Gaming Committee
Adopted in House Comm. on Mar 05, 2008
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1 | AMENDMENT TO HOUSE BILL 4662
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2 | AMENDMENT NO. ______. Amend House Bill 4662 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Check Cashing Act is amended by changing | ||||||
5 | Section 1 and
adding Section 3 as follows:
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6 | (815 ILCS 315/1) (from Ch. 121 1/2, par. 1901)
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7 | Sec. 1. Definitions. As used in this Act : ,
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8 | "Merchant" means a person, firm,
association, partnership | ||||||
9 | or corporation primarily engaged in the business
of selling | ||||||
10 | tangible personal property at retail.
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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 |
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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.
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4 | (Source: P.A. 85-997.)
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5 | (815 ILCS 315/3 new)
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6 | Sec. 3. Casino-based electronic check acceptance services. | ||||||
7 | Notwithstanding any law to the contrary, if a casino-based
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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
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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 |
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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. ".
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