Full Text of SB1996 103rd General Assembly
SB1996ham005 103RD GENERAL ASSEMBLY | Rep. Marcus C. Evans, Jr. Filed: 5/19/2023
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| 1 | | AMENDMENT TO SENATE BILL 1996
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1996, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 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| 1 | | This Section is repealed one year after the effective date | 2 | | of this amendatory Act of the 103rd General Assembly.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:
| 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 | 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:
| 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 | 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
| 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.
| 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
| 9 | | paid into the State Police Services Fund.
| 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
| 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.
| 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.
| 17 | | (f) A person who knowingly makes a false statement on an | 18 | | application is
guilty of a Class A misdemeanor.
| 19 | | (g) Any license issued pursuant to this Section shall be | 20 | | valid for a
period of one year from the date of issuance.
| 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.
| 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).
| 8 | | (Source: P.A. 101-31, eff. 6-28-19; 102-538, eff. 8-20-21.)".
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