Full Text of HB1260 101st General Assembly
HB1260ham003 101ST GENERAL ASSEMBLY | Rep. André Thapedi Filed: 5/28/2019
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| 1 | | AMENDMENT TO HOUSE BILL 1260
| 2 | | AMENDMENT NO. ______. Amend House Bill 1260 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Article 1. Sporting Contest Safety and Integrity Act | 5 | | Section 1-1. Short title. This Article may be cited as the | 6 | | Sporting Contest Safety and Integrity Act. References in
this | 7 | | Article to "this Act" mean this Article. | 8 | | Section 1-5. Definitions. As used in this Act: | 9 | | "Athlete" means any current, former, or prospective | 10 | | professional athlete. | 11 | | "Board" means the Illinois Gaming Board. | 12 | | "Covered persons" includes athletes; players (current and | 13 | | former); umpires, referees, and officials; personnel | 14 | | associated with players, clubs, teams, leagues, and athletic | 15 | | associations; medical professionals (including athletic |
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| 1 | | trainers) who provide services to athletes and players; | 2 | | spectators and bystanders at sporting contests and facilities | 3 | | used in connection with sporting contests; other individuals | 4 | | with regular access to sporting contest fields and facilities; | 5 | | and the family members and associates of these persons where | 6 | | required to serve the purposes of this Act. | 7 | | "Person" means any individual, partnership, corporation, | 8 | | association, or other entity. | 9 | | "Personal data" means the personal data (including | 10 | | anonymized data) of athletes and players, including, but not | 11 | | limited to, performance, movement, biometric, health, fitness, | 12 | | and sleep, collected in any manner, including, but not limited | 13 | | to, in-arena, stadium, and training facility ball tracking | 14 | | systems and player tracking systems, whether or not using | 15 | | devices attached to the athlete's person or clothing. "Personal | 16 | | data" does not include personal health information in which the | 17 | | use and disclosure are covered by federal and State laws. | 18 | | "Persons who present sporting contests" includes organized | 19 | | sports leagues and associations, their members and affiliates, | 20 | | and other persons who present sporting contests to the public. | 21 | | "Prohibited conduct" includes any statement, action, and | 22 | | other communication intended to influence, manipulate, or | 23 | | control a betting outcome of a sporting contest or of any | 24 | | individual occurrence or performance in a sporting contest in | 25 | | exchange for financial gain or to avoid financial or physical | 26 | | harm. "Prohibited conduct" includes statements, actions, and |
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| 1 | | communications made to a covered person by a third party, such | 2 | | as a family member or through social media. | 3 | | "Publicity rights" means a person's right to control and to | 4 | | choose whether and how to use his or her identity for | 5 | | commercial purposes. | 6 | | "Sporting contest" means a sports event or game on which | 7 | | the State allows sports wagering to occur under the Sports | 8 | | Wagering Act. | 9 | | Section 1-10. Personal safety and sporting contests. | 10 | | (a) Any person who presents a sporting contest must take | 11 | | all reasonable measures necessary to ensure the safety and | 12 | | security of all involved in or attending the sporting contest, | 13 | | including athletes, players, umpires, referees, officials, and | 14 | | other personnel associated with the athlete, player, club, | 15 | | team, league, or association involved and spectators at the | 16 | | sporting contest and family members and associates of such | 17 | | persons, where required to serve the purposes of this Act. | 18 | | (b) The requirement in subsection (a) applies in all areas | 19 | | where the sporting contest occurs and in associated areas, | 20 | | including areas of entry and egress, seating, adjacent | 21 | | concourses, food vending, restrooms, locker rooms, restricted | 22 | | areas, and parking lots. It also applies at other locations | 23 | | within the control of a person who presents a sporting event, | 24 | | such as training, practice, or strength and conditioning | 25 | | facilities or facilities temporarily utilized for team or club |
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| 1 | | events. | 2 | | (c) Persons who present sporting contests shall establish | 3 | | codes of conduct that forbid all persons associated with the | 4 | | sporting contest from engaging in physical assault or attempted | 5 | | assault, verbal or physical threats, or any other interactions | 6 | | that intimidate others associated with the sporting contest. | 7 | | (d) Persons who present sporting contests are required to | 8 | | hire, train, and equip safety and security personnel to enforce | 9 | | the code of conduct and otherwise address any safety or | 10 | | security concern associated with the sporting contests. | 11 | | (e) Persons who present sporting contests shall have | 12 | | authority to remove spectators and others from any facility for | 13 | | violation of the code of conduct, and, after appropriate | 14 | | procedure, to deny persons access to all facilities they | 15 | | control, to revoke season tickets or comparable licenses, and | 16 | | to share information about such persons with others who present | 17 | | sporting contests and with the appropriate jurisdictions' law | 18 | | enforcement authorities. | 19 | | (f) Persons who present sporting contests shall provide | 20 | | notice to the general public and those who attend sporting | 21 | | contests or visit their facilities of the code of conduct and | 22 | | the potential penalties for its violation. Notice shall be | 23 | | provided in as many forms as required to ensure that the code | 24 | | of conduct is known, including physical posting, website | 25 | | posting, public address announcements, and others. |
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| 1 | | Section 1-15. Reporting prohibited conduct; investigating | 2 | | allegations of gambling related fraud. | 3 | | (a) The Board shall establish a hotline or other method of | 4 | | communication that allows any person to confidentially report | 5 | | information about prohibited conduct to the Board. | 6 | | (b) The Board shall investigate all reasonable allegations | 7 | | of prohibited conduct and refer any allegations it deems | 8 | | credible to the appropriate law enforcement entity. | 9 | | (c) The identity of any reporting person shall remain | 10 | | confidential unless that person authorizes disclosure of his or | 11 | | her identity or until such time as the allegation of prohibited | 12 | | conduct is referred to law enforcement. | 13 | | (d) The Board shall adopt emergency rules to administer | 14 | | this Section in accordance with Section 5-45 of the Illinois | 15 | | Administrative Procedure Act. | 16 | | (e)The Board shall adopt rules governing investigations of | 17 | | prohibited conduct and referrals to law enforcement entities. | 18 | | Section 1-20. Use and sale of personal data. | 19 | | (a) Unless expressly authorized by the player or his or her | 20 | | exclusive bargaining representative, any personal data may not | 21 | | be used by any party without the player's permission. | 22 | | (b) No person who presents sporting contests may separately | 23 | | sell personal data that includes player publicity rights | 24 | | without the player's written consent or the written consent of | 25 | | the player's authorized agent. |
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| 1 | | (c) A licensee under the Sports Wagering Act shall be | 2 | | required to use official league data as provided under Section | 3 | | 5-75 of the Sports Wagering Act for tier 2 sports wagers. | 4 | | Article 5. Sports Wagering Act | 5 | | Section 5-1. Short title. This Act may be cited as the | 6 | | Sports Wagering Act. References in
this Article to "this Act" | 7 | | mean this Article. | 8 | | Section 5-5. Implementation of this Act. The Board must | 9 | | adopt any rules and take any other actions necessary so that | 10 | | sports wagering licensees and online sports wagering licensees | 11 | | may begin conducting sports wagering under this Act beginning | 12 | | 90 days after the effective date of this Act. | 13 | | Section 5-10. Definitions. As used in this Act: | 14 | | "Adjusted gross sports wagering receipts" means a sports | 15 | | wagering licensee's or online sports wagering licensee's gross | 16 | | sports wagering receipts, less winnings paid to wagerers in | 17 | | such games. | 18 | | "Affiliate" means a person who directly or indirectly owns | 19 | | or controls, is owned or controlled by, or is under common | 20 | | ownership or control with or has a material economic interest | 21 | | in another person. | 22 | | "Board" means the Illinois Gaming Board. |
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| 1 | | "Covered asset" means any tangible or intangible asset | 2 | | designed for use in or used in connection with conduct that | 3 | | constitutes illegal gambling under any law of the United | 4 | | States, the State of Illinois, or another state as determined | 5 | | by a final decision of a court of competent jurisdiction or as | 6 | | described in an official opinion or pronouncement of the | 7 | | Attorney General of this State or any other state, including, | 8 | | without limitation: | 9 | | (1) any trademark, trade name, service mark, or similar | 10 | | intellectual property used in connection with such | 11 | | conduct; | 12 | | (2) any information regarding persons through a | 13 | | database, customer list, or any derivative of a database or | 14 | | customer list; and | 15 | | (3) any software or hardware relating to management, | 16 | | administration, development, testing, or control used in | 17 | | connection with such conduct. | 18 | | "Gaming facility" means a riverboat under the Riverboat | 19 | | Gambling Act, a racetrack or inter-track wagering location | 20 | | under the Illinois Horse Racing Act of 1975, or a licensed | 21 | | establishment, licensed truck stop establishment, licensed | 22 | | fraternal establishment, or licensed veterans establishment | 23 | | under the Video Gaming Act. | 24 | | "License" means a license applied for or issued by the | 25 | | Board under this Act, including, but not limited to: | 26 | | (1) a license to act as an agent of the Board in |
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| 1 | | operating sports wagering at a gaming facility or online, | 2 | | including through the use of a sports wagering skin (sports | 3 | | wagering license); | 4 | | (2) a license to act as an agent of the Board in | 5 | | operating sports wagering online, including through the | 6 | | use of a sports wagering skin (online sports wagering | 7 | | license); | 8 | | (3) a license derived from a sports wagering license or | 9 | | an online sports wagering license to act as an agent of the | 10 | | Board in operating sports wagering through a portal, | 11 | | website, or computer or mobile application or app (sports | 12 | | wagering skin license); | 13 | | (4) a license to supply a sports wagering licensee or | 14 | | online sports wagering licensee with sports wagering | 15 | | equipment or services necessary for the operation of sports | 16 | | wagering (supplier license); | 17 | | (5) a license to be employed by a sports wagering | 18 | | licensee when the employee works in a designated gaming | 19 | | area that has sports wagering or performs duties in | 20 | | furtherance of or associated with the operation of sports | 21 | | wagering by the sports wagering licensee (occupational | 22 | | license); and | 23 | | (6) a license to provide management services under a | 24 | | contract to a sports wagering licensee or online sports | 25 | | wagering licensee (management services provider license). | 26 | | "Official league data" means statistics, results, |
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| 1 | | outcomes, and other data relating to a sports event obtained | 2 | | pursuant to an agreement with the relevant sports governing | 3 | | body, or an entity expressly authorized by the sports governing | 4 | | body to provide such information to licensees, which authorizes | 5 | | the use of such data for determining the outcome of tier 2 | 6 | | sports wagers. | 7 | | "Online sports wagering licensee" means a winning bidder | 8 | | that has paid the license fee and been issued an online sports | 9 | | wagering license by the Board. | 10 | | "Person" means an individual, partnership, committee, | 11 | | association, corporation or any other organization or group of | 12 | | persons. | 13 | | "Qualified applicant" means an applicant for a license | 14 | | under this Act whose application meets the mandatory minimum | 15 | | qualification criteria as required by the Board. | 16 | | "Sports event" means a professional sport or athletic | 17 | | event, a collegiate sport or athletic event, a motor race | 18 | | event, or any other special event authorized by the Board under | 19 | | this Act. | 20 | | "Sports wagering" means the business of accepting wagers on | 21 | | sports events and other events, the individual performance | 22 | | statistics of athletes in a sports event or other events, or a | 23 | | combination of any of the same by any system or method of | 24 | | wagering approved by the Board, including, but not limited to, | 25 | | mobile applications and other digital platforms that utilize | 26 | | communications technology to accept wagers originating within |
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| 1 | | this State. "Sports wagering" includes, but is not limited to, | 2 | | exchange wagering, parlays, over-under, moneyline, pools, and | 3 | | straight bets. "Sports wagering" does not include: | 4 | | (1) pari-mutuel wagering on the outcome of horse races | 5 | | authorized by the Illinois Horse Racing Act of 1975; | 6 | | (2) lottery games authorized by the Illinois Lottery | 7 | | Law; | 8 | | (3) video gaming authorized by the Video Gaming Act; | 9 | | and | 10 | | (4) gambling games authorized by the Riverboat | 11 | | Gambling Act. | 12 | | "Sports wagering account" means a financial record | 13 | | established by a sports wagering licensee or an online sports | 14 | | wagering licensee for an individual patron in which the patron | 15 | | may deposit and withdraw funds for sports wagering and other | 16 | | authorized purchases and to which the sports wagering licensee | 17 | | or online sports wagering licensee may credit winnings or other | 18 | | amounts due to that patron or authorized by that patron. | 19 | | "Sports wagering licensee" means an organization licensee | 20 | | or inter-track wagering location licensee under the Illinois | 21 | | Horse Racing Act of 1975 or an owners licensee under the | 22 | | Riverboat Gambling Act authorized to conduct sports wagering in | 23 | | its facility or online. | 24 | | "Sports wagering skin" means the brand used by the sports | 25 | | wagering licensee or online sports wagering licensee as | 26 | | presented through a portal, website, or computer or mobile |
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| 1 | | application or app through which authorized sports wagering is | 2 | | made available to authorized participants by a sports wagering | 3 | | licensee or online sports wagering licensee. | 4 | | "Tier 1 sports wager" means a sports wager that is | 5 | | determined solely by the final score or final outcome of the | 6 | | sports event and is placed before the sports event has begun. | 7 | | "Tier 2 sports wager" means a sports wager that is not a | 8 | | tier 1 sports wager. | 9 | | "Wager" means a sum of money or thing of value risked on an | 10 | | uncertain occurrence. | 11 | | "Winning bidder" means a qualified applicant for an online | 12 | | sports wagering license chosen through the competitive | 13 | | selection process under Section 5-30. | 14 | | Section 5-15. State authorization of sports wagering. | 15 | | Notwithstanding any provision of law to the contrary, the | 16 | | operation of sports wagering and ancillary activities are only | 17 | | lawful when conducted in accordance with the provisions of this | 18 | | Act and the rules of the Board. | 19 | | Section 5-20. Board duties and powers. | 20 | | (a) The Board shall have the authority to regulate the | 21 | | conduct of sports wagering under this Act. | 22 | | (b) The Board has the authority to adopt any rules the | 23 | | Board considers necessary for the successful implementation, | 24 | | administration, and enforcement of this Act. Rules proposed by |
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| 1 | | the Board before December 1, 2019 may be adopted as emergency | 2 | | rules pursuant to Section 5-45 of the Illinois Administrative | 3 | | Procedure Act. | 4 | | (c) The Board shall levy and collect all fees, surcharges, | 5 | | civil penalties, and monthly taxes on adjusted gross sports | 6 | | wagering receipts imposed by this Act and deposit all moneys | 7 | | into the Sports Wagering Fund, except as otherwise provided | 8 | | under this Act. | 9 | | (d) The Board may exercise any other powers necessary to | 10 | | enforce the provisions of this Act and the rules of the Board. | 11 | | Section 5-25. Licenses required. | 12 | | (a) No person may engage in any activity in connection with | 13 | | sports wagering in this State unless all necessary licenses | 14 | | have been obtained in accordance with this Act and the rules of | 15 | | the Board. The following licenses shall be issued under this | 16 | | Act: | 17 | | (1) sports wagering license; | 18 | | (2) online sports wagering license | 19 | | (3) sports wagering skin license; | 20 | | (4) supplier license; | 21 | | (5) management services provider license; and | 22 | | (6) occupational license. | 23 | | No person or entity may engage in a sports wagering | 24 | | operation or activity without first obtaining the appropriate | 25 | | license. |
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| 1 | | (b) Except for provisional licenses issued under Sections | 2 | | 5-40 and 5-55, the Board may not grant a license until it | 3 | | determines that each person who has control of the applicant | 4 | | meets all qualifications for licensure. The following persons | 5 | | are considered to have control of an applicant: | 6 | | (1) each person associated with a corporate applicant, | 7 | | including a corporate holding company, parent company, or | 8 | | subsidiary company of the applicant who has the ability to | 9 | | control the activities of the corporate applicant or elect | 10 | | a majority of the board of directors of that corporation; | 11 | | this does not include a bank or other licensed lending | 12 | | institution that holds a mortgage or other lien acquired in | 13 | | the ordinary course of business; | 14 | | (2) each person associated with a non-corporate | 15 | | applicant who directly or indirectly holds a beneficial or | 16 | | proprietary interest in the applicant's business operation | 17 | | or who the Board otherwise determines has the ability to | 18 | | control the applicant; and | 19 | | (3) key personnel of an applicant, including an | 20 | | executive, employee, or agent, having the power to exercise | 21 | | significant influence over decisions concerning any part | 22 | | of the applicant's business operation. | 23 | | (c) An applicant for a license issued under this Act shall | 24 | | submit an application to the Board in the form the Board | 25 | | requires and submit fingerprints for a national criminal | 26 | | records check by the Department of State Police and the Federal |
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| 1 | | Bureau of Investigation. The fingerprints shall be furnished by | 2 | | all persons required to be named in the application and shall | 3 | | be accompanied by a signed authorization for the release of | 4 | | information by the Federal Bureau of Investigation. The Board | 5 | | may require additional background checks on licensees when they | 6 | | apply for annual license renewal, and an applicant convicted of | 7 | | a disqualifying offense shall not be licensed. | 8 | | (d) Each sports wagering licensee, licensed supplier, or | 9 | | licensed management services provider shall display the | 10 | | license conspicuously in the licensee's place of business or | 11 | | have the license available for inspection by an agent of the | 12 | | Board or a law enforcement agency. | 13 | | (e) Each holder of an occupational license shall carry the | 14 | | license and have some indicia of licensure prominently | 15 | | displayed on his or her person when present in a gaming | 16 | | facility licensed under this Act at all times, in accordance | 17 | | with the rules of the Board. | 18 | | (f) Each person licensed under this Act shall give the | 19 | | Board written notice within 30 days after a change to | 20 | | information provided in the licensee's application for a | 21 | | license or renewal. | 22 | | (g) No Board employee may be an applicant for a license | 23 | | issued under this Act, nor may an employee of a licensee | 24 | | directly or indirectly hold an ownership or a financial | 25 | | interest in a sports wagering license. |
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| 1 | | Section 5-30. Online sports wagering license. | 2 | | (a) The Board shall issue 3 online sports wagering licenses | 3 | | for a nonrefundable license fee of $20,000,000 pursuant to an | 4 | | open and competitive selection process. The online sports | 5 | | wagering license may be renewed after 5 years upon payment of a | 6 | | $100,000 renewal fee. To the extent permitted by federal and | 7 | | State law, the Board shall actively seek to achieve racial, | 8 | | ethnic, and geographic diversity when issuing online sports | 9 | | wagering licenses and encourage businesses owned by | 10 | | minorities, women, veterans, and persons with disabilities to | 11 | | apply for licensure. For purposes of this Section, for a | 12 | | business to be owned by minorities, women, veterans, or persons | 13 | | with disabilities, at least 51% of the ownership of the | 14 | | business must be held by a qualifying person or persons. | 15 | | (b) Applications for the initial competitive selection | 16 | | occurring after the effective date of this Act shall be | 17 | | received by the Board by December 1, 2019 to qualify. The Board | 18 | | shall announce the winning bidders for the initial competitive | 19 | | selection by March 1, 2020. | 20 | | (c) The Board shall provide public notice of its intent to | 21 | | solicit applications for online sports wagering licenses by | 22 | | posting the notice, application instructions, and materials on | 23 | | its website for at least 30 calendar days before the | 24 | | applications are due.
Failure by an applicant to submit all | 25 | | required information may result in the application being | 26 | | disqualified. The Board may notify an applicant that its |
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| 1 | | application is incomplete and provide an opportunity to cure by | 2 | | rule.
Application instructions shall include a brief overview | 3 | | of the selection process and how applications are scored. | 4 | | (d) To be eligible for an online sports wagering license, | 5 | | an applicant must: (1) be at least 21 years of age; (2) not | 6 | | have been convicted of a felony offense or a violation of | 7 | | Article 28 of the Criminal Code of 1961 or the Criminal Code of | 8 | | 2012 or a similar statute of any other jurisdiction; (3) not | 9 | | have been convicted of a crime involving dishonesty or moral | 10 | | turpitude; (4) have demonstrated a level of skill or knowledge | 11 | | that the Board determines to be necessary in order to operate | 12 | | sports wagering; and (5) have met standards for the holding of | 13 | | a license as adopted by rules of the Board. | 14 | | The Board may adopt rules to establish additional | 15 | | qualifications and requirements to preserve the integrity and | 16 | | security of sports wagering in this State and to promote and | 17 | | maintain a competitive sports wagering market.
After the close | 18 | | of the application period, the Board shall determine whether | 19 | | the applications meet the mandatory minimum qualification | 20 | | criteria and conduct a comprehensive, fair, and impartial | 21 | | evaluation of all qualified applications. | 22 | | (e) The Board shall open all qualified applications in a | 23 | | public forum and disclose the applicants' names. The Board | 24 | | shall summarize the terms of the proposals and make the | 25 | | summaries available to the public on its website. | 26 | | (f) Not more than 90 days after the publication of the |
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| 1 | | qualified applications, the Board shall identify the winning | 2 | | bidders. In granting the licenses, the Board may give favorable | 3 | | consideration to qualified applicants presenting plans that | 4 | | provide for economic development and community engagement. To | 5 | | the extent permitted by federal and State law, the Board may | 6 | | give favorable consideration to qualified applicants | 7 | | demonstrating commitment to diversity in the workplace. | 8 | | (g) Upon selection of the winning bidders, the Board shall | 9 | | have a reasonable period of time to ensure compliance with all | 10 | | applicable statutory and regulatory criteria before issuing | 11 | | the licenses. If the Board determines a winning bidder does not | 12 | | satisfy all applicable statutory and regulatory criteria, the | 13 | | Board shall select another bidder from the remaining qualified | 14 | | applicants. | 15 | | (h) Nothing in this Section is intended to confer a | 16 | | property or other right, duty, privilege, or interest entitling | 17 | | an applicant to an administrative hearing upon denial of an | 18 | | application. | 19 | | (i) Upon issuance of an online sports wagering license to a | 20 | | winning bidder, the information and plans provided in the | 21 | | application become a condition of the license. Online sports | 22 | | wagering licensees have a duty to disclose any material changes | 23 | | to the application. Failure to comply with the conditions or | 24 | | requirements in the application may subject the online sports | 25 | | wagering licensee to discipline, up to and including suspension | 26 | | or revocation of its license, by the Board. |
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| 1 | | (j) The Board shall disseminate information about the | 2 | | licensing process through media demonstrated to reach large | 3 | | numbers of business owners and entrepreneurs who are | 4 | | minorities, women, veterans, and persons with disabilities. | 5 | | (k) The Department of Commerce and Economic Opportunity, in | 6 | | conjunction with the Board, shall conduct ongoing, thorough, | 7 | | and comprehensive outreach to businesses owned by minorities, | 8 | | women, veterans, and persons with disabilities about | 9 | | contracting and entrepreneurial opportunities in sports | 10 | | wagering. This outreach shall include, but not be limited to: | 11 | | (1) cooperating and collaborating with other State | 12 | | boards, commissions, and agencies; public and private | 13 | | universities and community colleges; and local governments | 14 | | to target outreach efforts; and | 15 | | (2) working with organizations serving minorities, | 16 | | women, and persons with disabilities to establish and | 17 | | conduct training for employment in sports wagering. | 18 | | (l) The Board shall partner with the Department of Labor, | 19 | | the Department of Financial and Professional Regulation, and | 20 | | the Department of Commerce and Economic Opportunity to identify | 21 | | employment opportunities within the sports wagering industry | 22 | | for job seekers and dislocated workers. | 23 | | (m) By December 31, 2019, the Board shall conduct a study | 24 | | of the online sports wagering industry and market to determine | 25 | | whether there is a compelling interest in implementing remedial | 26 | | measures, including the application of the Business Enterprise |
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| 1 | | Program under the Business Enterprise for Minorities, Women, | 2 | | and Persons with Disabilities Act or a similar program to | 3 | | assist minorities, women, and persons with disabilities in the | 4 | | sports wagering industry. | 5 | | As a part of the study, the Board shall evaluate race and | 6 | | gender-neutral programs or other methods that may be used to | 7 | | address the needs of minority and women applicants and | 8 | | minority-owned and women-owned businesses seeking to | 9 | | participate in the sports wagering industry. The Board shall | 10 | | submit to the General Assembly and publish on its website the | 11 | | results of this study by March 1, 2020. | 12 | | If, as a result of the study conducted under this | 13 | | subsection (m), the Board finds that there is a compelling | 14 | | interest in implementing remedial measures, the Board may adopt | 15 | | rules, including emergency rules, to implement remedial | 16 | | measures, if necessary and to the extent permitted by State and | 17 | | federal law, based on the findings of the study conducted under | 18 | | this subsection (m). | 19 | | (n) Each online sports wagering licensee shall be limited | 20 | | to one sports wagering skin to provide sports wagering online. | 21 | | The sports wagering skin must reflect a brand owned by the | 22 | | sports wagering licensee or any affiliate of the sports | 23 | | wagering licensee in the United States. | 24 | | Section 5-35. Sports wagering skin. | 25 | | (a) The Board may issue a sports wagering skin license to |
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| 1 | | an entity that provides a nonrefundable license fee of | 2 | | $5,000,000. The sports wagering skin license may be renewed | 3 | | after 5 years upon payment of a $100,000 renewal fee. | 4 | | (b) To be eligible for a sports wagering skin license, an | 5 | | applicant must: (1) be at least 21 years of age; (2) not have | 6 | | been convicted of a felony offense or a violation of Article 28 | 7 | | of the Criminal Code of 1961 or the Criminal Code of 2012 or a | 8 | | similar statute of any other jurisdiction; (3) not have been | 9 | | convicted of a crime involving dishonesty or moral turpitude; | 10 | | (4) have demonstrated a level of skill or knowledge that the | 11 | | Board determines to be necessary in order to operate sports | 12 | | wagering; and (5) have met standards for the holding of a | 13 | | license as adopted by rules of the Board. | 14 | | (c) The Board may adopt rules to establish additional | 15 | | qualifications and requirements to preserve the integrity and | 16 | | security of sports wagering in this State and to promote and | 17 | | maintain a competitive sports wagering market. | 18 | | (d) After the close of the application period, the Board | 19 | | shall determine whether the applications meet the mandatory | 20 | | minimum qualification criteria and conduct a comprehensive, | 21 | | fair, and impartial evaluation of all qualified applications. | 22 | | Section 5-37. Additional requirements for online sports | 23 | | wagering and sports wagering skin licenses. | 24 | | (a) Unless otherwise provided, this Section applies to all | 25 | | applicants for online sports wagering licenses and sports |
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| 1 | | wagering skin licenses. The Board shall, at a minimum, apply | 2 | | the same criteria set forth in Section 9 of the Riverboat | 3 | | Gambling Act and Section 45 of the Video Gaming Act when | 4 | | determining whether or not to issue or deny an online sports | 5 | | wagering license and a sports wagering skin license. | 6 | | (b) Applications for online sports wagering licenses and | 7 | | sports wagering skin licenses shall be made on forms provided | 8 | | by the Board and shall contain information the Board | 9 | | prescribes, including, but not limited to, detailed | 10 | | information regarding the ownership and management of the | 11 | | applicant, detailed personal information regarding the | 12 | | applicant, financial information regarding the applicant, and | 13 | | the gaming history and experience of the applicant in the | 14 | | United States and other jurisdictions when it supplies its | 15 | | platform to sports wagering operators who accept wagers without | 16 | | a gambling license or itself accepts wagers without a gambling | 17 | | license. The applicant shall also set forth in the application: | 18 | | whether he or she has been issued prior gambling related | 19 | | licenses; whether he or she has been licensed in any other | 20 | | state under any other name and, if so, the name and his or her | 21 | | age; whether he or she, or any affiliate of the applicant, or | 22 | | any officer or director of the applicant or its affiliate have | 23 | | accepted wagers through the Internet within the last 10 years, | 24 | | including a list of jurisdictions where such wagers were | 25 | | offered or accepted, and the legal authority or circumstances | 26 | | under which such wagers were offered or accepted in each |
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| 1 | | jurisdiction; whether the applicant has been convicted of any | 2 | | felony under federal or State law; whether the applicant is | 3 | | subject to any current prosecution or pending charges in any | 4 | | jurisdiction for any crime involving illegal gambling, public | 5 | | integrity, embezzlement, theft, fraud, or perjury; and whether | 6 | | or not a permit or license issued to the applicant in any other | 7 | | state has been suspended, restricted, or revoked and, if so, | 8 | | for what period of time. | 9 | | (c) Information provided on an application shall be used as | 10 | | a basis for a thorough background investigation that the Board | 11 | | shall conduct with respect to each applicant. An incomplete | 12 | | application shall be cause for denial of a license by the | 13 | | Board. Each applicant shall submit to a background | 14 | | investigation conducted by the Board with the assistance of the | 15 | | State Police or other law enforcement. To the extent that the | 16 | | corporate structure of the applicant allows, the background | 17 | | investigation shall include any or all of the following as the | 18 | | Board deems appropriate or as provided by rule for each | 19 | | category of licensure: (1) each beneficiary of a trust, (2) | 20 | | each partner of a partnership, (3) each member of a limited | 21 | | liability company, (4) each director and officer of a publicly | 22 | | or non-publicly held corporation, (5) each stockholder of a | 23 | | non-publicly held corporation, (6) each stockholder of 5% or | 24 | | more of a publicly held corporation, or (7) each stockholder of | 25 | | 5% or more in a parent or subsidiary corporation. | 26 | | (d) Each applicant shall disclose the identity of every |
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| 1 | | person, association, trust, or corporation having a greater | 2 | | than 5% direct or indirect pecuniary interest in the | 3 | | applicant's operation. If the disclosed entity is a trust, the | 4 | | application shall disclose the names and addresses of the | 5 | | beneficiaries; if a corporation, the names and addresses of all | 6 | | stockholders and directors; if a partnership, the names and | 7 | | addresses of all partners, both general and limited. | 8 | | (e) An application shall be filed and considered in | 9 | | accordance with the rules of the Board. All information, | 10 | | records, interviews, reports, statements, memoranda, or other | 11 | | data supplied to or used by the Board in the course of its | 12 | | review or investigation of an application for a license or a | 13 | | renewal under this Act shall be privileged, strictly | 14 | | confidential, and used only for the purpose of evaluating an | 15 | | applicant for a license or a renewal. The information, records, | 16 | | interviews, reports, statements, memoranda, or other data | 17 | | shall not be admissible as evidence nor discoverable in any | 18 | | action of any kind in any court or before any tribunal, board, | 19 | | agency, or person, except for any action deemed necessary by | 20 | | the Board. | 21 | | (f) Each person disclosed under subsection (d) shall submit | 22 | | with his or her application, on forms provided by the Board, | 23 | | sets of his or her fingerprints. The Board shall charge each | 24 | | applicant a fee set by the Department of State Police to defray | 25 | | the costs associated with the search and classification of | 26 | | fingerprints obtained by the Board with respect to the |
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| 1 | | applicant's application. These fees shall be paid into the | 2 | | State Police Services Fund. | 3 | | (g) Applicants shall certify to the Board that all | 4 | | supplies, software, kiosks, and any other related equipment may | 5 | | not be used unless they conform to standards adopted by rules | 6 | | of the Board. Applicants shall furnish to the Board a list of | 7 | | all supplies, software, kiosks, and any other related equipment | 8 | | that will be used. | 9 | | (h) The Board may, subject to notice and an opportunity for | 10 | | hearing, in its discretion refuse a sports wagering skin | 11 | | license to any person: (1) who is unqualified to perform the | 12 | | duties required of the applicant; (2) who fails to prove by | 13 | | clear and convincing evidence that the applicant is qualified | 14 | | in accordance with the provisions of this Act; (3) who fails to | 15 | | disclose or states falsely any information called for in the | 16 | | application; (4) who fails to provide information, | 17 | | documentation, and assurances required by this Act or requested | 18 | | by the Board, or who fails to reveal any fact material to | 19 | | qualification, or who supplies information that is untrue or | 20 | | misleading as to a material fact pertaining to the | 21 | | qualification criteria; (5) who has been convicted of any | 22 | | offense in any jurisdiction that is or would be a felony or | 23 | | other crime involving public integrity, embezzlement, theft, | 24 | | fraud, or perjury; (6) who has committed prior acts that have | 25 | | not been prosecuted, or in which the person was not convicted, | 26 | | but form a pattern of misconduct that makes the applicant |
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| 1 | | unsuitable for a license under this Act; (7) who has affiliates | 2 | | or close associates that would not qualify for a license or | 3 | | whose relationship with the applicant may pose an injurious | 4 | | threat to the interests of the State in awarding a sports | 5 | | wagering skin license to the applicant; (8) who has been | 6 | | convicted of a felony for any offense under federal or State | 7 | | law that indicates that licensure of the person would be | 8 | | inimical to the policy of this Act; (9) who is currently the | 9 | | subject of prosecution or pending charges in any jurisdiction | 10 | | for any of the offenses involving illegal gambling, public | 11 | | integrity, embezzlement, theft, fraud, or perjury; however, at | 12 | | the request of the person, the Board may defer decision upon | 13 | | such application during the pendency of such charge; (10) who | 14 | | has pursued economic gain that is in violation of the criminal | 15 | | or civil public policies of this State, if such pursuit creates | 16 | | a reasonable belief that the participation of such person in | 17 | | gaming operations would be inimical to the policies of this | 18 | | Act; (11) who has committed any offense that would constitute | 19 | | illegal gambling, or a crime involving public integrity, | 20 | | embezzlement, theft, fraud, or perjury, even if such conduct | 21 | | has not been or may not be prosecuted under the criminal laws | 22 | | of this State or any other jurisdiction; (12) who has | 23 | | flagrantly defied any legislative investigatory body or other | 24 | | official investigatory body of any state or of the United | 25 | | States when such body is engaged in the investigation of crimes | 26 | | relating to gaming, official corruption, or organized crime |
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| 1 | | activity; (13) who has been found guilty of a violation of this | 2 | | Act or whose prior gambling related license or application | 3 | | therefor has been suspended, restricted, revoked, or denied for | 4 | | just cause in any other state; (14) who has received an | 5 | | unequivocal official pronouncement from government authorities | 6 | | in any state or foreign country that it has supplied platforms | 7 | | or accepted wagers in violation of that jurisdiction's law; | 8 | | (15) who has a background, including a criminal record, | 9 | | reputation, habits, social or business associations, and prior | 10 | | activities that constituted illegal gambling or pose a threat | 11 | | to the public interests of the State, to the security and | 12 | | integrity of sports wagering, or to the promotion and | 13 | | maintenance of a competitive sports betting market in this | 14 | | State; (16) who presents, creates, or enhances the dangers of | 15 | | unsuitable, unfair, or illegal practices, methods, and | 16 | | activities in the conduct of sports wagering; (17) who presents | 17 | | questionable business practices and financial arrangements | 18 | | incidental to the conduct of sports wagering activities; or | 19 | | (18) for any other just cause. | 20 | | (i) The Board may suspend, revoke, or restrict any sports | 21 | | wagering skin license: (1) for violation of any provision of | 22 | | this Act; (2) for violation of any of the rules of the Board; | 23 | | (3) for any cause which, if known to the Board, would have | 24 | | disqualified the applicant from receiving the license; (4) for | 25 | | default in the payment of any obligation or debt due to the | 26 | | State of Illinois; or (5) for any other just cause. |
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| 1 | | (j) A person who knowingly makes a false statement on an | 2 | | application is guilty of a Class A misdemeanor. | 3 | | (k) To maintain public confidence, trust, and security in | 4 | | the credibility and integrity of sports wagering in this State | 5 | | as a new form of wagering that was previously unauthorized and | 6 | | because the Board must ensure that any applicant has not | 7 | | previously engaged in prohibited or questioned conduct, no | 8 | | online sports wagering license or sports wagering skin license | 9 | | shall be granted for a period of 3 years after the effective | 10 | | date of this Act: | 11 | | (1) to an applicant if the applicant, any affiliate of | 12 | | the applicant, or any officer or director of the applicant | 13 | | or its affiliate engaged in conduct constituting illegal | 14 | | gambling under any law of the United States, the State of | 15 | | Illinois, or another state as determined by a final | 16 | | decision of a court of competent jurisdiction or as | 17 | | described in an official opinion or pronouncement of the | 18 | | Attorney General of this State or any other state and | 19 | | continued to engage in such conduct after that opinion or | 20 | | pronouncement was issued; or | 21 | | (2) to a person who purchases, licenses, contracts for | 22 | | or with respect to, or uses any covered asset, in whole or | 23 | | in part, for the operation of sports wagering or with a | 24 | | purpose of operating sports wagering. Purchasing, | 25 | | licensing, contracting for or with respect to, or using a | 26 | | covered asset is grounds for revocation of an online sports |
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| 1 | | wagering license or a finding of unsuitability by the | 2 | | Board. | 3 | | The provisions of this subsection (k) do not apply to any | 4 | | applicant that can demonstrate to the Board, by clear and | 5 | | convincing evidence, that the conduct was not unlawful under | 6 | | any law of the United States, the State of Illinois, or the | 7 | | state where the conduct occurred, or that, in response to each | 8 | | final court decision or official opinion or pronouncement of | 9 | | the Attorney General of this State or any other state, such | 10 | | conduct was promptly ceased. This subsection (k) does not waive | 11 | | the applicant's burden of proof and obligation to comply with | 12 | | all other applicable licensing and suitability requirements | 13 | | set forth in this Act. | 14 | | (l) No online sports wagering license or sports wagering | 15 | | skin license shall be issued by the Board to any entity unless | 16 | | it has established its financial stability, responsibility, | 17 | | good character, honesty, and integrity. | 18 | | (m) The provisions of this Section are not deemed to be so | 19 | | intertwined with the other provisions, Sections, or | 20 | | applications of this Act that the General Assembly intended | 21 | | this Act to stand or fall as a whole if any provision of this | 22 | | Section or application thereof to any person or circumstance | 23 | | were held invalid or unenforceable by a court of competent | 24 | | jurisdiction. If any provision of this Section or application | 25 | | thereof to any person or circumstance is held invalid or | 26 | | unenforceable, then that invalidity or unenforceability does |
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| 1 | | not affect the other provisions, Sections, or applications of | 2 | | this Act that can be given effect without the invalid or | 3 | | unenforceable application or provision of this Section, and to | 4 | | this end the provisions of this Act that can be given effect | 5 | | are deemed severable. | 6 | | Section 5-40. Sports wagering license. | 7 | | (a) The Board shall issue 7 sports wagering licenses to an | 8 | | organization licensee or inter-track wagering location | 9 | | licensee under the Illinois Horse Racing Act of 1975, an owners | 10 | | licensee under the Riverboat Gambling Act, or a terminal | 11 | | operator under the Video Gaming Act that provides a | 12 | | nonrefundable license fee of $15,000,000. The sports wagering | 13 | | license may be renewed after 5 years upon payment of a $250,000 | 14 | | renewal fee. If more than 7 eligible applicants apply for a | 15 | | sports wagering license, the licenses shall be granted in the | 16 | | order in which the applications were received. If a license is | 17 | | revoked or not renewed, the Board may begin a new application | 18 | | process and issue a license in the order in which the | 19 | | application was received. | 20 | | (b) Each sports wagering licensee shall be limited to one | 21 | | sports wagering skin to provide sports wagering online. The | 22 | | sports wagering skin must reflect a brand owned by the sports | 23 | | wagering licensee or any affiliate of the sports wagering | 24 | | licensee in the United States. | 25 | | (c) An applicant for a sports wagering license that holds a |
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| 1 | | valid license to conduct sports wagering in another United | 2 | | States jurisdiction shall be issued a provisional license until | 3 | | the sports wagering license is issued or denied by the Board | 4 | | and the provisional license is effective upon issuance. | 5 | | Section 5-45. Management services provider license. | 6 | | (a) The holder of a sports wagering license or online | 7 | | sports wagering license may contract with an entity to conduct | 8 | | that operation in accordance with the rules of the Board. That | 9 | | entity shall obtain a license as a management services provider | 10 | | before the execution of any such contract, and the license | 11 | | shall be issued pursuant to the provisions of this Act and any | 12 | | rules adopted by the Board. | 13 | | (b) Each applicant for a management services provider | 14 | | license shall meet all requirements for licensure and pay a | 15 | | nonrefundable license and application fee of $250,000. The | 16 | | Board may adopt rules establishing additional requirements for | 17 | | an authorized management services provider. The Board may | 18 | | accept licensing by another jurisdiction that it specifically | 19 | | determines to have similar licensing requirements as evidence | 20 | | the applicant meets authorized management services provider | 21 | | licensing requirements. | 22 | | (c) Management services provider licenses shall be renewed | 23 | | annually to a licensee who continues to be in compliance with | 24 | | all requirements and who pays the annual renewal fee of | 25 | | $250,000. |
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| 1 | | (d) An entity or individual who shares in revenue, | 2 | | including an affiliate operating under a revenue share | 3 | | agreement, shall be licensed under this Section. | 4 | | Section 5-50. Supplier license. | 5 | | (a) The Board may issue a supplier license to a person to | 6 | | sell or lease sports wagering equipment, systems, or other | 7 | | gaming items necessary to conduct sports wagering, and offer | 8 | | services related to the equipment or other gaming items to a | 9 | | sports wagering licensee and online sports wagering licensee | 10 | | while the license is active. | 11 | | (b) The Board may adopt rules establishing additional | 12 | | requirements for a supplier and any system or other equipment | 13 | | utilized for sports wagering. The Board may accept licensing by | 14 | | another jurisdiction that it specifically determines to have | 15 | | similar licensing requirements as evidence the applicant meets | 16 | | supplier licensing requirements. | 17 | | (c) An applicant for a supplier license shall demonstrate | 18 | | that the equipment, system, or services that the applicant | 19 | | plans to offer to the sports wagering licensee or online sports | 20 | | wagering licensee conforms to standards established by the | 21 | | Board and applicable State law. The Board may accept approval | 22 | | by another jurisdiction that it specifically determines have | 23 | | similar equipment standards as evidence the applicant meets the | 24 | | standards established by the Board and applicable State law. | 25 | | (d) Applicants shall pay to the Board a nonrefundable |
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| 1 | | license and application fee in the amount of $100,000. After | 2 | | the initial one-year term, the Board shall renew supplier | 3 | | licenses annually thereafter. Renewal of a supplier license | 4 | | shall be granted to a renewal applicant who has continued to | 5 | | comply with all applicable statutory and regulatory | 6 | | requirements, upon submission of the Board-issued renewal form | 7 | | and payment of a $100,000 renewal fee. | 8 | | (e) A supplier shall submit to the Board a list of all | 9 | | sports wagering equipment and services sold, delivered to, or | 10 | | offered to a sports wagering licensee or online sports wagering | 11 | | licensee in this State, as required by the Board, all of which | 12 | | must be tested and approved by an independent testing | 13 | | laboratory approved by the Board. A sports wagering licensee | 14 | | and online sports wagering licensee may continue to use | 15 | | supplies acquired from a licensed supplier, even if a | 16 | | supplier's supplier license expires or is otherwise canceled, | 17 | | unless the Board finds a defect in the supplies. | 18 | | Section 5-55. Occupational license. | 19 | | (a) All persons employed to be engaged directly in sports | 20 | | wagering-related activities, or otherwise conducting or | 21 | | operating sports wagering, shall be licensed by the Board and | 22 | | maintain a valid occupational license at all times, and the | 23 | | Board shall issue the license to be employed in the operation | 24 | | of sports wagering to a person who meets the requirements of | 25 | | this Section. |
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| 1 | | (b) An occupational license to be employed by a gaming | 2 | | facility authorized to conduct sports wagering permits the | 3 | | licensee to be employed in the capacity designated by the Board | 4 | | while the license is still active. The Board may establish, by | 5 | | rule, job classifications with different requirements to | 6 | | recognize the extent to which a particular job has the ability | 7 | | to impact the proper operation of sports wagering. | 8 | | (c) Applicants shall submit any required application forms | 9 | | established by the Board and pay a nonrefundable application | 10 | | fee of $100. The fee may be paid on behalf of an applicant by | 11 | | the employer. | 12 | | (d) Each licensed employee shall pay to the Board an annual | 13 | | license fee of $100 by June 30 of each year. The fee may be paid | 14 | | on behalf of the licensed employee by the employer. In addition | 15 | | to a renewal fee, each licensed employee shall annually submit | 16 | | a renewal application on the form required by the Board. | 17 | | (e) An applicant for an occupational license that holds a | 18 | | valid license to be employed to work in a designated gaming | 19 | | area that has sports wagering or performs duties in furtherance | 20 | | of or associated with the operation of sports wagering in | 21 | | another United States jurisdiction shall be issued a | 22 | | provisional license to be employed to work in a designated | 23 | | gaming area that has sports wagering or performs duties in | 24 | | furtherance of or associated with the operation of sports | 25 | | wagering in the State until issued an occupational license by | 26 | | the Board and may begin employment in a designated gaming area |
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| 1 | | that has sports wagering or performing duties in furtherance of | 2 | | or associated with the operation of sports wagering on the | 3 | | operative date. | 4 | | Section 5-60. Authorization of sports wagering. | 5 | | (a) A person placing a wager with a sports wagering | 6 | | licensee or online sports wagering licensee shall be at least | 7 | | 21 years of age. | 8 | | (b) A licensee that offers tier 2 sports wagers must use | 9 | | official league data approved by the Board. If a licensee | 10 | | offers tier 2 sports wagers, it shall remit a royalty as | 11 | | provided under Section 5-80 to the appropriate sports governing | 12 | | body. | 13 | | Section 5-65. Compulsive gambling. Each sports wagering | 14 | | licensee and online sports wagering licensee shall include a | 15 | | statement regarding obtaining assistance with gambling | 16 | | problems, the text of which shall be determined by rule by the | 17 | | Department of Human Services, on the sports wagering licensee's | 18 | | and online sports wagering licensee's portal, Internet | 19 | | website, or computer or mobile application or app. | 20 | | Section 5-70. Sports wagering revenues; Sports Wagering | 21 | | Fund; impact fee. | 22 | | (a) For the privilege of holding a license to operate | 23 | | sports wagering under this Act, this State shall impose and |
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| 1 | | collect 25% of the sports wagering licensee's and online sports | 2 | | wagering licensee's adjusted gross sports wagering receipts | 3 | | from sports wagering. The accrual method of accounting shall be | 4 | | used for purposes of calculating the amount of the tax owed by | 5 | | the licensee. | 6 | | (b) The taxes levied and collected pursuant to subsection | 7 | | (a) are due and payable to the Board no later than the last day | 8 | | of the month following the calendar month in which the adjusted | 9 | | gross sports wagering receipts were received and the tax | 10 | | obligation was accrued. | 11 | | (c) The Sports Wagering Fund is hereby created as a special | 12 | | fund in the State treasury and all moneys collected under this | 13 | | Act by the Board shall be deposited into the Sports Wagering | 14 | | Fund and then transferred in equal amounts to the State | 15 | | Construction Account Fund, the Pension Stabilization Fund, and | 16 | | the Common School Fund. | 17 | | (d) For the privilege of holding a license to operate | 18 | | sports wagering under this Act and to compensate for the impact | 19 | | that sports wagering will have on wagers on horse races, each | 20 | | sports wagering licensee that derives its license from an | 21 | | organization license or inter-track wagering location license | 22 | | under the Illinois Horse Racing Act of 1975 shall monthly remit | 23 | | 2% of its adjusted gross sports wagering receipts to the Board. | 24 | | The Board shall deposit the moneys into the Horse Racing Purse | 25 | | Fund. |
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| 1 | | Section 5-75. Official league data. A sports governing body | 2 | | may notify the Board that it desires to supply official league | 3 | | data to licensees for determining the results of tier 2 sports | 4 | | wagers. Such notification shall be made in the form and manner | 5 | | as the Board may require. Within 30 days after such | 6 | | notification by a sports governing body, a sports wagering | 7 | | licensee, online sports wagering licensee, and sports wagering | 8 | | skin licensee shall use only official league data to determine | 9 | | the results of tier 2 sports wagers, unless the sports wagering | 10 | | licensee, online sports wagering licensee, or sports wagering | 11 | | skin licensee can demonstrate to the Board that the sports | 12 | | governing body or its designee cannot provide a feed of | 13 | | official league data to the sports wagering licensee, online | 14 | | sports wagering licensee, or sports wagering skin licensee on | 15 | | commercially reasonable terms. | 16 | | Section 5-80. Royalties to sports governing bodies. Upon | 17 | | use of official league data approved by the Board, licensees | 18 | | shall remit to the Board within 30 days after the end of each | 19 | | calendar quarter a royalty of 0.20% of the amounts wagered on | 20 | | tier 2 sports wagers. | 21 | | (1) The royalty shall be remitted on a form as the | 22 | | Board may require, on which the licensees shall identify | 23 | | the percentage of wagering during the reporting period | 24 | | attributable to each sports governing body's sports | 25 | | events. |
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| 1 | | (2) No later than April 30 of each year, a sports | 2 | | governing body may submit a request for disbursement funds | 3 | | remitted by licensees in the previous calendar year. The | 4 | | Board shall disburse the funds to the sports governing body | 5 | | in pro rata proportion of the total amount wagered on its | 6 | | sports events. No sports governing body is required to | 7 | | obtain a license from the Board in order to lawfully accept | 8 | | the funds provided for in this paragraph (2). | 9 | | (3) The Board shall annually publish a report stating | 10 | | the amount received from licensees in royalties and the | 11 | | amount paid to sports governing bodies. | 12 | | (4) Any unclaimed royalties shall be distributed to the | 13 | | licensees that timely remitted the royalties required | 14 | | under this Section to the Board. Such royalties shall be | 15 | | distributed to the eligible licensees on a pro rata basis. | 16 | | The Board shall cooperate with sports governing bodies and | 17 | | licensees to ensure the timely, efficient, and accurate sharing | 18 | | of information and the remittance of royalties to sports | 19 | | governing bodies or their designees. | 20 | | Section 5-85. Sports wagering license to organization | 21 | | licensee in Madison County. The Board may not issue a sports | 22 | | wagering license to an organization licensee located in Madison | 23 | | County until it receives an executed copy of a contractual | 24 | | agreement between the organization licensee in Madison County | 25 | | and an owners licensee conducting riverboat gambling from a |
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| 1 | | home dock in the City of East St. Louis to operate sports | 2 | | wagering by the organization licensee in Madison County to | 3 | | support the continued viability of the City of East St. Louis' | 4 | | local portion of gaming
taxes generated by the owners licensee. | 5 | | Section 5-90. Voluntary self-exclusion program for sports | 6 | | wagering. Any resident, or non-resident if allowed to | 7 | | participate in sports wagering, may voluntarily prohibit | 8 | | himself or herself from establishing a sports wagering account | 9 | | with a licensee under this Act. The Board and Department shall | 10 | | incorporate the voluntary self-exclusion program for sports | 11 | | wagering into any existing self-exclusion program that it | 12 | | operates on the effective date of this Act. | 13 | | Section 5-95. Prohibition on wagering on Illinois | 14 | | collegiate teams within Illinois. No licensee under this Act | 15 | | may accept a wager for a sports event taking place in the State | 16 | | involving an Illinois collegiate team. | 17 | | Section 5-100. Social equity in the sports wagering | 18 | | industry. | 19 | | (a) In the interest of establishing a legal sports wagering | 20 | | industry that is equitable and accessible to all business | 21 | | owners in the State, including economically and socially | 22 | | disadvantaged business owners, the General Assembly finds and | 23 | | declares that: |
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| 1 | | (1) a social equity program in legal sports wagering | 2 | | should be established; | 3 | | (2) disadvantaged business owners in Illinois have | 4 | | disproportionately not participated in the gambling | 5 | | industry; | 6 | | (3) as a result of the lack of participation in the | 7 | | gambling industry, many disadvantaged business owners have | 8 | | suffered negative consequences, including financial loss, | 9 | | lack of access to capital, community disinvestment, and | 10 | | business failure; | 11 | | (4) a significant portion of gambling revenues have | 12 | | been generated by economically and socially vulnerable | 13 | | people living in disproportionately impacted areas; | 14 | | (5) economically and socially vulnerable people have | 15 | | also disproportionately suffered the harms associated with | 16 | | gambling, including addiction, illegal betting penalties, | 17 | | community disinvestment, and financial loss; | 18 | | (6) economically and socially vulnerable people living | 19 | | in disproportionately impacted areas suffer the harms | 20 | | associated with unemployment, poverty, and violence; | 21 | | (7) as a result of the harms suffered from gambling, | 22 | | many economically and socially disadvantaged people have | 23 | | suffered negative consequences, including barriers to | 24 | | employment, business ownership, housing, health, and | 25 | | long-term financial well-being; and | 26 | | (8) promotion of business ownership by disadvantaged |
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| 1 | | business owners and individuals who have suffered negative | 2 | | consequences of gambling furthers an equitable legal | 3 | | sports wagering industry. | 4 | | Therefore, in the interest of addressing the harms | 5 | | resulting from the exclusion of disadvantaged business owners | 6 | | in gambling, and ensuring that economically and socially | 7 | | vulnerable individuals have an equitable opportunity for | 8 | | healthy participation in the sports wagering industry, the | 9 | | General Assembly finds and declares that a social equity | 10 | | program should offer, among other things, funding to addiction | 11 | | programs, create access to jobs as well as offer financial | 12 | | assistance and license application benefits to disadvantaged | 13 | | business owners who are interested in obtaining licenses, and | 14 | | capital to operate within the legal sports wagering industry. | 15 | | (b) In this Section: | 16 | | "Disadvantaged business owners" include minority-owned and | 17 | | women-owned owned businesses. | 18 | | "Disproportionately Impacted Area" means a census tract or | 19 | | comparable geographic area that satisfies the following | 20 | | criteria as determined by the Department of Commerce and | 21 | | Economic Opportunity, that meets at least one of the following | 22 | | criteria: | 23 | | (1) the area has a poverty rate of at least 20% | 24 | | according to the latest federal decennial census; | 25 | | (2) 5% or more of the children in the area participate | 26 | | in the federal free lunch program according to reported |
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| 1 | | statistics from the State Board of Education; | 2 | | (3) at least 20% of the households in the area receive | 3 | | assistance under the Supplemental Nutrition Assistance | 4 | | Program; or | 5 | | (4) the area has an average unemployment rate, as | 6 | | determined by the Illinois Department of Employment | 7 | | Security, that is more than 120% of the national | 8 | | unemployment average, as determined by the United States | 9 | | Department of Labor, for a period of at least 2 consecutive | 10 | | calendar years preceding the date of the application. | 11 | | "Ownership and control" means ownership of at least 51% of | 12 | | the business, including corporate stock if a corporation, and | 13 | | control over the management and day-to-day operations of the | 14 | | business and an interest in the capital, assets, and profits | 15 | | and losses of the business proportionate to percentage of | 16 | | ownership. | 17 | | "Principal officer" includes a sports wagering business | 18 | | establishment applicant or registered sports wagering business | 19 | | establishment's board member, owner with more than 1% interest | 20 | | of the total sports wagering business establishment or more | 21 | | than 5% interest of the total sports wagering business | 22 | | establishment of a publicly traded company, president, vice | 23 | | president, secretary, treasurer, partner, officer, member, | 24 | | manager member, or person with a profit sharing, financial | 25 | | interest, or revenue sharing arrangement. The definition | 26 | | includes a person with authority to control the sports wagering |
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| 1 | | business establishment, a person who assumes responsibility | 2 | | for the debts of the sports wagering business establishment and | 3 | | who is further defined in this Act. | 4 | | "Social Equity Applicant" means an applicant that is an | 5 | | Illinois resident that meets one of the following criteria: | 6 | | (1) an applicant with at least 51% ownership and | 7 | | control by one or more individuals who have resided for at | 8 | | least 5 of the preceding 10 years in a Disproportionately | 9 | | Impacted Area; or | 10 | | (2) for applicants with a minimum of 10 full-time | 11 | | employees, an applicant with at least 51% of current | 12 | | employees who currently reside in a Disproportionately | 13 | | Impacted Area. | 14 | | (c) The Department of Commerce and Economic Opportunity has | 15 | | the power to: | 16 | | (1) provide social equity loans and grants from | 17 | | appropriations from the General Revenue Fund to assist | 18 | | Social Equity Applicants in gaining entry to, and | 19 | | successfully operating in, the State's regulated sports | 20 | | wagering industry; | 21 | | (2) enter into agreements that set forth terms and | 22 | | conditions of the financial assistance, accept funds, or | 23 | | grants, and engage in cooperation with private entities and | 24 | | agencies of State or local government to carry out the | 25 | | purposes of this Section; | 26 | | (3) fix, determine, charge, and collect any premiums, |
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| 1 | | fees, charges, costs and expenses, including application | 2 | | fees, commitment fees, program fees, financing charges, | 3 | | and publication fees in connection with its activities | 4 | | under this Section; | 5 | | (4) coordinate assistance under this program with | 6 | | activities of the Department of Financial and Professional | 7 | | Regulation, the Board, and other agencies as needed to | 8 | | maximize the effectiveness and efficiency of this Act; | 9 | | (5) provide staff, administration, and related support | 10 | | required to administer this Section; | 11 | | (6) take whatever actions are necessary or appropriate | 12 | | to protect the State's interest in the event of bankruptcy, | 13 | | default, foreclosure, or noncompliance with the terms and | 14 | | conditions of financial assistance provided under this | 15 | | Section, including the ability to recapture funds if the | 16 | | recipient is found to be noncompliant with the terms and | 17 | | conditions of the financial assistance agreement; | 18 | | (7) establish application, notification, contract, and | 19 | | other forms, procedures, or rules deemed necessary and | 20 | | appropriate; and | 21 | | (8) utilize vendors or contract work to carry out the | 22 | | purposes of this Act. | 23 | | Loans made under this Section: | 24 | | (A) shall only be made if, in the Department of | 25 | | Commerce and Economic Opportunity's judgment, the project | 26 | | furthers the goals set forth in this Act; and |
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| 1 | | (B) shall be in such principal amount and form and | 2 | | contain such terms and provisions with respect to security, | 3 | | insurance, reporting, delinquency charges, default | 4 | | remedies, and other matters as the Department of Commerce | 5 | | and Economic Opportunity shall determine appropriate to | 6 | | protect the public interest and to be consistent with the | 7 | | purposes of this Section. The terms and provisions may be | 8 | | less than required for similar loans not covered by this | 9 | | Section. | 10 | | Grants made under this Section shall be awarded on a | 11 | | competitive and annual basis under the Grant Accountability and | 12 | | Transparency Act. Grants made under this Section shall further | 13 | | and promote the goals of this Act, including promotion of | 14 | | Social Equity Applicants, job training and workforce | 15 | | development, and technical assistance to Social Equity | 16 | | Applicants. | 17 | | Beginning January 1, 2021 and each year thereafter, the | 18 | | Department of Commerce and Economic Opportunity shall annually | 19 | | report to the Governor and the General Assembly on the outcomes | 20 | | and effectiveness of this action. The report shall include the | 21 | | following: | 22 | | (i) the number of persons or businesses receiving | 23 | | financial assistance under this Section; | 24 | | (ii) the amount in financial assistance awarded in the | 25 | | aggregate, in addition to the amount in loans made that are | 26 | | outstanding and the amount of grants awarded; |
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| 1 | | (iii) the location of the project engaged in by the | 2 | | person or business; and | 3 | | (iv) if applicable, the number of new jobs and other | 4 | | forms of economic output created as a result of the | 5 | | financial assistance. | 6 | | The Department of Commerce and Economic Opportunity shall | 7 | | include engagement with individuals with limited English | 8 | | proficiency as part of its outreach provided or targeted to | 9 | | attract and support Social Equity Applicants. | 10 | | (e) The Department of Financial and Professional | 11 | | Regulation and other appropriate State agencies shall waive 50% | 12 | | of any nonrefundable license application fees, any | 13 | | nonrefundable fees associated with applying for a license to | 14 | | operate a business establishment, and any surety bond or other | 15 | | financial requirements, provided a Social Equity Applicant | 16 | | meets the following qualifications at the time the payment is | 17 | | due: | 18 | | (1) the applicant, including all individuals and | 19 | | entities with 10% or greater ownership and all parent | 20 | | companies, subsidiaries, and affiliates, has less than a | 21 | | total of $750,000 of income in the previous calendar year; | 22 | | and | 23 | | (2) the applicant, including all individuals and | 24 | | entities with 10% or greater ownership and all parent | 25 | | companies, subsidiaries, and affiliates, has no more than 2 | 26 | | other licenses for business establishments in the State of |
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| 1 | | Illinois. | 2 | | The Department of Financial and Professional Regulation | 3 | | and the Board may require Social Equity Applicants to attest | 4 | | that they meet the requirements for a fee waiver as provided in | 5 | | this subsection and to provide evidence of annual total income | 6 | | in the previous calendar year. | 7 | | The Department of Financial and Professional Regulation | 8 | | and the Board shall be compensated at an equal amount to any | 9 | | fees waived under this subsection from moneys in the General | 10 | | Revenue Fund. | 11 | | If the Department of Financial and Professional Regulation | 12 | | or the Board determines that an applicant who applied as a | 13 | | Social Equity Applicant is not eligible for such status, the | 14 | | applicant shall be provided an additional 10 days to provide | 15 | | alternative evidence that he or she qualifies as a Social | 16 | | Equity Applicant. Alternatively, the applicant may pay the | 17 | | remainder of the waived fee and be considered as a non-Social | 18 | | Equity Applicant. If the applicant cannot do either, then the | 19 | | Department of Financial and Professional Responsibility or | 20 | | Board may keep the initial application fee and the application | 21 | | shall not be graded. | 22 | | (f) In the event a Social Equity Applicant seeks to | 23 | | transfer, sell, or grant a business establishment license | 24 | | within 5 years after it was issued to a person or entity that | 25 | | does not qualify as a Social Equity Applicant, the transfer | 26 | | agreement shall require the new license holder to pay the |
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| 1 | | General Revenue Fund an amount equal to: | 2 | | (1) any fees that were waived by any State agency based | 3 | | on the applicant's status as a Social Equity Applicant, if | 4 | | applicable; | 5 | | (2) any outstanding amount owed by the qualified Social | 6 | | Equity Applicant for a loan through the General Revenue | 7 | | Fund, if applicable; and | 8 | | (3) the full amount of any grants that the qualified | 9 | | Social Equity Applicant received from the Department of | 10 | | Commerce and Economic Opportunity, if applicable. | 11 | | Transfers of establishment licenses awarded to a Social | 12 | | Equity Applicant are subject to all other provisions of this | 13 | | Act and rules regarding transfers. | 14 | | (g) By January 1, 2021 and on January 1 of every year | 15 | | thereafter, or upon request by the Board, each business | 16 | | establishment licensed under this Act shall report to the | 17 | | Board, on a form to be provided by the Board, information that | 18 | | will allow it to assess the extent of diversity in the sports | 19 | | wagering industry and methods for reducing or eliminating any | 20 | | identified barriers to entry, including access to capital. The | 21 | | information shall include: | 22 | | (1) the number and percentage of licenses provided to | 23 | | businesses owned by minorities, women, veterans, and | 24 | | people with disabilities; | 25 | | (2) the total number and percentage of employees in the | 26 | | sports wagering industry who are minorities, women, |
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| 1 | | veterans, or people with disabilities; and | 2 | | (3) recommendations on reducing or eliminating any | 3 | | identified barriers to entry, including access to capital, | 4 | | in the sports wagering industry. | 5 | | (h) A sports wagering licensee shall identify of one of the | 6 | | following Social Equity Inclusion Plans to be completed by | 7 | | March 31, 2021: | 8 | | (1) make a contribution of 3% of total sales from June | 9 | | 1, 2018 to June 1, 2019, or $100,000, whichever is less, to | 10 | | the Business Development Fund; | 11 | | (2) make a grant of 3% of total sales from June 1, 2018 | 12 | | to June 1, 2019, or $100,000, whichever is less, to a | 13 | | sports wagering industry training or education program at | 14 | | an Illinois community college as defined in the Public | 15 | | Community College Act; | 16 | | (3) make a donation of $100,000 or more to a program | 17 | | that provides job training services to persons recently | 18 | | incarcerated or that operates in a Disproportionately | 19 | | Impacted Area; | 20 | | (4) participate as a host in a business incubator | 21 | | program approved by the Department of Commerce and Economic | 22 | | Opportunity, and in which a sports wagering licensee agrees | 23 | | to provide a loan of at least $100,000 and mentorship to | 24 | | incubate a licensee that qualifies as a Social Equity | 25 | | Applicant for at least a year. As used in this paragraph | 26 | | (4), "incubate" means providing direct financial |
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| 1 | | assistance and training necessary to engage in licensed | 2 | | sports wagering activity similar to that of the host | 3 | | licensee. The sports wagering licensee or the same entity | 4 | | holding any other licenses issued pursuant to this Act | 5 | | shall not take an ownership stake of greater than 10% in | 6 | | any business receiving incubation services to comply with | 7 | | this subsection. If a sports wagering licensee fails to | 8 | | find a business to incubate to comply with this subsection | 9 | | before its license expires, it may opt to meet the | 10 | | requirement of this subsection by completing another item | 11 | | from this subsection; or | 12 | | (5) participate in a sponsorship program approved by | 13 | | the Department of Commerce and Economic Opportunity in | 14 | | which a sports wagering licensee agrees to provide an | 15 | | interest-free loan of at least $200,000 to a Social Equity | 16 | | Applicant for at least 2 years. The sponsor shall not take | 17 | | an ownership stake in a business establishment receiving | 18 | | sponsorship services to comply with this subsection. | 19 | | Section 5-105. Community program. | 20 | | (a) The General Assembly finds that in order to address the | 21 | | disparities described below, aggressive approaches and | 22 | | targeted resources to support local design and control of | 23 | | community-based responses to these outcomes are required, | 24 | | which requires identification and support of community assets | 25 | | that address components of the social determinants of health. |
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| 1 | | To carry out this intent, a program is created for the | 2 | | following purposes: | 3 | | (1) to directly address the impact of economic | 4 | | disinvestment by providing resources to support local | 5 | | design and control of community-based responses to these | 6 | | impacts; | 7 | | (2) to substantially reduce concentrated poverty in | 8 | | this State; | 9 | | (3) to protect communities through targeted | 10 | | investments and intervention programs, including economic | 11 | | growth and public health prevention activities; | 12 | | (4) to promote employment infrastructure and capacity | 13 | | building related to the social determinants of health in | 14 | | the eligible community areas. | 15 | | (b) In this Section, "Authority" means the Illinois | 16 | | Criminal Justice Information Authority. | 17 | | (c) Eligibility of Qualified Areas. Within 60 days after | 18 | | the effective date of this Act, the Authority shall identify | 19 | | eligible areas in this State by way of historically recognized | 20 | | geographic boundaries, to be designated by the program board as | 21 | | Qualified Areas and therefore eligible to apply for program | 22 | | funding. Local groups within Qualified Areas will be eligible | 23 | | to apply for State funding through the program board. | 24 | | Qualifications for designation as a Qualified Area are as | 25 | | follows: | 26 | | (1) Based on an analysis of data, communities in this |
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| 1 | | State that are high need, underserved, disproportionately | 2 | | impacted by historical economic disinvestment, | 3 | | unemployment, child poverty rates, and commitments to and | 4 | | returns from the Department of Corrections. | 5 | | (2) The Authority shall send to the Legislative Audit | 6 | | Commission and make publicly available its analysis and | 7 | | identification of eligible Qualified Areas and shall | 8 | | recalculate the eligibility data every 4 years. On an | 9 | | annual basis, the Authority shall analyze data and indicate | 10 | | if data covering any Qualified Area or portion of a | 11 | | Qualified Area has, for 4 consecutive years, substantially | 12 | | deviated from the average of statewide data on which the | 13 | | original calculation was made to determine the Qualified | 14 | | Areas, including disinvestment, unemployment, child | 15 | | poverty rates, or commitments to or returns from the | 16 | | Department of Corrections. | 17 | | (d) The program board shall encourage collaborative | 18 | | partnerships within each Qualified Area to minimize multiple | 19 | | partnerships per Qualified Area. | 20 | | (e) The program board is created and shall reflect the | 21 | | diversity of the State of Illinois, including geographic, | 22 | | racial, and ethnic diversity. Using the data provided by the | 23 | | Authority, the program board shall be responsible for | 24 | | designating the Qualified Area boundaries and for the selection | 25 | | and oversight of Qualified Area grantees. The following program | 26 | | board co-chairs and members shall, within 4 months after the |
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| 1 | | effective date of this Act, convene the program board to | 2 | | appoint a full program board and oversee, provide guidance to, | 3 | | and develop an administrative structure for the program: | 4 | | (1) The Governor, or his or her designee, who shall | 5 | | serve as co-chair. | 6 | | (2) The Attorney General, or his or her designee, who | 7 | | shall serve as co-chair. | 8 | | (3) The Director of Commerce and Economic Opportunity, | 9 | | or his or her designee. | 10 | | (4) The Chairman of the Illinois Gaming Board, or his | 11 | | or her designee. | 12 | | (5) The Director of Corrections, or his or her | 13 | | designee. | 14 | | (6) The Executive Director of the Illinois Criminal | 15 | | Justice Information Authority, or his or her designee. | 16 | | (7) The Director of Employment Security, or his or her | 17 | | designee. | 18 | | (8) The Secretary of Human Services, or his or her | 19 | | designee. | 20 | | (9) A member of the Senate, designated by the President | 21 | | of the Senate. | 22 | | (10) A member of the House of Representatives, | 23 | | designated by the Speaker of the House of Representatives. | 24 | | (11) A member of the Senate, designated by the Minority | 25 | | Leader of the Senate. | 26 | | (12) A member of the House of Representatives, |
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| 1 | | designated by the Minority Leader of the House of | 2 | | Representatives. | 3 | | Within 60 days after the Qualified Areas have been | 4 | | designated by the program board, the following members shall be | 5 | | appointed to the program board by the members identified in | 6 | | paragraphs (1) through (12) of this subsection (e): | 7 | | (i) The highest elected public officials of municipal | 8 | | geographic jurisdictions in the State that include a | 9 | | Qualified Area, or their designees; | 10 | | (ii) Four community-based providers or community | 11 | | development organization representatives who provide | 12 | | services to treat violence and address the social | 13 | | determinants of health, or promote community investment, | 14 | | including, but not limited to, services such as job | 15 | | placement and training, educational services, workforce | 16 | | development programming, and wealth building. The | 17 | | community-based organization representatives shall work | 18 | | primarily in jurisdictions that include a Qualified Area | 19 | | and no more than 2 representatives shall work primarily in | 20 | | Cook County. At least one of the community-based providers | 21 | | shall have expertise in providing services to an immigrant | 22 | | population; | 23 | | (iii) Two experts in the field of violence reduction; | 24 | | (iv) One male who has previously been incarcerated over | 25 | | the age of 24 at time of appointment; | 26 | | (v) One female who has previously been incarcerated |
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| 1 | | over the age of 24 at time of appointment; | 2 | | (vi) Two individuals who have previously been | 3 | | incarcerated between the ages of 17 and 24 at time of | 4 | | appointment. | 5 | | As used in this subsection (e), "an individual who has been | 6 | | previously incarcerated" means a person who has been convicted | 7 | | of or pled guilty to one or more felonies, who was sentenced to | 8 | | a term of imprisonment, and who has completed his or her | 9 | | sentence. | 10 | | Program board members shall serve without compensation and | 11 | | may be reimbursed for reasonable expenses incurred in the | 12 | | performance of their duties from funds appropriated for that | 13 | | purpose. Once all its members have been appointed as outlined | 14 | | in paragraphs (i) through (vi) of this subsection (e), the | 15 | | program board may exercise any power, perform any function, | 16 | | take any action, or do anything in furtherance of its purposes | 17 | | and goals upon the appointment of a quorum of its members. The | 18 | | terms of the members identified in paragraphs (i) through (vi) | 19 | | of this subsection (e) and General Assembly Board members shall | 20 | | be 4 years. | 21 | | (f) Within 12 months after the effective date of this Act, | 22 | | the program board shall: | 23 | | (1) develop a process to solicit applications from | 24 | | eligible Qualified Areas; | 25 | | (2) develop a standard template for both planning and | 26 | | implementation activities to be submitted by Qualified |
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| 1 | | Areas to the State; | 2 | | (3) identify resources sufficient to support the full | 3 | | administration and evaluation of the program, including | 4 | | building and sustaining core program capacity at the | 5 | | community and State levels; | 6 | | (4) review Qualified Area grant applications and | 7 | | proposed agreements and approve the distribution of | 8 | | resources; | 9 | | (5) identify and fund an organization or organizations | 10 | | to provide training and technical assistance to Qualified | 11 | | Area applicants or grantees who may need capacity building | 12 | | support, including data collection support. The identified | 13 | | organization or organizations may serve as a fiscal agent | 14 | | for the purpose of ensuring that potential applicants in | 15 | | eligible Qualified Areas are not deemed ineligible; | 16 | | (6) develop a performance measurement system that | 17 | | focuses on positive outcomes and includes, but is not | 18 | | limited to: key performance indicators related to: the | 19 | | social determinants of health; the root causes of violence; | 20 | | outreach, intervention, and support for individuals at | 21 | | highest risk of violence; and decreasing the use of and | 22 | | impacts of a historical overuse of criminal justice | 23 | | responses, incarceration, and correctional control; | 24 | | (7) develop a process to support ongoing monitoring and | 25 | | evaluation of the program; and | 26 | | (8) deliver an annual report to the General Assembly |
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| 1 | | and to the Governor to be posted on the Governor's Office | 2 | | and General Assembly websites and provide to the public an | 3 | | annual report on its progress. | 4 | | (g) Qualified Area grants. | 5 | | (1) Grant funds shall be awarded by the program board | 6 | | based on the likelihood that the plan will achieve the | 7 | | outcomes outlined in subsection (a) and consistent with the | 8 | | requirements of the Grant Accountability and Transparency | 9 | | Act. The program shall also facilitate the provision of | 10 | | training and technical assistance for capacity building | 11 | | within and among Qualified Areas. | 12 | | (2) Recipients of program board grants shall, within | 13 | | the first 3 to 6 months of operation: | 14 | | (A) use data analysis and community input to | 15 | | assess: the needs and assets of the community and | 16 | | identify the issue or problems to be addressed related | 17 | | to the social determinants of health; the root causes | 18 | | of violence; and outreach, intervention, and support | 19 | | for individuals at highest risk of violence; | 20 | | (B) identify and use models, programs, and | 21 | | interventions that have a basis in evidence or best | 22 | | practice research for addressing needs and supporting | 23 | | assets related to: the social determinants of health; | 24 | | the root causes of violence; and outreach, | 25 | | intervention, and support for individuals at highest | 26 | | risk of violence; |
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| 1 | | (C) develop programming that will reduce the use of | 2 | | the criminal justice system to reduce violence and | 3 | | increase public safety; and | 4 | | (D) develop performance measures that track the | 5 | | outcomes to be achieved. | 6 | | (3) The program board and the Qualified Area grantees | 7 | | shall, within a period of no more than 2 months from the | 8 | | completion of planning activities described in this | 9 | | Section, finalize an agreement on the plan for | 10 | | implementation. Implementation activities shall: | 11 | | (A) have a basis in evidence or best practice | 12 | | research or have evaluations demonstrating the | 13 | | capacity to address: needs and support assets related | 14 | | to the social determinants of health; the root causes | 15 | | of violence; and outreach, intervention, and support | 16 | | for individuals at highest risk of violence; to produce | 17 | | desired outcomes; | 18 | | (B) include collection of data from the inception | 19 | | of planning activities through implementation, with | 20 | | data collection technical assistance when needed, | 21 | | including cost data and data related to identified | 22 | | meaningful short-term, mid-term, and long-term goals | 23 | | and metrics; | 24 | | (C) include reporting data to the program board | 25 | | biannually; and | 26 | | (D) set aside a percentage of the total grant for |
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| 1 | | core program capacity to support effective | 2 | | implementation to include: | 3 | | (i) Dedicated staff at the community level to | 4 | | administer and coordinate the program. | 5 | | (ii) Data collection technology and staff to | 6 | | facilitate feedback between the State and local | 7 | | stakeholders. | 8 | | (iii) Monitoring and evaluation. | 9 | | (iv) Engagement in training and technical | 10 | | assistance with other Qualified Area grantees from | 11 | | the State and other sources, including peer | 12 | | learning and cross training from other programs. | 13 | | Section 5-110. Supplier diversity goals. | 14 | | (a) The public policy of this State is to collaboratively | 15 | | work with companies that serve Illinois residents to improve | 16 | | their supplier diversity in a non-antagonistic manner. | 17 | | (b) The Board shall require all licensees under this Act to | 18 | | submit an annual report by April 15, 2020 and every April 15 | 19 | | thereafter, in a searchable Adobe PDF format, on all | 20 | | procurement goals and actual spending for female-owned, | 21 | | minority-owned, veteran-owned, and small business enterprises | 22 | | in the previous calendar year. These goals shall be expressed | 23 | | as a percentage of the total work performed by the entity | 24 | | submitting the report, and the actual spending for all | 25 | | female-owned, minority-owned, veteran-owned, and small |
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| 1 | | business enterprises shall also be expressed as a percentage of | 2 | | the total work performed by the entity submitting the report. | 3 | | (c) Each licensee in its annual report shall include the | 4 | | following information: | 5 | | (1) an explanation of the plan for the next year to
| 6 | | increase participation; | 7 | | (2) an explanation of the plan to increase the goals; | 8 | | (3) the areas of procurement each licensee shall be
| 9 | | actively seeking more participation in the next year; | 10 | | (4) an outline of the plan to alert and encourage
| 11 | | potential vendors in that area to seek business from the | 12 | | licensee; | 13 | | (5) an explanation of the challenges faced in finding
| 14 | | quality vendors and offer any suggestions for what the | 15 | | Board could do to be helpful to identify those vendors; | 16 | | (6) a list of the certifications the licensee
| 17 | | recognizes; | 18 | | (7) the point of contact for any potential vendor who
| 19 | | wishes to do business with the licensee and explain the | 20 | | process for a vendor to enroll with the licensee as a | 21 | | minority-owned, women-owned, or veteran-owned company; and | 22 | | (8) any particular success stories to encourage other
| 23 | | licensee to emulate best practices. | 24 | | (d) Each annual report shall include as much State-specific | 25 | | data as possible. If the submitting entity does not submit | 26 | | State-specific data, then the licensee shall include any |
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| 1 | | national data it does have and explain why it could not submit | 2 | | State-specific data and how it intends to do so in future | 3 | | reports, if possible. | 4 | | (e) Each annual report shall include the rules, | 5 | | regulations, and definitions used for the procurement goals in | 6 | | the licensee's annual report. | 7 | | (f) The Board and all licensees shall hold an annual | 8 | | workshop open to the public in 2020 and every year thereafter | 9 | | on the state of supplier diversity to collaboratively seek | 10 | | solutions to structural impediments to achieving stated goals, | 11 | | including testimony from each licensee as well as subject | 12 | | matter experts and advocates. The Board shall publish a | 13 | | database on its website of the point of contact for each | 14 | | licensee for supplier diversity, along with a list of | 15 | | certifications each licensee recognizes from the information | 16 | | submitted in each annual report. The Board shall publish each | 17 | | annual report on its website and shall maintain each annual | 18 | | report for at least 5 years. | 19 | | Section 5-115. Report to General Assembly. On or before | 20 | | January 15, 2023, the Board shall provide a report to the | 21 | | General Assembly on sports wagering conducted under this Act | 22 | | during the 3 years following the effective date of this Act. | 23 | | Article 900. Amendatory Provisions |
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| 1 | | Section 900-1. The Illinois Administrative Procedure Act | 2 | | is amended by changing Section 5-45 as follows: | 3 | | (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45) | 4 | | Sec. 5-45. Emergency rulemaking. | 5 | | (a) "Emergency" means the existence of any situation that | 6 | | any agency
finds reasonably constitutes a threat to the public | 7 | | interest, safety, or
welfare. | 8 | | (b) If any agency finds that an
emergency exists that | 9 | | requires adoption of a rule upon fewer days than
is required by | 10 | | Section 5-40 and states in writing its reasons for that
| 11 | | finding, the agency may adopt an emergency rule without prior | 12 | | notice or
hearing upon filing a notice of emergency rulemaking | 13 | | with the Secretary of
State under Section 5-70. The notice | 14 | | shall include the text of the
emergency rule and shall be | 15 | | published in the Illinois Register. Consent
orders or other | 16 | | court orders adopting settlements negotiated by an agency
may | 17 | | be adopted under this Section. Subject to applicable | 18 | | constitutional or
statutory provisions, an emergency rule | 19 | | becomes effective immediately upon
filing under Section 5-65 or | 20 | | at a stated date less than 10 days
thereafter. The agency's | 21 | | finding and a statement of the specific reasons
for the finding | 22 | | shall be filed with the rule. The agency shall take
reasonable | 23 | | and appropriate measures to make emergency rules known to the
| 24 | | persons who may be affected by them. | 25 | | (c) An emergency rule may be effective for a period of not |
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| 1 | | longer than
150 days, but the agency's authority to adopt an | 2 | | identical rule under Section
5-40 is not precluded. No | 3 | | emergency rule may be adopted more
than once in any 24-month | 4 | | period, except that this limitation on the number
of emergency | 5 | | rules that may be adopted in a 24-month period does not apply
| 6 | | to (i) emergency rules that make additions to and deletions | 7 | | from the Drug
Manual under Section 5-5.16 of the Illinois | 8 | | Public Aid Code or the
generic drug formulary under Section | 9 | | 3.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) | 10 | | emergency rules adopted by the Pollution Control
Board before | 11 | | July 1, 1997 to implement portions of the Livestock Management
| 12 | | Facilities Act, (iii) emergency rules adopted by the Illinois | 13 | | Department of Public Health under subsections (a) through (i) | 14 | | of Section 2 of the Department of Public Health Act when | 15 | | necessary to protect the public's health, (iv) emergency rules | 16 | | adopted pursuant to subsection (n) of this Section, (v) | 17 | | emergency rules adopted pursuant to subsection (o) of this | 18 | | Section, or (vi) emergency rules adopted pursuant to subsection | 19 | | (c-5) of this Section. Two or more emergency rules having | 20 | | substantially the same
purpose and effect shall be deemed to be | 21 | | a single rule for purposes of this
Section. | 22 | | (c-5) To facilitate the maintenance of the program of group | 23 | | health benefits provided to annuitants, survivors, and retired | 24 | | employees under the State Employees Group Insurance Act of | 25 | | 1971, rules to alter the contributions to be paid by the State, | 26 | | annuitants, survivors, retired employees, or any combination |
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| 1 | | of those entities, for that program of group health benefits, | 2 | | shall be adopted as emergency rules. The adoption of those | 3 | | rules shall be considered an emergency and necessary for the | 4 | | public interest, safety, and welfare. | 5 | | (d) In order to provide for the expeditious and timely | 6 | | implementation
of the State's fiscal year 1999 budget, | 7 | | emergency rules to implement any
provision of Public Act 90-587 | 8 | | or 90-588
or any other budget initiative for fiscal year 1999 | 9 | | may be adopted in
accordance with this Section by the agency | 10 | | charged with administering that
provision or initiative, | 11 | | except that the 24-month limitation on the adoption
of | 12 | | emergency rules and the provisions of Sections 5-115 and 5-125 | 13 | | do not apply
to rules adopted under this subsection (d). The | 14 | | adoption of emergency rules
authorized by this subsection (d) | 15 | | shall be deemed to be necessary for the
public interest, | 16 | | safety, and welfare. | 17 | | (e) In order to provide for the expeditious and timely | 18 | | implementation
of the State's fiscal year 2000 budget, | 19 | | emergency rules to implement any
provision of Public Act 91-24
| 20 | | or any other budget initiative for fiscal year 2000 may be | 21 | | adopted in
accordance with this Section by the agency charged | 22 | | with administering that
provision or initiative, except that | 23 | | the 24-month limitation on the adoption
of emergency rules and | 24 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 25 | | rules adopted under this subsection (e). The adoption of | 26 | | emergency rules
authorized by this subsection (e) shall be |
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| 1 | | deemed to be necessary for the
public interest, safety, and | 2 | | welfare. | 3 | | (f) In order to provide for the expeditious and timely | 4 | | implementation
of the State's fiscal year 2001 budget, | 5 | | emergency rules to implement any
provision of Public Act 91-712
| 6 | | or any other budget initiative for fiscal year 2001 may be | 7 | | adopted in
accordance with this Section by the agency charged | 8 | | with administering that
provision or initiative, except that | 9 | | the 24-month limitation on the adoption
of emergency rules and | 10 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 11 | | rules adopted under this subsection (f). The adoption of | 12 | | emergency rules
authorized by this subsection (f) shall be | 13 | | deemed to be necessary for the
public interest, safety, and | 14 | | welfare. | 15 | | (g) In order to provide for the expeditious and timely | 16 | | implementation
of the State's fiscal year 2002 budget, | 17 | | emergency rules to implement any
provision of Public Act 92-10
| 18 | | or any other budget initiative for fiscal year 2002 may be | 19 | | adopted in
accordance with this Section by the agency charged | 20 | | with administering that
provision or initiative, except that | 21 | | the 24-month limitation on the adoption
of emergency rules and | 22 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 23 | | rules adopted under this subsection (g). The adoption of | 24 | | emergency rules
authorized by this subsection (g) shall be | 25 | | deemed to be necessary for the
public interest, safety, and | 26 | | welfare. |
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| 1 | | (h) In order to provide for the expeditious and timely | 2 | | implementation
of the State's fiscal year 2003 budget, | 3 | | emergency rules to implement any
provision of Public Act 92-597
| 4 | | or any other budget initiative for fiscal year 2003 may be | 5 | | adopted in
accordance with this Section by the agency charged | 6 | | with administering that
provision or initiative, except that | 7 | | the 24-month limitation on the adoption
of emergency rules and | 8 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 9 | | rules adopted under this subsection (h). The adoption of | 10 | | emergency rules
authorized by this subsection (h) shall be | 11 | | deemed to be necessary for the
public interest, safety, and | 12 | | welfare. | 13 | | (i) In order to provide for the expeditious and timely | 14 | | implementation
of the State's fiscal year 2004 budget, | 15 | | emergency rules to implement any
provision of Public Act 93-20
| 16 | | or any other budget initiative for fiscal year 2004 may be | 17 | | adopted in
accordance with this Section by the agency charged | 18 | | with administering that
provision or initiative, except that | 19 | | the 24-month limitation on the adoption
of emergency rules and | 20 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 21 | | rules adopted under this subsection (i). The adoption of | 22 | | emergency rules
authorized by this subsection (i) shall be | 23 | | deemed to be necessary for the
public interest, safety, and | 24 | | welfare. | 25 | | (j) In order to provide for the expeditious and timely | 26 | | implementation of the provisions of the State's fiscal year |
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| 1 | | 2005 budget as provided under the Fiscal Year 2005 Budget | 2 | | Implementation (Human Services) Act, emergency rules to | 3 | | implement any provision of the Fiscal Year 2005 Budget | 4 | | Implementation (Human Services) Act may be adopted in | 5 | | accordance with this Section by the agency charged with | 6 | | administering that provision, except that the 24-month | 7 | | limitation on the adoption of emergency rules and the | 8 | | provisions of Sections 5-115 and 5-125 do not apply to rules | 9 | | adopted under this subsection (j). The Department of Public Aid | 10 | | may also adopt rules under this subsection (j) necessary to | 11 | | administer the Illinois Public Aid Code and the Children's | 12 | | Health Insurance Program Act. The adoption of emergency rules | 13 | | authorized by this subsection (j) shall be deemed to be | 14 | | necessary for the public interest, safety, and welfare.
| 15 | | (k) In order to provide for the expeditious and timely | 16 | | implementation of the provisions of the State's fiscal year | 17 | | 2006 budget, emergency rules to implement any provision of | 18 | | Public Act 94-48 or any other budget initiative for fiscal year | 19 | | 2006 may be adopted in accordance with this Section by the | 20 | | agency charged with administering that provision or | 21 | | initiative, except that the 24-month limitation on the adoption | 22 | | of emergency rules and the provisions of Sections 5-115 and | 23 | | 5-125 do not apply to rules adopted under this subsection (k). | 24 | | The Department of Healthcare and Family Services may also adopt | 25 | | rules under this subsection (k) necessary to administer the | 26 | | Illinois Public Aid Code, the Senior Citizens and Persons with |
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| 1 | | Disabilities Property Tax Relief Act, the Senior Citizens and | 2 | | Disabled Persons Prescription Drug Discount Program Act (now | 3 | | the Illinois Prescription Drug Discount Program Act), and the | 4 | | Children's Health Insurance Program Act. The adoption of | 5 | | emergency rules authorized by this subsection (k) shall be | 6 | | deemed to be necessary for the public interest, safety, and | 7 | | welfare.
| 8 | | (l) In order to provide for the expeditious and timely | 9 | | implementation of the provisions of the
State's fiscal year | 10 | | 2007 budget, the Department of Healthcare and Family Services | 11 | | may adopt emergency rules during fiscal year 2007, including | 12 | | rules effective July 1, 2007, in
accordance with this | 13 | | subsection to the extent necessary to administer the | 14 | | Department's responsibilities with respect to amendments to | 15 | | the State plans and Illinois waivers approved by the federal | 16 | | Centers for Medicare and Medicaid Services necessitated by the | 17 | | requirements of Title XIX and Title XXI of the federal Social | 18 | | Security Act. The adoption of emergency rules
authorized by | 19 | | this subsection (l) shall be deemed to be necessary for the | 20 | | public interest,
safety, and welfare.
| 21 | | (m) In order to provide for the expeditious and timely | 22 | | implementation of the provisions of the
State's fiscal year | 23 | | 2008 budget, the Department of Healthcare and Family Services | 24 | | may adopt emergency rules during fiscal year 2008, including | 25 | | rules effective July 1, 2008, in
accordance with this | 26 | | subsection to the extent necessary to administer the |
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| 1 | | Department's responsibilities with respect to amendments to | 2 | | the State plans and Illinois waivers approved by the federal | 3 | | Centers for Medicare and Medicaid Services necessitated by the | 4 | | requirements of Title XIX and Title XXI of the federal Social | 5 | | Security Act. The adoption of emergency rules
authorized by | 6 | | this subsection (m) shall be deemed to be necessary for the | 7 | | public interest,
safety, and welfare.
| 8 | | (n) In order to provide for the expeditious and timely | 9 | | implementation of the provisions of the State's fiscal year | 10 | | 2010 budget, emergency rules to implement any provision of | 11 | | Public Act 96-45 or any other budget initiative authorized by | 12 | | the 96th General Assembly for fiscal year 2010 may be adopted | 13 | | in accordance with this Section by the agency charged with | 14 | | administering that provision or initiative. The adoption of | 15 | | emergency rules authorized by this subsection (n) shall be | 16 | | deemed to be necessary for the public interest, safety, and | 17 | | welfare. The rulemaking authority granted in this subsection | 18 | | (n) shall apply only to rules promulgated during Fiscal Year | 19 | | 2010. | 20 | | (o) In order to provide for the expeditious and timely | 21 | | implementation of the provisions of the State's fiscal year | 22 | | 2011 budget, emergency rules to implement any provision of | 23 | | Public Act 96-958 or any other budget initiative authorized by | 24 | | the 96th General Assembly for fiscal year 2011 may be adopted | 25 | | in accordance with this Section by the agency charged with | 26 | | administering that provision or initiative. The adoption of |
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| 1 | | emergency rules authorized by this subsection (o) is deemed to | 2 | | be necessary for the public interest, safety, and welfare. The | 3 | | rulemaking authority granted in this subsection (o) applies | 4 | | only to rules promulgated on or after July 1, 2010 (the | 5 | | effective date of Public Act 96-958) through June 30, 2011. | 6 | | (p) In order to provide for the expeditious and timely | 7 | | implementation of the provisions of Public Act 97-689, | 8 | | emergency rules to implement any provision of Public Act 97-689 | 9 | | may be adopted in accordance with this subsection (p) by the | 10 | | agency charged with administering that provision or | 11 | | initiative. The 150-day limitation of the effective period of | 12 | | emergency rules does not apply to rules adopted under this | 13 | | subsection (p), and the effective period may continue through | 14 | | June 30, 2013. The 24-month limitation on the adoption of | 15 | | emergency rules does not apply to rules adopted under this | 16 | | subsection (p). The adoption of emergency rules authorized by | 17 | | this subsection (p) is deemed to be necessary for the public | 18 | | interest, safety, and welfare. | 19 | | (q) In order to provide for the expeditious and timely | 20 | | implementation of the provisions of Articles 7, 8, 9, 11, and | 21 | | 12 of Public Act 98-104, emergency rules to implement any | 22 | | provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104 | 23 | | may be adopted in accordance with this subsection (q) by the | 24 | | agency charged with administering that provision or | 25 | | initiative. The 24-month limitation on the adoption of | 26 | | emergency rules does not apply to rules adopted under this |
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| 1 | | subsection (q). The adoption of emergency rules authorized by | 2 | | this subsection (q) is deemed to be necessary for the public | 3 | | interest, safety, and welfare. | 4 | | (r) In order to provide for the expeditious and timely | 5 | | implementation of the provisions of Public Act 98-651, | 6 | | emergency rules to implement Public Act 98-651 may be adopted | 7 | | in accordance with this subsection (r) by the Department of | 8 | | Healthcare and Family Services. The 24-month limitation on the | 9 | | adoption of emergency rules does not apply to rules adopted | 10 | | under this subsection (r). The adoption of emergency rules | 11 | | authorized by this subsection (r) is deemed to be necessary for | 12 | | the public interest, safety, and welfare. | 13 | | (s) In order to provide for the expeditious and timely | 14 | | implementation of the provisions of Sections 5-5b.1 and 5A-2 of | 15 | | the Illinois Public Aid Code, emergency rules to implement any | 16 | | provision of Section 5-5b.1 or Section 5A-2 of the Illinois | 17 | | Public Aid Code may be adopted in accordance with this | 18 | | subsection (s) by the Department of Healthcare and Family | 19 | | Services. The rulemaking authority granted in this subsection | 20 | | (s) shall apply only to those rules adopted prior to July 1, | 21 | | 2015. Notwithstanding any other provision of this Section, any | 22 | | emergency rule adopted under this subsection (s) shall only | 23 | | apply to payments made for State fiscal year 2015. The adoption | 24 | | of emergency rules authorized by this subsection (s) is deemed | 25 | | to be necessary for the public interest, safety, and welfare. | 26 | | (t) In order to provide for the expeditious and timely |
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| 1 | | implementation of the provisions of Article II of Public Act | 2 | | 99-6, emergency rules to implement the changes made by Article | 3 | | II of Public Act 99-6 to the Emergency Telephone System Act may | 4 | | be adopted in accordance with this subsection (t) by the | 5 | | Department of State Police. The rulemaking authority granted in | 6 | | this subsection (t) shall apply only to those rules adopted | 7 | | prior to July 1, 2016. The 24-month limitation on the adoption | 8 | | of emergency rules does not apply to rules adopted under this | 9 | | subsection (t). The adoption of emergency rules authorized by | 10 | | this subsection (t) is deemed to be necessary for the public | 11 | | interest, safety, and welfare. | 12 | | (u) In order to provide for the expeditious and timely | 13 | | implementation of the provisions of the Burn Victims Relief | 14 | | Act, emergency rules to implement any provision of the Act may | 15 | | be adopted in accordance with this subsection (u) by the | 16 | | Department of Insurance. The rulemaking authority granted in | 17 | | this subsection (u) shall apply only to those rules adopted | 18 | | prior to December 31, 2015. The adoption of emergency rules | 19 | | authorized by this subsection (u) is deemed to be necessary for | 20 | | the public interest, safety, and welfare. | 21 | | (v) In order to provide for the expeditious and timely | 22 | | implementation of the provisions of Public Act 99-516, | 23 | | emergency rules to implement Public Act 99-516 may be adopted | 24 | | in accordance with this subsection (v) by the Department of | 25 | | Healthcare and Family Services. The 24-month limitation on the | 26 | | adoption of emergency rules does not apply to rules adopted |
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| 1 | | under this subsection (v). The adoption of emergency rules | 2 | | authorized by this subsection (v) is deemed to be necessary for | 3 | | the public interest, safety, and welfare. | 4 | | (w) In order to provide for the expeditious and timely | 5 | | implementation of the provisions of Public Act 99-796, | 6 | | emergency rules to implement the changes made by Public Act | 7 | | 99-796 may be adopted in accordance with this subsection (w) by | 8 | | the Adjutant General. The adoption of emergency rules | 9 | | authorized by this subsection (w) is deemed to be necessary for | 10 | | the public interest, safety, and welfare. | 11 | | (x) In order to provide for the expeditious and timely | 12 | | implementation of the provisions of Public Act 99-906, | 13 | | emergency rules to implement subsection (i) of Section 16-115D, | 14 | | subsection (g) of Section 16-128A, and subsection (a) of | 15 | | Section 16-128B of the Public Utilities Act may be adopted in | 16 | | accordance with this subsection (x) by the Illinois Commerce | 17 | | Commission. The rulemaking authority granted in this | 18 | | subsection (x) shall apply only to those rules adopted within | 19 | | 180 days after June 1, 2017 (the effective date of Public Act | 20 | | 99-906). The adoption of emergency rules authorized by this | 21 | | subsection (x) is deemed to be necessary for the public | 22 | | interest, safety, and welfare. | 23 | | (y) In order to provide for the expeditious and timely | 24 | | implementation of the provisions of Public Act 100-23, | 25 | | emergency rules to implement the changes made by Public Act | 26 | | 100-23 to Section 4.02 of the Illinois Act on the Aging, |
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| 1 | | Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code, | 2 | | Section 55-30 of the Alcoholism and Other Drug Abuse and | 3 | | Dependency Act, and Sections 74 and 75 of the Mental Health and | 4 | | Developmental Disabilities Administrative Act may be adopted | 5 | | in accordance with this subsection (y) by the respective | 6 | | Department. The adoption of emergency rules authorized by this | 7 | | subsection (y) is deemed to be necessary for the public | 8 | | interest, safety, and welfare. | 9 | | (z) In order to provide for the expeditious and timely | 10 | | implementation of the provisions of Public Act 100-554, | 11 | | emergency rules to implement the changes made by Public Act | 12 | | 100-554 to Section 4.7 of the Lobbyist Registration Act may be | 13 | | adopted in accordance with this subsection (z) by the Secretary | 14 | | of State. The adoption of emergency rules authorized by this | 15 | | subsection (z) is deemed to be necessary for the public | 16 | | interest, safety, and welfare. | 17 | | (aa) In order to provide for the expeditious and timely | 18 | | initial implementation of the changes made to Articles 5, 5A, | 19 | | 12, and 14 of the Illinois Public Aid Code under the provisions | 20 | | of Public Act 100-581, the Department of Healthcare and Family | 21 | | Services may adopt emergency rules in accordance with this | 22 | | subsection (aa). The 24-month limitation on the adoption of | 23 | | emergency rules does not apply to rules to initially implement | 24 | | the changes made to Articles 5, 5A, 12, and 14 of the Illinois | 25 | | Public Aid Code adopted under this subsection (aa). The | 26 | | adoption of emergency rules authorized by this subsection (aa) |
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| 1 | | is deemed to be necessary for the public interest, safety, and | 2 | | welfare. | 3 | | (bb) In order to provide for the expeditious and timely | 4 | | implementation of the provisions of Public Act 100-587, | 5 | | emergency rules to implement the changes made by Public Act | 6 | | 100-587 to Section 4.02 of the Illinois Act on the Aging, | 7 | | Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code, | 8 | | subsection (b) of Section 55-30 of the Alcoholism and Other | 9 | | Drug Abuse and Dependency Act, Section 5-104 of the Specialized | 10 | | Mental Health Rehabilitation Act of 2013, and Section 75 and | 11 | | subsection (b) of Section 74 of the Mental Health and | 12 | | Developmental Disabilities Administrative Act may be adopted | 13 | | in accordance with this subsection (bb) by the respective | 14 | | Department. The adoption of emergency rules authorized by this | 15 | | subsection (bb) is deemed to be necessary for the public | 16 | | interest, safety, and welfare. | 17 | | (cc) In order to provide for the expeditious and timely | 18 | | implementation of the provisions of Public Act 100-587, | 19 | | emergency rules may be adopted in accordance with this | 20 | | subsection (cc) to implement the changes made by Public Act | 21 | | 100-587 to: Sections 14-147.5 and 14-147.6 of the Illinois | 22 | | Pension Code by the Board created under Article 14 of the Code; | 23 | | Sections 15-185.5 and 15-185.6 of the Illinois Pension Code by | 24 | | the Board created under Article 15 of the Code; and Sections | 25 | | 16-190.5 and 16-190.6 of the Illinois Pension Code by the Board | 26 | | created under Article 16 of the Code. The adoption of emergency |
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| 1 | | rules authorized by this subsection (cc) is deemed to be | 2 | | necessary for the public interest, safety, and welfare. | 3 | | (dd) In order to provide for the expeditious and timely | 4 | | implementation of the provisions of Public Act 100-864, | 5 | | emergency rules to implement the changes made by Public Act | 6 | | 100-864 to Section 3.35 of the Newborn Metabolic Screening Act | 7 | | may be adopted in accordance with this subsection (dd) by the | 8 | | Secretary of State. The adoption of emergency rules authorized | 9 | | by this subsection (dd) is deemed to be necessary for the | 10 | | public interest, safety, and welfare. | 11 | | (ee) In order to provide for the expeditious and timely | 12 | | implementation of the provisions of Public Act 100-1172 this | 13 | | amendatory Act of the 100th General Assembly , emergency rules | 14 | | implementing the Illinois Underground Natural Gas Storage | 15 | | Safety Act may be adopted in accordance with this subsection by | 16 | | the Department of Natural Resources. The adoption of emergency | 17 | | rules authorized by this subsection is deemed to be necessary | 18 | | for the public interest, safety, and welfare. | 19 | | (ff) (ee) In order to provide for the expeditious and | 20 | | timely initial implementation of the changes made to Articles | 21 | | 5A and 14 of the Illinois Public Aid Code under the provisions | 22 | | of Public Act 100-1181 this amendatory Act of the 100th General | 23 | | Assembly , the Department of Healthcare and Family Services may | 24 | | on a one-time-only basis adopt emergency rules in accordance | 25 | | with this subsection (ff) (ee) . The 24-month limitation on the | 26 | | adoption of emergency rules does not apply to rules to |
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| 1 | | initially implement the changes made to Articles 5A and 14 of | 2 | | the Illinois Public Aid Code adopted under this subsection (ff) | 3 | | (ee) . The adoption of emergency rules authorized by this | 4 | | subsection (ff) (ee) is deemed to be necessary for the public | 5 | | interest, safety, and welfare. | 6 | | (gg) (ff) In order to provide for the expeditious and | 7 | | timely implementation of the provisions of Public Act 101-1 | 8 | | this amendatory Act of the 101st General Assembly , emergency | 9 | | rules may be adopted by the Department of Labor in accordance | 10 | | with this subsection (gg) (ff) to implement the changes made by | 11 | | Public Act 101-1 this amendatory Act of the 101st General | 12 | | Assembly to the Minimum Wage Law. The adoption of emergency | 13 | | rules authorized by this subsection (gg) (ff) is deemed to be | 14 | | necessary for the public interest, safety, and welfare. | 15 | | (hh) In order to provide for the expeditious and timely | 16 | | implementation of the Sporting Contest Safety and Integrity | 17 | | Act, emergency rules to implement the Sporting Contest Safety | 18 | | and Integrity Act may be adopted in accordance with this | 19 | | subsection (hh) by the Illinois Gaming Board. The adoption of | 20 | | emergency rules authorized by this subsection (hh) is deemed to | 21 | | be necessary for the public interest, safety, and welfare. | 22 | | (ii) In order to provide for the expeditious and timely | 23 | | implementation of the Sports Wagering Act, emergency rules to | 24 | | implement the Sports Wagering Act may be adopted in accordance | 25 | | with this subsection (ii) by the Illinois Gaming Board. The | 26 | | adoption of emergency rules authorized by this subsection (ii) |
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| 1 | | is deemed to be necessary for the public interest, safety, and | 2 | | welfare. | 3 | | (Source: P.A. 100-23, eff. 7-6-17; 100-554, eff. 11-16-17; | 4 | | 100-581, eff. 3-12-18; 100-587, Article 95, Section 95-5, eff. | 5 | | 6-4-18; 100-587, Article 110, Section 110-5, eff. 6-4-18; | 6 | | 100-864, eff. 8-14-18; 100-1172, eff. 1-4-19; 100-1181, eff. | 7 | | 3-8-19; 101-1, eff. 2-19-19; revised 4-2-19.) | 8 | | Section 900-5. The State Finance Act is amended by adding | 9 | | Sections 5.891 and 5.893 as follows: | 10 | | (30 ILCS 105/5.891 new) | 11 | | Sec. 5.891. The Sports Wagering Fund. | 12 | | (30 ILCS 105/5.893 new) | 13 | | Sec. 5.893. The Horse Racing Purse Fund. | 14 | | Section 900-10. The Riverboat Gambling Act is amended by | 15 | | changing Section 13 and by adding Section 54.25 as follows:
| 16 | | (230 ILCS 10/13) (from Ch. 120, par. 2413)
| 17 | | Sec. 13. Wagering tax; rate; distribution.
| 18 | | (a) Until January 1, 1998, a tax is imposed on the adjusted | 19 | | gross
receipts received from gambling games authorized under | 20 | | this Act at the rate of
20%.
| 21 | | (a-1) From January 1, 1998 until July 1, 2002, a privilege |
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| 1 | | tax is
imposed on persons engaged in the business of conducting | 2 | | riverboat gambling
operations, based on the adjusted gross | 3 | | receipts received by a licensed owner
from gambling games | 4 | | authorized under this Act at the following rates:
| 5 | | 15% of annual adjusted gross receipts up to and | 6 | | including $25,000,000;
| 7 | | 20% of annual adjusted gross receipts in excess of | 8 | | $25,000,000 but not
exceeding $50,000,000;
| 9 | | 25% of annual adjusted gross receipts in excess of | 10 | | $50,000,000 but not
exceeding $75,000,000;
| 11 | | 30% of annual adjusted gross receipts in excess of | 12 | | $75,000,000 but not
exceeding $100,000,000;
| 13 | | 35% of annual adjusted gross receipts in excess of | 14 | | $100,000,000.
| 15 | | (a-2) From July 1, 2002 until July 1, 2003, a privilege tax | 16 | | is imposed on
persons engaged in the business of conducting | 17 | | riverboat gambling operations,
other than licensed managers | 18 | | conducting riverboat gambling operations on behalf
of the | 19 | | State, based on the adjusted gross receipts received by a | 20 | | licensed
owner from gambling games authorized under this Act at | 21 | | the following rates:
| 22 | | 15% of annual adjusted gross receipts up to and | 23 | | including $25,000,000;
| 24 | | 22.5% of annual adjusted gross receipts in excess of | 25 | | $25,000,000 but not
exceeding $50,000,000;
| 26 | | 27.5% of annual adjusted gross receipts in excess of |
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| 1 | | $50,000,000 but not
exceeding $75,000,000;
| 2 | | 32.5% of annual adjusted gross receipts in excess of | 3 | | $75,000,000 but not
exceeding $100,000,000;
| 4 | | 37.5% of annual adjusted gross receipts in excess of | 5 | | $100,000,000 but not
exceeding $150,000,000;
| 6 | | 45% of annual adjusted gross receipts in excess of | 7 | | $150,000,000 but not
exceeding $200,000,000;
| 8 | | 50% of annual adjusted gross receipts in excess of | 9 | | $200,000,000.
| 10 | | (a-3) Beginning July 1, 2003, a privilege tax is imposed on | 11 | | persons engaged
in the business of conducting riverboat | 12 | | gambling operations, other than
licensed managers conducting | 13 | | riverboat gambling operations on behalf of the
State, based on | 14 | | the adjusted gross receipts received by a licensed owner from
| 15 | | gambling games authorized under this Act at the following | 16 | | rates:
| 17 | | 15% of annual adjusted gross receipts up to and | 18 | | including $25,000,000;
| 19 | | 27.5% of annual adjusted gross receipts in excess of | 20 | | $25,000,000 but not
exceeding $37,500,000;
| 21 | | 32.5% of annual adjusted gross receipts in excess of | 22 | | $37,500,000 but not
exceeding $50,000,000;
| 23 | | 37.5% of annual adjusted gross receipts in excess of | 24 | | $50,000,000 but not
exceeding $75,000,000;
| 25 | | 45% of annual adjusted gross receipts in excess of | 26 | | $75,000,000 but not
exceeding $100,000,000;
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| 1 | | 50% of annual adjusted gross receipts in excess of | 2 | | $100,000,000 but not
exceeding $250,000,000;
| 3 | | 70% of annual adjusted gross receipts in excess of | 4 | | $250,000,000.
| 5 | | An amount equal to the amount of wagering taxes collected | 6 | | under this
subsection (a-3) that are in addition to the amount | 7 | | of wagering taxes that
would have been collected if the | 8 | | wagering tax rates under subsection (a-2)
were in effect shall | 9 | | be paid into the Common School Fund.
| 10 | | The privilege tax imposed under this subsection (a-3) shall | 11 | | no longer be
imposed beginning on the earlier of (i) July 1, | 12 | | 2005; (ii) the first date
after June 20, 2003 that riverboat | 13 | | gambling operations are conducted
pursuant to a dormant | 14 | | license; or (iii) the first day that riverboat gambling
| 15 | | operations are conducted under the authority of an owners | 16 | | license that is in
addition to the 10 owners licenses initially | 17 | | authorized under this Act.
For the purposes of this subsection | 18 | | (a-3), the term "dormant license"
means an owners license that | 19 | | is authorized by this Act under which no
riverboat gambling | 20 | | operations are being conducted on June 20, 2003.
| 21 | | (a-4) Beginning on the first day on which the tax imposed | 22 | | under
subsection (a-3) is no longer imposed, a privilege tax is | 23 | | imposed on persons
engaged in the business of conducting | 24 | | riverboat gambling operations, other
than licensed managers | 25 | | conducting riverboat gambling operations on behalf of
the | 26 | | State, based on the adjusted gross receipts received by a |
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| 1 | | licensed owner
from gambling games authorized under this Act at | 2 | | the following rates:
| 3 | | 15% of annual adjusted gross receipts up to and | 4 | | including $25,000,000;
| 5 | | 22.5% of annual adjusted gross receipts in excess of | 6 | | $25,000,000 but not
exceeding $50,000,000;
| 7 | | 27.5% of annual adjusted gross receipts in excess of | 8 | | $50,000,000 but not
exceeding $75,000,000;
| 9 | | 32.5% of annual adjusted gross receipts in excess of | 10 | | $75,000,000 but not
exceeding $100,000,000;
| 11 | | 37.5% of annual adjusted gross receipts in excess of | 12 | | $100,000,000 but not
exceeding $150,000,000;
| 13 | | 45% of annual adjusted gross receipts in excess of | 14 | | $150,000,000 but not
exceeding $200,000,000;
| 15 | | 50% of annual adjusted gross receipts in excess of | 16 | | $200,000,000.
| 17 | | (a-8) Riverboat gambling operations conducted by a | 18 | | licensed manager on
behalf of the State are not subject to the | 19 | | tax imposed under this Section.
| 20 | | (a-10) The taxes imposed by this Section shall be paid by | 21 | | the licensed
owner to the Board not later than 5:00 o'clock | 22 | | p.m. of the day after the day
when the wagers were made.
| 23 | | (a-15) If the privilege tax imposed under subsection (a-3) | 24 | | is no longer imposed pursuant to item (i) of the last paragraph | 25 | | of subsection (a-3), then by June 15 of each year, each owners | 26 | | licensee, other than an owners licensee that admitted 1,000,000 |
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| 1 | | persons or
fewer in calendar year 2004, must, in addition to | 2 | | the payment of all amounts otherwise due under this Section, | 3 | | pay to the Board a reconciliation payment in the amount, if | 4 | | any, by which the licensed owner's base amount exceeds the | 5 | | amount of net privilege tax paid by the licensed owner to the | 6 | | Board in the then current State fiscal year. A licensed owner's | 7 | | net privilege tax obligation due for the balance of the State | 8 | | fiscal year shall be reduced up to the total of the amount paid | 9 | | by the licensed owner in its June 15 reconciliation payment. | 10 | | The obligation imposed by this subsection (a-15) is binding on | 11 | | any person, firm, corporation, or other entity that acquires an | 12 | | ownership interest in any such owners license. The obligation | 13 | | imposed under this subsection (a-15) terminates on the earliest | 14 | | of: (i) July 1, 2007, (ii) the first day after the effective | 15 | | date of this amendatory Act of the 94th General Assembly that | 16 | | riverboat gambling operations are conducted pursuant to a | 17 | | dormant license, (iii) the first day that riverboat gambling | 18 | | operations are conducted under the authority of an owners | 19 | | license that is in addition to the 10 owners licenses initially | 20 | | authorized under this Act, or (iv) the first day that a | 21 | | licensee under the Illinois Horse Racing Act of 1975 conducts | 22 | | gaming operations with slot machines or other electronic gaming | 23 | | devices. The Board must reduce the obligation imposed under | 24 | | this subsection (a-15) by an amount the Board deems reasonable | 25 | | for any of the following reasons: (A) an act or acts of God, | 26 | | (B) an act of bioterrorism or terrorism or a bioterrorism or |
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| 1 | | terrorism threat that was investigated by a law enforcement | 2 | | agency, or (C) a condition beyond the control of the owners | 3 | | licensee that does not result from any act or omission by the | 4 | | owners licensee or any of its agents and that poses a hazardous | 5 | | threat to the health and safety of patrons. If an owners | 6 | | licensee pays an amount in excess of its liability under this | 7 | | Section, the Board shall apply the overpayment to future | 8 | | payments required under this Section. | 9 | | For purposes of this subsection (a-15): | 10 | | "Act of God" means an incident caused by the operation of | 11 | | an extraordinary force that cannot be foreseen, that cannot be | 12 | | avoided by the exercise of due care, and for which no person | 13 | | can be held liable.
| 14 | | "Base amount" means the following: | 15 | | For a riverboat in Alton, $31,000,000.
| 16 | | For a riverboat in East Peoria, $43,000,000.
| 17 | | For the Empress riverboat in Joliet, $86,000,000.
| 18 | | For a riverboat in Metropolis, $45,000,000.
| 19 | | For the Harrah's riverboat in Joliet, $114,000,000.
| 20 | | For a riverboat in Aurora, $86,000,000.
| 21 | | For a riverboat in East St. Louis, $48,500,000.
| 22 | | For a riverboat in Elgin, $198,000,000.
| 23 | | "Dormant license" has the meaning ascribed to it in | 24 | | subsection (a-3).
| 25 | | "Net privilege tax" means all privilege taxes paid by a | 26 | | licensed owner to the Board under this Section, less all |
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| 1 | | payments made from the State Gaming Fund pursuant to subsection | 2 | | (b) of this Section. | 3 | | The changes made to this subsection (a-15) by Public Act | 4 | | 94-839 are intended to restate and clarify the intent of Public | 5 | | Act 94-673 with respect to the amount of the payments required | 6 | | to be made under this subsection by an owners licensee to the | 7 | | Board.
| 8 | | (b) Until January 1, 1998, 25% of the tax revenue deposited | 9 | | in the State
Gaming Fund under this Section shall be paid, | 10 | | subject to appropriation by the
General Assembly, to the unit | 11 | | of local government which is designated as the
home dock of the | 12 | | riverboat. Beginning January 1, 1998, from the tax revenue
| 13 | | deposited in the State Gaming Fund under this Section, an | 14 | | amount equal to 5% of
adjusted gross receipts generated by a | 15 | | riverboat shall be paid monthly, subject
to appropriation by | 16 | | the General Assembly, to the unit of local government that
is | 17 | | designated as the home dock of the riverboat. From the tax | 18 | | revenue
deposited in the State Gaming Fund pursuant to | 19 | | riverboat gambling operations
conducted by a licensed manager | 20 | | on behalf of the State, an amount equal to 5%
of adjusted gross | 21 | | receipts generated pursuant to those riverboat gambling
| 22 | | operations shall be paid monthly,
subject to appropriation by | 23 | | the General Assembly, to the unit of local
government that is | 24 | | designated as the home dock of the riverboat upon which
those | 25 | | riverboat gambling operations are conducted.
| 26 | | (c) Appropriations, as approved by the General Assembly, |
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| 1 | | may be made
from the State Gaming Fund to the Board (i) for the | 2 | | administration and enforcement of this Act and the Video Gaming | 3 | | Act, (ii) for distribution to the Department of State Police | 4 | | and to the Department of Revenue for the enforcement of this | 5 | | Act, and (iii) to the
Department of Human Services for the | 6 | | administration of programs to treat
problem gambling , | 7 | | including problem gambling from sports wagering .
| 8 | | (c-5) Before May 26, 2006 (the effective date of Public Act | 9 | | 94-804) and beginning on the effective date of this amendatory | 10 | | Act of the 95th General Assembly, unless any organization | 11 | | licensee under the Illinois Horse Racing Act of 1975 begins to | 12 | | operate a slot machine or video game of chance under the | 13 | | Illinois Horse Racing Act of 1975 or this Act, after the | 14 | | payments required under subsections (b) and (c) have been
made, | 15 | | an amount equal to 15% of the adjusted gross receipts of (1) an | 16 | | owners
licensee that relocates pursuant to Section 11.2,
(2) an | 17 | | owners licensee
conducting riverboat gambling operations
| 18 | | pursuant to an
owners license that is initially issued after | 19 | | June
25, 1999,
or (3) the first
riverboat gambling operations | 20 | | conducted by a licensed manager on behalf of the
State under | 21 | | Section 7.3,
whichever comes first, shall be paid from the | 22 | | State
Gaming Fund into the Horse Racing Equity Fund.
| 23 | | (c-10) Each year the General Assembly shall appropriate | 24 | | from the General
Revenue Fund to the Education Assistance Fund | 25 | | an amount equal to the amount
paid into the Horse Racing Equity | 26 | | Fund pursuant to subsection (c-5) in the
prior calendar year.
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| 1 | | (c-15) After the payments required under subsections (b), | 2 | | (c), and (c-5)
have been made, an amount equal to 2% of the | 3 | | adjusted gross receipts of (1)
an owners licensee that | 4 | | relocates pursuant to Section 11.2, (2) an owners
licensee | 5 | | conducting riverboat gambling operations pursuant to
an
owners | 6 | | license that is initially issued after June 25, 1999,
or (3) | 7 | | the first
riverboat gambling operations conducted by a licensed | 8 | | manager on behalf of the
State under Section 7.3,
whichever | 9 | | comes first, shall be paid, subject to appropriation
from the | 10 | | General Assembly, from the State Gaming Fund to each home rule
| 11 | | county with a population of over 3,000,000 inhabitants for the | 12 | | purpose of
enhancing the county's criminal justice system.
| 13 | | (c-20) Each year the General Assembly shall appropriate | 14 | | from the General
Revenue Fund to the Education Assistance Fund | 15 | | an amount equal to the amount
paid to each home rule county | 16 | | with a population of over 3,000,000 inhabitants
pursuant to | 17 | | subsection (c-15) in the prior calendar year.
| 18 | | (c-25) On July 1, 2013 and each July 1 thereafter, | 19 | | $1,600,000 shall be transferred from the State Gaming Fund to | 20 | | the Chicago State University Education Improvement Fund.
| 21 | | (c-30) On July 1, 2013 or as soon as possible thereafter, | 22 | | $92,000,000 shall be transferred from the State Gaming Fund to | 23 | | the School Infrastructure Fund and $23,000,000 shall be | 24 | | transferred from the State Gaming Fund to the Horse Racing | 25 | | Equity Fund. | 26 | | (c-35) Beginning on July 1, 2013, in addition to any amount |
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| 1 | | transferred under subsection (c-30) of this Section, | 2 | | $5,530,000 shall be transferred monthly from the State Gaming | 3 | | Fund to the School Infrastructure Fund. | 4 | | (d) From time to time, the
Board shall transfer the | 5 | | remainder of the funds
generated by this Act into the Education
| 6 | | Assistance Fund, created by Public Act 86-0018, of the State of | 7 | | Illinois.
| 8 | | (e) Nothing in this Act shall prohibit the unit of local | 9 | | government
designated as the home dock of the riverboat from | 10 | | entering into agreements
with other units of local government | 11 | | in this State or in other states to
share its portion of the | 12 | | tax revenue.
| 13 | | (f) To the extent practicable, the Board shall administer | 14 | | and collect the
wagering taxes imposed by this Section in a | 15 | | manner consistent with the
provisions of Sections 4, 5, 5a, 5b, | 16 | | 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
6c, 8, 9, and 10 of the | 17 | | Retailers' Occupation Tax Act and Section 3-7 of the
Uniform | 18 | | Penalty and Interest Act.
| 19 | | (Source: P.A. 98-18, eff. 6-7-13.)
| 20 | | (230 ILCS 10/54.25 new) | 21 | | Sec. 54.25. Horse Racing Purse Fund. There is created a | 22 | | fund to be known as the Horse Racing Purse Fund, which is a | 23 | | non-appropriated trust fund held separate and apart from State | 24 | | moneys. The Fund shall consist of moneys paid into it by sports | 25 | | wagering licensees under subsection (d) of Section 5-70 of the |
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| 1 | | Sports Wagering Act for the purposes described in this Section. | 2 | | The Fund shall be administered by the Board. Moneys in the Fund | 3 | | shall be distributed to organization licensees, based on the | 4 | | percentage of live racing days each organization licensee | 5 | | conducted in the previous year to the total number of live | 6 | | racing days for all organization licensees, for distribution by | 7 | | organization licensees at their race meetings as purses. The | 8 | | moneys distributed shall be certified by the Board. | 9 | | Section 900-15. The Criminal Code of 2012 is amended by | 10 | | changing 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;
| 23 | | (4) contracts to have or give himself or herself or | 24 | | another the option to buy
or sell, or contracts to buy or |
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| 1 | | sell, at a future time, any grain or
other commodity | 2 | | whatsoever, or any stock or security of any company,
where | 3 | | it is at the time of making such contract intended by both | 4 | | parties
thereto that the contract to buy or sell, or the | 5 | | option, whenever
exercised, or the contract resulting | 6 | | therefrom, shall be settled, not by
the receipt or delivery | 7 | | of such property, but by the payment only of
differences in | 8 | | prices thereof; however, the issuance, purchase, sale,
| 9 | | exercise, endorsement or guarantee, by or through a person | 10 | | registered
with the Secretary of State pursuant to Section | 11 | | 8 of the Illinois
Securities Law of 1953, or by or through | 12 | | a person exempt from such
registration under said Section | 13 | | 8, of a put, call, or other option to
buy or sell | 14 | | securities which have been registered with the Secretary of
| 15 | | State or which are exempt from such registration under | 16 | | Section 3 of the
Illinois Securities Law of 1953 is not | 17 | | gambling within the meaning of
this paragraph (4);
| 18 | | (5) knowingly owns or possesses any book, instrument or | 19 | | apparatus by
means of which bets or wagers have been, or | 20 | | are, recorded or registered,
or knowingly possesses any | 21 | | money which he has received in the course of
a bet or | 22 | | wager;
| 23 | | (6) knowingly sells pools upon the result of any game | 24 | | or contest of skill or
chance, political nomination, | 25 | | appointment or election;
| 26 | | (7) knowingly sets up or promotes any lottery or sells, |
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| 1 | | offers to sell or
transfers any ticket or share for any | 2 | | lottery;
| 3 | | (8) knowingly sets up or promotes any policy game or | 4 | | sells, offers to sell or
knowingly possesses or transfers | 5 | | any policy ticket, slip, record,
document or other similar | 6 | | device;
| 7 | | (9) knowingly drafts, prints or publishes any lottery | 8 | | ticket or share,
or any policy ticket, slip, record, | 9 | | document or similar device, except for
such activity | 10 | | related to lotteries, bingo games and raffles authorized by
| 11 | | and conducted in accordance with the laws of Illinois or | 12 | | any other state or
foreign government;
| 13 | | (10) knowingly advertises any lottery or policy game, | 14 | | except for such
activity related to lotteries, bingo games | 15 | | and raffles authorized by and
conducted in accordance with | 16 | | the laws of Illinois or any other state;
| 17 | | (11) knowingly transmits information as to wagers, | 18 | | betting odds, or
changes in betting odds by telephone, | 19 | | telegraph, radio, semaphore or
similar means; or knowingly | 20 | | installs or maintains equipment for the
transmission or | 21 | | receipt of such information; except that nothing in this
| 22 | | subdivision (11) prohibits transmission or receipt of such | 23 | | information
for use in news reporting of sporting events or | 24 | | contests; or
| 25 | | (12) knowingly establishes, maintains, or operates an | 26 | | Internet site that
permits a person to play a game of
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| 1 | | chance or skill for money or other thing of value by means | 2 | | of the Internet or
to make a wager upon the
result of any | 3 | | game, contest, political nomination, appointment, or
| 4 | | election by means of the Internet. This item (12) does not | 5 | | apply to activities referenced in items (6) , and (6.1) , and | 6 | | (15) of subsection (b) of this Section.
| 7 | | (b) Participants in any of the following activities shall | 8 | | not be
convicted of gambling:
| 9 | | (1) Agreements to compensate for loss caused by the | 10 | | happening of
chance including without limitation contracts | 11 | | of indemnity or guaranty
and life or health or accident | 12 | | insurance.
| 13 | | (2) Offers of prizes, award or compensation to the | 14 | | actual
contestants in any bona fide contest for the | 15 | | determination of skill,
speed, strength or endurance or to | 16 | | the owners of animals or vehicles
entered in such contest.
| 17 | | (3) Pari-mutuel betting as authorized by the law of | 18 | | this State.
| 19 | | (4) Manufacture of gambling devices, including the | 20 | | acquisition of
essential parts therefor and the assembly | 21 | | thereof, for transportation in
interstate or foreign | 22 | | commerce to any place outside this State when such
| 23 | | transportation is not prohibited by any applicable Federal | 24 | | law; or the
manufacture, distribution, or possession of | 25 | | video gaming terminals, as
defined in the Video Gaming Act, | 26 | | by manufacturers, distributors, and
terminal operators |
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| 1 | | licensed to do so under the Video Gaming Act.
| 2 | | (5) The game commonly known as "bingo", when conducted | 3 | | in accordance
with the Bingo License and Tax Act.
| 4 | | (6) Lotteries when conducted by the State of Illinois | 5 | | in accordance
with the Illinois Lottery Law. This exemption | 6 | | includes any activity conducted by the Department of | 7 | | Revenue to sell lottery tickets pursuant to the provisions | 8 | | of the Illinois Lottery Law and its rules.
| 9 | | (6.1) The purchase of lottery tickets through the | 10 | | Internet for a lottery conducted by the State of Illinois | 11 | | under the program established in Section 7.12 of the | 12 | | Illinois Lottery Law.
| 13 | | (7) Possession of an antique slot machine that is | 14 | | neither used nor
intended to be used in the operation or | 15 | | promotion of any unlawful
gambling activity or enterprise. | 16 | | For the purpose of this subparagraph
(b)(7), an antique | 17 | | slot machine is one manufactured 25 years ago or earlier.
| 18 | | (8) Raffles and poker runs when conducted in accordance | 19 | | with the Raffles and Poker Runs Act.
| 20 | | (9) Charitable games when conducted in accordance with | 21 | | the Charitable
Games Act.
| 22 | | (10) Pull tabs and jar games when conducted under the | 23 | | Illinois Pull
Tabs and Jar Games Act.
| 24 | | (11) Gambling games conducted on riverboats when
| 25 | | authorized by the Riverboat Gambling Act.
| 26 | | (12) Video gaming terminal games at a licensed |
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| 1 | | establishment, licensed truck stop establishment,
licensed
| 2 | | fraternal establishment, or licensed veterans | 3 | | establishment when
conducted in accordance with the Video | 4 | | Gaming Act. | 5 | | (13) Games of skill or chance where money or other | 6 | | things of value can be won but no payment or purchase is | 7 | | required to participate. | 8 | | (14) Savings promotion raffles authorized under | 9 | | Section 5g of the Illinois Banking Act, Section 7008 of the | 10 | | Savings Bank Act, Section 42.7 of the Illinois Credit Union | 11 | | Act, Section 5136B of the National Bank Act (12 U.S.C. | 12 | | 25a), or Section 4 of the Home Owners' Loan Act (12 U.S.C. | 13 | | 1463). | 14 | | (15) Sports wagering when conducted in accordance with | 15 | | the Sports Wagering Act. | 16 | | (c) Sentence.
| 17 | | Gambling is a
Class A misdemeanor. A second or
subsequent | 18 | | conviction under subsections (a)(3) through (a)(12),
is a Class | 19 | | 4 felony.
| 20 | | (d) Circumstantial evidence.
| 21 | | In prosecutions under
this
Section circumstantial evidence | 22 | | shall have the same validity and weight as
in any criminal | 23 | | prosecution.
| 24 | | (Source: P.A. 98-644, eff. 6-10-14; 99-149, eff. 1-1-16 .)
| 25 | | (720 ILCS 5/28-3)
(from Ch. 38, par. 28-3)
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| 1 | | Sec. 28-3. Keeping a Gambling Place. A "gambling place" is | 2 | | any real
estate, vehicle, boat or any other property whatsoever | 3 | | used for the
purposes of gambling other than gambling conducted | 4 | | in the manner authorized
by the Riverboat Gambling Act , the | 5 | | Sports Wagering Act, or the Video Gaming Act. Any person who
| 6 | | knowingly permits any premises
or property owned or occupied by | 7 | | him or under his control to be used as a
gambling place commits | 8 | | a Class A misdemeanor. Each subsequent offense is a
Class 4 | 9 | | felony. When any premises is determined by the circuit court to | 10 | | be
a gambling place:
| 11 | | (a) Such premises is a public nuisance and may be proceeded | 12 | | against as such,
and
| 13 | | (b) All licenses, permits or certificates issued by the | 14 | | State of
Illinois or any subdivision or public agency thereof | 15 | | authorizing the
serving of food or liquor on such premises | 16 | | shall be void; and no license,
permit or certificate so | 17 | | cancelled shall be reissued for such premises for
a period of | 18 | | 60 days thereafter; nor shall any person convicted of keeping a
| 19 | | gambling place be reissued such license
for one year from his | 20 | | conviction and, after a second conviction of keeping
a gambling | 21 | | place, any such person shall not be reissued such license, and
| 22 | | (c) Such premises of any person who knowingly permits | 23 | | thereon a
violation of any Section of this Article shall be | 24 | | held liable for, and may
be sold to pay any unsatisfied | 25 | | judgment that may be recovered and any
unsatisfied fine that | 26 | | may be levied under any Section of this Article.
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| 1 | | (Source: P.A. 96-34, eff. 7-13-09.)
| 2 | | (720 ILCS 5/28-5) (from Ch. 38, par. 28-5)
| 3 | | Sec. 28-5. Seizure of gambling devices and gambling funds.
| 4 | | (a) Every device designed for gambling which is incapable | 5 | | of lawful use
or every device used unlawfully for gambling | 6 | | shall be considered a
"gambling device", and shall be subject | 7 | | to seizure, confiscation and
destruction by the Department of | 8 | | State Police or by any municipal, or other
local authority, | 9 | | within whose jurisdiction the same may be found. As used
in | 10 | | this Section, a "gambling device" includes any slot machine, | 11 | | and
includes any machine or device constructed for the | 12 | | reception of money or
other thing of value and so constructed | 13 | | as to return, or to cause someone
to return, on chance to the | 14 | | player thereof money, property or a right to
receive money or | 15 | | property. With the exception of any device designed for
| 16 | | gambling which is incapable of lawful use, no gambling device | 17 | | shall be
forfeited or destroyed unless an individual with a | 18 | | property interest in
said device knows of the unlawful use of | 19 | | the device.
| 20 | | (b) Every gambling device shall be seized and forfeited to | 21 | | the county
wherein such seizure occurs. Any money or other | 22 | | thing of value integrally
related to acts of gambling shall be | 23 | | seized and forfeited to the county
wherein such seizure occurs.
| 24 | | (c) If, within 60 days after any seizure pursuant to | 25 | | subparagraph
(b) of this Section, a person having any property |
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| 1 | | interest in the seized
property is charged with an offense, the | 2 | | court which renders judgment
upon such charge shall, within 30 | 3 | | days after such judgment, conduct a
forfeiture hearing to | 4 | | determine whether such property was a gambling device
at the | 5 | | time of seizure. Such hearing shall be commenced by a written
| 6 | | petition by the State, including material allegations of fact, | 7 | | the name
and address of every person determined by the State to | 8 | | have any property
interest in the seized property, a | 9 | | representation that written notice of
the date, time and place | 10 | | of such hearing has been mailed to every such
person by | 11 | | certified mail at least 10 days before such date, and a
request | 12 | | for forfeiture. Every such person may appear as a party and
| 13 | | present evidence at such hearing. The quantum of proof required | 14 | | shall
be a preponderance of the evidence, and the burden of | 15 | | proof shall be on
the State. If the court determines that the | 16 | | seized property was
a gambling device at the time of seizure, | 17 | | an order of forfeiture and
disposition of the seized property | 18 | | shall be entered: a gambling device
shall be received by the | 19 | | State's Attorney, who shall effect its
destruction, except that | 20 | | valuable parts thereof may be liquidated and
the resultant | 21 | | money shall be deposited in the general fund of the county
| 22 | | wherein such seizure occurred; money and other things of value | 23 | | shall be
received by the State's Attorney and, upon | 24 | | liquidation, shall be
deposited in the general fund of the | 25 | | county wherein such seizure
occurred. However, in the event | 26 | | that a defendant raises the defense
that the seized slot |
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| 1 | | machine is an antique slot machine described in
subparagraph | 2 | | (b) (7) of Section 28-1 of this Code and therefore he is
exempt | 3 | | from the charge of a gambling activity participant, the seized
| 4 | | antique slot machine shall not be destroyed or otherwise | 5 | | altered until a
final determination is made by the Court as to | 6 | | whether it is such an
antique slot machine. Upon a final | 7 | | determination by the Court of this
question in favor of the | 8 | | defendant, such slot machine shall be
immediately returned to | 9 | | the defendant. Such order of forfeiture and
disposition shall, | 10 | | for the purposes of appeal, be a final order and
judgment in a | 11 | | civil proceeding.
| 12 | | (d) If a seizure pursuant to subparagraph (b) of this | 13 | | Section is not
followed by a charge pursuant to subparagraph | 14 | | (c) of this Section, or if
the prosecution of such charge is | 15 | | permanently terminated or indefinitely
discontinued without | 16 | | any judgment of conviction or acquittal (1) the
State's | 17 | | Attorney shall commence an in rem proceeding for the forfeiture
| 18 | | and destruction of a gambling device, or for the forfeiture and | 19 | | deposit
in the general fund of the county of any seized money | 20 | | or other things of
value, or both, in the circuit court and (2) | 21 | | any person having any
property interest in such seized gambling | 22 | | device, money or other thing
of value may commence separate | 23 | | civil proceedings in the manner provided
by law.
| 24 | | (e) Any gambling device displayed for sale to a riverboat | 25 | | gambling
operation or used to train occupational licensees of a | 26 | | riverboat gambling
operation as authorized under the Riverboat |
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| 1 | | Gambling Act is exempt from
seizure under this Section.
| 2 | | (f) Any gambling equipment, devices and supplies provided | 3 | | by a licensed
supplier in accordance with the Riverboat | 4 | | Gambling Act which are removed
from the riverboat for repair | 5 | | are exempt from seizure under this Section.
| 6 | | (g) The following video gaming terminals are exempt from | 7 | | seizure under this Section: | 8 | | (1) Video gaming terminals for sale to a licensed | 9 | | distributor or operator under the Video Gaming Act. | 10 | | (2) Video gaming terminals used to train licensed | 11 | | technicians or licensed terminal handlers. | 12 | | (3) Video gaming terminals that are removed from a | 13 | | licensed establishment, licensed truck stop establishment,
| 14 | | licensed
fraternal establishment, or licensed veterans | 15 | | establishment for repair. | 16 | | (h) Property seized or forfeited under this Section is | 17 | | subject to reporting under the Seizure and Forfeiture Reporting | 18 | | Act. | 19 | | (i) Any sports wagering equipment, devices, and supplies | 20 | | provided by a licensed supplier that are removed from a gaming | 21 | | facility for repair under the Sports Wagering Act are exempt | 22 | | from seizure under this Section. | 23 | | (Source: P.A. 100-512, eff. 7-1-18 .)
| 24 | | Article 999. Severability; Effective Date |
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| 1 | | Section 999-97. Severability. The provisions of this Act | 2 | | are severable under Section 1.31 of the Statute on Statutes.
| 3 | | Section 999-99. Effective date. This Act takes effect upon | 4 | | becoming law.".
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