Rep. Marcus C. Evans, Jr.

Filed: 5/19/2023

 

 


 

 


 
10300SB1996ham005LRB103 28652 RPS 62332 a

1
AMENDMENT TO SENATE BILL 1996

2    AMENDMENT NO. ______. Amend Senate Bill 1996, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Illinois Administrative Procedure Act is
6amended by adding Section 5-45.35 as follows:
 
7    (5 ILCS 100/5-45.35 new)
8    Sec. 5-45.35. Emergency rulemaking; occupational licenses.
9To provide for the expeditious and timely implementation of
10this amendatory Act of the 103rd General Assembly, emergency
11rules implementing the changes made to Section 9 of the
12Illinois Gambling Act may be adopted in accordance with
13Section 5-45 by the Illinois Gaming Board. The adoption of
14emergency rules authorized by Section 5-45 and this Section is
15deemed to be necessary for the public interest, safety, and
16welfare.

 

 

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1    This Section is repealed one year after the effective date
2of this amendatory Act of the 103rd General Assembly.
 
3    Section 10. The Illinois Gambling Act is amended by
4changing Section 9 as follows:
 
5    (230 ILCS 10/9)  (from Ch. 120, par. 2409)
6    Sec. 9. Occupational licenses.
7    (a) The Board may issue an occupational license to an
8applicant upon the payment of a non-refundable fee set by the
9Board, upon a determination by the Board that the applicant is
10eligible for an occupational license and upon payment of an
11annual license fee in an amount to be established. To be
12eligible for an occupational license, an applicant must:
13        (1) be at least 21 years of age if the applicant will
14    perform any function involved in gaming by patrons. Any
15    applicant seeking an occupational license for a non-gaming
16    function shall be at least 18 years of age;
17        (2) not have been convicted of a felony offense, a
18    violation of Article 28 of the Criminal Code of 1961 or the
19    Criminal Code of 2012, or a similar statute of any other
20    jurisdiction if the applicant will perform any function
21    involved in gaming by patrons;
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 if the applicant

 

 

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1    will perform any function involved in gaming by patrons,
2    except that the Board may, in its discretion, issue an
3    occupational license to a person who has been convicted of
4    a crime described in this item (2.5) more than 10 years
5    prior to his or her application and has not subsequently
6    been convicted of any other crime;
7        (3) have demonstrated a level of skill or knowledge
8    which the Board determines to be necessary in order to
9    operate gambling aboard a riverboat, in a casino, or at an
10    organization gaming facility; and
11        (4) have met standards for the holding of an
12    occupational license as adopted by rules of the Board.
13    Such rules shall provide that any person or entity seeking
14    an occupational license to manage gambling operations
15    under this Act shall be subject to background inquiries
16    and further requirements similar to those required of
17    applicants for an owners license. Furthermore, such rules
18    shall provide that each such entity shall be permitted to
19    manage gambling operations for only one licensed owner.
20    (b) Each application for an occupational license shall be
21on forms prescribed by the Board and shall contain all
22information required by the Board. The applicant shall set
23forth in the application: whether he has been issued prior
24gambling related licenses; whether he has been licensed in any
25other state under any other name, and, if so, such name and his
26age; and whether or not a permit or license issued to him in

 

 

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1any other state has been suspended, restricted or revoked,
2and, if so, for what period of time.
3    (c) Each applicant shall submit with his application, on
4forms provided by the Board, 2 sets of his fingerprints. The
5Board shall charge each applicant a fee set by the Illinois
6State Police to defray the costs associated with the search
7and classification of fingerprints obtained by the Board with
8respect to the applicant's application. These fees shall be
9paid into the State Police Services Fund.
10    (d) The Board may in its discretion refuse an occupational
11license to any person: (1) who is unqualified to perform the
12duties required of such applicant; (2) who fails to disclose
13or states falsely any information called for in the
14application; (3) who has been found guilty of a violation of
15this Act or whose prior gambling related license or
16application therefor has been suspended, restricted, revoked
17or denied for just cause in any other state; (4) who has a
18background, including a criminal record, reputation, habits,
19social or business associations, or prior activities, that
20poses a threat to the public interests of this State or to the
21security and integrity of gaming; or (5) (4) for any other just
22cause. When considering criminal convictions of an applicant,
23the Board shall consider the following factors:
24        (1) the length of time since the conviction;
25        (2) the number of convictions that appear on the
26    conviction record;

 

 

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1        (3) the nature and severity of the conviction and its
2    relationship to the safety and security of others or the
3    integrity of gaming;
4        (4) the facts or circumstances surrounding the
5    conviction;
6        (5) the age of the employee at the time of the
7    conviction; and
8        (6) evidence of rehabilitation efforts.
9    (e) The Board may suspend, revoke or restrict any
10occupational licensee: (1) for violation of any provision of
11this Act; (2) for violation of any of the rules and regulations
12of the Board; (3) for any cause which, if known to the Board,
13would have disqualified the applicant from receiving such
14license; or (4) for default in the payment of any obligation or
15debt due to the State of Illinois; or (5) for any other just
16cause.
17    (f) A person who knowingly makes a false statement on an
18application is guilty of a Class A misdemeanor.
19    (g) Any license issued pursuant to this Section shall be
20valid for a period of one year from the date of issuance.
21    (h) Nothing in this Act shall be interpreted to prohibit a
22licensed owner or organization gaming licensee from entering
23into an agreement with a public community college or a school
24approved under the Private Business and Vocational Schools Act
25of 2012 for the training of any occupational licensee. Any
26training offered by such a school shall be in accordance with a

 

 

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1written agreement between the licensed owner or organization
2gaming licensee and the school.
3    (i) Any training provided for occupational licensees may
4be conducted either at the site of the gambling facility or at
5a school with which a licensed owner or organization gaming
6licensee has entered into an agreement pursuant to subsection
7(h).
8(Source: P.A. 101-31, eff. 6-28-19; 102-538, eff. 8-20-21.)".