HB2239 103RD GENERAL ASSEMBLY

  
  

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2239

 

Introduced 2/8/2023, by Rep. Edgar Gonzalez, Jr.

 

SYNOPSIS AS INTRODUCED:
 
New Act
5 ILCS 100/5-45.35 new

    Creates the Internet Gaming Act. Authorizes an Internet gaming operator to offer Internet gaming in accordance with the provisions of the Act. Provides that Internet gaming shall only be offered by an Internet gaming license or an Internet management services provider that has contracted with an Internet gaming licensee. Provides that an internet gaming licensee shall offer no more than 3 individually branded Internet gaming skins. Provides that an Internet management services provider may conduct Internet gaming on its own Internet gaming platform pursuant to the agreement between the provider and an Internet gaming licensee and in accordance with the rules of the Board and the provisions of the Act. Includes provisions for: requirements of an Internet gaming platform; Internet waging accounts; license requirements; age verification, location, and responsible gaming; diversity goals in procurement and spending by Internet gaming licensees; acceptance of out-of-state wagers; and limitations on home rule units. Provides that a 15% privilege tax is imposed on Internet gaming to be deposited into the State Gaming Fund. Authorizes the adoption of emergency rules to implement the Act and makes conforming changes in the Illinois Administrative Procedure Act. Effective immediately.


LRB103 25081 AMQ 51416 b

 

 

A BILL FOR

 

HB2239LRB103 25081 AMQ 51416 b

1    AN ACT concerning gaming.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Internet Gaming Act.
 
6    Section 5. Definitions. Unless otherwise provided in this
7Act, the terms used in this Act have the same meaning given to
8those terms in the Illinois Gambling Act. Further, as used in
9this Act:
10    "Adjusted gross gaming revenue" means the total of all
11sums actually received by an Internet gaming licensee from
12Internet gaming operations, excluding voided wagers, free
13play, and promotional credits, less the total of all sums
14actually paid out as winnings to patrons, which includes the
15cash equivalent of any merchandise or thing of value awarded
16as a prize, and the total of successfully disputed credit or
17debit card charges that were previously included in the
18computation of gross gaming revenue. "Adjusted gross gaming
19revenue" does not include the dollar amount of non-cashable
20vouchers, coupons, or promotions redeemed by participants on
21an Internet gaming platform.
22    "Board" means the Illinois Gaming Board.
23    "Internet game" means an Internet-based version or

 

 

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1substantial equivalent of a gambling game, slot machine,
2poker, table game, or any other game approved by the Board,
3including, but not limited to, simulcasted live-dealer
4versions of casino games in which an individual wagers money
5or something of monetary value for the opportunity to win
6money or something of monetary value, and which is accessed by
7an Internet-connected computer or mobile device. "Internet
8game" includes gaming tournaments conducted via the Internet
9in which players compete against one another or in one or more
10of the games authorized in this Act. "Internet game" does not
11include sports wagering conducted pursuant to the Sports
12Wagering Act or fantasy contests in which one or more players
13compete against each other and winning outcomes reflect the
14relative knowledge and skill of the players and are determined
15predominantly by accumulated statistical results of the
16performance of individuals, including athletes in the case of
17sporting events.
18    "Internet gaming" means conducting Internet games.
19    "Internet gaming licensee" means the owners licensee or
20organization licensee that holds an Internet gaming license
21under this Act.
22    "Internet gaming operator" means an Internet gaming
23licensee that operates an Internet gaming platform or, if an
24Internet management services provider operates the Internet
25gaming platform, the Internet management services provider.
26    "Internet gaming platform" means the combination of

 

 

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1hardware and software or other technology designed and used to
2manage, conduct, and record Internet gaming and the wagers
3associated with Internet gaming.
4    "Internet gaming skin" means a distinctly branded Internet
5gaming platform operated by an Internet gaming operator, which
6may encompass a website, mobile application, or other portal
7to the Internet gaming platform. The brand may be that of the
8Internet gaming licensee or its affiliate, the Internet
9management service provider, or another brand as agreed upon
10by the Internet gaming licensee and its Internet management
11service provider.
12    "Internet management service provider" means a licensed
13business entity that operates an Internet gaming platform
14pursuant to an agreement with an Internet gaming licensee.
15    "Internet wagering" means the placing of wagers with an
16Internet gaming operator by persons who are either physically
17present in the State or in another permissible jurisdiction
18with which the Board has entered into a reciprocal agreement
19when placing a wager or otherwise permitted to place a wager by
20law.
21    "Internet wagering account" means a financial record
22established and accessible through an Internet gaming platform
23for an individual patron in which the patron may deposit and
24withdraw funds for Internet gaming and other authorized
25purchases and to which the Internet gaming operator may credit
26winnings or other amounts due to that patron or authorized by

 

 

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1that patron. Nothing in this Act shall prohibit the use of the
2same Internet wagering account for sports wagering conducted
3and authorized under the Sports Wagering Act.
4    "Organization licensee" has the meaning given to that term
5in the Illinois Horse Racing Act of 1975.
6    "Owners licensee" means the holder of an owners license
7issued under the Illinois Gambling Act.
8    "Permissible jurisdiction" means another jurisdiction from
9which wagers may be accepted pursuant to Section 60.
10    "Supplier" means (i) a seller or lessor of gaming
11equipment, systems, or other items to conduct Internet gaming,
12including a manufacturer, distributor, wholesaler, or
13retailer; (ii) a provider of Internet gaming equipment,
14maintenance, or repair services; (iii) a provider of security
15services at designated gaming areas; or (iv) any other
16purveyor of goods, data, or services to an Internet gaming
17licensee or Internet management service provider licensee, as
18deemed necessary by the Board if the Board determines that the
19goods, data, or services impact the integrity or security of
20the Internet gaming operation.
 
21    Section 10. Board powers and responsibilities. The Board
22has the same powers and responsibilities with respect to the
23offering of Internet gaming as it has with respect to
24non-Internet gaming pursuant to Section 5 of the Illinois
25Gambling Act, except where the exercise of such powers or

 

 

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1responsibilities is incompatible with the offering of gambling
2games over the Internet or with this Act.
 
3    Section 15. Rulemaking.
4    (a) The Board shall adopt emergency rules within 90 days
5after the effective date of this Act to administer this Act in
6accordance with Section 5-45 of the Illinois Administrative
7Procedure Act. For the purposes of the Illinois Administrative
8Procedure Act, the General Assembly finds that the adoption of
9rules to implement this Act is deemed an emergency and
10necessary to the public interest, safety, and welfare.
11    (b) In adopting rules and regulating the conduct of
12Internet gaming, the Board shall to the greatest extent
13possible utilize existing rules adopted under the Illinois
14Gambling Act and amend existing rules or adopt new rules or
15standards only as reasonably necessary to implement Internet
16gaming under this Act. The Board shall look to the Internet
17gaming rules of other regulated jurisdictions in the United
18States and shall implement consistent rules to the greatest
19extent practicable.
 
20    Section 20. Internet gaming authorized.
21    (a) Notwithstanding any provision of law to the contrary,
22Internet gaming is only lawful when conducted by an Internet
23gaming operator in accordance with the provisions of this Act
24and the rules of the Board.

 

 

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1    (b) Internet gaming shall only be offered by an Internet
2gaming licensee or an Internet management services provider
3that has contracted with an Internet gaming licensee. An
4Internet gaming licensee shall offer no more than 3
5individually branded Internet gaming skins. The Internet
6gaming licensee may operate the platform and contract with up
7to 3 Internet management service providers to conduct Internet
8gaming in accordance with the rules of the Board and the
9provisions of this Act. An Internet management services
10provider may conduct Internet gaming on its own Internet
11gaming platform pursuant to the agreement between the provider
12and an Internet gaming licensee and in accordance with the
13rules of the Board and the provisions of this Act.
14    (c) The primary servers necessary to the placement or
15resolution of wagers on an Internet gaming platform shall be
16located within a facility that is secure and inaccessible to
17the public. The primary servers may be located anywhere in the
18United States that is in compliance with federal law for a
19period of one year following the effective date of this Act.
20Beginning one year after the effective date of this Act, the
21primary servers must be located in the State. All wagers
22placed by a person physically located in the State are deemed
23to be placed in this State. The intermediate routing of
24electronic data in connection with Internet gaming, including
25across State lines, shall not determine the location or
26locations in which a wager is initiated, received, or

 

 

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1otherwise made.
 
2    Section 25. Requirements of Internet gaming platform.
3    (a) An Internet gaming operator may accept wagers on an
4Internet gaming platform only as follows:
5        (1) the wager is placed directly with the Internet
6    gaming operator through an Internet wagering account; and
7        (2) the Internet gaming operator has verified that the
8    person placing the wager is the holder of the Internet
9    wagering account and is physically located within this
10    State or a permissible jurisdiction using technological
11    requirements in compliance with this Section.
12    (b) An Internet gaming platform shall include age and
13location verification mechanisms and requirements that are
14designed to preclude knowingly accepting wagers from
15individuals under 21 years of age, persons not physically
16within the State or a permissible jurisdiction, and persons
17otherwise excluded from Internet gaming from establishing
18Internet wagering accounts or from engaging in Internet gaming
19under this Act. The Internet gaming platform's age, location,
20and eligibility detection mechanisms shall monitor attempts to
21access the system and shall use commercially reasonable
22attempts to block unauthorized attempts to access the system.
23    (c) An Internet gaming operator shall implement
24commercially reasonable data security standards to prevent
25unauthorized access by any person whose identity has not been

 

 

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1verified or cannot be verified, in accordance with rules
2adopted by the Board. The Internet gaming platform's identity
3verification mechanisms shall monitor attempts to access the
4system and shall use commercially reasonable attempts to block
5unauthorized attempts to access the system by persons who are
6not the wagering account holder.
7    (d) An Internet gaming operator shall implement
8commercially reasonable standards to protect the privacy and
9security of patrons to a reasonable degree of certainty.
10Internet gaming operators shall establish and offer patrons
11the option to protect their accounts with multi-factor
12authentication or authentication features such as personal
13identification numbers or biometric data.
14    (e) An Internet gaming operator shall establish internal
15and accounting controls applicable to Internet gaming and
16shall ensure that the security and integrity of all financial
17transactions in connection with Internet gaming shall comply
18with this Act and any rules adopted by the Board.
19    (f) Each Internet gaming operator shall collect, report,
20and pay all applicable taxes and fees and shall maintain all
21books, records, and documents pertaining to the Internet
22gaming operators gaming operations in a manner approved by the
23Board.
24    (g) All books, records, and documents concerning Internet
25gaming shall be available for inspection upon commercially
26reasonable notice by the Board during ordinary business hours

 

 

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1in accordance with the Board's rules and shall be maintained
2by each Internet gaming operator in a manner and during
3periods of time as the Board shall require.
4    (h) Each Internet gaming operator shall maintain a file
5containing samples of the types and forms of advertising and
6promotional materials that it has used for Internet gaming in
7connection with this State for a period of 2 years. Such
8advertising samples shall be made available or produced for
9inspection upon the Board's request. The Board shall allow for
10Internet gaming operators to advertise beginning on the date
11of their licensing approval, including a temporary licensing
12approval. Nothing in this Section shall require Internet
13gaming operators to obtain advertising preapproval from the
14Board.
 
15    Section 30. Internet wagering accounts.
16    (a) Eligible persons seeking to establish Internet
17wagering accounts may do so in person at a casino or racetrack
18or over the Internet without appearing in person. An Internet
19gaming operator shall adopt reasonable procedures to ensure
20that individuals have no more than one Internet wagering
21account with the Internet gaming operator. However, nothing in
22this Act prohibits the use of a single account for a sports
23wagering account under the Sports Wagering Act and the
24Internet wagering account set forth under this Act.
25    (b) A participant may deposit and withdraw funds from the

 

 

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1participant's Internet wagering accounts in-person at a casino
2or racetrack or over the Internet through electronic means to
3the extent allowed by federal law, including debit and credit
4cards; automated clearing house transfers; wire transfers;
5deposits and withdrawals of cash or gaming chips at cashiering
6locations in a river boat, a casino, or any property or
7facility owned, maintained, or leased by an organization
8licensee, an owners licensee, an Internet gaming operator, an
9Internet gaming licensee, or any other facility where a
10gambling game, a casino game, slot machines, table games, or
11other gambling operation occurs; deposits and withdrawals of
12cash at retail locations in the State approved by the Board;
13reloadable prepaid cards; gift cards; cash complimentary,
14promotional credits, or bonus credits; winnings; digital,
15crypto, and virtual currencies; or other means as approved by
16the Board.
17    (c) An Internet gaming operator shall include, as part of
18the Internet gaming operator's internal controls, mechanisms
19and procedures for reasonably detecting unauthorized access to
20Internet wagering accounts, unauthorized attempts to access
21Internet wagering accounts, and suspicious Internet wagering
22activity constituting cheating, theft, embezzlement,
23collusion, money laundering, and other illegal activity.
24    (d) As permitted by federal law, nothing in this Act
25prohibits Internet gaming operators from linking or otherwise
26commingling Internet wagering accounts with an eligible

 

 

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1person's Internet wagering account in another jurisdiction.
2However, each Internet gaming operator must retain records of
3all deposits, withdraws, wagers, and wager results that take
4place within this State and pursuant to this Act and ensure all
5taxes and fees due under this Act are properly documented and
6paid.
 
7    Section 35. License requirements.
8    (a) No person may offer Internet games in this State
9unless all necessary licenses have been obtained in accordance
10with this Act and the rules of the Board. The Board may issue
11the following licenses to persons, firms, partnerships, or
12corporations that apply for licensure upon a determination by
13the Board that the applicant is eligible for the license under
14this Act and rules adopted by the Board:
15        (1) Internet gaming license;
16        (2) Internet management service provider license;
17        (3) supplier license; and
18        (4) occupational license.
19    (b) The Board shall issue an Internet gaming license upon
20request to any owners licensee or organization licensee that
21meets the conditions of subsection (i). The fee for a license
22shall be $250,000. An Internet gaming license shall be valid
23for the same period of time as the requester's owners license
24or organization license and shall be renewed as a matter of
25course upon renewal of the owners license or organization

 

 

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1license and for the same period of time as the owners license
2or organization license. The fee for renewal of an Internet
3gaming license is $100,000. If an Internet gaming license is
4received after the issuance or renewal of an owners license or
5organizational license, the Internet gaming license fee shall
6be prorated for the remainder of the existing term.
7    (c) An entity may apply for an Internet management service
8provider license in the form as may be required by the Board
9consistent with the requirements of this Act. The Board shall
10provide an abbreviated application for entities that hold or
11have a pending application for a management services provider
12license under the Sports Wagering Act or other types of gaming
13under Illinois law. Before issuance of an Internet management
14service provider license under this Act, the applicant shall
15pay to the Board a licensing fee of $100,000 or, for applicants
16holding a management service provider license issued under
17other State law, a licensing fee of $50,000. An Internet
18management service provider license issued under this Act
19shall be valid for 4 years, subject to renewal upon payment of
20a fee of $50,000.
21    (d) An applicant for a supplier license shall apply in the
22form as may be required by the Board consistent with the
23requirements of this Act. The Board shall provide an
24abbreviated application for entities that hold or have a
25pending application for a supplier license under the Sports
26Wagering Act or other types of gaming under State law. Before

 

 

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1issuance of a supplier license under this Act, the applicant
2shall pay to the Board a licensing fee of $75,000 or, for
3applicants holding a supplier license issued under other
4Illinois law, a licensing fee of $50,000. A supplier license
5issued under this Act shall be valid for 4 years, subject to
6renewal upon payment of a fee of $50,000.
7    (e) An applicant for an occupation license shall apply in
8the form as may be required by the Board consistent with the
9requirements of this Act for individuals who can directly
10change critical components of Internet game system hardware or
11software and meet 2 of the following requirements:
12        (1) have access to wagering account holders'
13    personally identifying information;
14        (2) have the ability to make adjustments to Internet
15    wagering accounts; or
16        (3) have direct interaction with wagering account
17    holders.
18    Before issuance of an occupational license under this Act,
19the applicant shall pay to the Board a licensing fee of $150
20or, for applicants holding an occupational license issued
21under other State law, a licensing fee of $100. An
22occupational license issued under this Act shall be valid for
234 years, subject to renewal upon payment of a fee of $100. An
24Internet gaming licensee may pay an occupational licensing fee
25on behalf of its employees.
26    (f) The Board shall issue any license under this Act upon

 

 

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1payment of the license fee to an applicant that meets the
2conditions of subsection (i), if applicable, and a showing
3that the applicant holds an equivalent license under the
4Illinois Sports Wagering Act or, otherwise, has an equivalent
5license to conduct Internet gaming in another U.S.
63jurisdiction with licensing standards similar to those
7established under this Act and accompanying rules.
8    (g) The Board shall issue any license under this Act on a
9temporary basis within 30 days after receiving an application
10to any applicant that holds an equivalent license or temporary
11license under the Sports Wagering Act or, otherwise, has
12equivalent licenses in connection with Internet gaming in
13another U.S. jurisdiction with licensing standards similar to
14those established under this Act and accompanying rules. The
15Board shall issue the temporary license under this subsection
16within 30 days after receiving a completed application unless
17it is aware of credible information that may prevent the
18issuance of a license or require certain conditions on a
19license to ensure compliance with State gaming law, subject to
20due process. The temporary license shall be valid for a period
21of one year. The Board may revoke a temporary license at any
22time if it becomes aware of credible information that may
23prevent the issuance of a license or require certain
24conditions on a license to ensure compliance with State gaming
25law. A temporary license shall otherwise be deemed to be the
26equivalent of a full license for all purposes. A temporary

 

 

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1license shall be renewed if a final determination has not been
2made by the Board on permanent licensure within one year. The
3Board shall adopt a process for ensuring an equal opportunity
4for all licensees to initially launch on a date set forth by
5the Board.
6    (h) The Board may require background investigations for
7any officer, director, or shareholder with 10% or more equity
8interests of an applicant for an Internet management service
9provider license. The Board may recover the actual and
10reasonable costs of an investigation conducted under this
11subsection from any license applicant. The Board shall waive a
12background investigation upon a showing that a background
13investigation has previously been conducted on the applicant
14under the Sports Wagering Act. The Board may accept a
15background investigation conducted by another state with
16licensing standards similar to those established under this
17Act and accompanying rules.
18    (i) The Board may not issue an Internet gaming license to
19an owners licensee or organization licensee that has reduced
20the size of its workforce by 25% or more since February 28,
212020. The Board may not renew the Internet gaming license of
22any owners licensee or organization licensee that has reduced
23the size of its workforce by 25% since the date its last
24Internet gaming license was issued or renewed.
 
25    Section 40. Age verification; location; responsible

 

 

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1gaming.
2    (a) An Internet gaming platform's internal controls shall
3include one or more mechanism to reasonably verify that a
4participant is 21 years of age or older, that wagering on
5Internet games is limited to transactions that are initiated
6and received within the State or a permissible jurisdiction,
7and that the participant is physically located within the
8State or a permissible jurisdiction.
9    (b) The Board shall develop responsible Internet gaming
10measures, including a statewide responsible gaming database
11identifying individuals who shall be prohibited from
12establishing an Internet wagering account or participating in
13Internet gaming offered by an Internet gaming operator. The
14Board shall adopt rules for the establishment and maintenance
15of the responsible gaming database, which shall include
16allowances for individuals to self-exclude from Internet
17wagering, including making self-exclusion elections through an
18Internet gaming operator on an Internet gaming platform or in
19person at casinos or racetracks. The Board shall maintain the
20responsible gaming database in a confidential manner and
21Internet gaming operators shall not knowingly accept wagers
22from anyone listed on the responsible gaming database.
23Notwithstanding any law to the contrary, a self-exclusion
24election and the responsible gaming database are not public
25records subject to copying and disclosure under the Freedom of
26Information Act.

 

 

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1    (c) Each Internet gaming platform shall display the words
2"If you or someone you know has a gambling problem, help is
3available. Call (toll-free telephone number)" or some
4comparable language approved by the Board, which language
5shall include the words "gambling problem" and "call
6(toll-free telephone number)", to be displayed on the home
7page accessible to any person initially logging into the
8Internet gaming platform. Similar information shall be
9accessible to account holders when logged onto the Internet
10gaming platform.
11    (d) Each Internet gaming platform shall include mechanisms
12for temporary and permanent self-exclusion through the Board's
13statewide responsible gaming database from Internet gaming.
14Each Internet gaming platform shall include mechanisms for
15termination of a patron's Internet wagering account.
16Additionally, each Internet gaming platform shall include
17player self-imposed wagering and deposit limits, including a
18deposit limit offered on a daily, weekly, and monthly basis
19that allows patrons to specify the maximum amount of money
20they can deposit into the Internet wagering account during the
21particular time period; and a spend limit offered on a daily,
22weekly, and monthly basis that allows patrons to specify the
23maximum amount of the deposits that they may put at risk during
24the particular time period. Self-imposed wagering or deposit
25limits shall take effect immediately but increases to a
26previously imposed limit shall not take effect until the

 

 

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1expiration of the limit per the terms of the patron's original
2election. A licensee under this Act shall not knowingly mail
3or otherwise forward any gaming-related promotional materials
4or electronic mail to a participant during any period in which
5the patron has elected to temporarily or permanently suspend
6oneself from all Internet gaming or permanently terminate
7Internet gaming through the account.
8    (e) A patron shall continue to have the ability to
9withdraw funds, notwithstanding any temporary or permanent
10suspension or limits placed upon the account pursuant to this
11Section.
 
12    Section 45. Tax.
13    (a) A privilege tax is imposed on an Internet gaming
14operator based on the adjusted gross gaming revenue wagered on
15Internet gaming platforms authorized under this Act at a rate
16of 15% of adjusted gross gaming revenue. This privilege tax is
17the exclusive tax in relation to Internet gaming. No local
18government of this State, including home rule municipalities,
19may impose or levy taxes on adjusted gross gaming revenue.
20    (b) All moneys collected under this Act by the Board shall
21be deposited into the State Gaming Fund. The taxes imposed by
22this Section shall be paid by the Internet gaming operator no
23later than the last day of the month following the calendar
24month in which the adjusted gross gaming receipts were
25received and the tax obligation was accrued.

 

 

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1    (c) If the taxpayer's adjusted gross gaming revenue for a
2month is a negative number, the taxpayer may carry over the
3negative amount to a return filed a subsequent month and
4deduct such amount from its tax liability for such month,
5provided that such amount shall not be carried over and
6deducted against tax liability in any month that is more than
712 months later than the month in which such amount was
8accrued.
9    (d) The tax revenue deposited into the State Gaming Fund
10under this Act shall be distributed according to Section 13 of
11the Illinois Gambling Act, wherein the Internet gaming
12operator shall be treated as the owners licensee or
13organization licensee that holds the Internet gaming license
14under this Act.
 
15    Section 50. Diversity programs.
16    (a) As used in this Section only, "licensee" means an
17Internet gaming licensee under this Act.
18    (b) The public policy of this State is to collaboratively
19work with companies that serve State residents to improve
20their supplier diversity in a non-antagonistic manner.
21    (c) The Board shall require all licensees under this Act
22to submit an annual report by April 15, 2024 and every April 15
23thereafter, in a searchable Adobe PDF format, on all
24procurement goals and actual spending for businesses owned by
25women, minorities, veterans, and persons with disabilities and

 

 

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

 

 

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1    persons with disabilities; and
2        (8) any particular success stories to encourage other
3    licensees to emulate best practices.
4    (e) Each annual report shall include as much
5State-specific data as possible. If the submitting entity does
6not submit State-specific data, then the licensee shall
7include any national data it does have and explain why it could
8not submit State-specific data and how it intends to do so in
9future reports, if possible.
10    (f) Each annual report shall include the rules,
11regulations, and definitions used for the procurement goals in
12the licensee's annual report.
13    (g) The Board and all licensees shall hold an annual
14workshop and job fair open to the public in 2024 and every year
15thereafter on the state of supplier diversity to
16collaboratively seek solutions to structural impediments to
17achieving stated goals, including testimony from each licensee
18as well as subject matter experts and advocates. The Board
19shall publish a database on its website of the point of contact
20for licensees it regulates under this Act for supplier
21diversity, along with a list of certifications each licensee
22recognizes from the information submitted in each annual
23report. The Board shall publish each annual report on its
24website and shall maintain each annual report for at least 5
25years.
26    (h) A licensee under this Act that is also subject to the

 

 

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1diversity program requirements of Section 7.6 of the Illinois
2Gambling Act shall include its Internet gaming activities
3within the supplier diversity goals and accompanying reports.
4Compliance with Section 7.6 of the Illinois Gambling Act shall
5be in lieu of compliance with the reporting requirements under
6this Act.
 
7    Section 55. Applicability of the Illinois Gambling Act and
8the Uniform Penalty and Interest Act. The provisions of the
9Illinois Gambling Act, and all rules adopted under that Act,
10shall apply to this Act, except where there is a conflict
11between those Acts, including the incompatibility of any
12provision to the conduct of gaming remotely, without a
13brick-and-mortar facility, or over the Internet. All
14provisions of the Uniform Penalty and Interest Act shall
15apply, as far as practicable, to the subject matter of this Act
16to the same extent as if such provisions were included in this
17Act.
 
18    Section 60. Acceptance of out-of-state wagers.
19Notwithstanding any other provision of law to the contrary,
20wagers may be accepted under this Act from persons who are not
21physically present in this State if the Board has determined
22that out-of-state wagering is not inconsistent with federal
23law or the law of the jurisdiction in which the person is
24located or if out-of-state wagering is conducted pursuant to a

 

 

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1reciprocal agreement to which this State is a party that is not
2inconsistent with federal law. The Board may enter into
3agreements with other jurisdictions to facilitate, administer,
4and regulate multijurisdictional approved Internet games,
5including, but not limited to, poker.
 
6    Section 65. Home rule. The licensure and conduct of
7Internet gaming conducted by a person or entity pursuant to
8this Act are exclusive powers and functions of the State. A
9home rule unit may not regulate or license Internet gaming.
10This Section is a denial and limitation of home rule powers and
11functions under subsection (h) of Section 6 of Article VII of
12the Illinois Constitution.
 
13    Section 95. The Illinois Administrative Procedure Act is
14amended by adding Section 5-45.35 as follows:
 
15    (5 ILCS 100/5-45.35 new)
16    Sec. 5-45.35. Emergency rulemaking; Internet Gaming Act.
17To provide for the expeditious and timely implementation of
18the Internet Gaming Act, emergency rules implementing the
19Internet Gaming Act shall be adopted in accordance with
20Section 5-45 by the Illinois Gaming Board. The adoption of
21emergency rules authorized by Section 5-45 and this Section is
22deemed to be necessary for the public interest, safety, and
23welfare.

 

 

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1    This Section is repealed on January 1, 2027.
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.