Bill Amendment: IL HB3308 | 2019-2020 | 101st General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: SPORTS WAGERING-TECH
Status: 2019-03-29 - House Committee Amendment No. 5 Rule 19(c) / Re-referred to Rules Committee [HB3308 Detail]
Download: Illinois-2019-HB3308-House_Amendment_001.html
Bill Title: SPORTS WAGERING-TECH
Status: 2019-03-29 - House Committee Amendment No. 5 Rule 19(c) / Re-referred to Rules Committee [HB3308 Detail]
Download: Illinois-2019-HB3308-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 3308
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2 | AMENDMENT NO. ______. Amend House Bill 3308 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Sports Wagering Act.
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6 | Section 5. Implementation of this Act. The Board must adopt | ||||||
7 | any rules and take any other actions necessary so that sports | ||||||
8 | wagering licensees may begin conducting sports wagering under | ||||||
9 | this Act beginning 90 days after the effective date of this | ||||||
10 | Act.
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11 | Section 10. Definitions. As used in this Act: | ||||||
12 | "Adjusted gross sports wagering receipts" means a sports | ||||||
13 | wagering licensee's gross sports wagering receipts, less | ||||||
14 | winnings paid to wagerers in such games. | ||||||
15 | "Board" means the Illinois Gaming Board. |
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1 | "Gaming facility" means a riverboat under the Riverboat | ||||||
2 | Gambling Act or a racetrack or inter-track wagering location | ||||||
3 | under the Illinois Horse Racing Act of 1975. | ||||||
4 | "License" means a license applied for or issued by the | ||||||
5 | Board under this Act, including, but not limited to: | ||||||
6 | (1) a license to act as an agent of the Board in | ||||||
7 | operating sports wagering at a gaming facility or online, | ||||||
8 | including through the use of a sports wagering skin (sports | ||||||
9 | wagering license); | ||||||
10 | (2) a license derived from a sports wagering license to | ||||||
11 | act as an agent of the Board in operating sports wagering | ||||||
12 | through a portal, website, or computer or mobile | ||||||
13 | application or app (sports wagering skin license); | ||||||
14 | (3) a license to supply a sports wagering licensee with | ||||||
15 | sports wagering equipment or services necessary for the | ||||||
16 | operation of sports wagering (supplier license); | ||||||
17 | (4) a license to be employed by a sports wagering | ||||||
18 | licensee when the employee works in a designated gaming | ||||||
19 | area that has sports wagering or performs duties in | ||||||
20 | furtherance of or associated with the operation of sports | ||||||
21 | wagering by the sports wagering licensee (occupational | ||||||
22 | license); and | ||||||
23 | (5) a license to provide management services under a | ||||||
24 | contract to a sports wagering licensee (management | ||||||
25 | services provider license). | ||||||
26 | "Sports event" means a professional sport or athletic |
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1 | event, a collegiate sport or athletic event, a motor race | ||||||
2 | event, or any other special event authorized by the Board under | ||||||
3 | this Act. | ||||||
4 | "Sports wagering" means the business of accepting wagers on | ||||||
5 | sports events and other events, the individual performance | ||||||
6 | statistics of athletes in a sports event or other events, or a | ||||||
7 | combination of any of the same by any system or method of | ||||||
8 | wagering approved by the Board, including, but not limited to, | ||||||
9 | mobile applications and other digital platforms that utilize | ||||||
10 | communications technology to accept wagers originating within | ||||||
11 | this State. "Sports wagering" includes, but is not limited to, | ||||||
12 | exchange wagering, parlays, over-under, moneyline, pools, and | ||||||
13 | straight bets. "Sports wagering" does not include: | ||||||
14 | (1) pari-mutuel wagering on the outcome of horse races | ||||||
15 | authorized by the Illinois Horse Racing Act of 1975; | ||||||
16 | (2) lottery games authorized by the Illinois Lottery | ||||||
17 | Law; | ||||||
18 | (3) video gaming authorized by the Video Gaming Act; | ||||||
19 | and | ||||||
20 | (4) gambling games authorized by the Riverboat | ||||||
21 | Gambling Act. | ||||||
22 | "Sports wagering account" means a financial record | ||||||
23 | established by a sports wagering licensee for an individual | ||||||
24 | patron in which the patron may deposit and withdraw funds | ||||||
25 | within a gaming facility for sports wagering and other | ||||||
26 | authorized purchases and to which the sports wagering licensee |
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1 | may credit winnings or other amounts due to that patron or | ||||||
2 | authorized by that patron. | ||||||
3 | "Sports wagering licensee" means an organization licensee | ||||||
4 | or inter-track wagering location licensee under the Illinois | ||||||
5 | Horse Racing Act of 1975 or an owners licensee under the | ||||||
6 | Riverboat Gambling Act authorized to conduct sports wagering in | ||||||
7 | its facility or online. | ||||||
8 | "Sports wagering skin" means the brand used by the sports | ||||||
9 | wagering licensee as presented through a portal, website, or | ||||||
10 | computer or mobile application or app through which authorized | ||||||
11 | sports wagering is made available to authorized participants by | ||||||
12 | a sports wagering licensee. | ||||||
13 | "Wager" means a sum of money or thing of value risked on an | ||||||
14 | uncertain occurrence.
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15 | Section 15. State authorization of sports wagering. | ||||||
16 | Notwithstanding any provision of law to the contrary, the | ||||||
17 | operation of sports wagering and ancillary activities are only | ||||||
18 | lawful when conducted in accordance with the provisions of this | ||||||
19 | Act and the rules of the Board.
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20 | Section 20. Board duties and powers. | ||||||
21 | (a) The Board shall have the authority to regulate the | ||||||
22 | conduct of sports wagering under this Act. | ||||||
23 | (b) The Board has the authority to adopt any rules the | ||||||
24 | Board considers necessary for the successful implementation, |
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1 | administration, and enforcement of this Act. Rules proposed by | ||||||
2 | the Board before December 1, 2019 may be adopted as emergency | ||||||
3 | rules pursuant to Section 5-45 of the Illinois Administrative | ||||||
4 | Procedure Act. | ||||||
5 | (c) The Board shall levy and collect all fees, surcharges, | ||||||
6 | civil penalties, and monthly taxes on adjusted gross sports | ||||||
7 | wagering receipts imposed by this Act and deposit all moneys | ||||||
8 | into the Sports Wagering Fund, except as otherwise provided | ||||||
9 | under this Act. | ||||||
10 | (d) The Board may exercise any other powers necessary to | ||||||
11 | enforce the provisions of this Act and the rules of the Board.
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12 | Section 25. Licenses required. | ||||||
13 | (a) No person may engage in any activity in connection with | ||||||
14 | sports wagering in this State unless all necessary licenses | ||||||
15 | have been obtained in accordance with this Act and the rules of | ||||||
16 | the Board. The following licenses shall be issued under this | ||||||
17 | Act: | ||||||
18 | (1) sports wagering license; | ||||||
19 | (2) sports wagering skin license; | ||||||
20 | (3) supplier license; | ||||||
21 | (4) management services provider license; and | ||||||
22 | (5) occupational license. | ||||||
23 | No person or entity may engage in a sports wagering | ||||||
24 | operation or activity without first obtaining the appropriate | ||||||
25 | license. |
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1 | (b) Except for provisional licenses issued under Sections | ||||||
2 | 30, 35, 40, and 45, the Board may not grant a license until it | ||||||
3 | determines that each person who has control of the applicant | ||||||
4 | meets all qualifications for licensure. The following persons | ||||||
5 | are considered to have control of an applicant: | ||||||
6 | (1) each person associated with a corporate applicant, | ||||||
7 | including a corporate holding company, parent company, or | ||||||
8 | subsidiary company of the applicant who has the ability to | ||||||
9 | control the activities of the corporate applicant or elect | ||||||
10 | a majority of the board of directors of that corporation; | ||||||
11 | this does not include a bank or other licensed lending | ||||||
12 | institution that holds a mortgage or other lien acquired in | ||||||
13 | the ordinary course of business; | ||||||
14 | (2) each person associated with a non-corporate | ||||||
15 | applicant who directly or indirectly holds a beneficial or | ||||||
16 | proprietary interest in the applicant's business operation | ||||||
17 | or who the Board otherwise determines has the ability to | ||||||
18 | control the applicant; and | ||||||
19 | (3) key personnel of an applicant, including an | ||||||
20 | executive, employee, or agent, having the power to exercise | ||||||
21 | significant influence over decisions concerning any part | ||||||
22 | of the applicant's business operation. | ||||||
23 | (c) An applicant for a license issued under this Act shall | ||||||
24 | submit an application to the Board in the form the Board | ||||||
25 | requires and submit fingerprints for a national criminal | ||||||
26 | records check by the Department of State Police and the Federal |
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1 | Bureau of Investigation. The fingerprints shall be furnished by | ||||||
2 | all persons required to be named in the application and shall | ||||||
3 | be accompanied by a signed authorization for the release of | ||||||
4 | information by the Federal Bureau of Investigation. The Board | ||||||
5 | may require additional background checks on licensees when they | ||||||
6 | apply for annual license renewal, and an applicant convicted of | ||||||
7 | a disqualifying offense shall not be licensed. | ||||||
8 | (d) Each sports wagering licensee, licensed supplier, or | ||||||
9 | licensed management services provider shall display the | ||||||
10 | license conspicuously in the licensee's place of business or | ||||||
11 | have the license available for inspection by an agent of the | ||||||
12 | Board or a law enforcement agency. | ||||||
13 | (e) Each holder of an occupational license shall carry the | ||||||
14 | license and have some indicia of licensure prominently | ||||||
15 | displayed on his or her person when present in a gaming | ||||||
16 | facility licensed under this Act at all times, in accordance | ||||||
17 | with the rules of the Board. | ||||||
18 | (f) Each person licensed under this Act shall give the | ||||||
19 | Board written notice within 30 days after a change to | ||||||
20 | information provided in the licensee's application for a | ||||||
21 | license or renewal. | ||||||
22 | (g) No Board employee may be an applicant for a license | ||||||
23 | issued under this Act, nor may an employee of a licensee | ||||||
24 | directly or indirectly hold an ownership or a financial | ||||||
25 | interest in a sports wagering license.
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1 | Section 30. Sports wagering license; sports wagering skin | ||||||
2 | license. | ||||||
3 | (a) The Board may issue a sports wagering license to an | ||||||
4 | organization licensee or inter-track wagering location | ||||||
5 | licensee under the Illinois Horse Racing Act of 1975 or an | ||||||
6 | owners licensee under the Riverboat Gambling Act that provides | ||||||
7 | a nonrefundable license fee of $10,000,000. The sports wagering | ||||||
8 | license may be renewed after 5 years upon payment of a $250,000 | ||||||
9 | renewal fee. | ||||||
10 | (b) Each sports wagering licensee shall be limited to 2 | ||||||
11 | sports wagering skins to provide sports wagering online. Each | ||||||
12 | sports wagering skin must reflect a brand owned by the sports | ||||||
13 | wagering licensee or any affiliate of the sports wagering | ||||||
14 | licensee in the United States. As used in this subsection, | ||||||
15 | "affiliate" means a person that directly, or indirectly through | ||||||
16 | one or more intermediaries, controls, is controlled by, or is | ||||||
17 | under common control with a sports wagering licensee. | ||||||
18 | (c) The Board may issue a sports wagering skin license to | ||||||
19 | an entity that provides a nonrefundable license fee of | ||||||
20 | $1,000,000. The sports wagering skin license may be renewed | ||||||
21 | after 5 years upon payment of a $500,000 renewal fee. | ||||||
22 | (d) An applicant for a sports wagering license or sports | ||||||
23 | wagering skin license that holds a valid license to conduct | ||||||
24 | sports wagering in another United States jurisdiction shall be | ||||||
25 | issued a provisional license until the sports wagering operator | ||||||
26 | license or sports wagering skin license is issued or denied by |
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1 | the Board and the provisional license is effective upon | ||||||
2 | issuance.
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3 | Section 35. Management services provider license. | ||||||
4 | (a) The holder of a sports wagering license may contract | ||||||
5 | with an entity to conduct that operation in accordance with the | ||||||
6 | rules of the Board. That entity shall obtain a license as a | ||||||
7 | management services provider before the execution of any such | ||||||
8 | contract, and the license shall be issued pursuant to the | ||||||
9 | provisions of this Act and any rules adopted by the Board. | ||||||
10 | (b) Each applicant for a management services provider | ||||||
11 | license shall meet all requirements for licensure and pay a | ||||||
12 | nonrefundable license and application fee of $250,000. The | ||||||
13 | Board may adopt rules establishing additional requirements for | ||||||
14 | an authorized management services provider. The Board may | ||||||
15 | accept licensing by another jurisdiction that it specifically | ||||||
16 | determines to have similar licensing requirements as evidence | ||||||
17 | the applicant meets authorized management services provider | ||||||
18 | licensing requirements. | ||||||
19 | (c) Management services provider licenses shall be renewed | ||||||
20 | annually to a licensee who continues to be in compliance with | ||||||
21 | all requirements and who pays the annual renewal fee of | ||||||
22 | $250,000. | ||||||
23 | (d) An entity or individual who shares in revenue, | ||||||
24 | including an affiliate operating under a revenue share | ||||||
25 | agreement, shall be licensed under this Section. |
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1 | (e) An applicant for a management service provider license | ||||||
2 | that holds a valid license to provide management services for | ||||||
3 | sports wagering in another United States jurisdiction shall be | ||||||
4 | issued a provisional license to provide management services for | ||||||
5 | sports wagering in the State until issued a management service | ||||||
6 | provider license by the Board and may begin providing | ||||||
7 | management services for sports wagering on the operative date.
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8 | Section 40. Supplier license. | ||||||
9 | (a) The Board may issue a supplier license to a person to | ||||||
10 | sell or lease sports wagering equipment, systems, or other | ||||||
11 | gaming items necessary to conduct sports wagering, and offer | ||||||
12 | services related to the equipment or other gaming items to a | ||||||
13 | sports wagering licensee while the license is active. | ||||||
14 | (b) The Board may adopt rules establishing additional | ||||||
15 | requirements for a supplier and any system or other equipment | ||||||
16 | utilized for sports wagering. The Board may accept licensing by | ||||||
17 | another jurisdiction that it specifically determines to have | ||||||
18 | similar licensing requirements as evidence the applicant meets | ||||||
19 | supplier licensing requirements. | ||||||
20 | (c) An applicant for a supplier license shall demonstrate | ||||||
21 | that the equipment, system, or services that the applicant | ||||||
22 | plans to offer to the sports wagering licensee conforms to | ||||||
23 | standards established by the Board and applicable State law. | ||||||
24 | The Board may accept approval by another jurisdiction that it | ||||||
25 | specifically determines have similar equipment standards as |
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1 | evidence the applicant meets the standards established by the | ||||||
2 | Board and applicable State law. | ||||||
3 | (d) Applicants shall pay to the Board a nonrefundable | ||||||
4 | license and application fee in the amount of $100,000. After | ||||||
5 | the initial one-year term, the Board shall renew supplier | ||||||
6 | licenses annually thereafter. Renewal of a supplier license | ||||||
7 | shall be granted to a renewal applicant who has continued to | ||||||
8 | comply with all applicable statutory and regulatory | ||||||
9 | requirements, upon submission of the Board-issued renewal form | ||||||
10 | and payment of a $100,000 renewal fee. | ||||||
11 | (e) A supplier shall submit to the Board a list of all | ||||||
12 | sports wagering equipment and services sold, delivered to, or | ||||||
13 | offered to a sports wagering licensee in this State, as | ||||||
14 | required by the Board, all of which must be tested and approved | ||||||
15 | by an independent testing laboratory approved by the Board. A | ||||||
16 | sports wagering licensee may continue to use supplies acquired | ||||||
17 | from a licensed supplier, even if a supplier's supplier license | ||||||
18 | expires or is otherwise canceled, unless the Board finds a | ||||||
19 | defect in the supplies. | ||||||
20 | (e) An applicant for a supplier license that holds a valid | ||||||
21 | license to supply sports wagering equipment or services in | ||||||
22 | another United States jurisdiction shall be issued a | ||||||
23 | provisional license to supply sports wagering equipment or | ||||||
24 | services in the State until issued a supplier license by the | ||||||
25 | Board and may begin supplying sports wagering equipment or | ||||||
26 | services on the operative date.
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1 | Section 45. Occupational license. | ||||||
2 | (a) All persons employed to be engaged directly in sports | ||||||
3 | wagering-related activities, or otherwise conducting or | ||||||
4 | operating sports wagering, shall be licensed by the Board and | ||||||
5 | maintain a valid occupational license at all times, and the | ||||||
6 | Board shall issue the license to be employed in the operation | ||||||
7 | of sports wagering to a person who meets the requirements of | ||||||
8 | this Section. | ||||||
9 | (b) An occupational license to be employed by a gaming | ||||||
10 | facility authorized to conduct sports wagering permits the | ||||||
11 | licensee to be employed in the capacity designated by the Board | ||||||
12 | while the license is still active. The Board may establish, by | ||||||
13 | rule, job classifications with different requirements to | ||||||
14 | recognize the extent to which a particular job has the ability | ||||||
15 | to impact the proper operation of sports wagering. | ||||||
16 | (c) Applicants shall submit any required application forms | ||||||
17 | established by the Board and pay a nonrefundable application | ||||||
18 | fee of $100. The fee may be paid on behalf of an applicant by | ||||||
19 | the employer. | ||||||
20 | (d) Each licensed employee shall pay to the Board an annual | ||||||
21 | license fee of $100 by June 30 of each year. The fee may be paid | ||||||
22 | on behalf of the licensed employee by the employer. In addition | ||||||
23 | to a renewal fee, each licensed employee shall annually submit | ||||||
24 | a renewal application on the form required by the Board. | ||||||
25 | (e) An applicant for an occupational license that holds a |
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1 | valid license to be employed to work in a designated gaming | ||||||
2 | area that has sports wagering or performs duties in furtherance | ||||||
3 | of or associated with the operation of sports wagering in | ||||||
4 | another United States jurisdiction shall be issued a | ||||||
5 | provisional license to be employed to work in a designated | ||||||
6 | gaming area that has sports wagering or performs duties in | ||||||
7 | furtherance of or associated with the operation of sports | ||||||
8 | wagering in the State until issued an occupational license by | ||||||
9 | the Board and may begin employment in a designated gaming area | ||||||
10 | that has sports wagering or performing duties in furtherance of | ||||||
11 | or associated with the operation of sports wagering on the | ||||||
12 | operative date.
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13 | Section 50. Authorization of sports wagering. | ||||||
14 | (a) A person placing a wager with a sports wagering | ||||||
15 | operator shall be at least 21 years of age. | ||||||
16 | (b) A patron must deposit funds into and withdraw funds | ||||||
17 | from a sports wagering account within a gaming facility.
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18 | Section 55. Compulsive gambling. Each sports wagering | ||||||
19 | operator shall include a statement regarding obtaining | ||||||
20 | assistance with gambling problems, the text of which shall be | ||||||
21 | determined by rule by the Department of Human Services, on the | ||||||
22 | sports wagering operator's portal, Internet website, or | ||||||
23 | computer or mobile application or app.
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1 | Section 60. Sports wagering revenues; Sports Wagering | ||||||
2 | Fund. | ||||||
3 | (a) For the privilege of holding a license to operate | ||||||
4 | sports wagering under this Act, this State shall impose and | ||||||
5 | collect 15% of the sports wagering licensee's adjusted gross | ||||||
6 | sports wagering receipts from sports wagering conducted within | ||||||
7 | a gaming facility and 20% of the sports wagering licensee's | ||||||
8 | adjusted gross sports wagering receipts from sports wagering | ||||||
9 | conducted online. The accrual method of accounting shall be | ||||||
10 | used for purposes of calculating the amount of the tax owed by | ||||||
11 | the licensee. | ||||||
12 | (b) The taxes levied and collected pursuant to subsection | ||||||
13 | (a) are due and payable to the Board no later than the last day | ||||||
14 | of the month following the calendar month in which the adjusted | ||||||
15 | gross sports wagering receipts were received and the tax | ||||||
16 | obligation was accrued. | ||||||
17 | (c) The Sports Wagering Fund is hereby created as a special | ||||||
18 | fund in the State treasury and all moneys collected under this | ||||||
19 | Act by the Board shall be deposited into the Sports Wagering | ||||||
20 | Fund and then transferred in equal amounts to the State | ||||||
21 | Construction Account Fund, the Pension Stabilization Fund, and | ||||||
22 | the Common School Fund.
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23 | Section 90. The Illinois Administrative Procedure Act is | ||||||
24 | amended by changing Section 5-45 as follows:
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1 | (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45) | ||||||
2 | Sec. 5-45. Emergency rulemaking. | ||||||
3 | (a) "Emergency" means the existence of any situation that | ||||||
4 | any agency
finds reasonably constitutes a threat to the public | ||||||
5 | interest, safety, or
welfare. | ||||||
6 | (b) If any agency finds that an
emergency exists that | ||||||
7 | requires adoption of a rule upon fewer days than
is required by | ||||||
8 | Section 5-40 and states in writing its reasons for that
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9 | finding, the agency may adopt an emergency rule without prior | ||||||
10 | notice or
hearing upon filing a notice of emergency rulemaking | ||||||
11 | with the Secretary of
State under Section 5-70. The notice | ||||||
12 | shall include the text of the
emergency rule and shall be | ||||||
13 | published in the Illinois Register. Consent
orders or other | ||||||
14 | court orders adopting settlements negotiated by an agency
may | ||||||
15 | be adopted under this Section. Subject to applicable | ||||||
16 | constitutional or
statutory provisions, an emergency rule | ||||||
17 | becomes effective immediately upon
filing under Section 5-65 or | ||||||
18 | at a stated date less than 10 days
thereafter. The agency's | ||||||
19 | finding and a statement of the specific reasons
for the finding | ||||||
20 | shall be filed with the rule. The agency shall take
reasonable | ||||||
21 | and appropriate measures to make emergency rules known to the
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22 | persons who may be affected by them. | ||||||
23 | (c) An emergency rule may be effective for a period of not | ||||||
24 | longer than
150 days, but the agency's authority to adopt an | ||||||
25 | identical rule under Section
5-40 is not precluded. No | ||||||
26 | emergency rule may be adopted more
than once in any 24-month |
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1 | period, except that this limitation on the number
of emergency | ||||||
2 | rules that may be adopted in a 24-month period does not apply
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3 | to (i) emergency rules that make additions to and deletions | ||||||
4 | from the Drug
Manual under Section 5-5.16 of the Illinois | ||||||
5 | Public Aid Code or the
generic drug formulary under Section | ||||||
6 | 3.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) | ||||||
7 | emergency rules adopted by the Pollution Control
Board before | ||||||
8 | July 1, 1997 to implement portions of the Livestock Management
| ||||||
9 | Facilities Act, (iii) emergency rules adopted by the Illinois | ||||||
10 | Department of Public Health under subsections (a) through (i) | ||||||
11 | of Section 2 of the Department of Public Health Act when | ||||||
12 | necessary to protect the public's health, (iv) emergency rules | ||||||
13 | adopted pursuant to subsection (n) of this Section, (v) | ||||||
14 | emergency rules adopted pursuant to subsection (o) of this | ||||||
15 | Section, or (vi) emergency rules adopted pursuant to subsection | ||||||
16 | (c-5) of this Section. Two or more emergency rules having | ||||||
17 | substantially the same
purpose and effect shall be deemed to be | ||||||
18 | a single rule for purposes of this
Section. | ||||||
19 | (c-5) To facilitate the maintenance of the program of group | ||||||
20 | health benefits provided to annuitants, survivors, and retired | ||||||
21 | employees under the State Employees Group Insurance Act of | ||||||
22 | 1971, rules to alter the contributions to be paid by the State, | ||||||
23 | annuitants, survivors, retired employees, or any combination | ||||||
24 | of those entities, for that program of group health benefits, | ||||||
25 | shall be adopted as emergency rules. The adoption of those | ||||||
26 | rules shall be considered an emergency and necessary for the |
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1 | public interest, safety, and welfare. | ||||||
2 | (d) In order to provide for the expeditious and timely | ||||||
3 | implementation
of the State's fiscal year 1999 budget, | ||||||
4 | emergency rules to implement any
provision of Public Act 90-587 | ||||||
5 | or 90-588
or any other budget initiative for fiscal year 1999 | ||||||
6 | may be adopted in
accordance with this Section by the agency | ||||||
7 | charged with administering that
provision or initiative, | ||||||
8 | except that the 24-month limitation on the adoption
of | ||||||
9 | emergency rules and the provisions of Sections 5-115 and 5-125 | ||||||
10 | do not apply
to rules adopted under this subsection (d). The | ||||||
11 | adoption of emergency rules
authorized by this subsection (d) | ||||||
12 | shall be deemed to be necessary for the
public interest, | ||||||
13 | safety, and welfare. | ||||||
14 | (e) In order to provide for the expeditious and timely | ||||||
15 | implementation
of the State's fiscal year 2000 budget, | ||||||
16 | emergency rules to implement any
provision of Public Act 91-24
| ||||||
17 | or any other budget initiative for fiscal year 2000 may be | ||||||
18 | adopted in
accordance with this Section by the agency charged | ||||||
19 | with administering that
provision or initiative, except that | ||||||
20 | the 24-month limitation on the adoption
of emergency rules and | ||||||
21 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
22 | rules adopted under this subsection (e). The adoption of | ||||||
23 | emergency rules
authorized by this subsection (e) shall be | ||||||
24 | deemed to be necessary for the
public interest, safety, and | ||||||
25 | welfare. | ||||||
26 | (f) In order to provide for the expeditious and timely |
| |||||||
| |||||||
1 | implementation
of the State's fiscal year 2001 budget, | ||||||
2 | emergency rules to implement any
provision of Public Act 91-712
| ||||||
3 | or any other budget initiative for fiscal year 2001 may be | ||||||
4 | adopted in
accordance with this Section by the agency charged | ||||||
5 | with administering that
provision or initiative, except that | ||||||
6 | the 24-month limitation on the adoption
of emergency rules and | ||||||
7 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
8 | rules adopted under this subsection (f). The adoption of | ||||||
9 | emergency rules
authorized by this subsection (f) shall be | ||||||
10 | deemed to be necessary for the
public interest, safety, and | ||||||
11 | welfare. | ||||||
12 | (g) In order to provide for the expeditious and timely | ||||||
13 | implementation
of the State's fiscal year 2002 budget, | ||||||
14 | emergency rules to implement any
provision of Public Act 92-10
| ||||||
15 | or any other budget initiative for fiscal year 2002 may be | ||||||
16 | adopted in
accordance with this Section by the agency charged | ||||||
17 | with administering that
provision or initiative, except that | ||||||
18 | the 24-month limitation on the adoption
of emergency rules and | ||||||
19 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
20 | rules adopted under this subsection (g). The adoption of | ||||||
21 | emergency rules
authorized by this subsection (g) shall be | ||||||
22 | deemed to be necessary for the
public interest, safety, and | ||||||
23 | welfare. | ||||||
24 | (h) In order to provide for the expeditious and timely | ||||||
25 | implementation
of the State's fiscal year 2003 budget, | ||||||
26 | emergency rules to implement any
provision of Public Act 92-597
|
| |||||||
| |||||||
1 | or any other budget initiative for fiscal year 2003 may be | ||||||
2 | adopted in
accordance with this Section by the agency charged | ||||||
3 | with administering that
provision or initiative, except that | ||||||
4 | the 24-month limitation on the adoption
of emergency rules and | ||||||
5 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
6 | rules adopted under this subsection (h). The adoption of | ||||||
7 | emergency rules
authorized by this subsection (h) shall be | ||||||
8 | deemed to be necessary for the
public interest, safety, and | ||||||
9 | welfare. | ||||||
10 | (i) In order to provide for the expeditious and timely | ||||||
11 | implementation
of the State's fiscal year 2004 budget, | ||||||
12 | emergency rules to implement any
provision of Public Act 93-20
| ||||||
13 | or any other budget initiative for fiscal year 2004 may be | ||||||
14 | adopted in
accordance with this Section by the agency charged | ||||||
15 | with administering that
provision or initiative, except that | ||||||
16 | the 24-month limitation on the adoption
of emergency rules and | ||||||
17 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
18 | rules adopted under this subsection (i). The adoption of | ||||||
19 | emergency rules
authorized by this subsection (i) shall be | ||||||
20 | deemed to be necessary for the
public interest, safety, and | ||||||
21 | welfare. | ||||||
22 | (j) In order to provide for the expeditious and timely | ||||||
23 | implementation of the provisions of the State's fiscal year | ||||||
24 | 2005 budget as provided under the Fiscal Year 2005 Budget | ||||||
25 | Implementation (Human Services) Act, emergency rules to | ||||||
26 | implement any provision of the Fiscal Year 2005 Budget |
| |||||||
| |||||||
1 | Implementation (Human Services) Act may be adopted in | ||||||
2 | accordance with this Section by the agency charged with | ||||||
3 | administering that provision, except that the 24-month | ||||||
4 | limitation on the adoption of emergency rules and the | ||||||
5 | provisions of Sections 5-115 and 5-125 do not apply to rules | ||||||
6 | adopted under this subsection (j). The Department of Public Aid | ||||||
7 | may also adopt rules under this subsection (j) necessary to | ||||||
8 | administer the Illinois Public Aid Code and the Children's | ||||||
9 | Health Insurance Program Act. The adoption of emergency rules | ||||||
10 | authorized by this subsection (j) shall be deemed to be | ||||||
11 | necessary for the public interest, safety, and welfare.
| ||||||
12 | (k) In order to provide for the expeditious and timely | ||||||
13 | implementation of the provisions of the State's fiscal year | ||||||
14 | 2006 budget, emergency rules to implement any provision of | ||||||
15 | Public Act 94-48 or any other budget initiative for fiscal year | ||||||
16 | 2006 may be adopted in accordance with this Section by the | ||||||
17 | agency charged with administering that provision or | ||||||
18 | initiative, except that the 24-month limitation on the adoption | ||||||
19 | of emergency rules and the provisions of Sections 5-115 and | ||||||
20 | 5-125 do not apply to rules adopted under this subsection (k). | ||||||
21 | The Department of Healthcare and Family Services may also adopt | ||||||
22 | rules under this subsection (k) necessary to administer the | ||||||
23 | Illinois Public Aid Code, the Senior Citizens and Persons with | ||||||
24 | Disabilities Property Tax Relief Act, the Senior Citizens and | ||||||
25 | Disabled Persons Prescription Drug Discount Program Act (now | ||||||
26 | the Illinois Prescription Drug Discount Program Act), and the |
| |||||||
| |||||||
1 | Children's Health Insurance Program Act. The adoption of | ||||||
2 | emergency rules authorized by this subsection (k) shall be | ||||||
3 | deemed to be necessary for the public interest, safety, and | ||||||
4 | welfare.
| ||||||
5 | (l) In order to provide for the expeditious and timely | ||||||
6 | implementation of the provisions of the
State's fiscal year | ||||||
7 | 2007 budget, the Department of Healthcare and Family Services | ||||||
8 | may adopt emergency rules during fiscal year 2007, including | ||||||
9 | rules effective July 1, 2007, in
accordance with this | ||||||
10 | subsection to the extent necessary to administer the | ||||||
11 | Department's responsibilities with respect to amendments to | ||||||
12 | the State plans and Illinois waivers approved by the federal | ||||||
13 | Centers for Medicare and Medicaid Services necessitated by the | ||||||
14 | requirements of Title XIX and Title XXI of the federal Social | ||||||
15 | Security Act. The adoption of emergency rules
authorized by | ||||||
16 | this subsection (l) shall be deemed to be necessary for the | ||||||
17 | public interest,
safety, and welfare.
| ||||||
18 | (m) In order to provide for the expeditious and timely | ||||||
19 | implementation of the provisions of the
State's fiscal year | ||||||
20 | 2008 budget, the Department of Healthcare and Family Services | ||||||
21 | may adopt emergency rules during fiscal year 2008, including | ||||||
22 | rules effective July 1, 2008, in
accordance with this | ||||||
23 | subsection to the extent necessary to administer the | ||||||
24 | Department's responsibilities with respect to amendments to | ||||||
25 | the State plans and Illinois waivers approved by the federal | ||||||
26 | Centers for Medicare and Medicaid Services necessitated by the |
| |||||||
| |||||||
1 | requirements of Title XIX and Title XXI of the federal Social | ||||||
2 | Security Act. The adoption of emergency rules
authorized by | ||||||
3 | this subsection (m) shall be deemed to be necessary for the | ||||||
4 | public interest,
safety, and welfare.
| ||||||
5 | (n) In order to provide for the expeditious and timely | ||||||
6 | implementation of the provisions of the State's fiscal year | ||||||
7 | 2010 budget, emergency rules to implement any provision of | ||||||
8 | Public Act 96-45 or any other budget initiative authorized by | ||||||
9 | the 96th General Assembly for fiscal year 2010 may be adopted | ||||||
10 | in accordance with this Section by the agency charged with | ||||||
11 | administering that provision or initiative. The adoption of | ||||||
12 | emergency rules authorized by this subsection (n) shall be | ||||||
13 | deemed to be necessary for the public interest, safety, and | ||||||
14 | welfare. The rulemaking authority granted in this subsection | ||||||
15 | (n) shall apply only to rules promulgated during Fiscal Year | ||||||
16 | 2010. | ||||||
17 | (o) In order to provide for the expeditious and timely | ||||||
18 | implementation of the provisions of the State's fiscal year | ||||||
19 | 2011 budget, emergency rules to implement any provision of | ||||||
20 | Public Act 96-958 or any other budget initiative authorized by | ||||||
21 | the 96th General Assembly for fiscal year 2011 may be adopted | ||||||
22 | in accordance with this Section by the agency charged with | ||||||
23 | administering that provision or initiative. The adoption of | ||||||
24 | emergency rules authorized by this subsection (o) is deemed to | ||||||
25 | be necessary for the public interest, safety, and welfare. The | ||||||
26 | rulemaking authority granted in this subsection (o) applies |
| |||||||
| |||||||
1 | only to rules promulgated on or after July 1, 2010 (the | ||||||
2 | effective date of Public Act 96-958) through June 30, 2011. | ||||||
3 | (p) In order to provide for the expeditious and timely | ||||||
4 | implementation of the provisions of Public Act 97-689, | ||||||
5 | emergency rules to implement any provision of Public Act 97-689 | ||||||
6 | may be adopted in accordance with this subsection (p) by the | ||||||
7 | agency charged with administering that provision or | ||||||
8 | initiative. The 150-day limitation of the effective period of | ||||||
9 | emergency rules does not apply to rules adopted under this | ||||||
10 | subsection (p), and the effective period may continue through | ||||||
11 | June 30, 2013. The 24-month limitation on the adoption of | ||||||
12 | emergency rules does not apply to rules adopted under this | ||||||
13 | subsection (p). The adoption of emergency rules authorized by | ||||||
14 | this subsection (p) is deemed to be necessary for the public | ||||||
15 | interest, safety, and welfare. | ||||||
16 | (q) In order to provide for the expeditious and timely | ||||||
17 | implementation of the provisions of Articles 7, 8, 9, 11, and | ||||||
18 | 12 of Public Act 98-104, emergency rules to implement any | ||||||
19 | provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104 | ||||||
20 | may be adopted in accordance with this subsection (q) by the | ||||||
21 | agency charged with administering that provision or | ||||||
22 | initiative. The 24-month limitation on the adoption of | ||||||
23 | emergency rules does not apply to rules adopted under this | ||||||
24 | subsection (q). The adoption of emergency rules authorized by | ||||||
25 | this subsection (q) is deemed to be necessary for the public | ||||||
26 | interest, safety, and welfare. |
| |||||||
| |||||||
1 | (r) In order to provide for the expeditious and timely | ||||||
2 | implementation of the provisions of Public Act 98-651, | ||||||
3 | emergency rules to implement Public Act 98-651 may be adopted | ||||||
4 | in accordance with this subsection (r) by the Department of | ||||||
5 | Healthcare and Family Services. The 24-month limitation on the | ||||||
6 | adoption of emergency rules does not apply to rules adopted | ||||||
7 | under this subsection (r). The adoption of emergency rules | ||||||
8 | authorized by this subsection (r) is deemed to be necessary for | ||||||
9 | the public interest, safety, and welfare. | ||||||
10 | (s) In order to provide for the expeditious and timely | ||||||
11 | implementation of the provisions of Sections 5-5b.1 and 5A-2 of | ||||||
12 | the Illinois Public Aid Code, emergency rules to implement any | ||||||
13 | provision of Section 5-5b.1 or Section 5A-2 of the Illinois | ||||||
14 | Public Aid Code may be adopted in accordance with this | ||||||
15 | subsection (s) by the Department of Healthcare and Family | ||||||
16 | Services. The rulemaking authority granted in this subsection | ||||||
17 | (s) shall apply only to those rules adopted prior to July 1, | ||||||
18 | 2015. Notwithstanding any other provision of this Section, any | ||||||
19 | emergency rule adopted under this subsection (s) shall only | ||||||
20 | apply to payments made for State fiscal year 2015. The adoption | ||||||
21 | of emergency rules authorized by this subsection (s) is deemed | ||||||
22 | to be necessary for the public interest, safety, and welfare. | ||||||
23 | (t) In order to provide for the expeditious and timely | ||||||
24 | implementation of the provisions of Article II of Public Act | ||||||
25 | 99-6, emergency rules to implement the changes made by Article | ||||||
26 | II of Public Act 99-6 to the Emergency Telephone System Act may |
| |||||||
| |||||||
1 | be adopted in accordance with this subsection (t) by the | ||||||
2 | Department of State Police. The rulemaking authority granted in | ||||||
3 | this subsection (t) shall apply only to those rules adopted | ||||||
4 | prior to July 1, 2016. The 24-month limitation on the adoption | ||||||
5 | of emergency rules does not apply to rules adopted under this | ||||||
6 | subsection (t). The adoption of emergency rules authorized by | ||||||
7 | this subsection (t) is deemed to be necessary for the public | ||||||
8 | interest, safety, and welfare. | ||||||
9 | (u) In order to provide for the expeditious and timely | ||||||
10 | implementation of the provisions of the Burn Victims Relief | ||||||
11 | Act, emergency rules to implement any provision of the Act may | ||||||
12 | be adopted in accordance with this subsection (u) by the | ||||||
13 | Department of Insurance. The rulemaking authority granted in | ||||||
14 | this subsection (u) shall apply only to those rules adopted | ||||||
15 | prior to December 31, 2015. The adoption of emergency rules | ||||||
16 | authorized by this subsection (u) is deemed to be necessary for | ||||||
17 | the public interest, safety, and welfare. | ||||||
18 | (v) In order to provide for the expeditious and timely | ||||||
19 | implementation of the provisions of Public Act 99-516, | ||||||
20 | emergency rules to implement Public Act 99-516 may be adopted | ||||||
21 | in accordance with this subsection (v) by the Department of | ||||||
22 | Healthcare and Family Services. The 24-month limitation on the | ||||||
23 | adoption of emergency rules does not apply to rules adopted | ||||||
24 | under this subsection (v). The adoption of emergency rules | ||||||
25 | authorized by this subsection (v) is deemed to be necessary for | ||||||
26 | the public interest, safety, and welfare. |
| |||||||
| |||||||
1 | (w) In order to provide for the expeditious and timely | ||||||
2 | implementation of the provisions of Public Act 99-796, | ||||||
3 | emergency rules to implement the changes made by Public Act | ||||||
4 | 99-796 may be adopted in accordance with this subsection (w) by | ||||||
5 | the Adjutant General. The adoption of emergency rules | ||||||
6 | authorized by this subsection (w) is deemed to be necessary for | ||||||
7 | the public interest, safety, and welfare. | ||||||
8 | (x) In order to provide for the expeditious and timely | ||||||
9 | implementation of the provisions of Public Act 99-906, | ||||||
10 | emergency rules to implement subsection (i) of Section 16-115D, | ||||||
11 | subsection (g) of Section 16-128A, and subsection (a) of | ||||||
12 | Section 16-128B of the Public Utilities Act may be adopted in | ||||||
13 | accordance with this subsection (x) by the Illinois Commerce | ||||||
14 | Commission. The rulemaking authority granted in this | ||||||
15 | subsection (x) shall apply only to those rules adopted within | ||||||
16 | 180 days after June 1, 2017 (the effective date of Public Act | ||||||
17 | 99-906). The adoption of emergency rules authorized by this | ||||||
18 | subsection (x) is deemed to be necessary for the public | ||||||
19 | interest, safety, and welfare. | ||||||
20 | (y) In order to provide for the expeditious and timely | ||||||
21 | implementation of the provisions of Public Act 100-23, | ||||||
22 | emergency rules to implement the changes made by Public Act | ||||||
23 | 100-23 to Section 4.02 of the Illinois Act on the Aging, | ||||||
24 | Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code, | ||||||
25 | Section 55-30 of the Alcoholism and Other Drug Abuse and | ||||||
26 | Dependency Act, and Sections 74 and 75 of the Mental Health and |
| |||||||
| |||||||
1 | Developmental Disabilities Administrative Act may be adopted | ||||||
2 | in accordance with this subsection (y) by the respective | ||||||
3 | Department. The adoption of emergency rules authorized by this | ||||||
4 | subsection (y) is deemed to be necessary for the public | ||||||
5 | interest, safety, and welfare. | ||||||
6 | (z) In order to provide for the expeditious and timely | ||||||
7 | implementation of the provisions of Public Act 100-554, | ||||||
8 | emergency rules to implement the changes made by Public Act | ||||||
9 | 100-554 to Section 4.7 of the Lobbyist Registration Act may be | ||||||
10 | adopted in accordance with this subsection (z) by the Secretary | ||||||
11 | of State. The adoption of emergency rules authorized by this | ||||||
12 | subsection (z) is deemed to be necessary for the public | ||||||
13 | interest, safety, and welfare. | ||||||
14 | (aa) In order to provide for the expeditious and timely | ||||||
15 | initial implementation of the changes made to Articles 5, 5A, | ||||||
16 | 12, and 14 of the Illinois Public Aid Code under the provisions | ||||||
17 | of Public Act 100-581, the Department of Healthcare and Family | ||||||
18 | Services may adopt emergency rules in accordance with this | ||||||
19 | subsection (aa). The 24-month limitation on the adoption of | ||||||
20 | emergency rules does not apply to rules to initially implement | ||||||
21 | the changes made to Articles 5, 5A, 12, and 14 of the Illinois | ||||||
22 | Public Aid Code adopted under this subsection (aa). The | ||||||
23 | adoption of emergency rules authorized by this subsection (aa) | ||||||
24 | is deemed to be necessary for the public interest, safety, and | ||||||
25 | welfare. | ||||||
26 | (bb) In order to provide for the expeditious and timely |
| |||||||
| |||||||
1 | implementation of the provisions of Public Act 100-587, | ||||||
2 | emergency rules to implement the changes made by Public Act | ||||||
3 | 100-587 to Section 4.02 of the Illinois Act on the Aging, | ||||||
4 | Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code, | ||||||
5 | subsection (b) of Section 55-30 of the Alcoholism and Other | ||||||
6 | Drug Abuse and Dependency Act, Section 5-104 of the Specialized | ||||||
7 | Mental Health Rehabilitation Act of 2013, and Section 75 and | ||||||
8 | subsection (b) of Section 74 of the Mental Health and | ||||||
9 | Developmental Disabilities Administrative Act may be adopted | ||||||
10 | in accordance with this subsection (bb) by the respective | ||||||
11 | Department. The adoption of emergency rules authorized by this | ||||||
12 | subsection (bb) is deemed to be necessary for the public | ||||||
13 | interest, safety, and welfare. | ||||||
14 | (cc) In order to provide for the expeditious and timely | ||||||
15 | implementation of the provisions of Public Act 100-587, | ||||||
16 | emergency rules may be adopted in accordance with this | ||||||
17 | subsection (cc) to implement the changes made by Public Act | ||||||
18 | 100-587 to: Sections 14-147.5 and 14-147.6 of the Illinois | ||||||
19 | Pension Code by the Board created under Article 14 of the Code; | ||||||
20 | Sections 15-185.5 and 15-185.6 of the Illinois Pension Code by | ||||||
21 | the Board created under Article 15 of the Code; and Sections | ||||||
22 | 16-190.5 and 16-190.6 of the Illinois Pension Code by the Board | ||||||
23 | created under Article 16 of the Code. The adoption of emergency | ||||||
24 | rules authorized by this subsection (cc) is deemed to be | ||||||
25 | necessary for the public interest, safety, and welfare. | ||||||
26 | (dd) In order to provide for the expeditious and timely |
| |||||||
| |||||||
1 | implementation of the provisions of Public Act 100-864, | ||||||
2 | emergency rules to implement the changes made by Public Act | ||||||
3 | 100-864 to Section 3.35 of the Newborn Metabolic Screening Act | ||||||
4 | may be adopted in accordance with this subsection (dd) by the | ||||||
5 | Secretary of State. The adoption of emergency rules authorized | ||||||
6 | by this subsection (dd) is deemed to be necessary for the | ||||||
7 | public interest, safety, and welfare. | ||||||
8 | (ee) In order to provide for the expeditious and timely | ||||||
9 | implementation of the provisions of this amendatory Act of the | ||||||
10 | 100th General Assembly, emergency rules implementing the | ||||||
11 | Illinois Underground Natural Gas Storage Safety Act may be | ||||||
12 | adopted in accordance with this subsection by the Department of | ||||||
13 | Natural Resources. The adoption of emergency rules authorized | ||||||
14 | by this subsection is deemed to be necessary for the public | ||||||
15 | interest, safety, and welfare. | ||||||
16 | (ff) In order to provide for the expeditious and timely | ||||||
17 | implementation of the provisions of this amendatory Act of the | ||||||
18 | 101st General Assembly, emergency rules may be adopted by the | ||||||
19 | Department of Labor in accordance with this subsection (ff) to | ||||||
20 | implement the changes made by this amendatory Act of the 101st | ||||||
21 | General Assembly to the Minimum Wage Law. The adoption of | ||||||
22 | emergency rules authorized by this subsection (ff) is deemed to | ||||||
23 | be necessary for the public interest, safety, and welfare. | ||||||
24 | (gg) In order to provide for the expeditious and timely | ||||||
25 | implementation of the Sports Wagering Act, emergency rules to | ||||||
26 | implement the Sports Wagering Act may be adopted in accordance |
| |||||||
| |||||||
1 | with this subsection (gg) by the Illinois Gaming Board. The | ||||||
2 | adoption of emergency rules authorized by this subsection (gg) | ||||||
3 | is deemed to be necessary for the public interest, safety, and | ||||||
4 | welfare. | ||||||
5 | (Source: P.A. 100-23, eff. 7-6-17; 100-554, eff. 11-16-17; | ||||||
6 | 100-581, eff. 3-12-18; 100-587, Article 95, Section 95-5, eff. | ||||||
7 | 6-4-18; 100-587, Article 110, Section 110-5, eff. 6-4-18; | ||||||
8 | 100-864, eff. 8-14-18; 100-1172, eff. 1-4-19; 101-1, eff. | ||||||
9 | 2-19-19.)
| ||||||
10 | Section 93. The State Finance Act is amended by adding | ||||||
11 | Section 5.891 as follows:
| ||||||
12 | (30 ILCS 105/5.891 new) | ||||||
13 | Sec. 5.891. The Sports Wagering Fund.
| ||||||
14 | Section 95. The Criminal Code of 2012 is amended by | ||||||
15 | changing Sections 28-1, 28-3, and 28-5 as follows:
| ||||||
16 | (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
| ||||||
17 | Sec. 28-1. Gambling.
| ||||||
18 | (a) A person commits gambling when he or she:
| ||||||
19 | (1) knowingly plays a game of chance or skill for money | ||||||
20 | or other thing of
value, unless excepted in subsection (b) | ||||||
21 | of this Section;
| ||||||
22 | (2) knowingly makes a wager upon the result of any |
| |||||||
| |||||||
1 | game, contest, or any
political nomination, appointment or | ||||||
2 | election;
| ||||||
3 | (3) knowingly operates, keeps, owns, uses, purchases, | ||||||
4 | exhibits, rents, sells,
bargains for the sale or lease of, | ||||||
5 | manufactures or distributes any
gambling device;
| ||||||
6 | (4) contracts to have or give himself or herself or | ||||||
7 | another the option to buy
or sell, or contracts to buy or | ||||||
8 | sell, at a future time, any grain or
other commodity | ||||||
9 | whatsoever, or any stock or security of any company,
where | ||||||
10 | it is at the time of making such contract intended by both | ||||||
11 | parties
thereto that the contract to buy or sell, or the | ||||||
12 | option, whenever
exercised, or the contract resulting | ||||||
13 | therefrom, shall be settled, not by
the receipt or delivery | ||||||
14 | of such property, but by the payment only of
differences in | ||||||
15 | prices thereof; however, the issuance, purchase, sale,
| ||||||
16 | exercise, endorsement or guarantee, by or through a person | ||||||
17 | registered
with the Secretary of State pursuant to Section | ||||||
18 | 8 of the Illinois
Securities Law of 1953, or by or through | ||||||
19 | a person exempt from such
registration under said Section | ||||||
20 | 8, of a put, call, or other option to
buy or sell | ||||||
21 | securities which have been registered with the Secretary of
| ||||||
22 | State or which are exempt from such registration under | ||||||
23 | Section 3 of the
Illinois Securities Law of 1953 is not | ||||||
24 | gambling within the meaning of
this paragraph (4);
| ||||||
25 | (5) knowingly owns or possesses any book, instrument or | ||||||
26 | apparatus by
means of which bets or wagers have been, or |
| |||||||
| |||||||
1 | are, recorded or registered,
or knowingly possesses any | ||||||
2 | money which he has received in the course of
a bet or | ||||||
3 | wager;
| ||||||
4 | (6) knowingly sells pools upon the result of any game | ||||||
5 | or contest of skill or
chance, political nomination, | ||||||
6 | appointment or election;
| ||||||
7 | (7) knowingly sets up or promotes any lottery or sells, | ||||||
8 | offers to sell or
transfers any ticket or share for any | ||||||
9 | lottery;
| ||||||
10 | (8) knowingly sets up or promotes any policy game or | ||||||
11 | sells, offers to sell or
knowingly possesses or transfers | ||||||
12 | any policy ticket, slip, record,
document or other similar | ||||||
13 | device;
| ||||||
14 | (9) knowingly drafts, prints or publishes any lottery | ||||||
15 | ticket or share,
or any policy ticket, slip, record, | ||||||
16 | document or similar device, except for
such activity | ||||||
17 | related to lotteries, bingo games and raffles authorized by
| ||||||
18 | and conducted in accordance with the laws of Illinois or | ||||||
19 | any other state or
foreign government;
| ||||||
20 | (10) knowingly advertises any lottery or policy game, | ||||||
21 | except for such
activity related to lotteries, bingo games | ||||||
22 | and raffles authorized by and
conducted in accordance with | ||||||
23 | the laws of Illinois or any other state;
| ||||||
24 | (11) knowingly transmits information as to wagers, | ||||||
25 | betting odds, or
changes in betting odds by telephone, | ||||||
26 | telegraph, radio, semaphore or
similar means; or knowingly |
| |||||||
| |||||||
1 | installs or maintains equipment for the
transmission or | ||||||
2 | receipt of such information; except that nothing in this
| ||||||
3 | subdivision (11) prohibits transmission or receipt of such | ||||||
4 | information
for use in news reporting of sporting events or | ||||||
5 | contests; or
| ||||||
6 | (12) knowingly establishes, maintains, or operates an | ||||||
7 | Internet site that
permits a person to play a game of
| ||||||
8 | chance or skill for money or other thing of value by means | ||||||
9 | of the Internet or
to make a wager upon the
result of any | ||||||
10 | game, contest, political nomination, appointment, or
| ||||||
11 | election by means of the Internet. This item (12) does not | ||||||
12 | apply to activities referenced in items (6) , and (6.1) , and | ||||||
13 | (15) of subsection (b) of this Section.
| ||||||
14 | (b) Participants in any of the following activities shall | ||||||
15 | not be
convicted of gambling:
| ||||||
16 | (1) Agreements to compensate for loss caused by the | ||||||
17 | happening of
chance including without limitation contracts | ||||||
18 | of indemnity or guaranty
and life or health or accident | ||||||
19 | insurance.
| ||||||
20 | (2) Offers of prizes, award or compensation to the | ||||||
21 | actual
contestants in any bona fide contest for the | ||||||
22 | determination of skill,
speed, strength or endurance or to | ||||||
23 | the owners of animals or vehicles
entered in such contest.
| ||||||
24 | (3) Pari-mutuel betting as authorized by the law of | ||||||
25 | this State.
| ||||||
26 | (4) Manufacture of gambling devices, including the |
| |||||||
| |||||||
1 | acquisition of
essential parts therefor and the assembly | ||||||
2 | thereof, for transportation in
interstate or foreign | ||||||
3 | commerce to any place outside this State when such
| ||||||
4 | transportation is not prohibited by any applicable Federal | ||||||
5 | law; or the
manufacture, distribution, or possession of | ||||||
6 | video gaming terminals, as
defined in the Video Gaming Act, | ||||||
7 | by manufacturers, distributors, and
terminal operators | ||||||
8 | licensed to do so under the Video Gaming Act.
| ||||||
9 | (5) The game commonly known as "bingo", when conducted | ||||||
10 | in accordance
with the Bingo License and Tax Act.
| ||||||
11 | (6) Lotteries when conducted by the State of Illinois | ||||||
12 | in accordance
with the Illinois Lottery Law. This exemption | ||||||
13 | includes any activity conducted by the Department of | ||||||
14 | Revenue to sell lottery tickets pursuant to the provisions | ||||||
15 | of the Illinois Lottery Law and its rules.
| ||||||
16 | (6.1) The purchase of lottery tickets through the | ||||||
17 | Internet for a lottery conducted by the State of Illinois | ||||||
18 | under the program established in Section 7.12 of the | ||||||
19 | Illinois Lottery Law.
| ||||||
20 | (7) Possession of an antique slot machine that is | ||||||
21 | neither used nor
intended to be used in the operation or | ||||||
22 | promotion of any unlawful
gambling activity or enterprise. | ||||||
23 | For the purpose of this subparagraph
(b)(7), an antique | ||||||
24 | slot machine is one manufactured 25 years ago or earlier.
| ||||||
25 | (8) Raffles and poker runs when conducted in accordance | ||||||
26 | with the Raffles and Poker Runs Act.
|
| |||||||
| |||||||
1 | (9) Charitable games when conducted in accordance with | ||||||
2 | the Charitable
Games Act.
| ||||||
3 | (10) Pull tabs and jar games when conducted under the | ||||||
4 | Illinois Pull
Tabs and Jar Games Act.
| ||||||
5 | (11) Gambling games conducted on riverboats when
| ||||||
6 | authorized by the Riverboat Gambling Act.
| ||||||
7 | (12) Video gaming terminal games at a licensed | ||||||
8 | establishment, licensed truck stop establishment,
licensed
| ||||||
9 | fraternal establishment, or licensed veterans | ||||||
10 | establishment when
conducted in accordance with the Video | ||||||
11 | Gaming Act. | ||||||
12 | (13) Games of skill or chance where money or other | ||||||
13 | things of value can be won but no payment or purchase is | ||||||
14 | required to participate. | ||||||
15 | (14) Savings promotion raffles authorized under | ||||||
16 | Section 5g of the Illinois Banking Act, Section 7008 of the | ||||||
17 | Savings Bank Act, Section 42.7 of the Illinois Credit Union | ||||||
18 | Act, Section 5136B of the National Bank Act (12 U.S.C. | ||||||
19 | 25a), or Section 4 of the Home Owners' Loan Act (12 U.S.C. | ||||||
20 | 1463). | ||||||
21 | (15) Sports wagering when conducted in accordance with | ||||||
22 | the Sports Wagering Act. | ||||||
23 | (c) Sentence.
| ||||||
24 | Gambling is a
Class A misdemeanor. A second or
subsequent | ||||||
25 | conviction under subsections (a)(3) through (a)(12),
is a Class | ||||||
26 | 4 felony.
|
| |||||||
| |||||||
1 | (d) Circumstantial evidence.
| ||||||
2 | In prosecutions under
this
Section circumstantial evidence | ||||||
3 | shall have the same validity and weight as
in any criminal | ||||||
4 | prosecution.
| ||||||
5 | (Source: P.A. 98-644, eff. 6-10-14; 99-149, eff. 1-1-16 .)
| ||||||
6 | (720 ILCS 5/28-3)
(from Ch. 38, par. 28-3)
| ||||||
7 | Sec. 28-3. Keeping a Gambling Place. A "gambling place" is | ||||||
8 | any real
estate, vehicle, boat or any other property whatsoever | ||||||
9 | used for the
purposes of gambling other than gambling conducted | ||||||
10 | in the manner authorized
by the Riverboat Gambling Act , the | ||||||
11 | Sports Wagering Act, or the Video Gaming Act. Any person who
| ||||||
12 | knowingly permits any premises
or property owned or occupied by | ||||||
13 | him or under his control to be used as a
gambling place commits | ||||||
14 | a Class A misdemeanor. Each subsequent offense is a
Class 4 | ||||||
15 | felony. When any premises is determined by the circuit court to | ||||||
16 | be
a gambling place:
| ||||||
17 | (a) Such premises is a public nuisance and may be proceeded | ||||||
18 | against as such,
and
| ||||||
19 | (b) All licenses, permits or certificates issued by the | ||||||
20 | State of
Illinois or any subdivision or public agency thereof | ||||||
21 | authorizing the
serving of food or liquor on such premises | ||||||
22 | shall be void; and no license,
permit or certificate so | ||||||
23 | cancelled shall be reissued for such premises for
a period of | ||||||
24 | 60 days thereafter; nor shall any person convicted of keeping a
| ||||||
25 | gambling place be reissued such license
for one year from his |
| |||||||
| |||||||
1 | conviction and, after a second conviction of keeping
a gambling | ||||||
2 | place, any such person shall not be reissued such license, and
| ||||||
3 | (c) Such premises of any person who knowingly permits | ||||||
4 | thereon a
violation of any Section of this Article shall be | ||||||
5 | held liable for, and may
be sold to pay any unsatisfied | ||||||
6 | judgment that may be recovered and any
unsatisfied fine that | ||||||
7 | may be levied under any Section of this Article.
| ||||||
8 | (Source: P.A. 96-34, eff. 7-13-09.)
| ||||||
9 | (720 ILCS 5/28-5) (from Ch. 38, par. 28-5)
| ||||||
10 | Sec. 28-5. Seizure of gambling devices and gambling funds.
| ||||||
11 | (a) Every device designed for gambling which is incapable | ||||||
12 | of lawful use
or every device used unlawfully for gambling | ||||||
13 | shall be considered a
"gambling device", and shall be subject | ||||||
14 | to seizure, confiscation and
destruction by the Department of | ||||||
15 | State Police or by any municipal, or other
local authority, | ||||||
16 | within whose jurisdiction the same may be found. As used
in | ||||||
17 | this Section, a "gambling device" includes any slot machine, | ||||||
18 | and
includes any machine or device constructed for the | ||||||
19 | reception of money or
other thing of value and so constructed | ||||||
20 | as to return, or to cause someone
to return, on chance to the | ||||||
21 | player thereof money, property or a right to
receive money or | ||||||
22 | property. With the exception of any device designed for
| ||||||
23 | gambling which is incapable of lawful use, no gambling device | ||||||
24 | shall be
forfeited or destroyed unless an individual with a | ||||||
25 | property interest in
said device knows of the unlawful use of |
| |||||||
| |||||||
1 | the device.
| ||||||
2 | (b) Every gambling device shall be seized and forfeited to | ||||||
3 | the county
wherein such seizure occurs. Any money or other | ||||||
4 | thing of value integrally
related to acts of gambling shall be | ||||||
5 | seized and forfeited to the county
wherein such seizure occurs.
| ||||||
6 | (c) If, within 60 days after any seizure pursuant to | ||||||
7 | subparagraph
(b) of this Section, a person having any property | ||||||
8 | interest in the seized
property is charged with an offense, the | ||||||
9 | court which renders judgment
upon such charge shall, within 30 | ||||||
10 | days after such judgment, conduct a
forfeiture hearing to | ||||||
11 | determine whether such property was a gambling device
at the | ||||||
12 | time of seizure. Such hearing shall be commenced by a written
| ||||||
13 | petition by the State, including material allegations of fact, | ||||||
14 | the name
and address of every person determined by the State to | ||||||
15 | have any property
interest in the seized property, a | ||||||
16 | representation that written notice of
the date, time and place | ||||||
17 | of such hearing has been mailed to every such
person by | ||||||
18 | certified mail at least 10 days before such date, and a
request | ||||||
19 | for forfeiture. Every such person may appear as a party and
| ||||||
20 | present evidence at such hearing. The quantum of proof required | ||||||
21 | shall
be a preponderance of the evidence, and the burden of | ||||||
22 | proof shall be on
the State. If the court determines that the | ||||||
23 | seized property was
a gambling device at the time of seizure, | ||||||
24 | an order of forfeiture and
disposition of the seized property | ||||||
25 | shall be entered: a gambling device
shall be received by the | ||||||
26 | State's Attorney, who shall effect its
destruction, except that |
| |||||||
| |||||||
1 | valuable parts thereof may be liquidated and
the resultant | ||||||
2 | money shall be deposited in the general fund of the county
| ||||||
3 | wherein such seizure occurred; money and other things of value | ||||||
4 | shall be
received by the State's Attorney and, upon | ||||||
5 | liquidation, shall be
deposited in the general fund of the | ||||||
6 | county wherein such seizure
occurred. However, in the event | ||||||
7 | that a defendant raises the defense
that the seized slot | ||||||
8 | machine is an antique slot machine described in
subparagraph | ||||||
9 | (b) (7) of Section 28-1 of this Code and therefore he is
exempt | ||||||
10 | from the charge of a gambling activity participant, the seized
| ||||||
11 | antique slot machine shall not be destroyed or otherwise | ||||||
12 | altered until a
final determination is made by the Court as to | ||||||
13 | whether it is such an
antique slot machine. Upon a final | ||||||
14 | determination by the Court of this
question in favor of the | ||||||
15 | defendant, such slot machine shall be
immediately returned to | ||||||
16 | the defendant. Such order of forfeiture and
disposition shall, | ||||||
17 | for the purposes of appeal, be a final order and
judgment in a | ||||||
18 | civil proceeding.
| ||||||
19 | (d) If a seizure pursuant to subparagraph (b) of this | ||||||
20 | Section is not
followed by a charge pursuant to subparagraph | ||||||
21 | (c) of this Section, or if
the prosecution of such charge is | ||||||
22 | permanently terminated or indefinitely
discontinued without | ||||||
23 | any judgment of conviction or acquittal (1) the
State's | ||||||
24 | Attorney shall commence an in rem proceeding for the forfeiture
| ||||||
25 | and destruction of a gambling device, or for the forfeiture and | ||||||
26 | deposit
in the general fund of the county of any seized money |
| |||||||
| |||||||
1 | or other things of
value, or both, in the circuit court and (2) | ||||||
2 | any person having any
property interest in such seized gambling | ||||||
3 | device, money or other thing
of value may commence separate | ||||||
4 | civil proceedings in the manner provided
by law.
| ||||||
5 | (e) Any gambling device displayed for sale to a riverboat | ||||||
6 | gambling
operation or used to train occupational licensees of a | ||||||
7 | riverboat gambling
operation as authorized under the Riverboat | ||||||
8 | Gambling Act is exempt from
seizure under this Section.
| ||||||
9 | (f) Any gambling equipment, devices and supplies provided | ||||||
10 | by a licensed
supplier in accordance with the Riverboat | ||||||
11 | Gambling Act which are removed
from the riverboat for repair | ||||||
12 | are exempt from seizure under this Section.
| ||||||
13 | (g) The following video gaming terminals are exempt from | ||||||
14 | seizure under this Section: | ||||||
15 | (1) Video gaming terminals for sale to a licensed | ||||||
16 | distributor or operator under the Video Gaming Act. | ||||||
17 | (2) Video gaming terminals used to train licensed | ||||||
18 | technicians or licensed terminal handlers. | ||||||
19 | (3) Video gaming terminals that are removed from a | ||||||
20 | licensed establishment, licensed truck stop establishment,
| ||||||
21 | licensed
fraternal establishment, or licensed veterans | ||||||
22 | establishment for repair. | ||||||
23 | (h) Property seized or forfeited under this Section is | ||||||
24 | subject to reporting under the Seizure and Forfeiture Reporting | ||||||
25 | Act. | ||||||
26 | (i) Any sports wagering equipment, devices, and supplies |
| |||||||
| |||||||
1 | provided by a licensed supplier that are removed from a gaming | ||||||
2 | facility for repair under the Sports Wagering Act are exempt | ||||||
3 | from seizure under this Section. | ||||||
4 | (Source: P.A. 100-512, eff. 7-1-18 .)
| ||||||
5 | Section 99. Effective date. This Act takes effect upon | ||||||
6 | becoming law.".
|