Sen. Dave Syverson

Filed: 3/22/2017

 

 


 

 


 
10000SB1804sam005LRB100 09208 MJP 23871 a

1
AMENDMENT TO SENATE BILL 1804

2    AMENDMENT NO. ______. Amend Senate Bill 1804, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Video Gaming Act is amended by changing
6Section 45 and by adding Section 78.5 as follows:
 
7    (230 ILCS 40/45)
8    Sec. 45. Issuance of license.
9    (a) The burden is upon each applicant to demonstrate his
10suitability for licensure. Each video gaming terminal
11manufacturer, distributor, supplier, operator, handler,
12licensed establishment, licensed truck stop establishment,
13licensed fraternal establishment, and licensed veterans
14establishment shall be licensed by the Board. The Board may
15issue or deny a license under this Act to any person pursuant
16to the same criteria set forth in Section 9 of the Riverboat

 

 

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1Gambling Act.
2    (a-5) The Board shall not grant a license to a person who
3has facilitated, enabled, or participated in the use of
4coin-operated devices for gambling purposes or who is under the
5significant influence or control of such a person. For the
6purposes of this Act, "facilitated, enabled, or participated in
7the use of coin-operated amusement devices for gambling
8purposes" means that the person has been convicted of any
9violation of Article 28 of the Criminal Code of 1961 or the
10Criminal Code of 2012. If there is pending legal action against
11a person for any such violation, then the Board shall delay the
12licensure of that person until the legal action is resolved.
13    (b) Each person seeking and possessing a license as a video
14gaming terminal manufacturer, distributor, supplier, operator,
15handler, licensed establishment, licensed truck stop
16establishment, licensed fraternal establishment, or licensed
17veterans establishment shall submit to a background
18investigation conducted by the Board with the assistance of the
19State Police or other law enforcement. To the extent that the
20corporate structure of the applicant allows, the background
21investigation shall include any or all of the following as the
22Board deems appropriate or as provided by rule for each
23category of licensure: (i) each beneficiary of a trust, (ii)
24each partner of a partnership, (iii) each member of a limited
25liability company, (iv) each director and officer of a publicly
26or non-publicly held corporation, (v) each stockholder of a

 

 

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1non-publicly held corporation, (vi) each stockholder of 5% or
2more of a publicly held corporation, or (vii) each stockholder
3of 5% or more in a parent or subsidiary corporation.
4    (c) Each person seeking and possessing a license as a video
5gaming terminal manufacturer, distributor, supplier, operator,
6handler, licensed establishment, licensed truck stop
7establishment, licensed fraternal establishment, or licensed
8veterans establishment shall disclose the identity of every
9person, association, trust, corporation, or limited liability
10company having a greater than 1% direct or indirect pecuniary
11interest in the video gaming terminal operation for which the
12license is sought. If the disclosed entity is a trust, the
13application shall disclose the names and addresses of the
14beneficiaries; if a corporation, the names and addresses of all
15stockholders and directors; if a limited liability company, the
16names and addresses of all members; or if a partnership, the
17names and addresses of all partners, both general and limited.
18    (d) No person may be licensed as a video gaming terminal
19manufacturer, distributor, supplier, operator, handler,
20licensed establishment, licensed truck stop establishment,
21licensed fraternal establishment, or licensed veterans
22establishment if that person has been found by the Board to:
23        (1) have a background, including a criminal record,
24    reputation, habits, social or business associations, or
25    prior activities that pose a threat to the public interests
26    of the State or to the security and integrity of video

 

 

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1    gaming;
2        (2) create or enhance the dangers of unsuitable,
3    unfair, or illegal practices, methods, and activities in
4    the conduct of video gaming; or
5        (3) present questionable business practices and
6    financial arrangements incidental to the conduct of video
7    gaming activities.
8    (e) Any applicant for any license under this Act has the
9burden of proving his or her qualifications to the satisfaction
10of the Board. The Board may adopt rules to establish additional
11qualifications and requirements to preserve the integrity and
12security of video gaming in this State.
13    (f) A non-refundable application fee shall be paid at the
14time an application for a license is filed with the Board in
15the following amounts:
16        (1) Manufacturer..........................$5,000
17        (2) Distributor...........................$5,000
18        (3) Terminal operator.....................$5,000
19        (4) Supplier..............................$2,500
20        (5) Technician..............................$100
21        (6) Terminal Handler.....................$100 $50
22        (7) Licensed establishment, licensed truck stop
23    establishment, licensed fraternal establishment,
24    or licensed veterans establishment...................$250
25    (g) The Board shall establish an annual fee for each
26license not to exceed the following:

 

 

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1        (1) Manufacturer.........................$10,000
2        (2) Distributor..........................$10,000
3        (3) Terminal operator.....................$5,000
4        (4) Supplier..............................$2,000
5        (5) Technician..............................$100
6        (6) Licensed establishment, licensed truck stop
7    establishment, licensed fraternal establishment,
8    or licensed veterans establishment..............$100
9        (7) Video gaming terminal...................$100
10        (8) Terminal Handler.........................$100 $50
11    (h) A terminal operator and a licensed establishment,
12licensed truck stop establishment, licensed fraternal
13establishment, or licensed veterans establishment shall
14equally split the fees specified in item (7) of subsection (g).
15(Source: P.A. 97-1150, eff. 1-25-13; 98-31, eff. 6-24-13;
1698-587, eff. 8-27-13; 98-756, eff. 7-16-14.)
 
17    (230 ILCS 40/78.5 new)
18    Sec. 78.5. Civil penalties. Notwithstanding paragraph (15)
19of subsection (c) of Section 5 of the Riverboat Gambling Act,
20monetary civil penalties under this Act shall not exceed
21$25,000 for individuals and $50,000 for licensees per
22violation.".