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Rep. Marcus C. Evans, Jr.
Filed: 5/19/2023
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1 | | AMENDMENT TO SENATE BILL 1996
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2 | | AMENDMENT NO. ______. Amend Senate Bill 1996, AS AMENDED, |
3 | | by replacing everything after the enacting clause with the |
4 | | following:
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5 | | "Section 5. The Illinois Administrative Procedure Act is |
6 | | amended 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. |
9 | | To provide for the expeditious and timely implementation of |
10 | | this amendatory Act of the 103rd General Assembly, emergency |
11 | | rules implementing the changes made to Section 9 of the |
12 | | Illinois Gambling Act may be adopted in accordance with |
13 | | Section 5-45 by the Illinois Gaming Board. The adoption of |
14 | | emergency rules authorized by Section 5-45 and this Section is |
15 | | deemed to be necessary for the public interest, safety, and |
16 | | welfare. |
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1 | | This Section is repealed one year after the effective date |
2 | | of this amendatory Act of the 103rd General Assembly. |
3 | | Section 10. The Illinois Gambling Act is amended by |
4 | | changing Section 9 as follows:
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5 | | (230 ILCS 10/9) (from Ch. 120, par. 2409)
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6 | | Sec. 9. Occupational licenses.
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7 | | (a) The Board may issue an occupational license to an |
8 | | applicant upon the
payment of a non-refundable fee set by the |
9 | | Board, upon a determination by
the Board that the applicant is |
10 | | eligible for an occupational license and
upon payment of an |
11 | | annual license fee in an amount to be established. To
be |
12 | | eligible for an occupational license, an applicant must:
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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;
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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
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20 | | jurisdiction if the applicant will perform any function |
21 | | involved in gaming by patrons ;
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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;
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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
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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
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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.
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20 | | (b) Each application for an occupational license shall be |
21 | | on forms
prescribed by the Board and shall contain all |
22 | | information required by the
Board. The applicant shall set |
23 | | forth in the application: whether he has been
issued prior |
24 | | gambling related licenses; whether he has been licensed in any
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25 | | other state under any other name, and, if so, such name and his |
26 | | age; and
whether or not a permit or license issued to him in |
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1 | | any other state has
been suspended, restricted or revoked, |
2 | | and, if so, for what period of time.
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3 | | (c) Each applicant shall submit with his application, on |
4 | | forms provided
by the Board, 2 sets of his fingerprints. The |
5 | | Board shall charge each
applicant a fee set by the Illinois |
6 | | State Police to defray the costs
associated with the search |
7 | | and classification of fingerprints obtained by
the Board with |
8 | | respect to the applicant's application. These fees shall be
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9 | | paid into the State Police Services Fund.
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10 | | (d) The Board may in its discretion refuse an occupational |
11 | | license to
any person: (1) who is unqualified to perform the |
12 | | duties required of such
applicant; (2) who fails to disclose |
13 | | or states falsely any information
called for in the |
14 | | application; (3) who has been found guilty of a
violation of |
15 | | this Act or whose prior gambling related license or
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16 | | application therefor has been suspended, restricted, revoked |
17 | | or denied for
just cause in any other state; (4) who has a |
18 | | background, including a criminal record, reputation, habits, |
19 | | social or business associations, or prior activities, that |
20 | | poses a threat to the public interests of this State or to the |
21 | | security and integrity of gaming; or (5) (4) for any other just |
22 | | cause. When considering criminal convictions of an applicant, |
23 | | the 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.
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9 | | (e) The Board may suspend, revoke or restrict any |
10 | | occupational licensee:
(1) for violation of any provision of |
11 | | this Act; (2) for violation of any
of the rules and regulations |
12 | | of the Board; (3) for any cause which, if
known to the Board, |
13 | | would have disqualified the applicant from receiving
such |
14 | | license; or (4) for default in the payment of any obligation or |
15 | | debt
due to the State of Illinois; or (5) for any other just |
16 | | cause.
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17 | | (f) A person who knowingly makes a false statement on an |
18 | | application is
guilty of a Class A misdemeanor.
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19 | | (g) Any license issued pursuant to this Section shall be |
20 | | valid for a
period of one year from the date of issuance.
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21 | | (h) Nothing in this Act shall be interpreted to prohibit a |
22 | | licensed
owner or organization gaming licensee from entering |
23 | | into an agreement with a public community college or a school |
24 | | approved under the
Private Business and Vocational Schools Act |
25 | | of 2012 for the training of any
occupational licensee. Any |
26 | | training offered by such a school shall be in
accordance with a |
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1 | | written agreement between the licensed owner or organization |
2 | | gaming licensee and the school.
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3 | | (i) Any training provided for occupational licensees may |
4 | | be conducted
either at the site of the gambling facility or at |
5 | | a school with which a licensed owner or organization gaming |
6 | | licensee has
entered into an agreement pursuant to subsection |
7 | | (h).
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8 | | (Source: P.A. 101-31, eff. 6-28-19; 102-538, eff. 8-20-21.)".
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