HB3308ham002 101ST GENERAL ASSEMBLY

Rep. Katie Stuart

Filed: 3/21/2019

10100HB3308ham002 LRB101 10689 SMS 58073 a

AMENDMENT TO HOUSE BILL 3308

AMENDMENT NO. ______. Amend House Bill 3308 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Sports Wagering Act.

Section 5. Definitions. As used in this Act:

"Adjusted gross sports wagering receipts" means a sports wagering licensee's gross sports wagering receipts, less winnings paid to wagerers in such games.

"Administrator" means the Administrator of the Illinois Gaming Board, appointed pursuant to Section 5 of the Riverboat Gambling Act.

"Board" means the Illinois Gaming Board.

"Collegiate sport or athletic event" means a sport or athletic event offered or sponsored by, or played in connection with, a public or private institution that offers educational services beyond the secondary level.

"Gaming facility" means a riverboat under the Riverboat Gambling Act or a racetrack or inter-track wagering location under the Illinois Horse Racing Act of 1975.

"Government" means any governmental unit of a national, state, or local body exercising governmental functions, other than the United States government.

"Gross sports wagering receipts" means the total gross receipts received by a sports wagering licensee from sports wagering.

"License" means a license applied for or issued by the Board under this Act, including, but not limited to:

(1) a license to conduct sports wagering at a gaming facility (sports wagering license);

(2) a license to conduct sports wagering through an online application (online sports wagering license);

(3) a license to supply a sports wagering licensee with sports wagering equipment or services necessary for the operation of sports wagering (supplier license);

(4) a license to be employed by a sports wagering licensee when the employee works in a designated gaming area that has sports wagering or performs duties in furtherance of or associated with the operation of sports wagering by the sports wagering licensee (occupational license); or

(5) a license to provide management services under a contract to a sports wagering licensee (management services provider license).

"Official league data" means statistics, results, and outcomes relating to a sporting event, as well as logos, videos, marketing materials, and demographic information that have been obtained from the relevant sports governing body or an entity expressly authorized by the sports governing body to provide such information to sports wagering licensees and online sports wagering licensees.

"Online sports wagering licensee" means a person, entity, corporation, or limited liability company that engages in the business of offering, by any means, including, but not limited to, the Internet, a smart phone application, or other similar electronic or digital media or communication technologies, the opportunity to place sports wagers.

"Sports event" means a professional sport or athletic event, a collegiate sport or athletic event, a motor race event, or any other special event authorized by the Board under this Act.

"Sports governing body" means the organization that prescribes final rules and enforces codes of conduct with respect to a sports event and participants therein.

"Sports pool" means the business of accepting wagers on a sports event by a system or method of wagering.

"Sports wagering" means the business of accepting wagers on sports events and other events, the individual performance statistics of athletes in a sports event or other events, or a combination of any of the same by any system or method of wagering approved by the Board, including, but not limited to, mobile applications and other digital platforms that utilize communications technology to accept wagers originating within this State. "Sports wagering" includes, but is not limited to, exchange wagering, parlays, over-under, moneyline, pools, and straight bets. "Sports wagering" does not include:

(1) pari-mutuel wagering on the outcome of horse races authorized by the Illinois Horse Racing Act of 1975;

(2) lottery games authorized by the Illinois Lottery Law;

(3) video gaming authorized by the Video Gaming Act;

(4) interactive fantasy sports authorized by the Fantasy Sports Contest Act; or

(5) gambling games authorized by the Riverboat Gambling Act.

"Sports wagering account" means a financial record established by a sports wagering licensee for an individual patron in which the patron may deposit and withdraw funds within a gaming facility for sports wagering and other authorized purchases and to which the sports wagering licensee may credit winnings or other amounts due to that patron or authorized by that patron.

"Sports wagering equipment" means any mechanical, electronic, or other device, mechanism, or equipment and related supplies used or consumed in the operation of sports wagering by a sports wagering licensee, including, but not limited to, a kiosk installed to accept sports wagers.

"Sports wagering licensee" means a gaming facility licensed to operate a sports pool and other authorized sports wagering activities.

"Supplier" means a person that requires a supplier license to provide a sports wagering licensee with goods or services to be used in connection with the operation of sports wagering.

"Wager" means a sum of money or thing of value risked on an uncertain occurrence.

Section 10. State authorization of sports wagering. Notwithstanding any provision of law to the contrary, the operation of sports wagering and ancillary activities are only lawful when conducted in accordance with the provisions of this Act and the rules of the Board.

Section 15. Board duties and powers.

(a) The Board shall have the authority to regulate sports pools and the conduct of sports wagering under this Act.

(b) The Board shall examine the regulations implemented in other states where sports wagering is conducted and shall, as far as practicable, adopt a similar regulatory framework through adoption of rules.

(c) The Board has the authority to adopt any rules the Board considers necessary for the successful implementation, administration, and enforcement of this Act. Rules proposed by the Board before December 1, 2019 may be adopted as emergency rules pursuant to Section 5-45 of the Illinois Administrative Procedure Act.

(d) Rules adopted by the Board may include, but are not limited to, rules governing:

(1) the acceptance of wagers on a sports event or a series of sports events;

(2) maximum wagers that may be accepted by a sports wagering licensee from any one patron on any one sports event;

(3) type of wagering tickets that may be used;

(4) the method of issuing tickets;

(5) the method of accounting to be used by sports wagering licensees;

(6) types of records which shall be kept;

(7) the type of system for sports wagering;

(8) protections for patrons placing wagers; and

(9) the promotion of social responsibility and responsible gaming.

(e) The Board shall establish minimum internal control standards and approve minimum internal control standards proposed by sports wagering licensees for the administration of sports wagering operations, sports wagering equipment and systems, or other items used to conduct sports wagering, as well as maintenance of financial records and other required records.

(f) For the examination of all mechanical, electromechanical, or electronic wagering equipment, associated equipment, and accounting systems for compliance with this Act, the Board may utilize the services of one or more independent outside testing laboratories that have been accredited by an international accreditation body and that, in the judgment of the Board, are qualified to perform the examinations.

(g) The Board shall adopt technical standards governing all equipment, systems, and software critical for ensuring the integrity of the wagering authorized by this Act within 180 days following the effective date of this Act. Until the Board adopts such technical standards, the Board shall utilize a technical standard from an independent testing laboratory that is accredited by the International Organization for Standardization and whose standards for any category of regulated gaming equipment are recognized in 10 or more jurisdictions.

(h) The Board shall determine the eligibility of a person to hold or continue to hold a license, shall issue all licenses, and shall maintain a record of all licenses issued under this Act. The Board may accept applications, evaluate qualifications of applicants, and undertake initial review of licenses before adoption of emergency rules upon the effective date of this Act.

(i) The Board shall levy and collect all fees, surcharges, civil penalties, and weekly tax on adjusted gross sports wagering receipts imposed by this Act and deposit all moneys into the Sports Wagering Fund, except as otherwise provided under this Act.

(j) The Board may exercise any other powers necessary to effectuate the provisions of this Act and the rules of the Board.

Section 20. Licenses required.

(a) No person may engage in any activity in connection with sports wagering in this State unless all necessary licenses have been obtained in accordance with this Act and the rules of the Board. The following licenses shall be issued pursuant to this Act:

(1) sports wagering license;

(2) online sports wagering license;

(3) supplier license;

(4) management services provider license; and

(5) occupational license.

No person or entity may engage in a sports wagering operation or activity without first obtaining the appropriate license.

(b) The Board may not grant a license until it determines that each person who has control of the applicant meets all qualifications for licensure. The following persons are considered to have control of an applicant:

(1) each person associated with a corporate applicant, including a corporate holding company, parent company, or subsidiary company of the applicant who has the ability to control the activities of the corporate applicant or elect a majority of the board of directors of that corporation; this does not include a bank or other licensed lending institution that holds a mortgage or other lien acquired in the ordinary course of business;

(2) each person associated with a non-corporate applicant who directly or indirectly holds a beneficial or proprietary interest in the applicant's business operation or who the Board otherwise determines has the ability to control the applicant; and

(3) key personnel of an applicant, including an executive, employee, or agent, having the power to exercise significant influence over decisions concerning any part of the applicant's business operation.

(c) An applicant for a license issued under this Act shall submit an application to the Board in the form the Board requires and submit fingerprints for a national criminal records check by the Department of State Police and the Federal Bureau of Investigation. The fingerprints shall be furnished by all persons required to be named in the application and shall be accompanied by a signed authorization for the release of information by the Federal Bureau of Investigation. The Board may require additional background checks on licensees when they apply for annual license renewal, and an applicant convicted of a disqualifying offense shall not be licensed.

(d) Each sports wagering licensee, licensed supplier, or licensed management services provider shall display the license conspicuously in the licensee's place of business or have the license available for inspection by an agent of the Board or a law enforcement agency.

(e) Each holder of an occupational license shall carry the license and have some indicia of licensure prominently displayed on his or her person when present in a gaming facility licensed under this Act at all times, in accordance with the rules of the Board.

(f) Each person licensed under this Act shall give the Board written notice within 30 days after a change to information provided in the licensee's application for a license or renewal.

(g) No Board employee may be an applicant for a license issued under this Act, nor may an employee of a licensee directly or indirectly hold an ownership or a financial interest in a sports wagering license.

Section 25. Initial license and renewal requirements for sports wagering licenses obtained by an organization licensee.

(a) No sports wagering license may be awarded to or renewed for any entity that is eligible for a sports wagering license because of an organization license awarded by the Illinois Racing Board, unless they meet the following criteria:

(1) The entity must hold a valid organization license awarded by the Illinois Racing Board for the term of the license.

(2) The entity must hold an inter-track wagering license awarded by the Illinois Racing Board for the term of the license.

(3) The entity, for the term of the license, must have a signed contract with the horsemen association representing the largest number of owners, trainers, jockeys, or standardbred drivers who race horses at that organization licensee's racing meeting, the right to execute or decline such contract being without condition, and that stipulates:

(A) the number of races to be conducted at the racing meeting and penalties for failure to conduct those races;

(B) the amounts to be distributed to purse accounts and penalties for failure to timely make such distributions; and

(C) the reduction and ultimate elimination of money payable from purses to organization licensees under paragraph (13) of subsection (g) of Section 26 of the Illinois Horse Racing Act of 1975, with such reduction and elimination achieved as agreed either through reimbursement or non-acceptance.

(4) The entity may not receive any proceeds from adjusted sports wagering receipts during any period that adjusted sports wagering receipts are not being deposited into the purse accounts as provided in the signed contract with the applicable horsemen association.

(b) The Board shall study the viability and benefit of providing a sports wagering license to the horsemen association representing the largest number of owners, training jockeys, or standardbred drivers who race horses at an organization licensee's racing meetings and shall prepare a report for the General Assembly and the Governor no later than 12 months after the effective date of this Act. The report to the General Assembly shall be filed with the Clerk of the House of Representatives and the Secretary of the Senate in electronic form only, in the manner that the Clerk and the Secretary shall direct.

Section 30. Sports wagering license; requirements.

(a) A gaming facility may operate sports wagering upon the approval of the Board, and the Board shall have the general responsibility for the implementation of this Act and rules adopted under this Act.

(b) A sports wagering license granted by the Board pursuant to this Act grants a sports wagering licensee lawful authority to conduct sports wagering within the terms and conditions of the license and any rules adopted under this Act.

(c) The Board may issue sports wagering licenses in accordance with the provisions of this Act.

(d) Upon application by a gaming facility and payment of a $10,000,000 application fee, the Board shall grant a sports wagering license to a gaming facility, provided that the applicant holds a valid organization license issued by the Illinois Racing Board pursuant to the Illinois Horse Racing Act of 1975 or a valid owners license issued by the Board pursuant to the Riverboat Gambling Act, and otherwise meets the requirements for licensure under the provisions of this Act and the rules of the Board. The application fee may be prorated so that the renewal date of the organization licensee's or owners licensee's sports wagering license aligns with the renewal date of its license under the appropriate Act. The sports wagering license shall be issued for a 4-year period and may be renewed for 4-year periods upon payment of a $500,000 renewal fee as long as the gaming facility continues to meet all qualification requirements.

(e) An inter-track wagering location licensee is authorized to conduct sports wagering if the organization licensee it derives its license from is issued a sports wagering license.

(f) A sports wagering license authorizes the operation of sports wagering at locations and through a mobile application or other digital platforms approved by the Board.

(g) The following apply to management service contracts:

(1) A sports wagering licensee may not enter into a management services contract that would permit any person other than the sports wagering licensee to act as the Board's agent in operating sports wagering unless the management service contract: (A) is with a person licensed under this Act to provide management services; (B) is in writing; and (C) has been approved by the Board.

(2) The sports wagering licensee shall submit a material change in a management services contract, previously approved by the Board, to the Board for its approval or rejection before the material change may take effect.

(3) The duties and responsibilities of a management services provider under a management services contract may not be assigned, delegated, subcontracted, or transferred to a third party without the prior approval of the Board. A third party must be licensed as a management services provider under this Act before providing services.

(h) A sports wagering licensee shall submit to the Board documentation or information as the Board may require demonstrating to the satisfaction of the Administrator that the licensee continues to meet the requirements of this Act and the rules adopted under this Act. Required documentation or information shall be submitted no later than 4 years after issuance of a sports wagering license and every 4 years thereafter or within lesser periods based on circumstances specified by the Board.

(i) If the sports wagering licensee fails to apply to renew its license issued before expiration, the Board shall renew its license under this Act at the time the expired license is renewed as long as the sports wagering licensee was operating in compliance with applicable requirements in the preceding license year.

(j) Upon application for a sports wagering license and annually thereafter, a sports wagering licensee shall submit to the Board an annual audit of the financial transactions and condition of the sports wagering licensee's total operations prepared by a certified public accountant in accordance with generally accepted accounting principles and applicable federal and State laws.

(k) A sports wagering licensee shall provide suitable office space at the sports wagering facility, at no cost, for the Board to perform the duties required of it by this Act and the rules of the Board.

(l) A sports wagering licensee shall demonstrate that its wagering will: (1) be accessible to disabled individuals, in accordance with applicable federal and State laws; (2) be licensed in accordance with this Act and all other applicable federal, State, and local laws; and (3) meet any other qualifications specified in rules adopted by the Board.

Section 35. Online sports wagering license; requirements.

(a) The Board shall issue up to 10 online sports wagering licenses to any person, firm, corporation, limited liability company, or partnership that enters into a contractual agreement with a sports wagering licensee to offer sports wagering within the physical confines of a gaming facility and meets all of the following criteria:

(1) has filed with the Board certified copies of all the applicant's organic business documents, as applicable, such as articles of incorporation and bylaws, articles of organization, partnership or member agreements, shareholder agreements and limited liability company management agreements, as well as the entity's Federal Employer Identification Number;

(2) has filed with the Board the names, addresses, and business activity of all businesses in which applicant has held an ownership interest during the past 10 years;

(3) has passed a full criminal background check, through a formal process established by the Board, of all principals. The Board shall ensure that all criminal background checks are conducted promptly upon filing of an application and fee, and that the background check will be completed within 90 days;

(4) has financial reserves of no less than $5,000,000 in liquid assets at the time of initial licensing. Proof of financial reserves must be provided to the Board in the form of a signed statement from an Illinois licensed certified public accountant, dated within 30 calendar days of the date of the filing of the application, attesting that the applicant has such funds under its control;

(5) has filed with the Board proof of all insurance coverage required by law, including workers' compensation and liability insurance, with liability coverages of no less than $2,000,000, and with full indemnification for the State of Illinois and its employees;

(6) has filed with the Board a signed notarized statement certifying that no prospective principal officer or board member has been convicted of an excluded offense in any state or country, that the applicant will register with the Illinois Department of Revenue upon licensing, that all information provided to the Board is complete and accurate, that it has actual notice of all State laws that pertain to operating a legal sports wagering business in Illinois, and that all of applicant's principal officers and vendors expressly agree to be subject to service of process in Illinois with a current Illinois address on file with the Board; and

(7) has posted with the Board a surety bond of $1,000,000, issued by an insurance company authorized to transact fidelity and surety business in the State of Illinois; the bond shall be used to guarantee that the licensee faithfully makes the payments, keeps books and records, makes reports, and conducts sports wagering operations in conformity with this Act.

(b) The Board shall not issue an online sports wagering license to an applicant whose background check reveals the applicant seeking the online sports wagering license, or any principal officer or board member of the entity seeking the online sports wagering license, has been convicted, fined, or censured or has had a registration or license suspended or revoked in an administrative or judicial proceeding.

(c) All information, records, interviews, reports, statements, memoranda, or other data supplied to or used by the Board in the course of its review or investigation of an application for an online sports wagering license or a renewal under this Act is subject to Section 5.1 of the Riverboat Gambling Act.

(d) Any person, association, corporation, partnership, or entity who (i) knowingly makes materially false statements in order to obtain an online sports wagering license; (ii) knowingly advertises within the State of Illinois any game, product, or feature that is not authorized by his or her license; or (iii) violates any other provision of this Act or any rule adopted under this Act is guilty of a Class B misdemeanor for the first violation and is guilty of a Class A misdemeanor for a second or subsequent violation. In the case of an association, corporation, partnership, or entity, imprisonment may be imposed upon its officers who knowingly participated in the violation.

(e) An online sports wagering license issued under this Act shall be valid for a period of 4 years after the date of issuance and shall be renewable thereafter for an additional 4 years upon payment of a $500,000 renewal fee based on a determination by the Board that the online sports wagering licensee continues to meet all requirements of this Act and the Board's rules. Notwithstanding any other law to the contrary, any assignment or transfer of an interest in an online sports wagering license, or a greater than 10% interest, direct or indirect, in any entity holding an online sports wagering license, is subject to the written approval by the Board. Approved transferees are subject to a nonrefundable application fee, the amount of which shall be determined by the Board by rule.

Section 40. Management services provider license; requirements.

(a) The holder of a sports wagering license may contract with an entity to conduct that operation in accordance with the rules of the Board. The license shall be issued pursuant to the provisions of this Act and any rules adopted by the Board.

(b) Each applicant for a management services provider license shall meet all requirements for licensure and pay a nonrefundable license and application fee of $250,000. The Board may adopt rules establishing additional requirements for an authorized management services provider. The Board may accept licensing by another jurisdiction that it specifically determines to have similar licensing requirements as evidence the applicant meets authorized management services provider licensing requirements.

(c) Management services provider licenses shall be renewed annually to a licensee who continues to be in compliance with all requirements and who pays the annual renewal fee of $250,000.

(d) An entity or individual who shares in revenue, including an affiliate operating under a revenue share agreement, shall be licensed under this Section.

Section 45. Supplier license; requirements.

(a) The Board may issue a supplier license to a person to sell or lease sports wagering equipment, systems, or other gaming items necessary to conduct sports wagering, and offer services related to the equipment or other gaming items to a sports wagering licensee while the license is active. The Board may establish the conditions under which the Board may issue provisional licenses, pending completion of final action on an application.

(b) The Board may adopt rules establishing additional requirements for a supplier and any system or other equipment utilized for sports wagering. The Board may accept licensing by another jurisdiction that it specifically determines to have similar licensing requirements as evidence the applicant meets supplier licensing requirements.

(c) An applicant for a supplier license shall demonstrate that the equipment, system, or services that the applicant plans to offer to the sports wagering licensee conforms to standards established by the Board and applicable State law. The Board may accept approval by another jurisdiction that it specifically determines have similar equipment standards as evidence the applicant meets the standards established by the Board and applicable State law.

(d) Applicants shall pay to the Board a nonrefundable license and application fee in the amount of $100,000. After the initial one-year term, the Board shall renew supplier licenses annually thereafter. Renewal of a supplier license shall be granted to a renewal applicant who has continued to comply with all applicable statutory and regulatory requirements, upon submission of the Board-issued renewal form and payment of a $100,000 renewal fee.

(e) A supplier shall submit to the Board a list of all sports wagering equipment and services sold, delivered to, or offered to a sports wagering licensee in this State, as required by the Board, all of which must be tested and approved by an independent testing laboratory approved by the Board. A sports wagering licensee may continue to use supplies acquired from a licensed supplier, even if a supplier's supplier license expires or is otherwise canceled, unless the Board finds a defect in the supplies.

Section 50. Occupational license; requirements.

(a) All persons employed to be engaged directly in sports wagering-related activities, or otherwise conducting or operating sports wagering, shall be licensed by the Board and maintain a valid occupational license at all times, and the Board shall issue the license to be employed in the operation of sports wagering to a person who meets the requirements of this Section.

(b) An occupational license to be employed by a gaming facility authorized to conduct sports wagering permits the licensee to be employed in the capacity designated by the Board while the license is still active. The Board may establish, by rule, job classifications with different requirements to recognize the extent to which a particular job has the ability to impact the proper operation of sports wagering.

(c) Applicants shall submit any required application forms established by the Board and pay a nonrefundable application fee of $100. The fee may be paid on behalf of an applicant by the employer.

(d) Each licensed employee shall pay to the Board an annual license fee of $100 by June 30 of each year. The fee may be paid on behalf of the licensed employee by the employer. In addition to a renewal fee, each licensed employee shall annually submit a renewal application on the form required by the Board.

Section 55. License prohibitions.

(a) The Board may not grant a license pursuant to the provisions of this Act if evidence satisfactory to the Board exists that the applicant:

(1) has knowingly made a false statement of a material fact to the Board;

(2) has been suspended from operating a gambling game, gaming device, or gaming operation or had a license revoked by a governmental authority responsible for regulating gaming activities; or

(3) has been convicted of a crime of moral turpitude, a gambling-related offense, a theft or fraud offense, or has otherwise demonstrated, either by a police record or other satisfactory evidence, a lack of respect for law and order.

(b) The Board may deny a license to an applicant, reprimand a licensee, or suspend or revoke a license if the applicant or licensee:

(1) has not demonstrated to the satisfaction of the Board financial responsibility sufficient to adequately meet the requirements of the proposed enterprise;

(2) is not the true owner of the business or is not the sole owner and has not disclosed the existence or identity of other persons who have an ownership interest in the business; or

(3) is a corporation that sells more than 5% of a licensee's voting stock or more than 5% of the voting stock of a corporation that controls the licensee or sells a licensee's assets, other than those bought and sold in the ordinary course of business, or any interest in the assets, to a person not already determined by the Board to have met the qualifications of a licensee under this Act.

(c) In the case of an applicant for a sports wagering license, the Board may deny a license to an applicant, reprimand a licensee, or suspend or revoke a license if an applicant has not met the requirements of this Section or any other provision of this Act.

Section 60. Sports wagering house rules; posting of rules.

(a) Each sports wagering licensee shall adopt comprehensive house rules for game play governing sports wagering transactions with its patrons. These comprehensive rules shall be published as part of the minimum internal control standards. The rules shall specify the amounts to be paid on winning wagers and the effect of schedule changes. House rules shall be approved by the Board before implementation.

(b) The house rules, together with any other information the Board deems appropriate, shall be conspicuously displayed and included in the terms and conditions of the sports wagering system. Copies shall be made readily available to patrons.

Section 65. Sports wagering licensee duties; sports wagering at a gaming facility.

(a) Sports wagering licensees shall:

(1) employ a monitoring system utilizing software to identify non-normal irregularities in volume or odds swings that could signal suspicious activities that should require further investigation that shall be immediately reported and investigated by the Board; system requirements and specifications shall be developed according to industry standards and implemented by the Board as part of the minimum internal control standards;

(2) promptly report to the Board any facts or circumstances related to the operation of a sports wagering licensee that constitute a violation of State or federal law and immediately report any suspicious betting over a threshold set by the sports wagering licensee that has been approved by the Board to the appropriate State or federal authorities;

(3) conduct all sports wagering activities and functions in a manner that does not pose a threat to the public health, safety, or welfare of the citizens of this State;

(4) hold the Board and this State harmless from and defend and pay for the defense of any and all claims that may be asserted against a licensee, the Board, this State, or employees thereof, arising from the licensee's actions or omission while acting as an agent of the Board operating sports wagering pursuant to this Act;

(5) assist the Board in maximizing sports wagering revenues; and

(6) keep current in all payments and obligations to the Board.

(b) All sports wagering licensees shall:

(1) acquire sports wagering equipment by purchase, lease, or other assignment from licensed suppliers and provide a secure location for the placement, operation, and play of sports wagering equipment;

(2) prevent a person from tampering with or interfering with the operation of sports wagering;

(3) ensure that sports wagering conducted at a gaming facility is within the sight and control of designated employees of the licensee and the sports wagering at the facility or otherwise available by the licensee is conducted under continuous observation by security equipment in conformity with specifications and requirements of the Board;

(4) ensure that sports wagering occurs only in the specific locations within designated gaming areas approved by the Board or using a Board-approved mobile application or other digital platform that utilizes communications technology to accept wagers originating within this State or on a sports wagering device; sports wagering shall only be relocated or offered in additional authorized manners in accordance with the rules of the Board;

(5) maintain sufficient cash and other supplies to conduct sports wagering at all times; and

(6) maintain daily records showing the gross sports wagering receipts and adjusted gross sports wagering receipts of the licensee from sports wagering and timely file with the Board any additional reports required by rule or by other provisions of this Act.

Section 70. Posting of betting limits. A sports wagering licensee shall conspicuously post a sign at each sports wagering location indicating the minimum and maximum wagers permitted at that location and shall comply with the same.

Section 75. Compulsive gambling. Each online sports wagering licensee shall include a statement regarding obtaining assistance with gambling problems, the text of which shall be determined by rule by the Department of Human Services, on the online sports wagering licensee's online application.

Section 80. Authorization of sports wagering; requirements.

(a) A person placing a wager with a sports wagering licensee or online sports wagering licensee shall be at least 21 years of age.

(b) A patron must deposit funds into and withdraw funds from a sports wagering account within a gaming facility.

(c) The Board or a sports wagering licensee may ban a person from entering a gaming area of a gaming facility conducting sports wagering or the grounds of a gaming facility licensed under this Act or from participating in the play or operation of sports wagering. A log of all excluded players shall be kept by the Board and each licensee, and no player on the Board's exclusion list or the sports wagering licensee's exclusion list shall wager on sports wagering under this Act.

(d) No Board employee may knowingly wager or be paid a prize from a wager placed at a gaming facility licensed under this Act within this State or at any facility outside this jurisdiction that is directly or indirectly owned or operated by a sports wagering licensee.

Section 85. Recordkeeping; information sharing.

(a) Sports wagering licensees and online sports wagering licensees shall maintain records of all bets and wagers placed, including personally identifiable information of the bettor, amount and type of bet, time the bet was placed, location of the bet, the outcome of the bet, records of abnormal betting activity, and video camera recordings in the case of in-person wagers for at least 3 years after the sporting event occurs and make the data available for inspection upon request of the Board or as required by a court order.

(b) If a sports governing body has notified the Board that real-time information sharing for wagers placed on its sporting events is necessary and desirable, sports wagering licensees and online sports wagering licensees shall share in real time the information required to be retained pursuant to this Section (other than video files) with the sports governing body or its designee respecting wagers on its sporting events.

(c) If the Board adopts rules requiring a royalty, a sports wagering licensee or online sports wagering licensee shall remit to a sports governing body that has provided notice to the Board pursuant to subsection (b) a royalty of 0.20% of the amount wagered on its sporting events. The sports wagering licensee or online sports wagering licensee shall remit the royalty only after the sports governing body has provided the sports wagering licensee or online sports wagering licensee access to official league data. The sports wagering licensee or online sports wagering licensee shall remit royalties to the sports governing body at least once per calendar quarter.

(d) The Board shall cooperate with a sports governing body and licensees to ensure the timely, efficient, and accurate sharing of information and the remittance of proceedings of the royalty to the sports governing body.

(e) A sports wagering licensee or online sports wagering licensee is prohibited from entering into an independent contractual relationship with a sports governing body for access to official league data.

Section 90. Sports wagering revenues; accounting for the State's share of revenue imposed for the privilege of offering sports wagering.

(a) For the privilege of holding a license to operate sports wagering under this Act, this State shall impose and collect 15% of the sports wagering licensee's adjusted gross sports wagering receipts. The accrual method of accounting shall be used for purposes of calculating the amount of the tax owed by the licensee.

(b) For the privilege of holding a license to operate sports wagering under this Act, this State shall impose and collect 15% of the online sports wagering licensee's adjusted gross sports wagering receipts. The accrual method of accounting shall be used for purposes of calculating the amount of the tax owed by the licensee.

(c) The calculation of gross sports wagering receipts or adjusted gross sports wagering receipts, for the purposes of this Section, shall not include the dollar amount of non-cashable vouchers, coupons, and electronic promotions redeemed by wagerers up to and including an amount not to exceed 10% of a sports wagering licensee's or online sports wagering licensee's adjusted gross sports wagering receipts.

The Board shall submit to the General Assembly a comprehensive report no later than March 31, 2021 detailing, at a minimum, the effect of removing non-cashable vouchers, coupons, and electronic promotions from this calculation on net gaming revenues to the State in calendar years 2018 through 2020, the increase or reduction in wagerers as a result of removing non-cashable vouchers, coupons, and electronic promotions from this calculation, the effect of the tax rates in subsections (a) and (b) on net gaming revenues to the State, and proposed modifications to the calculation.

(d) The taxes levied and collected pursuant to subsections (a) and (b) are due and payable to the Board in weekly installments on or before the Wednesday following the calendar week in which the adjusted gross sports wagering receipts were received and the tax obligation was accrued.

(e) The sports wagering licensee or online sports wagering licensee shall complete and submit the return for the preceding week by electronic communication to the Board, on or before Wednesday of each week, in the form prescribed by the Board that provides:

(1) the total gross sports wagering receipts and adjusted gross sports wagering receipts from operation of sports wagering during that week;

(2) the tax amount for which the sports wagering licensee or online sports wagering licensee is liable; and

(3) any additional information necessary in the computation and collection of the tax on adjusted gross sports wagering receipts required by the Board.

(f) The tax amount shown to be due shall be remitted by electronic funds transfer simultaneously with the filing of the return. All moneys received by the Board pursuant to this Section shall be deposited into the Sports Wagering Fund in accordance with the provisions of this Act.

Section 95. Sports Wagering Fund; distribution of funds.

(a) The Sports Wagering Fund is hereby created as a special fund in the State treasury and all moneys collected under this Act by the Board shall be deposited with the State Treasurer to the Sports Wagering Fund. The Fund shall be an interest-bearing account with all interest or other return earned on the money of the Fund credited to and deposited into the Fund. All expenses of the Board incurred in the administration and enforcement of this Act shall be paid from the Fund pursuant to subsection (b).

(b) The Board shall deduct an amount sufficient to reimburse its actual costs and expenses incurred in administering sports wagering at licensed gaming facilities from the gross deposits into the Sports Wagering Fund.

(c) The Board shall retain up to 15% of gross deposits for the Fund operation and its administrative expenses. If the percentage allotted for operations and administration generates a surplus, the surplus shall be allowed to accumulate but may not exceed $250,000. The amount remaining after the deduction for administrative expenses is the net profit. In each fiscal year, the net profit shall be deposited in equal amounts to the State Construction Account Fund, the Pension Stabilization Fund, and the Common School Fund.

Section 100. Law enforcement. Notwithstanding any provision of law to the contrary, the Board shall, by contract or cooperative agreement with the Department of State Police, arrange for those law enforcement services uniquely related to gaming, as such occurs at facilities of the type authorized by this Act, that are necessary to enforce the provisions of this Act that are not subject to federal jurisdiction. However, the Department of State Police shall only have exclusive jurisdiction over offenses committed on the grounds of a gaming facility licensed under this Act that are offenses relating to gaming.

Section 105. Civil penalties. The Board may impose on any person who violates the provisions of this Act a civil penalty not to exceed $50,000 for each violation. The penalty shall be imposed on all individuals and is not limited to individuals licensed under this Act. This provision shall not be construed as applicable to office pools.

Section 110. Crimes and penalties related to unauthorized sports wagering operations.

(a) Any person, other than a licensee under this Act, who engages in accepting, facilitating, or operating a sports wagering operation is guilty of a Class A misdemeanor with the applicable fines and confinement.

(b) Notwithstanding the penalty provisions of subsection (a), a person convicted of a second violation of subsection (a) is guilty of a Class A misdemeanor with the applicable fines and confinement.

(c) Notwithstanding the penalty provisions of subsection (a) or (b), a person convicted of a third or subsequent violation of subsection (a) is guilty of a Class 4 felony with the applicable fines and confinement.

Section 115. Crimes and penalties related to authorized sports wagering operation.

(a) A sports wagering licensee is guilty of unlawful operation and is guilty of a Class A misdemeanor if:

(1) the licensee operates sports wagering without authority of the Board to do so;

(2) the licensee operates sports wagering in a location or by a manner that is not approved by the Board;

(3) the licensee knowingly conducts, carries on, operates, or allows sports wagering to occur on premises or through any other device if equipment or material has been tampered with or exposed to conditions in which it will be operated in a manner designed to deceive the public;

(4) the licensee employs an individual who does not hold a valid occupational license in a position for which a license is required or otherwise allows an individual to perform duties for which a license is required or continues to employ an individual after the employee's occupational license is no longer valid;

(5) the licensee acts or employs another person to act as if he or she is not an agent or employee of the licensee in order to encourage participation in sports wagering at the gaming facility licensed under this Act;

(6) the licensee knowingly permits an individual under the age of 21 to enter or remain in a designated gaming area or to engage in sports wagering at a licensed gaming facility; or

(7) the licensee exchanges tokens, chips, electronic media, or other forms of credit used for sports wagering for anything of value except money or credits applied to a sports wagering account at a gaming facility licensed under this Act.

(b) A person is guilty of a felony if:

(1) a person offers, promises, or gives anything of value to anyone for the purpose of influencing the outcome of a race, sports event, contest, or game upon which a wager may be made or a person places, increases, or decreases a wager after acquiring knowledge, not available to the general public, that anyone has been offered, promised, or given anything of value for the purpose of influencing the outcome of the race, sports event, contest, or game upon which the wager is placed, increased, or decreased or attempts to do any of the same;

(2) a person changes or alters the normal outcome of a game played on a mobile or other digital platform, including an interactive gaming system used to monitor the same or the way in which the outcome is reported to a participant in the game;

(3) the person manufactures, sells, or distributes a device that is intended by that person to be used to violate any provision of this Act or the sports wagering laws of any other state;

(4) the person places a bet or aids any other individual in placing a bet on a sports event or other sports wagering game or offering authorized under this Act after unlawfully acquiring knowledge of the outcome on which winnings from that bet are contingent;

(5) the person claims, collects, or takes anything of value from a wagering with intent to defraud or attempts such action without having made a wager in which the amount or value is legitimately won or owed;

(6) the person knowingly places a wager using counterfeit currency or other counterfeit form of credit for sports wagering at a wagering; or

(7) the person, not a sports wagering licensee or an employee or agent of a sports wagering licensee acting in furtherance of the sports wagering licensee's interest, has in his or her possession on grounds owned by the gaming facility licensed under this Act or on grounds contiguous to the gaming facility licensed under this Act, any device intended to be used to violate a provision of this Act or any rule of the Board.

(c) A person who violates a provision of subsection (a) is guilty of a Class A misdemeanor and, upon conviction thereof, shall be fined not more than $1,000 or confined in jail for not more than 6 months, or both fined and confined, except any violation that is not committed by a natural person may result in a fine of not more than $25,000.

(d) A person who violates a provision of subsection (b) is guilty of a Class 4 felony and, upon conviction thereof, shall be fined not less than $5,000 nor more than $10,000 or confined in a State correctional facility for not less than one year nor more than 5 years, or both fined and confined.

(e) With regard to subsection (a), each sports wagering licensee shall post notice of the prohibitions and penalties of this Section in a manner determined by the rules of the Board.

Section 120. Home rule. The regulation of sports wagering is an exclusive power and function of the State. A home rule unit may not regulate sports wagering. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.

Section 125. Exemption from federal law. Pursuant to Section 2 of Chapter 1194, 64 Stat. 1134, 15 U.S.C. 1172, approved January 2, 1951, the State of Illinois, acting by and through duly elected and qualified members of the General Assembly, declares and proclaims that this State is exempt from Chapter 1194, 64 Stat. 1134, 15 U.S.C. 1171-1178.

Section 130. Shipment of gambling devices. All shipments of gambling devices, including sports wagering devices or related materials, to licensed gaming facilities in this State are legal shipments of gambling devices into the State of Illinois, as long as the registering, recording, and labeling of which have been completed by the supplier thereof in accordance with Chapter 1194, 64 Stat. 1134, 15 U.S.C. 1171-1178.

Section 900. The Illinois Administrative Procedure Act is amended by changing Section 5-45 as follows:

(5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)

Sec. 5-45. Emergency rulemaking.

(a) "Emergency" means the existence of any situation that any agency finds reasonably constitutes a threat to the public interest, safety, or welfare.

(b) If any agency finds that an emergency exists that requires adoption of a rule upon fewer days than is required by Section 5-40 and states in writing its reasons for that finding, the agency may adopt an emergency rule without prior notice or hearing upon filing a notice of emergency rulemaking with the Secretary of State under Section 5-70. The notice shall include the text of the emergency rule and shall be published in the Illinois Register. Consent orders or other court orders adopting settlements negotiated by an agency may be adopted under this Section. Subject to applicable constitutional or statutory provisions, an emergency rule becomes effective immediately upon filing under Section 5-65 or at a stated date less than 10 days thereafter. The agency's finding and a statement of the specific reasons for the finding shall be filed with the rule. The agency shall take reasonable and appropriate measures to make emergency rules known to the persons who may be affected by them.

(c) An emergency rule may be effective for a period of not longer than 150 days, but the agency's authority to adopt an identical rule under Section 5-40 is not precluded. No emergency rule may be adopted more than once in any 24-month period, except that this limitation on the number of emergency rules that may be adopted in a 24-month period does not apply to (i) emergency rules that make additions to and deletions from the Drug Manual under Section 5-5.16 of the Illinois Public Aid Code or the generic drug formulary under Section 3.14 of the Illinois Food, Drug and Cosmetic Act, (ii) emergency rules adopted by the Pollution Control Board before July 1, 1997 to implement portions of the Livestock Management Facilities Act, (iii) emergency rules adopted by the Illinois Department of Public Health under subsections (a) through (i) of Section 2 of the Department of Public Health Act when necessary to protect the public's health, (iv) emergency rules adopted pursuant to subsection (n) of this Section, (v) emergency rules adopted pursuant to subsection (o) of this Section, or (vi) emergency rules adopted pursuant to subsection (c-5) of this Section. Two or more emergency rules having substantially the same purpose and effect shall be deemed to be a single rule for purposes of this Section.

(c-5) To facilitate the maintenance of the program of group health benefits provided to annuitants, survivors, and retired employees under the State Employees Group Insurance Act of 1971, rules to alter the contributions to be paid by the State, annuitants, survivors, retired employees, or any combination of those entities, for that program of group health benefits, shall be adopted as emergency rules. The adoption of those rules shall be considered an emergency and necessary for the public interest, safety, and welfare.

(d) In order to provide for the expeditious and timely implementation of the State's fiscal year 1999 budget, emergency rules to implement any provision of Public Act 90-587 or 90-588 or any other budget initiative for fiscal year 1999 may be adopted in accordance with this Section by the agency charged with administering that provision or initiative, except that the 24-month limitation on the adoption of emergency rules and the provisions of Sections 5-115 and 5-125 do not apply to rules adopted under this subsection (d). The adoption of emergency rules authorized by this subsection (d) shall be deemed to be necessary for the public interest, safety, and welfare.

(e) In order to provide for the expeditious and timely implementation of the State's fiscal year 2000 budget, emergency rules to implement any provision of Public Act 91-24 or any other budget initiative for fiscal year 2000 may be adopted in accordance with this Section by the agency charged with administering that provision or initiative, except that the 24-month limitation on the adoption of emergency rules and the provisions of Sections 5-115 and 5-125 do not apply to rules adopted under this subsection (e). The adoption of emergency rules authorized by this subsection (e) shall be deemed to be necessary for the public interest, safety, and welfare.

(f) In order to provide for the expeditious and timely implementation of the State's fiscal year 2001 budget, emergency rules to implement any provision of Public Act 91-712 or any other budget initiative for fiscal year 2001 may be adopted in accordance with this Section by the agency charged with administering that provision or initiative, except that the 24-month limitation on the adoption of emergency rules and the provisions of Sections 5-115 and 5-125 do not apply to rules adopted under this subsection (f). The adoption of emergency rules authorized by this subsection (f) shall be deemed to be necessary for the public interest, safety, and welfare.

(g) In order to provide for the expeditious and timely implementation of the State's fiscal year 2002 budget, emergency rules to implement any provision of Public Act 92-10 or any other budget initiative for fiscal year 2002 may be adopted in accordance with this Section by the agency charged with administering that provision or initiative, except that the 24-month limitation on the adoption of emergency rules and the provisions of Sections 5-115 and 5-125 do not apply to rules adopted under this subsection (g). The adoption of emergency rules authorized by this subsection (g) shall be deemed to be necessary for the public interest, safety, and welfare.

(h) In order to provide for the expeditious and timely implementation of the State's fiscal year 2003 budget, emergency rules to implement any provision of Public Act 92-597 or any other budget initiative for fiscal year 2003 may be adopted in accordance with this Section by the agency charged with administering that provision or initiative, except that the 24-month limitation on the adoption of emergency rules and the provisions of Sections 5-115 and 5-125 do not apply to rules adopted under this subsection (h). The adoption of emergency rules authorized by this subsection (h) shall be deemed to be necessary for the public interest, safety, and welfare.

(i) In order to provide for the expeditious and timely implementation of the State's fiscal year 2004 budget, emergency rules to implement any provision of Public Act 93-20 or any other budget initiative for fiscal year 2004 may be adopted in accordance with this Section by the agency charged with administering that provision or initiative, except that the 24-month limitation on the adoption of emergency rules and the provisions of Sections 5-115 and 5-125 do not apply to rules adopted under this subsection (i). The adoption of emergency rules authorized by this subsection (i) shall be deemed to be necessary for the public interest, safety, and welfare.

(j) In order to provide for the expeditious and timely implementation of the provisions of the State's fiscal year 2005 budget as provided under the Fiscal Year 2005 Budget Implementation (Human Services) Act, emergency rules to implement any provision of the Fiscal Year 2005 Budget Implementation (Human Services) Act may be adopted in accordance with this Section by the agency charged with administering that provision, except that the 24-month limitation on the adoption of emergency rules and the provisions of Sections 5-115 and 5-125 do not apply to rules adopted under this subsection (j). The Department of Public Aid may also adopt rules under this subsection (j) necessary to administer the Illinois Public Aid Code and the Children's Health Insurance Program Act. The adoption of emergency rules authorized by this subsection (j) shall be deemed to be necessary for the public interest, safety, and welfare.

(k) In order to provide for the expeditious and timely implementation of the provisions of the State's fiscal year 2006 budget, emergency rules to implement any provision of Public Act 94-48 or any other budget initiative for fiscal year 2006 may be adopted in accordance with this Section by the agency charged with administering that provision or initiative, except that the 24-month limitation on the adoption of emergency rules and the provisions of Sections 5-115 and 5-125 do not apply to rules adopted under this subsection (k). The Department of Healthcare and Family Services may also adopt rules under this subsection (k) necessary to administer the Illinois Public Aid Code, the Senior Citizens and Persons with Disabilities Property Tax Relief Act, the Senior Citizens and Disabled Persons Prescription Drug Discount Program Act (now the Illinois Prescription Drug Discount Program Act), and the Children's Health Insurance Program Act. The adoption of emergency rules authorized by this subsection (k) shall be deemed to be necessary for the public interest, safety, and welfare.

(l) In order to provide for the expeditious and timely implementation of the provisions of the State's fiscal year 2007 budget, the Department of Healthcare and Family Services may adopt emergency rules during fiscal year 2007, including rules effective July 1, 2007, in accordance with this subsection to the extent necessary to administer the Department's responsibilities with respect to amendments to the State plans and Illinois waivers approved by the federal Centers for Medicare and Medicaid Services necessitated by the requirements of Title XIX and Title XXI of the federal Social Security Act. The adoption of emergency rules authorized by this subsection (l) shall be deemed to be necessary for the public interest, safety, and welfare.

(m) In order to provide for the expeditious and timely implementation of the provisions of the State's fiscal year 2008 budget, the Department of Healthcare and Family Services may adopt emergency rules during fiscal year 2008, including rules effective July 1, 2008, in accordance with this subsection to the extent necessary to administer the Department's responsibilities with respect to amendments to the State plans and Illinois waivers approved by the federal Centers for Medicare and Medicaid Services necessitated by the requirements of Title XIX and Title XXI of the federal Social Security Act. The adoption of emergency rules authorized by this subsection (m) shall be deemed to be necessary for the public interest, safety, and welfare.

(n) In order to provide for the expeditious and timely implementation of the provisions of the State's fiscal year 2010 budget, emergency rules to implement any provision of Public Act 96-45 or any other budget initiative authorized by the 96th General Assembly for fiscal year 2010 may be adopted in accordance with this Section by the agency charged with administering that provision or initiative. The adoption of emergency rules authorized by this subsection (n) shall be deemed to be necessary for the public interest, safety, and welfare. The rulemaking authority granted in this subsection (n) shall apply only to rules promulgated during Fiscal Year 2010.

(o) In order to provide for the expeditious and timely implementation of the provisions of the State's fiscal year 2011 budget, emergency rules to implement any provision of Public Act 96-958 or any other budget initiative authorized by the 96th General Assembly for fiscal year 2011 may be adopted in accordance with this Section by the agency charged with administering that provision or initiative. The adoption of emergency rules authorized by this subsection (o) is deemed to be necessary for the public interest, safety, and welfare. The rulemaking authority granted in this subsection (o) applies only to rules promulgated on or after July 1, 2010 (the effective date of Public Act 96-958) through June 30, 2011.

(p) In order to provide for the expeditious and timely implementation of the provisions of Public Act 97-689, emergency rules to implement any provision of Public Act 97-689 may be adopted in accordance with this subsection (p) by the agency charged with administering that provision or initiative. The 150-day limitation of the effective period of emergency rules does not apply to rules adopted under this subsection (p), and the effective period may continue through June 30, 2013. The 24-month limitation on the adoption of emergency rules does not apply to rules adopted under this subsection (p). The adoption of emergency rules authorized by this subsection (p) is deemed to be necessary for the public interest, safety, and welfare.

(q) In order to provide for the expeditious and timely implementation of the provisions of Articles 7, 8, 9, 11, and 12 of Public Act 98-104, emergency rules to implement any provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104 may be adopted in accordance with this subsection (q) by the agency charged with administering that provision or initiative. The 24-month limitation on the adoption of emergency rules does not apply to rules adopted under this subsection (q). The adoption of emergency rules authorized by this subsection (q) is deemed to be necessary for the public interest, safety, and welfare.

(r) In order to provide for the expeditious and timely implementation of the provisions of Public Act 98-651, emergency rules to implement Public Act 98-651 may be adopted in accordance with this subsection (r) by the Department of Healthcare and Family Services. The 24-month limitation on the adoption of emergency rules does not apply to rules adopted under this subsection (r). The adoption of emergency rules authorized by this subsection (r) is deemed to be necessary for the public interest, safety, and welfare.

(s) In order to provide for the expeditious and timely implementation of the provisions of Sections 5-5b.1 and 5A-2 of the Illinois Public Aid Code, emergency rules to implement any provision of Section 5-5b.1 or Section 5A-2 of the Illinois Public Aid Code may be adopted in accordance with this subsection (s) by the Department of Healthcare and Family Services. The rulemaking authority granted in this subsection (s) shall apply only to those rules adopted prior to July 1, 2015. Notwithstanding any other provision of this Section, any emergency rule adopted under this subsection (s) shall only apply to payments made for State fiscal year 2015. The adoption of emergency rules authorized by this subsection (s) is deemed to be necessary for the public interest, safety, and welfare.

(t) In order to provide for the expeditious and timely implementation of the provisions of Article II of Public Act 99-6, emergency rules to implement the changes made by Article II of Public Act 99-6 to the Emergency Telephone System Act may be adopted in accordance with this subsection (t) by the Department of State Police. The rulemaking authority granted in this subsection (t) shall apply only to those rules adopted prior to July 1, 2016. The 24-month limitation on the adoption of emergency rules does not apply to rules adopted under this subsection (t). The adoption of emergency rules authorized by this subsection (t) is deemed to be necessary for the public interest, safety, and welfare.

(u) In order to provide for the expeditious and timely implementation of the provisions of the Burn Victims Relief Act, emergency rules to implement any provision of the Act may be adopted in accordance with this subsection (u) by the Department of Insurance. The rulemaking authority granted in this subsection (u) shall apply only to those rules adopted prior to December 31, 2015. The adoption of emergency rules authorized by this subsection (u) is deemed to be necessary for the public interest, safety, and welfare.

(v) In order to provide for the expeditious and timely implementation of the provisions of Public Act 99-516, emergency rules to implement Public Act 99-516 may be adopted in accordance with this subsection (v) by the Department of Healthcare and Family Services. The 24-month limitation on the adoption of emergency rules does not apply to rules adopted under this subsection (v). The adoption of emergency rules authorized by this subsection (v) is deemed to be necessary for the public interest, safety, and welfare.

(w) In order to provide for the expeditious and timely implementation of the provisions of Public Act 99-796, emergency rules to implement the changes made by Public Act 99-796 may be adopted in accordance with this subsection (w) by the Adjutant General. The adoption of emergency rules authorized by this subsection (w) is deemed to be necessary for the public interest, safety, and welfare.

(x) In order to provide for the expeditious and timely implementation of the provisions of Public Act 99-906, emergency rules to implement subsection (i) of Section 16-115D, subsection (g) of Section 16-128A, and subsection (a) of Section 16-128B of the Public Utilities Act may be adopted in accordance with this subsection (x) by the Illinois Commerce Commission. The rulemaking authority granted in this subsection (x) shall apply only to those rules adopted within 180 days after June 1, 2017 (the effective date of Public Act 99-906). The adoption of emergency rules authorized by this subsection (x) is deemed to be necessary for the public interest, safety, and welfare.

(y) In order to provide for the expeditious and timely implementation of the provisions of Public Act 100-23, emergency rules to implement the changes made by Public Act 100-23 to Section 4.02 of the Illinois Act on the Aging, Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code, Section 55-30 of the Alcoholism and Other Drug Abuse and Dependency Act, and Sections 74 and 75 of the Mental Health and Developmental Disabilities Administrative Act may be adopted in accordance with this subsection (y) by the respective Department. The adoption of emergency rules authorized by this subsection (y) is deemed to be necessary for the public interest, safety, and welfare.

(z) In order to provide for the expeditious and timely implementation of the provisions of Public Act 100-554, emergency rules to implement the changes made by Public Act 100-554 to Section 4.7 of the Lobbyist Registration Act may be adopted in accordance with this subsection (z) by the Secretary of State. The adoption of emergency rules authorized by this subsection (z) is deemed to be necessary for the public interest, safety, and welfare.

(aa) In order to provide for the expeditious and timely initial implementation of the changes made to Articles 5, 5A, 12, and 14 of the Illinois Public Aid Code under the provisions of Public Act 100-581, the Department of Healthcare and Family Services may adopt emergency rules in accordance with this subsection (aa). The 24-month limitation on the adoption of emergency rules does not apply to rules to initially implement the changes made to Articles 5, 5A, 12, and 14 of the Illinois Public Aid Code adopted under this subsection (aa). The adoption of emergency rules authorized by this subsection (aa) is deemed to be necessary for the public interest, safety, and welfare.

(bb) In order to provide for the expeditious and timely implementation of the provisions of Public Act 100-587, emergency rules to implement the changes made by Public Act 100-587 to Section 4.02 of the Illinois Act on the Aging, Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code, subsection (b) of Section 55-30 of the Alcoholism and Other Drug Abuse and Dependency Act, Section 5-104 of the Specialized Mental Health Rehabilitation Act of 2013, and Section 75 and subsection (b) of Section 74 of the Mental Health and Developmental Disabilities Administrative Act may be adopted in accordance with this subsection (bb) by the respective Department. The adoption of emergency rules authorized by this subsection (bb) is deemed to be necessary for the public interest, safety, and welfare.

(cc) In order to provide for the expeditious and timely implementation of the provisions of Public Act 100-587, emergency rules may be adopted in accordance with this subsection (cc) to implement the changes made by Public Act 100-587 to: Sections 14-147.5 and 14-147.6 of the Illinois Pension Code by the Board created under Article 14 of the Code; Sections 15-185.5 and 15-185.6 of the Illinois Pension Code by the Board created under Article 15 of the Code; and Sections 16-190.5 and 16-190.6 of the Illinois Pension Code by the Board created under Article 16 of the Code. The adoption of emergency rules authorized by this subsection (cc) is deemed to be necessary for the public interest, safety, and welfare.

(dd) In order to provide for the expeditious and timely implementation of the provisions of Public Act 100-864, emergency rules to implement the changes made by Public Act 100-864 to Section 3.35 of the Newborn Metabolic Screening Act may be adopted in accordance with this subsection (dd) by the Secretary of State. The adoption of emergency rules authorized by this subsection (dd) is deemed to be necessary for the public interest, safety, and welfare.

(ee) In order to provide for the expeditious and timely implementation of the provisions of this amendatory Act of the 100th General Assembly, emergency rules implementing the Illinois Underground Natural Gas Storage Safety Act may be adopted in accordance with this subsection by the Department of Natural Resources. The adoption of emergency rules authorized by this subsection is deemed to be necessary for the public interest, safety, and welfare.

(ff) In order to provide for the expeditious and timely implementation of the provisions of this amendatory Act of the 101st General Assembly, emergency rules may be adopted by the Department of Labor in accordance with this subsection (ff) to implement the changes made by this amendatory Act of the 101st General Assembly to the Minimum Wage Law. The adoption of emergency rules authorized by this subsection (ff) is deemed to be necessary for the public interest, safety, and welfare.

(gg) In order to provide for the expeditious and timely implementation of the provisions of the Sports Wagering Act, emergency rules to implement the Sports Wagering Act may be adopted in accordance with this subsection (gg) by the Illinois Gaming Board. The adoption of emergency rules authorized by this subsection (gg) is deemed to be necessary for the public interest, safety, and welfare.

(Source: P.A. 100-23, eff. 7-6-17; 100-554, eff. 11-16-17; 100-581, eff. 3-12-18; 100-587, Article 95, Section 95-5, eff. 6-4-18; 100-587, Article 110, Section 110-5, eff. 6-4-18; 100-864, eff. 8-14-18; 100-1172, eff. 1-4-19; 101-1, eff. 2-19-19.)

Section 905. The State Finance Act is amended by adding Section 5.891 as follows:

(30 ILCS 105/5.891 new)

Sec. 5.891. The Sports Wagering Fund.

Section 910. The Criminal Code of 2012 is amended by changing Sections 28-1, 28-3, and 28-5 as follows:

(720 ILCS 5/28-1) (from Ch. 38, par. 28-1)

Sec. 28-1. Gambling.

(a) A person commits gambling when he or she:

(1) knowingly plays a game of chance or skill for money or other thing of value, unless excepted in subsection (b) of this Section;

(2) knowingly makes a wager upon the result of any game, contest, or any political nomination, appointment or election;

(3) knowingly operates, keeps, owns, uses, purchases, exhibits, rents, sells, bargains for the sale or lease of, manufactures or distributes any gambling device;

(4) contracts to have or give himself or herself or another the option to buy or sell, or contracts to buy or sell, at a future time, any grain or other commodity whatsoever, or any stock or security of any company, where it is at the time of making such contract intended by both parties thereto that the contract to buy or sell, or the option, whenever exercised, or the contract resulting therefrom, shall be settled, not by the receipt or delivery of such property, but by the payment only of differences in prices thereof; however, the issuance, purchase, sale, exercise, endorsement or guarantee, by or through a person registered with the Secretary of State pursuant to Section 8 of the Illinois Securities Law of 1953, or by or through a person exempt from such registration under said Section 8, of a put, call, or other option to buy or sell securities which have been registered with the Secretary of State or which are exempt from such registration under Section 3 of the Illinois Securities Law of 1953 is not gambling within the meaning of this paragraph (4);

(5) knowingly owns or possesses any book, instrument or apparatus by means of which bets or wagers have been, or are, recorded or registered, or knowingly possesses any money which he has received in the course of a bet or wager;

(6) knowingly sells pools upon the result of any game or contest of skill or chance, political nomination, appointment or election;

(7) knowingly sets up or promotes any lottery or sells, offers to sell or transfers any ticket or share for any lottery;

(8) knowingly sets up or promotes any policy game or sells, offers to sell or knowingly possesses or transfers any policy ticket, slip, record, document or other similar device;

(9) knowingly drafts, prints or publishes any lottery ticket or share, or any policy ticket, slip, record, document or similar device, except for such activity related to lotteries, bingo games and raffles authorized by and conducted in accordance with the laws of Illinois or any other state or foreign government;

(10) knowingly advertises any lottery or policy game, except for such activity related to lotteries, bingo games and raffles authorized by and conducted in accordance with the laws of Illinois or any other state;

(11) knowingly transmits information as to wagers, betting odds, or changes in betting odds by telephone, telegraph, radio, semaphore or similar means; or knowingly installs or maintains equipment for the transmission or receipt of such information; except that nothing in this subdivision (11) prohibits transmission or receipt of such information for use in news reporting of sporting events or contests; or

(12) knowingly establishes, maintains, or operates an Internet site that permits a person to play a game of chance or skill for money or other thing of value by means of the Internet or to make a wager upon the result of any game, contest, political nomination, appointment, or election by means of the Internet. This item (12) does not apply to activities referenced in items (6), and (6.1), or (15) of subsection (b) of this Section.

(b) Participants in any of the following activities shall not be convicted of gambling:

(1) Agreements to compensate for loss caused by the happening of chance including without limitation contracts of indemnity or guaranty and life or health or accident insurance.

(2) Offers of prizes, award or compensation to the actual contestants in any bona fide contest for the determination of skill, speed, strength or endurance or to the owners of animals or vehicles entered in such contest.

(3) Pari-mutuel betting as authorized by the law of this State.

(4) Manufacture of gambling devices, including the acquisition of essential parts therefor and the assembly thereof, for transportation in interstate or foreign commerce to any place outside this State when such transportation is not prohibited by any applicable Federal law; or the manufacture, distribution, or possession of video gaming terminals, as defined in the Video Gaming Act, by manufacturers, distributors, and terminal operators licensed to do so under the Video Gaming Act.

(5) The game commonly known as "bingo", when conducted in accordance with the Bingo License and Tax Act.

(6) Lotteries when conducted by the State of Illinois in accordance with the Illinois Lottery Law. This exemption includes any activity conducted by the Department of Revenue to sell lottery tickets pursuant to the provisions of the Illinois Lottery Law and its rules.

(6.1) The purchase of lottery tickets through the Internet for a lottery conducted by the State of Illinois under the program established in Section 7.12 of the Illinois Lottery Law.

(7) Possession of an antique slot machine that is neither used nor intended to be used in the operation or promotion of any unlawful gambling activity or enterprise. For the purpose of this subparagraph (b)(7), an antique slot machine is one manufactured 25 years ago or earlier.

(8) Raffles and poker runs when conducted in accordance with the Raffles and Poker Runs Act.

(9) Charitable games when conducted in accordance with the Charitable Games Act.

(10) Pull tabs and jar games when conducted under the Illinois Pull Tabs and Jar Games Act.

(11) Gambling games conducted on riverboats when authorized by the Riverboat Gambling Act.

(12) Video gaming terminal games at a licensed establishment, licensed truck stop establishment, licensed fraternal establishment, or licensed veterans establishment when conducted in accordance with the Video Gaming Act.

(13) Games of skill or chance where money or other things of value can be won but no payment or purchase is required to participate.

(14) Savings promotion raffles authorized under Section 5g of the Illinois Banking Act, Section 7008 of the Savings Bank Act, Section 42.7 of the Illinois Credit Union Act, Section 5136B of the National Bank Act (12 U.S.C. 25a), or Section 4 of the Home Owners' Loan Act (12 U.S.C. 1463).

(15) Sports wagering when conducted in accordance with the Sports Wagering Act.

(c) Sentence.

Gambling is a Class A misdemeanor. A second or subsequent conviction under subsections (a)(3) through (a)(12), is a Class 4 felony.

(d) Circumstantial evidence.

In prosecutions under this Section circumstantial evidence shall have the same validity and weight as in any criminal prosecution.

(Source: P.A. 98-644, eff. 6-10-14; 99-149, eff. 1-1-16.)

(720 ILCS 5/28-3) (from Ch. 38, par. 28-3)

Sec. 28-3. Keeping a Gambling Place. A "gambling place" is any real estate, vehicle, boat or any other property whatsoever used for the purposes of gambling other than gambling conducted in the manner authorized by the Riverboat Gambling Act, the Sports Wagering Act, or the Video Gaming Act. Any person who knowingly permits any premises or property owned or occupied by him or under his control to be used as a gambling place commits a Class A misdemeanor. Each subsequent offense is a Class 4 felony. When any premises is determined by the circuit court to be a gambling place:

(a) Such premises is a public nuisance and may be proceeded against as such, and

(b) All licenses, permits or certificates issued by the State of Illinois or any subdivision or public agency thereof authorizing the serving of food or liquor on such premises shall be void; and no license, permit or certificate so cancelled shall be reissued for such premises for a period of 60 days thereafter; nor shall any person convicted of keeping a gambling place be reissued such license for one year from his conviction and, after a second conviction of keeping a gambling place, any such person shall not be reissued such license, and

(c) Such premises of any person who knowingly permits thereon a violation of any Section of this Article shall be held liable for, and may be sold to pay any unsatisfied judgment that may be recovered and any unsatisfied fine that may be levied under any Section of this Article.

(Source: P.A. 96-34, eff. 7-13-09.)

(720 ILCS 5/28-5) (from Ch. 38, par. 28-5)

Sec. 28-5. Seizure of gambling devices and gambling funds.

(a) Every device designed for gambling which is incapable of lawful use or every device used unlawfully for gambling shall be considered a "gambling device", and shall be subject to seizure, confiscation and destruction by the Department of State Police or by any municipal, or other local authority, within whose jurisdiction the same may be found. As used in this Section, a "gambling device" includes any slot machine, and includes any machine or device constructed for the reception of money or other thing of value and so constructed as to return, or to cause someone to return, on chance to the player thereof money, property or a right to receive money or property. With the exception of any device designed for gambling which is incapable of lawful use, no gambling device shall be forfeited or destroyed unless an individual with a property interest in said device knows of the unlawful use of the device.

(b) Every gambling device shall be seized and forfeited to the county wherein such seizure occurs. Any money or other thing of value integrally related to acts of gambling shall be seized and forfeited to the county wherein such seizure occurs.

(c) If, within 60 days after any seizure pursuant to subparagraph (b) of this Section, a person having any property interest in the seized property is charged with an offense, the court which renders judgment upon such charge shall, within 30 days after such judgment, conduct a forfeiture hearing to determine whether such property was a gambling device at the time of seizure. Such hearing shall be commenced by a written petition by the State, including material allegations of fact, the name and address of every person determined by the State to have any property interest in the seized property, a representation that written notice of the date, time and place of such hearing has been mailed to every such person by certified mail at least 10 days before such date, and a request for forfeiture. Every such person may appear as a party and present evidence at such hearing. The quantum of proof required shall be a preponderance of the evidence, and the burden of proof shall be on the State. If the court determines that the seized property was a gambling device at the time of seizure, an order of forfeiture and disposition of the seized property shall be entered: a gambling device shall be received by the State's Attorney, who shall effect its destruction, except that valuable parts thereof may be liquidated and the resultant money shall be deposited in the general fund of the county wherein such seizure occurred; money and other things of value shall be received by the State's Attorney and, upon liquidation, shall be deposited in the general fund of the county wherein such seizure occurred. However, in the event that a defendant raises the defense that the seized slot machine is an antique slot machine described in subparagraph (b) (7) of Section 28-1 of this Code and therefore he is exempt from the charge of a gambling activity participant, the seized antique slot machine shall not be destroyed or otherwise altered until a final determination is made by the Court as to whether it is such an antique slot machine. Upon a final determination by the Court of this question in favor of the defendant, such slot machine shall be immediately returned to the defendant. Such order of forfeiture and disposition shall, for the purposes of appeal, be a final order and judgment in a civil proceeding.

(d) If a seizure pursuant to subparagraph (b) of this Section is not followed by a charge pursuant to subparagraph (c) of this Section, or if the prosecution of such charge is permanently terminated or indefinitely discontinued without any judgment of conviction or acquittal (1) the State's Attorney shall commence an in rem proceeding for the forfeiture and destruction of a gambling device, or for the forfeiture and deposit in the general fund of the county of any seized money or other things of value, or both, in the circuit court and (2) any person having any property interest in such seized gambling device, money or other thing of value may commence separate civil proceedings in the manner provided by law.

(e) Any gambling device displayed for sale to a riverboat gambling operation or used to train occupational licensees of a riverboat gambling operation as authorized under the Riverboat Gambling Act is exempt from seizure under this Section.

(f) Any gambling equipment, devices and supplies provided by a licensed supplier in accordance with the Riverboat Gambling Act which are removed from the riverboat for repair are exempt from seizure under this Section.

(g) The following video gaming terminals are exempt from seizure under this Section:

(1) Video gaming terminals for sale to a licensed distributor or operator under the Video Gaming Act.

(2) Video gaming terminals used to train licensed technicians or licensed terminal handlers.

(3) Video gaming terminals that are removed from a licensed establishment, licensed truck stop establishment, licensed fraternal establishment, or licensed veterans establishment for repair.

(h) Property seized or forfeited under this Section is subject to reporting under the Seizure and Forfeiture Reporting Act.

(i) Any sports wagering equipment, devices, and supplies provided by a licensed supplier that are removed from a gaming facility for repair under the Sports Wagering Act are exempt from seizure under this Section.

(Source: P.A. 100-512, eff. 7-1-18.)

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