|
Rep. Norine K. Hammond
Filed: 3/8/2023
| | 10300HB1803ham001 | | LRB103 28038 BMS 58032 a |
|
|
| 1 | | AMENDMENT TO HOUSE BILL 1803
|
| 2 | | AMENDMENT NO. ______. Amend House Bill 1803 by replacing |
| 3 | | everything after the enacting clause with the following:
|
| 4 | | "Section 5. The Video Gaming
Act is amended by changing |
| 5 | | Section 45 as follows:
|
| 6 | | (230 ILCS 40/45)
|
| 7 | | Sec. 45. Issuance of license.
|
| 8 | | (a) The burden is upon each applicant to
demonstrate his |
| 9 | | suitability for licensure. Each video gaming terminal
|
| 10 | | manufacturer, distributor, supplier, operator, handler, |
| 11 | | licensed establishment, licensed truck stop establishment, |
| 12 | | licensed large truck stop establishment, licensed
fraternal
|
| 13 | | establishment, and licensed veterans establishment shall be
|
| 14 | | licensed by the Board.
The Board may issue or deny a license |
| 15 | | under this Act to any person pursuant to the same criteria set |
| 16 | | forth in Section 9 of the Illinois Gambling Act.
|
|
| | 10300HB1803ham001 | - 2 - | LRB103 28038 BMS 58032 a |
|
|
| 1 | | (a-5) The Board shall not grant a license to a person who |
| 2 | | has facilitated, enabled, or participated in the use of |
| 3 | | coin-operated devices for gambling purposes or who is under |
| 4 | | the significant influence or control of such a person. For the |
| 5 | | purposes of this Act, "facilitated, enabled, or participated |
| 6 | | in the use of coin-operated amusement devices for gambling |
| 7 | | purposes" means that the person has been convicted of any |
| 8 | | violation of Article 28 of the Criminal Code of 1961 or the |
| 9 | | Criminal Code of 2012. If there is pending legal action |
| 10 | | against a person for any such violation, then the Board shall |
| 11 | | delay the licensure of that person until the legal action is |
| 12 | | resolved. |
| 13 | | (b) Each person seeking and possessing a license as a |
| 14 | | video gaming terminal manufacturer, distributor, supplier, |
| 15 | | operator, handler, licensed establishment, licensed truck stop |
| 16 | | establishment, licensed large truck stop establishment, |
| 17 | | licensed fraternal establishment, or licensed veterans |
| 18 | | establishment shall submit to a background investigation |
| 19 | | conducted by the Board with the assistance of the Illinois |
| 20 | | State Police or other law enforcement. To the extent that the |
| 21 | | corporate structure of the applicant allows, the background |
| 22 | | investigation shall include any or all of the following as the |
| 23 | | Board deems appropriate or as provided by rule for each |
| 24 | | category of licensure: (i) each beneficiary of a trust, (ii) |
| 25 | | each partner of a partnership, (iii) each member of a limited |
| 26 | | liability company, (iv) each director and officer of a |
|
| | 10300HB1803ham001 | - 3 - | LRB103 28038 BMS 58032 a |
|
|
| 1 | | publicly or non-publicly held corporation, (v) each |
| 2 | | stockholder of a non-publicly held corporation, (vi) each |
| 3 | | stockholder of 5% or more of a publicly held corporation, or |
| 4 | | (vii) each stockholder of 5% or more in a parent or subsidiary |
| 5 | | corporation. |
| 6 | | (c) Each person seeking and possessing a license as a |
| 7 | | video gaming terminal manufacturer, distributor, supplier, |
| 8 | | operator, handler, licensed establishment, licensed truck stop |
| 9 | | establishment, licensed large truck stop establishment, |
| 10 | | licensed fraternal establishment, or licensed veterans |
| 11 | | establishment shall disclose the identity of every person, |
| 12 | | association, trust, corporation, or limited liability company |
| 13 | | having a greater than 1% direct or indirect pecuniary interest |
| 14 | | in the video gaming terminal operation for which the license |
| 15 | | is sought. If the disclosed entity is a trust, the application |
| 16 | | shall disclose the names and addresses of the beneficiaries; |
| 17 | | if a corporation, the names and addresses of all stockholders |
| 18 | | and directors; if a limited liability company, the names and |
| 19 | | addresses of all members; or if a partnership, the names and |
| 20 | | addresses of all partners, both general and limited. |
| 21 | | (d) No person may be licensed as a video gaming terminal |
| 22 | | manufacturer, distributor, supplier, operator, handler, |
| 23 | | licensed establishment, licensed truck stop establishment, |
| 24 | | licensed large truck stop establishment, licensed fraternal |
| 25 | | establishment, or licensed veterans establishment if that |
| 26 | | person has been found by the Board to: |
|
| | 10300HB1803ham001 | - 4 - | LRB103 28038 BMS 58032 a |
|
|
| 1 | | (1) have a background, including a criminal record, |
| 2 | | reputation, habits, social or business associations, or |
| 3 | | prior activities that pose a threat to the public |
| 4 | | interests of the State or to the security and integrity of |
| 5 | | video gaming; |
| 6 | | (2) create or enhance the dangers of unsuitable, |
| 7 | | unfair, or illegal practices, methods, and activities in |
| 8 | | the conduct of video gaming; or |
| 9 | | (3) present questionable business practices and |
| 10 | | financial arrangements incidental to the conduct of video |
| 11 | | gaming activities. |
| 12 | | (e) Any applicant for any license under this Act has the |
| 13 | | burden of proving his or her qualifications to the |
| 14 | | satisfaction of the Board. The Board may adopt rules to |
| 15 | | establish additional qualifications and requirements to |
| 16 | | preserve the integrity and security of video gaming in this |
| 17 | | State. |
| 18 | | (f) A non-refundable application fee shall be paid at the |
| 19 | | time an
application for a license is filed with the Board in |
| 20 | | the following amounts:
|
| 21 | | (1) Manufacturer..........................$5,000
|
| 22 | | (2) Distributor...........................$5,000
|
| 23 | | (3) Terminal operator.....................$5,000
|
| 24 | | (4) Supplier..............................$2,500
|
| 25 | | (5) Technician..............................$100
|
| 26 | | (6) Terminal Handler........................$100
|
|
| | 10300HB1803ham001 | - 5 - | LRB103 28038 BMS 58032 a |
|
|
| 1 | | (7) Licensed establishment, licensed truck stop
|
| 2 | | establishment, licensed large truck stop establishment,
|
| 3 | | licensed fraternal establishment, or licensed
|
| 4 | | veterans establishment...............................$100 |
| 5 | | (8) Sales agent and broker.......................$100 |
| 6 | | (g) The Board shall establish an
annual fee for each |
| 7 | | license not to exceed the following: |
| 8 | | (1) Manufacturer.........................$10,000
|
| 9 | | (2) Distributor..........................$10,000
|
| 10 | | (3) Terminal operator.....................$5,000
|
| 11 | | (4) Supplier..............................$2,000
|
| 12 | | (5) Technician..............................$100
|
| 13 | | (6) Licensed establishment, licensed truck stop
|
| 14 | | establishment, licensed large truck stop establishment,
|
| 15 | | licensed fraternal establishment, or licensed
|
| 16 | | veterans establishment..........................$100
|
| 17 | | (7) Video gaming terminal...................$100
|
| 18 | | (8) Terminal Handler............................$100
|
| 19 | | (9) Sales agent and broker.......................$100 |
| 20 | | (h) A terminal operator and a licensed establishment, |
| 21 | | licensed truck stop establishment, licensed large truck stop |
| 22 | | establishment, licensed fraternal establishment,
or licensed |
| 23 | | veterans establishment shall equally split the fees specified |
| 24 | | in item (7) of subsection (g). |
| 25 | | (i) When processing applications for a license and issuing |
| 26 | | licenses to licensed establishments, the Board shall |