Rep. Katie Stuart

Filed: 3/21/2019

 

 


 

 


 
10100HB3308ham002LRB101 10689 SMS 58073 a

1
AMENDMENT TO HOUSE BILL 3308

2    AMENDMENT NO. ______. Amend House Bill 3308 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Sports Wagering Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Adjusted gross sports wagering receipts" means a sports
8wagering licensee's gross sports wagering receipts, less
9winnings paid to wagerers in such games.
10    "Administrator" means the Administrator of the Illinois
11Gaming Board, appointed pursuant to Section 5 of the Riverboat
12Gambling Act.
13    "Board" means the Illinois Gaming Board.
14    "Collegiate sport or athletic event" means a sport or
15athletic event offered or sponsored by, or played in connection
16with, a public or private institution that offers educational

 

 

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1services beyond the secondary level.
2    "Gaming facility" means a riverboat under the Riverboat
3Gambling Act or a racetrack or inter-track wagering location
4under the Illinois Horse Racing Act of 1975.
5    "Government" means any governmental unit of a national,
6state, or local body exercising governmental functions, other
7than the United States government.
8    "Gross sports wagering receipts" means the total gross
9receipts received by a sports wagering licensee from sports
10wagering.
11    "License" means a license applied for or issued by the
12Board under this Act, including, but not limited to:
13        (1) a license to conduct sports wagering at a gaming
14    facility (sports wagering license);
15        (2) a license to conduct sports wagering through an
16    online application (online sports wagering license);
17        (3) a license to supply a sports wagering licensee with
18    sports wagering equipment or services necessary for the
19    operation of sports wagering (supplier license);
20        (4) a license to be employed by a sports wagering
21    licensee when the employee works in a designated gaming
22    area that has sports wagering or performs duties in
23    furtherance of or associated with the operation of sports
24    wagering by the sports wagering licensee (occupational
25    license); or
26        (5) a license to provide management services under a

 

 

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1    contract to a sports wagering licensee (management
2    services provider license).
3    "Official league data" means statistics, results, and
4outcomes relating to a sporting event, as well as logos,
5videos, marketing materials, and demographic information that
6have been obtained from the relevant sports governing body or
7an entity expressly authorized by the sports governing body to
8provide such information to sports wagering licensees and
9online sports wagering licensees.
10    "Online sports wagering licensee" means a person, entity,
11corporation, or limited liability company that engages in the
12business of offering, by any means, including, but not limited
13to, the Internet, a smart phone application, or other similar
14electronic or digital media or communication technologies, the
15opportunity to place sports wagers.
16    "Sports event" means a professional sport or athletic
17event, a collegiate sport or athletic event, a motor race
18event, or any other special event authorized by the Board under
19this Act.
20    "Sports governing body" means the organization that
21prescribes final rules and enforces codes of conduct with
22respect to a sports event and participants therein.
23    "Sports pool" means the business of accepting wagers on a
24sports event by a system or method of wagering.
25    "Sports wagering" means the business of accepting wagers on
26sports events and other events, the individual performance

 

 

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1statistics of athletes in a sports event or other events, or a
2combination of any of the same by any system or method of
3wagering approved by the Board, including, but not limited to,
4mobile applications and other digital platforms that utilize
5communications technology to accept wagers originating within
6this State. "Sports wagering" includes, but is not limited to,
7exchange wagering, parlays, over-under, moneyline, pools, and
8straight bets. "Sports wagering" does not include:
9        (1) pari-mutuel wagering on the outcome of horse races
10    authorized by the Illinois Horse Racing Act of 1975;
11        (2) lottery games authorized by the Illinois Lottery
12    Law;
13        (3) video gaming authorized by the Video Gaming Act;
14        (4) interactive fantasy sports authorized by the
15    Fantasy Sports Contest Act; or
16        (5) gambling games authorized by the Riverboat
17    Gambling Act.
18    "Sports wagering account" means a financial record
19established by a sports wagering licensee for an individual
20patron in which the patron may deposit and withdraw funds
21within a gaming facility for sports wagering and other
22authorized purchases and to which the sports wagering licensee
23may credit winnings or other amounts due to that patron or
24authorized by that patron.
25    "Sports wagering equipment" means any mechanical,
26electronic, or other device, mechanism, or equipment and

 

 

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1related supplies used or consumed in the operation of sports
2wagering by a sports wagering licensee, including, but not
3limited to, a kiosk installed to accept sports wagers.
4    "Sports wagering licensee" means a gaming facility
5licensed to operate a sports pool and other authorized sports
6wagering activities.
7    "Supplier" means a person that requires a supplier license
8to provide a sports wagering licensee with goods or services to
9be used in connection with the operation of sports wagering.
10    "Wager" means a sum of money or thing of value risked on an
11uncertain occurrence.
 
12    Section 10. State authorization of sports wagering.
13Notwithstanding any provision of law to the contrary, the
14operation of sports wagering and ancillary activities are only
15lawful when conducted in accordance with the provisions of this
16Act and the rules of the Board.
 
17    Section 15. Board duties and powers.
18    (a) The Board shall have the authority to regulate sports
19pools and the conduct of sports wagering under this Act.
20    (b) The Board shall examine the regulations implemented in
21other states where sports wagering is conducted and shall, as
22far as practicable, adopt a similar regulatory framework
23through adoption of rules.
24    (c) The Board has the authority to adopt any rules the

 

 

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1Board considers necessary for the successful implementation,
2administration, and enforcement of this Act. Rules proposed by
3the Board before December 1, 2019 may be adopted as emergency
4rules pursuant to Section 5-45 of the Illinois Administrative
5Procedure Act.
6    (d) Rules adopted by the Board may include, but are not
7limited to, rules governing:
8        (1) the acceptance of wagers on a sports event or a
9    series of sports events;
10        (2) maximum wagers that may be accepted by a sports
11    wagering licensee from any one patron on any one sports
12    event;
13        (3) type of wagering tickets that may be used;
14        (4) the method of issuing tickets;
15        (5) the method of accounting to be used by sports
16    wagering licensees;
17        (6) types of records which shall be kept;
18        (7) the type of system for sports wagering;
19        (8) protections for patrons placing wagers; and
20        (9) the promotion of social responsibility and
21    responsible gaming.
22    (e) The Board shall establish minimum internal control
23standards and approve minimum internal control standards
24proposed by sports wagering licensees for the administration of
25sports wagering operations, sports wagering equipment and
26systems, or other items used to conduct sports wagering, as

 

 

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1well as maintenance of financial records and other required
2records.
3    (f) For the examination of all mechanical,
4electromechanical, or electronic wagering equipment,
5associated equipment, and accounting systems for compliance
6with this Act, the Board may utilize the services of one or
7more independent outside testing laboratories that have been
8accredited by an international accreditation body and that, in
9the judgment of the Board, are qualified to perform the
10examinations.
11    (g) The Board shall adopt technical standards governing all
12equipment, systems, and software critical for ensuring the
13integrity of the wagering authorized by this Act within 180
14days following the effective date of this Act. Until the Board
15adopts such technical standards, the Board shall utilize a
16technical standard from an independent testing laboratory that
17is accredited by the International Organization for
18Standardization and whose standards for any category of
19regulated gaming equipment are recognized in 10 or more
20jurisdictions.
21    (h) The Board shall determine the eligibility of a person
22to hold or continue to hold a license, shall issue all
23licenses, and shall maintain a record of all licenses issued
24under this Act. The Board may accept applications, evaluate
25qualifications of applicants, and undertake initial review of
26licenses before adoption of emergency rules upon the effective

 

 

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1date of this Act.
2    (i) The Board shall levy and collect all fees, surcharges,
3civil penalties, and weekly tax on adjusted gross sports
4wagering receipts imposed by this Act and deposit all moneys
5into the Sports Wagering Fund, except as otherwise provided
6under this Act.
7    (j) The Board may exercise any other powers necessary to
8effectuate the provisions of this Act and the rules of the
9Board.
 
10    Section 20. Licenses required.
11    (a) No person may engage in any activity in connection with
12sports wagering in this State unless all necessary licenses
13have been obtained in accordance with this Act and the rules of
14the Board. The following licenses shall be issued pursuant to
15this Act:
16        (1) sports wagering license;
17        (2) online sports wagering license;
18        (3) supplier license;
19        (4) management services provider license; and
20        (5) occupational license.
21    No person or entity may engage in a sports wagering
22operation or activity without first obtaining the appropriate
23license.
24    (b) The Board may not grant a license until it determines
25that each person who has control of the applicant meets all

 

 

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1qualifications for licensure. The following persons are
2considered to have control of an applicant:
3        (1) each person associated with a corporate applicant,
4    including a corporate holding company, parent company, or
5    subsidiary company of the applicant who has the ability to
6    control the activities of the corporate applicant or elect
7    a majority of the board of directors of that corporation;
8    this does not include a bank or other licensed lending
9    institution that holds a mortgage or other lien acquired in
10    the ordinary course of business;
11        (2) each person associated with a non-corporate
12    applicant who directly or indirectly holds a beneficial or
13    proprietary interest in the applicant's business operation
14    or who the Board otherwise determines has the ability to
15    control the applicant; and
16        (3) key personnel of an applicant, including an
17    executive, employee, or agent, having the power to exercise
18    significant influence over decisions concerning any part
19    of the applicant's business operation.
20    (c) An applicant for a license issued under this Act shall
21submit an application to the Board in the form the Board
22requires and submit fingerprints for a national criminal
23records check by the Department of State Police and the Federal
24Bureau of Investigation. The fingerprints shall be furnished by
25all persons required to be named in the application and shall
26be accompanied by a signed authorization for the release of

 

 

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1information by the Federal Bureau of Investigation. The Board
2may require additional background checks on licensees when they
3apply for annual license renewal, and an applicant convicted of
4a disqualifying offense shall not be licensed.
5    (d) Each sports wagering licensee, licensed supplier, or
6licensed management services provider shall display the
7license conspicuously in the licensee's place of business or
8have the license available for inspection by an agent of the
9Board or a law enforcement agency.
10    (e) Each holder of an occupational license shall carry the
11license and have some indicia of licensure prominently
12displayed on his or her person when present in a gaming
13facility licensed under this Act at all times, in accordance
14with the rules of the Board.
15    (f) Each person licensed under this Act shall give the
16Board written notice within 30 days after a change to
17information provided in the licensee's application for a
18license or renewal.
19    (g) No Board employee may be an applicant for a license
20issued under this Act, nor may an employee of a licensee
21directly or indirectly hold an ownership or a financial
22interest in a sports wagering license.
 
23    Section 25. Initial license and renewal requirements for
24sports wagering licenses obtained by an organization licensee.
25    (a) No sports wagering license may be awarded to or renewed

 

 

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

 

 

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1        reduction and elimination achieved as agreed either
2        through reimbursement or non-acceptance.
3        (4) The entity may not receive any proceeds from
4    adjusted sports wagering receipts during any period that
5    adjusted sports wagering receipts are not being deposited
6    into the purse accounts as provided in the signed contract
7    with the applicable horsemen association.
8    (b) The Board shall study the viability and benefit of
9providing a sports wagering license to the horsemen association
10representing the largest number of owners, training jockeys, or
11standardbred drivers who race horses at an organization
12licensee's racing meetings and shall prepare a report for the
13General Assembly and the Governor no later than 12 months after
14the effective date of this Act. The report to the General
15Assembly shall be filed with the Clerk of the House of
16Representatives and the Secretary of the Senate in electronic
17form only, in the manner that the Clerk and the Secretary shall
18direct.
 
19    Section 30. Sports wagering license; requirements.
20    (a) A gaming facility may operate sports wagering upon the
21approval of the Board, and the Board shall have the general
22responsibility for the implementation of this Act and rules
23adopted under this Act.
24    (b) A sports wagering license granted by the Board pursuant
25to this Act grants a sports wagering licensee lawful authority

 

 

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1to conduct sports wagering within the terms and conditions of
2the license and any rules adopted under this Act.
3    (c) The Board may issue sports wagering licenses in
4accordance with the provisions of this Act.
5    (d) Upon application by a gaming facility and payment of a
6$10,000,000 application fee, the Board shall grant a sports
7wagering license to a gaming facility, provided that the
8applicant holds a valid organization license issued by the
9Illinois Racing Board pursuant to the Illinois Horse Racing Act
10of 1975 or a valid owners license issued by the Board pursuant
11to the Riverboat Gambling Act, and otherwise meets the
12requirements for licensure under the provisions of this Act and
13the rules of the Board. The application fee may be prorated so
14that the renewal date of the organization licensee's or owners
15licensee's sports wagering license aligns with the renewal date
16of its license under the appropriate Act. The sports wagering
17license shall be issued for a 4-year period and may be renewed
18for 4-year periods upon payment of a $500,000 renewal fee as
19long as the gaming facility continues to meet all qualification
20requirements.
21    (e) An inter-track wagering location licensee is
22authorized to conduct sports wagering if the organization
23licensee it derives its license from is issued a sports
24wagering license.
25    (f) A sports wagering license authorizes the operation of
26sports wagering at locations and through a mobile application

 

 

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1or other digital platforms approved by the Board.
2    (g) The following apply to management service contracts:
3        (1) A sports wagering licensee may not enter into a
4    management services contract that would permit any person
5    other than the sports wagering licensee to act as the
6    Board's agent in operating sports wagering unless the
7    management service contract: (A) is with a person licensed
8    under this Act to provide management services; (B) is in
9    writing; and (C) has been approved by the Board.
10        (2) The sports wagering licensee shall submit a
11    material change in a management services contract,
12    previously approved by the Board, to the Board for its
13    approval or rejection before the material change may take
14    effect.
15        (3) The duties and responsibilities of a management
16    services provider under a management services contract may
17    not be assigned, delegated, subcontracted, or transferred
18    to a third party without the prior approval of the Board. A
19    third party must be licensed as a management services
20    provider under this Act before providing services.
21    (h) A sports wagering licensee shall submit to the Board
22documentation or information as the Board may require
23demonstrating to the satisfaction of the Administrator that the
24licensee continues to meet the requirements of this Act and the
25rules adopted under this Act. Required documentation or
26information shall be submitted no later than 4 years after

 

 

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1issuance of a sports wagering license and every 4 years
2thereafter or within lesser periods based on circumstances
3specified by the Board.
4    (i) If the sports wagering licensee fails to apply to renew
5its license issued before expiration, the Board shall renew its
6license under this Act at the time the expired license is
7renewed as long as the sports wagering licensee was operating
8in compliance with applicable requirements in the preceding
9license year.
10    (j) Upon application for a sports wagering license and
11annually thereafter, a sports wagering licensee shall submit to
12the Board an annual audit of the financial transactions and
13condition of the sports wagering licensee's total operations
14prepared by a certified public accountant in accordance with
15generally accepted accounting principles and applicable
16federal and State laws.
17    (k) A sports wagering licensee shall provide suitable
18office space at the sports wagering facility, at no cost, for
19the Board to perform the duties required of it by this Act and
20the rules of the Board.
21    (l) A sports wagering licensee shall demonstrate that its
22wagering will: (1) be accessible to disabled individuals, in
23accordance with applicable federal and State laws; (2) be
24licensed in accordance with this Act and all other applicable
25federal, State, and local laws; and (3) meet any other
26qualifications specified in rules adopted by the Board.
 

 

 

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1    Section 35. Online sports wagering license; requirements.
2    (a) The Board shall issue up to 10 online sports wagering
3licenses to any person, firm, corporation, limited liability
4company, or partnership that enters into a contractual
5agreement with a sports wagering licensee to offer sports
6wagering within the physical confines of a gaming facility and
7meets all of the following criteria:
8        (1) has filed with the Board certified copies of all
9    the applicant's organic business documents, as applicable,
10    such as articles of incorporation and bylaws, articles of
11    organization, partnership or member agreements,
12    shareholder agreements and limited liability company
13    management agreements, as well as the entity's Federal
14    Employer Identification Number;
15        (2) has filed with the Board the names, addresses, and
16    business activity of all businesses in which applicant has
17    held an ownership interest during the past 10 years;
18        (3) has passed a full criminal background check,
19    through a formal process established by the Board, of all
20    principals. The Board shall ensure that all criminal
21    background checks are conducted promptly upon filing of an
22    application and fee, and that the background check will be
23    completed within 90 days;
24        (4) has financial reserves of no less than $5,000,000
25    in liquid assets at the time of initial licensing. Proof of

 

 

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1    financial reserves must be provided to the Board in the
2    form of a signed statement from an Illinois licensed
3    certified public accountant, dated within 30 calendar days
4    of the date of the filing of the application, attesting
5    that the applicant has such funds under its control;
6        (5) has filed with the Board proof of all insurance
7    coverage required by law, including workers' compensation
8    and liability insurance, with liability coverages of no
9    less than $2,000,000, and with full indemnification for the
10    State of Illinois and its employees;
11        (6) has filed with the Board a signed notarized
12    statement certifying that no prospective principal officer
13    or board member has been convicted of an excluded offense
14    in any state or country, that the applicant will register
15    with the Illinois Department of Revenue upon licensing,
16    that all information provided to the Board is complete and
17    accurate, that it has actual notice of all State laws that
18    pertain to operating a legal sports wagering business in
19    Illinois, and that all of applicant's principal officers
20    and vendors expressly agree to be subject to service of
21    process in Illinois with a current Illinois address on file
22    with the Board; and
23        (7) has posted with the Board a surety bond of
24    $1,000,000, issued by an insurance company authorized to
25    transact fidelity and surety business in the State of
26    Illinois; the bond shall be used to guarantee that the

 

 

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1    licensee faithfully makes the payments, keeps books and
2    records, makes reports, and conducts sports wagering
3    operations in conformity with this Act.
4    (b) The Board shall not issue an online sports wagering
5license to an applicant whose background check reveals the
6applicant seeking the online sports wagering license, or any
7principal officer or board member of the entity seeking the
8online sports wagering license, has been convicted, fined, or
9censured or has had a registration or license suspended or
10revoked in an administrative or judicial proceeding.
11    (c) All information, records, interviews, reports,
12statements, memoranda, or other data supplied to or used by the
13Board in the course of its review or investigation of an
14application for an online sports wagering license or a renewal
15under this Act is subject to Section 5.1 of the Riverboat
16Gambling Act.
17    (d) Any person, association, corporation, partnership, or
18entity who (i) knowingly makes materially false statements in
19order to obtain an online sports wagering license; (ii)
20knowingly advertises within the State of Illinois any game,
21product, or feature that is not authorized by his or her
22license; or (iii) violates any other provision of this Act or
23any rule adopted under this Act is guilty of a Class B
24misdemeanor for the first violation and is guilty of a Class A
25misdemeanor for a second or subsequent violation. In the case
26of an association, corporation, partnership, or entity,

 

 

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1imprisonment may be imposed upon its officers who knowingly
2participated in the violation.
3    (e) An online sports wagering license issued under this Act
4shall be valid for a period of 4 years after the date of
5issuance and shall be renewable thereafter for an additional 4
6years upon payment of a $500,000 renewal fee based on a
7determination by the Board that the online sports wagering
8licensee continues to meet all requirements of this Act and the
9Board's rules. Notwithstanding any other law to the contrary,
10any assignment or transfer of an interest in an online sports
11wagering license, or a greater than 10% interest, direct or
12indirect, in any entity holding an online sports wagering
13license, is subject to the written approval by the Board.
14Approved transferees are subject to a nonrefundable
15application fee, the amount of which shall be determined by the
16Board by rule.
 
17    Section 40. Management services provider license;
18requirements.
19    (a) The holder of a sports wagering license may contract
20with an entity to conduct that operation in accordance with the
21rules of the Board. The license shall be issued pursuant to the
22provisions of this Act and any rules adopted by the Board.
23    (b) Each applicant for a management services provider
24license shall meet all requirements for licensure and pay a
25nonrefundable license and application fee of $250,000. The

 

 

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1Board may adopt rules establishing additional requirements for
2an authorized management services provider. The Board may
3accept licensing by another jurisdiction that it specifically
4determines to have similar licensing requirements as evidence
5the applicant meets authorized management services provider
6licensing requirements.
7    (c) Management services provider licenses shall be renewed
8annually to a licensee who continues to be in compliance with
9all requirements and who pays the annual renewal fee of
10$250,000.
11    (d) An entity or individual who shares in revenue,
12including an affiliate operating under a revenue share
13agreement, shall be licensed under this Section.
 
14    Section 45. Supplier license; requirements.
15    (a) The Board may issue a supplier license to a person to
16sell or lease sports wagering equipment, systems, or other
17gaming items necessary to conduct sports wagering, and offer
18services related to the equipment or other gaming items to a
19sports wagering licensee while the license is active. The Board
20may establish the conditions under which the Board may issue
21provisional licenses, pending completion of final action on an
22application.
23    (b) The Board may adopt rules establishing additional
24requirements for a supplier and any system or other equipment
25utilized for sports wagering. The Board may accept licensing by

 

 

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1another jurisdiction that it specifically determines to have
2similar licensing requirements as evidence the applicant meets
3supplier licensing requirements.
4    (c) An applicant for a supplier license shall demonstrate
5that the equipment, system, or services that the applicant
6plans to offer to the sports wagering licensee conforms to
7standards established by the Board and applicable State law.
8The Board may accept approval by another jurisdiction that it
9specifically determines have similar equipment standards as
10evidence the applicant meets the standards established by the
11Board and applicable State law.
12    (d) Applicants shall pay to the Board a nonrefundable
13license and application fee in the amount of $100,000. After
14the initial one-year term, the Board shall renew supplier
15licenses annually thereafter. Renewal of a supplier license
16shall be granted to a renewal applicant who has continued to
17comply with all applicable statutory and regulatory
18requirements, upon submission of the Board-issued renewal form
19and payment of a $100,000 renewal fee.
20    (e) A supplier shall submit to the Board a list of all
21sports wagering equipment and services sold, delivered to, or
22offered to a sports wagering licensee in this State, as
23required by the Board, all of which must be tested and approved
24by an independent testing laboratory approved by the Board. A
25sports wagering licensee may continue to use supplies acquired
26from a licensed supplier, even if a supplier's supplier license

 

 

10100HB3308ham002- 22 -LRB101 10689 SMS 58073 a

1expires or is otherwise canceled, unless the Board finds a
2defect in the supplies.
 
3    Section 50. Occupational license; requirements.
4    (a) All persons employed to be engaged directly in sports
5wagering-related activities, or otherwise conducting or
6operating sports wagering, shall be licensed by the Board and
7maintain a valid occupational license at all times, and the
8Board shall issue the license to be employed in the operation
9of sports wagering to a person who meets the requirements of
10this Section.
11    (b) An occupational license to be employed by a gaming
12facility authorized to conduct sports wagering permits the
13licensee to be employed in the capacity designated by the Board
14while the license is still active. The Board may establish, by
15rule, job classifications with different requirements to
16recognize the extent to which a particular job has the ability
17to impact the proper operation of sports wagering.
18    (c) Applicants shall submit any required application forms
19established by the Board and pay a nonrefundable application
20fee of $100. The fee may be paid on behalf of an applicant by
21the employer.
22    (d) Each licensed employee shall pay to the Board an annual
23license fee of $100 by June 30 of each year. The fee may be paid
24on behalf of the licensed employee by the employer. In addition
25to a renewal fee, each licensed employee shall annually submit

 

 

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1a renewal application on the form required by the Board.
 
2    Section 55. License prohibitions.
3    (a) The Board may not grant a license pursuant to the
4provisions of this Act if evidence satisfactory to the Board
5exists that the applicant:
6        (1) has knowingly made a false statement of a material
7    fact to the Board;
8        (2) has been suspended from operating a gambling game,
9    gaming device, or gaming operation or had a license revoked
10    by a governmental authority responsible for regulating
11    gaming activities; or
12        (3) has been convicted of a crime of moral turpitude, a
13    gambling-related offense, a theft or fraud offense, or has
14    otherwise demonstrated, either by a police record or other
15    satisfactory evidence, a lack of respect for law and order.
16    (b) The Board may deny a license to an applicant, reprimand
17a licensee, or suspend or revoke a license if the applicant or
18licensee:
19        (1) has not demonstrated to the satisfaction of the
20    Board financial responsibility sufficient to adequately
21    meet the requirements of the proposed enterprise;
22        (2) is not the true owner of the business or is not the
23    sole owner and has not disclosed the existence or identity
24    of other persons who have an ownership interest in the
25    business; or

 

 

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1        (3) is a corporation that sells more than 5% of a
2    licensee's voting stock or more than 5% of the voting stock
3    of a corporation that controls the licensee or sells a
4    licensee's assets, other than those bought and sold in the
5    ordinary course of business, or any interest in the assets,
6    to a person not already determined by the Board to have met
7    the qualifications of a licensee under this Act.
8    (c) In the case of an applicant for a sports wagering
9license, the Board may deny a license to an applicant,
10reprimand a licensee, or suspend or revoke a license if an
11applicant has not met the requirements of this Section or any
12other provision of this Act.
 
13    Section 60. Sports wagering house rules; posting of rules.
14    (a) Each sports wagering licensee shall adopt
15comprehensive house rules for game play governing sports
16wagering transactions with its patrons. These comprehensive
17rules shall be published as part of the minimum internal
18control standards. The rules shall specify the amounts to be
19paid on winning wagers and the effect of schedule changes.
20House rules shall be approved by the Board before
21implementation.
22    (b) The house rules, together with any other information
23the Board deems appropriate, shall be conspicuously displayed
24and included in the terms and conditions of the sports wagering
25system. Copies shall be made readily available to patrons.
 

 

 

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1    Section 65. Sports wagering licensee duties; sports
2wagering at a gaming facility.
3    (a) Sports wagering licensees shall:
4        (1) employ a monitoring system utilizing software to
5    identify non-normal irregularities in volume or odds
6    swings that could signal suspicious activities that should
7    require further investigation that shall be immediately
8    reported and investigated by the Board; system
9    requirements and specifications shall be developed
10    according to industry standards and implemented by the
11    Board as part of the minimum internal control standards;
12        (2) promptly report to the Board any facts or
13    circumstances related to the operation of a sports wagering
14    licensee that constitute a violation of State or federal
15    law and immediately report any suspicious betting over a
16    threshold set by the sports wagering licensee that has been
17    approved by the Board to the appropriate State or federal
18    authorities;
19        (3) conduct all sports wagering activities and
20    functions in a manner that does not pose a threat to the
21    public health, safety, or welfare of the citizens of this
22    State;
23        (4) hold the Board and this State harmless from and
24    defend and pay for the defense of any and all claims that
25    may be asserted against a licensee, the Board, this State,

 

 

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1    or employees thereof, arising from the licensee's actions
2    or omission while acting as an agent of the Board operating
3    sports wagering pursuant to this Act;
4        (5) assist the Board in maximizing sports wagering
5    revenues; and
6        (6) keep current in all payments and obligations to the
7    Board.
8    (b) All sports wagering licensees shall:
9        (1) acquire sports wagering equipment by purchase,
10    lease, or other assignment from licensed suppliers and
11    provide a secure location for the placement, operation, and
12    play of sports wagering equipment;
13        (2) prevent a person from tampering with or interfering
14    with the operation of sports wagering;
15        (3) ensure that sports wagering conducted at a gaming
16    facility is within the sight and control of designated
17    employees of the licensee and the sports wagering at the
18    facility or otherwise available by the licensee is
19    conducted under continuous observation by security
20    equipment in conformity with specifications and
21    requirements of the Board;
22        (4) ensure that sports wagering occurs only in the
23    specific locations within designated gaming areas approved
24    by the Board or using a Board-approved mobile application
25    or other digital platform that utilizes communications
26    technology to accept wagers originating within this State

 

 

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1    or on a sports wagering device; sports wagering shall only
2    be relocated or offered in additional authorized manners in
3    accordance with the rules of the Board;
4        (5) maintain sufficient cash and other supplies to
5    conduct sports wagering at all times; and
6        (6) maintain daily records showing the gross sports
7    wagering receipts and adjusted gross sports wagering
8    receipts of the licensee from sports wagering and timely
9    file with the Board any additional reports required by rule
10    or by other provisions of this Act.
 
11    Section 70. Posting of betting limits. A sports wagering
12licensee shall conspicuously post a sign at each sports
13wagering location indicating the minimum and maximum wagers
14permitted at that location and shall comply with the same.
 
15    Section 75. Compulsive gambling. Each online sports
16wagering licensee shall include a statement regarding
17obtaining assistance with gambling problems, the text of which
18shall be determined by rule by the Department of Human
19Services, on the online sports wagering licensee's online
20application.
 
21    Section 80. Authorization of sports wagering;
22requirements.
23    (a) A person placing a wager with a sports wagering

 

 

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1licensee or online sports wagering licensee shall be at least
221 years of age.
3    (b) A patron must deposit funds into and withdraw funds
4from a sports wagering account within a gaming facility.
5    (c) The Board or a sports wagering licensee may ban a
6person from entering a gaming area of a gaming facility
7conducting sports wagering or the grounds of a gaming facility
8licensed under this Act or from participating in the play or
9operation of sports wagering. A log of all excluded players
10shall be kept by the Board and each licensee, and no player on
11the Board's exclusion list or the sports wagering licensee's
12exclusion list shall wager on sports wagering under this Act.
13    (d) No Board employee may knowingly wager or be paid a
14prize from a wager placed at a gaming facility licensed under
15this Act within this State or at any facility outside this
16jurisdiction that is directly or indirectly owned or operated
17by a sports wagering licensee.
 
18    Section 85. Recordkeeping; information sharing.
19    (a) Sports wagering licensees and online sports wagering
20licensees shall maintain records of all bets and wagers placed,
21including personally identifiable information of the bettor,
22amount and type of bet, time the bet was placed, location of
23the bet, the outcome of the bet, records of abnormal betting
24activity, and video camera recordings in the case of in-person
25wagers for at least 3 years after the sporting event occurs and

 

 

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1make the data available for inspection upon request of the
2Board or as required by a court order.
3    (b) If a sports governing body has notified the Board that
4real-time information sharing for wagers placed on its sporting
5events is necessary and desirable, sports wagering licensees
6and online sports wagering licensees shall share in real time
7the information required to be retained pursuant to this
8Section (other than video files) with the sports governing body
9or its designee respecting wagers on its sporting events.
10    (c) If the Board adopts rules requiring a royalty, a sports
11wagering licensee or online sports wagering licensee shall
12remit to a sports governing body that has provided notice to
13the Board pursuant to subsection (b) a royalty of 0.20% of the
14amount wagered on its sporting events. The sports wagering
15licensee or online sports wagering licensee shall remit the
16royalty only after the sports governing body has provided the
17sports wagering licensee or online sports wagering licensee
18access to official league data. The sports wagering licensee or
19online sports wagering licensee shall remit royalties to the
20sports governing body at least once per calendar quarter.
21    (d) The Board shall cooperate with a sports governing body
22and licensees to ensure the timely, efficient, and accurate
23sharing of information and the remittance of proceedings of the
24royalty to the sports governing body.
25    (e) A sports wagering licensee or online sports wagering
26licensee is prohibited from entering into an independent

 

 

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1contractual relationship with a sports governing body for
2access to official league data.
 
3    Section 90. Sports wagering revenues; accounting for the
4State's share of revenue imposed for the privilege of offering
5sports wagering.
6    (a) For the privilege of holding a license to operate
7sports wagering under this Act, this State shall impose and
8collect 15% of the sports wagering licensee's adjusted gross
9sports wagering receipts. The accrual method of accounting
10shall be used for purposes of calculating the amount of the tax
11owed by the licensee.
12    (b) For the privilege of holding a license to operate
13sports wagering under this Act, this State shall impose and
14collect 15% of the online sports wagering licensee's adjusted
15gross sports wagering receipts. The accrual method of
16accounting shall be used for purposes of calculating the amount
17of the tax owed by the licensee.
18    (c) The calculation of gross sports wagering receipts or
19adjusted gross sports wagering receipts, for the purposes of
20this Section, shall not include the dollar amount of
21non-cashable vouchers, coupons, and electronic promotions
22redeemed by wagerers up to and including an amount not to
23exceed 10% of a sports wagering licensee's or online sports
24wagering licensee's adjusted gross sports wagering receipts.
25    The Board shall submit to the General Assembly a

 

 

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1comprehensive report no later than March 31, 2021 detailing, at
2a minimum, the effect of removing non-cashable vouchers,
3coupons, and electronic promotions from this calculation on net
4gaming revenues to the State in calendar years 2018 through
52020, the increase or reduction in wagerers as a result of
6removing non-cashable vouchers, coupons, and electronic
7promotions from this calculation, the effect of the tax rates
8in subsections (a) and (b) on net gaming revenues to the State,
9and proposed modifications to the calculation.
10    (d) The taxes levied and collected pursuant to subsections
11(a) and (b) are due and payable to the Board in weekly
12installments on or before the Wednesday following the calendar
13week in which the adjusted gross sports wagering receipts were
14received and the tax obligation was accrued.
15    (e) The sports wagering licensee or online sports wagering
16licensee shall complete and submit the return for the preceding
17week by electronic communication to the Board, on or before
18Wednesday of each week, in the form prescribed by the Board
19that provides:
20        (1) the total gross sports wagering receipts and
21    adjusted gross sports wagering receipts from operation of
22    sports wagering during that week;
23        (2) the tax amount for which the sports wagering
24    licensee or online sports wagering licensee is liable; and
25        (3) any additional information necessary in the
26    computation and collection of the tax on adjusted gross

 

 

10100HB3308ham002- 32 -LRB101 10689 SMS 58073 a

1    sports wagering receipts required by the Board.
2    (f) The tax amount shown to be due shall be remitted by
3electronic funds transfer simultaneously with the filing of the
4return. All moneys received by the Board pursuant to this
5Section shall be deposited into the Sports Wagering Fund in
6accordance with the provisions of this Act.
 
7    Section 95. Sports Wagering Fund; distribution of funds.
8    (a) The Sports Wagering Fund is hereby created as a special
9fund in the State treasury and all moneys collected under this
10Act by the Board shall be deposited with the State Treasurer to
11the Sports Wagering Fund. The Fund shall be an interest-bearing
12account with all interest or other return earned on the money
13of the Fund credited to and deposited into the Fund. All
14expenses of the Board incurred in the administration and
15enforcement of this Act shall be paid from the Fund pursuant to
16subsection (b).
17    (b) The Board shall deduct an amount sufficient to
18reimburse its actual costs and expenses incurred in
19administering sports wagering at licensed gaming facilities
20from the gross deposits into the Sports Wagering Fund.
21    (c) The Board shall retain up to 15% of gross deposits for
22the Fund operation and its administrative expenses. If the
23percentage allotted for operations and administration
24generates a surplus, the surplus shall be allowed to accumulate
25but may not exceed $250,000. The amount remaining after the

 

 

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1deduction for administrative expenses is the net profit. In
2each fiscal year, the net profit shall be deposited in equal
3amounts to the State Construction Account Fund, the Pension
4Stabilization Fund, and the Common School Fund.
 
5    Section 100. Law enforcement. Notwithstanding any
6provision of law to the contrary, the Board shall, by contract
7or cooperative agreement with the Department of State Police,
8arrange for those law enforcement services uniquely related to
9gaming, as such occurs at facilities of the type authorized by
10this Act, that are necessary to enforce the provisions of this
11Act that are not subject to federal jurisdiction. However, the
12Department of State Police shall only have exclusive
13jurisdiction over offenses committed on the grounds of a gaming
14facility licensed under this Act that are offenses relating to
15gaming.
 
16    Section 105. Civil penalties. The Board may impose on any
17person who violates the provisions of this Act a civil penalty
18not to exceed $50,000 for each violation. The penalty shall be
19imposed on all individuals and is not limited to individuals
20licensed under this Act. This provision shall not be construed
21as applicable to office pools.
 
22    Section 110. Crimes and penalties related to unauthorized
23sports wagering operations.

 

 

10100HB3308ham002- 34 -LRB101 10689 SMS 58073 a

1    (a) Any person, other than a licensee under this Act, who
2engages in accepting, facilitating, or operating a sports
3wagering operation is guilty of a Class A misdemeanor with the
4applicable fines and confinement.
5    (b) Notwithstanding the penalty provisions of subsection
6(a), a person convicted of a second violation of subsection (a)
7is guilty of a Class A misdemeanor with the applicable fines
8and confinement.
9    (c) Notwithstanding the penalty provisions of subsection
10(a) or (b), a person convicted of a third or subsequent
11violation of subsection (a) is guilty of a Class 4 felony with
12the applicable fines and confinement.
 
13    Section 115. Crimes and penalties related to authorized
14sports wagering operation.
15    (a) A sports wagering licensee is guilty of unlawful
16operation and is guilty of a Class A misdemeanor if:
17        (1) the licensee operates sports wagering without
18    authority of the Board to do so;
19        (2) the licensee operates sports wagering in a location
20    or by a manner that is not approved by the Board;
21        (3) the licensee knowingly conducts, carries on,
22    operates, or allows sports wagering to occur on premises or
23    through any other device if equipment or material has been
24    tampered with or exposed to conditions in which it will be
25    operated in a manner designed to deceive the public;

 

 

10100HB3308ham002- 35 -LRB101 10689 SMS 58073 a

1        (4) the licensee employs an individual who does not
2    hold a valid occupational license in a position for which a
3    license is required or otherwise allows an individual to
4    perform duties for which a license is required or continues
5    to employ an individual after the employee's occupational
6    license is no longer valid;
7        (5) the licensee acts or employs another person to act
8    as if he or she is not an agent or employee of the licensee
9    in order to encourage participation in sports wagering at
10    the gaming facility licensed under this Act;
11        (6) the licensee knowingly permits an individual under
12    the age of 21 to enter or remain in a designated gaming
13    area or to engage in sports wagering at a licensed gaming
14    facility; or
15        (7) the licensee exchanges tokens, chips, electronic
16    media, or other forms of credit used for sports wagering
17    for anything of value except money or credits applied to a
18    sports wagering account at a gaming facility licensed under
19    this Act.
20    (b) A person is guilty of a felony if:
21        (1) a person offers, promises, or gives anything of
22    value to anyone for the purpose of influencing the outcome
23    of a race, sports event, contest, or game upon which a
24    wager may be made or a person places, increases, or
25    decreases a wager after acquiring knowledge, not available
26    to the general public, that anyone has been offered,

 

 

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1    promised, or given anything of value for the purpose of
2    influencing the outcome of the race, sports event, contest,
3    or game upon which the wager is placed, increased, or
4    decreased or attempts to do any of the same;
5        (2) a person changes or alters the normal outcome of a
6    game played on a mobile or other digital platform,
7    including an interactive gaming system used to monitor the
8    same or the way in which the outcome is reported to a
9    participant in the game;
10        (3) the person manufactures, sells, or distributes a
11    device that is intended by that person to be used to
12    violate any provision of this Act or the sports wagering
13    laws of any other state;
14        (4) the person places a bet or aids any other
15    individual in placing a bet on a sports event or other
16    sports wagering game or offering authorized under this Act
17    after unlawfully acquiring knowledge of the outcome on
18    which winnings from that bet are contingent;
19        (5) the person claims, collects, or takes anything of
20    value from a wagering with intent to defraud or attempts
21    such action without having made a wager in which the amount
22    or value is legitimately won or owed;
23        (6) the person knowingly places a wager using
24    counterfeit currency or other counterfeit form of credit
25    for sports wagering at a wagering; or
26        (7) the person, not a sports wagering licensee or an

 

 

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1    employee or agent of a sports wagering licensee acting in
2    furtherance of the sports wagering licensee's interest,
3    has in his or her possession on grounds owned by the gaming
4    facility licensed under this Act or on grounds contiguous
5    to the gaming facility licensed under this Act, any device
6    intended to be used to violate a provision of this Act or
7    any rule of the Board.
8    (c) A person who violates a provision of subsection (a) is
9guilty of a Class A misdemeanor and, upon conviction thereof,
10shall be fined not more than $1,000 or confined in jail for not
11more than 6 months, or both fined and confined, except any
12violation that is not committed by a natural person may result
13in a fine of not more than $25,000.
14    (d) A person who violates a provision of subsection (b) is
15guilty of a Class 4 felony and, upon conviction thereof, shall
16be fined not less than $5,000 nor more than $10,000 or confined
17in a State correctional facility for not less than one year nor
18more than 5 years, or both fined and confined.
19    (e) With regard to subsection (a), each sports wagering
20licensee shall post notice of the prohibitions and penalties of
21this Section in a manner determined by the rules of the Board.
 
22    Section 120. Home rule. The regulation of sports wagering
23is an exclusive power and function of the State. A home rule
24unit may not regulate sports wagering. This Section is a denial
25and limitation of home rule powers and functions under

 

 

10100HB3308ham002- 38 -LRB101 10689 SMS 58073 a

1subsection (h) of Section 6 of Article VII of the Illinois
2Constitution.
 
3    Section 125. Exemption from federal law. Pursuant to
4Section 2 of Chapter 1194, 64 Stat. 1134, 15 U.S.C. 1172,
5approved January 2, 1951, the State of Illinois, acting by and
6through duly elected and qualified members of the General
7Assembly, declares and proclaims that this State is exempt from
8Chapter 1194, 64 Stat. 1134, 15 U.S.C. 1171-1178.
 
9    Section 130. Shipment of gambling devices. All shipments of
10gambling devices, including sports wagering devices or related
11materials, to licensed gaming facilities in this State are
12legal shipments of gambling devices into the State of Illinois,
13as long as the registering, recording, and labeling of which
14have been completed by the supplier thereof in accordance with
15Chapter 1194, 64 Stat. 1134, 15 U.S.C. 1171-1178.
 
16    Section 900. The Illinois Administrative Procedure Act is
17amended by changing Section 5-45 as follows:
 
18    (5 ILCS 100/5-45)  (from Ch. 127, par. 1005-45)
19    Sec. 5-45. Emergency rulemaking.
20    (a) "Emergency" means the existence of any situation that
21any agency finds reasonably constitutes a threat to the public
22interest, safety, or welfare.

 

 

10100HB3308ham002- 39 -LRB101 10689 SMS 58073 a

1    (b) If any agency finds that an emergency exists that
2requires adoption of a rule upon fewer days than is required by
3Section 5-40 and states in writing its reasons for that
4finding, the agency may adopt an emergency rule without prior
5notice or hearing upon filing a notice of emergency rulemaking
6with the Secretary of State under Section 5-70. The notice
7shall include the text of the emergency rule and shall be
8published in the Illinois Register. Consent orders or other
9court orders adopting settlements negotiated by an agency may
10be adopted under this Section. Subject to applicable
11constitutional or statutory provisions, an emergency rule
12becomes effective immediately upon filing under Section 5-65 or
13at a stated date less than 10 days thereafter. The agency's
14finding and a statement of the specific reasons for the finding
15shall be filed with the rule. The agency shall take reasonable
16and appropriate measures to make emergency rules known to the
17persons who may be affected by them.
18    (c) An emergency rule may be effective for a period of not
19longer than 150 days, but the agency's authority to adopt an
20identical rule under Section 5-40 is not precluded. No
21emergency rule may be adopted more than once in any 24-month
22period, except that this limitation on the number of emergency
23rules that may be adopted in a 24-month period does not apply
24to (i) emergency rules that make additions to and deletions
25from the Drug Manual under Section 5-5.16 of the Illinois
26Public Aid Code or the generic drug formulary under Section

 

 

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13.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
2emergency rules adopted by the Pollution Control Board before
3July 1, 1997 to implement portions of the Livestock Management
4Facilities Act, (iii) emergency rules adopted by the Illinois
5Department of Public Health under subsections (a) through (i)
6of Section 2 of the Department of Public Health Act when
7necessary to protect the public's health, (iv) emergency rules
8adopted pursuant to subsection (n) of this Section, (v)
9emergency rules adopted pursuant to subsection (o) of this
10Section, or (vi) emergency rules adopted pursuant to subsection
11(c-5) of this Section. Two or more emergency rules having
12substantially the same purpose and effect shall be deemed to be
13a single rule for purposes of this Section.
14    (c-5) To facilitate the maintenance of the program of group
15health benefits provided to annuitants, survivors, and retired
16employees under the State Employees Group Insurance Act of
171971, rules to alter the contributions to be paid by the State,
18annuitants, survivors, retired employees, or any combination
19of those entities, for that program of group health benefits,
20shall be adopted as emergency rules. The adoption of those
21rules shall be considered an emergency and necessary for the
22public interest, safety, and welfare.
23    (d) In order to provide for the expeditious and timely
24implementation of the State's fiscal year 1999 budget,
25emergency rules to implement any provision of Public Act 90-587
26or 90-588 or any other budget initiative for fiscal year 1999

 

 

10100HB3308ham002- 41 -LRB101 10689 SMS 58073 a

1may be adopted in accordance with this Section by the agency
2charged with administering that provision or initiative,
3except that the 24-month limitation on the adoption of
4emergency rules and the provisions of Sections 5-115 and 5-125
5do not apply to rules adopted under this subsection (d). The
6adoption of emergency rules authorized by this subsection (d)
7shall be deemed to be necessary for the public interest,
8safety, and welfare.
9    (e) In order to provide for the expeditious and timely
10implementation of the State's fiscal year 2000 budget,
11emergency rules to implement any provision of Public Act 91-24
12or any other budget initiative for fiscal year 2000 may be
13adopted in accordance with this Section by the agency charged
14with administering that provision or initiative, except that
15the 24-month limitation on the adoption of emergency rules and
16the provisions of Sections 5-115 and 5-125 do not apply to
17rules adopted under this subsection (e). The adoption of
18emergency rules authorized by this subsection (e) shall be
19deemed to be necessary for the public interest, safety, and
20welfare.
21    (f) In order to provide for the expeditious and timely
22implementation of the State's fiscal year 2001 budget,
23emergency rules to implement any provision of Public Act 91-712
24or any other budget initiative for fiscal year 2001 may be
25adopted in accordance with this Section by the agency charged
26with administering that provision or initiative, except that

 

 

10100HB3308ham002- 42 -LRB101 10689 SMS 58073 a

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 (f). The adoption of
4emergency rules authorized by this subsection (f) shall be
5deemed to be necessary for the public interest, safety, and
6welfare.
7    (g) In order to provide for the expeditious and timely
8implementation of the State's fiscal year 2002 budget,
9emergency rules to implement any provision of Public Act 92-10
10or any other budget initiative for fiscal year 2002 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 (g). The adoption of
16emergency rules authorized by this subsection (g) shall be
17deemed to be necessary for the public interest, safety, and
18welfare.
19    (h) In order to provide for the expeditious and timely
20implementation of the State's fiscal year 2003 budget,
21emergency rules to implement any provision of Public Act 92-597
22or any other budget initiative for fiscal year 2003 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 (h). The adoption of
2emergency rules authorized by this subsection (h) shall be
3deemed to be necessary for the public interest, safety, and
4welfare.
5    (i) In order to provide for the expeditious and timely
6implementation of the State's fiscal year 2004 budget,
7emergency rules to implement any provision of Public Act 93-20
8or any other budget initiative for fiscal year 2004 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 (i). The adoption of
14emergency rules authorized by this subsection (i) shall be
15deemed to be necessary for the public interest, safety, and
16welfare.
17    (j) In order to provide for the expeditious and timely
18implementation of the provisions of the State's fiscal year
192005 budget as provided under the Fiscal Year 2005 Budget
20Implementation (Human Services) Act, emergency rules to
21implement any provision of the Fiscal Year 2005 Budget
22Implementation (Human Services) Act may be adopted in
23accordance with this Section by the agency charged with
24administering that provision, except that the 24-month
25limitation on the adoption of emergency rules and the
26provisions of Sections 5-115 and 5-125 do not apply to rules

 

 

10100HB3308ham002- 44 -LRB101 10689 SMS 58073 a

1adopted under this subsection (j). The Department of Public Aid
2may also adopt rules under this subsection (j) necessary to
3administer the Illinois Public Aid Code and the Children's
4Health Insurance Program Act. The adoption of emergency rules
5authorized by this subsection (j) shall be deemed to be
6necessary for the public interest, safety, and welfare.
7    (k) In order to provide for the expeditious and timely
8implementation of the provisions of the State's fiscal year
92006 budget, emergency rules to implement any provision of
10Public Act 94-48 or any other budget initiative for fiscal year
112006 may be adopted in accordance with this Section by the
12agency charged with administering that provision or
13initiative, except that the 24-month limitation on the adoption
14of emergency rules and the provisions of Sections 5-115 and
155-125 do not apply to rules adopted under this subsection (k).
16The Department of Healthcare and Family Services may also adopt
17rules under this subsection (k) necessary to administer the
18Illinois Public Aid Code, the Senior Citizens and Persons with
19Disabilities Property Tax Relief Act, the Senior Citizens and
20Disabled Persons Prescription Drug Discount Program Act (now
21the Illinois Prescription Drug Discount Program Act), and the
22Children's Health Insurance Program Act. The adoption of
23emergency rules authorized by this subsection (k) shall be
24deemed to be necessary for the public interest, safety, and
25welfare.
26    (l) In order to provide for the expeditious and timely

 

 

10100HB3308ham002- 45 -LRB101 10689 SMS 58073 a

1implementation of the provisions of the State's fiscal year
22007 budget, the Department of Healthcare and Family Services
3may adopt emergency rules during fiscal year 2007, including
4rules effective July 1, 2007, in accordance with this
5subsection to the extent necessary to administer the
6Department's responsibilities with respect to amendments to
7the State plans and Illinois waivers approved by the federal
8Centers for Medicare and Medicaid Services necessitated by the
9requirements of Title XIX and Title XXI of the federal Social
10Security Act. The adoption of emergency rules authorized by
11this subsection (l) shall be deemed to be necessary for the
12public interest, safety, and welfare.
13    (m) In order to provide for the expeditious and timely
14implementation of the provisions of the State's fiscal year
152008 budget, the Department of Healthcare and Family Services
16may adopt emergency rules during fiscal year 2008, including
17rules effective July 1, 2008, in accordance with this
18subsection to the extent necessary to administer the
19Department's responsibilities with respect to amendments to
20the State plans and Illinois waivers approved by the federal
21Centers for Medicare and Medicaid Services necessitated by the
22requirements of Title XIX and Title XXI of the federal Social
23Security Act. The adoption of emergency rules authorized by
24this subsection (m) shall be deemed to be necessary for the
25public interest, safety, and welfare.
26    (n) In order to provide for the expeditious and timely

 

 

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1implementation of the provisions of the State's fiscal year
22010 budget, emergency rules to implement any provision of
3Public Act 96-45 or any other budget initiative authorized by
4the 96th General Assembly for fiscal year 2010 may be adopted
5in accordance with this Section by the agency charged with
6administering that provision or initiative. The adoption of
7emergency rules authorized by this subsection (n) shall be
8deemed to be necessary for the public interest, safety, and
9welfare. The rulemaking authority granted in this subsection
10(n) shall apply only to rules promulgated during Fiscal Year
112010.
12    (o) In order to provide for the expeditious and timely
13implementation of the provisions of the State's fiscal year
142011 budget, emergency rules to implement any provision of
15Public Act 96-958 or any other budget initiative authorized by
16the 96th General Assembly for fiscal year 2011 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 (o) is deemed to
20be necessary for the public interest, safety, and welfare. The
21rulemaking authority granted in this subsection (o) applies
22only to rules promulgated on or after July 1, 2010 (the
23effective date of Public Act 96-958) through June 30, 2011.
24    (p) In order to provide for the expeditious and timely
25implementation of the provisions of Public Act 97-689,
26emergency rules to implement any provision of Public Act 97-689

 

 

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1may be adopted in accordance with this subsection (p) by the
2agency charged with administering that provision or
3initiative. The 150-day limitation of the effective period of
4emergency rules does not apply to rules adopted under this
5subsection (p), and the effective period may continue through
6June 30, 2013. The 24-month limitation on the adoption of
7emergency rules does not apply to rules adopted under this
8subsection (p). The adoption of emergency rules authorized by
9this subsection (p) is deemed to be necessary for the public
10interest, safety, and welfare.
11    (q) In order to provide for the expeditious and timely
12implementation of the provisions of Articles 7, 8, 9, 11, and
1312 of Public Act 98-104, emergency rules to implement any
14provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104
15may be adopted in accordance with this subsection (q) by the
16agency charged with administering that provision or
17initiative. The 24-month limitation on the adoption of
18emergency rules does not apply to rules adopted under this
19subsection (q). The adoption of emergency rules authorized by
20this subsection (q) is deemed to be necessary for the public
21interest, safety, and welfare.
22    (r) In order to provide for the expeditious and timely
23implementation of the provisions of Public Act 98-651,
24emergency rules to implement Public Act 98-651 may be adopted
25in accordance with this subsection (r) by the Department of
26Healthcare and Family Services. The 24-month limitation on the

 

 

10100HB3308ham002- 48 -LRB101 10689 SMS 58073 a

1adoption of emergency rules does not apply to rules adopted
2under this subsection (r). The adoption of emergency rules
3authorized by this subsection (r) is deemed to be necessary for
4the public interest, safety, and welfare.
5    (s) In order to provide for the expeditious and timely
6implementation of the provisions of Sections 5-5b.1 and 5A-2 of
7the Illinois Public Aid Code, emergency rules to implement any
8provision of Section 5-5b.1 or Section 5A-2 of the Illinois
9Public Aid Code may be adopted in accordance with this
10subsection (s) by the Department of Healthcare and Family
11Services. The rulemaking authority granted in this subsection
12(s) shall apply only to those rules adopted prior to July 1,
132015. Notwithstanding any other provision of this Section, any
14emergency rule adopted under this subsection (s) shall only
15apply to payments made for State fiscal year 2015. The adoption
16of emergency rules authorized by this subsection (s) is deemed
17to be necessary for the public interest, safety, and welfare.
18    (t) In order to provide for the expeditious and timely
19implementation of the provisions of Article II of Public Act
2099-6, emergency rules to implement the changes made by Article
21II of Public Act 99-6 to the Emergency Telephone System Act may
22be adopted in accordance with this subsection (t) by the
23Department of State Police. The rulemaking authority granted in
24this subsection (t) shall apply only to those rules adopted
25prior to July 1, 2016. The 24-month limitation on the adoption
26of emergency rules does not apply to rules adopted under this

 

 

10100HB3308ham002- 49 -LRB101 10689 SMS 58073 a

1subsection (t). The adoption of emergency rules authorized by
2this subsection (t) is deemed to be necessary for the public
3interest, safety, and welfare.
4    (u) In order to provide for the expeditious and timely
5implementation of the provisions of the Burn Victims Relief
6Act, emergency rules to implement any provision of the Act may
7be adopted in accordance with this subsection (u) by the
8Department of Insurance. The rulemaking authority granted in
9this subsection (u) shall apply only to those rules adopted
10prior to December 31, 2015. The adoption of emergency rules
11authorized by this subsection (u) is deemed to be necessary for
12the public interest, safety, and welfare.
13    (v) In order to provide for the expeditious and timely
14implementation of the provisions of Public Act 99-516,
15emergency rules to implement Public Act 99-516 may be adopted
16in accordance with this subsection (v) by the Department of
17Healthcare and Family Services. The 24-month limitation on the
18adoption of emergency rules does not apply to rules adopted
19under this subsection (v). The adoption of emergency rules
20authorized by this subsection (v) is deemed to be necessary for
21the public interest, safety, and welfare.
22    (w) In order to provide for the expeditious and timely
23implementation of the provisions of Public Act 99-796,
24emergency rules to implement the changes made by Public Act
2599-796 may be adopted in accordance with this subsection (w) by
26the Adjutant General. The adoption of emergency rules

 

 

10100HB3308ham002- 50 -LRB101 10689 SMS 58073 a

1authorized by this subsection (w) is deemed to be necessary for
2the public interest, safety, and welfare.
3    (x) In order to provide for the expeditious and timely
4implementation of the provisions of Public Act 99-906,
5emergency rules to implement subsection (i) of Section 16-115D,
6subsection (g) of Section 16-128A, and subsection (a) of
7Section 16-128B of the Public Utilities Act may be adopted in
8accordance with this subsection (x) by the Illinois Commerce
9Commission. The rulemaking authority granted in this
10subsection (x) shall apply only to those rules adopted within
11180 days after June 1, 2017 (the effective date of Public Act
1299-906). The adoption of emergency rules authorized by this
13subsection (x) is deemed to be necessary for the public
14interest, safety, and welfare.
15    (y) In order to provide for the expeditious and timely
16implementation of the provisions of Public Act 100-23,
17emergency rules to implement the changes made by Public Act
18100-23 to Section 4.02 of the Illinois Act on the Aging,
19Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code,
20Section 55-30 of the Alcoholism and Other Drug Abuse and
21Dependency Act, and Sections 74 and 75 of the Mental Health and
22Developmental Disabilities Administrative Act may be adopted
23in accordance with this subsection (y) by the respective
24Department. The adoption of emergency rules authorized by this
25subsection (y) is deemed to be necessary for the public
26interest, safety, and welfare.

 

 

10100HB3308ham002- 51 -LRB101 10689 SMS 58073 a

1    (z) In order to provide for the expeditious and timely
2implementation of the provisions of Public Act 100-554,
3emergency rules to implement the changes made by Public Act
4100-554 to Section 4.7 of the Lobbyist Registration Act may be
5adopted in accordance with this subsection (z) by the Secretary
6of State. The adoption of emergency rules authorized by this
7subsection (z) is deemed to be necessary for the public
8interest, safety, and welfare.
9    (aa) In order to provide for the expeditious and timely
10initial implementation of the changes made to Articles 5, 5A,
1112, and 14 of the Illinois Public Aid Code under the provisions
12of Public Act 100-581, the Department of Healthcare and Family
13Services may adopt emergency rules in accordance with this
14subsection (aa). The 24-month limitation on the adoption of
15emergency rules does not apply to rules to initially implement
16the changes made to Articles 5, 5A, 12, and 14 of the Illinois
17Public Aid Code adopted under this subsection (aa). The
18adoption of emergency rules authorized by this subsection (aa)
19is deemed to be necessary for the public interest, safety, and
20welfare.
21    (bb) In order to provide for the expeditious and timely
22implementation of the provisions of Public Act 100-587,
23emergency rules to implement the changes made by Public Act
24100-587 to Section 4.02 of the Illinois Act on the Aging,
25Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code,
26subsection (b) of Section 55-30 of the Alcoholism and Other

 

 

10100HB3308ham002- 52 -LRB101 10689 SMS 58073 a

1Drug Abuse and Dependency Act, Section 5-104 of the Specialized
2Mental Health Rehabilitation Act of 2013, and Section 75 and
3subsection (b) of Section 74 of the Mental Health and
4Developmental Disabilities Administrative Act may be adopted
5in accordance with this subsection (bb) by the respective
6Department. The adoption of emergency rules authorized by this
7subsection (bb) is deemed to be necessary for the public
8interest, safety, and welfare.
9    (cc) In order to provide for the expeditious and timely
10implementation of the provisions of Public Act 100-587,
11emergency rules may be adopted in accordance with this
12subsection (cc) to implement the changes made by Public Act
13100-587 to: Sections 14-147.5 and 14-147.6 of the Illinois
14Pension Code by the Board created under Article 14 of the Code;
15Sections 15-185.5 and 15-185.6 of the Illinois Pension Code by
16the Board created under Article 15 of the Code; and Sections
1716-190.5 and 16-190.6 of the Illinois Pension Code by the Board
18created under Article 16 of the Code. The adoption of emergency
19rules authorized by this subsection (cc) is deemed to be
20necessary for the public interest, safety, and welfare.
21    (dd) In order to provide for the expeditious and timely
22implementation of the provisions of Public Act 100-864,
23emergency rules to implement the changes made by Public Act
24100-864 to Section 3.35 of the Newborn Metabolic Screening Act
25may be adopted in accordance with this subsection (dd) by the
26Secretary of State. The adoption of emergency rules authorized

 

 

10100HB3308ham002- 53 -LRB101 10689 SMS 58073 a

1by this subsection (dd) is deemed to be necessary for the
2public interest, safety, and welfare.
3    (ee) In order to provide for the expeditious and timely
4implementation of the provisions of this amendatory Act of the
5100th General Assembly, emergency rules implementing the
6Illinois Underground Natural Gas Storage Safety Act may be
7adopted in accordance with this subsection by the Department of
8Natural Resources. The adoption of emergency rules authorized
9by this subsection is deemed to be necessary for the public
10interest, safety, and welfare.
11    (ff) In order to provide for the expeditious and timely
12implementation of the provisions of this amendatory Act of the
13101st General Assembly, emergency rules may be adopted by the
14Department of Labor in accordance with this subsection (ff) to
15implement the changes made by this amendatory Act of the 101st
16General Assembly to the Minimum Wage Law. The adoption of
17emergency rules authorized by this subsection (ff) is deemed to
18be necessary for the public interest, safety, and welfare.
19    (gg) In order to provide for the expeditious and timely
20implementation of the provisions of the Sports Wagering Act,
21emergency rules to implement the Sports Wagering Act may be
22adopted in accordance with this subsection (gg) by the Illinois
23Gaming Board. The adoption of emergency rules authorized by
24this subsection (gg) is deemed to be necessary for the public
25interest, safety, and welfare.
26(Source: P.A. 100-23, eff. 7-6-17; 100-554, eff. 11-16-17;

 

 

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1100-581, eff. 3-12-18; 100-587, Article 95, Section 95-5, eff.
26-4-18; 100-587, Article 110, Section 110-5, eff. 6-4-18;
3100-864, eff. 8-14-18; 100-1172, eff. 1-4-19; 101-1, eff.
42-19-19.)
 
5    Section 905. The State Finance Act is amended by adding
6Section 5.891 as follows:
 
7    (30 ILCS 105/5.891 new)
8    Sec. 5.891. The Sports Wagering Fund.
 
9    Section 910. The Criminal Code of 2012 is amended by
10changing Sections 28-1, 28-3, and 28-5 as follows:
 
11    (720 ILCS 5/28-1)  (from Ch. 38, par. 28-1)
12    Sec. 28-1. Gambling.
13    (a) A person commits gambling when he or she:
14        (1) knowingly plays a game of chance or skill for money
15    or other thing of value, unless excepted in subsection (b)
16    of this Section;
17        (2) knowingly makes a wager upon the result of any
18    game, contest, or any political nomination, appointment or
19    election;
20        (3) knowingly operates, keeps, owns, uses, purchases,
21    exhibits, rents, sells, bargains for the sale or lease of,
22    manufactures or distributes any gambling device;

 

 

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

 

 

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1    appointment or election;
2        (7) knowingly sets up or promotes any lottery or sells,
3    offers to sell or transfers any ticket or share for any
4    lottery;
5        (8) knowingly sets up or promotes any policy game or
6    sells, offers to sell or knowingly possesses or transfers
7    any policy ticket, slip, record, document or other similar
8    device;
9        (9) knowingly drafts, prints or publishes any lottery
10    ticket or share, or any policy ticket, slip, record,
11    document or similar device, except for such activity
12    related to lotteries, bingo games and raffles authorized by
13    and conducted in accordance with the laws of Illinois or
14    any other state or foreign government;
15        (10) knowingly advertises any lottery or policy game,
16    except for such activity related to lotteries, bingo games
17    and raffles authorized by and conducted in accordance with
18    the laws of Illinois or any other state;
19        (11) knowingly transmits information as to wagers,
20    betting odds, or changes in betting odds by telephone,
21    telegraph, radio, semaphore or similar means; or knowingly
22    installs or maintains equipment for the transmission or
23    receipt of such information; except that nothing in this
24    subdivision (11) prohibits transmission or receipt of such
25    information for use in news reporting of sporting events or
26    contests; or

 

 

10100HB3308ham002- 57 -LRB101 10689 SMS 58073 a

1        (12) knowingly establishes, maintains, or operates an
2    Internet site that permits a person to play a game of
3    chance or skill for money or other thing of value by means
4    of the Internet or to make a wager upon the result of any
5    game, contest, political nomination, appointment, or
6    election by means of the Internet. This item (12) does not
7    apply to activities referenced in items (6), and (6.1), or
8    (15) of subsection (b) of this Section.
9    (b) Participants in any of the following activities shall
10not be convicted of gambling:
11        (1) Agreements to compensate for loss caused by the
12    happening of chance including without limitation contracts
13    of indemnity or guaranty and life or health or accident
14    insurance.
15        (2) Offers of prizes, award or compensation to the
16    actual contestants in any bona fide contest for the
17    determination of skill, speed, strength or endurance or to
18    the owners of animals or vehicles entered in such contest.
19        (3) Pari-mutuel betting as authorized by the law of
20    this State.
21        (4) Manufacture of gambling devices, including the
22    acquisition of essential parts therefor and the assembly
23    thereof, for transportation in interstate or foreign
24    commerce to any place outside this State when such
25    transportation is not prohibited by any applicable Federal
26    law; or the manufacture, distribution, or possession of

 

 

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1    video gaming terminals, as defined in the Video Gaming Act,
2    by manufacturers, distributors, and terminal operators
3    licensed to do so under the Video Gaming Act.
4        (5) The game commonly known as "bingo", when conducted
5    in accordance with the Bingo License and Tax Act.
6        (6) Lotteries when conducted by the State of Illinois
7    in accordance with the Illinois Lottery Law. This exemption
8    includes any activity conducted by the Department of
9    Revenue to sell lottery tickets pursuant to the provisions
10    of the Illinois Lottery Law and its rules.
11        (6.1) The purchase of lottery tickets through the
12    Internet for a lottery conducted by the State of Illinois
13    under the program established in Section 7.12 of the
14    Illinois Lottery Law.
15        (7) Possession of an antique slot machine that is
16    neither used nor intended to be used in the operation or
17    promotion of any unlawful gambling activity or enterprise.
18    For the purpose of this subparagraph (b)(7), an antique
19    slot machine is one manufactured 25 years ago or earlier.
20        (8) Raffles and poker runs when conducted in accordance
21    with the Raffles and Poker Runs Act.
22        (9) Charitable games when conducted in accordance with
23    the Charitable Games Act.
24        (10) Pull tabs and jar games when conducted under the
25    Illinois Pull Tabs and Jar Games Act.
26    (11) Gambling games conducted on riverboats when

 

 

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1    authorized by the Riverboat Gambling Act.
2        (12) Video gaming terminal games at a licensed
3    establishment, licensed truck stop establishment, licensed
4    fraternal establishment, or licensed veterans
5    establishment when conducted in accordance with the Video
6    Gaming Act.
7        (13) Games of skill or chance where money or other
8    things of value can be won but no payment or purchase is
9    required to participate.
10        (14) Savings promotion raffles authorized under
11    Section 5g of the Illinois Banking Act, Section 7008 of the
12    Savings Bank Act, Section 42.7 of the Illinois Credit Union
13    Act, Section 5136B of the National Bank Act (12 U.S.C.
14    25a), or Section 4 of the Home Owners' Loan Act (12 U.S.C.
15    1463).
16        (15) Sports wagering when conducted in accordance with
17    the Sports Wagering Act.
18    (c) Sentence.
19    Gambling is a Class A misdemeanor. A second or subsequent
20conviction under subsections (a)(3) through (a)(12), is a Class
214 felony.
22    (d) Circumstantial evidence.
23    In prosecutions under this Section circumstantial evidence
24shall have the same validity and weight as in any criminal
25prosecution.
26(Source: P.A. 98-644, eff. 6-10-14; 99-149, eff. 1-1-16.)
 

 

 

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1    (720 ILCS 5/28-3)   (from Ch. 38, par. 28-3)
2    Sec. 28-3. Keeping a Gambling Place. A "gambling place" is
3any real estate, vehicle, boat or any other property whatsoever
4used for the purposes of gambling other than gambling conducted
5in the manner authorized by the Riverboat Gambling Act, the
6Sports Wagering Act, or the Video Gaming Act. Any person who
7knowingly permits any premises or property owned or occupied by
8him or under his control to be used as a gambling place commits
9a Class A misdemeanor. Each subsequent offense is a Class 4
10felony. When any premises is determined by the circuit court to
11be a gambling place:
12    (a) Such premises is a public nuisance and may be proceeded
13against as such, and
14    (b) All licenses, permits or certificates issued by the
15State of Illinois or any subdivision or public agency thereof
16authorizing the serving of food or liquor on such premises
17shall be void; and no license, permit or certificate so
18cancelled shall be reissued for such premises for a period of
1960 days thereafter; nor shall any person convicted of keeping a
20gambling place be reissued such license for one year from his
21conviction and, after a second conviction of keeping a gambling
22place, any such person shall not be reissued such license, and
23    (c) Such premises of any person who knowingly permits
24thereon a violation of any Section of this Article shall be
25held liable for, and may be sold to pay any unsatisfied

 

 

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1judgment that may be recovered and any unsatisfied fine that
2may be levied under any Section of this Article.
3(Source: P.A. 96-34, eff. 7-13-09.)
 
4    (720 ILCS 5/28-5)  (from Ch. 38, par. 28-5)
5    Sec. 28-5. Seizure of gambling devices and gambling funds.
6    (a) Every device designed for gambling which is incapable
7of lawful use or every device used unlawfully for gambling
8shall be considered a "gambling device", and shall be subject
9to seizure, confiscation and destruction by the Department of
10State Police or by any municipal, or other local authority,
11within whose jurisdiction the same may be found. As used in
12this Section, a "gambling device" includes any slot machine,
13and includes any machine or device constructed for the
14reception of money or other thing of value and so constructed
15as to return, or to cause someone to return, on chance to the
16player thereof money, property or a right to receive money or
17property. With the exception of any device designed for
18gambling which is incapable of lawful use, no gambling device
19shall be forfeited or destroyed unless an individual with a
20property interest in said device knows of the unlawful use of
21the device.
22    (b) Every gambling device shall be seized and forfeited to
23the county wherein such seizure occurs. Any money or other
24thing of value integrally related to acts of gambling shall be
25seized and forfeited to the county wherein such seizure occurs.

 

 

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

 

 

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

 

 

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1gambling operation or used to train occupational licensees of a
2riverboat gambling operation as authorized under the Riverboat
3Gambling Act is exempt from seizure under this Section.
4    (f) Any gambling equipment, devices and supplies provided
5by a licensed supplier in accordance with the Riverboat
6Gambling Act which are removed from the riverboat for repair
7are exempt from seizure under this Section.
8    (g) The following video gaming terminals are exempt from
9seizure under this Section:
10        (1) Video gaming terminals for sale to a licensed
11    distributor or operator under the Video Gaming Act.
12        (2) Video gaming terminals used to train licensed
13    technicians or licensed terminal handlers.
14        (3) Video gaming terminals that are removed from a
15    licensed establishment, licensed truck stop establishment,
16    licensed fraternal establishment, or licensed veterans
17    establishment for repair.
18    (h) Property seized or forfeited under this Section is
19subject to reporting under the Seizure and Forfeiture Reporting
20Act.
21    (i) Any sports wagering equipment, devices, and supplies
22provided by a licensed supplier that are removed from a gaming
23facility for repair under the Sports Wagering Act are exempt
24from seizure under this Section.
25(Source: P.A. 100-512, eff. 7-1-18.)
 

 

 

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1    Section 999. Effective date. This Act takes effect upon
2becoming law.".