Full Text of SB0712 98th General Assembly
SB0712sam001 98TH GENERAL ASSEMBLY | Sen. Antonio Muñoz Filed: 5/7/2014
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| 1 | | AMENDMENT TO SENATE BILL 712
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 712 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
fraternal
establishment, and licensed veterans | 13 | | establishment shall be
licensed by the Board.
The Board may | 14 | | issue or deny a license under this Act to any person pursuant | 15 | | to the same criteria set forth in Section 9 of the Riverboat | 16 | | Gambling Act.
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| 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 the | 4 | | significant influence or control of such a person. For the | 5 | | purposes of this Act, "facilitated, enabled, or participated in | 6 | | 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 against | 10 | | a person for any such violation, then the Board shall delay the | 11 | | licensure of that person until the legal action is resolved. | 12 | | (b) Each person seeking and possessing a license as a video | 13 | | gaming terminal manufacturer, distributor, supplier, operator, | 14 | | handler, licensed establishment, licensed truck stop | 15 | | establishment, licensed fraternal establishment, or licensed | 16 | | veterans establishment shall submit to a background | 17 | | investigation conducted by the Board with the assistance of the | 18 | | State Police or other law enforcement. To the extent that the | 19 | | corporate structure of the applicant allows, the background | 20 | | investigation shall include any or all of the following as the | 21 | | Board deems appropriate or as provided by rule for each | 22 | | category of licensure: (i) each beneficiary of a trust, (ii) | 23 | | each partner of a partnership, (iii) each member of a limited | 24 | | liability company, (iv) each director and officer of a publicly | 25 | | or non-publicly held corporation, (v) each stockholder of a | 26 | | non-publicly held corporation, (vi) each stockholder of 5% or |
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| 1 | | more of a publicly held corporation, or (vii) each stockholder | 2 | | of 5% or more in a parent or subsidiary corporation. In the | 3 | | course of conducting background investigations authorized | 4 | | under this Section, the Board has the discretion to determine | 5 | | whether to conduct a background investigation of a person or | 6 | | entity who holds an indirect interest in the person seeking | 7 | | licensure who: (1) holds such interest for investment purposes | 8 | | only; (2) does not exercise any control over the activities of | 9 | | the person seeking and possessing a license; and (3) is a | 10 | | limited partner in a partnership whose general partner is | 11 | | controlled, directly or indirectly, by an investment adviser | 12 | | registered under the federal Investment Advisers Act of 1940. | 13 | | (c) Each person seeking and possessing a license as a video | 14 | | gaming terminal manufacturer, distributor, supplier, operator, | 15 | | handler, licensed establishment, licensed truck stop | 16 | | establishment, licensed fraternal establishment, or licensed | 17 | | veterans establishment shall disclose the identity of every | 18 | | person, association, trust, corporation, or limited liability | 19 | | company having a greater than 1% direct or indirect pecuniary | 20 | | interest in the video gaming terminal operation for which the | 21 | | license is sought. If the disclosed entity is a trust, the | 22 | | application shall disclose the names and addresses of the | 23 | | beneficiaries; if a corporation, the names and addresses of all | 24 | | stockholders and directors; if a limited liability company, the | 25 | | names and addresses of all members; or if a partnership, the | 26 | | names and addresses of all partners, both general and limited. |
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| 1 | | The Board has discretion to determine whether to apply the | 2 | | disclosure requirement of this subsection (c) as it relates to | 3 | | the beneficiaries, stock holders, directors, members, or | 4 | | partners of an entity who holds an indirect interest in a | 5 | | person seeking licensure if the entity: (1) holds an interest | 6 | | for investment purposes only; (2) does not exercise any control | 7 | | over the activities of the person seeking and possessing a | 8 | | license; and (3) is a limited partner in a partnership whose | 9 | | general partner is controlled by an investment adviser | 10 | | registered under the federal Investment Advisers Act of 1940. | 11 | | (d) No person may be licensed as a video gaming terminal | 12 | | manufacturer, distributor, supplier, operator, handler, | 13 | | licensed establishment, licensed truck stop establishment, | 14 | | licensed fraternal establishment, or licensed veterans | 15 | | establishment if that person has been found by the Board to: | 16 | | (1) have a background, including a criminal record, | 17 | | reputation, habits, social or business associations, or | 18 | | prior activities that pose a threat to the public interests | 19 | | of the State or to the security and integrity of video | 20 | | gaming; | 21 | | (2) create or enhance the dangers of unsuitable, | 22 | | unfair, or illegal practices, methods, and activities in | 23 | | the conduct of video gaming; or | 24 | | (3) present questionable business practices and | 25 | | financial arrangements incidental to the conduct of video | 26 | | gaming activities. |
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| 1 | | (e) Any applicant for any license under this Act has the | 2 | | burden of proving his or her qualifications to the satisfaction | 3 | | of the Board. The Board may adopt rules to establish additional | 4 | | qualifications and requirements to preserve the integrity and | 5 | | security of video gaming in this State. | 6 | | (f) A non-refundable application fee shall be paid at the | 7 | | time an
application for a license is filed with the Board in | 8 | | the following amounts:
| 9 | | (1) Manufacturer ..........................$5,000
| 10 | | (2) Distributor ...........................$5,000
| 11 | | (3) Terminal operator .....................$5,000
| 12 | | (4) Supplier ..............................$2,500
| 13 | | (5) Technician ..............................$100
| 14 | | (6) Terminal Handler ..............................$50 | 15 | | (g) The Board shall establish an
annual fee for each | 16 | | license not to exceed the following: | 17 | | (1) Manufacturer .........................$10,000
| 18 | | (2) Distributor ..........................$10,000
| 19 | | (3) Terminal operator .....................$5,000
| 20 | | (4) Supplier ..............................$2,000
| 21 | | (5) Technician ..............................$100
| 22 | | (6) Licensed establishment, licensed truck stop
| 23 | | establishment, licensed fraternal establishment,
| 24 | | or licensed veterans establishment ..............$100
| 25 | | (7) Video gaming terminal ...................$100
| 26 | | (8) Terminal Handler ..............................$50
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| 1 | | (h) A terminal operator and a licensed establishment, | 2 | | licensed truck stop establishment, licensed fraternal | 3 | | establishment,
or licensed veterans establishment shall | 4 | | equally split the fees specified in item (7) of subsection (g). | 5 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-31, eff. 6-24-13; | 6 | | 98-587, eff. 8-27-13; revised 9-19-13.)
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.".
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