Full Text of HB3308 101st General Assembly
HB3308ham002 101ST GENERAL ASSEMBLY | Rep. Katie Stuart Filed: 3/21/2019
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| 1 | | AMENDMENT TO HOUSE BILL 3308
| 2 | | AMENDMENT NO. ______. Amend House Bill 3308 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Sports Wagering Act. | 6 | | Section 5. Definitions. As used in this Act: | 7 | | "Adjusted gross sports wagering receipts" means a sports | 8 | | wagering licensee's gross sports wagering receipts, less | 9 | | winnings paid to wagerers in such games. | 10 | | "Administrator" means the Administrator of the Illinois | 11 | | Gaming Board, appointed pursuant to Section 5 of the Riverboat | 12 | | Gambling Act. | 13 | | "Board" means the Illinois Gaming Board. | 14 | | "Collegiate sport or athletic event" means a sport or | 15 | | athletic event offered or sponsored by, or played in connection | 16 | | with, a public or private institution that offers educational |
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| 1 | | services beyond the secondary level. | 2 | | "Gaming facility" means a riverboat under the Riverboat | 3 | | Gambling Act or a racetrack or inter-track wagering location | 4 | | under the Illinois Horse Racing Act of 1975. | 5 | | "Government" means any governmental unit of a national, | 6 | | state, or local body exercising governmental functions, other | 7 | | than the United States government. | 8 | | "Gross sports wagering receipts" means the total gross | 9 | | receipts received by a sports wagering licensee from sports | 10 | | wagering. | 11 | | "License" means a license applied for or issued by the | 12 | | Board under this Act, including, but not limited to: | 13 | | (1) a license to conduct sports wagering at a gaming | 14 | | facility (sports wagering license); | 15 | | (2) a license to conduct sports wagering through an | 16 | | online application (online sports wagering license); | 17 | | (3) a license to supply a sports wagering licensee with | 18 | | sports wagering equipment or services necessary for the | 19 | | operation of sports wagering (supplier license); | 20 | | (4) a license to be employed by a sports wagering | 21 | | licensee when the employee works in a designated gaming | 22 | | area that has sports wagering or performs duties in | 23 | | furtherance of or associated with the operation of sports | 24 | | wagering by the sports wagering licensee (occupational | 25 | | license); or | 26 | | (5) a license to provide management services under a |
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| 1 | | contract to a sports wagering licensee (management | 2 | | services provider license). | 3 | | "Official league data" means statistics, results, and | 4 | | outcomes relating to a sporting event, as well as logos, | 5 | | videos, marketing materials, and demographic information that | 6 | | have been obtained from the relevant sports governing body or | 7 | | an entity expressly authorized by the sports governing body to | 8 | | provide such information to sports wagering licensees and | 9 | | online sports wagering licensees. | 10 | | "Online sports wagering licensee" means a person, entity, | 11 | | corporation, or limited liability company that engages in the | 12 | | business of offering, by any means, including, but not limited | 13 | | to, the Internet, a smart phone application, or other similar | 14 | | electronic or digital media or communication technologies, the | 15 | | opportunity to place sports wagers. | 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 governing body" means the organization that | 21 | | prescribes final rules and enforces codes of conduct with | 22 | | respect to a sports event and participants therein. | 23 | | "Sports pool" means the business of accepting wagers on a | 24 | | sports event by a system or method of wagering. | 25 | | "Sports wagering" means the business of accepting wagers on | 26 | | sports events and other events, the individual performance |
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| 1 | | statistics of athletes in a sports event or other events, or a | 2 | | combination of any of the same by any system or method of | 3 | | wagering approved by the Board, including, but not limited to, | 4 | | mobile applications and other digital platforms that utilize | 5 | | communications technology to accept wagers originating within | 6 | | this State. "Sports wagering" includes, but is not limited to, | 7 | | exchange wagering, parlays, over-under, moneyline, pools, and | 8 | | straight bets. "Sports wagering" does not include: | 9 | | (1) pari-mutuel wagering on the outcome of horse races | 10 | | authorized by the Illinois Horse Racing Act of 1975; | 11 | | (2) lottery games authorized by the Illinois Lottery | 12 | | Law; | 13 | | (3) video gaming authorized by the Video Gaming Act; | 14 | | (4) interactive fantasy sports authorized by the | 15 | | Fantasy Sports Contest Act; or | 16 | | (5) gambling games authorized by the Riverboat | 17 | | Gambling Act. | 18 | | "Sports wagering account" means a financial record | 19 | | established by a sports wagering licensee for an individual | 20 | | patron in which the patron may deposit and withdraw funds | 21 | | within a gaming facility for sports wagering and other | 22 | | authorized purchases and to which the sports wagering licensee | 23 | | may credit winnings or other amounts due to that patron or | 24 | | authorized by that patron. | 25 | | "Sports wagering equipment" means any mechanical, | 26 | | electronic, or other device, mechanism, or equipment and |
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| 1 | | related supplies used or consumed in the operation of sports | 2 | | wagering by a sports wagering licensee, including, but not | 3 | | limited to, a kiosk installed to accept sports wagers. | 4 | | "Sports wagering licensee" means a gaming facility | 5 | | licensed to operate a sports pool and other authorized sports | 6 | | wagering activities. | 7 | | "Supplier" means a person that requires a supplier license | 8 | | to provide a sports wagering licensee with goods or services to | 9 | | be used in connection with the operation of sports wagering. | 10 | | "Wager" means a sum of money or thing of value risked on an | 11 | | uncertain occurrence. | 12 | | Section 10. State authorization of sports wagering. | 13 | | Notwithstanding any provision of law to the contrary, the | 14 | | operation of sports wagering and ancillary activities are only | 15 | | lawful when conducted in accordance with the provisions of this | 16 | | Act and the rules of the Board. | 17 | | Section 15. Board duties and powers. | 18 | | (a) The Board shall have the authority to regulate sports | 19 | | pools and the conduct of sports wagering under this Act. | 20 | | (b) The Board shall examine the regulations implemented in | 21 | | other states where sports wagering is conducted and shall, as | 22 | | far as practicable, adopt a similar regulatory framework | 23 | | through adoption of rules. | 24 | | (c) The Board has the authority to adopt any rules the |
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| 1 | | Board considers necessary for the successful implementation, | 2 | | administration, and enforcement of this Act. Rules proposed by | 3 | | the Board before December 1, 2019 may be adopted as emergency | 4 | | rules pursuant to Section 5-45 of the Illinois Administrative | 5 | | Procedure Act. | 6 | | (d) Rules adopted by the Board may include, but are not | 7 | | limited to, rules governing: | 8 | | (1) the acceptance of wagers on a sports event or a | 9 | | series of sports events; | 10 | | (2) maximum wagers that may be accepted by a sports | 11 | | wagering licensee from any one patron on any one sports | 12 | | event; | 13 | | (3) type of wagering tickets that may be used; | 14 | | (4) the method of issuing tickets; | 15 | | (5) the method of accounting to be used by sports | 16 | | wagering licensees; | 17 | | (6) types of records which shall be kept; | 18 | | (7) the type of system for sports wagering; | 19 | | (8) protections for patrons placing wagers; and | 20 | | (9) the promotion of social responsibility and | 21 | | responsible gaming. | 22 | | (e) The Board shall establish minimum internal control | 23 | | standards and approve minimum internal control standards | 24 | | proposed by sports wagering licensees for the administration of | 25 | | sports wagering operations, sports wagering equipment and | 26 | | systems, or other items used to conduct sports wagering, as |
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| 1 | | well as maintenance of financial records and other required | 2 | | records. | 3 | | (f) For the examination of all mechanical, | 4 | | electromechanical, or electronic wagering equipment, | 5 | | associated equipment, and accounting systems for compliance | 6 | | with this Act, the Board may utilize the services of one or | 7 | | more independent outside testing laboratories that have been | 8 | | accredited by an international accreditation body and that, in | 9 | | the judgment of the Board, are qualified to perform the | 10 | | examinations. | 11 | | (g) The Board shall adopt technical standards governing all | 12 | | equipment, systems, and software critical for ensuring the | 13 | | integrity of the wagering authorized by this Act within 180 | 14 | | days following the effective date of this Act. Until the Board | 15 | | adopts such technical standards, the Board shall utilize a | 16 | | technical standard from an independent testing laboratory that | 17 | | is accredited by the International Organization for | 18 | | Standardization and whose standards for any category of | 19 | | regulated gaming equipment are recognized in 10 or more | 20 | | jurisdictions. | 21 | | (h) The Board shall determine the eligibility of a person | 22 | | to hold or continue to hold a license, shall issue all | 23 | | licenses, and shall maintain a record of all licenses issued | 24 | | under this Act. The Board may accept applications, evaluate | 25 | | qualifications of applicants, and undertake initial review of | 26 | | licenses before adoption of emergency rules upon the effective |
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| 1 | | date of this Act. | 2 | | (i) The Board shall levy and collect all fees, surcharges, | 3 | | civil penalties, and weekly tax on adjusted gross sports | 4 | | wagering receipts imposed by this Act and deposit all moneys | 5 | | into the Sports Wagering Fund, except as otherwise provided | 6 | | under this Act. | 7 | | (j) The Board may exercise any other powers necessary to | 8 | | effectuate the provisions of this Act and the rules of the | 9 | | Board. | 10 | | Section 20. Licenses required. | 11 | | (a) No person may engage in any activity in connection with | 12 | | sports wagering in this State unless all necessary licenses | 13 | | have been obtained in accordance with this Act and the rules of | 14 | | the Board. The following licenses shall be issued pursuant to | 15 | | this Act: | 16 | | (1) sports wagering license; | 17 | | (2) online sports wagering license; | 18 | | (3) supplier license; | 19 | | (4) management services provider license; and | 20 | | (5) occupational license. | 21 | | No person or entity may engage in a sports wagering | 22 | | operation or activity without first obtaining the appropriate | 23 | | license. | 24 | | (b) The Board may not grant a license until it determines | 25 | | that each person who has control of the applicant meets all |
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| 1 | | qualifications for licensure. The following persons are | 2 | | considered to have control of an applicant: | 3 | | (1) each person associated with a corporate applicant, | 4 | | including a corporate holding company, parent company, or | 5 | | subsidiary company of the applicant who has the ability to | 6 | | control the activities of the corporate applicant or elect | 7 | | a majority of the board of directors of that corporation; | 8 | | this does not include a bank or other licensed lending | 9 | | institution that holds a mortgage or other lien acquired in | 10 | | the ordinary course of business; | 11 | | (2) each person associated with a non-corporate | 12 | | applicant who directly or indirectly holds a beneficial or | 13 | | proprietary interest in the applicant's business operation | 14 | | or who the Board otherwise determines has the ability to | 15 | | control the applicant; and | 16 | | (3) key personnel of an applicant, including an | 17 | | executive, employee, or agent, having the power to exercise | 18 | | significant influence over decisions concerning any part | 19 | | of the applicant's business operation. | 20 | | (c) An applicant for a license issued under this Act shall | 21 | | submit an application to the Board in the form the Board | 22 | | requires and submit fingerprints for a national criminal | 23 | | records check by the Department of State Police and the Federal | 24 | | Bureau of Investigation. The fingerprints shall be furnished by | 25 | | all persons required to be named in the application and shall | 26 | | be accompanied by a signed authorization for the release of |
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| 1 | | information by the Federal Bureau of Investigation. The Board | 2 | | may require additional background checks on licensees when they | 3 | | apply for annual license renewal, and an applicant convicted of | 4 | | a disqualifying offense shall not be licensed. | 5 | | (d) Each sports wagering licensee, licensed supplier, or | 6 | | licensed management services provider shall display the | 7 | | license conspicuously in the licensee's place of business or | 8 | | have the license available for inspection by an agent of the | 9 | | Board or a law enforcement agency. | 10 | | (e) Each holder of an occupational license shall carry the | 11 | | license and have some indicia of licensure prominently | 12 | | displayed on his or her person when present in a gaming | 13 | | facility licensed under this Act at all times, in accordance | 14 | | with the rules of the Board. | 15 | | (f) Each person licensed under this Act shall give the | 16 | | Board written notice within 30 days after a change to | 17 | | information provided in the licensee's application for a | 18 | | license or renewal. | 19 | | (g) No Board employee may be an applicant for a license | 20 | | issued under this Act, nor may an employee of a licensee | 21 | | directly or indirectly hold an ownership or a financial | 22 | | interest in a sports wagering license. | 23 | | Section 25. Initial license and renewal requirements for | 24 | | sports wagering licenses obtained by an organization licensee. | 25 | | (a) No sports wagering license may be awarded to or renewed |
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| 1 | | for any entity that is eligible for a sports wagering license | 2 | | because of an organization license awarded by the Illinois | 3 | | Racing Board, unless they meet the following criteria: | 4 | | (1) The entity must hold a valid organization license | 5 | | awarded by the Illinois Racing Board for the term of the | 6 | | license. | 7 | | (2) The entity must hold an inter-track wagering | 8 | | license awarded by the Illinois Racing Board for the term | 9 | | of the license. | 10 | | (3) The entity, for the term of the license, must have | 11 | | a signed contract with the horsemen association | 12 | | representing the largest number of owners, trainers, | 13 | | jockeys, or standardbred drivers who race horses at that | 14 | | organization licensee's racing meeting, the right to | 15 | | execute or decline such contract being without condition, | 16 | | and that stipulates: | 17 | | (A) the number of races to be conducted at the | 18 | | racing meeting and penalties for failure to conduct | 19 | | those races; | 20 | | (B) the amounts to be distributed to purse accounts | 21 | | and penalties for failure to timely make such | 22 | | distributions; and | 23 | | (C) the reduction and ultimate elimination of | 24 | | money payable from purses to organization licensees | 25 | | under paragraph (13) of subsection (g) of Section 26 of | 26 | | the Illinois Horse Racing Act of 1975, with such |
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| 1 | | reduction and elimination achieved as agreed either | 2 | | through reimbursement or non-acceptance. | 3 | | (4) The entity may not receive any proceeds from | 4 | | adjusted sports wagering receipts during any period that | 5 | | adjusted sports wagering receipts are not being deposited | 6 | | into the purse accounts as provided in the signed contract | 7 | | with the applicable horsemen association. | 8 | | (b) The Board shall study the viability and benefit of | 9 | | providing a sports wagering license to the horsemen association | 10 | | representing the largest number of owners, training jockeys, or | 11 | | standardbred drivers who race horses at an organization | 12 | | licensee's racing meetings and shall prepare a report for the | 13 | | General Assembly and the Governor no later than 12 months after | 14 | | the effective date of this Act. The report to the General | 15 | | Assembly shall be filed with the Clerk of the House of | 16 | | Representatives and the Secretary of the Senate in electronic | 17 | | form only, in the manner that the Clerk and the Secretary shall | 18 | | direct. | 19 | | Section 30. Sports wagering license; requirements. | 20 | | (a) A gaming facility may operate sports wagering upon the | 21 | | approval of the Board, and the Board shall have the general | 22 | | responsibility for the implementation of this Act and rules | 23 | | adopted under this Act. | 24 | | (b) A sports wagering license granted by the Board pursuant | 25 | | to this Act grants a sports wagering licensee lawful authority |
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| 1 | | to conduct sports wagering within the terms and conditions of | 2 | | the license and any rules adopted under this Act. | 3 | | (c) The Board may issue sports wagering licenses in | 4 | | accordance with the provisions of this Act. | 5 | | (d) Upon application by a gaming facility and payment of a | 6 | | $10,000,000 application fee, the Board shall grant a sports | 7 | | wagering license to a gaming facility, provided that the | 8 | | applicant holds a valid organization license issued by the | 9 | | Illinois Racing Board pursuant to the Illinois Horse Racing Act | 10 | | of 1975 or a valid owners license issued by the Board pursuant | 11 | | to the Riverboat Gambling Act, and otherwise meets the | 12 | | requirements for licensure under the provisions of this Act and | 13 | | the rules of the Board. The application fee may be prorated so | 14 | | that the renewal date of the organization licensee's or owners | 15 | | licensee's sports wagering license aligns with the renewal date | 16 | | of its license under the appropriate Act. The sports wagering | 17 | | license shall be issued for a 4-year period and may be renewed | 18 | | for 4-year periods upon payment of a $500,000 renewal fee as | 19 | | long as the gaming facility continues to meet all qualification | 20 | | requirements. | 21 | | (e) An inter-track wagering location licensee is | 22 | | authorized to conduct sports wagering if the organization | 23 | | licensee it derives its license from is issued a sports | 24 | | wagering license. | 25 | | (f) A sports wagering license authorizes the operation of | 26 | | sports wagering at locations and through a mobile application |
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| 1 | | or other digital platforms approved by the Board. | 2 | | (g) The following apply to management service contracts: | 3 | | (1) A sports wagering licensee may not enter into a | 4 | | management services contract that would permit any person | 5 | | other than the sports wagering licensee to act as the | 6 | | Board's agent in operating sports wagering unless the | 7 | | management service contract: (A) is with a person licensed | 8 | | under this Act to provide management services; (B) is in | 9 | | writing; and (C) has been approved by the Board. | 10 | | (2) The sports wagering licensee shall submit a | 11 | | material change in a management services contract, | 12 | | previously approved by the Board, to the Board for its | 13 | | approval or rejection before the material change may take | 14 | | effect. | 15 | | (3) The duties and responsibilities of a management | 16 | | services provider under a management services contract may | 17 | | not be assigned, delegated, subcontracted, or transferred | 18 | | to a third party without the prior approval of the Board. A | 19 | | third party must be licensed as a management services | 20 | | provider under this Act before providing services. | 21 | | (h) A sports wagering licensee shall submit to the Board | 22 | | documentation or information as the Board may require | 23 | | demonstrating to the satisfaction of the Administrator that the | 24 | | licensee continues to meet the requirements of this Act and the | 25 | | rules adopted under this Act. Required documentation or | 26 | | information shall be submitted no later than 4 years after |
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| 1 | | issuance of a sports wagering license and every 4 years | 2 | | thereafter or within lesser periods based on circumstances | 3 | | specified by the Board. | 4 | | (i) If the sports wagering licensee fails to apply to renew | 5 | | its license issued before expiration, the Board shall renew its | 6 | | license under this Act at the time the expired license is | 7 | | renewed as long as the sports wagering licensee was operating | 8 | | in compliance with applicable requirements in the preceding | 9 | | license year. | 10 | | (j) Upon application for a sports wagering license and | 11 | | annually thereafter, a sports wagering licensee shall submit to | 12 | | the Board an annual audit of the financial transactions and | 13 | | condition of the sports wagering licensee's total operations | 14 | | prepared by a certified public accountant in accordance with | 15 | | generally accepted accounting principles and applicable | 16 | | federal and State laws. | 17 | | (k) A sports wagering licensee shall provide suitable | 18 | | office space at the sports wagering facility, at no cost, for | 19 | | the Board to perform the duties required of it by this Act and | 20 | | the rules of the Board. | 21 | | (l) A sports wagering licensee shall demonstrate that its | 22 | | wagering will: (1) be accessible to disabled individuals, in | 23 | | accordance with applicable federal and State laws; (2) be | 24 | | licensed in accordance with this Act and all other applicable | 25 | | federal, State, and local laws; and (3) meet any other | 26 | | qualifications specified in rules adopted by the Board. |
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| 1 | | Section 35. Online sports wagering license; requirements. | 2 | | (a) The Board shall issue up to 10 online sports wagering | 3 | | licenses to any person, firm, corporation, limited liability | 4 | | company, or partnership that enters into a contractual | 5 | | agreement with a sports wagering licensee to offer sports | 6 | | wagering within the physical confines of a gaming facility and | 7 | | meets all of the following criteria: | 8 | | (1) has filed with the Board certified copies of all | 9 | | the applicant's organic business documents, as applicable, | 10 | | such as articles of incorporation and bylaws, articles of | 11 | | organization, partnership or member agreements, | 12 | | shareholder agreements and limited liability company | 13 | | management agreements, as well as the entity's Federal | 14 | | Employer Identification Number; | 15 | | (2) has filed with the Board the names, addresses, and | 16 | | business activity of all businesses in which applicant has | 17 | | held an ownership interest during the past 10 years; | 18 | | (3) has passed a full criminal background check, | 19 | | through a formal process established by the Board, of all | 20 | | principals. The Board shall ensure that all criminal | 21 | | background checks are conducted promptly upon filing of an | 22 | | application and fee, and that the background check will be | 23 | | completed within 90 days; | 24 | | (4) has financial reserves of no less than $5,000,000 | 25 | | in liquid assets at the time of initial licensing. Proof of |
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| 1 | | financial reserves must be provided to the Board in the | 2 | | form of a signed statement from an Illinois licensed | 3 | | certified public accountant, dated within 30 calendar days | 4 | | of the date of the filing of the application, attesting | 5 | | that the applicant has such funds under its control; | 6 | | (5) has filed with the Board proof of all insurance | 7 | | coverage required by law, including workers' compensation | 8 | | and liability insurance, with liability coverages of no | 9 | | less than $2,000,000, and with full indemnification for the | 10 | | State of Illinois and its employees; | 11 | | (6) has filed with the Board a signed notarized | 12 | | statement certifying that no prospective principal officer | 13 | | or board member has been convicted of an excluded offense | 14 | | in any state or country, that the applicant will register | 15 | | with the Illinois Department of Revenue upon licensing, | 16 | | that all information provided to the Board is complete and | 17 | | accurate, that it has actual notice of all State laws that | 18 | | pertain to operating a legal sports wagering business in | 19 | | Illinois, and that all of applicant's principal officers | 20 | | and vendors expressly agree to be subject to service of | 21 | | process in Illinois with a current Illinois address on file | 22 | | with the Board; and | 23 | | (7) has posted with the Board a surety bond of | 24 | | $1,000,000, issued by an insurance company authorized to | 25 | | transact fidelity and surety business in the State of | 26 | | Illinois; the bond shall be used to guarantee that the |
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| 1 | | licensee faithfully makes the payments, keeps books and | 2 | | records, makes reports, and conducts sports wagering | 3 | | operations in conformity with this Act. | 4 | | (b) The Board shall not issue an online sports wagering | 5 | | license to an applicant whose background check reveals the | 6 | | applicant seeking the online sports wagering license, or any | 7 | | principal officer or board member of the entity seeking the | 8 | | online sports wagering license, has been convicted, fined, or | 9 | | censured or has had a registration or license suspended or | 10 | | revoked in an administrative or judicial proceeding. | 11 | | (c) All information, records, interviews, reports, | 12 | | statements, memoranda, or other data supplied to or used by the | 13 | | Board in the course of its review or investigation of an | 14 | | application for an online sports wagering license or a renewal | 15 | | under this Act is subject to Section 5.1 of the Riverboat | 16 | | Gambling Act. | 17 | | (d) Any person, association, corporation, partnership, or | 18 | | entity who (i) knowingly makes materially false statements in | 19 | | order to obtain an online sports wagering license; (ii) | 20 | | knowingly advertises within the State of Illinois any game, | 21 | | product, or feature that is not authorized by his or her | 22 | | license; or (iii) violates any other provision of this Act or | 23 | | any rule adopted under this Act is guilty of a Class B | 24 | | misdemeanor for the first violation and is guilty of a Class A | 25 | | misdemeanor for a second or subsequent violation. In the case | 26 | | of an association, corporation, partnership, or entity, |
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| 1 | | imprisonment may be imposed upon its officers who knowingly | 2 | | participated in the violation. | 3 | | (e) An online sports wagering license issued under this Act | 4 | | shall be valid for a period of 4 years after the date of | 5 | | issuance and shall be renewable thereafter for an additional 4 | 6 | | years upon payment of a $500,000 renewal fee based on a | 7 | | determination by the Board that the online sports wagering | 8 | | licensee continues to meet all requirements of this Act and the | 9 | | Board's rules. Notwithstanding any other law to the contrary, | 10 | | any assignment or transfer of an interest in an online sports | 11 | | wagering license, or a greater than 10% interest, direct or | 12 | | indirect, in any entity holding an online sports wagering | 13 | | license, is subject to the written approval by the Board. | 14 | | Approved transferees are subject to a nonrefundable | 15 | | application fee, the amount of which shall be determined by the | 16 | | Board by rule. | 17 | | Section 40. Management services provider license; | 18 | | requirements. | 19 | | (a) The holder of a sports wagering license may contract | 20 | | with an entity to conduct that operation in accordance with the | 21 | | rules of the Board. The license shall be issued pursuant to the | 22 | | provisions of this Act and any rules adopted by the Board. | 23 | | (b) Each applicant for a management services provider | 24 | | license shall meet all requirements for licensure and pay a | 25 | | nonrefundable license and application fee of $250,000. The |
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| 1 | | Board may adopt rules establishing additional requirements for | 2 | | an authorized management services provider. The Board may | 3 | | accept licensing by another jurisdiction that it specifically | 4 | | determines to have similar licensing requirements as evidence | 5 | | the applicant meets authorized management services provider | 6 | | licensing requirements. | 7 | | (c) Management services provider licenses shall be renewed | 8 | | annually to a licensee who continues to be in compliance with | 9 | | all requirements and who pays the annual renewal fee of | 10 | | $250,000. | 11 | | (d) An entity or individual who shares in revenue, | 12 | | including an affiliate operating under a revenue share | 13 | | agreement, shall be licensed under this Section. | 14 | | Section 45. Supplier license; requirements. | 15 | | (a) The Board may issue a supplier license to a person to | 16 | | sell or lease sports wagering equipment, systems, or other | 17 | | gaming items necessary to conduct sports wagering, and offer | 18 | | services related to the equipment or other gaming items to a | 19 | | sports wagering licensee while the license is active. The Board | 20 | | may establish the conditions under which the Board may issue | 21 | | provisional licenses, pending completion of final action on an | 22 | | application. | 23 | | (b) The Board may adopt rules establishing additional | 24 | | requirements for a supplier and any system or other equipment | 25 | | utilized for sports wagering. The Board may accept licensing by |
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| 1 | | another jurisdiction that it specifically determines to have | 2 | | similar licensing requirements as evidence the applicant meets | 3 | | supplier licensing requirements. | 4 | | (c) An applicant for a supplier license shall demonstrate | 5 | | that the equipment, system, or services that the applicant | 6 | | plans to offer to the sports wagering licensee conforms to | 7 | | standards established by the Board and applicable State law. | 8 | | The Board may accept approval by another jurisdiction that it | 9 | | specifically determines have similar equipment standards as | 10 | | evidence the applicant meets the standards established by the | 11 | | Board and applicable State law. | 12 | | (d) Applicants shall pay to the Board a nonrefundable | 13 | | license and application fee in the amount of $100,000. After | 14 | | the initial one-year term, the Board shall renew supplier | 15 | | licenses annually thereafter. Renewal of a supplier license | 16 | | shall be granted to a renewal applicant who has continued to | 17 | | comply with all applicable statutory and regulatory | 18 | | requirements, upon submission of the Board-issued renewal form | 19 | | and payment of a $100,000 renewal fee. | 20 | | (e) A supplier shall submit to the Board a list of all | 21 | | sports wagering equipment and services sold, delivered to, or | 22 | | offered to a sports wagering licensee in this State, as | 23 | | required by the Board, all of which must be tested and approved | 24 | | by an independent testing laboratory approved by the Board. A | 25 | | sports wagering licensee may continue to use supplies acquired | 26 | | from a licensed supplier, even if a supplier's supplier license |
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| 1 | | expires or is otherwise canceled, unless the Board finds a | 2 | | defect in the supplies. | 3 | | Section 50. Occupational license; requirements. | 4 | | (a) All persons employed to be engaged directly in sports | 5 | | wagering-related activities, or otherwise conducting or | 6 | | operating sports wagering, shall be licensed by the Board and | 7 | | maintain a valid occupational license at all times, and the | 8 | | Board shall issue the license to be employed in the operation | 9 | | of sports wagering to a person who meets the requirements of | 10 | | this Section. | 11 | | (b) An occupational license to be employed by a gaming | 12 | | facility authorized to conduct sports wagering permits the | 13 | | licensee to be employed in the capacity designated by the Board | 14 | | while the license is still active. The Board may establish, by | 15 | | rule, job classifications with different requirements to | 16 | | recognize the extent to which a particular job has the ability | 17 | | to impact the proper operation of sports wagering. | 18 | | (c) Applicants shall submit any required application forms | 19 | | established by the Board and pay a nonrefundable application | 20 | | fee of $100. The fee may be paid on behalf of an applicant by | 21 | | the employer. | 22 | | (d) Each licensed employee shall pay to the Board an annual | 23 | | license fee of $100 by June 30 of each year. The fee may be paid | 24 | | on behalf of the licensed employee by the employer. In addition | 25 | | to a renewal fee, each licensed employee shall annually submit |
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| 1 | | a renewal application on the form required by the Board. | 2 | | Section 55. License prohibitions. | 3 | | (a) The Board may not grant a license pursuant to the | 4 | | provisions of this Act if evidence satisfactory to the Board | 5 | | exists that the applicant: | 6 | | (1) has knowingly made a false statement of a material | 7 | | fact to the Board; | 8 | | (2) has been suspended from operating a gambling game, | 9 | | gaming device, or gaming operation or had a license revoked | 10 | | by a governmental authority responsible for regulating | 11 | | gaming activities; or | 12 | | (3) has been convicted of a crime of moral turpitude, a | 13 | | gambling-related offense, a theft or fraud offense, or has | 14 | | otherwise demonstrated, either by a police record or other | 15 | | satisfactory evidence, a lack of respect for law and order. | 16 | | (b) The Board may deny a license to an applicant, reprimand | 17 | | a licensee, or suspend or revoke a license if the applicant or | 18 | | licensee: | 19 | | (1) has not demonstrated to the satisfaction of the | 20 | | Board financial responsibility sufficient to adequately | 21 | | meet the requirements of the proposed enterprise; | 22 | | (2) is not the true owner of the business or is not the | 23 | | sole owner and has not disclosed the existence or identity | 24 | | of other persons who have an ownership interest in the | 25 | | business; or |
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| 1 | | (3) is a corporation that sells more than 5% of a | 2 | | licensee's voting stock or more than 5% of the voting stock | 3 | | of a corporation that controls the licensee or sells a | 4 | | licensee's assets, other than those bought and sold in the | 5 | | ordinary course of business, or any interest in the assets, | 6 | | to a person not already determined by the Board to have met | 7 | | the qualifications of a licensee under this Act. | 8 | | (c) In the case of an applicant for a sports wagering | 9 | | license, the Board may deny a license to an applicant, | 10 | | reprimand a licensee, or suspend or revoke a license if an | 11 | | applicant has not met the requirements of this Section or any | 12 | | other provision of this Act. | 13 | | Section 60. Sports wagering house rules; posting of rules. | 14 | | (a) Each sports wagering licensee shall adopt | 15 | | comprehensive house rules for game play governing sports | 16 | | wagering transactions with its patrons. These comprehensive | 17 | | rules shall be published as part of the minimum internal | 18 | | control standards. The rules shall specify the amounts to be | 19 | | paid on winning wagers and the effect of schedule changes. | 20 | | House rules shall be approved by the Board before | 21 | | implementation. | 22 | | (b) The house rules, together with any other information | 23 | | the Board deems appropriate, shall be conspicuously displayed | 24 | | and included in the terms and conditions of the sports wagering | 25 | | system. Copies shall be made readily available to patrons. |
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| 1 | | Section 65. Sports wagering licensee duties; sports | 2 | | wagering at a gaming facility. | 3 | | (a) Sports wagering licensees shall: | 4 | | (1) employ a monitoring system utilizing software to | 5 | | identify non-normal irregularities in volume or odds | 6 | | swings that could signal suspicious activities that should | 7 | | require further investigation that shall be immediately | 8 | | reported and investigated by the Board; system | 9 | | requirements and specifications shall be developed | 10 | | according to industry standards and implemented by the | 11 | | Board as part of the minimum internal control standards; | 12 | | (2) promptly report to the Board any facts or | 13 | | circumstances related to the operation of a sports wagering | 14 | | licensee that constitute a violation of State or federal | 15 | | law and immediately report any suspicious betting over a | 16 | | threshold set by the sports wagering licensee that has been | 17 | | approved by the Board to the appropriate State or federal | 18 | | authorities; | 19 | | (3) conduct all sports wagering activities and | 20 | | functions in a manner that does not pose a threat to the | 21 | | public health, safety, or welfare of the citizens of this | 22 | | State; | 23 | | (4) hold the Board and this State harmless from and | 24 | | defend and pay for the defense of any and all claims that | 25 | | may be asserted against a licensee, the Board, this State, |
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| 1 | | or employees thereof, arising from the licensee's actions | 2 | | or omission while acting as an agent of the Board operating | 3 | | sports wagering pursuant to this Act; | 4 | | (5) assist the Board in maximizing sports wagering | 5 | | revenues; and | 6 | | (6) keep current in all payments and obligations to the | 7 | | Board. | 8 | | (b) All sports wagering licensees shall: | 9 | | (1) acquire sports wagering equipment by purchase, | 10 | | lease, or other assignment from licensed suppliers and | 11 | | provide a secure location for the placement, operation, and | 12 | | play of sports wagering equipment; | 13 | | (2) prevent a person from tampering with or interfering | 14 | | with the operation of sports wagering; | 15 | | (3) ensure that sports wagering conducted at a gaming | 16 | | facility is within the sight and control of designated | 17 | | employees of the licensee and the sports wagering at the | 18 | | facility or otherwise available by the licensee is | 19 | | conducted under continuous observation by security | 20 | | equipment in conformity with specifications and | 21 | | requirements of the Board; | 22 | | (4) ensure that sports wagering occurs only in the | 23 | | specific locations within designated gaming areas approved | 24 | | by the Board or using a Board-approved mobile application | 25 | | or other digital platform that utilizes communications | 26 | | technology to accept wagers originating within this State |
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| 1 | | or on a sports wagering device; sports wagering shall only | 2 | | be relocated or offered in additional authorized manners in | 3 | | accordance with the rules of the Board; | 4 | | (5) maintain sufficient cash and other supplies to | 5 | | conduct sports wagering at all times; and | 6 | | (6) maintain daily records showing the gross sports | 7 | | wagering receipts and adjusted gross sports wagering | 8 | | receipts of the licensee from sports wagering and timely | 9 | | file with the Board any additional reports required by rule | 10 | | or by other provisions of this Act. | 11 | | Section 70. Posting of betting limits. A sports wagering | 12 | | licensee shall conspicuously post a sign at each sports | 13 | | wagering location indicating the minimum and maximum wagers | 14 | | permitted at that location and shall comply with the same. | 15 | | Section 75. Compulsive gambling. Each online sports | 16 | | wagering licensee shall include a statement regarding | 17 | | obtaining assistance with gambling problems, the text of which | 18 | | shall be determined by rule by the Department of Human | 19 | | Services, on the online sports wagering licensee's online | 20 | | application. | 21 | | Section 80. Authorization of sports wagering; | 22 | | requirements. | 23 | | (a) A person placing a wager with a sports wagering |
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| 1 | | licensee or online sports wagering licensee shall be at least | 2 | | 21 years of age. | 3 | | (b) A patron must deposit funds into and withdraw funds | 4 | | from a sports wagering account within a gaming facility. | 5 | | (c) The Board or a sports wagering licensee may ban a | 6 | | person from entering a gaming area of a gaming facility | 7 | | conducting sports wagering or the grounds of a gaming facility | 8 | | licensed under this Act or from participating in the play or | 9 | | operation of sports wagering. A log of all excluded players | 10 | | shall be kept by the Board and each licensee, and no player on | 11 | | the Board's exclusion list or the sports wagering licensee's | 12 | | exclusion list shall wager on sports wagering under this Act. | 13 | | (d) No Board employee may knowingly wager or be paid a | 14 | | prize from a wager placed at a gaming facility licensed under | 15 | | this Act within this State or at any facility outside this | 16 | | jurisdiction that is directly or indirectly owned or operated | 17 | | by a sports wagering licensee. | 18 | | Section 85. Recordkeeping; information sharing. | 19 | | (a) Sports wagering licensees and online sports wagering | 20 | | licensees shall maintain records of all bets and wagers placed, | 21 | | including personally identifiable information of the bettor, | 22 | | amount and type of bet, time the bet was placed, location of | 23 | | the bet, the outcome of the bet, records of abnormal betting | 24 | | activity, and video camera recordings in the case of in-person | 25 | | wagers for at least 3 years after the sporting event occurs and |
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| 1 | | make the data available for inspection upon request of the | 2 | | Board or as required by a court order. | 3 | | (b) If a sports governing body has notified the Board that | 4 | | real-time information sharing for wagers placed on its sporting | 5 | | events is necessary and desirable, sports wagering licensees | 6 | | and online sports wagering licensees shall share in real time | 7 | | the information required to be retained pursuant to this | 8 | | Section (other than video files) with the sports governing body | 9 | | or its designee respecting wagers on its sporting events. | 10 | | (c) If the Board adopts rules requiring a royalty, a sports | 11 | | wagering licensee or online sports wagering licensee shall | 12 | | remit to a sports governing body that has provided notice to | 13 | | the Board pursuant to subsection (b) a royalty of 0.20% of the | 14 | | amount wagered on its sporting events. The sports wagering | 15 | | licensee or online sports wagering licensee shall remit the | 16 | | royalty only after the sports governing body has provided the | 17 | | sports wagering licensee or online sports wagering licensee | 18 | | access to official league data. The sports wagering licensee or | 19 | | online sports wagering licensee shall remit royalties to the | 20 | | sports governing body at least once per calendar quarter. | 21 | | (d) The Board shall cooperate with a sports governing body | 22 | | and licensees to ensure the timely, efficient, and accurate | 23 | | sharing of information and the remittance of proceedings of the | 24 | | royalty to the sports governing body. | 25 | | (e) A sports wagering licensee or online sports wagering | 26 | | licensee is prohibited from entering into an independent |
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| 1 | | contractual relationship with a sports governing body for | 2 | | access to official league data. | 3 | | Section 90. Sports wagering revenues; accounting for the | 4 | | State's share of revenue imposed for the privilege of offering | 5 | | sports wagering. | 6 | | (a) For the privilege of holding a license to operate | 7 | | sports wagering under this Act, this State shall impose and | 8 | | collect 15% of the sports wagering licensee's adjusted gross | 9 | | sports wagering receipts. The accrual method of accounting | 10 | | shall be used for purposes of calculating the amount of the tax | 11 | | owed by the licensee. | 12 | | (b) For the privilege of holding a license to operate | 13 | | sports wagering under this Act, this State shall impose and | 14 | | collect 15% of the online sports wagering licensee's adjusted | 15 | | gross sports wagering receipts. The accrual method of | 16 | | accounting shall be used for purposes of calculating the amount | 17 | | of the tax owed by the licensee. | 18 | | (c) The calculation of gross sports wagering receipts or | 19 | | adjusted gross sports wagering receipts, for the purposes of | 20 | | this Section, shall not include the dollar amount of | 21 | | non-cashable vouchers, coupons, and electronic promotions | 22 | | redeemed by wagerers up to and including an amount not to | 23 | | exceed 10% of a sports wagering licensee's or online sports | 24 | | wagering licensee's adjusted gross sports wagering receipts. | 25 | | The Board shall submit to the General Assembly a |
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| 1 | | comprehensive report no later than March 31, 2021 detailing, at | 2 | | a minimum, the effect of removing non-cashable vouchers, | 3 | | coupons, and electronic promotions from this calculation on net | 4 | | gaming revenues to the State in calendar years 2018 through | 5 | | 2020, the increase or reduction in wagerers as a result of | 6 | | removing non-cashable vouchers, coupons, and electronic | 7 | | promotions from this calculation, the effect of the tax rates | 8 | | in subsections (a) and (b) on net gaming revenues to the State, | 9 | | and proposed modifications to the calculation. | 10 | | (d) The taxes levied and collected pursuant to subsections | 11 | | (a) and (b) are due and payable to the Board in weekly | 12 | | installments on or before the Wednesday following the calendar | 13 | | week in which the adjusted gross sports wagering receipts were | 14 | | received and the tax obligation was accrued. | 15 | | (e) The sports wagering licensee or online sports wagering | 16 | | licensee shall complete and submit the return for the preceding | 17 | | week by electronic communication to the Board, on or before | 18 | | Wednesday of each week, in the form prescribed by the Board | 19 | | that provides: | 20 | | (1) the total gross sports wagering receipts and | 21 | | adjusted gross sports wagering receipts from operation of | 22 | | sports wagering during that week; | 23 | | (2) the tax amount for which the sports wagering | 24 | | licensee or online sports wagering licensee is liable; and | 25 | | (3) any additional information necessary in the | 26 | | computation and collection of the tax on adjusted gross |
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| 1 | | sports wagering receipts required by the Board. | 2 | | (f) The tax amount shown to be due shall be remitted by | 3 | | electronic funds transfer simultaneously with the filing of the | 4 | | return. All moneys received by the Board pursuant to this | 5 | | Section shall be deposited into the Sports Wagering Fund in | 6 | | accordance with the provisions of this Act. | 7 | | Section 95. Sports Wagering Fund; distribution of funds. | 8 | | (a) The Sports Wagering Fund is hereby created as a special | 9 | | fund in the State treasury and all moneys collected under this | 10 | | Act by the Board shall be deposited with the State Treasurer to | 11 | | the Sports Wagering Fund. The Fund shall be an interest-bearing | 12 | | account with all interest or other return earned on the money | 13 | | of the Fund credited to and deposited into the Fund. All | 14 | | expenses of the Board incurred in the administration and | 15 | | enforcement of this Act shall be paid from the Fund pursuant to | 16 | | subsection (b). | 17 | | (b) The Board shall deduct an amount sufficient to | 18 | | reimburse its actual costs and expenses incurred in | 19 | | administering sports wagering at licensed gaming facilities | 20 | | from the gross deposits into the Sports Wagering Fund. | 21 | | (c) The Board shall retain up to 15% of gross deposits for | 22 | | the Fund operation and its administrative expenses. If the | 23 | | percentage allotted for operations and administration | 24 | | generates a surplus, the surplus shall be allowed to accumulate | 25 | | but may not exceed $250,000. The amount remaining after the |
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| 1 | | deduction for administrative expenses is the net profit. In | 2 | | each fiscal year, the net profit shall be deposited in equal | 3 | | amounts to the State Construction Account Fund, the Pension | 4 | | Stabilization Fund, and the Common School Fund. | 5 | | Section 100. Law enforcement. Notwithstanding any | 6 | | provision of law to the contrary, the Board shall, by contract | 7 | | or cooperative agreement with the Department of State Police, | 8 | | arrange for those law enforcement services uniquely related to | 9 | | gaming, as such occurs at facilities of the type authorized by | 10 | | this Act, that are necessary to enforce the provisions of this | 11 | | Act that are not subject to federal jurisdiction. However, the | 12 | | Department of State Police shall only have exclusive | 13 | | jurisdiction over offenses committed on the grounds of a gaming | 14 | | facility licensed under this Act that are offenses relating to | 15 | | gaming. | 16 | | Section 105. Civil penalties. The Board may impose on any | 17 | | person who violates the provisions of this Act a civil penalty | 18 | | not to exceed $50,000 for each violation. The penalty shall be | 19 | | imposed on all individuals and is not limited to individuals | 20 | | licensed under this Act. This provision shall not be construed | 21 | | as applicable to office pools. | 22 | | Section 110. Crimes and penalties related to unauthorized | 23 | | sports wagering operations. |
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| 1 | | (a) Any person, other than a licensee under this Act, who | 2 | | engages in accepting, facilitating, or operating a sports | 3 | | wagering operation is guilty of a Class A misdemeanor with the | 4 | | applicable fines and confinement. | 5 | | (b) Notwithstanding the penalty provisions of subsection | 6 | | (a), a person convicted of a second violation of subsection (a) | 7 | | is guilty of a Class A misdemeanor with the applicable fines | 8 | | and confinement. | 9 | | (c) Notwithstanding the penalty provisions of subsection | 10 | | (a) or (b), a person convicted of a third or subsequent | 11 | | violation of subsection (a) is guilty of a Class 4 felony with | 12 | | the applicable fines and confinement. | 13 | | Section 115. Crimes and penalties related to authorized | 14 | | sports wagering operation. | 15 | | (a) A sports wagering licensee is guilty of unlawful | 16 | | operation and is guilty of a Class A misdemeanor if: | 17 | | (1) the licensee operates sports wagering without | 18 | | authority of the Board to do so; | 19 | | (2) the licensee operates sports wagering in a location | 20 | | or by a manner that is not approved by the Board; | 21 | | (3) the licensee knowingly conducts, carries on, | 22 | | operates, or allows sports wagering to occur on premises or | 23 | | through any other device if equipment or material has been | 24 | | tampered with or exposed to conditions in which it will be | 25 | | operated in a manner designed to deceive the public; |
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| 1 | | (4) the licensee employs an individual who does not | 2 | | hold a valid occupational license in a position for which a | 3 | | license is required or otherwise allows an individual to | 4 | | perform duties for which a license is required or continues | 5 | | to employ an individual after the employee's occupational | 6 | | license is no longer valid; | 7 | | (5) the licensee acts or employs another person to act | 8 | | as if he or she is not an agent or employee of the licensee | 9 | | in order to encourage participation in sports wagering at | 10 | | the gaming facility licensed under this Act; | 11 | | (6) the licensee knowingly permits an individual under | 12 | | the age of 21 to enter or remain in a designated gaming | 13 | | area or to engage in sports wagering at a licensed gaming | 14 | | facility; or | 15 | | (7) the licensee exchanges tokens, chips, electronic | 16 | | media, or other forms of credit used for sports wagering | 17 | | for anything of value except money or credits applied to a | 18 | | sports wagering account at a gaming facility licensed under | 19 | | this Act. | 20 | | (b) A person is guilty of a felony if: | 21 | | (1) a person offers, promises, or gives anything of | 22 | | value to anyone for the purpose of influencing the outcome | 23 | | of a race, sports event, contest, or game upon which a | 24 | | wager may be made or a person places, increases, or | 25 | | decreases a wager after acquiring knowledge, not available | 26 | | to the general public, that anyone has been offered, |
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| 1 | | promised, or given anything of value for the purpose of | 2 | | influencing the outcome of the race, sports event, contest, | 3 | | or game upon which the wager is placed, increased, or | 4 | | decreased or attempts to do any of the same; | 5 | | (2) a person changes or alters the normal outcome of a | 6 | | game played on a mobile or other digital platform, | 7 | | including an interactive gaming system used to monitor the | 8 | | same or the way in which the outcome is reported to a | 9 | | participant in the game; | 10 | | (3) the person manufactures, sells, or distributes a | 11 | | device that is intended by that person to be used to | 12 | | violate any provision of this Act or the sports wagering | 13 | | laws of any other state; | 14 | | (4) the person places a bet or aids any other | 15 | | individual in placing a bet on a sports event or other | 16 | | sports wagering game or offering authorized under this Act | 17 | | after unlawfully acquiring knowledge of the outcome on | 18 | | which winnings from that bet are contingent; | 19 | | (5) the person claims, collects, or takes anything of | 20 | | value from a wagering with intent to defraud or attempts | 21 | | such action without having made a wager in which the amount | 22 | | or value is legitimately won or owed; | 23 | | (6) the person knowingly places a wager using | 24 | | counterfeit currency or other counterfeit form of credit | 25 | | for sports wagering at a wagering; or | 26 | | (7) the person, not a sports wagering licensee or an |
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| 1 | | employee or agent of a sports wagering licensee acting in | 2 | | furtherance of the sports wagering licensee's interest, | 3 | | has in his or her possession on grounds owned by the gaming | 4 | | facility licensed under this Act or on grounds contiguous | 5 | | to the gaming facility licensed under this Act, any device | 6 | | intended to be used to violate a provision of this Act or | 7 | | any rule of the Board. | 8 | | (c) A person who violates a provision of subsection (a) is | 9 | | guilty of a Class A misdemeanor and, upon conviction thereof, | 10 | | shall be fined not more than $1,000 or confined in jail for not | 11 | | more than 6 months, or both fined and confined, except any | 12 | | violation that is not committed by a natural person may result | 13 | | in a fine of not more than $25,000. | 14 | | (d) A person who violates a provision of subsection (b) is | 15 | | guilty of a Class 4 felony and, upon conviction thereof, shall | 16 | | be fined not less than $5,000 nor more than $10,000 or confined | 17 | | in a State correctional facility for not less than one year nor | 18 | | more than 5 years, or both fined and confined. | 19 | | (e) With regard to subsection (a), each sports wagering | 20 | | licensee shall post notice of the prohibitions and penalties of | 21 | | this Section in a manner determined by the rules of the Board. | 22 | | Section 120. Home rule. The regulation of sports wagering | 23 | | is an exclusive power and function of the State. A home rule | 24 | | unit may not regulate sports wagering. This Section is a denial | 25 | | and limitation of home rule powers and functions under |
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| 1 | | subsection (h) of Section 6 of Article VII of the Illinois | 2 | | Constitution. | 3 | | Section 125. Exemption from federal law. Pursuant to | 4 | | Section 2 of Chapter 1194, 64 Stat. 1134, 15 U.S.C. 1172, | 5 | | approved January 2, 1951, the State of Illinois, acting by and | 6 | | through duly elected and qualified members of the General | 7 | | Assembly, declares and proclaims that this State is exempt from | 8 | | Chapter 1194, 64 Stat. 1134, 15 U.S.C. 1171-1178. | 9 | | Section 130. Shipment of gambling devices. All shipments of | 10 | | gambling devices, including sports wagering devices or related | 11 | | materials, to licensed gaming facilities in this State are | 12 | | legal shipments of gambling devices into the State of Illinois, | 13 | | as long as the registering, recording, and labeling of which | 14 | | have been completed by the supplier thereof in accordance with | 15 | | Chapter 1194, 64 Stat. 1134, 15 U.S.C. 1171-1178. | 16 | | Section 900. The Illinois Administrative Procedure Act is | 17 | | amended by changing Section 5-45 as follows: | 18 | | (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45) | 19 | | Sec. 5-45. Emergency rulemaking. | 20 | | (a) "Emergency" means the existence of any situation that | 21 | | any agency
finds reasonably constitutes a threat to the public | 22 | | interest, safety, or
welfare. |
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| 1 | | (b) If any agency finds that an
emergency exists that | 2 | | requires adoption of a rule upon fewer days than
is required by | 3 | | Section 5-40 and states in writing its reasons for that
| 4 | | finding, the agency may adopt an emergency rule without prior | 5 | | notice or
hearing upon filing a notice of emergency rulemaking | 6 | | with the Secretary of
State under Section 5-70. The notice | 7 | | shall include the text of the
emergency rule and shall be | 8 | | published in the Illinois Register. Consent
orders or other | 9 | | court orders adopting settlements negotiated by an agency
may | 10 | | be adopted under this Section. Subject to applicable | 11 | | constitutional or
statutory provisions, an emergency rule | 12 | | becomes effective immediately upon
filing under Section 5-65 or | 13 | | at a stated date less than 10 days
thereafter. The agency's | 14 | | finding and a statement of the specific reasons
for the finding | 15 | | shall be filed with the rule. The agency shall take
reasonable | 16 | | and appropriate measures to make emergency rules known to the
| 17 | | persons who may be affected by them. | 18 | | (c) An emergency rule may be effective for a period of not | 19 | | longer than
150 days, but the agency's authority to adopt an | 20 | | identical rule under Section
5-40 is not precluded. No | 21 | | emergency rule may be adopted more
than once in any 24-month | 22 | | period, except that this limitation on the number
of emergency | 23 | | rules that may be adopted in a 24-month period does not apply
| 24 | | to (i) emergency rules that make additions to and deletions | 25 | | from the Drug
Manual under Section 5-5.16 of the Illinois | 26 | | Public Aid Code or the
generic drug formulary under Section |
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| 1 | | 3.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) | 2 | | emergency rules adopted by the Pollution Control
Board before | 3 | | July 1, 1997 to implement portions of the Livestock Management
| 4 | | Facilities Act, (iii) emergency rules adopted by the Illinois | 5 | | Department of Public Health under subsections (a) through (i) | 6 | | of Section 2 of the Department of Public Health Act when | 7 | | necessary to protect the public's health, (iv) emergency rules | 8 | | adopted pursuant to subsection (n) of this Section, (v) | 9 | | emergency rules adopted pursuant to subsection (o) of this | 10 | | Section, or (vi) emergency rules adopted pursuant to subsection | 11 | | (c-5) of this Section. Two or more emergency rules having | 12 | | substantially the same
purpose and effect shall be deemed to be | 13 | | a single rule for purposes of this
Section. | 14 | | (c-5) To facilitate the maintenance of the program of group | 15 | | health benefits provided to annuitants, survivors, and retired | 16 | | employees under the State Employees Group Insurance Act of | 17 | | 1971, rules to alter the contributions to be paid by the State, | 18 | | annuitants, survivors, retired employees, or any combination | 19 | | of those entities, for that program of group health benefits, | 20 | | shall be adopted as emergency rules. The adoption of those | 21 | | rules shall be considered an emergency and necessary for the | 22 | | public interest, safety, and welfare. | 23 | | (d) In order to provide for the expeditious and timely | 24 | | implementation
of the State's fiscal year 1999 budget, | 25 | | emergency rules to implement any
provision of Public Act 90-587 | 26 | | or 90-588
or any other budget initiative for fiscal year 1999 |
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| 1 | | may be adopted in
accordance with this Section by the agency | 2 | | charged with administering that
provision or initiative, | 3 | | except that the 24-month limitation on the adoption
of | 4 | | emergency rules and the provisions of Sections 5-115 and 5-125 | 5 | | do not apply
to rules adopted under this subsection (d). The | 6 | | adoption of emergency rules
authorized by this subsection (d) | 7 | | shall be deemed to be necessary for the
public interest, | 8 | | safety, and welfare. | 9 | | (e) In order to provide for the expeditious and timely | 10 | | implementation
of the State's fiscal year 2000 budget, | 11 | | emergency rules to implement any
provision of Public Act 91-24
| 12 | | or any other budget initiative for fiscal year 2000 may be | 13 | | adopted in
accordance with this Section by the agency charged | 14 | | with administering that
provision or initiative, except that | 15 | | the 24-month limitation on the adoption
of emergency rules and | 16 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 17 | | rules adopted under this subsection (e). The adoption of | 18 | | emergency rules
authorized by this subsection (e) shall be | 19 | | deemed to be necessary for the
public interest, safety, and | 20 | | welfare. | 21 | | (f) In order to provide for the expeditious and timely | 22 | | implementation
of the State's fiscal year 2001 budget, | 23 | | emergency rules to implement any
provision of Public Act 91-712
| 24 | | or any other budget initiative for fiscal year 2001 may be | 25 | | adopted in
accordance with this Section by the agency charged | 26 | | with administering that
provision or initiative, except that |
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| 1 | | the 24-month limitation on the adoption
of emergency rules and | 2 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 3 | | rules adopted under this subsection (f). The adoption of | 4 | | emergency rules
authorized by this subsection (f) shall be | 5 | | deemed to be necessary for the
public interest, safety, and | 6 | | welfare. | 7 | | (g) In order to provide for the expeditious and timely | 8 | | implementation
of the State's fiscal year 2002 budget, | 9 | | emergency rules to implement any
provision of Public Act 92-10
| 10 | | or any other budget initiative for fiscal year 2002 may be | 11 | | adopted in
accordance with this Section by the agency charged | 12 | | with administering that
provision or initiative, except that | 13 | | the 24-month limitation on the adoption
of emergency rules and | 14 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 15 | | rules adopted under this subsection (g). The adoption of | 16 | | emergency rules
authorized by this subsection (g) shall be | 17 | | deemed to be necessary for the
public interest, safety, and | 18 | | welfare. | 19 | | (h) In order to provide for the expeditious and timely | 20 | | implementation
of the State's fiscal year 2003 budget, | 21 | | emergency rules to implement any
provision of Public Act 92-597
| 22 | | or any other budget initiative for fiscal year 2003 may be | 23 | | adopted in
accordance with this Section by the agency charged | 24 | | with administering that
provision or initiative, except that | 25 | | the 24-month limitation on the adoption
of emergency rules and | 26 | | the provisions of Sections 5-115 and 5-125 do not apply
to |
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| 1 | | rules adopted under this subsection (h). The adoption of | 2 | | emergency rules
authorized by this subsection (h) shall be | 3 | | deemed to be necessary for the
public interest, safety, and | 4 | | welfare. | 5 | | (i) In order to provide for the expeditious and timely | 6 | | implementation
of the State's fiscal year 2004 budget, | 7 | | emergency rules to implement any
provision of Public Act 93-20
| 8 | | or any other budget initiative for fiscal year 2004 may be | 9 | | adopted in
accordance with this Section by the agency charged | 10 | | with administering that
provision or initiative, except that | 11 | | the 24-month limitation on the adoption
of emergency rules and | 12 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 13 | | rules adopted under this subsection (i). The adoption of | 14 | | emergency rules
authorized by this subsection (i) shall be | 15 | | deemed to be necessary for the
public interest, safety, and | 16 | | welfare. | 17 | | (j) In order to provide for the expeditious and timely | 18 | | implementation of the provisions of the State's fiscal year | 19 | | 2005 budget as provided under the Fiscal Year 2005 Budget | 20 | | Implementation (Human Services) Act, emergency rules to | 21 | | implement any provision of the Fiscal Year 2005 Budget | 22 | | Implementation (Human Services) Act may be adopted in | 23 | | accordance with this Section by the agency charged with | 24 | | administering that provision, except that the 24-month | 25 | | limitation on the adoption of emergency rules and the | 26 | | provisions of Sections 5-115 and 5-125 do not apply to rules |
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| 1 | | adopted under this subsection (j). The Department of Public Aid | 2 | | may also adopt rules under this subsection (j) necessary to | 3 | | administer the Illinois Public Aid Code and the Children's | 4 | | Health Insurance Program Act. The adoption of emergency rules | 5 | | authorized by this subsection (j) shall be deemed to be | 6 | | necessary for the public interest, safety, and welfare.
| 7 | | (k) In order to provide for the expeditious and timely | 8 | | implementation of the provisions of the State's fiscal year | 9 | | 2006 budget, emergency rules to implement any provision of | 10 | | Public Act 94-48 or any other budget initiative for fiscal year | 11 | | 2006 may be adopted in accordance with this Section by the | 12 | | agency charged with administering that provision or | 13 | | initiative, except that the 24-month limitation on the adoption | 14 | | of emergency rules and the provisions of Sections 5-115 and | 15 | | 5-125 do not apply to rules adopted under this subsection (k). | 16 | | The Department of Healthcare and Family Services may also adopt | 17 | | rules under this subsection (k) necessary to administer the | 18 | | Illinois Public Aid Code, the Senior Citizens and Persons with | 19 | | Disabilities Property Tax Relief Act, the Senior Citizens and | 20 | | Disabled Persons Prescription Drug Discount Program Act (now | 21 | | the Illinois Prescription Drug Discount Program Act), and the | 22 | | Children's Health Insurance Program Act. The adoption of | 23 | | emergency rules authorized by this subsection (k) shall be | 24 | | deemed to be necessary for the public interest, safety, and | 25 | | welfare.
| 26 | | (l) In order to provide for the expeditious and timely |
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| 1 | | implementation of the provisions of the
State's fiscal year | 2 | | 2007 budget, the Department of Healthcare and Family Services | 3 | | may adopt emergency rules during fiscal year 2007, including | 4 | | rules effective July 1, 2007, in
accordance with this | 5 | | subsection to the extent necessary to administer the | 6 | | Department's responsibilities with respect to amendments to | 7 | | the State plans and Illinois waivers approved by the federal | 8 | | Centers for Medicare and Medicaid Services necessitated by the | 9 | | requirements of Title XIX and Title XXI of the federal Social | 10 | | Security Act. The adoption of emergency rules
authorized by | 11 | | this subsection (l) shall be deemed to be necessary for the | 12 | | public interest,
safety, and welfare.
| 13 | | (m) In order to provide for the expeditious and timely | 14 | | implementation of the provisions of the
State's fiscal year | 15 | | 2008 budget, the Department of Healthcare and Family Services | 16 | | may adopt emergency rules during fiscal year 2008, including | 17 | | rules effective July 1, 2008, in
accordance with this | 18 | | subsection to the extent necessary to administer the | 19 | | Department's responsibilities with respect to amendments to | 20 | | the State plans and Illinois waivers approved by the federal | 21 | | Centers for Medicare and Medicaid Services necessitated by the | 22 | | requirements of Title XIX and Title XXI of the federal Social | 23 | | Security Act. The adoption of emergency rules
authorized by | 24 | | this subsection (m) shall be deemed to be necessary for the | 25 | | public interest,
safety, and welfare.
| 26 | | (n) In order to provide for the expeditious and timely |
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| 1 | | implementation of the provisions of the State's fiscal year | 2 | | 2010 budget, emergency rules to implement any provision of | 3 | | Public Act 96-45 or any other budget initiative authorized by | 4 | | the 96th General Assembly for fiscal year 2010 may be adopted | 5 | | in accordance with this Section by the agency charged with | 6 | | administering that provision or initiative. The adoption of | 7 | | emergency rules authorized by this subsection (n) shall be | 8 | | deemed to be necessary for the public interest, safety, and | 9 | | welfare. The rulemaking authority granted in this subsection | 10 | | (n) shall apply only to rules promulgated during Fiscal Year | 11 | | 2010. | 12 | | (o) In order to provide for the expeditious and timely | 13 | | implementation of the provisions of the State's fiscal year | 14 | | 2011 budget, emergency rules to implement any provision of | 15 | | Public Act 96-958 or any other budget initiative authorized by | 16 | | the 96th General Assembly for fiscal year 2011 may be adopted | 17 | | in accordance with this Section by the agency charged with | 18 | | administering that provision or initiative. The adoption of | 19 | | emergency rules authorized by this subsection (o) is deemed to | 20 | | be necessary for the public interest, safety, and welfare. The | 21 | | rulemaking authority granted in this subsection (o) applies | 22 | | only to rules promulgated on or after July 1, 2010 (the | 23 | | effective date of Public Act 96-958) through June 30, 2011. | 24 | | (p) In order to provide for the expeditious and timely | 25 | | implementation of the provisions of Public Act 97-689, | 26 | | emergency rules to implement any provision of Public Act 97-689 |
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| 1 | | may be adopted in accordance with this subsection (p) by the | 2 | | agency charged with administering that provision or | 3 | | initiative. The 150-day limitation of the effective period of | 4 | | emergency rules does not apply to rules adopted under this | 5 | | subsection (p), and the effective period may continue through | 6 | | June 30, 2013. The 24-month limitation on the adoption of | 7 | | emergency rules does not apply to rules adopted under this | 8 | | subsection (p). The adoption of emergency rules authorized by | 9 | | this subsection (p) is deemed to be necessary for the public | 10 | | interest, safety, and welfare. | 11 | | (q) In order to provide for the expeditious and timely | 12 | | implementation of the provisions of Articles 7, 8, 9, 11, and | 13 | | 12 of Public Act 98-104, emergency rules to implement any | 14 | | provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104 | 15 | | may be adopted in accordance with this subsection (q) by the | 16 | | agency charged with administering that provision or | 17 | | initiative. The 24-month limitation on the adoption of | 18 | | emergency rules does not apply to rules adopted under this | 19 | | subsection (q). The adoption of emergency rules authorized by | 20 | | this subsection (q) is deemed to be necessary for the public | 21 | | interest, safety, and welfare. | 22 | | (r) In order to provide for the expeditious and timely | 23 | | implementation of the provisions of Public Act 98-651, | 24 | | emergency rules to implement Public Act 98-651 may be adopted | 25 | | in accordance with this subsection (r) by the Department of | 26 | | Healthcare and Family Services. The 24-month limitation on the |
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| 1 | | adoption of emergency rules does not apply to rules adopted | 2 | | under this subsection (r). The adoption of emergency rules | 3 | | authorized by this subsection (r) is deemed to be necessary for | 4 | | the public interest, safety, and welfare. | 5 | | (s) In order to provide for the expeditious and timely | 6 | | implementation of the provisions of Sections 5-5b.1 and 5A-2 of | 7 | | the Illinois Public Aid Code, emergency rules to implement any | 8 | | provision of Section 5-5b.1 or Section 5A-2 of the Illinois | 9 | | Public Aid Code may be adopted in accordance with this | 10 | | subsection (s) by the Department of Healthcare and Family | 11 | | Services. The rulemaking authority granted in this subsection | 12 | | (s) shall apply only to those rules adopted prior to July 1, | 13 | | 2015. Notwithstanding any other provision of this Section, any | 14 | | emergency rule adopted under this subsection (s) shall only | 15 | | apply to payments made for State fiscal year 2015. The adoption | 16 | | of emergency rules authorized by this subsection (s) is deemed | 17 | | to be necessary for the public interest, safety, and welfare. | 18 | | (t) In order to provide for the expeditious and timely | 19 | | implementation of the provisions of Article II of Public Act | 20 | | 99-6, emergency rules to implement the changes made by Article | 21 | | II of Public Act 99-6 to the Emergency Telephone System Act may | 22 | | be adopted in accordance with this subsection (t) by the | 23 | | Department of State Police. The rulemaking authority granted in | 24 | | this subsection (t) shall apply only to those rules adopted | 25 | | prior to July 1, 2016. The 24-month limitation on the adoption | 26 | | of emergency rules does not apply to rules adopted under this |
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| 1 | | subsection (t). The adoption of emergency rules authorized by | 2 | | this subsection (t) is deemed to be necessary for the public | 3 | | interest, safety, and welfare. | 4 | | (u) In order to provide for the expeditious and timely | 5 | | implementation of the provisions of the Burn Victims Relief | 6 | | Act, emergency rules to implement any provision of the Act may | 7 | | be adopted in accordance with this subsection (u) by the | 8 | | Department of Insurance. The rulemaking authority granted in | 9 | | this subsection (u) shall apply only to those rules adopted | 10 | | prior to December 31, 2015. The adoption of emergency rules | 11 | | authorized by this subsection (u) is deemed to be necessary for | 12 | | the public interest, safety, and welfare. | 13 | | (v) In order to provide for the expeditious and timely | 14 | | implementation of the provisions of Public Act 99-516, | 15 | | emergency rules to implement Public Act 99-516 may be adopted | 16 | | in accordance with this subsection (v) by the Department of | 17 | | Healthcare and Family Services. The 24-month limitation on the | 18 | | adoption of emergency rules does not apply to rules adopted | 19 | | under this subsection (v). The adoption of emergency rules | 20 | | authorized by this subsection (v) is deemed to be necessary for | 21 | | the public interest, safety, and welfare. | 22 | | (w) In order to provide for the expeditious and timely | 23 | | implementation of the provisions of Public Act 99-796, | 24 | | emergency rules to implement the changes made by Public Act | 25 | | 99-796 may be adopted in accordance with this subsection (w) by | 26 | | the Adjutant General. The adoption of emergency rules |
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| 1 | | authorized by this subsection (w) is deemed to be necessary for | 2 | | the public interest, safety, and welfare. | 3 | | (x) In order to provide for the expeditious and timely | 4 | | implementation of the provisions of Public Act 99-906, | 5 | | emergency rules to implement subsection (i) of Section 16-115D, | 6 | | subsection (g) of Section 16-128A, and subsection (a) of | 7 | | Section 16-128B of the Public Utilities Act may be adopted in | 8 | | accordance with this subsection (x) by the Illinois Commerce | 9 | | Commission. The rulemaking authority granted in this | 10 | | subsection (x) shall apply only to those rules adopted within | 11 | | 180 days after June 1, 2017 (the effective date of Public Act | 12 | | 99-906). The adoption of emergency rules authorized by this | 13 | | subsection (x) is deemed to be necessary for the public | 14 | | interest, safety, and welfare. | 15 | | (y) In order to provide for the expeditious and timely | 16 | | implementation of the provisions of Public Act 100-23, | 17 | | emergency rules to implement the changes made by Public Act | 18 | | 100-23 to Section 4.02 of the Illinois Act on the Aging, | 19 | | Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code, | 20 | | Section 55-30 of the Alcoholism and Other Drug Abuse and | 21 | | Dependency Act, and Sections 74 and 75 of the Mental Health and | 22 | | Developmental Disabilities Administrative Act may be adopted | 23 | | in accordance with this subsection (y) by the respective | 24 | | Department. The adoption of emergency rules authorized by this | 25 | | subsection (y) is deemed to be necessary for the public | 26 | | interest, safety, and welfare. |
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| 1 | | (z) In order to provide for the expeditious and timely | 2 | | implementation of the provisions of Public Act 100-554, | 3 | | emergency rules to implement the changes made by Public Act | 4 | | 100-554 to Section 4.7 of the Lobbyist Registration Act may be | 5 | | adopted in accordance with this subsection (z) by the Secretary | 6 | | of State. The adoption of emergency rules authorized by this | 7 | | subsection (z) is deemed to be necessary for the public | 8 | | interest, safety, and welfare. | 9 | | (aa) In order to provide for the expeditious and timely | 10 | | initial implementation of the changes made to Articles 5, 5A, | 11 | | 12, and 14 of the Illinois Public Aid Code under the provisions | 12 | | of Public Act 100-581, the Department of Healthcare and Family | 13 | | Services may adopt emergency rules in accordance with this | 14 | | subsection (aa). The 24-month limitation on the adoption of | 15 | | emergency rules does not apply to rules to initially implement | 16 | | the changes made to Articles 5, 5A, 12, and 14 of the Illinois | 17 | | Public Aid Code adopted under this subsection (aa). The | 18 | | adoption of emergency rules authorized by this subsection (aa) | 19 | | is deemed to be necessary for the public interest, safety, and | 20 | | welfare. | 21 | | (bb) In order to provide for the expeditious and timely | 22 | | implementation of the provisions of Public Act 100-587, | 23 | | emergency rules to implement the changes made by Public Act | 24 | | 100-587 to Section 4.02 of the Illinois Act on the Aging, | 25 | | Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code, | 26 | | subsection (b) of Section 55-30 of the Alcoholism and Other |
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| 1 | | Drug Abuse and Dependency Act, Section 5-104 of the Specialized | 2 | | Mental Health Rehabilitation Act of 2013, and Section 75 and | 3 | | subsection (b) of Section 74 of the Mental Health and | 4 | | Developmental Disabilities Administrative Act may be adopted | 5 | | in accordance with this subsection (bb) by the respective | 6 | | Department. The adoption of emergency rules authorized by this | 7 | | subsection (bb) is deemed to be necessary for the public | 8 | | interest, safety, and welfare. | 9 | | (cc) In order to provide for the expeditious and timely | 10 | | implementation of the provisions of Public Act 100-587, | 11 | | emergency rules may be adopted in accordance with this | 12 | | subsection (cc) to implement the changes made by Public Act | 13 | | 100-587 to: Sections 14-147.5 and 14-147.6 of the Illinois | 14 | | Pension Code by the Board created under Article 14 of the Code; | 15 | | Sections 15-185.5 and 15-185.6 of the Illinois Pension Code by | 16 | | the Board created under Article 15 of the Code; and Sections | 17 | | 16-190.5 and 16-190.6 of the Illinois Pension Code by the Board | 18 | | created under Article 16 of the Code. The adoption of emergency | 19 | | rules authorized by this subsection (cc) is deemed to be | 20 | | necessary for the public interest, safety, and welfare. | 21 | | (dd) In order to provide for the expeditious and timely | 22 | | implementation of the provisions of Public Act 100-864, | 23 | | emergency rules to implement the changes made by Public Act | 24 | | 100-864 to Section 3.35 of the Newborn Metabolic Screening Act | 25 | | may be adopted in accordance with this subsection (dd) by the | 26 | | Secretary of State. The adoption of emergency rules authorized |
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| 1 | | by this subsection (dd) is deemed to be necessary for the | 2 | | public interest, safety, and welfare. | 3 | | (ee) In order to provide for the expeditious and timely | 4 | | implementation of the provisions of this amendatory Act of the | 5 | | 100th General Assembly, emergency rules implementing the | 6 | | Illinois Underground Natural Gas Storage Safety Act may be | 7 | | adopted in accordance with this subsection by the Department of | 8 | | Natural Resources. The adoption of emergency rules authorized | 9 | | by this subsection is deemed to be necessary for the public | 10 | | interest, safety, and welfare. | 11 | | (ff) In order to provide for the expeditious and timely | 12 | | implementation of the provisions of this amendatory Act of the | 13 | | 101st General Assembly, emergency rules may be adopted by the | 14 | | Department of Labor in accordance with this subsection (ff) to | 15 | | implement the changes made by this amendatory Act of the 101st | 16 | | General Assembly to the Minimum Wage Law. The adoption of | 17 | | emergency rules authorized by this subsection (ff) is deemed to | 18 | | be necessary for the public interest, safety, and welfare. | 19 | | (gg) In order to provide for the expeditious and timely | 20 | | implementation of the provisions of the Sports Wagering Act, | 21 | | emergency rules to implement the Sports Wagering Act may be | 22 | | adopted in accordance with this subsection (gg) by the Illinois | 23 | | Gaming Board. The adoption of emergency rules authorized by | 24 | | this subsection (gg) is deemed to be necessary for the public | 25 | | interest, safety, and welfare. | 26 | | (Source: P.A. 100-23, eff. 7-6-17; 100-554, eff. 11-16-17; |
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| 1 | | 100-581, eff. 3-12-18; 100-587, Article 95, Section 95-5, eff. | 2 | | 6-4-18; 100-587, Article 110, Section 110-5, eff. 6-4-18; | 3 | | 100-864, eff. 8-14-18; 100-1172, eff. 1-4-19; 101-1, eff. | 4 | | 2-19-19.) | 5 | | Section 905. The State Finance Act is amended by adding | 6 | | Section 5.891 as follows: | 7 | | (30 ILCS 105/5.891 new) | 8 | | Sec. 5.891. The Sports Wagering Fund. | 9 | | Section 910. The Criminal Code of 2012 is amended by | 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;
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| 1 | | (4) contracts to have or give himself or herself or | 2 | | another the option to buy
or sell, or contracts to buy or | 3 | | sell, at a future time, any grain or
other commodity | 4 | | whatsoever, or any stock or security of any company,
where | 5 | | it is at the time of making such contract intended by both | 6 | | parties
thereto that the contract to buy or sell, or the | 7 | | option, whenever
exercised, or the contract resulting | 8 | | therefrom, shall be settled, not by
the receipt or delivery | 9 | | of such property, but by the payment only of
differences in | 10 | | prices thereof; however, the issuance, purchase, sale,
| 11 | | exercise, endorsement or guarantee, by or through a person | 12 | | registered
with the Secretary of State pursuant to Section | 13 | | 8 of the Illinois
Securities Law of 1953, or by or through | 14 | | a person exempt from such
registration under said Section | 15 | | 8, of a put, call, or other option to
buy or sell | 16 | | securities which have been registered with the Secretary of
| 17 | | State or which are exempt from such registration under | 18 | | Section 3 of the
Illinois Securities Law of 1953 is not | 19 | | gambling within the meaning of
this paragraph (4);
| 20 | | (5) knowingly owns or possesses any book, instrument or | 21 | | apparatus by
means of which bets or wagers have been, or | 22 | | are, recorded or registered,
or knowingly possesses any | 23 | | money which he has received in the course of
a bet or | 24 | | wager;
| 25 | | (6) knowingly sells pools upon the result of any game | 26 | | or contest of skill or
chance, political nomination, |
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| 1 | | appointment or election;
| 2 | | (7) knowingly sets up or promotes any lottery or sells, | 3 | | offers to sell or
transfers any ticket or share for any | 4 | | lottery;
| 5 | | (8) knowingly sets up or promotes any policy game or | 6 | | sells, offers to sell or
knowingly possesses or transfers | 7 | | any policy ticket, slip, record,
document or other similar | 8 | | device;
| 9 | | (9) knowingly drafts, prints or publishes any lottery | 10 | | ticket or share,
or any policy ticket, slip, record, | 11 | | document or similar device, except for
such activity | 12 | | related to lotteries, bingo games and raffles authorized by
| 13 | | and conducted in accordance with the laws of Illinois or | 14 | | any other state or
foreign government;
| 15 | | (10) knowingly advertises any lottery or policy game, | 16 | | except for such
activity related to lotteries, bingo games | 17 | | and raffles authorized by and
conducted in accordance with | 18 | | the laws of Illinois or any other state;
| 19 | | (11) knowingly transmits information as to wagers, | 20 | | betting odds, or
changes in betting odds by telephone, | 21 | | telegraph, radio, semaphore or
similar means; or knowingly | 22 | | installs or maintains equipment for the
transmission or | 23 | | receipt of such information; except that nothing in this
| 24 | | subdivision (11) prohibits transmission or receipt of such | 25 | | information
for use in news reporting of sporting events or | 26 | | contests; or
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| 1 | | (12) knowingly establishes, maintains, or operates an | 2 | | Internet site that
permits a person to play a game of
| 3 | | chance or skill for money or other thing of value by means | 4 | | of the Internet or
to make a wager upon the
result of any | 5 | | game, contest, political nomination, appointment, or
| 6 | | election by means of the Internet. This item (12) does not | 7 | | apply to activities referenced in items (6) , and (6.1) , or | 8 | | (15) of subsection (b) of this Section.
| 9 | | (b) Participants in any of the following activities shall | 10 | | not be
convicted of gambling:
| 11 | | (1) Agreements to compensate for loss caused by the | 12 | | happening of
chance including without limitation contracts | 13 | | of indemnity or guaranty
and life or health or accident | 14 | | insurance.
| 15 | | (2) Offers of prizes, award or compensation to the | 16 | | actual
contestants in any bona fide contest for the | 17 | | determination of skill,
speed, strength or endurance or to | 18 | | the owners of animals or vehicles
entered in such contest.
| 19 | | (3) Pari-mutuel betting as authorized by the law of | 20 | | this State.
| 21 | | (4) Manufacture of gambling devices, including the | 22 | | acquisition of
essential parts therefor and the assembly | 23 | | thereof, for transportation in
interstate or foreign | 24 | | commerce to any place outside this State when such
| 25 | | transportation is not prohibited by any applicable Federal | 26 | | law; or the
manufacture, distribution, or possession of |
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| 1 | | video gaming terminals, as
defined in the Video Gaming Act, | 2 | | by manufacturers, distributors, and
terminal operators | 3 | | licensed to do so under the Video Gaming Act.
| 4 | | (5) The game commonly known as "bingo", when conducted | 5 | | in accordance
with the Bingo License and Tax Act.
| 6 | | (6) Lotteries when conducted by the State of Illinois | 7 | | in accordance
with the Illinois Lottery Law. This exemption | 8 | | includes any activity conducted by the Department of | 9 | | Revenue to sell lottery tickets pursuant to the provisions | 10 | | of the Illinois Lottery Law and its rules.
| 11 | | (6.1) The purchase of lottery tickets through the | 12 | | Internet for a lottery conducted by the State of Illinois | 13 | | under the program established in Section 7.12 of the | 14 | | Illinois Lottery Law.
| 15 | | (7) Possession of an antique slot machine that is | 16 | | neither used nor
intended to be used in the operation or | 17 | | promotion of any unlawful
gambling activity or enterprise. | 18 | | For the purpose of this subparagraph
(b)(7), an antique | 19 | | slot machine is one manufactured 25 years ago or earlier.
| 20 | | (8) Raffles and poker runs when conducted in accordance | 21 | | with the Raffles and Poker Runs Act.
| 22 | | (9) Charitable games when conducted in accordance with | 23 | | the Charitable
Games Act.
| 24 | | (10) Pull tabs and jar games when conducted under the | 25 | | Illinois Pull
Tabs and Jar Games Act.
| 26 | | (11) Gambling games conducted on riverboats when
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| 1 | | authorized by the Riverboat Gambling Act.
| 2 | | (12) Video gaming terminal games at a licensed | 3 | | establishment, licensed truck stop establishment,
licensed
| 4 | | fraternal establishment, or licensed veterans | 5 | | establishment when
conducted in accordance with the Video | 6 | | Gaming Act. | 7 | | (13) Games of skill or chance where money or other | 8 | | things of value can be won but no payment or purchase is | 9 | | required to participate. | 10 | | (14) Savings promotion raffles authorized under | 11 | | Section 5g of the Illinois Banking Act, Section 7008 of the | 12 | | Savings Bank Act, Section 42.7 of the Illinois Credit Union | 13 | | Act, Section 5136B of the National Bank Act (12 U.S.C. | 14 | | 25a), or Section 4 of the Home Owners' Loan Act (12 U.S.C. | 15 | | 1463). | 16 | | (15) Sports wagering when conducted in accordance with | 17 | | the Sports Wagering Act. | 18 | | (c) Sentence.
| 19 | | Gambling is a
Class A misdemeanor. A second or
subsequent | 20 | | conviction under subsections (a)(3) through (a)(12),
is a Class | 21 | | 4 felony.
| 22 | | (d) Circumstantial evidence.
| 23 | | In prosecutions under
this
Section circumstantial evidence | 24 | | shall have the same validity and weight as
in any criminal | 25 | | prosecution.
| 26 | | (Source: P.A. 98-644, eff. 6-10-14; 99-149, eff. 1-1-16 .)
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| 1 | | (720 ILCS 5/28-3)
(from Ch. 38, par. 28-3)
| 2 | | Sec. 28-3. Keeping a Gambling Place. A "gambling place" is | 3 | | any real
estate, vehicle, boat or any other property whatsoever | 4 | | used for the
purposes of gambling other than gambling conducted | 5 | | in the manner authorized
by the Riverboat Gambling Act , the | 6 | | Sports Wagering Act, or the Video Gaming Act. Any person who
| 7 | | knowingly permits any premises
or property owned or occupied by | 8 | | him or under his control to be used as a
gambling place commits | 9 | | a Class A misdemeanor. Each subsequent offense is a
Class 4 | 10 | | felony. When any premises is determined by the circuit court to | 11 | | be
a gambling place:
| 12 | | (a) Such premises is a public nuisance and may be proceeded | 13 | | against as such,
and
| 14 | | (b) All licenses, permits or certificates issued by the | 15 | | State of
Illinois or any subdivision or public agency thereof | 16 | | authorizing the
serving of food or liquor on such premises | 17 | | shall be void; and no license,
permit or certificate so | 18 | | cancelled shall be reissued for such premises for
a period of | 19 | | 60 days thereafter; nor shall any person convicted of keeping a
| 20 | | gambling place be reissued such license
for one year from his | 21 | | conviction and, after a second conviction of keeping
a gambling | 22 | | place, any such person shall not be reissued such license, and
| 23 | | (c) Such premises of any person who knowingly permits | 24 | | thereon a
violation of any Section of this Article shall be | 25 | | held liable for, and may
be sold to pay any unsatisfied |
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| 1 | | judgment that may be recovered and any
unsatisfied fine that | 2 | | may be levied under any Section of this Article.
| 3 | | (Source: P.A. 96-34, eff. 7-13-09.)
| 4 | | (720 ILCS 5/28-5) (from Ch. 38, par. 28-5)
| 5 | | Sec. 28-5. Seizure of gambling devices and gambling funds.
| 6 | | (a) Every device designed for gambling which is incapable | 7 | | of lawful use
or every device used unlawfully for gambling | 8 | | shall be considered a
"gambling device", and shall be subject | 9 | | to seizure, confiscation and
destruction by the Department of | 10 | | State Police or by any municipal, or other
local authority, | 11 | | within whose jurisdiction the same may be found. As used
in | 12 | | this Section, a "gambling device" includes any slot machine, | 13 | | and
includes any machine or device constructed for the | 14 | | reception of money or
other thing of value and so constructed | 15 | | as to return, or to cause someone
to return, on chance to the | 16 | | player thereof money, property or a right to
receive money or | 17 | | property. With the exception of any device designed for
| 18 | | gambling which is incapable of lawful use, no gambling device | 19 | | shall be
forfeited or destroyed unless an individual with a | 20 | | property interest in
said device knows of the unlawful use of | 21 | | the device.
| 22 | | (b) Every gambling device shall be seized and forfeited to | 23 | | the county
wherein such seizure occurs. Any money or other | 24 | | thing of value integrally
related to acts of gambling shall be | 25 | | seized and forfeited to the county
wherein such seizure occurs.
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| 1 | | (c) If, within 60 days after any seizure pursuant to | 2 | | subparagraph
(b) of this Section, a person having any property | 3 | | interest in the seized
property is charged with an offense, the | 4 | | court which renders judgment
upon such charge shall, within 30 | 5 | | days after such judgment, conduct a
forfeiture hearing to | 6 | | determine whether such property was a gambling device
at the | 7 | | time of seizure. Such hearing shall be commenced by a written
| 8 | | petition by the State, including material allegations of fact, | 9 | | the name
and address of every person determined by the State to | 10 | | have any property
interest in the seized property, a | 11 | | representation that written notice of
the date, time and place | 12 | | of such hearing has been mailed to every such
person by | 13 | | certified mail at least 10 days before such date, and a
request | 14 | | for forfeiture. Every such person may appear as a party and
| 15 | | present evidence at such hearing. The quantum of proof required | 16 | | shall
be a preponderance of the evidence, and the burden of | 17 | | proof shall be on
the State. If the court determines that the | 18 | | seized property was
a gambling device at the time of seizure, | 19 | | an order of forfeiture and
disposition of the seized property | 20 | | shall be entered: a gambling device
shall be received by the | 21 | | State's Attorney, who shall effect its
destruction, except that | 22 | | valuable parts thereof may be liquidated and
the resultant | 23 | | money shall be deposited in the general fund of the county
| 24 | | wherein such seizure occurred; money and other things of value | 25 | | shall be
received by the State's Attorney and, upon | 26 | | liquidation, shall be
deposited in the general fund of the |
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| 1 | | county wherein such seizure
occurred. However, in the event | 2 | | that a defendant raises the defense
that the seized slot | 3 | | machine is an antique slot machine described in
subparagraph | 4 | | (b) (7) of Section 28-1 of this Code and therefore he is
exempt | 5 | | from the charge of a gambling activity participant, the seized
| 6 | | antique slot machine shall not be destroyed or otherwise | 7 | | altered until a
final determination is made by the Court as to | 8 | | whether it is such an
antique slot machine. Upon a final | 9 | | determination by the Court of this
question in favor of the | 10 | | defendant, such slot machine shall be
immediately returned to | 11 | | the defendant. Such order of forfeiture and
disposition shall, | 12 | | for the purposes of appeal, be a final order and
judgment in a | 13 | | civil proceeding.
| 14 | | (d) If a seizure pursuant to subparagraph (b) of this | 15 | | Section is not
followed by a charge pursuant to subparagraph | 16 | | (c) of this Section, or if
the prosecution of such charge is | 17 | | permanently terminated or indefinitely
discontinued without | 18 | | any judgment of conviction or acquittal (1) the
State's | 19 | | Attorney shall commence an in rem proceeding for the forfeiture
| 20 | | and destruction of a gambling device, or for the forfeiture and | 21 | | deposit
in the general fund of the county of any seized money | 22 | | or other things of
value, or both, in the circuit court and (2) | 23 | | any person having any
property interest in such seized gambling | 24 | | device, money or other thing
of value may commence separate | 25 | | civil proceedings in the manner provided
by law.
| 26 | | (e) Any gambling device displayed for sale to a riverboat |
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| 1 | | gambling
operation or used to train occupational licensees of a | 2 | | riverboat gambling
operation as authorized under the Riverboat | 3 | | Gambling Act is exempt from
seizure under this Section.
| 4 | | (f) Any gambling equipment, devices and supplies provided | 5 | | by a licensed
supplier in accordance with the Riverboat | 6 | | Gambling Act which are removed
from the riverboat for repair | 7 | | are exempt from seizure under this Section.
| 8 | | (g) The following video gaming terminals are exempt from | 9 | | seizure under this Section: | 10 | | (1) Video gaming terminals for sale to a licensed | 11 | | distributor or operator under the Video Gaming Act. | 12 | | (2) Video gaming terminals used to train licensed | 13 | | technicians or licensed terminal handlers. | 14 | | (3) Video gaming terminals that are removed from a | 15 | | licensed establishment, licensed truck stop establishment,
| 16 | | licensed
fraternal establishment, or licensed veterans | 17 | | establishment for repair. | 18 | | (h) Property seized or forfeited under this Section is | 19 | | subject to reporting under the Seizure and Forfeiture Reporting | 20 | | Act. | 21 | | (i) Any sports wagering equipment, devices, and supplies | 22 | | provided by a licensed supplier that are removed from a gaming | 23 | | facility for repair under the Sports Wagering Act are exempt | 24 | | from seizure under this Section. | 25 | | (Source: P.A. 100-512, eff. 7-1-18 .)
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| 1 | | Section 999. Effective date. This Act takes effect upon | 2 | | becoming law.".
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