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| Public Act 103-0550
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| SB1462 Enrolled | LRB103 27258 AMQ 53629 b |
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AN ACT concerning gaming.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Administrative Procedure Act is |
amended by adding Section 5-45.35 as follows:
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(5 ILCS 100/5-45.35 new) |
Sec. 5-45.35. Emergency rulemaking; occupational licenses. |
To provide for the expeditious and timely implementation of |
this amendatory Act of the 103rd General Assembly, emergency |
rules implementing the changes made to Section 9 of the |
Illinois Gambling Act may be adopted in accordance with |
Section 5-45 by the Illinois Gaming Board. The adoption of |
emergency rules authorized by Section 5-45 and this Section is |
deemed to be necessary for the public interest, safety, and |
welfare. |
This Section is repealed one year after the effective date |
of this amendatory Act of the 103rd General Assembly.
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Section 10. The Illinois Gambling Act is amended by |
changing Section 9 as follows:
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(230 ILCS 10/9) (from Ch. 120, par. 2409)
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Sec. 9. Occupational licenses.
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(a) The Board may issue an occupational license to an |
applicant upon the
payment of a non-refundable fee set by the |
Board, upon a determination by
the Board that the applicant is |
eligible for an occupational license and
upon payment of an |
annual license fee in an amount to be established. To
be |
eligible for an occupational license, an applicant must:
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(1) be at least 21 years of age if the applicant will |
perform any
function involved in gaming by patrons. Any |
applicant seeking an
occupational license for a non-gaming |
function shall be at least 18 years
of age;
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(2) not have been convicted of a felony offense, a |
violation of Article
28 of the Criminal Code of 1961 or the |
Criminal Code of 2012, or a similar statute of any other
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jurisdiction if the applicant will perform any function |
involved in gaming by patrons;
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(2.5) not have been convicted of a crime, other than a |
crime described in item (2) of this subsection (a), |
involving dishonesty or moral turpitude if the applicant |
will perform any function involved in gaming by patrons, |
except that the Board may, in its discretion, issue an |
occupational license to a person who has been convicted of |
a crime described in this item (2.5) more than 10 years |
prior to his or her application and has not subsequently |
been convicted of any other crime;
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(3) have demonstrated a level of skill or knowledge |
which the Board
determines to be necessary in order to |
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operate gambling aboard a riverboat, in a casino, or at an |
organization gaming facility; and
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(4) have met standards for the holding of an |
occupational license as
adopted by rules of the Board. |
Such rules shall provide that any person or
entity seeking |
an occupational license to manage gambling operations
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under this Act shall be subject to background inquiries |
and further requirements
similar to those required of |
applicants for an owners license.
Furthermore, such rules |
shall provide that each such entity shall be
permitted to |
manage gambling operations for only one licensed owner.
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(b) Each application for an occupational license shall be |
on forms
prescribed by the Board and shall contain all |
information required by the
Board. The applicant shall set |
forth in the application: whether he has been
issued prior |
gambling related licenses; whether he has been licensed in any
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other state under any other name, and, if so, such name and his |
age; and
whether or not a permit or license issued to him in |
any other state has
been suspended, restricted or revoked, |
and, if so, for what period of time.
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(c) Each applicant shall submit with his application, on |
forms provided
by the Board, 2 sets of his fingerprints. The |
Board shall charge each
applicant a fee set by the Illinois |
State Police to defray the costs
associated with the search |
and classification of fingerprints obtained by
the Board with |
respect to the applicant's application. These fees shall be
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paid into the State Police Services Fund.
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(d) The Board may in its discretion refuse an occupational |
license to
any person: (1) who is unqualified to perform the |
duties required of such
applicant; (2) who fails to disclose |
or states falsely any information
called for in the |
application; (3) who has been found guilty of a
violation of |
this Act or whose prior gambling related license or
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application therefor has been suspended, restricted, revoked |
or denied for
just cause in any other state; (4) who has a |
background, including a criminal record, reputation, habits, |
social or business associations, or prior activities, that |
poses a threat to the public interests of this State or to the |
security and integrity of gaming; or (5) (4) for any other just |
cause. When considering criminal convictions of an applicant, |
the Board shall consider the following factors: |
(1) the length of time since the conviction; |
(2) the number of convictions that appear on the |
conviction record; |
(3) the nature and severity of the conviction and its |
relationship to the safety and security of others or the |
integrity of gaming; |
(4) the facts or circumstances surrounding the |
conviction; |
(5) the age of the employee at the time of the |
conviction; and |
(6) evidence of rehabilitation efforts.
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(e) The Board may suspend, revoke or restrict any |
occupational licensee:
(1) for violation of any provision of |
this Act; (2) for violation of any
of the rules and regulations |
of the Board; (3) for any cause which, if
known to the Board, |
would have disqualified the applicant from receiving
such |
license; or (4) for default in the payment of any obligation or |
debt
due to the State of Illinois; or (5) for any other just |
cause.
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(f) A person who knowingly makes a false statement on an |
application is
guilty of a Class A misdemeanor.
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(g) Any license issued pursuant to this Section shall be |
valid for a
period of one year from the date of issuance.
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(h) Nothing in this Act shall be interpreted to prohibit a |
licensed
owner or organization gaming licensee from entering |
into an agreement with a public community college or a school |
approved under the
Private Business and Vocational Schools Act |
of 2012 for the training of any
occupational licensee. Any |
training offered by such a school shall be in
accordance with a |
written agreement between the licensed owner or organization |
gaming licensee and the school.
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(i) Any training provided for occupational licensees may |
be conducted
either at the site of the gambling facility or at |
a school with which a licensed owner or organization gaming |
licensee has
entered into an agreement pursuant to subsection |
(h).
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(Source: P.A. 101-31, eff. 6-28-19; 102-538, eff. 8-20-21.)
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