Rep. Michael J. Zalewski

Filed: 5/8/2019

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1260

2    AMENDMENT NO. ______. Amend House Bill 1260 by replacing
3everything after the enacting clause with the following:
 
4
"Article 1. Sporting Contest Safety and Integrity Act

 
5    Section 1-1. Short title. This Article may be cited as the
6Sporting Contest Safety and Integrity Act. References in this
7Article to "this Act" mean this Article.
 
8    Section 1-5. Definitions. As used in this Act:
9    "Athlete" means any current, former, or prospective
10professional athlete.
11    "Board" means the Illinois Gaming Board.
12    "Covered persons" includes athletes; players (current and
13former); umpires, referees, and officials; personnel
14associated with players, clubs, teams, leagues, and athletic
15associations; medical professionals (including athletic

 

 

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1trainers) who provide services to athletes and players;
2spectators and bystanders at sporting contests and facilities
3used in connection with sporting contests; other individuals
4with regular access to sporting contest fields and facilities;
5and the family members and associates of these persons where
6required to serve the purposes of this Act.
7    "Person" means any individual, partnership, corporation,
8association, or other entity.
9    "Personal data" means the personal data (including
10anonymized data) of athletes and players, including, but not
11limited to, performance, movement, biometric, health, fitness,
12and sleep, collected in any manner, including, but not limited
13to, in-arena, stadium, and training facility ball tracking
14systems and player tracking systems, whether or not using
15devices attached to the athlete's person or clothing. "Personal
16data" does not include personal health information in which the
17use and disclosure are covered by federal and State laws.
18    "Persons who present sporting contests" includes organized
19sports leagues and associations, their members and affiliates,
20and other persons who present sporting contests to the public.
21    "Prohibited conduct" includes any statement, action, and
22other communication intended to influence, manipulate, or
23control a betting outcome of a sporting contest or of any
24individual occurrence or performance in a sporting contest in
25exchange for financial gain or to avoid financial or physical
26harm. "Prohibited conduct" includes statements, actions, and

 

 

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1communications made to a covered person by a third party, such
2as a family member or through social media.
3    "Publicity rights" means a person's right to control and to
4choose whether and how to use his or her identity for
5commercial purposes.
6    "Sporting contest" means a sports event or game on which
7the State allows sports wagering to occur under the Sports
8Wagering Act.
 
9    Section 1-10. Personal safety and sporting contests.
10    (a) Any person who presents a sporting contest must take
11all reasonable measures necessary to ensure the safety and
12security of all involved in or attending the sporting contest,
13including athletes, players, umpires, referees, officials, and
14other personnel associated with the athlete, player, club,
15team, league, or association involved and spectators at the
16sporting contest and family members and associates of such
17persons, where required to serve the purposes of this Act.
18    (b) The requirement in subsection (a) applies in all areas
19where the sporting contest occurs and in associated areas,
20including areas of entry and egress, seating, adjacent
21concourses, food vending, restrooms, locker rooms, restricted
22areas, and parking lots. It also applies at other locations
23within the control of a person who presents a sporting event,
24such as training, practice, or strength and conditioning
25facilities or facilities temporarily utilized for team or club

 

 

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1events.
2    (c) Persons who present sporting contests shall establish
3codes of conduct that forbid all persons associated with the
4sporting contest from engaging in physical assault or attempted
5assault, verbal or physical threats, or any other interactions
6that intimidate others associated with the sporting contest.
7    (d) Persons who present sporting contests are required to
8hire, train, and equip safety and security personnel to enforce
9the code of conduct and otherwise address any safety or
10security concern associated with the sporting contests.
11    (e) Persons who present sporting contests shall have
12authority to remove spectators and others from any facility for
13violation of the code of conduct, and, after appropriate
14procedure, to deny persons access to all facilities they
15control, to revoke season tickets or comparable licenses, and
16to share information about such persons with others who present
17sporting contests and with the appropriate jurisdictions' law
18enforcement authorities.
19    (f) Persons who present sporting contests shall provide
20notice to the general public and those who attend sporting
21contests or visit their facilities of the code of conduct and
22the potential penalties for its violation. Notice shall be
23provided in as many forms as required to ensure that the code
24of conduct is known, including physical posting, website
25posting, public address announcements, and others.
 

 

 

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1    Section 1-15. Reporting prohibited conduct; investigating
2allegations of gambling related fraud.
3    (a) The Board shall establish a hotline or other method of
4communication that allows any person to confidentially report
5information about prohibited conduct to the Board.
6    (b) The Board shall investigate all reasonable allegations
7of prohibited conduct and refer any allegations it deems
8credible to the appropriate law enforcement entity.
9    (c) The identity of any reporting person shall remain
10confidential unless that person authorizes disclosure of his or
11her identity or until such time as the allegation of prohibited
12conduct is referred to law enforcement.
13    (d) The Board shall adopt emergency rules to administer
14this Section in accordance with Section 5-45 of the Illinois
15Administrative Procedure Act.
16    (e)The Board shall adopt rules governing investigations of
17prohibited conduct and referrals to law enforcement entities.
 
18    Section 1-20. Use and sale of personal data.
19    (a) Unless expressly authorized by the player or his or her
20exclusive bargaining representative, any personal data may not
21be used by any party without the player's permission.
22    (b) No person who presents sporting contests may separately
23sell personal data that includes player publicity rights
24without the player's written consent or the written consent of
25the player's authorized agent.
 

 

 

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1    Section 1-900. The Illinois Administrative Procedure Act
2is amended by changing Section 5-45 as follows:
 
3    (5 ILCS 100/5-45)  (from Ch. 127, par. 1005-45)
4    Sec. 5-45. Emergency rulemaking.
5    (a) "Emergency" means the existence of any situation that
6any agency finds reasonably constitutes a threat to the public
7interest, safety, or welfare.
8    (b) If any agency finds that an emergency exists that
9requires adoption of a rule upon fewer days than is required by
10Section 5-40 and states in writing its reasons for that
11finding, the agency may adopt an emergency rule without prior
12notice or hearing upon filing a notice of emergency rulemaking
13with the Secretary of State under Section 5-70. The notice
14shall include the text of the emergency rule and shall be
15published in the Illinois Register. Consent orders or other
16court orders adopting settlements negotiated by an agency may
17be adopted under this Section. Subject to applicable
18constitutional or statutory provisions, an emergency rule
19becomes effective immediately upon filing under Section 5-65 or
20at a stated date less than 10 days thereafter. The agency's
21finding and a statement of the specific reasons for the finding
22shall be filed with the rule. The agency shall take reasonable
23and appropriate measures to make emergency rules known to the
24persons who may be affected by them.

 

 

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1    (c) An emergency rule may be effective for a period of not
2longer than 150 days, but the agency's authority to adopt an
3identical rule under Section 5-40 is not precluded. No
4emergency rule may be adopted more than once in any 24-month
5period, except that this limitation on the number of emergency
6rules that may be adopted in a 24-month period does not apply
7to (i) emergency rules that make additions to and deletions
8from the Drug Manual under Section 5-5.16 of the Illinois
9Public Aid Code or the generic drug formulary under Section
103.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
11emergency rules adopted by the Pollution Control Board before
12July 1, 1997 to implement portions of the Livestock Management
13Facilities Act, (iii) emergency rules adopted by the Illinois
14Department of Public Health under subsections (a) through (i)
15of Section 2 of the Department of Public Health Act when
16necessary to protect the public's health, (iv) emergency rules
17adopted pursuant to subsection (n) of this Section, (v)
18emergency rules adopted pursuant to subsection (o) of this
19Section, or (vi) emergency rules adopted pursuant to subsection
20(c-5) of this Section. Two or more emergency rules having
21substantially the same purpose and effect shall be deemed to be
22a single rule for purposes of this Section.
23    (c-5) To facilitate the maintenance of the program of group
24health benefits provided to annuitants, survivors, and retired
25employees under the State Employees Group Insurance Act of
261971, rules to alter the contributions to be paid by the State,

 

 

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1annuitants, survivors, retired employees, or any combination
2of those entities, for that program of group health benefits,
3shall be adopted as emergency rules. The adoption of those
4rules shall be considered an emergency and necessary for the
5public interest, safety, and welfare.
6    (d) In order to provide for the expeditious and timely
7implementation of the State's fiscal year 1999 budget,
8emergency rules to implement any provision of Public Act 90-587
9or 90-588 or any other budget initiative for fiscal year 1999
10may be adopted in accordance with this Section by the agency
11charged with administering that provision or initiative,
12except that the 24-month limitation on the adoption of
13emergency rules and the provisions of Sections 5-115 and 5-125
14do not apply to rules adopted under this subsection (d). The
15adoption of emergency rules authorized by this subsection (d)
16shall be deemed to be necessary for the public interest,
17safety, and welfare.
18    (e) In order to provide for the expeditious and timely
19implementation of the State's fiscal year 2000 budget,
20emergency rules to implement any provision of Public Act 91-24
21or any other budget initiative for fiscal year 2000 may be
22adopted in accordance with this Section by the agency charged
23with administering that provision or initiative, except that
24the 24-month limitation on the adoption of emergency rules and
25the provisions of Sections 5-115 and 5-125 do not apply to
26rules adopted under this subsection (e). The adoption of

 

 

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1emergency rules authorized by this subsection (e) shall be
2deemed to be necessary for the public interest, safety, and
3welfare.
4    (f) In order to provide for the expeditious and timely
5implementation of the State's fiscal year 2001 budget,
6emergency rules to implement any provision of Public Act 91-712
7or any other budget initiative for fiscal year 2001 may be
8adopted in accordance with this Section by the agency charged
9with administering that provision or initiative, except that
10the 24-month limitation on the adoption of emergency rules and
11the provisions of Sections 5-115 and 5-125 do not apply to
12rules adopted under this subsection (f). The adoption of
13emergency rules authorized by this subsection (f) shall be
14deemed to be necessary for the public interest, safety, and
15welfare.
16    (g) In order to provide for the expeditious and timely
17implementation of the State's fiscal year 2002 budget,
18emergency rules to implement any provision of Public Act 92-10
19or any other budget initiative for fiscal year 2002 may be
20adopted in accordance with this Section by the agency charged
21with administering that provision or initiative, except that
22the 24-month limitation on the adoption of emergency rules and
23the provisions of Sections 5-115 and 5-125 do not apply to
24rules adopted under this subsection (g). The adoption of
25emergency rules authorized by this subsection (g) shall be
26deemed to be necessary for the public interest, safety, and

 

 

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1welfare.
2    (h) In order to provide for the expeditious and timely
3implementation of the State's fiscal year 2003 budget,
4emergency rules to implement any provision of Public Act 92-597
5or any other budget initiative for fiscal year 2003 may be
6adopted in accordance with this Section by the agency charged
7with administering that provision or initiative, except that
8the 24-month limitation on the adoption of emergency rules and
9the provisions of Sections 5-115 and 5-125 do not apply to
10rules adopted under this subsection (h). The adoption of
11emergency rules authorized by this subsection (h) shall be
12deemed to be necessary for the public interest, safety, and
13welfare.
14    (i) In order to provide for the expeditious and timely
15implementation of the State's fiscal year 2004 budget,
16emergency rules to implement any provision of Public Act 93-20
17or any other budget initiative for fiscal year 2004 may be
18adopted in accordance with this Section by the agency charged
19with administering that provision or initiative, except that
20the 24-month limitation on the adoption of emergency rules and
21the provisions of Sections 5-115 and 5-125 do not apply to
22rules adopted under this subsection (i). The adoption of
23emergency rules authorized by this subsection (i) shall be
24deemed to be necessary for the public interest, safety, and
25welfare.
26    (j) In order to provide for the expeditious and timely

 

 

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1implementation of the provisions of the State's fiscal year
22005 budget as provided under the Fiscal Year 2005 Budget
3Implementation (Human Services) Act, emergency rules to
4implement any provision of the Fiscal Year 2005 Budget
5Implementation (Human Services) Act may be adopted in
6accordance with this Section by the agency charged with
7administering that provision, except that the 24-month
8limitation on the adoption of emergency rules and the
9provisions of Sections 5-115 and 5-125 do not apply to rules
10adopted under this subsection (j). The Department of Public Aid
11may also adopt rules under this subsection (j) necessary to
12administer the Illinois Public Aid Code and the Children's
13Health Insurance Program Act. The adoption of emergency rules
14authorized by this subsection (j) shall be deemed to be
15necessary for the public interest, safety, and welfare.
16    (k) In order to provide for the expeditious and timely
17implementation of the provisions of the State's fiscal year
182006 budget, emergency rules to implement any provision of
19Public Act 94-48 or any other budget initiative for fiscal year
202006 may be adopted in accordance with this Section by the
21agency charged with administering that provision or
22initiative, except that the 24-month limitation on the adoption
23of emergency rules and the provisions of Sections 5-115 and
245-125 do not apply to rules adopted under this subsection (k).
25The Department of Healthcare and Family Services may also adopt
26rules under this subsection (k) necessary to administer the

 

 

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1Illinois Public Aid Code, the Senior Citizens and Persons with
2Disabilities Property Tax Relief Act, the Senior Citizens and
3Disabled Persons Prescription Drug Discount Program Act (now
4the Illinois Prescription Drug Discount Program Act), and the
5Children's Health Insurance Program Act. The adoption of
6emergency rules authorized by this subsection (k) shall be
7deemed to be necessary for the public interest, safety, and
8welfare.
9    (l) In order to provide for the expeditious and timely
10implementation of the provisions of the State's fiscal year
112007 budget, the Department of Healthcare and Family Services
12may adopt emergency rules during fiscal year 2007, including
13rules effective July 1, 2007, in accordance with this
14subsection to the extent necessary to administer the
15Department's responsibilities with respect to amendments to
16the State plans and Illinois waivers approved by the federal
17Centers for Medicare and Medicaid Services necessitated by the
18requirements of Title XIX and Title XXI of the federal Social
19Security Act. The adoption of emergency rules authorized by
20this subsection (l) shall be deemed to be necessary for the
21public interest, safety, and welfare.
22    (m) In order to provide for the expeditious and timely
23implementation of the provisions of the State's fiscal year
242008 budget, the Department of Healthcare and Family Services
25may adopt emergency rules during fiscal year 2008, including
26rules effective July 1, 2008, in accordance with this

 

 

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1subsection to the extent necessary to administer the
2Department's responsibilities with respect to amendments to
3the State plans and Illinois waivers approved by the federal
4Centers for Medicare and Medicaid Services necessitated by the
5requirements of Title XIX and Title XXI of the federal Social
6Security Act. The adoption of emergency rules authorized by
7this subsection (m) shall be deemed to be necessary for the
8public interest, safety, and welfare.
9    (n) In order to provide for the expeditious and timely
10implementation of the provisions of the State's fiscal year
112010 budget, emergency rules to implement any provision of
12Public Act 96-45 or any other budget initiative authorized by
13the 96th General Assembly for fiscal year 2010 may be adopted
14in accordance with this Section by the agency charged with
15administering that provision or initiative. The adoption of
16emergency rules authorized by this subsection (n) shall be
17deemed to be necessary for the public interest, safety, and
18welfare. The rulemaking authority granted in this subsection
19(n) shall apply only to rules promulgated during Fiscal Year
202010.
21    (o) In order to provide for the expeditious and timely
22implementation of the provisions of the State's fiscal year
232011 budget, emergency rules to implement any provision of
24Public Act 96-958 or any other budget initiative authorized by
25the 96th General Assembly for fiscal year 2011 may be adopted
26in accordance with this Section by the agency charged with

 

 

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1administering that provision or initiative. The adoption of
2emergency rules authorized by this subsection (o) is deemed to
3be necessary for the public interest, safety, and welfare. The
4rulemaking authority granted in this subsection (o) applies
5only to rules promulgated on or after July 1, 2010 (the
6effective date of Public Act 96-958) through June 30, 2011.
7    (p) In order to provide for the expeditious and timely
8implementation of the provisions of Public Act 97-689,
9emergency rules to implement any provision of Public Act 97-689
10may be adopted in accordance with this subsection (p) by the
11agency charged with administering that provision or
12initiative. The 150-day limitation of the effective period of
13emergency rules does not apply to rules adopted under this
14subsection (p), and the effective period may continue through
15June 30, 2013. The 24-month limitation on the adoption of
16emergency rules does not apply to rules adopted under this
17subsection (p). The adoption of emergency rules authorized by
18this subsection (p) is deemed to be necessary for the public
19interest, safety, and welfare.
20    (q) In order to provide for the expeditious and timely
21implementation of the provisions of Articles 7, 8, 9, 11, and
2212 of Public Act 98-104, emergency rules to implement any
23provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104
24may be adopted in accordance with this subsection (q) by the
25agency charged with administering that provision or
26initiative. The 24-month limitation on the adoption of

 

 

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1emergency rules does not apply to rules adopted under this
2subsection (q). The adoption of emergency rules authorized by
3this subsection (q) is deemed to be necessary for the public
4interest, safety, and welfare.
5    (r) In order to provide for the expeditious and timely
6implementation of the provisions of Public Act 98-651,
7emergency rules to implement Public Act 98-651 may be adopted
8in accordance with this subsection (r) by the Department of
9Healthcare and Family Services. The 24-month limitation on the
10adoption of emergency rules does not apply to rules adopted
11under this subsection (r). The adoption of emergency rules
12authorized by this subsection (r) is deemed to be necessary for
13the public interest, safety, and welfare.
14    (s) In order to provide for the expeditious and timely
15implementation of the provisions of Sections 5-5b.1 and 5A-2 of
16the Illinois Public Aid Code, emergency rules to implement any
17provision of Section 5-5b.1 or Section 5A-2 of the Illinois
18Public Aid Code may be adopted in accordance with this
19subsection (s) by the Department of Healthcare and Family
20Services. The rulemaking authority granted in this subsection
21(s) shall apply only to those rules adopted prior to July 1,
222015. Notwithstanding any other provision of this Section, any
23emergency rule adopted under this subsection (s) shall only
24apply to payments made for State fiscal year 2015. The adoption
25of emergency rules authorized by this subsection (s) is deemed
26to be necessary for the public interest, safety, and welfare.

 

 

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1    (t) In order to provide for the expeditious and timely
2implementation of the provisions of Article II of Public Act
399-6, emergency rules to implement the changes made by Article
4II of Public Act 99-6 to the Emergency Telephone System Act may
5be adopted in accordance with this subsection (t) by the
6Department of State Police. The rulemaking authority granted in
7this subsection (t) shall apply only to those rules adopted
8prior to July 1, 2016. The 24-month limitation on the adoption
9of emergency rules does not apply to rules adopted under this
10subsection (t). The adoption of emergency rules authorized by
11this subsection (t) is deemed to be necessary for the public
12interest, safety, and welfare.
13    (u) In order to provide for the expeditious and timely
14implementation of the provisions of the Burn Victims Relief
15Act, emergency rules to implement any provision of the Act may
16be adopted in accordance with this subsection (u) by the
17Department of Insurance. The rulemaking authority granted in
18this subsection (u) shall apply only to those rules adopted
19prior to December 31, 2015. The adoption of emergency rules
20authorized by this subsection (u) is deemed to be necessary for
21the public interest, safety, and welfare.
22    (v) In order to provide for the expeditious and timely
23implementation of the provisions of Public Act 99-516,
24emergency rules to implement Public Act 99-516 may be adopted
25in accordance with this subsection (v) by the Department of
26Healthcare and Family Services. The 24-month limitation on the

 

 

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1adoption of emergency rules does not apply to rules adopted
2under this subsection (v). The adoption of emergency rules
3authorized by this subsection (v) is deemed to be necessary for
4the public interest, safety, and welfare.
5    (w) In order to provide for the expeditious and timely
6implementation of the provisions of Public Act 99-796,
7emergency rules to implement the changes made by Public Act
899-796 may be adopted in accordance with this subsection (w) by
9the Adjutant General. The adoption of emergency rules
10authorized by this subsection (w) is deemed to be necessary for
11the public interest, safety, and welfare.
12    (x) In order to provide for the expeditious and timely
13implementation of the provisions of Public Act 99-906,
14emergency rules to implement subsection (i) of Section 16-115D,
15subsection (g) of Section 16-128A, and subsection (a) of
16Section 16-128B of the Public Utilities Act may be adopted in
17accordance with this subsection (x) by the Illinois Commerce
18Commission. The rulemaking authority granted in this
19subsection (x) shall apply only to those rules adopted within
20180 days after June 1, 2017 (the effective date of Public Act
2199-906). The adoption of emergency rules authorized by this
22subsection (x) is deemed to be necessary for the public
23interest, safety, and welfare.
24    (y) In order to provide for the expeditious and timely
25implementation of the provisions of Public Act 100-23,
26emergency rules to implement the changes made by Public Act

 

 

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1100-23 to Section 4.02 of the Illinois Act on the Aging,
2Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code,
3Section 55-30 of the Alcoholism and Other Drug Abuse and
4Dependency Act, and Sections 74 and 75 of the Mental Health and
5Developmental Disabilities Administrative Act may be adopted
6in accordance with this subsection (y) by the respective
7Department. The adoption of emergency rules authorized by this
8subsection (y) is deemed to be necessary for the public
9interest, safety, and welfare.
10    (z) In order to provide for the expeditious and timely
11implementation of the provisions of Public Act 100-554,
12emergency rules to implement the changes made by Public Act
13100-554 to Section 4.7 of the Lobbyist Registration Act may be
14adopted in accordance with this subsection (z) by the Secretary
15of State. The adoption of emergency rules authorized by this
16subsection (z) is deemed to be necessary for the public
17interest, safety, and welfare.
18    (aa) In order to provide for the expeditious and timely
19initial implementation of the changes made to Articles 5, 5A,
2012, and 14 of the Illinois Public Aid Code under the provisions
21of Public Act 100-581, the Department of Healthcare and Family
22Services may adopt emergency rules in accordance with this
23subsection (aa). The 24-month limitation on the adoption of
24emergency rules does not apply to rules to initially implement
25the changes made to Articles 5, 5A, 12, and 14 of the Illinois
26Public Aid Code adopted under this subsection (aa). The

 

 

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1adoption of emergency rules authorized by this subsection (aa)
2is deemed to be necessary for the public interest, safety, and
3welfare.
4    (bb) In order to provide for the expeditious and timely
5implementation of the provisions of Public Act 100-587,
6emergency rules to implement the changes made by Public Act
7100-587 to Section 4.02 of the Illinois Act on the Aging,
8Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code,
9subsection (b) of Section 55-30 of the Alcoholism and Other
10Drug Abuse and Dependency Act, Section 5-104 of the Specialized
11Mental Health Rehabilitation Act of 2013, and Section 75 and
12subsection (b) of Section 74 of the Mental Health and
13Developmental Disabilities Administrative Act may be adopted
14in accordance with this subsection (bb) by the respective
15Department. The adoption of emergency rules authorized by this
16subsection (bb) is deemed to be necessary for the public
17interest, safety, and welfare.
18    (cc) In order to provide for the expeditious and timely
19implementation of the provisions of Public Act 100-587,
20emergency rules may be adopted in accordance with this
21subsection (cc) to implement the changes made by Public Act
22100-587 to: Sections 14-147.5 and 14-147.6 of the Illinois
23Pension Code by the Board created under Article 14 of the Code;
24Sections 15-185.5 and 15-185.6 of the Illinois Pension Code by
25the Board created under Article 15 of the Code; and Sections
2616-190.5 and 16-190.6 of the Illinois Pension Code by the Board

 

 

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1created under Article 16 of the Code. The adoption of emergency
2rules authorized by this subsection (cc) is deemed to be
3necessary for the public interest, safety, and welfare.
4    (dd) In order to provide for the expeditious and timely
5implementation of the provisions of Public Act 100-864,
6emergency rules to implement the changes made by Public Act
7100-864 to Section 3.35 of the Newborn Metabolic Screening Act
8may be adopted in accordance with this subsection (dd) by the
9Secretary of State. The adoption of emergency rules authorized
10by this subsection (dd) is deemed to be necessary for the
11public interest, safety, and welfare.
12    (ee) In order to provide for the expeditious and timely
13implementation of the provisions of Public Act 100-1172 this
14amendatory Act of the 100th General Assembly, emergency rules
15implementing the Illinois Underground Natural Gas Storage
16Safety Act may be adopted in accordance with this subsection by
17the Department of Natural Resources. The adoption of emergency
18rules authorized by this subsection is deemed to be necessary
19for the public interest, safety, and welfare.
20    (ff) (ee) In order to provide for the expeditious and
21timely initial implementation of the changes made to Articles
225A and 14 of the Illinois Public Aid Code under the provisions
23of Public Act 100-1181 this amendatory Act of the 100th General
24Assembly, the Department of Healthcare and Family Services may
25on a one-time-only basis adopt emergency rules in accordance
26with this subsection (ff) (ee). The 24-month limitation on the

 

 

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1adoption of emergency rules does not apply to rules to
2initially implement the changes made to Articles 5A and 14 of
3the Illinois Public Aid Code adopted under this subsection (ff)
4(ee). The adoption of emergency rules authorized by this
5subsection (ff) (ee) is deemed to be necessary for the public
6interest, safety, and welfare.
7    (gg) (ff) In order to provide for the expeditious and
8timely implementation of the provisions of Public Act 101-1
9this amendatory Act of the 101st General Assembly, emergency
10rules may be adopted by the Department of Labor in accordance
11with this subsection (gg) (ff) to implement the changes made by
12Public Act 101-1 this amendatory Act of the 101st General
13Assembly to the Minimum Wage Law. The adoption of emergency
14rules authorized by this subsection (gg) (ff) is deemed to be
15necessary for the public interest, safety, and welfare.
16    (hh) In order to provide for the expeditious and timely
17implementation of the Sporting Contest Safety and Integrity
18Act, emergency rules to implement the Sporting Contest Safety
19and Integrity Act may be adopted in accordance with this
20subsection (hh) by the Illinois Gaming Board. The adoption of
21emergency rules authorized by this subsection (hh) is deemed to
22be necessary for the public interest, safety, and welfare.
23(Source: P.A. 100-23, eff. 7-6-17; 100-554, eff. 11-16-17;
24100-581, eff. 3-12-18; 100-587, Article 95, Section 95-5, eff.
256-4-18; 100-587, Article 110, Section 110-5, eff. 6-4-18;
26100-864, eff. 8-14-18; 100-1172, eff. 1-4-19; 100-1181, eff.

 

 

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13-8-19; 101-1, eff. 2-19-19; revised 4-2-19.)
 
2
Article 5. Sports Wagering Act

 
3    Section 5-1. Short title. This Act may be cited as the
4Sports Wagering Act. References in this Article to "this Act"
5mean this Article.
 
6    Section 5-5. Definitions. As used in this Act:
7    "Adjusted gross sports wagering receipts" means a master
8sports wagering licensee's gross sports wagering receipts,
9less winnings paid to wagerers in such games.
10    "Board" means the Illinois Gaming Board.
11    "Class A terminal operator" means a terminal operator under
12the Video Gaming Act with $60,000,000 or less in net terminal
13income the previous calendar year.
14    "Class B terminal operator" means a terminal operator under
15the Video Gaming Act with more than $60,000,000 in net terminal
16income the previous calendar year.
17    "Department" means the Department of the Lottery.
18    "Net terminal income" means money put into a video gaming
19terminal minus credits paid out to players.
20    "Sports event" means a professional sport or athletic
21event, a collegiate sport or athletic event, a motor race
22event, or any other event or competition of relative skill
23authorized by the Board under this Act.

 

 

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1    "Sports facility" includes Guaranteed Rate Field, located
2at 333 West 35th Street in Chicago, Soldier Field, located at
31410 Museum Campus Drive in Chicago, United Center, located at
41901 West Madison in Chicago, Wrigley Field, located at 1060
5West Addison in Chicago, and the site of a professional golf
6tournament conducted by the Professional Golfers' Association
7of America within the State on a temporary basis during the
8relevant tournament.
9    "Sports governing body" means the organization that
10prescribes final rules and enforces codes of conduct with
11respect to a sports event and participants therein.
12    "Sports wagering" means accepting wagers on sports events
13or portions of sports events, or on the individual performance
14statistics of athletes in a sports event or combination of
15sports events, by any system or method of wagering, including,
16but not limited to, in person or over the Internet through
17websites and on mobile devices. "Sports wagering" includes, but
18is not limited to, single-game bets, teaser bets, parlays,
19over-under, moneyline, pools, exchange wagering, in-game
20wagering, in-play bets, proposition bets, and straight bets.
21    "Sports wagering account" means a financial record
22established by a master sports wagering licensee for an
23individual patron in which the patron may deposit and withdraw
24funds and other authorized purchases and to which the master
25sports wagering licensee may credit winnings or other amounts
26due to that patron or authorized by that patron.

 

 

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1    "Sports wagering skin" means the brand used by the master
2sports wagering licensee as presented through a portal,
3website, or computer or mobile application or app through which
4authorized sports wagering is made available to authorized
5participants by a master sports wagering licensee.
 
6    Section 5-10. Sports wagering authorized.
7    (a) Notwithstanding any provision of law to the contrary,
8the operation of sports wagering and ancillary activities are
9only lawful when conducted in accordance with the provisions of
10this Act and the rules of the Illinois Gaming Board and the
11Department of the Lottery.
12    (b) A person placing a wager under this Act shall be at
13least 21 years of age.
14    (c) The Board shall adopt rules for licensure of the
15following:
16        (1) a license to supply a master sports wagering
17    licensee with sports wagering equipment or services
18    necessary for the operation of sports wagering (supplier
19    license), which shall require a license fee of $150,000 and
20    a renewal fee of $150,000 every 5 years;
21        (2) a license to be employed by a master sports
22    wagering licensee when the employee works in a designated
23    gaming area that has sports wagering or performs duties in
24    furtherance of or associated with the operation of sports
25    wagering by the master sports wagering licensee

 

 

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1    (occupational license), which shall require an annual
2    license fee of $250; and
3        (3) a license to provide management services under a
4    contract to a master sports wagering licensee (management
5    services provider license), which shall require a license
6    fee of $500,000 and a renewal fee of $500,000 every 5
7    years.
 
8    Section 5-15. Master sports wagering license issued to an
9organization licensee.
10    (a) An organization licensee under the Illinois Horse
11Racing Act of 1975 may apply for a master sports wagering
12license.
13    (b) To be issued a master sports wagering license, an
14organization licensee shall pay $10,000,000 or 5% of its handle
15from the previous calendar year, whichever is greater, to the
16Board.
17    (c) Five years after issuance of the master sports wagering
18license, the organization licensee shall pay a $1,000,000
19renewal fee to the Board.
20    (d) An organization licensee issued a master sports
21wagering license may conduct sports wagering:
22        (1) at its facility at which inter-track wagering is
23    conducted pursuant to an inter-track wagering license
24    under the Illinois Horse Racing Act of 1975; and
25        (2) upon paying a $5,000,000 fee in addition to fees

 

 

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1    due in subsection (b), at 3 inter-track wagering location
2    licensees that derive their licenses from the organization
3    licensee or through a sports wagering skin.
 
4    Section 5-20. Master sports wagering license issued to an
5owners licensee.
6    (a) An owners licensee under the Riverboat Gambling Act may
7apply for a master sports wagering license.
8    (b) To be issued a master sports wagering license, an
9owners licensee shall pay $10,000,000 or 5% of its adjusted
10gross receipts from the previous calendar year, whichever is
11greater, to the Board.
12    (c) Five years after issuance of the master sports wagering
13license, the owners licensee shall pay a $1,000,000 renewal fee
14to the Board.
15    (d) An owners licensee issued a master sports wagering
16license may conduct sports wagering:
17        (1) at its facility in this State that is authorized to
18    conduct gambling operations under the Riverboat Gambling
19    Act; and
20        (2) upon paying a $5,000,000 fee in addition to fees
21    due in subsection (b), at a location other than its
22    facility, including a sports facility, or through a sports
23    wagering skin.
 
24    Section 5-25. Master sports wagering license issued to a

 

 

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1Class A terminal operator.
2    (a) A pool of at least 10 Class A terminal operators may
3collectively apply for a master sports wagering license. The
4Board may issue a master sports wagering license to a pool of
5at least 10 approved Class A terminal operators.
6    (b) To be issued a master sports wagering license, the pool
7shall pay $10,000,000 or 5% of the pool's collective net
8terminal income from the previous calendar year, whichever is
9greater, to the Board.
10    (c) Five years after issuance of a master sports wagering
11license, the pool of at least 10 Class A terminal operators
12shall pay a $1,000,000 renewal fee to the Board.
13    (d) A Class A terminal operator in a pool issued a master
14sports wagering license may conduct sports wagering:
15        (1) at 10% of the combined licensed establishments,
16    licensed truck stop establishments, licensed fraternal
17    establishments, and licensed veterans establishments that
18    it places video gaming terminals; and
19        (2) through a sports wagering skin collectively with
20    the other Class A terminal operators in the pool.
 
21    Section 5-30. Master sports wagering license issued to a
22Class B terminal operator.
23    (a) A Class B terminal operator may apply for a master
24sports wagering license.
25    (b) To be issued a master sports wagering license, a Class

 

 

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1B terminal operator shall pay $10,000,000 or 5% of its net
2terminal income from the previous calendar year, whichever is
3greater, to the Board.
4    (c) Five years after issuance of the master sports wagering
5license, the Class B terminal operator shall pay a $1,000,000
6renewal fee to the Board.
7    (d) A Class B terminal operator issued a master sports
8wagering license may conduct sports wagering:
9        (1) at 10% of the combined licensed establishments,
10    licensed truck stop establishments, licensed fraternal
11    establishments, and licensed veterans establishments that
12    it places video gaming terminals; and
13        (2) through a sports wagering skin.
 
14    Section 5-35. Sports wagering skin license.
15    (a) Each master sports wagering licensee shall be limited
16to one sports wagering skin to provide sports wagering online.
17Each sports wagering skin must reflect a brand owned by the
18master sports wagering licensee or any affiliate of the master
19sports wagering licensee in the United States. As used in this
20subsection, "affiliate" means a person that directly, or
21indirectly through one or more intermediaries, controls, is
22controlled by, or is under common control with a master sports
23wagering licensee.
24    (b) The Board may issue a sports wagering skin license to
25an entity that provides a nonrefundable license fee of

 

 

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1$5,000,000. The sports wagering skin license may be renewed
2after 5 years upon payment of a $1,000,000 renewal fee.
 
3    Section 5-40. Sports wagering at a sports facility. A
4master sports wagering licensee may not conduct sports wagering
5at a facility within a 5-block radius of a sports facility.
6However, sports wagering may be offered in person at or within
7a 5-block radius of a sports facility if sports wagering is
8offered by a master sports wagering licensee and the master
9sports wagering licensee has received written authorization
10from the Major League Baseball, National Basketball
11Association, National Football League, or National Hockey
12League team that plays its home contests at the sports facility
13or the Professional Golfers' Association of America for a
14professional golf tournament. If more than one professional
15sports team plays its home contests at the same sports
16facility, written authorization is required from all the
17professional sports teams that play home contests at the sports
18facility.
 
19    Section 5-45. Initial license and renewal requirements for
20master sports wagering licenses obtained by an organization
21licensee. No master sports wagering license may be awarded to
22or renewed for any entity that is eligible for a master sports
23wagering license because of an organization license awarded by
24the Illinois Racing Board, unless the entity meets the

 

 

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1following criteria:
2        (1) The entity must hold a valid organization license
3    awarded by the Illinois Racing Board for the term of the
4    master sports wagering license.
5        (2) The entity must hold an inter-track wagering
6    license awarded by the Illinois Racing Board for the term
7    of the master sports wagering license.
8        (3) The entity, for the term of the master sports
9    wagering license, must have a signed contract with the
10    horsemen association representing the largest number of
11    owners, trainers, jockeys, or standardbred drivers who
12    race horses at that organization licensee's racing
13    meeting, the right to execute or decline such contract
14    being without condition, and that stipulates:
15            (A) the number of races to be conducted at the
16        racing meeting and penalties for failure to conduct
17        those races;
18            (B) the amounts to be distributed to purse accounts
19        and penalties for failure to timely make such
20        distributions; and
21            (C) the reduction and ultimate elimination of
22        money payable from purses to organization licensees
23        under paragraph (13) of subsection (g) of Section 26 of
24        the Illinois Horse Racing Act of 1975, with such
25        reduction and elimination achieved as agreed either
26        through reimbursement or non-acceptance.

 

 

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1        (4) The entity may not receive any proceeds from
2    adjusted sports wagering receipts during any period that
3    adjusted sports wagering receipts are not being deposited
4    into the purse accounts as provided in the signed contract
5    with the applicable horsemen association.
 
6    Section 5-50. Master sports wagering license to
7organization licensee in Madison County. The Board may not
8issue a master sports wagering license to an organization
9licensee located in Madison County until it receives an
10executed copy of a contractual agreement between the
11organization licensee in Madison County and an owners licensee
12conducting riverboat gambling from a home dock in the City of
13East St. Louis to operate sports wagering by the organization
14licensee in Madison County to support the continued viability
15of the City of East St. Louis' local portion of gaming taxes
16generated by the owners licensee.
 
17    Section 5-55. Lottery sports wagering pilot program.
18    (a) As used in this Section:
19    "Central system" means the hardware, software,
20peripherals, and network components provided by the
21Department's central system provider that link and support all
22required sports lottery terminals and the central site.
23    "Central system provider" means an individual,
24partnership, corporation, or limited liability company that

 

 

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1has been licensed for the purpose of providing and maintaining
2a central system and the related management facilities.
3    "Electronic card" means a card purchased from a lottery
4retailer.
5    "Lottery retailer" means a location licensed by the
6Department to sell lottery tickets or shares.
7    "Sports lottery systems" means systems provided by the
8central system provider consisting of sports wagering
9products, risk management, operations, and support services.
10    "Sports lottery terminal" means a terminal linked to the
11central system in which bills or coins are deposited or an
12electronic card is inserted in order to place wagers on a
13sports event and lottery offerings.
14    (b) The Department shall issue one central system provider
15license pursuant to an open and competitive bidding process
16that uses the following procedures
17        (1) The Department shall make applications for the
18    central system provider license available to the public and
19    allow a reasonable time for applicants to submit
20    applications to the Department.
21        (2) During the filing period for central system
22    provider license applications, the Department may retain
23    the services of an investment banking firm to assist the
24    Department in conducting the open and competitive bidding
25    process.
26        (3) After receiving all of the bid proposals, the

 

 

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1    Department shall open all of the proposals in a public
2    forum and disclose the prospective central system provider
3    names and venture partners, if any.
4        (4) The Department shall summarize the terms of the bid
5    proposals and may make this summary available to the
6    public.
7        (5) The Department shall evaluate the bid proposals
8    within a reasonable time and select no more than 3 final
9    applicants to make presentations of their bid proposals to
10    the Department.
11        (6) The final applicants shall make their
12    presentations to the Department on the same day during an
13    open session of the Department.
14        (7) As soon as practicable after the public
15    presentations by the final applicants, the Department, in
16    its discretion, may conduct further negotiations among the
17    3 final applicants. During such negotiations, each final
18    applicant may increase its license bid or otherwise enhance
19    its bid proposal. At the conclusion of such negotiations,
20    the Department shall select the winning bid.
21        (8) Upon selection of the winning bid, the Department
22    shall evaluate the winning bid within a reasonable period
23    of time for licensee suitability in accordance with all
24    applicable statutory and regulatory criteria.
25        (9) If the winning bidder is unable or otherwise fails
26    to consummate the transaction, (including if the

 

 

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1    Department determines that the winning bidder does not
2    satisfy the suitability requirements), the Department may,
3    on the same criteria, select from the remaining bidders.
4        (10) The winning bidder shall pay $30,000,000 to the
5    Department upon being issued the central system provider
6    license.
7    (c) Every sports lottery terminal offered in this State for
8play shall first be tested and approved pursuant to the rules
9of the Department, and each sports lottery terminal offered in
10this State for play shall conform to an approved model. For the
11examination of sports lottery terminals and associated
12equipment as required by this Section, the central system
13provider may utilize the services of one or more independent
14outside testing laboratories that have been accredited by a
15national accreditation body and that, in the judgment of the
16Department, are qualified to perform such examinations. Every
17sports lottery terminal offered in this State for play must
18meet minimum standards set by an independent outside testing
19laboratory approved by the Department.
20    (d) Sport lottery terminals may be placed in no more than
212,500 Lottery retail locations in the State.
22    (e) A sports lottery terminal may not directly dispense
23coins, cash, tokens, or any other article of exchange or value
24except for receipt tickets. Tickets shall be dispensed by
25pressing the ticket dispensing button on the sports lottery
26terminal at the end of the placement of one's wager or wagers.

 

 

10100HB1260ham001- 35 -LRB101 03492 SMS 60360 a

1The ticket shall indicate the total amount wagered, odds for
2each wager placed, and the cash award for each bet placed, the
3time of day in a 24-hour format showing hours and minutes, the
4date, the terminal serial number, the sequential number of the
5ticket, and an encrypted validation number from which the
6validity of the prize may be determined. The player shall turn
7in this ticket to the appropriate person at a lottery retailer
8to receive the cash award.
9    (f) No lottery retailer may cause or permit any person
10under the age of 21 years to use a sports lottery terminal or
11sports wagering application. A lottery retailer who knowingly
12causes or permits a person under the age of 21 years to use a
13sports lottery terminal or sports wagering application is
14guilty of a business offense and shall be fined an amount not
15to exceed $5,000.
16    (g) A sports lottery terminal shall only accept parlay
17wagers. The Department shall, by rule, establish the total
18amount, as a percentage, of all wagers placed that a lottery
19retailer may retain.
20    (h) The Department shall have jurisdiction over and shall
21supervise all sports wagering operations governed by this
22Section. The Department shall have all powers necessary and
23proper to fully and effectively execute the provisions of this
24Section, including, but not limited to, the following:
25        (1) To investigate applicants and determine the
26    eligibility of applicants for licenses and to select among

 

 

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1    competing applicants the applicants which best serve the
2    interests of the citizens of Illinois.
3        (2) To have jurisdiction and supervision over all
4    lottery sports wagering operations in this State and all
5    persons in establishments where video gaming operations
6    are conducted.
7        (3) To adopt rules for the purpose of administering the
8    provisions of this Act and to adopt rules and conditions
9    under which all sports wagering in the State shall be
10    conducted. Such rules are to provide for the prevention of
11    practices detrimental to the public interest and for the
12    best interests of lottery sports wagering, including rules
13    (i) regarding the inspection of such licensees necessary to
14    operate a lottery retailer under any laws or rules
15    applicable to licensees, (ii) to impose penalties for
16    violations of the Act and its rules, and (iii) establishing
17    standards for advertising sports wagering.
18    (i) The Department shall adopt emergency rules to
19administer this Section in accordance with Section 5-45 of the
20Illinois Administrative Procedure Act. For the purposes of the
21Illinois Administrative Procedure Act, the General Assembly
22finds that the adoption of rules to implement this Section is
23deemed an emergency and necessary to the public interest,
24safety, and welfare.
25    (j) For the privilege of operating sports wagering under
26this Section, all proceeds minus net of proceeds returned to

 

 

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1players shall be electronically transferred daily or weekly, at
2the discretion of the Director of the Lottery, into the State
3Lottery Fund. After amounts owed to the central system provider
4and licensed agents, as determined by the Department, are paid
5from the moneys deposited into the State Lottery Fund under
6this subsection, the remainder shall be deposited in equal
7amounts to the Pension Stabilization Fund, the Common School
8Fund, and the State Construction Account Fund.
9    (k) This Section is repealed on January 1, 2024.
 
10    Section 5-60. Prohibition on wagering on Illinois
11collegiate teams within Illinois. No licensee under this Act
12may accept a wager for a sports event taking place in the State
13involving an Illinois collegiate team.
 
14    Section 5-65. Supplier diversity goals.
15    (a) The public policy of this State is to collaboratively
16work with companies that serve Illinois residents to improve
17their supplier diversity in a non-antagonistic manner.
18    (b) The Board and the Department shall require all
19licensees under this Act to submit an annual report by April
2015, 2020 and every April 15 thereafter, in a searchable Adobe
21PDF format, on all procurement goals and actual spending for
22female-owned, minority-owned, veteran-owned, and small
23business enterprises in the previous calendar year. These goals
24shall be expressed as a percentage of the total work performed

 

 

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1by the entity submitting the report, and the actual spending
2for all female-owned, minority-owned, veteran-owned, and small
3business enterprises shall also be expressed as a percentage of
4the total work performed by the entity submitting the report.
5    (c) Each licensee in its annual report shall include the
6following information:
7        (1) an explanation of the plan for the next year to
8    increase participation;
9        (2) an explanation of the plan to increase the goals;
10        (3) the areas of procurement each licensee shall be
11    actively seeking more participation in in the next year;
12        (4) an outline of the plan to alert and encourage
13    potential vendors in that area to seek business from the
14    licensee;
15        (5) an explanation of the challenges faced in finding
16    quality vendors and offer any suggestions for what the
17    Board could do to be helpful to identify those vendors;
18        (6) a list of the certifications the licensee
19    recognizes;
20        (7) the point of contact for any potential vendor who
21    wishes to do business with the licensee and explain the
22    process for a vendor to enroll with the licensee as a
23    minority-owned, women-owned, or veteran-owned company; and
24        (8) any particular success stories to encourage other
25    licensee to emulate best practices.
26    (d) Each annual report shall include as much State-specific

 

 

10100HB1260ham001- 39 -LRB101 03492 SMS 60360 a

1data as possible. If the submitting entity does not submit
2State-specific data, then the licensee shall include any
3national data it does have and explain why it could not submit
4State-specific data and how it intends to do so in future
5reports, if possible.
6    (e) Each annual report shall include the rules,
7regulations, and definitions used for the procurement goals in
8the licensee's annual report.
9    (f) The Board, Department, and all licensees shall hold an
10annual workshop open to the public in 2020 and every year
11thereafter on the state of supplier diversity to
12collaboratively seek solutions to structural impediments to
13achieving stated goals, including testimony from each licensee
14as well as subject matter experts and advocates. The Board and
15Department shall publish a database on their websites of the
16point of contact for licensees they regulate under this Act for
17supplier diversity, along with a list of certifications each
18licensee recognizes from the information submitted in each
19annual report. The Board and Department shall publish each
20annual report on their websites and shall maintain each annual
21report for at least 5 years.
 
22    Section 5-70. Sports wagering revenues; Sports Wagering
23Fund.
24    (a) For the privilege of holding a license to operate
25sports wagering under this Act, this State shall impose and

 

 

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1collect 25% of a master sports wagering licensee's adjusted
2gross sports wagering receipts from sports wagering. The
3accrual method of accounting shall be used for purposes of
4calculating the amount of the tax owed by the licensee.
5    (b) The taxes levied and collected pursuant to subsection
6(a) are due and payable to the Board no later than the last day
7of the month following the calendar month in which the adjusted
8gross sports wagering receipts were received and the tax
9obligation was accrued.
10    (c) The Sports Wagering Fund is hereby created as a special
11fund in the State treasury and all moneys collected under this
12Act by the Board shall be deposited into the Sports Wagering
13Fund and then transferred in equal amounts to the State
14Construction Account Fund, the Pension Stabilization Fund, and
15the Common School Fund.
 
16    Section 5-75. Voluntary self-exclusion program for sports
17wagering. Any resident, or non-resident if allowed to
18participate in sports wagering, may voluntarily prohibit
19himself or herself from establishing a sports wagering account
20with a licensee under this Act. The Board and Department shall
21incorporate the voluntary self-exclusion program for sports
22wagering into any existing self-exclusion program that it
23operates on the effective date of this Act.
 
24    Section 5-80. Report to General Assembly. On or before

 

 

10100HB1260ham001- 41 -LRB101 03492 SMS 60360 a

1January 15, 2023, the Board shall provide a report to the
2General Assembly on sports wagering conducted under this Act
3during the 3 years following the effective date of this Act.
 
4    Section 5-900. The Illinois Administrative Procedure Act
5is amended by changing Section 5-45 as follows:
 
6    (5 ILCS 100/5-45)  (from Ch. 127, par. 1005-45)
7    Sec. 5-45. Emergency rulemaking.
8    (a) "Emergency" means the existence of any situation that
9any agency finds reasonably constitutes a threat to the public
10interest, safety, or welfare.
11    (b) If any agency finds that an emergency exists that
12requires adoption of a rule upon fewer days than is required by
13Section 5-40 and states in writing its reasons for that
14finding, the agency may adopt an emergency rule without prior
15notice or hearing upon filing a notice of emergency rulemaking
16with the Secretary of State under Section 5-70. The notice
17shall include the text of the emergency rule and shall be
18published in the Illinois Register. Consent orders or other
19court orders adopting settlements negotiated by an agency may
20be adopted under this Section. Subject to applicable
21constitutional or statutory provisions, an emergency rule
22becomes effective immediately upon filing under Section 5-65 or
23at a stated date less than 10 days thereafter. The agency's
24finding and a statement of the specific reasons for the finding

 

 

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1shall be filed with the rule. The agency shall take reasonable
2and appropriate measures to make emergency rules known to the
3persons who may be affected by them.
4    (c) An emergency rule may be effective for a period of not
5longer than 150 days, but the agency's authority to adopt an
6identical rule under Section 5-40 is not precluded. No
7emergency rule may be adopted more than once in any 24-month
8period, except that this limitation on the number of emergency
9rules that may be adopted in a 24-month period does not apply
10to (i) emergency rules that make additions to and deletions
11from the Drug Manual under Section 5-5.16 of the Illinois
12Public Aid Code or the generic drug formulary under Section
133.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
14emergency rules adopted by the Pollution Control Board before
15July 1, 1997 to implement portions of the Livestock Management
16Facilities Act, (iii) emergency rules adopted by the Illinois
17Department of Public Health under subsections (a) through (i)
18of Section 2 of the Department of Public Health Act when
19necessary to protect the public's health, (iv) emergency rules
20adopted pursuant to subsection (n) of this Section, (v)
21emergency rules adopted pursuant to subsection (o) of this
22Section, or (vi) emergency rules adopted pursuant to subsection
23(c-5) of this Section. Two or more emergency rules having
24substantially the same purpose and effect shall be deemed to be
25a single rule for purposes of this Section.
26    (c-5) To facilitate the maintenance of the program of group

 

 

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1health benefits provided to annuitants, survivors, and retired
2employees under the State Employees Group Insurance Act of
31971, rules to alter the contributions to be paid by the State,
4annuitants, survivors, retired employees, or any combination
5of those entities, for that program of group health benefits,
6shall be adopted as emergency rules. The adoption of those
7rules shall be considered an emergency and necessary for the
8public interest, safety, and welfare.
9    (d) In order to provide for the expeditious and timely
10implementation of the State's fiscal year 1999 budget,
11emergency rules to implement any provision of Public Act 90-587
12or 90-588 or any other budget initiative for fiscal year 1999
13may be adopted in accordance with this Section by the agency
14charged with administering that provision or initiative,
15except that the 24-month limitation on the adoption of
16emergency rules and the provisions of Sections 5-115 and 5-125
17do not apply to rules adopted under this subsection (d). The
18adoption of emergency rules authorized by this subsection (d)
19shall be deemed to be necessary for the public interest,
20safety, and welfare.
21    (e) In order to provide for the expeditious and timely
22implementation of the State's fiscal year 2000 budget,
23emergency rules to implement any provision of Public Act 91-24
24or any other budget initiative for fiscal year 2000 may be
25adopted in accordance with this Section by the agency charged
26with administering that provision or initiative, except that

 

 

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1the 24-month limitation on the adoption of emergency rules and
2the provisions of Sections 5-115 and 5-125 do not apply to
3rules adopted under this subsection (e). The adoption of
4emergency rules authorized by this subsection (e) shall be
5deemed to be necessary for the public interest, safety, and
6welfare.
7    (f) In order to provide for the expeditious and timely
8implementation of the State's fiscal year 2001 budget,
9emergency rules to implement any provision of Public Act 91-712
10or any other budget initiative for fiscal year 2001 may be
11adopted in accordance with this Section by the agency charged
12with administering that provision or initiative, except that
13the 24-month limitation on the adoption of emergency rules and
14the provisions of Sections 5-115 and 5-125 do not apply to
15rules adopted under this subsection (f). The adoption of
16emergency rules authorized by this subsection (f) shall be
17deemed to be necessary for the public interest, safety, and
18welfare.
19    (g) In order to provide for the expeditious and timely
20implementation of the State's fiscal year 2002 budget,
21emergency rules to implement any provision of Public Act 92-10
22or any other budget initiative for fiscal year 2002 may be
23adopted in accordance with this Section by the agency charged
24with administering that provision or initiative, except that
25the 24-month limitation on the adoption of emergency rules and
26the provisions of Sections 5-115 and 5-125 do not apply to

 

 

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1rules adopted under this subsection (g). The adoption of
2emergency rules authorized by this subsection (g) shall be
3deemed to be necessary for the public interest, safety, and
4welfare.
5    (h) In order to provide for the expeditious and timely
6implementation of the State's fiscal year 2003 budget,
7emergency rules to implement any provision of Public Act 92-597
8or any other budget initiative for fiscal year 2003 may be
9adopted in accordance with this Section by the agency charged
10with administering that provision or initiative, except that
11the 24-month limitation on the adoption of emergency rules and
12the provisions of Sections 5-115 and 5-125 do not apply to
13rules adopted under this subsection (h). The adoption of
14emergency rules authorized by this subsection (h) shall be
15deemed to be necessary for the public interest, safety, and
16welfare.
17    (i) In order to provide for the expeditious and timely
18implementation of the State's fiscal year 2004 budget,
19emergency rules to implement any provision of Public Act 93-20
20or any other budget initiative for fiscal year 2004 may be
21adopted in accordance with this Section by the agency charged
22with administering that provision or initiative, except that
23the 24-month limitation on the adoption of emergency rules and
24the provisions of Sections 5-115 and 5-125 do not apply to
25rules adopted under this subsection (i). The adoption of
26emergency rules authorized by this subsection (i) shall be

 

 

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1deemed to be necessary for the public interest, safety, and
2welfare.
3    (j) In order to provide for the expeditious and timely
4implementation of the provisions of the State's fiscal year
52005 budget as provided under the Fiscal Year 2005 Budget
6Implementation (Human Services) Act, emergency rules to
7implement any provision of the Fiscal Year 2005 Budget
8Implementation (Human Services) Act may be adopted in
9accordance with this Section by the agency charged with
10administering that provision, except that the 24-month
11limitation on the adoption of emergency rules and the
12provisions of Sections 5-115 and 5-125 do not apply to rules
13adopted under this subsection (j). The Department of Public Aid
14may also adopt rules under this subsection (j) necessary to
15administer the Illinois Public Aid Code and the Children's
16Health Insurance Program Act. The adoption of emergency rules
17authorized by this subsection (j) shall be deemed to be
18necessary for the public interest, safety, and welfare.
19    (k) In order to provide for the expeditious and timely
20implementation of the provisions of the State's fiscal year
212006 budget, emergency rules to implement any provision of
22Public Act 94-48 or any other budget initiative for fiscal year
232006 may be adopted in accordance with this Section by the
24agency charged with administering that provision or
25initiative, except that the 24-month limitation on the adoption
26of emergency rules and the provisions of Sections 5-115 and

 

 

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15-125 do not apply to rules adopted under this subsection (k).
2The Department of Healthcare and Family Services may also adopt
3rules under this subsection (k) necessary to administer the
4Illinois Public Aid Code, the Senior Citizens and Persons with
5Disabilities Property Tax Relief Act, the Senior Citizens and
6Disabled Persons Prescription Drug Discount Program Act (now
7the Illinois Prescription Drug Discount Program Act), and the
8Children's Health Insurance Program Act. The adoption of
9emergency rules authorized by this subsection (k) shall be
10deemed to be necessary for the public interest, safety, and
11welfare.
12    (l) In order to provide for the expeditious and timely
13implementation of the provisions of the State's fiscal year
142007 budget, the Department of Healthcare and Family Services
15may adopt emergency rules during fiscal year 2007, including
16rules effective July 1, 2007, in accordance with this
17subsection to the extent necessary to administer the
18Department's responsibilities with respect to amendments to
19the State plans and Illinois waivers approved by the federal
20Centers for Medicare and Medicaid Services necessitated by the
21requirements of Title XIX and Title XXI of the federal Social
22Security Act. The adoption of emergency rules authorized by
23this subsection (l) shall be deemed to be necessary for the
24public interest, safety, and welfare.
25    (m) In order to provide for the expeditious and timely
26implementation of the provisions of the State's fiscal year

 

 

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12008 budget, the Department of Healthcare and Family Services
2may adopt emergency rules during fiscal year 2008, including
3rules effective July 1, 2008, in accordance with this
4subsection to the extent necessary to administer the
5Department's responsibilities with respect to amendments to
6the State plans and Illinois waivers approved by the federal
7Centers for Medicare and Medicaid Services necessitated by the
8requirements of Title XIX and Title XXI of the federal Social
9Security Act. The adoption of emergency rules authorized by
10this subsection (m) shall be deemed to be necessary for the
11public interest, safety, and welfare.
12    (n) In order to provide for the expeditious and timely
13implementation of the provisions of the State's fiscal year
142010 budget, emergency rules to implement any provision of
15Public Act 96-45 or any other budget initiative authorized by
16the 96th General Assembly for fiscal year 2010 may be adopted
17in accordance with this Section by the agency charged with
18administering that provision or initiative. The adoption of
19emergency rules authorized by this subsection (n) shall be
20deemed to be necessary for the public interest, safety, and
21welfare. The rulemaking authority granted in this subsection
22(n) shall apply only to rules promulgated during Fiscal Year
232010.
24    (o) In order to provide for the expeditious and timely
25implementation of the provisions of the State's fiscal year
262011 budget, emergency rules to implement any provision of

 

 

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1Public Act 96-958 or any other budget initiative authorized by
2the 96th General Assembly for fiscal year 2011 may be adopted
3in accordance with this Section by the agency charged with
4administering that provision or initiative. The adoption of
5emergency rules authorized by this subsection (o) is deemed to
6be necessary for the public interest, safety, and welfare. The
7rulemaking authority granted in this subsection (o) applies
8only to rules promulgated on or after July 1, 2010 (the
9effective date of Public Act 96-958) through June 30, 2011.
10    (p) In order to provide for the expeditious and timely
11implementation of the provisions of Public Act 97-689,
12emergency rules to implement any provision of Public Act 97-689
13may be adopted in accordance with this subsection (p) by the
14agency charged with administering that provision or
15initiative. The 150-day limitation of the effective period of
16emergency rules does not apply to rules adopted under this
17subsection (p), and the effective period may continue through
18June 30, 2013. The 24-month limitation on the adoption of
19emergency rules does not apply to rules adopted under this
20subsection (p). The adoption of emergency rules authorized by
21this subsection (p) is deemed to be necessary for the public
22interest, safety, and welfare.
23    (q) In order to provide for the expeditious and timely
24implementation of the provisions of Articles 7, 8, 9, 11, and
2512 of Public Act 98-104, emergency rules to implement any
26provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104

 

 

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1may be adopted in accordance with this subsection (q) by the
2agency charged with administering that provision or
3initiative. The 24-month limitation on the adoption of
4emergency rules does not apply to rules adopted under this
5subsection (q). The adoption of emergency rules authorized by
6this subsection (q) is deemed to be necessary for the public
7interest, safety, and welfare.
8    (r) In order to provide for the expeditious and timely
9implementation of the provisions of Public Act 98-651,
10emergency rules to implement Public Act 98-651 may be adopted
11in accordance with this subsection (r) by the Department of
12Healthcare and Family Services. The 24-month limitation on the
13adoption of emergency rules does not apply to rules adopted
14under this subsection (r). The adoption of emergency rules
15authorized by this subsection (r) is deemed to be necessary for
16the public interest, safety, and welfare.
17    (s) In order to provide for the expeditious and timely
18implementation of the provisions of Sections 5-5b.1 and 5A-2 of
19the Illinois Public Aid Code, emergency rules to implement any
20provision of Section 5-5b.1 or Section 5A-2 of the Illinois
21Public Aid Code may be adopted in accordance with this
22subsection (s) by the Department of Healthcare and Family
23Services. The rulemaking authority granted in this subsection
24(s) shall apply only to those rules adopted prior to July 1,
252015. Notwithstanding any other provision of this Section, any
26emergency rule adopted under this subsection (s) shall only

 

 

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1apply to payments made for State fiscal year 2015. The adoption
2of emergency rules authorized by this subsection (s) is deemed
3to be necessary for the public interest, safety, and welfare.
4    (t) In order to provide for the expeditious and timely
5implementation of the provisions of Article II of Public Act
699-6, emergency rules to implement the changes made by Article
7II of Public Act 99-6 to the Emergency Telephone System Act may
8be adopted in accordance with this subsection (t) by the
9Department of State Police. The rulemaking authority granted in
10this subsection (t) shall apply only to those rules adopted
11prior to July 1, 2016. The 24-month limitation on the adoption
12of emergency rules does not apply to rules adopted under this
13subsection (t). The adoption of emergency rules authorized by
14this subsection (t) is deemed to be necessary for the public
15interest, safety, and welfare.
16    (u) In order to provide for the expeditious and timely
17implementation of the provisions of the Burn Victims Relief
18Act, emergency rules to implement any provision of the Act may
19be adopted in accordance with this subsection (u) by the
20Department of Insurance. The rulemaking authority granted in
21this subsection (u) shall apply only to those rules adopted
22prior to December 31, 2015. The adoption of emergency rules
23authorized by this subsection (u) is deemed to be necessary for
24the public interest, safety, and welfare.
25    (v) In order to provide for the expeditious and timely
26implementation of the provisions of Public Act 99-516,

 

 

10100HB1260ham001- 52 -LRB101 03492 SMS 60360 a

1emergency rules to implement Public Act 99-516 may be adopted
2in accordance with this subsection (v) by the Department of
3Healthcare and Family Services. The 24-month limitation on the
4adoption of emergency rules does not apply to rules adopted
5under this subsection (v). The adoption of emergency rules
6authorized by this subsection (v) is deemed to be necessary for
7the public interest, safety, and welfare.
8    (w) In order to provide for the expeditious and timely
9implementation of the provisions of Public Act 99-796,
10emergency rules to implement the changes made by Public Act
1199-796 may be adopted in accordance with this subsection (w) by
12the Adjutant General. The adoption of emergency rules
13authorized by this subsection (w) is deemed to be necessary for
14the public interest, safety, and welfare.
15    (x) In order to provide for the expeditious and timely
16implementation of the provisions of Public Act 99-906,
17emergency rules to implement subsection (i) of Section 16-115D,
18subsection (g) of Section 16-128A, and subsection (a) of
19Section 16-128B of the Public Utilities Act may be adopted in
20accordance with this subsection (x) by the Illinois Commerce
21Commission. The rulemaking authority granted in this
22subsection (x) shall apply only to those rules adopted within
23180 days after June 1, 2017 (the effective date of Public Act
2499-906). The adoption of emergency rules authorized by this
25subsection (x) is deemed to be necessary for the public
26interest, safety, and welfare.

 

 

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1    (y) In order to provide for the expeditious and timely
2implementation of the provisions of Public Act 100-23,
3emergency rules to implement the changes made by Public Act
4100-23 to Section 4.02 of the Illinois Act on the Aging,
5Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code,
6Section 55-30 of the Alcoholism and Other Drug Abuse and
7Dependency Act, and Sections 74 and 75 of the Mental Health and
8Developmental Disabilities Administrative Act may be adopted
9in accordance with this subsection (y) by the respective
10Department. The adoption of emergency rules authorized by this
11subsection (y) is deemed to be necessary for the public
12interest, safety, and welfare.
13    (z) In order to provide for the expeditious and timely
14implementation of the provisions of Public Act 100-554,
15emergency rules to implement the changes made by Public Act
16100-554 to Section 4.7 of the Lobbyist Registration Act may be
17adopted in accordance with this subsection (z) by the Secretary
18of State. The adoption of emergency rules authorized by this
19subsection (z) is deemed to be necessary for the public
20interest, safety, and welfare.
21    (aa) In order to provide for the expeditious and timely
22initial implementation of the changes made to Articles 5, 5A,
2312, and 14 of the Illinois Public Aid Code under the provisions
24of Public Act 100-581, the Department of Healthcare and Family
25Services may adopt emergency rules in accordance with this
26subsection (aa). The 24-month limitation on the adoption of

 

 

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1emergency rules does not apply to rules to initially implement
2the changes made to Articles 5, 5A, 12, and 14 of the Illinois
3Public Aid Code adopted under this subsection (aa). The
4adoption of emergency rules authorized by this subsection (aa)
5is deemed to be necessary for the public interest, safety, and
6welfare.
7    (bb) In order to provide for the expeditious and timely
8implementation of the provisions of Public Act 100-587,
9emergency rules to implement the changes made by Public Act
10100-587 to Section 4.02 of the Illinois Act on the Aging,
11Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code,
12subsection (b) of Section 55-30 of the Alcoholism and Other
13Drug Abuse and Dependency Act, Section 5-104 of the Specialized
14Mental Health Rehabilitation Act of 2013, and Section 75 and
15subsection (b) of Section 74 of the Mental Health and
16Developmental Disabilities Administrative Act may be adopted
17in accordance with this subsection (bb) by the respective
18Department. The adoption of emergency rules authorized by this
19subsection (bb) is deemed to be necessary for the public
20interest, safety, and welfare.
21    (cc) In order to provide for the expeditious and timely
22implementation of the provisions of Public Act 100-587,
23emergency rules may be adopted in accordance with this
24subsection (cc) to implement the changes made by Public Act
25100-587 to: Sections 14-147.5 and 14-147.6 of the Illinois
26Pension Code by the Board created under Article 14 of the Code;

 

 

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1Sections 15-185.5 and 15-185.6 of the Illinois Pension Code by
2the Board created under Article 15 of the Code; and Sections
316-190.5 and 16-190.6 of the Illinois Pension Code by the Board
4created under Article 16 of the Code. The adoption of emergency
5rules authorized by this subsection (cc) is deemed to be
6necessary for the public interest, safety, and welfare.
7    (dd) In order to provide for the expeditious and timely
8implementation of the provisions of Public Act 100-864,
9emergency rules to implement the changes made by Public Act
10100-864 to Section 3.35 of the Newborn Metabolic Screening Act
11may be adopted in accordance with this subsection (dd) by the
12Secretary of State. The adoption of emergency rules authorized
13by this subsection (dd) is deemed to be necessary for the
14public interest, safety, and welfare.
15    (ee) In order to provide for the expeditious and timely
16implementation of the provisions of Public Act 100-1172 this
17amendatory Act of the 100th General Assembly, emergency rules
18implementing the Illinois Underground Natural Gas Storage
19Safety Act may be adopted in accordance with this subsection by
20the Department of Natural Resources. The adoption of emergency
21rules authorized by this subsection is deemed to be necessary
22for the public interest, safety, and welfare.
23    (ff) (ee) In order to provide for the expeditious and
24timely initial implementation of the changes made to Articles
255A and 14 of the Illinois Public Aid Code under the provisions
26of Public Act 100-1181 this amendatory Act of the 100th General

 

 

10100HB1260ham001- 56 -LRB101 03492 SMS 60360 a

1Assembly, the Department of Healthcare and Family Services may
2on a one-time-only basis adopt emergency rules in accordance
3with this subsection (ff) (ee). The 24-month limitation on the
4adoption of emergency rules does not apply to rules to
5initially implement the changes made to Articles 5A and 14 of
6the Illinois Public Aid Code adopted under this subsection (ff)
7(ee). The adoption of emergency rules authorized by this
8subsection (ff) (ee) is deemed to be necessary for the public
9interest, safety, and welfare.
10    (gg) (ff) In order to provide for the expeditious and
11timely implementation of the provisions of Public Act 101-1
12this amendatory Act of the 101st General Assembly, emergency
13rules may be adopted by the Department of Labor in accordance
14with this subsection (gg) (ff) to implement the changes made by
15Public Act 101-1 this amendatory Act of the 101st General
16Assembly to the Minimum Wage Law. The adoption of emergency
17rules authorized by this subsection (gg) (ff) is deemed to be
18necessary for the public interest, safety, and welfare.
19    (ii) In order to provide for the expeditious and timely
20implementation of the provisions of Section 5-55 of the Sports
21Wagering Act, emergency rules to implement Section 5-55 of the
22Sports Wagering Act may be adopted in accordance with this
23subsection (ii) by the Department of the Lottery as provided in
24the Sports Wagering Act. The adoption of emergency rules
25authorized by this subsection (ii) is deemed to be necessary
26for the public interest, safety, and welfare.

 

 

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1(Source: P.A. 100-23, eff. 7-6-17; 100-554, eff. 11-16-17;
2100-581, eff. 3-12-18; 100-587, Article 95, Section 95-5, eff.
36-4-18; 100-587, Article 110, Section 110-5, eff. 6-4-18;
4100-864, eff. 8-14-18; 100-1172, eff. 1-4-19; 100-1181, eff.
53-8-19; 101-1, eff. 2-19-19; revised 4-2-19.)
 
6    Section 5-905. The State Finance Act is amended by adding
7Section 5.891 as follows:
 
8    (30 ILCS 105/5.891 new)
9    Sec. 5.891. The Sports Wagering Fund.
 
10    Section 5-910. The Riverboat Gambling Act is amended by
11changing Section 13 as follows:
 
12    (230 ILCS 10/13)  (from Ch. 120, par. 2413)
13    Sec. 13. Wagering tax; rate; distribution.
14    (a) Until January 1, 1998, a tax is imposed on the adjusted
15gross receipts received from gambling games authorized under
16this Act at the rate of 20%.
17    (a-1) From January 1, 1998 until July 1, 2002, a privilege
18tax is imposed on persons engaged in the business of conducting
19riverboat gambling operations, based on the adjusted gross
20receipts received by a licensed owner from gambling games
21authorized under this Act at the following rates:
22        15% of annual adjusted gross receipts up to and

 

 

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1    including $25,000,000;
2        20% of annual adjusted gross receipts in excess of
3    $25,000,000 but not exceeding $50,000,000;
4        25% of annual adjusted gross receipts in excess of
5    $50,000,000 but not exceeding $75,000,000;
6        30% of annual adjusted gross receipts in excess of
7    $75,000,000 but not exceeding $100,000,000;
8        35% of annual adjusted gross receipts in excess of
9    $100,000,000.
10    (a-2) From July 1, 2002 until July 1, 2003, a privilege tax
11is imposed on persons engaged in the business of conducting
12riverboat gambling operations, other than licensed managers
13conducting riverboat gambling operations on behalf of the
14State, based on the adjusted gross receipts received by a
15licensed owner from gambling games authorized under this Act at
16the following rates:
17        15% of annual adjusted gross receipts up to and
18    including $25,000,000;
19        22.5% of annual adjusted gross receipts in excess of
20    $25,000,000 but not exceeding $50,000,000;
21        27.5% of annual adjusted gross receipts in excess of
22    $50,000,000 but not exceeding $75,000,000;
23        32.5% of annual adjusted gross receipts in excess of
24    $75,000,000 but not exceeding $100,000,000;
25        37.5% of annual adjusted gross receipts in excess of
26    $100,000,000 but not exceeding $150,000,000;

 

 

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1        45% of annual adjusted gross receipts in excess of
2    $150,000,000 but not exceeding $200,000,000;
3        50% of annual adjusted gross receipts in excess of
4    $200,000,000.
5    (a-3) Beginning July 1, 2003, a privilege tax is imposed on
6persons engaged in the business of conducting riverboat
7gambling operations, other than licensed managers conducting
8riverboat gambling operations on behalf of the State, based on
9the adjusted gross receipts received by a licensed owner from
10gambling games authorized under this Act at the following
11rates:
12        15% of annual adjusted gross receipts up to and
13    including $25,000,000;
14        27.5% of annual adjusted gross receipts in excess of
15    $25,000,000 but not exceeding $37,500,000;
16        32.5% of annual adjusted gross receipts in excess of
17    $37,500,000 but not exceeding $50,000,000;
18        37.5% of annual adjusted gross receipts in excess of
19    $50,000,000 but not exceeding $75,000,000;
20        45% of annual adjusted gross receipts in excess of
21    $75,000,000 but not exceeding $100,000,000;
22        50% of annual adjusted gross receipts in excess of
23    $100,000,000 but not exceeding $250,000,000;
24        70% of annual adjusted gross receipts in excess of
25    $250,000,000.
26    An amount equal to the amount of wagering taxes collected

 

 

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1under this subsection (a-3) that are in addition to the amount
2of wagering taxes that would have been collected if the
3wagering tax rates under subsection (a-2) were in effect shall
4be paid into the Common School Fund.
5    The privilege tax imposed under this subsection (a-3) shall
6no longer be imposed beginning on the earlier of (i) July 1,
72005; (ii) the first date after June 20, 2003 that riverboat
8gambling operations are conducted pursuant to a dormant
9license; or (iii) the first day that riverboat gambling
10operations are conducted under the authority of an owners
11license that is in addition to the 10 owners licenses initially
12authorized under this Act. For the purposes of this subsection
13(a-3), the term "dormant license" means an owners license that
14is authorized by this Act under which no riverboat gambling
15operations are being conducted on June 20, 2003.
16    (a-4) Beginning on the first day on which the tax imposed
17under subsection (a-3) is no longer imposed, a privilege tax is
18imposed on persons engaged in the business of conducting
19riverboat gambling operations, other than licensed managers
20conducting riverboat gambling operations on behalf of the
21State, based on the adjusted gross receipts received by a
22licensed owner from gambling games authorized under this Act at
23the following rates:
24        15% of annual adjusted gross receipts up to and
25    including $25,000,000;
26        22.5% of annual adjusted gross receipts in excess of

 

 

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1    $25,000,000 but not exceeding $50,000,000;
2        27.5% of annual adjusted gross receipts in excess of
3    $50,000,000 but not exceeding $75,000,000;
4        32.5% of annual adjusted gross receipts in excess of
5    $75,000,000 but not exceeding $100,000,000;
6        37.5% of annual adjusted gross receipts in excess of
7    $100,000,000 but not exceeding $150,000,000;
8        45% of annual adjusted gross receipts in excess of
9    $150,000,000 but not exceeding $200,000,000;
10        50% of annual adjusted gross receipts in excess of
11    $200,000,000.
12    (a-8) Riverboat gambling operations conducted by a
13licensed manager on behalf of the State are not subject to the
14tax imposed under this Section.
15    (a-10) The taxes imposed by this Section shall be paid by
16the licensed owner to the Board not later than 5:00 o'clock
17p.m. of the day after the day when the wagers were made.
18    (a-15) If the privilege tax imposed under subsection (a-3)
19is no longer imposed pursuant to item (i) of the last paragraph
20of subsection (a-3), then by June 15 of each year, each owners
21licensee, other than an owners licensee that admitted 1,000,000
22persons or fewer in calendar year 2004, must, in addition to
23the payment of all amounts otherwise due under this Section,
24pay to the Board a reconciliation payment in the amount, if
25any, by which the licensed owner's base amount exceeds the
26amount of net privilege tax paid by the licensed owner to the

 

 

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1Board in the then current State fiscal year. A licensed owner's
2net privilege tax obligation due for the balance of the State
3fiscal year shall be reduced up to the total of the amount paid
4by the licensed owner in its June 15 reconciliation payment.
5The obligation imposed by this subsection (a-15) is binding on
6any person, firm, corporation, or other entity that acquires an
7ownership interest in any such owners license. The obligation
8imposed under this subsection (a-15) terminates on the earliest
9of: (i) July 1, 2007, (ii) the first day after the effective
10date of this amendatory Act of the 94th General Assembly that
11riverboat gambling operations are conducted pursuant to a
12dormant license, (iii) the first day that riverboat gambling
13operations are conducted under the authority of an owners
14license that is in addition to the 10 owners licenses initially
15authorized under this Act, or (iv) the first day that a
16licensee under the Illinois Horse Racing Act of 1975 conducts
17gaming operations with slot machines or other electronic gaming
18devices. The Board must reduce the obligation imposed under
19this subsection (a-15) by an amount the Board deems reasonable
20for any of the following reasons: (A) an act or acts of God,
21(B) an act of bioterrorism or terrorism or a bioterrorism or
22terrorism threat that was investigated by a law enforcement
23agency, or (C) a condition beyond the control of the owners
24licensee that does not result from any act or omission by the
25owners licensee or any of its agents and that poses a hazardous
26threat to the health and safety of patrons. If an owners

 

 

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1licensee pays an amount in excess of its liability under this
2Section, the Board shall apply the overpayment to future
3payments required under this Section.
4    For purposes of this subsection (a-15):
5    "Act of God" means an incident caused by the operation of
6an extraordinary force that cannot be foreseen, that cannot be
7avoided by the exercise of due care, and for which no person
8can be held liable.
9    "Base amount" means the following:
10        For a riverboat in Alton, $31,000,000.
11        For a riverboat in East Peoria, $43,000,000.
12        For the Empress riverboat in Joliet, $86,000,000.
13        For a riverboat in Metropolis, $45,000,000.
14        For the Harrah's riverboat in Joliet, $114,000,000.
15        For a riverboat in Aurora, $86,000,000.
16        For a riverboat in East St. Louis, $48,500,000.
17        For a riverboat in Elgin, $198,000,000.
18    "Dormant license" has the meaning ascribed to it in
19subsection (a-3).
20    "Net privilege tax" means all privilege taxes paid by a
21licensed owner to the Board under this Section, less all
22payments made from the State Gaming Fund pursuant to subsection
23(b) of this Section.
24    The changes made to this subsection (a-15) by Public Act
2594-839 are intended to restate and clarify the intent of Public
26Act 94-673 with respect to the amount of the payments required

 

 

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1to be made under this subsection by an owners licensee to the
2Board.
3    (b) Until January 1, 1998, 25% of the tax revenue deposited
4in the State Gaming Fund under this Section shall be paid,
5subject to appropriation by the General Assembly, to the unit
6of local government which is designated as the home dock of the
7riverboat. Beginning January 1, 1998, from the tax revenue
8deposited in the State Gaming Fund under this Section, an
9amount equal to 5% of adjusted gross receipts generated by a
10riverboat shall be paid monthly, subject to appropriation by
11the General Assembly, to the unit of local government that is
12designated as the home dock of the riverboat. From the tax
13revenue deposited in the State Gaming Fund pursuant to
14riverboat gambling operations conducted by a licensed manager
15on behalf of the State, an amount equal to 5% of adjusted gross
16receipts generated pursuant to those riverboat gambling
17operations shall be paid monthly, subject to appropriation by
18the General Assembly, to the unit of local government that is
19designated as the home dock of the riverboat upon which those
20riverboat gambling operations are conducted.
21    (c) Appropriations, as approved by the General Assembly,
22may be made from the State Gaming Fund to the Board (i) for the
23administration and enforcement of this Act and the Video Gaming
24Act, (ii) for distribution to the Department of State Police
25and to the Department of Revenue for the enforcement of this
26Act, and (iii) to the Department of Human Services for the

 

 

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1administration of programs to treat problem gambling,
2including problem gambling from sports wagering.
3    (c-5) Before May 26, 2006 (the effective date of Public Act
494-804) and beginning on the effective date of this amendatory
5Act of the 95th General Assembly, unless any organization
6licensee under the Illinois Horse Racing Act of 1975 begins to
7operate a slot machine or video game of chance under the
8Illinois Horse Racing Act of 1975 or this Act, after the
9payments required under subsections (b) and (c) have been made,
10an amount equal to 15% of the adjusted gross receipts of (1) an
11owners licensee that relocates pursuant to Section 11.2, (2) an
12owners licensee conducting riverboat gambling operations
13pursuant to an owners license that is initially issued after
14June 25, 1999, or (3) the first riverboat gambling operations
15conducted by a licensed manager on behalf of the State under
16Section 7.3, whichever comes first, shall be paid from the
17State Gaming Fund into the Horse Racing Equity Fund.
18    (c-10) Each year the General Assembly shall appropriate
19from the General Revenue Fund to the Education Assistance Fund
20an amount equal to the amount paid into the Horse Racing Equity
21Fund pursuant to subsection (c-5) in the prior calendar year.
22    (c-15) After the payments required under subsections (b),
23(c), and (c-5) have been made, an amount equal to 2% of the
24adjusted gross receipts of (1) an owners licensee that
25relocates pursuant to Section 11.2, (2) an owners licensee
26conducting riverboat gambling operations pursuant to an owners

 

 

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1license that is initially issued after June 25, 1999, or (3)
2the first riverboat gambling operations conducted by a licensed
3manager on behalf of the State under Section 7.3, whichever
4comes first, shall be paid, subject to appropriation from the
5General Assembly, from the State Gaming Fund to each home rule
6county with a population of over 3,000,000 inhabitants for the
7purpose of enhancing the county's criminal justice system.
8    (c-20) Each year the General Assembly shall appropriate
9from the General Revenue Fund to the Education Assistance Fund
10an amount equal to the amount paid to each home rule county
11with a population of over 3,000,000 inhabitants pursuant to
12subsection (c-15) in the prior calendar year.
13    (c-25) On July 1, 2013 and each July 1 thereafter,
14$1,600,000 shall be transferred from the State Gaming Fund to
15the Chicago State University Education Improvement Fund.
16    (c-30) On July 1, 2013 or as soon as possible thereafter,
17$92,000,000 shall be transferred from the State Gaming Fund to
18the School Infrastructure Fund and $23,000,000 shall be
19transferred from the State Gaming Fund to the Horse Racing
20Equity Fund.
21    (c-35) Beginning on July 1, 2013, in addition to any amount
22transferred under subsection (c-30) of this Section,
23$5,530,000 shall be transferred monthly from the State Gaming
24Fund to the School Infrastructure Fund.
25    (d) From time to time, the Board shall transfer the
26remainder of the funds generated by this Act into the Education

 

 

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1Assistance Fund, created by Public Act 86-0018, of the State of
2Illinois.
3    (e) Nothing in this Act shall prohibit the unit of local
4government designated as the home dock of the riverboat from
5entering into agreements with other units of local government
6in this State or in other states to share its portion of the
7tax revenue.
8    (f) To the extent practicable, the Board shall administer
9and collect the wagering taxes imposed by this Section in a
10manner consistent with the provisions of Sections 4, 5, 5a, 5b,
115c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9, and 10 of the
12Retailers' Occupation Tax Act and Section 3-7 of the Uniform
13Penalty and Interest Act.
14(Source: P.A. 98-18, eff. 6-7-13.)
 
15    Section 5-915. The Criminal Code of 2012 is amended by
16changing Sections 28-1, 28-3, and 28-5 as follows:
 
17    (720 ILCS 5/28-1)  (from Ch. 38, par. 28-1)
18    Sec. 28-1. Gambling.
19    (a) A person commits gambling when he or she:
20        (1) knowingly plays a game of chance or skill for money
21    or other thing of value, unless excepted in subsection (b)
22    of this Section;
23        (2) knowingly makes a wager upon the result of any
24    game, contest, or any political nomination, appointment or

 

 

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1    election;
2        (3) knowingly operates, keeps, owns, uses, purchases,
3    exhibits, rents, sells, bargains for the sale or lease of,
4    manufactures or distributes any gambling device;
5        (4) contracts to have or give himself or herself or
6    another the option to buy or sell, or contracts to buy or
7    sell, at a future time, any grain or other commodity
8    whatsoever, or any stock or security of any company, where
9    it is at the time of making such contract intended by both
10    parties thereto that the contract to buy or sell, or the
11    option, whenever exercised, or the contract resulting
12    therefrom, shall be settled, not by the receipt or delivery
13    of such property, but by the payment only of differences in
14    prices thereof; however, the issuance, purchase, sale,
15    exercise, endorsement or guarantee, by or through a person
16    registered with the Secretary of State pursuant to Section
17    8 of the Illinois Securities Law of 1953, or by or through
18    a person exempt from such registration under said Section
19    8, of a put, call, or other option to buy or sell
20    securities which have been registered with the Secretary of
21    State or which are exempt from such registration under
22    Section 3 of the Illinois Securities Law of 1953 is not
23    gambling within the meaning of this paragraph (4);
24        (5) knowingly owns or possesses any book, instrument or
25    apparatus by means of which bets or wagers have been, or
26    are, recorded or registered, or knowingly possesses any

 

 

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1    money which he has received in the course of a bet or
2    wager;
3        (6) knowingly sells pools upon the result of any game
4    or contest of skill or chance, political nomination,
5    appointment or election;
6        (7) knowingly sets up or promotes any lottery or sells,
7    offers to sell or transfers any ticket or share for any
8    lottery;
9        (8) knowingly sets up or promotes any policy game or
10    sells, offers to sell or knowingly possesses or transfers
11    any policy ticket, slip, record, document or other similar
12    device;
13        (9) knowingly drafts, prints or publishes any lottery
14    ticket or share, or any policy ticket, slip, record,
15    document or similar device, except for such activity
16    related to lotteries, bingo games and raffles authorized by
17    and conducted in accordance with the laws of Illinois or
18    any other state or foreign government;
19        (10) knowingly advertises any lottery or policy game,
20    except for such activity related to lotteries, bingo games
21    and raffles authorized by and conducted in accordance with
22    the laws of Illinois or any other state;
23        (11) knowingly transmits information as to wagers,
24    betting odds, or changes in betting odds by telephone,
25    telegraph, radio, semaphore or similar means; or knowingly
26    installs or maintains equipment for the transmission or

 

 

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1    receipt of such information; except that nothing in this
2    subdivision (11) prohibits transmission or receipt of such
3    information for use in news reporting of sporting events or
4    contests; or
5        (12) knowingly establishes, maintains, or operates an
6    Internet site that permits a person to play a game of
7    chance or skill for money or other thing of value by means
8    of the Internet or to make a wager upon the result of any
9    game, contest, political nomination, appointment, or
10    election by means of the Internet. This item (12) does not
11    apply to activities referenced in items (6), and (6.1), and
12    (15) of subsection (b) of this Section.
13    (b) Participants in any of the following activities shall
14not be convicted of gambling:
15        (1) Agreements to compensate for loss caused by the
16    happening of chance including without limitation contracts
17    of indemnity or guaranty and life or health or accident
18    insurance.
19        (2) Offers of prizes, award or compensation to the
20    actual contestants in any bona fide contest for the
21    determination of skill, speed, strength or endurance or to
22    the owners of animals or vehicles entered in such contest.
23        (3) Pari-mutuel betting as authorized by the law of
24    this State.
25        (4) Manufacture of gambling devices, including the
26    acquisition of essential parts therefor and the assembly

 

 

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1    thereof, for transportation in interstate or foreign
2    commerce to any place outside this State when such
3    transportation is not prohibited by any applicable Federal
4    law; or the manufacture, distribution, or possession of
5    video gaming terminals, as defined in the Video Gaming Act,
6    by manufacturers, distributors, and terminal operators
7    licensed to do so under the Video Gaming Act.
8        (5) The game commonly known as "bingo", when conducted
9    in accordance with the Bingo License and Tax Act.
10        (6) Lotteries when conducted by the State of Illinois
11    in accordance with the Illinois Lottery Law. This exemption
12    includes any activity conducted by the Department of
13    Revenue to sell lottery tickets pursuant to the provisions
14    of the Illinois Lottery Law and its rules.
15        (6.1) The purchase of lottery tickets through the
16    Internet for a lottery conducted by the State of Illinois
17    under the program established in Section 7.12 of the
18    Illinois Lottery Law.
19        (7) Possession of an antique slot machine that is
20    neither used nor intended to be used in the operation or
21    promotion of any unlawful gambling activity or enterprise.
22    For the purpose of this subparagraph (b)(7), an antique
23    slot machine is one manufactured 25 years ago or earlier.
24        (8) Raffles and poker runs when conducted in accordance
25    with the Raffles and Poker Runs Act.
26        (9) Charitable games when conducted in accordance with

 

 

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1    the Charitable Games Act.
2        (10) Pull tabs and jar games when conducted under the
3    Illinois Pull Tabs and Jar Games Act.
4        (11) Gambling games conducted on riverboats when
5    authorized by the Riverboat Gambling Act.
6        (12) Video gaming terminal games at a licensed
7    establishment, licensed truck stop establishment, licensed
8    fraternal establishment, or licensed veterans
9    establishment when conducted in accordance with the Video
10    Gaming Act.
11        (13) Games of skill or chance where money or other
12    things of value can be won but no payment or purchase is
13    required to participate.
14        (14) Savings promotion raffles authorized under
15    Section 5g of the Illinois Banking Act, Section 7008 of the
16    Savings Bank Act, Section 42.7 of the Illinois Credit Union
17    Act, Section 5136B of the National Bank Act (12 U.S.C.
18    25a), or Section 4 of the Home Owners' Loan Act (12 U.S.C.
19    1463).
20        (15) Sports wagering when conducted in accordance with
21    the Sports Wagering Act.
22    (c) Sentence.
23    Gambling is a Class A misdemeanor. A second or subsequent
24conviction under subsections (a)(3) through (a)(12), is a Class
254 felony.
26    (d) Circumstantial evidence.

 

 

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1    In prosecutions under this Section circumstantial evidence
2shall have the same validity and weight as in any criminal
3prosecution.
4(Source: P.A. 98-644, eff. 6-10-14; 99-149, eff. 1-1-16.)
 
5    (720 ILCS 5/28-3)   (from Ch. 38, par. 28-3)
6    Sec. 28-3. Keeping a Gambling Place. A "gambling place" is
7any real estate, vehicle, boat or any other property whatsoever
8used for the purposes of gambling other than gambling conducted
9in the manner authorized by the Riverboat Gambling Act, the
10Sports Wagering Act, or the Video Gaming Act. Any person who
11knowingly permits any premises or property owned or occupied by
12him or under his control to be used as a gambling place commits
13a Class A misdemeanor. Each subsequent offense is a Class 4
14felony. When any premises is determined by the circuit court to
15be a gambling place:
16    (a) Such premises is a public nuisance and may be proceeded
17against as such, and
18    (b) All licenses, permits or certificates issued by the
19State of Illinois or any subdivision or public agency thereof
20authorizing the serving of food or liquor on such premises
21shall be void; and no license, permit or certificate so
22cancelled shall be reissued for such premises for a period of
2360 days thereafter; nor shall any person convicted of keeping a
24gambling place be reissued such license for one year from his
25conviction and, after a second conviction of keeping a gambling

 

 

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1place, any such person shall not be reissued such license, and
2    (c) Such premises of any person who knowingly permits
3thereon a violation of any Section of this Article shall be
4held liable for, and may be sold to pay any unsatisfied
5judgment that may be recovered and any unsatisfied fine that
6may be levied under any Section of this Article.
7(Source: P.A. 96-34, eff. 7-13-09.)
 
8    (720 ILCS 5/28-5)  (from Ch. 38, par. 28-5)
9    Sec. 28-5. Seizure of gambling devices and gambling funds.
10    (a) Every device designed for gambling which is incapable
11of lawful use or every device used unlawfully for gambling
12shall be considered a "gambling device", and shall be subject
13to seizure, confiscation and destruction by the Department of
14State Police or by any municipal, or other local authority,
15within whose jurisdiction the same may be found. As used in
16this Section, a "gambling device" includes any slot machine,
17and includes any machine or device constructed for the
18reception of money or other thing of value and so constructed
19as to return, or to cause someone to return, on chance to the
20player thereof money, property or a right to receive money or
21property. With the exception of any device designed for
22gambling which is incapable of lawful use, no gambling device
23shall be forfeited or destroyed unless an individual with a
24property interest in said device knows of the unlawful use of
25the device.

 

 

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1    (b) Every gambling device shall be seized and forfeited to
2the county wherein such seizure occurs. Any money or other
3thing of value integrally related to acts of gambling shall be
4seized and forfeited to the county wherein such seizure occurs.
5    (c) If, within 60 days after any seizure pursuant to
6subparagraph (b) of this Section, a person having any property
7interest in the seized property is charged with an offense, the
8court which renders judgment upon such charge shall, within 30
9days after such judgment, conduct a forfeiture hearing to
10determine whether such property was a gambling device at the
11time of seizure. Such hearing shall be commenced by a written
12petition by the State, including material allegations of fact,
13the name and address of every person determined by the State to
14have any property interest in the seized property, a
15representation that written notice of the date, time and place
16of such hearing has been mailed to every such person by
17certified mail at least 10 days before such date, and a request
18for forfeiture. Every such person may appear as a party and
19present evidence at such hearing. The quantum of proof required
20shall be a preponderance of the evidence, and the burden of
21proof shall be on the State. If the court determines that the
22seized property was a gambling device at the time of seizure,
23an order of forfeiture and disposition of the seized property
24shall be entered: a gambling device shall be received by the
25State's Attorney, who shall effect its destruction, except that
26valuable parts thereof may be liquidated and the resultant

 

 

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1money shall be deposited in the general fund of the county
2wherein such seizure occurred; money and other things of value
3shall be received by the State's Attorney and, upon
4liquidation, shall be deposited in the general fund of the
5county wherein such seizure occurred. However, in the event
6that a defendant raises the defense that the seized slot
7machine is an antique slot machine described in subparagraph
8(b) (7) of Section 28-1 of this Code and therefore he is exempt
9from the charge of a gambling activity participant, the seized
10antique slot machine shall not be destroyed or otherwise
11altered until a final determination is made by the Court as to
12whether it is such an antique slot machine. Upon a final
13determination by the Court of this question in favor of the
14defendant, such slot machine shall be immediately returned to
15the defendant. Such order of forfeiture and disposition shall,
16for the purposes of appeal, be a final order and judgment in a
17civil proceeding.
18    (d) If a seizure pursuant to subparagraph (b) of this
19Section is not followed by a charge pursuant to subparagraph
20(c) of this Section, or if the prosecution of such charge is
21permanently terminated or indefinitely discontinued without
22any judgment of conviction or acquittal (1) the State's
23Attorney shall commence an in rem proceeding for the forfeiture
24and destruction of a gambling device, or for the forfeiture and
25deposit in the general fund of the county of any seized money
26or other things of value, or both, in the circuit court and (2)

 

 

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1any person having any property interest in such seized gambling
2device, money or other thing of value may commence separate
3civil proceedings in the manner provided by law.
4    (e) Any gambling device displayed for sale to a riverboat
5gambling operation or used to train occupational licensees of a
6riverboat gambling operation as authorized under the Riverboat
7Gambling Act is exempt from seizure under this Section.
8    (f) Any gambling equipment, devices and supplies provided
9by a licensed supplier in accordance with the Riverboat
10Gambling Act which are removed from the riverboat for repair
11are exempt from seizure under this Section.
12    (g) The following video gaming terminals are exempt from
13seizure under this Section:
14        (1) Video gaming terminals for sale to a licensed
15    distributor or operator under the Video Gaming Act.
16        (2) Video gaming terminals used to train licensed
17    technicians or licensed terminal handlers.
18        (3) Video gaming terminals that are removed from a
19    licensed establishment, licensed truck stop establishment,
20    licensed fraternal establishment, or licensed veterans
21    establishment for repair.
22    (h) Property seized or forfeited under this Section is
23subject to reporting under the Seizure and Forfeiture Reporting
24Act.
25    (i) Any sports lottery terminals provided by a central
26system provider that are removed from a lottery retailer for

 

 

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1repair under the Sports Wagering Act are exempt from seizure
2under this Section.
3(Source: P.A. 100-512, eff. 7-1-18.)
 
4
Article 99. Effective Date

 
5    Section 99-99. Effective date. This Act takes effect upon
6becoming law.".