Full Text of HB1803 103rd General Assembly
HB1803ham001 103RD GENERAL ASSEMBLY | Rep. Norine K. Hammond Filed: 3/8/2023
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| 1 | | AMENDMENT TO HOUSE BILL 1803
| 2 | | AMENDMENT NO. ______. Amend House Bill 1803 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 large truck stop establishment, licensed
fraternal
| 13 | | establishment, and licensed veterans establishment shall be
| 14 | | licensed by the Board.
The Board may issue or deny a license | 15 | | under this Act to any person pursuant to the same criteria set | 16 | | forth in Section 9 of the Illinois 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 | 4 | | the significant influence or control of such a person. For the | 5 | | purposes of this Act, "facilitated, enabled, or participated | 6 | | in 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 | 10 | | against a person for any such violation, then the Board shall | 11 | | delay the licensure of that person until the legal action is | 12 | | resolved. | 13 | | (b) Each person seeking and possessing a license as a | 14 | | video gaming terminal manufacturer, distributor, supplier, | 15 | | operator, handler, licensed establishment, licensed truck stop | 16 | | establishment, licensed large truck stop establishment, | 17 | | licensed fraternal establishment, or licensed veterans | 18 | | establishment shall submit to a background investigation | 19 | | conducted by the Board with the assistance of the Illinois | 20 | | State Police or other law enforcement. To the extent that the | 21 | | corporate structure of the applicant allows, the background | 22 | | investigation shall include any or all of the following as the | 23 | | Board deems appropriate or as provided by rule for each | 24 | | category of licensure: (i) each beneficiary of a trust, (ii) | 25 | | each partner of a partnership, (iii) each member of a limited | 26 | | liability company, (iv) each director and officer of a |
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| 1 | | publicly or non-publicly held corporation, (v) each | 2 | | stockholder of a non-publicly held corporation, (vi) each | 3 | | stockholder of 5% or more of a publicly held corporation, or | 4 | | (vii) each stockholder of 5% or more in a parent or subsidiary | 5 | | corporation. | 6 | | (c) Each person seeking and possessing a license as a | 7 | | video gaming terminal manufacturer, distributor, supplier, | 8 | | operator, handler, licensed establishment, licensed truck stop | 9 | | establishment, licensed large truck stop establishment, | 10 | | licensed fraternal establishment, or licensed veterans | 11 | | establishment shall disclose the identity of every person, | 12 | | association, trust, corporation, or limited liability company | 13 | | having a greater than 1% direct or indirect pecuniary interest | 14 | | in the video gaming terminal operation for which the license | 15 | | is sought. If the disclosed entity is a trust, the application | 16 | | shall disclose the names and addresses of the beneficiaries; | 17 | | if a corporation, the names and addresses of all stockholders | 18 | | and directors; if a limited liability company, the names and | 19 | | addresses of all members; or if a partnership, the names and | 20 | | addresses of all partners, both general and limited. | 21 | | (d) No person may be licensed as a video gaming terminal | 22 | | manufacturer, distributor, supplier, operator, handler, | 23 | | licensed establishment, licensed truck stop establishment, | 24 | | licensed large truck stop establishment, licensed fraternal | 25 | | establishment, or licensed veterans establishment if that | 26 | | person has been found by the Board to: |
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| 1 | | (1) have a background, including a criminal record, | 2 | | reputation, habits, social or business associations, or | 3 | | prior activities that pose a threat to the public | 4 | | interests of the State or to the security and integrity of | 5 | | video gaming; | 6 | | (2) create or enhance the dangers of unsuitable, | 7 | | unfair, or illegal practices, methods, and activities in | 8 | | the conduct of video gaming; or | 9 | | (3) present questionable business practices and | 10 | | financial arrangements incidental to the conduct of video | 11 | | gaming activities. | 12 | | (e) Any applicant for any license under this Act has the | 13 | | burden of proving his or her qualifications to the | 14 | | satisfaction of the Board. The Board may adopt rules to | 15 | | establish additional qualifications and requirements to | 16 | | preserve the integrity and security of video gaming in this | 17 | | State. | 18 | | (f) A non-refundable application fee shall be paid at the | 19 | | time an
application for a license is filed with the Board in | 20 | | the following amounts:
| 21 | | (1) Manufacturer ..........................$5,000
| 22 | | (2) Distributor ...........................$5,000
| 23 | | (3) Terminal operator .....................$5,000
| 24 | | (4) Supplier ..............................$2,500
| 25 | | (5) Technician ..............................$100
| 26 | | (6) Terminal Handler ........................$100
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| 1 | | (7) Licensed establishment, licensed truck stop
| 2 | | establishment, licensed large truck stop establishment,
| 3 | | licensed fraternal establishment, or licensed
| 4 | | veterans establishment ...............................$100 | 5 | | (8) Sales agent and broker .......................$100 | 6 | | (g) The Board shall establish an
annual fee for each | 7 | | license not to exceed the following: | 8 | | (1) Manufacturer .........................$10,000
| 9 | | (2) Distributor ..........................$10,000
| 10 | | (3) Terminal operator .....................$5,000
| 11 | | (4) Supplier ..............................$2,000
| 12 | | (5) Technician ..............................$100
| 13 | | (6) Licensed establishment, licensed truck stop
| 14 | | establishment, licensed large truck stop establishment,
| 15 | | licensed fraternal establishment, or licensed
| 16 | | veterans establishment ..........................$100
| 17 | | (7) Video gaming terminal ...................$100
| 18 | | (8) Terminal Handler ............................$100
| 19 | | (9) Sales agent and broker .......................$100 | 20 | | (h) A terminal operator and a licensed establishment, | 21 | | licensed truck stop establishment, licensed large truck stop | 22 | | establishment, licensed fraternal establishment,
or licensed | 23 | | veterans establishment shall equally split the fees specified | 24 | | in item (7) of subsection (g). | 25 | | (i) When processing applications for a license and issuing | 26 | | licenses to licensed establishments, the Board shall |
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| 1 | | prioritize the issuance of a license to a licensed | 2 | | establishment with a single location if that establishment's | 3 | | license application is necessitated by a change of ownership | 4 | | of the single location establishment. | 5 | | (Source: P.A. 101-31, eff. 6-28-19; 102-538, eff. 8-20-21; | 6 | | 102-689, eff. 12-17-21.)
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.".
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