoor, Village of 
15 Ford Heights, Village of Glenwood, City of Harvey, 
16 Village of Hazel Crest, Village of Homewood, 
17 Village of Lansing, Village of Lynwood, City of 
18 Markham, Village of Matteson, Village of 
19 Midlothian, City of Oak Forest, Village of Olympia 
20 Fields, Village of Orland Hills, Village of Orland 
21 Park, City of Palos Heights, Village of Park 
22 Forest, Village of Phoenix, Village of Posen, 
23 Village of Richton Park, Village of Riverdale, 
24 Village of Robbins, Village of Sauk Village, 
25 Village of South Chicago Heights, Village of South 
26 Holland, Village of Steger, Village of Thornton, 
 
 
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1 and Village of Tinley Park or (B) if no regional 
2 capital development plan exists, equally among the 
3 communities listed in item (A) of this subdivision 
4 (ii) to be used for capital expenditures or public 
5 pension payments, or both; and
6    (iii) the remainder shall be distributed to 
7 the City of Chicago to be used for capital 
8 expenditures, public pension payments, or 
9 education purposes, or any combination thereof; if 
10 used for education purposes, moneys must be 
11 allocated on a per-student basis;
12   (B) an amount equal to 25% of the remainder shall 
13 be appropriated each month to the State Board of 
14 Education to be used for grants to school districts by 
15 the State Board of Education in amounts determined as 
16 follows: the total amount appropriated to the State 
17 Board of Education divided by the number of students in 
18 the State outside of City of Chicago School District 
19 299 and then multiplied by the number of students in 
20 the school district, based on average daily attendance 
21 in that district; moneys distributed under this item 
22 (B) shall be in addition to and not in lieu of other 
23 moneys provided to school districts by the State; and
24   (C) an amount equal to 25% of the remainder shall 
25 be transferred monthly into the State Construction 
26 Account Fund. 
 
 
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1 (d) From time to time, the
Board shall transfer the 
2remainder of the funds
generated by this Act into the Education

3Assistance Fund, created by Public Act 86-0018, of the State of 
4Illinois.

5 (e) Nothing in this Act shall prohibit the unit of local 
6government
designated as the home dock of the riverboat from 
7entering into agreements
with other units of local government 
8in this State or in other states to
share its portion of the 
9tax revenue.

10 (f) To the extent practicable, the Board shall administer 
11and collect the
wagering taxes imposed by this Section in a 
12manner consistent with the
provisions of Sections 4, 5, 5a, 5b, 
135c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
6c, 8, 9, and 10 of the 
14Retailers' Occupation Tax Act and Section 3-7 of the
Uniform 
15Penalty and Interest Act.

16(Source: P.A. 98-18, eff. 6-7-13.)





17 (230 ILCS 10/14) (from Ch. 120, par. 2414)



18 Sec. 14. Licensees - Records - Reports - Supervision. 

19 (a) Licensed owners or, in the case of the gambling 
20operation operated by a licensed manager on behalf of the 
21State, the licensed manager A licensed owner shall keep his 
22books and records so as to clearly
show the following:

23 (1) The amount received daily from admission fees.

24 (2) The total amount of gross receipts.

25 (3) The total amount of the adjusted gross receipts.

 
 
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1 (b) Licensed owners or, in the case of the gambling 
2operation operated by a licensed manager on behalf of the 
3State, the licensed manager The licensed owner shall furnish to 
4the Board reports and information as
the Board may require with 
5respect to its activities on forms designed and
supplied for 
6such purpose by the Board.

7 (c) The books and records kept by a licensed owner as 
8provided by this Section are
public records and the 
9examination, publication, and dissemination of the
books and 
10records are governed by the provisions of The Freedom of 
11Information Act.

12(Source: P.A. 86-1029.)





13 (230 ILCS 10/15) (from Ch. 120, par. 2415)


14 Sec. 15. Audit of Licensee Operations. Annually, the 
15licensed owner or manager shall
transmit to the Board an audit 
16of the financial transactions
and condition of the licensee's 
17or manager's total operations. Additionally, within 90 days 
18after the end of each quarter of each fiscal year, the licensed 
19owner or manager shall transmit to the Board a compliance 
20report on engagement procedures determined by the Board. All 
21audits and compliance engagements shall be
conducted by 
22certified public accountants selected by the Board. Each

23certified public accountant must be registered in the State of

24Illinois under the Illinois Public Accounting Act.
The 
25compensation for each certified public accountant shall be paid

 
 
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1directly by the licensed owner or manager to the certified 
2public
accountant.

3(Source: P.A. 96-1392, eff. 1-1-11.)





4 (230 ILCS 10/18) (from Ch. 120, par. 2418)



5 Sec. 18. Prohibited Activities - Penalty. 

6 (a) A person is guilty of a Class A misdemeanor for doing 
7any of the
following:


8  (1) Conducting gambling where wagering
is used or to be 
9 used
without a license issued by the Board.


10  (2) Conducting gambling where wagering
is permitted 
11 other
than in the manner specified by Section 11.

12 (b) A person is guilty of a Class B misdemeanor for doing 
13any of the
following:


14  (1) permitting a person under 21 years to make a wager; 
15 or


16  (2) violating paragraph (12) of subsection (a) of 
17 Section 11 of this Act.

18 (c) A person wagering or accepting a wager at any location 
19outside the
riverboat or casino in violation of paragraph is 
20subject to the penalties in paragraphs (1) or (2) of
subsection 
21(a) of Section 28-1 of the Criminal Code of 2012 is subject to 
22the penalties provided in that Section.

23 (d) A person commits a Class 4 felony and, in addition, 
24shall be barred
for life from gambling operations riverboats 
25under the jurisdiction of the
Board, if the person does any of 
 
 
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1the following:


2  (1) Offers, promises, or gives anything of value or 
3 benefit to a person
who is connected with a riverboat or 
4 casino owner including, but
not limited to, an officer or 
5 employee of a licensed owner or holder of an
occupational 
6 license pursuant to an agreement or arrangement or with the

7 intent that the promise or thing of value or benefit will 
8 influence the
actions of the person to whom the offer, 
9 promise, or gift was made in order
to affect or attempt to 
10 affect the outcome of a gambling game, or to
influence 
11 official action of a member of the Board.


12  (2) Solicits or knowingly accepts or receives a promise 
13 of anything of
value or benefit while the person is 
14 connected with a riverboat or casino,
including, but not 
15 limited to, an officer or employee of a licensed owner,
or 
16 the holder of an occupational license, pursuant to an 
17 understanding or
arrangement or with the intent that the 
18 promise or thing of value or
benefit will influence the 
19 actions of the person to affect or attempt to
affect the 
20 outcome of a gambling game, or to influence official action 
21 of a
member of the Board.


22  (3) Uses or possesses with the intent to use a device 
23 to assist:


24   (i) In projecting the outcome of the game.


25   (ii) In keeping track of the cards played.


26   (iii) In analyzing the probability of the 
 
 
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1 occurrence of an event
relating to the gambling game.


2   (iv) In analyzing the strategy for playing or 
3 betting to be used in the
game except as permitted by 
4 the Board.


5  (4) Cheats at a gambling game.


6  (5) Manufactures, sells, or distributes any cards, 
7 chips, dice, game or
device which is intended to be used to 
8 violate any provision of this Act.


9  (6) Alters or misrepresents the outcome of a gambling 
10 game on which
wagers have been made after the outcome is 
11 made sure but before it is
revealed to the players.


12  (7) Places a bet after acquiring knowledge, not 
13 available to all players,
of the outcome of the gambling 
14 game which is subject of the bet or to aid a
person in 
15 acquiring the knowledge for the purpose of placing a bet

16 contingent on that outcome.


17  (8) Claims, collects, or takes, or attempts to claim, 
18 collect, or take,
money or anything of value in or from the 
19 gambling games, with intent to
defraud, without having made 
20 a wager contingent on winning a gambling game,
or claims, 
21 collects, or takes an amount of money or thing of value of

22 greater value than the amount won.


23  (9) Uses counterfeit chips or tokens in a gambling 
24 game.


25  (10) Possesses any key or device designed for the 
26 purpose of opening,
entering, or affecting the operation of 
 
 
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1 a gambling game, drop box, or an
electronic or mechanical 
2 device connected with the gambling game or for
removing 
3 coins, tokens, chips or other contents of a gambling game. 
4 This
paragraph (10) does not apply to a gambling licensee 
5 or employee of a
gambling licensee acting in furtherance of 
6 the employee's employment.

7 (e) The possession of more than one of the devices 
8described in
subsection (d), paragraphs (3), (5), or (10) 
9permits a rebuttable
presumption that the possessor intended to 
10use the devices for cheating.

11 (f) A person under the age of 21 who, except as authorized 
12under paragraph (10) of Section 11, enters upon a riverboat or 
13in a casino commits a petty offense and is subject to a fine of 
14not less than $100 or more than $250 for a first offense and of 
15not less than $200 or more than $500 for a second or subsequent 
16offense. 
17 An action to prosecute any crime occurring on a riverboat

18shall be tried in the county of the dock at which the riverboat 
19is based. An action to prosecute any crime occurring in a 
20casino shall be tried in the county in which the casino is 
21located.

22(Source: P.A. 96-1392, eff. 1-1-11; 97-1150, eff. 1-25-13.)


23 (230 ILCS 10/18.1)
24 Sec. 18.1. Distribution of certain fines. If a fine is 
25imposed on an owner licensee for knowingly sending marketing or 
 
 
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1promotional materials to any person placed on the 
2self-exclusion list, then the Board shall distribute an amount 
3equal to 15% of the fine imposed to the unit of local 
4government in which the riverboat or casino is located for the 
5purpose of awarding grants to non-profit entities that assist 
6gambling addicts.

7(Source: P.A. 96-224, eff. 8-11-09.)

8 (230 ILCS 10/18.2 new)
9 Sec. 18.2. Prohibition on political contributions from 
10certain licensees and applicants. 
11 (a) The General Assembly has a compelling interest in 
12protecting the integrity of both the electoral process and the 
13legislative process by preventing corruption and the 
14appearance of corruption which may arise through permitting 
15certain political campaign contributions by certain persons 
16involved in the gaming industry and regulated by the State. 
17Unlike most other regulated industries, gaming is especially 
18susceptible to corruption and potential criminal influence.
19 In Illinois, only licensed gaming activities are legal and 
20all other gaming activities are strictly prohibited. Given 
21these circumstances, it is imperative to eliminate any 
22potential corrupt influence in
the gaming industry and the 
23electoral process. Banning political campaign contributions by 
24certain persons subject to this Section to State officeholders 
25and candidates for such offices and to county and municipal 
 
 
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1officeholders and candidates for such offices in counties and 
2municipalities that receive financial benefits from gaming 
3activities is necessary to prevent corruption and the 
4appearance of corruption that may arise when political campaign 
5contributions and gaming that is regulated by the State and 
6that confers benefits on counties and municipalities are 
7intermingled.
8 The General Assembly has prohibited political campaign 
9contributions to certain State and local officeholders and 
10candidates for such offices by certain persons with State of 
11Illinois and Metropolitan Pier and Exposition Authority 
12contracts and pending bids or proposals for contracts of over 
13$50,000 and certain individuals and entities affiliated with 
14such persons. Certain gaming licensees will receive receipts 
15far in excess of the base level of contract amounts subject to 
16such other campaign contribution prohibitions.
17 (b) As used in this Section:
18 "Affiliated entity" means (i) any corporate parent and each 
19operating subsidiary of the business entity applying for or 
20holding a license, (ii) each operating subsidiary of the 
21corporate parent of the business entity applying for or holding 
22a license, (iii) any organization recognized by the United 
23States
Internal Revenue Service as a tax-exempt organization 
24described in Section 501(c) of the Internal
Revenue Code of 
251986 (or any successor provision of federal tax law) 
26established by one or more business entities seeking or holding 
 
 
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1a license, any affiliated entity of such business entity, or 
2any affiliated person of such business entity, and (iv) any 
3political committee for which the business entity applying for 
4or holding a license, or any 501(c) organization described in 
5item (iii) related to that business entity, is the sponsoring 
6entity, as defined in Section 9-3 of the Election Code. For 
7purposes of item (iv), the funding of all business entities 
8applying for or holding a license shall be aggregated in 
9determining whether such political committee is an affiliated 
10entity.
11 "Affiliated person" means (i) any person with any ownership 
12interest or distributive share in excess of 1% of any business 
13entity applying for or holding a license, (ii) executive 
14employees of any such business entity, (iii) any person 
15designated as a key person under this Act, and
(iv) the spouse 
16of such persons.
17 "Contribution" means a contribution as defined in Section 
189-1.4 of the Election Code.
19 "Declared candidate" means a person who has filed a 
20statement of candidacy and petition for nomination or election 
21in the principal office of the State Board of Elections, or in 
22the office of the appropriate election authority for any county 
23or municipality in which a casino or electronic gaming device 
24is located or proposed or which receives any gaming revenue.
25 "Executive employee" means any person who is (i) an officer 
26or director or who fulfills duties equivalent to those of an 
 
 
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1officer or director of a business entity applying for or 
2holding a license and (ii) any employee of such business entity 
3who is required to register under the Lobbyist Registration 
4Act.
5 "License" means any owners license issued pursuant to 
6Section 7 of this Act or managers license issued pursuant to 
7Section 7.4 of this Act.
8 "Officeholder" means the Governor, Lieutenant Governor, 
9Attorney General, Secretary of State,
Comptroller, Treasurer, 
10member of the General Assembly, or any officeholder in any 
11county or municipality in which a riverboat, casino, or 
12electronic gaming device is located or proposed or which 
13receives any gaming revenue.
14 "Business entity" means any entity doing business for 
15profit, whether organized as a corporation, partnership, sole 
16proprietorship, limited liability company, or partnership or 
17otherwise.
18 (c) Any person or business entity applying for or holding a 
19license, any affiliated entities or persons of such business 
20entity, and any entities or persons soliciting a contribution 
21or causing a contribution to be made on behalf of such person 
22or business entity, are prohibited from making any contribution 
23to any officeholder or declared candidate or any political 
24committee affiliated with any officeholder or declared 
25candidate, as defined in Section 9-1.8 of the Election Code. 
26This prohibition shall commence upon filing of an application 
 
 
09800SB1739ham003- 113 -LRB098 10559 AMC 56939 a


1for a license and shall continue for a period of 2 years after 
2termination, suspension, or revocation of the license.
3 The Board shall have authority to suspend, revoke, or 
4restrict the license and to impose civil penalties of up to 
5$100,000 for each violation of this subsection (c). A notice of 
6each such violation and the penalty imposed shall be published 
7on the Board's website and in the Illinois Register. Payments 
8received by the State pursuant to this subsection (c) shall be 
9deposited into the General Revenue Fund.
10 Any officeholder or declared candidate or any political 
11committee affiliated with any officeholder or declared 
12candidate that has received a contribution in violation of this 
13subsection (c) shall pay an amount equal to the value of the 
14contribution to the State no more than 30 days after notice of 
15the violation concerning the contribution appears in the 
16Illinois Register. Payments received by the State pursuant to 
17this subsection (c) shall be deposited into the General Revenue 
18Fund.
19 (d) The Board shall post on its website a list of all 
20persons, business entities, and affiliated entities prohibited 
21from making contributions to any officeholder or declared 
22candidate political committee pursuant to subsection (c), 
23which list shall be updated and published on, at a minimum, a 
24semiannual basis.
25 Any person, business entity, or affiliated entity 
26prohibited from making contributions to any officeholder or 
 
 
09800SB1739ham003- 114 -LRB098 10559 AMC 56939 a


1declared candidate political committee pursuant to subsection 
2(c) shall notify the Board within 7 days after discovering any 
3necessary change or addition to the information relating to 
4that person, business entity, or affiliated entity contained in 
5the list.
6 An individual who acts in good faith and in reliance on any 
7information contained in the list shall not be subject to any 
8penalties or liability imposed for a violation of this Section.
9 (e) If any provision of this Section is held invalid or its 
10application to any person or circumstance is held invalid, the 
11invalidity of that provision or application does not affect the 
12other provisions or applications of this Section that can be 
13given effect without the invalid application or provision.




14 (230 ILCS 10/19) (from Ch. 120, par. 2419)



15 Sec. 19. Forfeiture of property. 
16 (a) Except as provided in
subsection (b), any riverboat or 
17casino
used for the conduct of gambling games in violation of 
18this Act shall be
considered a gambling place in violation of 
19Section 28-3 of the Criminal
Code of 2012. Every gambling 
20device found on
a riverboat or in a casino operating gambling 
21games in violation of this
Act shall be subject to seizure, 
22confiscation and destruction as provided
in Section 28-5 of the 
23Criminal Code of 2012.

24 (b) It is not a violation of this Act for a riverboat or 
25other
watercraft which is licensed for gaming by a contiguous 
 
 
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1state to dock on
the shores of this State if the municipality 
2having jurisdiction of the
shores, or the county in the case of 
3unincorporated areas, has granted
permission for docking and no 
4gaming is conducted on the riverboat or other
watercraft while 
5it is docked on the shores of this State.
No gambling device 
6shall be subject to seizure, confiscation or
destruction if the 
7gambling device is located on a riverboat or other
watercraft 
8which is licensed for gaming by a contiguous state and which is

9docked on the shores of this State if the municipality having 
10jurisdiction
of the shores, or the county in the case of 
11unincorporated areas, has
granted permission for docking and no

12gaming is conducted on the riverboat or other watercraft while 
13it is docked on
the shores of this State.

14(Source: P.A. 97-1150, eff. 1-25-13.)





15 (230 ILCS 10/20) (from Ch. 120, par. 2420)



16 Sec. 20. Prohibited activities - civil penalties. Any 
17person who
conducts a gambling operation without first 
18obtaining a
license to do so, or who continues to conduct such 
19games after revocation
of his license, or any licensee who 
20conducts or allows to be
conducted any unauthorized gambling 
21games on a riverboat or in a casino where it is
authorized to 
22conduct its riverboat gambling operation, in addition to
other 
23penalties provided, shall be subject to a civil penalty equal 
24to the
amount of gross receipts derived from wagering on the 
25gambling games,
whether unauthorized or authorized, conducted 
 
 
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1on that day as well as
confiscation and forfeiture of all 
2gambling game equipment used in the
conduct of unauthorized 
3gambling games.

4(Source: P.A. 86-1029.)


5 (230 ILCS 10/24)

6 Sec. 24. Applicability of this Illinois Riverboat Gambling 
7Act. The provisions of the this Illinois Riverboat Gambling 
8Act, and all rules promulgated thereunder, shall apply to the 
9Video Gaming Act, except where there is a conflict between the 
102 Acts. 

11(Source: P.A. 96-37, eff. 7-13-09.)

12 Section 45. The Video Gaming
Act is amended by changing 
13Sections 5, 25, 45, 79, and 80 and by adding Section 81 as 
14follows:



15 (230 ILCS 40/5)


16 Sec. 5. Definitions.  As used in this Act:

17 "Board" means the Illinois Gaming Board.

18 "Credit" means one, 5, 10, or 25 cents either won or 
19purchased by a player.

20 "Distributor" means an individual, partnership, 
21corporation, or limited liability company licensed under
this 
22Act to buy, sell, lease, or distribute video gaming terminals 
23or major
components or parts of video gaming terminals to or 
 
 
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1from terminal
operators.

2 "Electronic card" means a card purchased from a licensed 
3establishment, licensed fraternal establishment, licensed 
4veterans establishment, or licensed truck stop establishment 
5for use in that establishment as a substitute for cash in the 
6conduct of gaming on a video gaming terminal. 
7 "Electronic voucher" means a voucher printed by an 
8electronic video game machine that is redeemable in the 
9licensed establishment for which it was issued. 
10 "Terminal operator" means an individual, partnership, 
11corporation, or limited liability company that is
licensed 
12under this Act and that owns, services, and maintains video

13gaming terminals for placement in licensed establishments, 
14licensed truck stop establishments, licensed fraternal

15establishments, or licensed veterans establishments.

16 "Licensed technician" means an individual
who
is licensed 
17under this Act to repair,
service, and maintain
video gaming 
18terminals.

19 "Licensed terminal handler" means a person, including but 
20not limited to an employee or independent contractor working 
21for a manufacturer, distributor, supplier, technician, or 
22terminal operator, who is licensed under this Act to possess or 
23control a video gaming terminal or to have access to the inner 
24workings of a video gaming terminal. A licensed terminal 
25handler does not include an individual, partnership, 
26corporation, or limited liability company defined as a 
 
 
09800SB1739ham003- 118 -LRB098 10559 AMC 56939 a


1manufacturer, distributor, supplier, technician, or terminal 
2operator under this Act. 
3 "Manufacturer" means an individual, partnership, 
4corporation, or limited liability company that is
licensed 
5under this Act and that manufactures or assembles video gaming

6terminals.

7 "Supplier" means an individual, partnership, corporation, 
8or limited liability company that is
licensed under this Act to 
9supply major components or parts to video gaming
terminals to 
10licensed
terminal operators.

11 "Net terminal income" means money put into a video gaming 
12terminal minus
credits paid out to players.

13 "Video gaming terminal" means any electronic video game 
14machine
that, upon insertion of cash, electronic cards or 
15vouchers, or any combination thereof, electronic voucher, or 
16any combination thereof, is available to play or simulate the 
17play of
a video game, including but not limited to video poker, 
18line up, and blackjack, as
authorized by the Board utilizing a 
19video display and microprocessors in
which the player may 
20receive free games or credits that can be
redeemed for cash. 
21The term does not include a machine that directly
dispenses 
22coins, cash, or tokens or is for amusement purposes only.

23 "Licensed establishment" means any licensed retail 
24establishment where
alcoholic liquor is drawn, poured, mixed, 
25or otherwise served for consumption
on the premises, whether 
26the establishment operates on a nonprofit or for-profit basis. 
 
 
09800SB1739ham003- 119 -LRB098 10559 AMC 56939 a


1"Licensed establishment" includes any such establishment that 
2has a contractual relationship with an inter-track wagering 
3location licensee licensed under the Illinois Horse Racing Act 
4of 1975, provided any contractual relationship shall not 
5include any transfer or offer of revenue from the operation of 
6video gaming under this Act to any licensee licensed under the 
7Illinois Horse Racing Act of 1975. Provided, however, that the 
8licensed establishment that has such a contractual 
9relationship with an inter-track wagering location licensee 
10may not, itself, be (i) an inter-track wagering location 
11licensee, (ii) the corporate parent or subsidiary of any 
12licensee licensed under the Illinois Horse Racing Act of 1975, 
13or (iii) the corporate subsidiary of a corporation that is also 
14the corporate parent or subsidiary of any licensee licensed 
15under the Illinois Horse Racing Act of 1975. "Licensed 
16establishment" does not include a facility operated by an 
17organization licensee, an inter-track wagering licensee, or an 
18inter-track wagering location licensee licensed under the 
19Illinois Horse Racing Act of 1975 or a riverboat licensed under 
20the Illinois Riverboat Gambling Act, except as provided in this 
21paragraph. The changes made to this definition by Public Act 
2298-587 this amendatory Act of the 98th General Assembly are 
23declarative of existing law.

24 "Licensed fraternal establishment" means the location 
25where a qualified
fraternal organization that derives its 
26charter from a national fraternal
organization regularly 
 
 
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1meets.

2 "Licensed veterans establishment" means the location where 
3a qualified
veterans organization that derives its charter from 
4a national veterans
organization regularly meets.

5 "Licensed truck stop establishment" means a facility (i) 
6that is at least a
3-acre facility with a convenience store, 
7(ii) with separate diesel
islands for fueling commercial motor 
8vehicles, (iii) that sells at retail more than 10,000 gallons 
9of diesel or biodiesel fuel per month, and (iv) with parking 
10spaces for commercial
motor vehicles. "Commercial motor 
11vehicles" has the same meaning as defined in Section 18b-101 of 
12the Illinois Vehicle Code. The requirement of item (iii) of 
13this paragraph may be met by showing that estimated future 
14sales or past sales average at least 10,000 gallons per month. 

15(Source: P.A. 97-333, eff. 8-12-11; 98-31, eff. 6-24-13; 
1698-582, eff. 8-27-13; 98-587, eff. 8-27-13; revised 9-19-13.)




17 (230 ILCS 40/25)


18 Sec. 25. Restriction of licensees.

19 (a) Manufacturer. A person may not be licensed as a 
20manufacturer of a
video gaming terminal in Illinois unless the 
21person has a valid
manufacturer's license issued
under this 
22Act. A manufacturer may only sell video gaming terminals for 
23use
in Illinois to
persons having a valid distributor's 
24license.

25 (b) Distributor. A person may not sell, distribute, or 
 
 
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1lease
or market a video gaming terminal in Illinois unless the 
2person has a valid
distributor's
license issued under this Act. 
3A distributor may only sell video gaming
terminals for use in

4Illinois to persons having a valid distributor's or terminal 
5operator's
license.

6 (c) Terminal operator. A person may not own, maintain, or 
7place a video gaming terminal unless he has a valid terminal 
8operator's
license issued
under this Act. A terminal operator 
9may only place video gaming terminals for
use in
Illinois in 
10licensed establishments, licensed truck stop establishments, 
11licensed fraternal establishments,
and
licensed veterans 
12establishments.
No terminal operator may give anything of 
13value, including but not limited to
a loan or financing 
14arrangement, to a licensed establishment, licensed truck stop 
15establishment,
licensed fraternal establishment, or licensed 
16veterans establishment as
any incentive or inducement to locate 
17video terminals in that establishment.
Of the after-tax profits

18from a video gaming terminal, 50% shall be paid to the terminal

19operator and 50% shall be paid to the licensed establishment, 
20licensed truck stop establishment,
licensed fraternal 
21establishment, or
licensed veterans establishment, 
22notwithstanding any agreement to the contrary.
A video terminal 
23operator that violates one or more requirements of this 
24subsection is guilty of a Class 4 felony and is subject to 
25termination of his or her license by the Board. 

26 (d) Licensed technician. A person may not service, 
 
 
09800SB1739ham003- 122 -LRB098 10559 AMC 56939 a


1maintain, or repair a
video gaming terminal
in this State 
2unless he or she (1) has a valid technician's license issued

3under this Act, (2) is a terminal operator, or (3) is employed 
4by a terminal
operator, distributor, or manufacturer.

5 (d-5) Licensed terminal handler. No person, including, but 
6not limited to, an employee or independent contractor working 
7for a manufacturer, distributor, supplier, technician, or 
8terminal operator licensed pursuant to this Act, shall have 
9possession or control of a video gaming terminal, or access to 
10the inner workings of a video gaming terminal, unless that 
11person possesses a valid terminal handler's license issued 
12under this Act. 
13 (e) Licensed establishment. No video gaming terminal may be 
14placed in any licensed establishment, licensed veterans 
15establishment, licensed truck stop establishment,
or licensed 
16fraternal establishment
unless the owner
or agent of the owner 
17of the licensed establishment, licensed veterans 
18establishment, licensed truck stop establishment, or licensed

19fraternal establishment has entered into a
written use 
20agreement with the terminal operator for placement of the

21terminals. A copy of the use agreement shall be on file in the 
22terminal
operator's place of business and available for 
23inspection by individuals
authorized by the Board. A licensed 
24establishment, licensed truck stop establishment, licensed 
25veterans establishment,
or
licensed
fraternal
establishment 
26may operate up to 5 video gaming terminals on its premises at 
 
 
09800SB1739ham003- 123 -LRB098 10559 AMC 56939 a


1any
time.

2 (f) (Blank).

3 (g) Financial interest restrictions.
As used in this Act, 
4"substantial interest" in a partnership, a corporation, an

5organization, an association, a business, or a limited 
6liability company means:


7  (A) When, with respect to a sole proprietorship, an 
8 individual or
his or her spouse owns, operates, manages, or 
9 conducts, directly
or indirectly, the organization, 
10 association, or business, or any part thereof;
or


11  (B) When, with respect to a partnership, the individual 
12 or his or
her spouse shares in any of the profits, or 
13 potential profits,
of the partnership activities; or


14  (C) When, with respect to a corporation, an individual 
15 or his or her
spouse is an officer or director, or the 
16 individual or his or her spouse is a holder, directly or 
17 beneficially, of 5% or more of any class
of stock of the 
18 corporation; or


19  (D) When, with respect to an organization not covered 
20 in (A), (B) or
(C) above, an individual or his or her 
21 spouse is an officer or manages the
business affairs, or 
22 the individual or his or her spouse is the
owner of or 
23 otherwise controls 10% or more of the assets of the 
24 organization;
or


25  (E) When an individual or his or her spouse furnishes

26 5% or more of the capital, whether in cash, goods, or 
 
 
09800SB1739ham003- 124 -LRB098 10559 AMC 56939 a


1 services, for the
operation of any business, association, 
2 or organization during any calendar
year; or
3  (F) When, with respect to a limited liability company, 
4 an individual or his or her
spouse is a member, or the 
5 individual or his or her spouse is a holder, directly or 
6 beneficially, of 5% or more of the membership interest of 
7 the limited liability company. 

8 For purposes of this subsection (g), "individual" includes 
9all individuals or their spouses whose combined interest would 
10qualify as a substantial interest under this subsection (g) and 
11whose activities with respect to an organization, association, 
12or business are so closely aligned or coordinated as to 
13constitute the activities of a single entity. 
14 (h) Location restriction. A licensed establishment, 
15licensed truck stop establishment, licensed
fraternal

16establishment, or licensed veterans establishment that is (i) 
17located within 1,000
feet of a facility operated by an 
18organization licensee licensed under the Illinois Horse Racing 
19Act of 1975 or a casino or the home dock of a riverboat 
20licensed under the Illinois Riverboat
Gambling Act or (ii) 
21located within 100 feet of a school or a place of worship under 
22the Religious Corporation Act, is ineligible to operate a video 
23gaming terminal. The location restrictions in this subsection 
24(h) do not apply if (A) a facility operated by an organization 
25licensee, a school, or a place of worship moves to or is 
26established within the restricted area after a licensed 
 
 
09800SB1739ham003- 125 -LRB098 10559 AMC 56939 a


1establishment, licensed truck stop establishment, licensed 
2fraternal establishment, or licensed veterans establishment 
3becomes licensed under this Act or (B) a school or place of 
4worship moves to or is established within the restricted area 
5after a licensed establishment, licensed truck stop 
6establishment, licensed fraternal establishment, or licensed 
7veterans establishment obtains its original liquor license. 
8For the purpose of this subsection, "school" means an 
9elementary or secondary public school, or an elementary or 
10secondary private school registered with or recognized by the 
11State Board of Education.
12 Notwithstanding the provisions of this subsection (h), the 
13Board may waive the requirement that a licensed establishment, 
14licensed truck stop establishment, licensed fraternal 
15establishment, or licensed veterans establishment not be 
16located within 1,000 feet from a facility operated by an 
17organization licensee or licensed under the Illinois Horse 
18Racing Act of 1975 or a casino or the home dock of a riverboat 
19licensed under the Illinois Riverboat Gambling Act. The Board 
20shall not grant such waiver if there is any common ownership or 
21control, shared business activity, or contractual arrangement 
22of any type between the establishment and the organization 
23licensee or owners licensee of a riverboat. The Board shall 
24adopt rules to implement the provisions of this paragraph.
25 (i) Undue economic concentration. In addition to 
26considering all other requirements under this Act, in deciding 
 
 
09800SB1739ham003- 126 -LRB098 10559 AMC 56939 a


1whether to approve the operation of video gaming terminals by a 
2terminal operator in a location, the Board shall consider the 
3impact of any economic concentration of such operation of video 
4gaming terminals. The Board shall not allow a terminal operator 
5to operate video gaming terminals if the Board determines such 
6operation will result in undue economic concentration. For 
7purposes of this Section, "undue economic concentration" means 
8that a terminal operator would have such actual or potential 
9influence over video gaming terminals in Illinois as to:
10  (1) substantially impede or suppress competition among 
11 terminal operators;
12  (2) adversely impact the economic stability of the 
13 video gaming industry in Illinois; or
14  (3) negatively impact the purposes of the Video Gaming 
15 Act.
16 The Board shall adopt rules concerning undue economic 
17concentration with respect to the operation of video gaming 
18terminals in Illinois. The rules shall include, but not be 
19limited to, (i) limitations on the number of video gaming 
20terminals operated by any terminal operator within a defined 
21geographic radius and (ii) guidelines on the discontinuation of 
22operation of any such video gaming terminals the Board 
23determines will cause undue economic concentration. 

24 (j) The provisions of the Illinois Antitrust Act are fully 
25and equally applicable to the activities of any licensee under 
26this Act. 

 
 
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1(Source: P.A. 97-333, eff. 8-12-11; 98-31, eff. 6-24-13; 98-77, 
2eff. 7-15-13; 98-112, eff. 7-26-13; revised 10-17-13.)




3 (230 ILCS 40/45)



4 Sec. 45. Issuance of license.

5 (a) The burden is upon each applicant to
demonstrate his 
6suitability for licensure. Each video gaming terminal

7manufacturer, distributor, supplier, operator, handler, 
8licensed establishment, licensed truck stop establishment, 
9licensed
fraternal
establishment, and licensed veterans 
10establishment shall be
licensed by the Board.
The Board may 
11issue or deny a license under this Act to any person pursuant 
12to the same criteria set forth in Section 9 of the Illinois 
13Riverboat Gambling Act. 

14 (a-5) The Board shall not grant a license to a person who 
15has facilitated, enabled, or participated in the use of 
16coin-operated devices for gambling purposes or who is under the 
17significant influence or control of such a person. For the 
18purposes of this Act, "facilitated, enabled, or participated in 
19the use of coin-operated amusement devices for gambling 
20purposes" means that the person has been convicted of any 
21violation of Article 28 of the Criminal Code of 1961 or the 
22Criminal Code of 2012. If there is pending legal action against 
23a person for any such violation, then the Board shall delay the 
24licensure of that person until the legal action is resolved. 
25 (b) Each person seeking and possessing a license as a video 
 
 
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1gaming terminal manufacturer, distributor, supplier, operator, 
2handler, licensed establishment, licensed truck stop 
3establishment, licensed fraternal establishment, or licensed 
4veterans establishment shall submit to a background 
5investigation conducted by the Board with the assistance of the 
6State Police or other law enforcement. To the extent that the 
7corporate structure of the applicant allows, the background 
8investigation shall include any or all of the following as the 
9Board deems appropriate or as provided by rule for each 
10category of licensure: (i) each beneficiary of a trust, (ii) 
11each partner of a partnership, (iii) each member of a limited 
12liability company, (iv) each director and officer of a publicly 
13or non-publicly held corporation, (v) each stockholder of a 
14non-publicly held corporation, (vi) each stockholder of 5% or 
15more of a publicly held corporation, or (vii) each stockholder 
16of 5% or more in a parent or subsidiary corporation.
17 (c) Each person seeking and possessing a license as a video 
18gaming terminal manufacturer, distributor, supplier, operator, 
19handler, licensed establishment, licensed truck stop 
20establishment, licensed fraternal establishment, or licensed 
21veterans establishment shall disclose the identity of every 
22person, association, trust, corporation, or limited liability 
23company having a greater than 1% direct or indirect pecuniary 
24interest in the video gaming terminal operation for which the 
25license is sought. If the disclosed entity is a trust, the 
26application shall disclose the names and addresses of the 
 
 
09800SB1739ham003- 129 -LRB098 10559 AMC 56939 a


1beneficiaries; if a corporation, the names and addresses of all 
2stockholders and directors; if a limited liability company, the 
3names and addresses of all members; or if a partnership, the 
4names and addresses of all partners, both general and limited.
5 (d) No person may be licensed as a video gaming terminal 
6manufacturer, distributor, supplier, operator, handler, 
7licensed establishment, licensed truck stop establishment, 
8licensed fraternal establishment, or licensed veterans 
9establishment if that person has been found by the Board to:
10  (1) have a background, including a criminal record, 
11 reputation, habits, social or business associations, or 
12 prior activities that pose a threat to the public interests 
13 of the State or to the security and integrity of video 
14 gaming;
15  (2) create or enhance the dangers of unsuitable, 
16 unfair, or illegal practices, methods, and activities in 
17 the conduct of video gaming; or
18  (3) present questionable business practices and 
19 financial arrangements incidental to the conduct of video 
20 gaming activities. 
21 (e) Any applicant for any license under this Act has the 
22burden of proving his or her qualifications to the satisfaction 
23of the Board. The Board may adopt rules to establish additional 
24qualifications and requirements to preserve the integrity and 
25security of video gaming in this State. 
26 (f) A non-refundable application fee shall be paid at the 
 
 
09800SB1739ham003- 130 -LRB098 10559 AMC 56939 a


1time an
application for a license is filed with the Board in 
2the following amounts:

3  (1) Manufacturer..........................$5,000

4  (2) Distributor...........................$5,000

5  (3) Terminal operator.....................$5,000

6  (4) Supplier..............................$2,500

7  (5) Technician..............................$100

8  (6) Terminal Handler..............................$50
9 (g) The Board shall establish an
annual fee for each 
10license not to exceed the following:
11  (1) Manufacturer.........................$10,000

12  (2) Distributor..........................$10,000

13  (3) Terminal operator.....................$5,000

14  (4) Supplier..............................$2,000

15  (5) Technician..............................$100

16  (6) Licensed establishment, licensed truck stop

17 establishment, licensed fraternal establishment,

18 or licensed veterans establishment..............$100

19  (7) Video gaming terminal...................$100

20  (8) Terminal Handler..............................$50

21 (h) A terminal operator and a licensed establishment, 
22licensed truck stop establishment, licensed fraternal 
23establishment,
or licensed veterans establishment shall 
24equally split the fees specified in item (7) of subsection (g). 
25(Source: P.A. 97-1150, eff. 1-25-13; 98-31, eff. 6-24-13; 
2698-587, eff. 8-27-13; revised 9-19-13.)


 
 
09800SB1739ham003- 131 -LRB098 10559 AMC 56939 a


1 (230 ILCS 40/79)
2 Sec. 79. Investigators. Investigators appointed by the 
3Board pursuant to the powers conferred upon the Board by 
4paragraph (20.6) of subsection (c) of Section 5 of the Illinois 
5Riverboat Gambling Act and Section 80 of this Act shall have 
6authority to conduct investigations, searches, seizures, 
7arrests, and other duties imposed under this Act and the 
8Illinois Riverboat Gambling Act, as deemed necessary by the 
9Board. These investigators have and may exercise all of the 
10rights and powers of peace officers, provided that these powers 
11shall be (1) limited to offenses or violations occurring or 
12committed in connection with conduct subject to this Act, 
13including, but not limited to, the manufacture, distribution, 
14supply, operation, placement, service, maintenance, or play of 
15video gaming terminals and the distribution of profits and 
16collection of revenues resulting from such play, and (2) 
17exercised, to the fullest extent practicable, in cooperation 
18with the local police department of the applicable municipality 
19or, if these powers are exercised outside the boundaries of an 
20incorporated municipality or within a municipality that does 
21not have its own police department, in cooperation with the 
22police department whose jurisdiction encompasses the 
23applicable locality.

24(Source: P.A. 97-809, eff. 7-13-12.)



 
 
09800SB1739ham003- 132 -LRB098 10559 AMC 56939 a


1 (230 ILCS 40/80)


2 Sec. 80. Applicability of Illinois Riverboat Gambling Act. 
3The provisions of the Illinois Riverboat Gambling Act, and all 
4rules promulgated thereunder, shall apply to the Video Gaming 
5Act, except where there is a conflict between the 2 Acts. All 
6provisions of the Uniform Penalty and Interest Act shall apply, 
7as far as practicable, to the subject matter of this Act to the 
8same extent as if such provisions were included herein.

9(Source: P.A. 96-37, eff. 7-13-09.)


10 (230 ILCS 40/81 new)
11 Sec. 81. Prohibition of political contributions from 
12certain licensees and applicants. 
13 (a) The General Assembly has a compelling interest in 
14protecting the integrity of both the electoral process and the 
15legislative process by preventing corruption and the 
16appearance of corruption which may arise through permitting 
17certain political campaign contributions by certain persons 
18involved in the gaming industry and regulated by the State. 
19Unlike most other regulated industries, gaming is especially 
20susceptible to corruption and potential criminal influence.
21 In Illinois, only licensed gaming activities are legal and 
22all other gaming activities are strictly prohibited. Given 
23these circumstances, it is imperative to eliminate any 
24potential corrupt influence in the gaming industry and the 
25electoral process. Banning political campaign contributions by 
 
 
09800SB1739ham003- 133 -LRB098 10559 AMC 56939 a


1certain persons subject to this Section to State officeholders 
2and candidates for such offices and, where necessary, to county 
3and municipal officeholders and candidates for such offices in 
4counties and municipalities that receive financial benefits 
5from gaming activities is necessary to prevent corruption and 
6the appearance of corruption that may arise when political 
7campaign contributions and gaming that is regulated by the 
8State and that confers benefits on counties and municipalities 
9are intermingled.
10 (b) As used in this Section:
11 "Affiliated entity" means (i) any corporate parent and each 
12operating subsidiary of the business entity applying for or 
13holding a license, (ii) each operating subsidiary of the 
14corporate parent of the business entity applying for or holding 
15a license, (iii) any organization recognized by the United 
16States
Internal Revenue Service as a tax-exempt organization 
17described in Section 501(c) of the Internal
Revenue Code of 
181986 (or any successor provision of federal tax law) 
19established by one or more business entities seeking or holding 
20a license, any affiliated entity of such business entity, or 
21any affiliated person of such business entity, and (iv) any 
22political committee for which the business entity applying for 
23or holding a license, or any 501(c) organization described in 
24item (iii) related to that business entity, is the sponsoring 
25entity, as defined in Section 9-3 of the Election Code. For 
26purposes of item (iv), the funding of all business entities 
 
 
09800SB1739ham003- 134 -LRB098 10559 AMC 56939 a


1applying for or holding a license shall be aggregated in 
2determining whether such political committee is an affiliated 
3entity.
4 "Affiliated person" means (i) any person with any ownership 
5interest or distributive share in excess of 1% of any business 
6entity applying for or holding a license, (ii) executive 
7employees of any such business entity, (iii) any person 
8designated as a person of significant influence and control 
9under the Video Gaming Act, and (iv) the spouse of such 
10persons.
11 "Business entity" means any entity doing business for 
12profit, whether organized as a corporation, partnership, sole 
13proprietorship, limited liability company, or partnership or 
14otherwise.
15 "Contribution" means a contribution as defined in Section 
169-1.4 of the Election Code.
17 "Declared candidate" means a person who has filed a 
18statement of candidacy and petition for nomination or election 
19in the principal office of the State Board of Elections, or in 
20the office of the appropriate election authority for any county 
21or municipality in which a video gaming terminal is located or 
22proposed or which receives any video gaming revenue, for the 
23office of Governor, Lieutenant Governor, Attorney General, 
24Secretary of State, Comptroller, Treasurer, member of the 
25General Assembly, chief executive or any member of the 
26legislative body of any municipality in which a video gaming 
 
 
09800SB1739ham003- 135 -LRB098 10559 AMC 56939 a


1terminal is located or proposed or which receives any video 
2gaming revenue, or chief executive or any member of the 
3legislative body of any county containing any unincorporated 
4area in which a video gaming terminal is located or which 
5receives any video gaming revenue.
6 "Executive employee" means any person who is an officer or 
7director or who fulfills duties equivalent to those of an 
8officer or director of a business entity applying for or 
9holding a license; and (ii) any employee of such business 
10entity who is required to register under the Lobbyist 
11Registration Act.
12 "License" means any license issued pursuant to this Act.
13 "Officeholder" means the Governor, the Lieutenant 
14Governor,
the Attorney General, the Secretary of State, the 
15Comptroller, the Treasurer, a member of the General Assembly, 
16the chief executive or any member of the legislative body of 
17any municipality in which a video gaming terminal is located or 
18proposed or which receives any video gaming revenue, or the 
19chief executive or any member of the legislative body of any 
20county containing any unincorporated area in which a video 
21gaming terminal is located or which receives any video gaming 
22revenue.
23 (c) Any person or business entity applying for or holding a 
24manufacturer or distributor license, any affiliated entities 
25or persons of such business entity, and any entities or persons 
26soliciting a contribution or causing a contribution to be made 
 
 
09800SB1739ham003- 136 -LRB098 10559 AMC 56939 a


1on behalf of such person or business entity, are prohibited 
2from making any contribution to any officeholder or declared 
3candidate or any political committee affiliated with any 
4officeholder or declared candidate, as defined in Section 9-1.8 
5of the Election Code.
6 The Board shall have authority to suspend, revoke, or 
7restrict the license and to impose civil penalties of up to 
8$100,000, for each violation of this subsection (c). A notice 
9of each such violation and the penalty imposed shall be 
10published on the Board's website and in the Illinois Register. 
11Payments received by the State pursuant to this subsection 
12shall be deposited into the General Revenue Fund.
13 Any person or business entity applying for or holding a

14terminal operator license, any affiliated entities or persons 
15of such business
entity, and any entities or persons soliciting 
16a contribution
or causing a contribution to be made on behalf 
17of such person
or business entity, are prohibited from making 
18any contribution
to any officeholder or declared candidate or 
19any political
committee affiliated with any officeholder or 
20declared
candidate, as defined in Section 9-1.8 of the Election 
21Code, except that any such person or entity may make a 
22contribution to the chief executive or any member of the 
23legislative body of any municipality in which a video gaming 
24terminal is located or proposed or which receives any video 
25gaming revenue, the chief executive or any member of the 
26legislative body of any county containing any unincorporated 
 
 
09800SB1739ham003- 137 -LRB098 10559 AMC 56939 a


1area in which a video gaming terminal is located or which 
2receives any video gaming revenue, or any declared candidates 
3for such offices, so long as the video gaming terminal 
4associated with the terminal operator license held or applied 
5for is not located in the same municipality or county in which 
6the officeholder or declared candidate holds or is seeking 
7office.
This prohibition shall commence upon filing of an 
8application
for a license and shall continue for a period of 2 
9years after
termination, suspension, or revocation of the 
10license. 
11 Any officeholder or declared candidate or any political 
12committee affiliated with any officeholder or declared 
13candidate that has received a contribution in violation of this 
14subsection (c) shall pay an amount equal to the value of the 
15contribution to the State no more than 30 days after notice of 
16the violation concerning the contribution appears in the 
17Illinois Register. Payments received by the State pursuant to 
18this subsection shall be deposited into the General Revenue 
19Fund.
20 The provisions of this subsection (c) shall apply only to 
21persons or entities applying for or holding a manufacturer 
22license, a distributor license, or a terminal operator license 
23and shall not apply to persons or entities applying for or 
24holding any other licenses under this Act. 
25 (d) The Board shall post on its website a list of all 
26persons, business entities, and affiliated entities prohibited 
 
 
09800SB1739ham003- 138 -LRB098 10559 AMC 56939 a


1from making contributions to any officeholder or declared 
2candidate political committee pursuant to subsection (c), 
3which list shall be updated and published on, at a minimum, a 
4semiannual basis.
5 Any person, business entity, or affiliated entity 
6prohibited from making contributions to any officeholder or 
7declared candidate political committee pursuant to subsection 
8(c) of this Section shall notify the Board within 7 days after 
9discovering any necessary change or addition to the information 
10relating to that person, business entity, or affiliated entity 
11contained in the list.
12 An individual who acts in good faith and in reliance on any 
13information contained in the list shall not be subject to any 
14penalties or liability imposed for a violation of this Section.
15 (e) If any provision of this Section is held invalid or its 
16application to any person or circumstance is held invalid, the 
17invalidity of that provision or application does not affect the 
18other provisions or applications of this Section that can be 
19given effect without the invalid application or provision.

20 Section 50. The Liquor Control Act of 1934 is amended by 
21changing Sections 5-1 and 6-30 as follows:

22 (235 ILCS 5/5-1) (from Ch. 43, par. 115)
23 Sec. 5-1. Licenses issued by the Illinois Liquor Control 
24Commission
shall be of the following classes:
 
 
09800SB1739ham003- 139 -LRB098 10559 AMC 56939 a


1 (a) Manufacturer's license - Class 1.
Distiller, Class 2. 
2Rectifier, Class 3. Brewer, Class 4. First Class Wine

3Manufacturer, Class 5. Second Class Wine Manufacturer,
Class 6. 
4First Class Winemaker, Class 7. Second Class Winemaker, Class 
58.
Limited Wine Manufacturer, Class 9. Craft Distiller, Class 
610. Craft Brewer, 
7 (b) Distributor's license,
8 (c) Importing Distributor's license,
9 (d) Retailer's license,
10 (e) Special Event Retailer's license (not-for-profit),
11 (f) Railroad license,
12 (g) Boat license,
13 (h) Non-Beverage User's license,
14 (i) Wine-maker's premises license,
15 (j) Airplane license,
16 (k) Foreign importer's license,
17 (l) Broker's license,
18 (m) Non-resident dealer's
license,
19 (n) Brew Pub license,
20 (o) Auction liquor license,
21 (p) Caterer retailer license,
22 (q) Special use permit license,
23 (r) Winery shipper's license.

24 No
person, firm, partnership, corporation, or other legal 
25business entity that is
engaged in the manufacturing of wine 
26may concurrently obtain and hold a
wine-maker's license and a 
 
 
09800SB1739ham003- 140 -LRB098 10559 AMC 56939 a


1wine manufacturer's license.
2 (a) A manufacturer's license shall allow the manufacture,

3importation in bulk, storage, distribution and sale of 
4alcoholic liquor
to persons without the State, as may be 
5permitted by law and to licensees
in this State as follows:
6 Class 1. A Distiller may make sales and deliveries of 
7alcoholic liquor to
distillers, rectifiers, importing 
8distributors, distributors and
non-beverage users and to no 
9other licensees.
10 Class 2. A Rectifier, who is not a distiller, as defined 
11herein, may make
sales and deliveries of alcoholic liquor to 
12rectifiers, importing distributors,
distributors, retailers 
13and non-beverage users and to no other licensees.
14 Class 3. A Brewer may make sales and deliveries of beer to 
15importing
distributors and distributors and may make sales as 
16authorized under subsection (e) of Section 6-4 of this Act.
17 Class 4. A first class wine-manufacturer may make sales and 
18deliveries of
up to 50,000 gallons of wine to manufacturers,

19importing
distributors and distributors, and to no other 
20licensees.
21 Class 5. A second class Wine manufacturer may make sales 
22and deliveries
of more than 50,000 gallons of wine to 
23manufacturers, importing distributors
and distributors and to 
24no other licensees.
25 Class 6. A first-class wine-maker's license shall allow the 
26manufacture
of up to 50,000 gallons of wine per year, and the

 
 
09800SB1739ham003- 141 -LRB098 10559 AMC 56939 a


1storage
and sale of such
wine to distributors in the State and 
2to persons without the
State, as may be permitted by law. A 
3person who, prior to the effective date of this amendatory Act 
4of the 95th General Assembly, is a holder of a first-class 
5wine-maker's license and annually produces more than 25,000 
6gallons of its own wine and who distributes its wine to 
7licensed retailers shall cease this practice on or before July 
81, 2008 in compliance with this amendatory Act of the 95th 
9General Assembly.
10 Class 7. A second-class wine-maker's license shall allow 
11the manufacture
of between 50,000 and 150,000 gallons of wine 
12per year, and
the
storage and sale of such wine
to distributors 
13in this State and to persons without the State, as may be

14permitted by law. A person who, prior to the effective date of 
15this amendatory Act of the 95th General Assembly, is a holder 
16of a second-class wine-maker's license and annually produces 
17more than 25,000 gallons of its own wine and who distributes 
18its wine to licensed retailers shall cease this practice on or 
19before July 1, 2008 in compliance with this amendatory Act of 
20the 95th General Assembly.
21 Class 8. A limited wine-manufacturer may make sales and 
22deliveries not to
exceed 40,000 gallons of wine per year to 
23distributors, and to
non-licensees in accordance with the 
24provisions of this Act.
25 Class 9. A craft distiller license shall allow the 
26manufacture of up to 30,000 gallons of spirits by distillation 
 
 
09800SB1739ham003- 142 -LRB098 10559 AMC 56939 a


1for one year after the effective date of this amendatory Act of 
2the 97th General Assembly and up to 35,000 gallons of spirits 
3by distillation per year thereafter and the storage of such 
4spirits. If a craft distiller licensee is not affiliated with 
5any other manufacturer, then the craft distiller licensee may 
6sell such spirits to distributors in this State and up to 2,500 
7gallons of such spirits to non-licensees to the extent 
8permitted by any exemption approved by the Commission pursuant 
9to Section 6-4 of this Act.
10 Any craft distiller licensed under this Act who on the 
11effective date of this amendatory Act of the 96th General 
12Assembly was licensed as a distiller and manufactured no more 
13spirits than permitted by this Section shall not be required to 
14pay the initial licensing fee. 
15 Class 10. A craft brewer's license, which may only be 
16issued to a licensed brewer or licensed non-resident dealer, 
17shall allow the manufacture of up to 930,000 gallons of beer 
18per year. A craft brewer licensee may make sales and deliveries 
19to importing distributors and distributors and to retail 
20licensees in accordance with the conditions set forth in 
21paragraph (18) of subsection (a) of Section 3-12 of this Act. 
22 (a-1) A manufacturer which is licensed in this State to 
23make sales or
deliveries of alcoholic liquor to licensed 
24distributors or importing distributors and which enlists 
25agents, representatives, or
individuals acting on its behalf 
26who contact licensed retailers on a regular
and continual basis 
 
 
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1in this State must register those agents, representatives,
or 
2persons acting on its behalf with the State Commission.
3 Registration of agents, representatives, or persons acting 
4on behalf of a
manufacturer is fulfilled by submitting a form 
5to the Commission. The form
shall be developed by the 
6Commission and shall include the name and address of
the 
7applicant, the name and address of the manufacturer he or she 
8represents,
the territory or areas assigned to sell to or 
9discuss pricing terms of
alcoholic liquor, and any other 
10questions deemed appropriate and necessary.
All statements in 
11the forms required to be made by law or by rule shall be
deemed 
12material, and any person who knowingly misstates any material 
13fact under
oath in an application is guilty of a Class B 
14misdemeanor. Fraud,
misrepresentation, false statements, 
15misleading statements, evasions, or
suppression of material 
16facts in the securing of a registration are grounds for

17suspension or revocation of the registration. The State 
18Commission shall post a list of registered agents on the 
19Commission's website.
20 (b) A distributor's license shall allow the wholesale 
21purchase and storage
of alcoholic liquors and sale of alcoholic 
22liquors to licensees
in this State and to persons without the 
23State, as may be permitted by law.
24 (c) An importing distributor's license may be issued to and 
25held by
those only who are duly licensed distributors, upon the 
26filing of an
application by a duly licensed distributor, with 
 
 
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1the Commission and
the Commission shall, without the
payment of 
2any fee, immediately issue such importing distributor's

3license to the applicant, which shall allow the importation of 
4alcoholic
liquor by the licensee into this State from any point 
5in the United
States outside this State, and the purchase of 
6alcoholic liquor in
barrels, casks or other bulk containers and 
7the bottling of such
alcoholic liquors before resale thereof, 
8but all bottles or containers
so filled shall be sealed, 
9labeled, stamped and otherwise made to comply
with all 
10provisions, rules and regulations governing manufacturers in

11the preparation and bottling of alcoholic liquors. The 
12importing
distributor's license shall permit such licensee to 
13purchase alcoholic
liquor from Illinois licensed non-resident 
14dealers and foreign importers only.
15 (d) A retailer's license shall allow the licensee to sell 
16and offer
for sale at retail, only in the premises specified in 
17the license,
alcoholic liquor for use or consumption, but not 
18for resale in any form. Nothing in this amendatory Act of the 
1995th General Assembly shall deny, limit, remove, or restrict 
20the ability of a holder of a retailer's license to transfer, 
21deliver, or ship alcoholic liquor to the purchaser for use or 
22consumption subject to any applicable local law or ordinance. 
23Any retail license issued to a manufacturer shall only
permit 
24the manufacturer to sell beer at retail on the premises 
25actually
occupied by the manufacturer. For the purpose of 
26further describing the type of business conducted at a retail 
 
 
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1licensed premises, a retailer's licensee may be designated by 
2the State Commission as (i) an on premise consumption retailer, 
3(ii) an off premise sale retailer, or (iii) a combined on 
4premise consumption and off premise sale retailer.

5 Notwithstanding any other provision of this subsection 
6(d), a retail
licensee may sell alcoholic liquors to a special 
7event retailer licensee for
resale to the extent permitted 
8under subsection (e).
9 (e) A special event retailer's license (not-for-profit) 
10shall permit the
licensee to purchase alcoholic liquors from an 
11Illinois licensed distributor
(unless the licensee purchases 
12less than $500 of alcoholic liquors for the
special event, in 
13which case the licensee may purchase the alcoholic liquors
from 
14a licensed retailer) and shall allow the licensee to sell and 
15offer for
sale, at retail, alcoholic liquors for use or 
16consumption, but not for resale
in any form and only at the 
17location and on the specific dates designated for
the special 
18event in the license. An applicant for a special event retailer

19license must
(i) furnish with the application: (A) a resale 
20number issued under Section
2c of the Retailers' Occupation Tax 
21Act or evidence that the applicant is
registered under Section 
222a of the Retailers' Occupation Tax Act, (B) a
current, valid 
23exemption identification
number issued under Section 1g of the 
24Retailers' Occupation Tax Act, and a
certification to the 
25Commission that the purchase of alcoholic liquors will be
a 
26tax-exempt purchase, or (C) a statement that the applicant is 
 
 
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1not registered
under Section 2a of the Retailers' Occupation 
2Tax Act, does not hold a resale
number under Section 2c of the 
3Retailers' Occupation Tax Act, and does not
hold an exemption 
4number under Section 1g of the Retailers' Occupation Tax
Act, 
5in which event the Commission shall set forth on the special 
6event
retailer's license a statement to that effect; (ii) 
7submit with the application proof satisfactory to
the State 
8Commission that the applicant will provide dram shop liability

9insurance in the maximum limits; and (iii) show proof 
10satisfactory to the
State Commission that the applicant has 
11obtained local authority
approval.
12 (f) A railroad license shall permit the licensee to import 
13alcoholic
liquors into this State from any point in the United 
14States outside this
State and to store such alcoholic liquors 
15in this State; to make wholesale
purchases of alcoholic liquors 
16directly from manufacturers, foreign
importers, distributors 
17and importing distributors from within or outside
this State; 
18and to store such alcoholic liquors in this State; provided

19that the above powers may be exercised only in connection with 
20the
importation, purchase or storage of alcoholic liquors to be 
21sold or
dispensed on a club, buffet, lounge or dining car 
22operated on an electric,
gas or steam railway in this State; 
23and provided further, that railroad
licensees exercising the 
24above powers shall be subject to all provisions of
Article VIII 
25of this Act as applied to importing distributors. A railroad

26license shall also permit the licensee to sell or dispense 
 
 
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1alcoholic
liquors on any club, buffet, lounge or dining car 
2operated on an electric,
gas or steam railway regularly 
3operated by a common carrier in this State,
but shall not 
4permit the sale for resale of any alcoholic liquors to any

5licensee within this State. A license shall be obtained for 
6each car in which
such sales are made.
7 (g) A boat license shall allow the sale of alcoholic liquor 
8in
individual drinks, on any passenger boat regularly operated 
9as a common
carrier on navigable waters in this State or on any 
10riverboat operated
under
the Illinois Riverboat Gambling Act, 
11which boat or riverboat maintains a public
dining room or 
12restaurant thereon.
13 (h) A non-beverage user's license shall allow the licensee 
14to
purchase alcoholic liquor from a licensed manufacturer or 
15importing
distributor, without the imposition of any tax upon 
16the business of such
licensed manufacturer or importing 
17distributor as to such alcoholic
liquor to be used by such 
18licensee solely for the non-beverage purposes
set forth in 
19subsection (a) of Section 8-1 of this Act, and
such licenses 
20shall be divided and classified and shall permit the
purchase, 
21possession and use of limited and stated quantities of

22alcoholic liquor as follows:
23Class 1, not to exceed ......................... 500 gallons

24Class 2, not to exceed ....................... 1,000 gallons

25Class 3, not to exceed ....................... 5,000 gallons

26Class 4, not to exceed ...................... 10,000 gallons

 
 
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1Class 5, not to exceed ....................... 50,000 gallons
2 (i) A wine-maker's premises license shall allow a
licensee 
3that concurrently holds a first-class wine-maker's license to 
4sell
and offer for sale at retail in the premises specified in 
5such license
not more than 50,000 gallons of the first-class 
6wine-maker's wine that is
made at the first-class wine-maker's 
7licensed premises per year for use or
consumption, but not for 
8resale in any form. A wine-maker's premises
license shall allow 
9a licensee who concurrently holds a second-class
wine-maker's 
10license to sell and offer for sale at retail in the premises

11specified in such license up to 100,000 gallons of the

12second-class wine-maker's wine that is made at the second-class 
13wine-maker's
licensed premises per year
for use or consumption 
14but not for resale in any form. A wine-maker's premises license 
15shall allow a
licensee that concurrently holds a first-class 
16wine-maker's license or a second-class
wine-maker's license to 
17sell
and offer for sale at retail at the premises specified in 
18the wine-maker's premises license, for use or consumption but 
19not for resale in any form, any beer, wine, and spirits 
20purchased from a licensed distributor. Upon approval from the

21State Commission, a wine-maker's premises license
shall allow 
22the licensee to sell and offer for sale at (i) the wine-maker's

23licensed premises and (ii) at up to 2 additional locations for 
24use and
consumption and not for resale. Each location shall 
25require additional
licensing per location as specified in 
26Section 5-3 of this Act. A wine-maker's premises licensee shall

 
 
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1secure liquor liability insurance coverage in an amount at

2least equal to the maximum liability amounts set forth in

3subsection (a) of Section 6-21 of this Act.

4 (j) An airplane license shall permit the licensee to import

5alcoholic liquors into this State from any point in the United 
6States
outside this State and to store such alcoholic liquors 
7in this State; to
make wholesale purchases of alcoholic liquors 
8directly from
manufacturers, foreign importers, distributors 
9and importing
distributors from within or outside this State; 
10and to store such
alcoholic liquors in this State; provided 
11that the above powers may be
exercised only in connection with 
12the importation, purchase or storage
of alcoholic liquors to be 
13sold or dispensed on an airplane; and
provided further, that 
14airplane licensees exercising the above powers
shall be subject 
15to all provisions of Article VIII of this Act as
applied to 
16importing distributors. An airplane licensee shall also
permit 
17the sale or dispensing of alcoholic liquors on any passenger

18airplane regularly operated by a common carrier in this State, 
19but shall
not permit the sale for resale of any alcoholic 
20liquors to any licensee
within this State. A single airplane 
21license shall be required of an
airline company if liquor 
22service is provided on board aircraft in this
State. The annual 
23fee for such license shall be as determined in
Section 5-3.
24 (k) A foreign importer's license shall permit such licensee 
25to purchase
alcoholic liquor from Illinois licensed 
26non-resident dealers only, and to
import alcoholic liquor other 
 
 
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1than in bulk from any point outside the
United States and to 
2sell such alcoholic liquor to Illinois licensed
importing 
3distributors and to no one else in Illinois;
provided that (i) 
4the foreign importer registers with the State Commission
every

5brand of
alcoholic liquor that it proposes to sell to Illinois 
6licensees during the
license period, (ii) the foreign importer 
7complies with all of the provisions
of Section
6-9 of this Act 
8with respect to registration of such Illinois licensees as may

9be granted the
right to sell such brands at wholesale, and 
10(iii) the foreign importer complies with the provisions of 
11Sections 6-5 and 6-6 of this Act to the same extent that these 
12provisions apply to manufacturers.
13 (l) (i) A broker's license shall be required of all persons

14who solicit
orders for, offer to sell or offer to supply 
15alcoholic liquor to
retailers in the State of Illinois, or who 
16offer to retailers to ship or
cause to be shipped or to make 
17contact with distillers, rectifiers,
brewers or manufacturers 
18or any other party within or without the State
of Illinois in 
19order that alcoholic liquors be shipped to a distributor,

20importing distributor or foreign importer, whether such 
21solicitation or
offer is consummated within or without the 
22State of Illinois.
23 No holder of a retailer's license issued by the Illinois 
24Liquor
Control Commission shall purchase or receive any 
25alcoholic liquor, the
order for which was solicited or offered 
26for sale to such retailer by a
broker unless the broker is the 
 
 
09800SB1739ham003- 151 -LRB098 10559 AMC 56939 a


1holder of a valid broker's license.
2 The broker shall, upon the acceptance by a retailer of the 
3broker's
solicitation of an order or offer to sell or supply or 
4deliver or have
delivered alcoholic liquors, promptly forward 
5to the Illinois Liquor
Control Commission a notification of 
6said transaction in such form as
the Commission may by 
7regulations prescribe.
8 (ii) A broker's license shall be required of
a person 
9within this State, other than a retail licensee,
who, for a fee 
10or commission, promotes, solicits, or accepts orders for

11alcoholic liquor, for use or consumption and not for
resale, to 
12be shipped from this State and delivered to residents outside 
13of
this State by an express company, common carrier, or 
14contract carrier.
This Section does not apply to any person who 
15promotes, solicits, or accepts
orders for wine as specifically 
16authorized in Section 6-29 of this Act.
17 A broker's license under this subsection (l)
shall not 
18entitle the holder to
buy or sell any
alcoholic liquors for his 
19own account or to take or deliver title to
such alcoholic 
20liquors.
21 This subsection (l)
shall not apply to distributors, 
22employees of
distributors, or employees of a manufacturer who 
23has registered the
trademark, brand or name of the alcoholic 
24liquor pursuant to Section 6-9
of this Act, and who regularly 
25sells such alcoholic liquor
in the State of Illinois only to 
26its registrants thereunder.
 
 
09800SB1739ham003- 152 -LRB098 10559 AMC 56939 a


1 Any agent, representative, or person subject to 
2registration pursuant to
subsection (a-1) of this Section shall 
3not be eligible to receive a broker's
license.
4 (m) A non-resident dealer's license shall permit such 
5licensee to ship
into and warehouse alcoholic liquor into this 
6State from any point
outside of this State, and to sell such 
7alcoholic liquor to Illinois licensed
foreign importers and 
8importing distributors and to no one else in this State;

9provided that (i) said non-resident dealer shall register with 
10the Illinois Liquor
Control Commission each and every brand of 
11alcoholic liquor which it proposes
to sell to Illinois 
12licensees during the license period, (ii) it shall comply with 
13all of the provisions of Section 6-9 hereof with
respect to 
14registration of such Illinois licensees as may be granted the 
15right
to sell such brands at wholesale, and (iii) the 
16non-resident dealer shall comply with the provisions of 
17Sections 6-5 and 6-6 of this Act to the same extent that these 
18provisions apply to manufacturers.
19 (n) A brew pub license shall allow the licensee (i) to 
20manufacture beer only
on the premises specified in the license, 
21(ii) to make sales of the
beer manufactured on the premises or, 
22with the approval of the Commission, beer manufactured on 
23another brew pub licensed premises that is substantially owned 
24and operated by the same licensee to importing distributors, 
25distributors,
and to non-licensees for use and consumption, 
26(iii) to store the beer upon
the premises, and (iv) to sell and 
 
 
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1offer for sale at retail from the licensed
premises, provided 
2that a brew pub licensee shall not sell for off-premises

3consumption more than 50,000 gallons per year. A person who 
4holds a brew pub license may simultaneously hold a craft brewer 
5license if he or she otherwise qualifies for the craft brewer 
6license and the craft brewer license is for a location separate 
7from the brew pub's licensed premises. A brew pub license shall 
8permit a person who has received prior approval from the 
9Commission to annually transfer no more than a total of 50,000 
10gallons of beer manufactured on premises to all other licensed 
11brew pubs that are substantially owned and operated by the same 
12person.
13 (o) A caterer retailer license shall allow the holder
to 
14serve alcoholic liquors as an incidental part of a food service 
15that serves
prepared meals which excludes the serving of snacks 
16as
the primary meal, either on or off-site whether licensed or 
17unlicensed.
18 (p) An auction liquor license shall allow the licensee to 
19sell and offer
for sale at auction wine and spirits for use or 
20consumption, or for resale by
an Illinois liquor licensee in 
21accordance with provisions of this Act. An
auction liquor 
22license will be issued to a person and it will permit the

23auction liquor licensee to hold the auction anywhere in the 
24State. An auction
liquor license must be obtained for each 
25auction at least 14 days in advance of
the auction date.
26 (q) A special use permit license shall allow an Illinois 
 
 
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1licensed
retailer to transfer a portion of its alcoholic liquor 
2inventory from its
retail licensed premises to the premises 
3specified in the license hereby
created, and to sell or offer 
4for sale at retail, only in the premises
specified in the 
5license hereby created, the transferred alcoholic liquor for

6use or consumption, but not for resale in any form. A special 
7use permit
license may be granted for the following time 
8periods: one day or less; 2 or
more days to a maximum of 15 days 
9per location in any 12 month period. An
applicant for the 
10special use permit license must also submit with the

11application proof satisfactory to the State Commission that the 
12applicant will
provide dram shop liability insurance to the 
13maximum limits and have local
authority approval.
14 (r) A winery shipper's license shall allow a person
with a 
15first-class or second-class wine manufacturer's
license, a 
16first-class or second-class wine-maker's license,
or a limited 
17wine manufacturer's license or who is licensed to
make wine 
18under the laws of another state to ship wine
made by that 
19licensee directly to a resident of this
State who is 21 years 
20of age or older for that resident's
personal use and not for 
21resale. Prior to receiving a
winery shipper's license, an 
22applicant for the license must
provide the Commission with a 
23true copy of its current
license in any state in which it is 
24licensed as a manufacturer
of wine. An applicant for a winery 
25shipper's license must
also complete an application form that 
26provides any other
information the Commission deems necessary. 
 
 
09800SB1739ham003- 155 -LRB098 10559 AMC 56939 a


1The
application form shall include an acknowledgement 
2consenting
to the jurisdiction of the Commission, the Illinois

3Department of Revenue, and the courts of this State concerning

4the enforcement of this Act and any related laws, rules, and

5regulations, including authorizing the Department of Revenue

6and the Commission to conduct audits for the purpose of

7ensuring compliance with this amendatory Act.
8 A winery shipper licensee must pay to the Department
of 
9Revenue the State liquor gallonage tax under Section 8-1 for

10all wine that is sold by the licensee and shipped to a person

11in this State. For the purposes of Section 8-1, a winery

12shipper licensee shall be taxed in the same manner as a

13manufacturer of wine. A licensee who is not otherwise required 
14to register under the Retailers' Occupation Tax Act must

15register under the Use Tax Act to collect and remit use tax to

16the Department of Revenue for all gallons of wine that are sold

17by the licensee and shipped to persons in this State. If a

18licensee fails to remit the tax imposed under this Act in

19accordance with the provisions of Article VIII of this Act, the

20winery shipper's license shall be revoked in accordance
with 
21the provisions of Article VII of this Act. If a licensee
fails 
22to properly register and remit tax under the Use Tax Act
or the 
23Retailers' Occupation Tax Act for all wine that is sold
by the 
24winery shipper and shipped to persons in this
State, the winery 
25shipper's license shall be revoked in
accordance with the 
26provisions of Article VII of this Act.
 
 
09800SB1739ham003- 156 -LRB098 10559 AMC 56939 a


1 A winery shipper licensee must collect, maintain, and

2submit to the Commission on a semi-annual basis the
total 
3number of cases per resident of wine shipped to residents
of 
4this State.
A winery shipper licensed under this subsection (r)

5must comply with the requirements of Section 6-29 of this 
6amendatory Act.

7(Source: P.A. 97-5, eff. 6-1-11; 97-455, eff. 8-19-11; 97-813, 
8eff. 7-13-12; 97-1166, eff. 3-1-13; 98-394, eff. 8-16-13; 
998-401, eff. 8-16-13; revised 9-12-13.)




10 (235 ILCS 5/6-30) (from Ch. 43, par. 144f)


11 Sec. 6-30. Notwithstanding any other provision of this Act, 
12the
Illinois Gaming Board shall have exclusive authority to 
13establish the hours
for sale and consumption of alcoholic 
14liquor on board a riverboat during
riverboat gambling 
15excursions and in a casino conducted in accordance with the 
16Illinois Riverboat
Gambling Act.

17(Source: P.A. 87-826.)



18 Section 55. The Illinois Public Aid Code is amended by 
19changing Section 10-17.15 as follows:

20 (305 ILCS 5/10-17.15)
21 Sec. 10-17.15. Certification of information to State 
22gaming licensees.
23 (a) For purposes of this Section, "State gaming licensee" 
 
 
09800SB1739ham003- 157 -LRB098 10559 AMC 56939 a


1means, as applicable, an organization licensee or advance 
2deposit wagering licensee licensed under the Illinois Horse 
3Racing Act of 1975, an owners licensee licensed under the 
4Illinois Riverboat Gambling Act, or a licensee that operates, 
5under any law of this State, one or more facilities or gaming 
6locations at which lawful gambling is authorized and licensed 
7as provided in the Illinois Riverboat Gambling Act.
8 (b) The Department may provide, by rule, for certification 
9to any State gaming licensee of past due child support owed by 
10a responsible relative under a support order entered by a court 
11or administrative body of this or any other State on behalf of 
12a resident or non-resident receiving child support services 
13under this Article in accordance with the requirements of Title 
14IV-D, Part D, of the Social Security Act. The State gaming 
15licensee shall have the ability to withhold from winnings 
16required to be reported to the Internal Revenue Service on Form 
17W-2G, up to the full amount of winnings necessary to pay the 
18winner's past due child support. The rule shall provide for 
19notice to and an opportunity to be heard by each responsible 
20relative affected and any final administrative decision 
21rendered by the Department shall be reviewed only under and in 
22accordance with the Administrative Review Law.
23 (c) For withholding of winnings, the State gaming licensee 
24shall be entitled to an administrative fee not to exceed the 
25lesser of 4% of the total amount of cash winnings paid to the 
26gambling winner or $150.
 
 
09800SB1739ham003- 158 -LRB098 10559 AMC 56939 a


1 (d) In no event may the total amount withheld from the cash 
2payout, including the administrative fee, exceed the total cash 
3winnings claimed by the obligor. If the cash payout claimed is 
4greater than the amount sufficient to satisfy the obligor's 
5delinquent child support payments, the State gaming licensee 
6shall pay the obligor the remaining balance of the payout, less 
7the administrative fee authorized by subsection (c) of this 
8Section, at the time it is claimed.
9 (e) A State gaming licensee who in good faith complies with 
10the requirements of this Section shall not be liable to the 
11gaming winner or any other individual or entity. 

12(Source: P.A. 98-318, eff. 8-12-13.)

13 Section 60. The Firearm Concealed Carry Act is amended by 
14changing Section 65 as follows:

15 (430 ILCS 66/65)

16 Sec. 65. Prohibited areas. 
17 (a) A licensee under this Act shall not knowingly carry a 
18firearm on or into:
19  (1) Any building, real property, and parking area under 
20 the control of a public or private elementary or secondary 
21 school.
22  (2) Any building, real property, and parking area under 
23 the control of a pre-school or child care facility, 
24 including any room or portion of a building under the 
 
 
09800SB1739ham003- 159 -LRB098 10559 AMC 56939 a


1 control of a pre-school or child care facility. Nothing in 
2 this paragraph shall prevent the operator of a child care 
3 facility in a family home from owning or possessing a 
4 firearm in the home or license under this Act, if no child 
5 under child care at the home is present in the home or the 
6 firearm in the home is stored in a locked container when a 
7 child under child care at the home is present in the home.
8  (3) Any building, parking area, or portion of a 
9 building under the control of an officer of the executive 
10 or legislative branch of government, provided that nothing 
11 in this paragraph shall prohibit a licensee from carrying a 
12 concealed firearm onto the real property, bikeway, or trail 
13 in a park regulated by the Department of Natural Resources 
14 or any other designated public hunting area or building 
15 where firearm possession is permitted as established by the 
16 Department of Natural Resources under Section 1.8 of the 
17 Wildlife Code.
18  (4) Any building designated for matters before a 
19 circuit court, appellate court, or the Supreme Court, or 
20 any building or portion of a building under the control of 
21 the Supreme Court.
22  (5) Any building or portion of a building under the 
23 control of a unit of local government.
24  (6) Any building, real property, and parking area under 
25 the control of an adult or juvenile detention or 
26 correctional institution, prison, or jail.
 
 
09800SB1739ham003- 160 -LRB098 10559 AMC 56939 a


1  (7) Any building, real property, and parking area under 
2 the control of a public or private hospital or hospital 
3 affiliate, mental health facility, or nursing home.
4  (8) Any bus, train, or form of transportation paid for 
5 in whole or in part with public funds, and any building, 
6 real property, and parking area under the control of a 
7 public transportation facility paid for in whole or in part 
8 with public funds.
9  (9) Any building, real property, and parking area under 
10 the control of an establishment that serves alcohol on its 
11 premises, if more than 50% of the establishment's gross 
12 receipts within the prior 3 months is from the sale of 
13 alcohol. The owner of an establishment who knowingly fails 
14 to prohibit concealed firearms on its premises as provided 
15 in this paragraph or who knowingly makes a false statement 
16 or record to avoid the prohibition on concealed firearms 
17 under this paragraph is subject to the penalty under 
18 subsection (c-5) of Section 10-1 of the Liquor Control Act 
19 of 1934.
20  (10) Any public gathering or special event conducted on 
21 property open to the public that requires the issuance of a 
22 permit from the unit of local government, provided this 
23 prohibition shall not apply to a licensee who must walk 
24 through a public gathering in order to access his or her 
25 residence, place of business, or vehicle.
26  (11) Any building or real property that has been issued 
 
 
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1 a Special Event Retailer's license as defined in Section 
2 1-3.17.1 of the Liquor Control Act during the time 
3 designated for the sale of alcohol by the Special Event 
4 Retailer's license, or a Special use permit license as 
5 defined in subsection (q) of Section 5-1 of the Liquor 
6 Control Act during the time designated for the sale of 
7 alcohol by the Special use permit license.
8  (12) Any public playground.
9  (13) Any public park, athletic area, or athletic 
10 facility under the control of a municipality or park 
11 district, provided nothing in this Section shall prohibit a 
12 licensee from carrying a concealed firearm while on a trail 
13 or bikeway if only a portion of the trail or bikeway 
14 includes a public park.
15  (14) Any real property under the control of the Cook 
16 County Forest Preserve District.
17  (15) Any building, classroom, laboratory, medical 
18 clinic, hospital, artistic venue, athletic venue, 
19 entertainment venue, officially recognized 
20 university-related organization property, whether owned or 
21 leased, and any real property, including parking areas, 
22 sidewalks, and common areas under the control of a public 
23 or private community college, college, or university.
24  (16) Any building, real property, or parking area under 
25 the control of a gaming facility licensed under the 
26 Illinois Riverboat Gambling Act or the Illinois Horse 
 
 
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1 Racing Act of 1975, including an inter-track wagering 
2 location licensee.
3  (17) Any stadium, arena, or the real property or 
4 parking area under the control of a stadium, arena, or any 
5 collegiate or professional sporting event.
6  (18) Any building, real property, or parking area under 
7 the control of a public library.
8  (19) Any building, real property, or parking area under 
9 the control of an airport.
10  (20) Any building, real property, or parking area under 
11 the control of an amusement park.
12  (21) Any building, real property, or parking area under 
13 the control of a zoo or museum.
14  (22) Any street, driveway, parking area, property, 
15 building, or facility, owned, leased, controlled, or used 
16 by a nuclear energy, storage, weapons, or development site 
17 or facility regulated by the federal Nuclear Regulatory 
18 Commission. The licensee shall not under any circumstance 
19 store a firearm or ammunition in his or her vehicle or in a 
20 compartment or container within a vehicle located anywhere 
21 in or on the street, driveway, parking area, property, 
22 building, or facility described in this paragraph.
23  (23) Any area where firearms are prohibited under 
24 federal law.
25 (a-5) Nothing in this Act shall prohibit a public or 
26private community college, college, or university from:
 
 
09800SB1739ham003- 163 -LRB098 10559 AMC 56939 a


1  (1) prohibiting persons from carrying a firearm within 
2 a vehicle owned, leased, or controlled by the college or 
3 university;
4  (2) developing resolutions, regulations, or policies 
5 regarding student, employee, or visitor misconduct and 
6 discipline, including suspension and expulsion;
7  (3) developing resolutions, regulations, or policies 
8 regarding the storage or maintenance of firearms, which 
9 must include designated areas where persons can park 
10 vehicles that carry firearms; and
11  (4) permitting the carrying or use of firearms for the 
12 purpose of instruction and curriculum of officially 
13 recognized programs, including but not limited to military 
14 science and law enforcement training programs, or in any 
15 designated area used for hunting purposes or target 
16 shooting.
17 (a-10) The owner of private real property of any type may 
18prohibit the carrying of concealed firearms on the property 
19under his or her control. The owner must post a sign in 
20accordance with subsection (d) of this Section indicating that 
21firearms are prohibited on the property, unless the property is 
22a private residence.
23 (b) Notwithstanding subsections (a), (a-5), and (a-10) of 
24this Section except under paragraph (22) or (23) of subsection 
25(a), any licensee prohibited from carrying a concealed firearm 
26into the parking area of a prohibited location specified in 
 
 
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1subsection (a), (a-5), or (a-10) of this Section shall be 
2permitted to carry a concealed firearm on or about his or her 
3person within a vehicle into the parking area and may store a 
4firearm or ammunition concealed in a case within a locked 
5vehicle or locked container out of plain view within the 
6vehicle in the parking area. A licensee may carry a concealed 
7firearm in the immediate area surrounding his or her vehicle 
8within a prohibited parking lot area only for the limited 
9purpose of storing or retrieving a firearm within the vehicle's 
10trunk, provided the licensee ensures the concealed firearm is 
11unloaded prior to exiting the vehicle. For purposes of this 
12subsection, "case" includes a glove compartment or console that 
13completely encloses the concealed firearm or ammunition, the 
14trunk of the vehicle, or a firearm carrying box, shipping box, 
15or other container.
16 (c) A licensee shall not be in violation of this Section 
17while he or she is traveling along a public right of way that 
18touches or crosses any of the premises under subsection (a), 
19(a-5), or (a-10) of this Section if the concealed firearm is 
20carried on his or her person in accordance with the provisions 
21of this Act or is being transported in a vehicle by the 
22licensee in accordance with all other applicable provisions of 
23law.
24 (d) Signs stating that the carrying of firearms is 
25prohibited shall be clearly and conspicuously posted at the 
26entrance of a building, premises, or real property specified in 
 
 
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1this Section as a prohibited area, unless the building or 
2premises is a private residence. Signs shall be of a uniform 
3design as established by the Department and shall be 4 inches 
4by 6 inches in size. The Department shall adopt rules for 
5standardized signs to be used under this subsection.

6(Source: P.A. 98-63, eff. 7-9-13.)

7 Section 65.  The Criminal Code of 2012 is amended by 
8changing Sections 28-1, 28-1.1, 28-3,
28-5, and 28-7 as 
9follows:






10 (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)



11 Sec. 28-1. Gambling. 

12 (a) A person commits gambling when he or she:


13  (1) knowingly plays a game of chance or skill for money 
14 or other thing of
value, unless excepted in subsection (b) 
15 of this Section;


16  (2) knowingly makes a wager upon the result of any 
17 game, contest, or any
political nomination, appointment or 
18 election;


19  (3) knowingly operates, keeps, owns, uses, purchases, 
20 exhibits, rents, sells,
bargains for the sale or lease of, 
21 manufactures or distributes any
gambling device;


22  (4) contracts to have or give himself or herself or 
23 another the option to buy
or sell, or contracts to buy or 
24 sell, at a future time, any grain or
other commodity 
 
 
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1 whatsoever, or any stock or security of any company,
where 
2 it is at the time of making such contract intended by both 
3 parties
thereto that the contract to buy or sell, or the 
4 option, whenever
exercised, or the contract resulting 
5 therefrom, shall be settled, not by
the receipt or delivery 
6 of such property, but by the payment only of
differences in 
7 prices thereof; however, the issuance, purchase, sale,

8 exercise, endorsement or guarantee, by or through a person 
9 registered
with the Secretary of State pursuant to Section 
10 8 of the Illinois
Securities Law of 1953, or by or through 
11 a person exempt from such
registration under said Section 
12 8, of a put, call, or other option to
buy or sell 
13 securities which have been registered with the Secretary of

14 State or which are exempt from such registration under 
15 Section 3 of the
Illinois Securities Law of 1953 is not 
16 gambling within the meaning of
this paragraph (4);


17  (5) knowingly owns or possesses any book, instrument or 
18 apparatus by
means of which bets or wagers have been, or 
19 are, recorded or registered,
or knowingly possesses any 
20 money which he has received in the course of
a bet or 
21 wager;


22  (6) knowingly sells pools upon the result of any game 
23 or contest of skill or
chance, political nomination, 
24 appointment or election;


25  (7) knowingly sets up or promotes any lottery or sells, 
26 offers to sell or
transfers any ticket or share for any 
 
 
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1 lottery;


2  (8) knowingly sets up or promotes any policy game or 
3 sells, offers to sell or
knowingly possesses or transfers 
4 any policy ticket, slip, record,
document or other similar 
5 device;


6  (9) knowingly drafts, prints or publishes any lottery 
7 ticket or share,
or any policy ticket, slip, record, 
8 document or similar device, except for
such activity 
9 related to lotteries, bingo games and raffles authorized by

10 and conducted in accordance with the laws of Illinois or 
11 any other state or
foreign government;


12  (10) knowingly advertises any lottery or policy game, 
13 except for such
activity related to lotteries, bingo games 
14 and raffles authorized by and
conducted in accordance with 
15 the laws of Illinois or any other state;


16  (11) knowingly transmits information as to wagers, 
17 betting odds, or
changes in betting odds by telephone, 
18 telegraph, radio, semaphore or
similar means; or knowingly 
19 installs or maintains equipment for the
transmission or 
20 receipt of such information; except that nothing in this

21 subdivision (11) prohibits transmission or receipt of such 
22 information
for use in news reporting of sporting events or 
23 contests; or


24  (12) knowingly establishes, maintains, or operates an 
25 Internet site that
permits a person to play a game of

26 chance or skill for money or other thing of value by means 
 
 
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1 of the Internet or
to make a wager upon the
result of any 
2 game, contest, political nomination, appointment, or

3 election by means of the Internet. This item (12) does not 
4 apply to activities referenced in items (6) and (6.1) of 
5 subsection (b) of this Section. 

6 (b) Participants in any of the following activities shall 
7not be
convicted of gambling:


8  (1) Agreements to compensate for loss caused by the 
9 happening of
chance including without limitation contracts 
10 of indemnity or guaranty
and life or health or accident 
11 insurance.


12  (2) Offers of prizes, award or compensation to the 
13 actual
contestants in any bona fide contest for the 
14 determination of skill,
speed, strength or endurance or to 
15 the owners of animals or vehicles
entered in such contest.


16  (3) Pari-mutuel betting as authorized by the law of 
17 this State.


18  (4) Manufacture of gambling devices, including the 
19 acquisition of
essential parts therefor and the assembly 
20 thereof, for transportation in
interstate or foreign 
21 commerce to any place outside this State when such

22 transportation is not prohibited by any applicable Federal 
23 law; or the
manufacture, distribution, or possession of 
24 video gaming terminals, as
defined in the Video Gaming Act, 
25 by manufacturers, distributors, and
terminal operators 
26 licensed to do so under the Video Gaming Act.


 
 
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1  (5) The game commonly known as "bingo", when conducted 
2 in accordance
with the Bingo License and Tax Act.


3  (6) Lotteries when conducted by the State of Illinois 
4 in accordance
with the Illinois Lottery Law. This exemption 
5 includes any activity conducted by the Department of 
6 Revenue to sell lottery tickets pursuant to the provisions 
7 of the Illinois Lottery Law and its rules.

8  (6.1) The purchase of lottery tickets through the 
9 Internet for a lottery conducted by the State of Illinois 
10 under the program established in Section 7.12 of the 
11 Illinois Lottery Law.


12  (7) Possession of an antique slot machine that is 
13 neither used nor
intended to be used in the operation or 
14 promotion of any unlawful
gambling activity or enterprise. 
15 For the purpose of this subparagraph
(b)(7), an antique 
16 slot machine is one manufactured 25 years ago or earlier.


17  (8) Raffles when conducted in accordance with the 
18 Raffles Act.


19  (9) Charitable games when conducted in accordance with 
20 the Charitable
Games Act.


21  (10) Pull tabs and jar games when conducted under the 
22 Illinois Pull
Tabs and Jar Games Act.


23  (11) Gambling games conducted on riverboats when

24 authorized by the Illinois Riverboat Gambling Act.

25  (12) Video gaming terminal games at a licensed 
26 establishment, licensed truck stop establishment,
licensed

 
 
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1 fraternal establishment, or licensed veterans 
2 establishment when
conducted in accordance with the Video 
3 Gaming Act. 
4  (13) Games of skill or chance where money or other 
5 things of value can be won but no payment or purchase is 
6 required to participate. 
7 (c) Sentence.

8 Gambling is a
Class A misdemeanor. A second or
subsequent 
9conviction under subsections (a)(3) through (a)(12),
is a Class 
104 felony.

11 (d) Circumstantial evidence.

12 In prosecutions under
this
Section circumstantial evidence 
13shall have the same validity and weight as
in any criminal 
14prosecution.

15(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 
1696-1203, eff. 7-22-10; 97-1108, eff. 1-1-13.)





17 (720 ILCS 5/28-1.1)
 (from Ch. 38, par. 28-1.1)



18 Sec. 28-1.1. Syndicated gambling. 

19 (a) Declaration of Purpose. Recognizing the close 
20relationship between
professional gambling and other organized 
21crime, it is declared to be the
policy of the legislature to 
22restrain persons from engaging in the business
of gambling for 
23profit in this State. This Section shall be liberally
construed 
24and administered with a view to carrying out this policy.

25 (b) A person commits syndicated gambling when he or she 
 
 
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1operates a "policy
game" or engages in the business of 
2bookmaking.

3 (c) A person "operates a policy game" when he or she 
4knowingly uses any
premises or property for the purpose of 
5receiving or knowingly does
receive from what is commonly 
6called "policy":


7  (1) money from a person other than the bettor or player 
8 whose
bets or plays are represented by the money; or


9  (2) written "policy game" records, made or used over 
10 any
period of time, from a person other than the bettor or 
11 player whose bets
or plays are represented by the written 
12 record.

13 (d) A person engages in bookmaking when he or she knowingly 
14receives or accepts more
than five bets or wagers upon the 
15result of any trials or contests of
skill, speed or power of 
16endurance or upon any lot, chance, casualty,
unknown or 
17contingent event whatsoever, which bets or wagers shall be of

18such size that the total of the amounts of money paid or 
19promised to be
paid to the bookmaker on account thereof shall 
20exceed $2,000.
Bookmaking is the receiving or accepting of bets 
21or wagers
regardless of the form or manner in which the 
22bookmaker records them.

23 (e) Participants in any of the following activities shall 
24not be
convicted of syndicated gambling:


25  (1) Agreements to compensate for loss caused by the 
26 happening
of chance including without limitation contracts 
 
 
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1 of indemnity or
guaranty and life or health or accident 
2 insurance;


3  (2) Offers of prizes, award or compensation to the 
4 actual
contestants in any bona fide contest for the 
5 determination of skill,
speed, strength or endurance or to 
6 the owners of animals or vehicles
entered in the contest;


7  (3) Pari-mutuel betting as authorized by law of this 
8 State;



9  (4) Manufacture of gambling devices, including the 
10 acquisition
of essential parts therefor and the assembly 
11 thereof, for transportation
in interstate or foreign 
12 commerce to any place outside this State when
the 
13 transportation is not prohibited by any applicable Federal 
14 law;


15  (5) Raffles when conducted in accordance with the 
16 Raffles Act;


17  (6) Gambling games conducted on riverboats or in 
18 casinos when
authorized by the Illinois Riverboat Gambling 
19 Act; and


20  (7) Video gaming terminal games at a licensed 
21 establishment, licensed truck stop establishment,
licensed

22 fraternal establishment, or licensed veterans 
23 establishment
when conducted in accordance with the Video 
24 Gaming Act.

25 (f) Sentence. Syndicated gambling is a Class 3 felony.

26(Source: P.A. 96-34, eff. 7-13-09; 97-1108, eff. 1-1-13.)






 
 
09800SB1739ham003- 173 -LRB098 10559 AMC 56939 a


1 (720 ILCS 5/28-3)
 (from Ch. 38, par. 28-3)



2 Sec. 28-3. Keeping a Gambling Place. A "gambling place" is 
3any real
estate, vehicle, boat or any other property whatsoever 
4used for the
purposes of gambling other than gambling conducted 
5in the manner authorized
by the Illinois Riverboat Gambling Act 
6or the Video Gaming Act. Any person who
knowingly permits any 
7premises
or property owned or occupied by him or under his 
8control to be used as a
gambling place commits a Class A 
9misdemeanor. Each subsequent offense is a
Class 4 felony. When 
10any premises is determined by the circuit court to be
a 
11gambling place:

12 (a) Such premises is a public nuisance and may be proceeded 
13against as such,
and

14 (b) All licenses, permits or certificates issued by the 
15State of
Illinois or any subdivision or public agency thereof 
16authorizing the
serving of food or liquor on such premises 
17shall be void; and no license,
permit or certificate so 
18cancelled shall be reissued for such premises for
a period of 
1960 days thereafter; nor shall any person convicted of keeping a

20gambling place be reissued such license
for one year from his 
21conviction and, after a second conviction of keeping
a gambling 
22place, any such person shall not be reissued such license, and

23 (c) Such premises of any person who knowingly permits 
24thereon a
violation of any Section of this Article shall be 
25held liable for, and may
be sold to pay any unsatisfied 
 
 
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1judgment that may be recovered and any
unsatisfied fine that 
2may be levied under any Section of this Article.

3(Source: P.A. 96-34, eff. 7-13-09.)






4 (720 ILCS 5/28-5) (from Ch. 38, par. 28-5)



5 Sec. 28-5. Seizure of gambling devices and gambling funds. 

6 (a) Every device designed for gambling which is incapable 
7of lawful use
or every device used unlawfully for gambling 
8shall be considered a
"gambling device", and shall be subject 
9to seizure, confiscation and
destruction by the Department of 
10State Police or by any municipal, or other
local authority, 
11within whose jurisdiction the same may be found. As used
in 
12this Section, a "gambling device" includes any slot machine, 
13and
includes any machine or device constructed for the 
14reception of money or
other thing of value and so constructed 
15as to return, or to cause someone
to return, on chance to the 
16player thereof money, property or a right to
receive money or 
17property. With the exception of any device designed for

18gambling which is incapable of lawful use, no gambling device 
19shall be
forfeited or destroyed unless an individual with a 
20property interest in
said device knows of the unlawful use of 
21the device.

22 (b) Every gambling device shall be seized and forfeited to 
23the county
wherein such seizure occurs. Any money or other 
24thing of value integrally
related to acts of gambling shall be 
25seized and forfeited to the county
wherein such seizure occurs.

 
 
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1 (c) If, within 60 days after any seizure pursuant to 
2subparagraph
(b) of this Section, a person having any property 
3interest in the seized
property is charged with an offense, the 
4court which renders judgment
upon such charge shall, within 30 
5days after such judgment, conduct a
forfeiture hearing to 
6determine whether such property was a gambling device
at the 
7time of seizure. Such hearing shall be commenced by a written

8petition by the State, including material allegations of fact, 
9the name
and address of every person determined by the State to 
10have any property
interest in the seized property, a 
11representation that written notice of
the date, time and place 
12of such hearing has been mailed to every such
person by 
13certified mail at least 10 days before such date, and a
request 
14for forfeiture. Every such person may appear as a party and

15present evidence at such hearing. The quantum of proof required 
16shall
be a preponderance of the evidence, and the burden of 
17proof shall be on
the State. If the court determines that the 
18seized property was
a gambling device at the time of seizure, 
19an order of forfeiture and
disposition of the seized property 
20shall be entered: a gambling device
shall be received by the 
21State's Attorney, who shall effect its
destruction, except that 
22valuable parts thereof may be liquidated and
the resultant 
23money shall be deposited in the general fund of the county

24wherein such seizure occurred; money and other things of value 
25shall be
received by the State's Attorney and, upon 
26liquidation, shall be
deposited in the general fund of the 
 
 
09800SB1739ham003- 176 -LRB098 10559 AMC 56939 a


1county wherein such seizure
occurred. However, in the event 
2that a defendant raises the defense
that the seized slot 
3machine is an antique slot machine described in
subparagraph 
4(b) (7) of Section 28-1 of this Code and therefore he is
exempt 
5from the charge of a gambling activity participant, the seized

6antique slot machine shall not be destroyed or otherwise 
7altered until a
final determination is made by the Court as to 
8whether it is such an
antique slot machine. Upon a final 
9determination by the Court of this
question in favor of the 
10defendant, such slot machine shall be
immediately returned to 
11the defendant. Such order of forfeiture and
disposition shall, 
12for the purposes of appeal, be a final order and
judgment in a 
13civil proceeding.

14 (d) If a seizure pursuant to subparagraph (b) of this 
15Section is not
followed by a charge pursuant to subparagraph 
16(c) of this Section, or if
the prosecution of such charge is 
17permanently terminated or indefinitely
discontinued without 
18any judgment of conviction or acquittal (1) the
State's 
19Attorney shall commence an in rem proceeding for the forfeiture

20and destruction of a gambling device, or for the forfeiture and 
21deposit
in the general fund of the county of any seized money 
22or other things of
value, or both, in the circuit court and (2) 
23any person having any
property interest in such seized gambling 
24device, money or other thing
of value may commence separate 
25civil proceedings in the manner provided
by law.

26 (e) Any gambling device displayed for sale to a riverboat 
 
 
09800SB1739ham003- 177 -LRB098 10559 AMC 56939 a


1gambling
operation or casino gambling operation or used to 
2train occupational licensees of a riverboat gambling
operation 
3or casino gambling operation as authorized under the Illinois 
4Riverboat Gambling Act is exempt from
seizure under this 
5Section.

6 (f) Any gambling equipment, devices and supplies provided 
7by a licensed
supplier in accordance with the Illinois 
8Riverboat Gambling Act which are removed
from a the riverboat 
9or casino for repair are exempt from seizure under this 
10Section.

11 (g) The following video gaming terminals are exempt from 
12seizure under this Section:
13  (1) Video gaming terminals for sale to a licensed 
14 distributor or operator under the Video Gaming Act.
15  (2) Video gaming terminals used to train licensed 
16 technicians or licensed terminal handlers.
17  (3) Video gaming terminals that are removed from a 
18 licensed establishment, licensed truck stop establishment,

19 licensed
fraternal establishment, or licensed veterans 
20 establishment for repair. 
21(Source: P.A. 98-31, eff. 6-24-13.)





22 (720 ILCS 5/28-7)
 (from Ch. 38, par. 28-7)



23 Sec. 28-7. Gambling contracts void. 

24 (a) All promises, notes, bills, bonds, covenants, 
25contracts, agreements,
judgments, mortgages, or other 
 
 
09800SB1739ham003- 178 -LRB098 10559 AMC 56939 a


1securities or conveyances made, given,
granted, drawn, or 
2entered into, or executed by any person whatsoever,
where the 
3whole or any part of the consideration thereof is for any
money 
4or thing of value, won or obtained in violation of any Section 
5of
this Article are null and void.

6 (b) Any obligation void under this Section may be set aside 
7and vacated
by any court of competent jurisdiction, upon a 
8complaint filed for that
purpose, by the person so granting, 
9giving, entering into, or executing the
same, or by his 
10executors or administrators, or by any creditor, heir,
legatee, 
11purchaser or other person interested therein; or if a judgment,

12the same may be set aside on motion of any person stated above, 
13on due
notice thereof given.

14 (c) No assignment of any obligation void under this Section 
15may in any
manner affect the defense of the person giving, 
16granting, drawing, entering
into or executing such obligation, 
17or the remedies of any person interested
therein.

18 (d) This Section shall not prevent a licensed owner or 
19licensed manager of a riverboat
gambling operation or casino 
20gambling operation from instituting a cause of
action to 
21collect any amount due and owing under an extension of credit 
22to a
riverboat gambling patron as authorized under Section 11.1 
23of the Illinois
Riverboat Gambling Act.

24(Source: P.A. 87-826.)



25 Section 70. The Eminent Domain Act is amended by changing 
 
 
09800SB1739ham003- 179 -LRB098 10559 AMC 56939 a


1Section 15-5-25 as follows:

2 (735 ILCS 30/15-5-25)

3 Sec. 15-5-25. Eminent domain powers in ILCS Chapters 205 
4through 430. The following provisions of law may include 
5express grants of the power to acquire property by condemnation 
6or eminent domain:

7(220 ILCS 5/8-509); Public Utilities Act; public utilities; for 
8 construction of certain improvements.

9(220 ILCS 15/1); Gas Storage Act; corporations engaged in the 
10 distribution, transportation, or storage of natural gas or 
11 manufactured gas; for their operations.

12(220 ILCS 15/2 and 15/6); Gas Storage Act; corporations engaged 
13 in the distribution, transportation, or storage of natural 
14 gas or manufactured gas; for use of an underground 
15 geological formation for gas storage.

16(220 ILCS 30/13); Electric Supplier Act; electric 
17 cooperatives; for general purposes.

18(220 ILCS 55/3); Telegraph Act; telegraph companies; for 
19 telegraph lines.

20(220 ILCS 65/4); Telephone Company Act; telecommunications 
21 carriers; for telephone company purposes.

22(225 ILCS 435/23); Ferries Act; ferry operators; for a landing, 
23 ferryhouse, or approach.

24(225 ILCS 440/9); Highway Advertising Control Act of 1971; 
 
 
09800SB1739ham003- 180 -LRB098 10559 AMC 56939 a


1 Department of Transportation; for removal of signs 
2 adjacent to highways.

3 (230 ILCS 10/7.3a); Illinois Gambling Act; City of Chicago; for 
4 construction of gambling facilities. 
5(310 ILCS 5/6 and 5/38); State Housing Act; housing 
6 corporations; for general purposes.

7(310 ILCS 10/8.3); Housing Authorities Act; housing 
8 authorities; for general purposes.

9(310 ILCS 10/8.15); Housing Authorities Act; housing 
10 authorities; for implementation of conservation plans and 
11 demolition.

12(310 ILCS 10/9); Housing Authorities Act; housing authorities; 
13 for general purposes.

14(310 ILCS 20/5); Housing Development and Construction Act; 
15 housing authorities; for development or redevelopment.

16(310 ILCS 35/2); House Relocation Act; political subdivisions 
17 and municipal corporations; for relocation of dwellings 
18 for highway construction.

19(315 ILCS 5/14); Blighted Areas Redevelopment Act of 1947; land 
20 clearance commissions; for redevelopment projects.

21(315 ILCS 10/5); Blighted Vacant Areas Development Act of 1949; 
22 State of Illinois; for housing development.

23(315 ILCS 20/9 and 20/42); Neighborhood Redevelopment 
24 Corporation Law; neighborhood redevelopment corporations; 
25 for general purposes.
26(315 ILCS 25/4 and 25/6); Urban Community Conservation Act; 
 
 
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1 municipal conservation boards; for conservation areas.

2(315 ILCS 30/12); Urban Renewal Consolidation Act of 1961; 
3 municipal departments of urban renewal; for blighted area 
4 redevelopment projects.

5(315 ILCS 30/20 and 30/22); Urban Renewal Consolidation Act of 
6 1961; municipal departments of urban renewal; for 
7 implementing conservation areas.

8(315 ILCS 30/24); Urban Renewal Consolidation Act of 1961; 
9 municipal departments of urban renewal; for general 
10 purposes.

11(415 ILCS 95/6); Junkyard Act; Department of Transportation; 
12 for junkyards or scrap processing facilities.

13(420 ILCS 35/1); Radioactive Waste Storage Act; Illinois 
14 Emergency Management Agency; for radioactive by-product 
15 and waste storage.

16(Source: P.A. 94-1055, eff. 1-1-07.)

17 Section 75. The Payday Loan Reform Act is amended by 
18changing Section 3-5 as follows:

19 (815 ILCS 122/3-5)

20 Sec. 3-5. Licensure. 
21 (a) A license to make a payday loan shall state the 
22address,
including city and state, at which
the business is to 
23be conducted and shall state fully the name of the licensee.

24The license shall be conspicuously posted in the place of 
 
 
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1business of the
licensee and shall not be transferable or 
2assignable.

3 (b) An application for a license shall be in writing and in 
4a form
prescribed by the Secretary. The Secretary may not issue 
5a payday loan
license unless and until the following findings 
6are made:

7  (1) that the financial responsibility, experience, 
8 character, and general
fitness of the applicant are such as 
9 to command the confidence of the public
and to warrant the 
10 belief that the business will be operated lawfully and

11 fairly and within the provisions and purposes of this Act; 
12 and

13  (2) that the applicant has submitted such other 
14 information as the
Secretary may deem necessary.

15 (c) A license shall be issued for no longer than one year, 
16and no renewal
of a license may be provided if a licensee has 
17substantially violated this
Act and has not cured the violation 
18to the satisfaction of the Department.

19 (d) A licensee shall appoint, in writing, the Secretary as 
20attorney-in-fact
upon whom all lawful process against the 
21licensee may be served with the
same legal force and validity 
22as if served on the licensee. A copy of the
written 
23appointment, duly certified, shall be filed in the office of 
24the
Secretary, and a copy thereof certified by the Secretary 
25shall be sufficient
evidence to subject a licensee to 
26jurisdiction in a court of law. This appointment shall remain 
 
 
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1in effect while any liability remains
outstanding in this State 
2against the licensee. When summons is served upon
the Secretary 
3as attorney-in-fact for a licensee, the Secretary shall 
4immediately
notify the licensee by registered mail, enclosing 
5the summons and specifying
the hour and day of service.

6 (e) A licensee must pay an annual fee of $1,000. In 
7addition to the
license fee, the reasonable expense of any 
8examination or hearing
by the Secretary under any provisions of 
9this Act shall be borne by
the licensee. If a licensee fails to 
10renew its license by December 31,
its license
shall 
11automatically expire; however, the Secretary, in his or her 
12discretion,
may reinstate an expired license upon:

13  (1) payment of the annual fee within 30 days of the 
14 date of
expiration; and

15  (2) proof of good cause for failure to renew.

16 (f) Not more than one place of business shall be maintained 
17under the
same license, but the Secretary may issue more than 
18one license to the same
licensee upon compliance with all the 
19provisions of this Act governing
issuance of a single license. 
20The location, except those locations already in
existence as of 
21June 1, 2005, may not be within one mile of a
horse race track 
22subject to the Illinois Horse Racing Act of 1975,
within one 
23mile of a facility at which gambling is conducted under the 
24Illinois
Riverboat Gambling Act, within one mile of the 
25location at which a
riverboat subject to the Illinois Riverboat 
26Gambling Act docks, or within one mile of
any State of Illinois 
 
 
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1or United States military base or naval installation.

2 (g) No licensee shall conduct the business of making loans 
3under this
Act within any office, suite, room, or place of 
4business in which (1) any loans are offered or made under the 
5Consumer Installment Loan Act other than title secured loans as 
6defined in subsection (a) of Section 15 of the Consumer 
7Installment Loan Act and governed by Title 38, Section 110.330 
8of the Illinois Administrative Code or (2) any other
business 
9is solicited or engaged in unless the other business is 
10licensed by the Department or, in the opinion of the Secretary, 
11the
other business would not be contrary to the best interests 
12of consumers and
is authorized by the Secretary in writing.

13 (g-5) Notwithstanding subsection (g) of this Section, a 
14licensee may obtain a license under the Consumer Installment 
15Loan Act (CILA) for the exclusive purpose and use of making 
16title secured loans, as defined in subsection (a) of Section 15 
17of CILA and governed by Title 38, Section 110.300 of the 
18Illinois Administrative Code. A licensee may continue to 
19service Consumer Installment Loan Act loans that were 
20outstanding as of the effective date of this amendatory Act of 
21the 96th General Assembly. 
22 (h) The Secretary shall maintain a list of licensees that 
23shall be
available to interested consumers and lenders and the 
24public. The Secretary
shall maintain a toll-free number whereby 
25consumers may obtain
information about licensees. The 
26Secretary shall also establish a complaint
process under which 
 
 
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1an aggrieved consumer
may file a complaint against a licensee 
2or non-licensee who violates any
provision of this Act.

3(Source: P.A. 96-936, eff. 3-21-11.)

4 Section 80. The Travel Promotion Consumer Protection Act is 
5amended by changing Section 2 as follows:




6 (815 ILCS 420/2) (from Ch. 121 1/2, par. 1852)



7 Sec. 2. Definitions. 

8 (a) "Travel promoter" means a person, including a tour 
9operator, who sells,
provides, furnishes, contracts for, 
10arranges or advertises that he or she will
arrange wholesale or 
11retail transportation by air, land, sea or navigable
stream, 
12either separately or in conjunction with other services. 
13"Travel
promoter" does not include (1) an air carrier; (2) a 
14sea carrier; (3) an
officially appointed agent of an air 
15carrier who is a member in good standing
of the Airline 
16Reporting Corporation; (4) a travel promoter who has in
force 
17$1,000,000 or more of liability insurance coverage for 
18professional
errors and omissions and a surety bond or 
19equivalent surety in the amount of
$100,000 or more for the 
20benefit of consumers in the event of a bankruptcy on
the part 
21of the travel promoter; or (5) a riverboat subject to 
22regulation under
the Illinois Riverboat Gambling Act.

23 (b) "Advertise" means to make any representation in the 
24solicitation of
passengers and includes communication with 
 
 
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1other members of the same
partnership, corporation, joint 
2venture, association, organization, group or
other entity.

3 (c) "Passenger" means a person on whose behalf money or 
4other
consideration has been given or is to be given to 
5another, including
another member of the same partnership, 
6corporation, joint venture,
association, organization, group 
7or other entity, for travel.

8 (d) "Ticket or voucher" means a writing or combination of 
9writings which
is itself good and sufficient to obtain

10transportation and other services for which the passenger has 
11contracted.

12(Source: P.A. 91-357, eff. 7-29-99.)


13 Section 97. Severability. The provisions of this Act are 
14severable under Section 1.31 of the Statute on Statutes.

15 Section 99. Effective date. This Act takes effect September 
161, 2014.".