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Gaming Committee
Adopted in House Comm. on Mar 05, 2008
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09500HB4662ham001 |
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LRB095 17128 AMC 47635 a |
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| AMENDMENT TO HOUSE BILL 4662
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| AMENDMENT NO. ______. Amend House Bill 4662 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Check Cashing Act is amended by changing |
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| Section 1 and
adding Section 3 as follows:
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| (815 ILCS 315/1) (from Ch. 121 1/2, par. 1901)
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| Sec. 1. Definitions. As used in this Act : ,
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| "Merchant" means a person, firm,
association, partnership |
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| or corporation primarily engaged in the business
of selling |
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| tangible personal property at retail.
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| "Casino-based electronic check acceptance service" means |
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| any
check-guarantee, check-acceptance, check-co-signing, or |
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| check-risk-management
service that is performed by a firm that |
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| is engaged in the financial service
industry or in any
branch |
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| of the
financial service industry, provided that the service is |
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| performed as part of a
transaction involving a check that takes |
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09500HB4662ham001 |
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LRB095 17128 AMC 47635 a |
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| place on a riverboat subject to the Riverboat Gambling Act, or |
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| in a facility associated with the riverboat located within |
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| 1,000 feet of the riverboat.
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| (Source: P.A. 85-997.)
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| (815 ILCS 315/3 new)
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| Sec. 3. Casino-based electronic check acceptance services. |
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| Notwithstanding any law to the contrary, if a casino-based
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| electronic check acceptance service has taken part in a |
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| casino-based
transaction involving a check that is dishonored, |
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| then a casino-based electronic check acceptance service may not
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| recover treble damages from a person who writes a check for use |
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| in a casino-based transaction that is dishonored. |
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| Notwithstanding any other rulemaking authority that may |
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| exist, neither the Governor nor any agency or agency head under |
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| the jurisdiction of the Governor has any authority to make or |
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| promulgate rules to implement or enforce the provisions of this |
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| amendatory Act of the 95th General Assembly. If, however, the |
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| Governor believes that rules are necessary to implement or |
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| enforce the provisions of this amendatory Act of the 95th |
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| General Assembly, the Governor may suggest rules to the General |
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| Assembly by filing them with the Clerk of the House and the |
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| Secretary of the Senate and by requesting that the General |
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| Assembly authorize such rulemaking by law, enact those |
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| suggested rules into law, or take any other appropriate action |
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| in the General Assembly's discretion. Nothing contained in this |
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09500HB4662ham001 |
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LRB095 17128 AMC 47635 a |
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| amendatory Act of the 95th General Assembly shall be |
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| interpreted to grant rulemaking authority under any other |
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| Illinois statute where such authority is not otherwise |
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| explicitly given. For the purposes of this amendatory Act of |
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| the 95th General Assembly, "rules" is given the meaning |
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| contained in Section 1-70 of the Illinois Administrative |
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| Procedure Act, and "agency" and "agency head" are given the |
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| meanings contained in Sections 1-20 and 1-25 of the Illinois |
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| Administrative Procedure Act to the extent that such |
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| definitions apply to agencies or agency heads under the |
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| jurisdiction of the Governor. ".
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