|
Sen. James F. Clayborne, Jr.
Filed: 5/13/2013
| | 09800HB0996sam002 | | LRB098 02797 AMC 45751 a |
|
|
1 | | AMENDMENT TO HOUSE BILL 996
|
2 | | AMENDMENT NO. ______. Amend House Bill 996, AS AMENDED, by |
3 | | inserting the following immediately above Section 5:
|
4 | | "Section 3. The Riverboat Gambling Act is amended by |
5 | | changing Section 5 as follows:
|
6 | | (230 ILCS 10/5) (from Ch. 120, par. 2405)
|
7 | | Sec. 5. Gaming Board.
|
8 | | (a) (1) There is hereby established the
Illinois Gaming |
9 | | Board, which shall have the powers and duties specified in
this |
10 | | Act, and all other powers necessary and proper to fully and
|
11 | | effectively execute this Act for the purpose of administering, |
12 | | regulating,
and enforcing the system of riverboat gambling |
13 | | established by this Act. Its
jurisdiction shall extend under |
14 | | this Act to every person, association,
corporation, |
15 | | partnership and trust involved in riverboat gambling
|
16 | | operations in the State of Illinois.
|
|
| | 09800HB0996sam002 | - 2 - | LRB098 02797 AMC 45751 a |
|
|
1 | | (2) The Board shall consist of 5 members to be appointed by |
2 | | the Governor
with the advice and consent of the Senate, one of |
3 | | whom shall be designated
by the Governor to be chairman. Each |
4 | | member shall have a reasonable
knowledge of the practice, |
5 | | procedure and principles of gambling operations.
Each member |
6 | | shall either be a resident of Illinois or shall certify that he
|
7 | | will become a resident of Illinois before taking office. At |
8 | | least one member
shall be experienced in law enforcement and |
9 | | criminal investigation, at
least one member shall be a |
10 | | certified public accountant experienced in
accounting and |
11 | | auditing, and at least one member shall be a lawyer licensed
to |
12 | | practice law in Illinois.
|
13 | | (3) The terms of office of the Board members shall be 3 |
14 | | years, except
that the terms of office of the initial Board |
15 | | members appointed pursuant to
this Act will commence from the |
16 | | effective date of this Act and run as
follows: one for a term |
17 | | ending July 1, 1991, 2 for a term ending July 1,
1992, and 2 for |
18 | | a term ending July 1, 1993. Upon the expiration of the
|
19 | | foregoing terms, the successors of such members shall serve a |
20 | | term for 3
years and until their successors are appointed and |
21 | | qualified for like terms.
Vacancies in the Board shall be |
22 | | filled for the unexpired term in like
manner as original |
23 | | appointments. Each member of the Board shall be
eligible for |
24 | | reappointment at the discretion of the Governor with the
advice |
25 | | and consent of the Senate.
|
26 | | (4) Each member of the Board shall receive $300 for each |
|
| | 09800HB0996sam002 | - 3 - | LRB098 02797 AMC 45751 a |
|
|
1 | | day the
Board meets and for each day the member conducts any |
2 | | hearing pursuant to
this Act. Each member of the Board shall |
3 | | also be reimbursed for all actual
and necessary expenses and |
4 | | disbursements incurred in the execution of official
duties.
|
5 | | (5) No person shall be appointed a member of the Board or |
6 | | continue to be
a member of the Board who is, or whose spouse, |
7 | | child or parent is, a member
of the board of directors of, or a |
8 | | person financially interested in, any
gambling operation |
9 | | subject to the jurisdiction of this Board, or any race
track, |
10 | | race meeting, racing association or the operations thereof |
11 | | subject
to the jurisdiction of the Illinois Racing Board. No |
12 | | Board member shall
hold any other public office. No person |
13 | | shall be a
member of the Board who is not of good moral |
14 | | character or who has been
convicted of, or is under indictment |
15 | | for, a felony under the laws of
Illinois or any other state, or |
16 | | the United States.
|
17 | | (5.5) No member of the Board shall engage in any political |
18 | | activity. For the purposes of this Section, "political" means |
19 | | any activity in support
of or in connection with any campaign |
20 | | for federal, State, or local elective office or any political
|
21 | | organization, but does not include activities (i) relating to |
22 | | the support or
opposition of any executive, legislative, or |
23 | | administrative action (as those
terms are defined in Section 2 |
24 | | of the Lobbyist Registration Act), (ii) relating
to collective |
25 | | bargaining, or (iii) that are
otherwise
in furtherance of the |
26 | | person's official
State duties or governmental and public |
|
| | 09800HB0996sam002 | - 4 - | LRB098 02797 AMC 45751 a |
|
|
1 | | service functions.
|
2 | | (6) Any member of the Board may be removed by the Governor |
3 | | for neglect
of duty, misfeasance, malfeasance, or nonfeasance |
4 | | in office or for engaging in any political activity.
|
5 | | (7) Before entering upon the discharge of the duties of his |
6 | | office, each
member of the Board shall take an oath that he |
7 | | will faithfully execute the
duties of his office according to |
8 | | the laws of the State and the rules and
regulations adopted |
9 | | therewith and shall give bond to the State of Illinois,
|
10 | | approved by the Governor, in the sum of $25,000. Every such |
11 | | bond, when
duly executed and approved, shall be recorded in the |
12 | | office of the
Secretary of State. Whenever the Governor |
13 | | determines that the bond of any
member of the Board has become |
14 | | or is likely to become invalid or
insufficient, he shall |
15 | | require such member forthwith to renew his bond,
which is to be |
16 | | approved by the Governor. Any member of the Board who fails
to |
17 | | take oath and give bond within 30 days from the date of his |
18 | | appointment,
or who fails to renew his bond within 30 days |
19 | | after it is demanded by the
Governor, shall be guilty of |
20 | | neglect of duty and may be removed by the
Governor. The cost of |
21 | | any bond given by any member of the Board under this
Section |
22 | | shall be taken to be a part of the necessary expenses of the |
23 | | Board.
|
24 | | (7.5) For the examination of all mechanical, |
25 | | electromechanical, or electronic table games, slot machines, |
26 | | slot accounting systems, and other electronic gaming equipment |
|
| | 09800HB0996sam002 | - 5 - | LRB098 02797 AMC 45751 a |
|
|
1 | | for compliance with this Act, the Board may utilize the |
2 | | services of one or more independent outside testing |
3 | | laboratories that have been accredited by a national |
4 | | accreditation body and that, in the judgment of the Board, are |
5 | | qualified to perform such examinations. |
6 | | (8) The Board shall employ such
personnel as may be |
7 | | necessary to carry out its functions and shall determine the |
8 | | salaries of all personnel, except those personnel whose |
9 | | salaries are determined under the terms of a collective |
10 | | bargaining agreement. No
person shall be employed to serve the |
11 | | Board who is, or whose spouse, parent
or child is, an official |
12 | | of, or has a financial interest in or financial
relation with, |
13 | | any operator engaged in gambling operations within this
State |
14 | | or any organization engaged in conducting horse racing within |
15 | | this
State. Any employee violating these prohibitions shall be |
16 | | subject to
termination of employment.
|
17 | | (9) An Administrator shall perform any and all duties that |
18 | | the Board
shall assign him. The salary of the Administrator |
19 | | shall be determined by
the Board and, in addition,
he shall be |
20 | | reimbursed for all actual and necessary expenses incurred by
|
21 | | him in discharge of his official duties. The Administrator |
22 | | shall keep
records of all proceedings of the Board and shall |
23 | | preserve all records,
books, documents and other papers |
24 | | belonging to the Board or entrusted to
its care. The |
25 | | Administrator shall devote his full time to the duties of
the |
26 | | office and shall not hold any other office or employment.
|
|
| | 09800HB0996sam002 | - 6 - | LRB098 02797 AMC 45751 a |
|
|
1 | | (b) The Board shall have general responsibility for the |
2 | | implementation
of this Act. Its duties include, without |
3 | | limitation, the following:
|
4 | | (1) To decide promptly and in reasonable order all |
5 | | license applications.
Any party aggrieved by an action of |
6 | | the Board denying, suspending,
revoking, restricting or |
7 | | refusing to renew a license may request a hearing
before |
8 | | the Board. A request for a hearing must be made to the |
9 | | Board in
writing within 5 days after service of notice of |
10 | | the action of the Board.
Notice of the action of the Board |
11 | | shall be served either by personal
delivery or by certified |
12 | | mail, postage prepaid, to the aggrieved party.
Notice |
13 | | served by certified mail shall be deemed complete on the |
14 | | business
day following the date of such mailing. The Board |
15 | | shall conduct all
requested hearings promptly and in |
16 | | reasonable order;
|
17 | | (2) To conduct all hearings pertaining to civil |
18 | | violations of this Act
or rules and regulations promulgated |
19 | | hereunder;
|
20 | | (3) To promulgate such rules and regulations as in its |
21 | | judgment may be
necessary to protect or enhance the |
22 | | credibility and integrity of gambling
operations |
23 | | authorized by this Act and the regulatory process |
24 | | hereunder;
|
25 | | (4) To provide for the establishment and collection of |
26 | | all license and
registration fees and taxes imposed by this |
|
| | 09800HB0996sam002 | - 7 - | LRB098 02797 AMC 45751 a |
|
|
1 | | Act and the rules and
regulations issued pursuant hereto. |
2 | | All such fees and taxes shall be
deposited into the State |
3 | | Gaming Fund;
|
4 | | (5) To provide for the levy and collection of penalties |
5 | | and fines for the
violation of provisions of this Act and |
6 | | the rules and regulations
promulgated hereunder. All such |
7 | | fines and penalties shall be deposited
into the Education |
8 | | Assistance Fund, created by Public Act 86-0018, of the
|
9 | | State of Illinois;
|
10 | | (6) To be present through its inspectors and agents any |
11 | | time gambling
operations are conducted on any riverboat for |
12 | | the purpose of certifying the
revenue thereof, receiving |
13 | | complaints from the public, and conducting such
other |
14 | | investigations into the conduct of the gambling games and |
15 | | the
maintenance of the equipment as from time to time the |
16 | | Board may deem
necessary and proper;
|
17 | | (7) To review and rule upon any complaint by a licensee
|
18 | | regarding any investigative procedures of the State which |
19 | | are unnecessarily
disruptive of gambling operations. The |
20 | | need to inspect and investigate
shall be presumed at all |
21 | | times. The disruption of a licensee's operations
shall be |
22 | | proved by clear and convincing evidence, and establish |
23 | | that: (A)
the procedures had no reasonable law enforcement |
24 | | purposes, and (B) the
procedures were so disruptive as to |
25 | | unreasonably inhibit gambling operations;
|
26 | | (8) To hold at least one meeting each quarter of the |
|
| | 09800HB0996sam002 | - 8 - | LRB098 02797 AMC 45751 a |
|
|
1 | | fiscal
year. In addition, special meetings may be called by |
2 | | the Chairman or any 2
Board members upon 72 hours written |
3 | | notice to each member. All Board
meetings shall be subject |
4 | | to the Open Meetings Act. Three members of the
Board shall |
5 | | constitute a quorum, and 3 votes shall be required for any
|
6 | | final determination by the Board. The Board shall keep a |
7 | | complete and
accurate record of all its meetings. A |
8 | | majority of the members of the Board
shall constitute a |
9 | | quorum for the transaction of any business, for the
|
10 | | performance of any duty, or for the exercise of any power |
11 | | which this Act
requires the Board members to transact, |
12 | | perform or exercise en banc, except
that, upon order of the |
13 | | Board, one of the Board members or an
administrative law |
14 | | judge designated by the Board may conduct any hearing
|
15 | | provided for under this Act or by Board rule and may |
16 | | recommend findings and
decisions to the Board. The Board |
17 | | member or administrative law judge
conducting such hearing |
18 | | shall have all powers and rights granted to the
Board in |
19 | | this Act. The record made at the time of the hearing shall |
20 | | be
reviewed by the Board, or a majority thereof, and the |
21 | | findings and decision
of the majority of the Board shall |
22 | | constitute the order of the Board in
such case;
|
23 | | (9) To maintain records which are separate and distinct |
24 | | from the records
of any other State board or commission. |
25 | | Such records shall be available
for public inspection and |
26 | | shall accurately reflect all Board proceedings;
|
|
| | 09800HB0996sam002 | - 9 - | LRB098 02797 AMC 45751 a |
|
|
1 | | (10) To file a written annual report with the Governor |
2 | | on or before
March 1 each year and such additional reports |
3 | | as the Governor may request.
The annual report shall |
4 | | include a statement of receipts and disbursements
by the |
5 | | Board, actions taken by the Board, and any additional |
6 | | information
and recommendations which the Board may deem |
7 | | valuable or which the Governor
may request;
|
8 | | (11) (Blank);
|
9 | | (12) (Blank);
|
10 | | (13) To assume responsibility for administration and |
11 | | enforcement of the
Video Gaming Act; and |
12 | | (14) To adopt, by rule, a code of conduct governing |
13 | | Board members and employees that ensure, to the maximum |
14 | | extent possible, that persons subject to this Code avoid |
15 | | situations, relationships, or associations that may |
16 | | represent or lead to a conflict of interest.
|
17 | | (c) The Board shall have jurisdiction over and shall |
18 | | supervise all
gambling operations governed by this Act. The |
19 | | Board shall have all powers
necessary and proper to fully and |
20 | | effectively execute the provisions of
this Act, including, but |
21 | | not limited to, the following:
|
22 | | (1) To investigate applicants and determine the |
23 | | eligibility of
applicants for licenses and to select among |
24 | | competing applicants the
applicants which best serve the |
25 | | interests of the citizens of Illinois.
|
26 | | (2) To have jurisdiction and supervision over all |
|
| | 09800HB0996sam002 | - 10 - | LRB098 02797 AMC 45751 a |
|
|
1 | | riverboat gambling
operations in this State and all persons |
2 | | on riverboats where gambling
operations are conducted.
|
3 | | (3) To promulgate rules and regulations for the purpose |
4 | | of administering
the provisions of this Act and to |
5 | | prescribe rules, regulations and
conditions under which |
6 | | all riverboat gambling in the State shall be
conducted. |
7 | | Such rules and regulations are to provide for the |
8 | | prevention of
practices detrimental to the public interest |
9 | | and for the best interests of
riverboat gambling, including |
10 | | rules and regulations regarding the
inspection of such |
11 | | riverboats and the review of any permits or licenses
|
12 | | necessary to operate a riverboat under any laws or |
13 | | regulations applicable
to riverboats, and to impose |
14 | | penalties for violations thereof.
|
15 | | (4) To enter the office, riverboats, facilities, or |
16 | | other
places of business of a licensee, where evidence of |
17 | | the compliance or
noncompliance with the provisions of this |
18 | | Act is likely to be found.
|
19 | | (5) To investigate alleged violations of this Act or |
20 | | the
rules of the Board and to take appropriate disciplinary
|
21 | | action against a licensee or a holder of an occupational |
22 | | license for a
violation, or institute appropriate legal |
23 | | action for enforcement, or both.
|
24 | | (6) To adopt standards for the licensing of all persons |
25 | | under this Act,
as well as for electronic or mechanical |
26 | | gambling games, and to establish
fees for such licenses.
|
|
| | 09800HB0996sam002 | - 11 - | LRB098 02797 AMC 45751 a |
|
|
1 | | (7) To adopt appropriate standards for all riverboats
|
2 | | and facilities.
|
3 | | (8) To require that the records, including financial or |
4 | | other statements
of any licensee under this Act, shall be |
5 | | kept in such manner as prescribed
by the Board and that any |
6 | | such licensee involved in the ownership or
management of |
7 | | gambling operations submit to the Board an annual balance
|
8 | | sheet and profit and loss statement, list of the |
9 | | stockholders or other
persons having a 1% or greater |
10 | | beneficial interest in the gambling
activities of each |
11 | | licensee, and any other information the Board deems
|
12 | | necessary in order to effectively administer this Act and |
13 | | all rules,
regulations, orders and final decisions |
14 | | promulgated under this Act.
|
15 | | (9) To conduct hearings, issue subpoenas for the |
16 | | attendance of
witnesses and subpoenas duces tecum for the |
17 | | production of books, records
and other pertinent documents |
18 | | in accordance with the Illinois
Administrative Procedure |
19 | | Act, and to administer oaths and affirmations to
the |
20 | | witnesses, when, in the judgment of the Board, it is |
21 | | necessary to
administer or enforce this Act or the Board |
22 | | rules.
|
23 | | (10) To prescribe a form to be used by any licensee |
24 | | involved in the
ownership or management of gambling |
25 | | operations as an
application for employment for their |
26 | | employees.
|
|
| | 09800HB0996sam002 | - 12 - | LRB098 02797 AMC 45751 a |
|
|
1 | | (11) To revoke or suspend licenses, as the Board may |
2 | | see fit and in
compliance with applicable laws of the State |
3 | | regarding administrative
procedures, and to review |
4 | | applications for the renewal of licenses. The
Board may |
5 | | suspend an owners license, without notice or hearing upon a
|
6 | | determination that the safety or health of patrons or |
7 | | employees is
jeopardized by continuing a riverboat's |
8 | | operation. The suspension may
remain in effect until the |
9 | | Board determines that the cause for suspension
has been |
10 | | abated. The Board may revoke the owners license upon a
|
11 | | determination that the owner has not made satisfactory |
12 | | progress toward
abating the hazard.
|
13 | | (12) To eject or exclude or authorize the ejection or |
14 | | exclusion of, any
person from riverboat gambling |
15 | | facilities where such person is in violation
of this Act, |
16 | | rules and regulations thereunder, or final orders of the
|
17 | | Board, or where such person's conduct or reputation is such |
18 | | that his
presence within the riverboat gambling facilities |
19 | | may, in the opinion of
the Board, call into question the |
20 | | honesty and integrity of the gambling
operations or |
21 | | interfere with orderly conduct thereof; provided that the
|
22 | | propriety of such ejection or exclusion is subject to |
23 | | subsequent hearing
by the Board.
|
24 | | (13) To require all licensees of gambling operations to |
25 | | utilize a
cashless wagering system whereby all players' |
26 | | money is converted to tokens,
electronic cards, or chips |
|
| | 09800HB0996sam002 | - 13 - | LRB098 02797 AMC 45751 a |
|
|
1 | | which shall be used only for wagering in the
gambling |
2 | | establishment.
|
3 | | (14) (Blank).
|
4 | | (15) To suspend, revoke or restrict licenses, to |
5 | | require the
removal of a licensee or an employee of a |
6 | | licensee for a violation of this
Act or a Board rule or for |
7 | | engaging in a fraudulent practice, and to
impose civil |
8 | | penalties of up to $5,000 against individuals and up to
|
9 | | $10,000 or an amount equal to the daily gross receipts, |
10 | | whichever is
larger, against licensees for each violation |
11 | | of any provision of the Act,
any rules adopted by the |
12 | | Board, any order of the Board or any other action
which, in |
13 | | the Board's discretion, is a detriment or impediment to |
14 | | riverboat
gambling operations.
|
15 | | (16) To hire employees to gather information, conduct |
16 | | investigations
and carry out any other tasks contemplated |
17 | | under this Act.
|
18 | | (17) To establish minimum levels of insurance to be |
19 | | maintained by
licensees.
|
20 | | (18) To authorize a licensee to sell or serve alcoholic |
21 | | liquors, wine or
beer as defined in the Liquor Control Act |
22 | | of 1934 on board a riverboat
and to have exclusive |
23 | | authority to establish the hours for sale and
consumption |
24 | | of alcoholic liquor on board a riverboat, notwithstanding |
25 | | any
provision of the Liquor Control Act of 1934 or any |
26 | | local ordinance, and
regardless of whether the riverboat |
|
| | 09800HB0996sam002 | - 14 - | LRB098 02797 AMC 45751 a |
|
|
1 | | makes excursions. The
establishment of the hours for sale |
2 | | and consumption of alcoholic liquor on
board a riverboat is |
3 | | an exclusive power and function of the State. A home
rule |
4 | | unit may not establish the hours for sale and consumption |
5 | | of alcoholic
liquor on board a riverboat. This amendatory |
6 | | Act of 1991 is a denial and
limitation of home rule powers |
7 | | and functions under subsection (h) of
Section 6 of Article |
8 | | VII of the Illinois Constitution.
|
9 | | (19) After consultation with the U.S. Army Corps of |
10 | | Engineers, to
establish binding emergency orders upon the |
11 | | concurrence of a majority of
the members of the Board |
12 | | regarding the navigability of water, relative to
|
13 | | excursions,
in the event
of extreme weather conditions, |
14 | | acts of God or other extreme circumstances.
|
15 | | (20) To delegate the execution of any of its powers |
16 | | under this Act for
the purpose of administering and |
17 | | enforcing this Act and its rules and
regulations hereunder.
|
18 | | (20.5) To approve any contract entered into on its |
19 | | behalf.
|
20 | | (20.6) To appoint investigators to conduct |
21 | | investigations, searches, seizures, arrests, and other |
22 | | duties imposed under this Act, as deemed necessary by the |
23 | | Board. These investigators have and may exercise all of the |
24 | | rights and powers of peace officers, provided that these |
25 | | powers shall be limited to offenses or violations occurring |
26 | | or committed on a riverboat or dock, as defined in |
|
| | 09800HB0996sam002 | - 15 - | LRB098 02797 AMC 45751 a |
|
|
1 | | subsections (d) and (f) of Section 4, or as otherwise |
2 | | provided by this Act or any other law. |
3 | | (20.7) To contract with the Department of State Police |
4 | | for the use of trained and qualified State police officers |
5 | | and with the Department of Revenue for the use of trained |
6 | | and qualified Department of Revenue investigators to |
7 | | conduct investigations, searches, seizures, arrests, and |
8 | | other duties imposed under this Act and to exercise all of |
9 | | the rights and powers of peace officers, provided that the |
10 | | powers of Department of Revenue investigators under this |
11 | | subdivision (20.7) shall be limited to offenses or |
12 | | violations occurring or committed on a riverboat or dock, |
13 | | as defined in subsections (d) and (f) of Section 4, or as |
14 | | otherwise provided by this Act or any other law. In the |
15 | | event the Department of State Police or the Department of |
16 | | Revenue is unable to fill contracted police or |
17 | | investigative positions, the Board may appoint |
18 | | investigators to fill those positions pursuant to |
19 | | subdivision (20.6).
|
20 | | (21) To take any other action as may be reasonable or |
21 | | appropriate to
enforce this Act and rules and regulations |
22 | | hereunder.
|
23 | | (d) The Board may seek and shall receive the cooperation of |
24 | | the
Department of State Police in conducting background |
25 | | investigations of
applicants and in fulfilling its |
26 | | responsibilities under
this Section. Costs incurred by the |
|
| | 09800HB0996sam002 | - 16 - | LRB098 02797 AMC 45751 a |
|
|
1 | | Department of State Police as
a result of such cooperation |
2 | | shall be paid by the Board in conformance
with the requirements |
3 | | of Section 2605-400 of the Department of State Police Law
(20 |
4 | | ILCS 2605/2605-400).
|
5 | | (e) The Board must authorize to each investigator and to |
6 | | any other
employee of the Board exercising the powers of a |
7 | | peace officer a distinct badge
that, on its face, (i) clearly |
8 | | states that the badge is authorized by the Board
and
(ii) |
9 | | contains a unique identifying number. No other badge shall be |
10 | | authorized
by the Board.
|
11 | | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; |
12 | | 96-1000, eff. 7-2-10; 96-1392, eff. 1-1-11.)"; and
|
13 | | by inserting the following immediately below Section 5:
|
14 | | "Section 10. The Video Gaming
Act is amended by changing |
15 | | Section 15 as follows:
|
16 | | (230 ILCS 40/15)
|
17 | | Sec. 15. Minimum requirements for
licensing and |
18 | | registration. Every video gaming terminal offered for
play |
19 | | shall first be
tested and approved pursuant to the rules of the |
20 | | Board, and
each video gaming terminal offered in this State for |
21 | | play shall conform to an
approved
model. For the examination of |
22 | | video gaming machines and associated equipment as required by |
23 | | this Section, the The Board may utilize the services of one or |
|
| | 09800HB0996sam002 | - 17 - | LRB098 02797 AMC 45751 a |
|
|
1 | | more an independent outside testing laboratories that have been |
2 | | accredited by a national accreditation body and that, in the |
3 | | judgment of the Board, are qualified to perform such |
4 | | examinations laboratory for the
examination of video gaming |
5 | | machines and associated equipment as required
by this Section . |
6 | | Every video gaming terminal offered in this State for play must |
7 | | meet minimum standards set by an independent outside testing |
8 | | laboratory approved by the Board. Each approved model shall, at |
9 | | a minimum, meet the following
criteria:
|
10 | | (1) It must conform to all requirements of federal law |
11 | | and
regulations, including FCC Class A
Emissions |
12 | | Standards.
|
13 | | (2) It must theoretically pay out a mathematically |
14 | | demonstrable percentage
during the expected lifetime of |
15 | | the machine
of all amounts played, which must not be less |
16 | | than 80%. The Board shall establish a maximum payout |
17 | | percentage for approved models by rule. Video gaming
|
18 | | terminals that may be affected by skill must meet this |
19 | | standard when using a
method of play that will provide the |
20 | | greatest return to the player over a
period of continuous |
21 | | play.
|
22 | | (3) It must use a random selection process to determine |
23 | | the outcome of
each play of a game. The random selection |
24 | | process must meet 99% confidence
limits using a standard |
25 | | chi-squared test for (randomness) goodness of fit.
|
26 | | (4) It must display an accurate representation of the |
|
| | 09800HB0996sam002 | - 18 - | LRB098 02797 AMC 45751 a |
|
|
1 | | game outcome.
|
2 | | (5) It must not automatically alter pay tables or any |
3 | | function of the
video gaming terminal based on internal |
4 | | computation of hold percentage or have
any means of |
5 | | manipulation that affects the random selection process or
|
6 | | probabilities of winning a game.
|
7 | | (6) It must not be adversely affected by static |
8 | | discharge or other
electromagnetic interference.
|
9 | | (7) It must be capable of detecting and displaying the |
10 | | following
conditions
during idle states or on demand: power |
11 | | reset; door open; and door just closed.
|
12 | | (8) It must have the capacity to display complete play |
13 | | history
(outcome, intermediate play steps, credits |
14 | | available, bets placed, credits
paid, and credits cashed |
15 | | out) for the most recent game played and 10 games
prior
|
16 | | thereto.
|
17 | | (9) The theoretical payback percentage of a video |
18 | | gaming terminal must
not be
capable of being changed |
19 | | without making a hardware or software change in
the video |
20 | | gaming terminal, either on site or via the central |
21 | | communications system.
|
22 | | (10) Video gaming terminals must be designed so that |
23 | | replacement of
parts or modules required for normal |
24 | | maintenance does not necessitate
replacement of the |
25 | | electromechanical meters.
|
26 | | (11) It must have nonresettable meters housed in a |
|
| | 09800HB0996sam002 | - 19 - | LRB098 02797 AMC 45751 a |
|
|
1 | | locked area of the
terminal that
keep a permanent record of |
2 | | all cash inserted into the machine, all winnings
made by |
3 | | the terminal printer, credits played in for video gaming |
4 | | terminals, and
credits won by video gaming players. The |
5 | | video gaming terminal must provide
the means for on-demand |
6 | | display of stored information as determined by the
Board.
|
7 | | (12) Electronically stored meter information required |
8 | | by this Section
must be preserved for a minimum of 180 days |
9 | | after a power loss to the service.
|
10 | | (13) It must have one or more mechanisms that accept |
11 | | cash in the
form of
bills. The mechanisms shall be designed |
12 | | to prevent obtaining credits without
paying by stringing, |
13 | | slamming, drilling, or other means. If such attempts at |
14 | | physical tampering are made, the video gaming terminal |
15 | | shall suspend itself from operating until reset.
|
16 | | (14) It shall have accounting software that keeps an |
17 | | electronic record
which includes, but is not limited to, |
18 | | the following: total cash inserted
into the video gaming |
19 | | terminal; the value of winning tickets claimed by
players; |
20 | | the
total credits played; the total
credits awarded
by a |
21 | | video gaming terminal; and pay back percentage credited to |
22 | | players of each video game.
|
23 | | (15) It shall be linked by a central communications |
24 | | system
to provide
auditing program information as approved |
25 | | by the Board. The central communications system shall use a |
26 | | standard industry protocol, as defined by the Gaming |
|
| | 09800HB0996sam002 | - 20 - | LRB098 02797 AMC 45751 a |
|
|
1 | | Standards Association, and shall have the functionality to |
2 | | enable the Board or its designee to activate or deactivate |
3 | | individual gaming devices from the central communications |
4 | | system. In no event may the
communications system approved |
5 | | by the Board limit participation to only one
manufacturer |
6 | | of video gaming terminals by either the cost in |
7 | | implementing
the necessary program modifications to |
8 | | communicate or the inability to
communicate with the |
9 | | central communications system.
|
10 | | (16) The Board, in its discretion, may require video |
11 | | gaming terminals to display Amber Alert messages if the |
12 | | Board makes a finding that it would be economically and |
13 | | technically feasible and pose no risk to the integrity and |
14 | | security of the central communications system and video |
15 | | gaming terminals.
|
16 | | The Board may adopt rules to establish additional criteria |
17 | | to preserve the integrity and security of video gaming in this |
18 | | State. The central communications system vendor may not hold |
19 | | any license issued by the Board under this Act. |
20 | | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; |
21 | | 96-1410, eff. 7-30-10.)".
|