|
|
Gaming Committee
Adopted in House Comm. on Mar 05, 2008
|
|
09500HB4662ham001 |
|
LRB095 17128 AMC 47635 a |
|
|
| 1 |
| AMENDMENT TO HOUSE BILL 4662
|
| 2 |
| AMENDMENT NO. ______. Amend House Bill 4662 by replacing |
| 3 |
| everything after the enacting clause with the following:
|
| 4 |
| "Section 5. The Check Cashing Act is amended by changing |
| 5 |
| Section 1 and
adding Section 3 as follows:
|
| 6 |
| (815 ILCS 315/1) (from Ch. 121 1/2, par. 1901)
|
| 7 |
| Sec. 1. Definitions. As used in this Act: ,
|
| 8 |
| "Merchant" means a person, firm,
association, partnership |
| 9 |
| or corporation primarily engaged in the business
of selling |
| 10 |
| tangible personal property at retail.
|
| 11 |
| "Casino-based electronic check acceptance service" means |
| 12 |
| any
check-guarantee, check-acceptance, check-co-signing, or |
| 13 |
| check-risk-management
service that is performed by a firm that |
| 14 |
| is engaged in the financial service
industry or in any
branch |
| 15 |
| of the
financial service industry, provided that the service is |
| 16 |
| performed as part of a
transaction involving a check that takes |
|
|
|
09500HB4662ham001 |
- 2 - |
LRB095 17128 AMC 47635 a |
|
|
| 1 |
| place on a riverboat subject to the Riverboat Gambling Act, or |
| 2 |
| in a facility associated with the riverboat located within |
| 3 |
| 1,000 feet of the riverboat.
|
| 4 |
| (Source: P.A. 85-997.)
|
| 5 |
| (815 ILCS 315/3 new)
|
| 6 |
| Sec. 3. Casino-based electronic check acceptance services. |
| 7 |
| Notwithstanding any law to the contrary, if a casino-based
|
| 8 |
| electronic check acceptance service has taken part in a |
| 9 |
| casino-based
transaction involving a check that is dishonored, |
| 10 |
| then a casino-based electronic check acceptance service may not
|
| 11 |
| recover treble damages from a person who writes a check for use |
| 12 |
| in a casino-based transaction that is dishonored. |
| 13 |
| Notwithstanding any other rulemaking authority that may |
| 14 |
| exist, neither the Governor nor any agency or agency head under |
| 15 |
| the jurisdiction of the Governor has any authority to make or |
| 16 |
| promulgate rules to implement or enforce the provisions of this |
| 17 |
| amendatory Act of the 95th General Assembly. If, however, the |
| 18 |
| Governor believes that rules are necessary to implement or |
| 19 |
| enforce the provisions of this amendatory Act of the 95th |
| 20 |
| General Assembly, the Governor may suggest rules to the General |
| 21 |
| Assembly by filing them with the Clerk of the House and the |
| 22 |
| Secretary of the Senate and by requesting that the General |
| 23 |
| Assembly authorize such rulemaking by law, enact those |
| 24 |
| suggested rules into law, or take any other appropriate action |
| 25 |
| in the General Assembly's discretion. Nothing contained in this |
|
|
|
09500HB4662ham001 |
- 3 - |
LRB095 17128 AMC 47635 a |
|
|
| 1 |
| amendatory Act of the 95th General Assembly shall be |
| 2 |
| interpreted to grant rulemaking authority under any other |
| 3 |
| Illinois statute where such authority is not otherwise |
| 4 |
| explicitly given. For the purposes of this amendatory Act of |
| 5 |
| the 95th General Assembly, "rules" is given the meaning |
| 6 |
| contained in Section 1-70 of the Illinois Administrative |
| 7 |
| Procedure Act, and "agency" and "agency head" are given the |
| 8 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois |
| 9 |
| Administrative Procedure Act to the extent that such |
| 10 |
| definitions apply to agencies or agency heads under the |
| 11 |
| jurisdiction of the Governor.".
|