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_002.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_002.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. Definitions. As used in this Act: | ||||||
7 | "Adjusted gross sports wagering receipts" means a sports | ||||||
8 | wagering licensee's gross sports wagering receipts, less | ||||||
9 | winnings paid to wagerers in such games. | ||||||
10 | "Administrator" means the Administrator of the Illinois | ||||||
11 | Gaming Board, appointed pursuant to Section 5 of the Riverboat | ||||||
12 | Gambling Act. | ||||||
13 | "Board" means the Illinois Gaming Board. | ||||||
14 | "Collegiate sport or athletic event" means a sport or | ||||||
15 | athletic event offered or sponsored by, or played in connection | ||||||
16 | with, a public or private institution that offers educational |
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1 | services beyond the secondary level. | ||||||
2 | "Gaming facility" means a riverboat under the Riverboat | ||||||
3 | Gambling Act or a racetrack or inter-track wagering location | ||||||
4 | under the Illinois Horse Racing Act of 1975. | ||||||
5 | "Government" means any governmental unit of a national, | ||||||
6 | state, or local body exercising governmental functions, other | ||||||
7 | than the United States government. | ||||||
8 | "Gross sports wagering receipts" means the total gross | ||||||
9 | receipts received by a sports wagering licensee from sports | ||||||
10 | wagering. | ||||||
11 | "License" means a license applied for or issued by the | ||||||
12 | Board under this Act, including, but not limited to: | ||||||
13 | (1) a license to conduct sports wagering at a gaming | ||||||
14 | facility (sports wagering license); | ||||||
15 | (2) a license to conduct sports wagering through an | ||||||
16 | online application (online sports wagering license); | ||||||
17 | (3) a license to supply a sports wagering licensee with | ||||||
18 | sports wagering equipment or services necessary for the | ||||||
19 | operation of sports wagering (supplier license); | ||||||
20 | (4) a license to be employed by a sports wagering | ||||||
21 | licensee when the employee works in a designated gaming | ||||||
22 | area that has sports wagering or performs duties in | ||||||
23 | furtherance of or associated with the operation of sports | ||||||
24 | wagering by the sports wagering licensee (occupational | ||||||
25 | license); or | ||||||
26 | (5) a license to provide management services under a |
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1 | contract to a sports wagering licensee (management | ||||||
2 | services provider license). | ||||||
3 | "Official league data" means statistics, results, and | ||||||
4 | outcomes relating to a sporting event, as well as logos, | ||||||
5 | videos, marketing materials, and demographic information that | ||||||
6 | have been obtained from the relevant sports governing body or | ||||||
7 | an entity expressly authorized by the sports governing body to | ||||||
8 | provide such information to sports wagering licensees and | ||||||
9 | online sports wagering licensees. | ||||||
10 | "Online sports wagering licensee" means a person, entity, | ||||||
11 | corporation, or limited liability company that engages in the | ||||||
12 | business of offering, by any means, including, but not limited | ||||||
13 | to, the Internet, a smart phone application, or other similar | ||||||
14 | electronic or digital media or communication technologies, the | ||||||
15 | opportunity to place sports wagers. | ||||||
16 | "Sports event" means a professional sport or athletic | ||||||
17 | event, a collegiate sport or athletic event, a motor race | ||||||
18 | event, or any other special event authorized by the Board under | ||||||
19 | this Act. | ||||||
20 | "Sports governing body" means the organization that | ||||||
21 | prescribes final rules and enforces codes of conduct with | ||||||
22 | respect to a sports event and participants therein. | ||||||
23 | "Sports pool" means the business of accepting wagers on a | ||||||
24 | sports event by a system or method of wagering. | ||||||
25 | "Sports wagering" means the business of accepting wagers on | ||||||
26 | sports events and other events, the individual performance |
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1 | statistics of athletes in a sports event or other events, or a | ||||||
2 | combination of any of the same by any system or method of | ||||||
3 | wagering approved by the Board, including, but not limited to, | ||||||
4 | mobile applications and other digital platforms that utilize | ||||||
5 | communications technology to accept wagers originating within | ||||||
6 | this State. "Sports wagering" includes, but is not limited to, | ||||||
7 | exchange wagering, parlays, over-under, moneyline, pools, and | ||||||
8 | straight bets. "Sports wagering" does not include: | ||||||
9 | (1) pari-mutuel wagering on the outcome of horse races | ||||||
10 | authorized by the Illinois Horse Racing Act of 1975; | ||||||
11 | (2) lottery games authorized by the Illinois Lottery | ||||||
12 | Law; | ||||||
13 | (3) video gaming authorized by the Video Gaming Act; | ||||||
14 | (4) interactive fantasy sports authorized by the | ||||||
15 | Fantasy Sports Contest Act; or | ||||||
16 | (5) gambling games authorized by the Riverboat | ||||||
17 | Gambling Act. | ||||||
18 | "Sports wagering account" means a financial record | ||||||
19 | established by a sports wagering licensee for an individual | ||||||
20 | patron in which the patron may deposit and withdraw funds | ||||||
21 | within a gaming facility for sports wagering and other | ||||||
22 | authorized purchases and to which the sports wagering licensee | ||||||
23 | may credit winnings or other amounts due to that patron or | ||||||
24 | authorized by that patron. | ||||||
25 | "Sports wagering equipment" means any mechanical, | ||||||
26 | electronic, or other device, mechanism, or equipment and |
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1 | related supplies used or consumed in the operation of sports | ||||||
2 | wagering by a sports wagering licensee, including, but not | ||||||
3 | limited to, a kiosk installed to accept sports wagers. | ||||||
4 | "Sports wagering licensee" means a gaming facility | ||||||
5 | licensed to operate a sports pool and other authorized sports | ||||||
6 | wagering activities. | ||||||
7 | "Supplier" means a person that requires a supplier license | ||||||
8 | to provide a sports wagering licensee with goods or services to | ||||||
9 | be used in connection with the operation of sports wagering. | ||||||
10 | "Wager" means a sum of money or thing of value risked on an | ||||||
11 | uncertain occurrence.
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12 | Section 10. State authorization of sports wagering. | ||||||
13 | Notwithstanding any provision of law to the contrary, the | ||||||
14 | operation of sports wagering and ancillary activities are only | ||||||
15 | lawful when conducted in accordance with the provisions of this | ||||||
16 | Act and the rules of the Board.
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17 | Section 15. Board duties and powers. | ||||||
18 | (a) The Board shall have the authority to regulate sports | ||||||
19 | pools and the conduct of sports wagering under this Act. | ||||||
20 | (b) The Board shall examine the regulations implemented in | ||||||
21 | other states where sports wagering is conducted and shall, as | ||||||
22 | far as practicable, adopt a similar regulatory framework | ||||||
23 | through adoption of rules. | ||||||
24 | (c) The Board has the authority to adopt any rules the |
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1 | Board considers necessary for the successful implementation, | ||||||
2 | administration, and enforcement of this Act. Rules proposed by | ||||||
3 | the Board before December 1, 2019 may be adopted as emergency | ||||||
4 | rules pursuant to Section 5-45 of the Illinois Administrative | ||||||
5 | Procedure Act. | ||||||
6 | (d) Rules adopted by the Board may include, but are not | ||||||
7 | limited to, rules governing: | ||||||
8 | (1) the acceptance of wagers on a sports event or a | ||||||
9 | series of sports events; | ||||||
10 | (2) maximum wagers that may be accepted by a sports | ||||||
11 | wagering licensee from any one patron on any one sports | ||||||
12 | event; | ||||||
13 | (3) type of wagering tickets that may be used; | ||||||
14 | (4) the method of issuing tickets; | ||||||
15 | (5) the method of accounting to be used by sports | ||||||
16 | wagering licensees; | ||||||
17 | (6) types of records which shall be kept; | ||||||
18 | (7) the type of system for sports wagering; | ||||||
19 | (8) protections for patrons placing wagers; and | ||||||
20 | (9) the promotion of social responsibility and | ||||||
21 | responsible gaming. | ||||||
22 | (e) The Board shall establish minimum internal control | ||||||
23 | standards and approve minimum internal control standards | ||||||
24 | proposed by sports wagering licensees for the administration of | ||||||
25 | sports wagering operations, sports wagering equipment and | ||||||
26 | systems, or other items used to conduct sports wagering, as |
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1 | well as maintenance of financial records and other required | ||||||
2 | records. | ||||||
3 | (f) For the examination of all mechanical, | ||||||
4 | electromechanical, or electronic wagering equipment, | ||||||
5 | associated equipment, and accounting systems for compliance | ||||||
6 | with this Act, the Board may utilize the services of one or | ||||||
7 | more independent outside testing laboratories that have been | ||||||
8 | accredited by an international accreditation body and that, in | ||||||
9 | the judgment of the Board, are qualified to perform the | ||||||
10 | examinations. | ||||||
11 | (g) The Board shall adopt technical standards governing all | ||||||
12 | equipment, systems, and software critical for ensuring the | ||||||
13 | integrity of the wagering authorized by this Act within 180 | ||||||
14 | days following the effective date of this Act. Until the Board | ||||||
15 | adopts such technical standards, the Board shall utilize a | ||||||
16 | technical standard from an independent testing laboratory that | ||||||
17 | is accredited by the International Organization for | ||||||
18 | Standardization and whose standards for any category of | ||||||
19 | regulated gaming equipment are recognized in 10 or more | ||||||
20 | jurisdictions. | ||||||
21 | (h) The Board shall determine the eligibility of a person | ||||||
22 | to hold or continue to hold a license, shall issue all | ||||||
23 | licenses, and shall maintain a record of all licenses issued | ||||||
24 | under this Act. The Board may accept applications, evaluate | ||||||
25 | qualifications of applicants, and undertake initial review of | ||||||
26 | licenses before adoption of emergency rules upon the effective |
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1 | date of this Act. | ||||||
2 | (i) The Board shall levy and collect all fees, surcharges, | ||||||
3 | civil penalties, and weekly tax on adjusted gross sports | ||||||
4 | wagering receipts imposed by this Act and deposit all moneys | ||||||
5 | into the Sports Wagering Fund, except as otherwise provided | ||||||
6 | under this Act. | ||||||
7 | (j) The Board may exercise any other powers necessary to | ||||||
8 | effectuate the provisions of this Act and the rules of the | ||||||
9 | Board.
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10 | Section 20. Licenses required. | ||||||
11 | (a) No person may engage in any activity in connection with | ||||||
12 | sports wagering in this State unless all necessary licenses | ||||||
13 | have been obtained in accordance with this Act and the rules of | ||||||
14 | the Board. The following licenses shall be issued pursuant to | ||||||
15 | this Act: | ||||||
16 | (1) sports wagering license; | ||||||
17 | (2) online sports wagering license; | ||||||
18 | (3) supplier license; | ||||||
19 | (4) management services provider license; and | ||||||
20 | (5) occupational license. | ||||||
21 | No person or entity may engage in a sports wagering | ||||||
22 | operation or activity without first obtaining the appropriate | ||||||
23 | license. | ||||||
24 | (b) The Board may not grant a license until it determines | ||||||
25 | that each person who has control of the applicant meets all |
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1 | qualifications for licensure. The following persons are | ||||||
2 | considered to have control of an applicant: | ||||||
3 | (1) each person associated with a corporate applicant, | ||||||
4 | including a corporate holding company, parent company, or | ||||||
5 | subsidiary company of the applicant who has the ability to | ||||||
6 | control the activities of the corporate applicant or elect | ||||||
7 | a majority of the board of directors of that corporation; | ||||||
8 | this does not include a bank or other licensed lending | ||||||
9 | institution that holds a mortgage or other lien acquired in | ||||||
10 | the ordinary course of business; | ||||||
11 | (2) each person associated with a non-corporate | ||||||
12 | applicant who directly or indirectly holds a beneficial or | ||||||
13 | proprietary interest in the applicant's business operation | ||||||
14 | or who the Board otherwise determines has the ability to | ||||||
15 | control the applicant; and | ||||||
16 | (3) key personnel of an applicant, including an | ||||||
17 | executive, employee, or agent, having the power to exercise | ||||||
18 | significant influence over decisions concerning any part | ||||||
19 | of the applicant's business operation. | ||||||
20 | (c) An applicant for a license issued under this Act shall | ||||||
21 | submit an application to the Board in the form the Board | ||||||
22 | requires and submit fingerprints for a national criminal | ||||||
23 | records check by the Department of State Police and the Federal | ||||||
24 | Bureau of Investigation. The fingerprints shall be furnished by | ||||||
25 | all persons required to be named in the application and shall | ||||||
26 | be accompanied by a signed authorization for the release of |
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1 | information by the Federal Bureau of Investigation. The Board | ||||||
2 | may require additional background checks on licensees when they | ||||||
3 | apply for annual license renewal, and an applicant convicted of | ||||||
4 | a disqualifying offense shall not be licensed. | ||||||
5 | (d) Each sports wagering licensee, licensed supplier, or | ||||||
6 | licensed management services provider shall display the | ||||||
7 | license conspicuously in the licensee's place of business or | ||||||
8 | have the license available for inspection by an agent of the | ||||||
9 | Board or a law enforcement agency. | ||||||
10 | (e) Each holder of an occupational license shall carry the | ||||||
11 | license and have some indicia of licensure prominently | ||||||
12 | displayed on his or her person when present in a gaming | ||||||
13 | facility licensed under this Act at all times, in accordance | ||||||
14 | with the rules of the Board. | ||||||
15 | (f) Each person licensed under this Act shall give the | ||||||
16 | Board written notice within 30 days after a change to | ||||||
17 | information provided in the licensee's application for a | ||||||
18 | license or renewal. | ||||||
19 | (g) No Board employee may be an applicant for a license | ||||||
20 | issued under this Act, nor may an employee of a licensee | ||||||
21 | directly or indirectly hold an ownership or a financial | ||||||
22 | interest in a sports wagering license.
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23 | Section 25. Initial license and renewal requirements for | ||||||
24 | sports wagering licenses obtained by an organization licensee. | ||||||
25 | (a) No sports wagering license may be awarded to or renewed |
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1 | for any entity that is eligible for a sports wagering license | ||||||
2 | because of an organization license awarded by the Illinois | ||||||
3 | Racing Board, unless they meet the following criteria: | ||||||
4 | (1) The entity must hold a valid organization license | ||||||
5 | awarded by the Illinois Racing Board for the term of the | ||||||
6 | license. | ||||||
7 | (2) The entity must hold an inter-track wagering | ||||||
8 | license awarded by the Illinois Racing Board for the term | ||||||
9 | of the license. | ||||||
10 | (3) The entity, for the term of the license, must have | ||||||
11 | a signed contract with the horsemen association | ||||||
12 | representing the largest number of owners, trainers, | ||||||
13 | jockeys, or standardbred drivers who race horses at that | ||||||
14 | organization licensee's racing meeting, the right to | ||||||
15 | execute or decline such contract being without condition, | ||||||
16 | and that stipulates: | ||||||
17 | (A) the number of races to be conducted at the | ||||||
18 | racing meeting and penalties for failure to conduct | ||||||
19 | those races; | ||||||
20 | (B) the amounts to be distributed to purse accounts | ||||||
21 | and penalties for failure to timely make such | ||||||
22 | distributions; and | ||||||
23 | (C) the reduction and ultimate elimination of | ||||||
24 | money payable from purses to organization licensees | ||||||
25 | under paragraph (13) of subsection (g) of Section 26 of | ||||||
26 | the Illinois Horse Racing Act of 1975, with such |
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1 | reduction and elimination achieved as agreed either | ||||||
2 | through reimbursement or non-acceptance. | ||||||
3 | (4) The entity may not receive any proceeds from | ||||||
4 | adjusted sports wagering receipts during any period that | ||||||
5 | adjusted sports wagering receipts are not being deposited | ||||||
6 | into the purse accounts as provided in the signed contract | ||||||
7 | with the applicable horsemen association. | ||||||
8 | (b) The Board shall study the viability and benefit of | ||||||
9 | providing a sports wagering license to the horsemen association | ||||||
10 | representing the largest number of owners, training jockeys, or | ||||||
11 | standardbred drivers who race horses at an organization | ||||||
12 | licensee's racing meetings and shall prepare a report for the | ||||||
13 | General Assembly and the Governor no later than 12 months after | ||||||
14 | the effective date of this Act. The report to the General | ||||||
15 | Assembly shall be filed with the Clerk of the House of | ||||||
16 | Representatives and the Secretary of the Senate in electronic | ||||||
17 | form only, in the manner that the Clerk and the Secretary shall | ||||||
18 | direct.
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19 | Section 30. Sports wagering license; requirements. | ||||||
20 | (a) A gaming facility may operate sports wagering upon the | ||||||
21 | approval of the Board, and the Board shall have the general | ||||||
22 | responsibility for the implementation of this Act and rules | ||||||
23 | adopted under this Act. | ||||||
24 | (b) A sports wagering license granted by the Board pursuant | ||||||
25 | to this Act grants a sports wagering licensee lawful authority |
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1 | to conduct sports wagering within the terms and conditions of | ||||||
2 | the license and any rules adopted under this Act. | ||||||
3 | (c) The Board may issue sports wagering licenses in | ||||||
4 | accordance with the provisions of this Act. | ||||||
5 | (d) Upon application by a gaming facility and payment of a | ||||||
6 | $10,000,000 application fee, the Board shall grant a sports | ||||||
7 | wagering license to a gaming facility, provided that the | ||||||
8 | applicant holds a valid organization license issued by the | ||||||
9 | Illinois Racing Board pursuant to the Illinois Horse Racing Act | ||||||
10 | of 1975 or a valid owners license issued by the Board pursuant | ||||||
11 | to the Riverboat Gambling Act, and otherwise meets the | ||||||
12 | requirements for licensure under the provisions of this Act and | ||||||
13 | the rules of the Board. The application fee may be prorated so | ||||||
14 | that the renewal date of the organization licensee's or owners | ||||||
15 | licensee's sports wagering license aligns with the renewal date | ||||||
16 | of its license under the appropriate Act. The sports wagering | ||||||
17 | license shall be issued for a 4-year period and may be renewed | ||||||
18 | for 4-year periods upon payment of a $500,000 renewal fee as | ||||||
19 | long as the gaming facility continues to meet all qualification | ||||||
20 | requirements. | ||||||
21 | (e) An inter-track wagering location licensee is | ||||||
22 | authorized to conduct sports wagering if the organization | ||||||
23 | licensee it derives its license from is issued a sports | ||||||
24 | wagering license. | ||||||
25 | (f) A sports wagering license authorizes the operation of | ||||||
26 | sports wagering at locations and through a mobile application |
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1 | or other digital platforms approved by the Board. | ||||||
2 | (g) The following apply to management service contracts: | ||||||
3 | (1) A sports wagering licensee may not enter into a | ||||||
4 | management services contract that would permit any person | ||||||
5 | other than the sports wagering licensee to act as the | ||||||
6 | Board's agent in operating sports wagering unless the | ||||||
7 | management service contract: (A) is with a person licensed | ||||||
8 | under this Act to provide management services; (B) is in | ||||||
9 | writing; and (C) has been approved by the Board. | ||||||
10 | (2) The sports wagering licensee shall submit a | ||||||
11 | material change in a management services contract, | ||||||
12 | previously approved by the Board, to the Board for its | ||||||
13 | approval or rejection before the material change may take | ||||||
14 | effect. | ||||||
15 | (3) The duties and responsibilities of a management | ||||||
16 | services provider under a management services contract may | ||||||
17 | not be assigned, delegated, subcontracted, or transferred | ||||||
18 | to a third party without the prior approval of the Board. A | ||||||
19 | third party must be licensed as a management services | ||||||
20 | provider under this Act before providing services. | ||||||
21 | (h) A sports wagering licensee shall submit to the Board | ||||||
22 | documentation or information as the Board may require | ||||||
23 | demonstrating to the satisfaction of the Administrator that the | ||||||
24 | licensee continues to meet the requirements of this Act and the | ||||||
25 | rules adopted under this Act. Required documentation or | ||||||
26 | information shall be submitted no later than 4 years after |
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1 | issuance of a sports wagering license and every 4 years | ||||||
2 | thereafter or within lesser periods based on circumstances | ||||||
3 | specified by the Board. | ||||||
4 | (i) If the sports wagering licensee fails to apply to renew | ||||||
5 | its license issued before expiration, the Board shall renew its | ||||||
6 | license under this Act at the time the expired license is | ||||||
7 | renewed as long as the sports wagering licensee was operating | ||||||
8 | in compliance with applicable requirements in the preceding | ||||||
9 | license year. | ||||||
10 | (j) Upon application for a sports wagering license and | ||||||
11 | annually thereafter, a sports wagering licensee shall submit to | ||||||
12 | the Board an annual audit of the financial transactions and | ||||||
13 | condition of the sports wagering licensee's total operations | ||||||
14 | prepared by a certified public accountant in accordance with | ||||||
15 | generally accepted accounting principles and applicable | ||||||
16 | federal and State laws. | ||||||
17 | (k) A sports wagering licensee shall provide suitable | ||||||
18 | office space at the sports wagering facility, at no cost, for | ||||||
19 | the Board to perform the duties required of it by this Act and | ||||||
20 | the rules of the Board. | ||||||
21 | (l) A sports wagering licensee shall demonstrate that its | ||||||
22 | wagering will: (1) be accessible to disabled individuals, in | ||||||
23 | accordance with applicable federal and State laws; (2) be | ||||||
24 | licensed in accordance with this Act and all other applicable | ||||||
25 | federal, State, and local laws; and (3) meet any other | ||||||
26 | qualifications specified in rules adopted by the Board.
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1 | Section 35. Online sports wagering license; requirements. | ||||||
2 | (a) The Board shall issue up to 10 online sports wagering | ||||||
3 | licenses to any person, firm, corporation, limited liability | ||||||
4 | company, or partnership that enters into a contractual | ||||||
5 | agreement with a sports wagering licensee to offer sports | ||||||
6 | wagering within the physical confines of a gaming facility and | ||||||
7 | meets all of the following criteria: | ||||||
8 | (1) has filed with the Board certified copies of all | ||||||
9 | the applicant's organic business documents, as applicable, | ||||||
10 | such as articles of incorporation and bylaws, articles of | ||||||
11 | organization, partnership or member agreements, | ||||||
12 | shareholder agreements and limited liability company | ||||||
13 | management agreements, as well as the entity's Federal | ||||||
14 | Employer Identification Number; | ||||||
15 | (2) has filed with the Board the names, addresses, and | ||||||
16 | business activity of all businesses in which applicant has | ||||||
17 | held an ownership interest during the past 10 years; | ||||||
18 | (3) has passed a full criminal background check, | ||||||
19 | through a formal process established by the Board, of all | ||||||
20 | principals. The Board shall ensure that all criminal | ||||||
21 | background checks are conducted promptly upon filing of an | ||||||
22 | application and fee, and that the background check will be | ||||||
23 | completed within 90 days; | ||||||
24 | (4) has financial reserves of no less than $5,000,000 | ||||||
25 | in liquid assets at the time of initial licensing. Proof of |
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1 | financial reserves must be provided to the Board in the | ||||||
2 | form of a signed statement from an Illinois licensed | ||||||
3 | certified public accountant, dated within 30 calendar days | ||||||
4 | of the date of the filing of the application, attesting | ||||||
5 | that the applicant has such funds under its control; | ||||||
6 | (5) has filed with the Board proof of all insurance | ||||||
7 | coverage required by law, including workers' compensation | ||||||
8 | and liability insurance, with liability coverages of no | ||||||
9 | less than $2,000,000, and with full indemnification for the | ||||||
10 | State of Illinois and its employees; | ||||||
11 | (6) has filed with the Board a signed notarized | ||||||
12 | statement certifying that no prospective principal officer | ||||||
13 | or board member has been convicted of an excluded offense | ||||||
14 | in any state or country, that the applicant will register | ||||||
15 | with the Illinois Department of Revenue upon licensing, | ||||||
16 | that all information provided to the Board is complete and | ||||||
17 | accurate, that it has actual notice of all State laws that | ||||||
18 | pertain to operating a legal sports wagering business in | ||||||
19 | Illinois, and that all of applicant's principal officers | ||||||
20 | and vendors expressly agree to be subject to service of | ||||||
21 | process in Illinois with a current Illinois address on file | ||||||
22 | with the Board; and | ||||||
23 | (7) has posted with the Board a surety bond of | ||||||
24 | $1,000,000, issued by an insurance company authorized to | ||||||
25 | transact fidelity and surety business in the State of | ||||||
26 | Illinois; the bond shall be used to guarantee that the |
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1 | licensee faithfully makes the payments, keeps books and | ||||||
2 | records, makes reports, and conducts sports wagering | ||||||
3 | operations in conformity with this Act. | ||||||
4 | (b) The Board shall not issue an online sports wagering | ||||||
5 | license to an applicant whose background check reveals the | ||||||
6 | applicant seeking the online sports wagering license, or any | ||||||
7 | principal officer or board member of the entity seeking the | ||||||
8 | online sports wagering license, has been convicted, fined, or | ||||||
9 | censured or has had a registration or license suspended or | ||||||
10 | revoked in an administrative or judicial proceeding. | ||||||
11 | (c) All information, records, interviews, reports, | ||||||
12 | statements, memoranda, or other data supplied to or used by the | ||||||
13 | Board in the course of its review or investigation of an | ||||||
14 | application for an online sports wagering license or a renewal | ||||||
15 | under this Act is subject to Section 5.1 of the Riverboat | ||||||
16 | Gambling Act. | ||||||
17 | (d) Any person, association, corporation, partnership, or | ||||||
18 | entity who (i) knowingly makes materially false statements in | ||||||
19 | order to obtain an online sports wagering license; (ii) | ||||||
20 | knowingly advertises within the State of Illinois any game, | ||||||
21 | product, or feature that is not authorized by his or her | ||||||
22 | license; or (iii) violates any other provision of this Act or | ||||||
23 | any rule adopted under this Act is guilty of a Class B | ||||||
24 | misdemeanor for the first violation and is guilty of a Class A | ||||||
25 | misdemeanor for a second or subsequent violation. In the case | ||||||
26 | of an association, corporation, partnership, or entity, |
| |||||||
| |||||||
1 | imprisonment may be imposed upon its officers who knowingly | ||||||
2 | participated in the violation. | ||||||
3 | (e) An online sports wagering license issued under this Act | ||||||
4 | shall be valid for a period of 4 years after the date of | ||||||
5 | issuance and shall be renewable thereafter for an additional 4 | ||||||
6 | years upon payment of a $500,000 renewal fee based on a | ||||||
7 | determination by the Board that the online sports wagering | ||||||
8 | licensee continues to meet all requirements of this Act and the | ||||||
9 | Board's rules. Notwithstanding any other law to the contrary, | ||||||
10 | any assignment or transfer of an interest in an online sports | ||||||
11 | wagering license, or a greater than 10% interest, direct or | ||||||
12 | indirect, in any entity holding an online sports wagering | ||||||
13 | license, is subject to the written approval by the Board. | ||||||
14 | Approved transferees are subject to a nonrefundable | ||||||
15 | application fee, the amount of which shall be determined by the | ||||||
16 | Board by rule.
| ||||||
17 | Section 40. Management services provider license; | ||||||
18 | requirements. | ||||||
19 | (a) The holder of a sports wagering license may contract | ||||||
20 | with an entity to conduct that operation in accordance with the | ||||||
21 | rules of the Board. The license shall be issued pursuant to the | ||||||
22 | provisions of this Act and any rules adopted by the Board. | ||||||
23 | (b) Each applicant for a management services provider | ||||||
24 | license shall meet all requirements for licensure and pay a | ||||||
25 | nonrefundable license and application fee of $250,000. The |
| |||||||
| |||||||
1 | Board may adopt rules establishing additional requirements for | ||||||
2 | an authorized management services provider. The Board may | ||||||
3 | accept licensing by another jurisdiction that it specifically | ||||||
4 | determines to have similar licensing requirements as evidence | ||||||
5 | the applicant meets authorized management services provider | ||||||
6 | licensing requirements. | ||||||
7 | (c) Management services provider licenses shall be renewed | ||||||
8 | annually to a licensee who continues to be in compliance with | ||||||
9 | all requirements and who pays the annual renewal fee of | ||||||
10 | $250,000. | ||||||
11 | (d) An entity or individual who shares in revenue, | ||||||
12 | including an affiliate operating under a revenue share | ||||||
13 | agreement, shall be licensed under this Section.
| ||||||
14 | Section 45. Supplier license; requirements. | ||||||
15 | (a) The Board may issue a supplier license to a person to | ||||||
16 | sell or lease sports wagering equipment, systems, or other | ||||||
17 | gaming items necessary to conduct sports wagering, and offer | ||||||
18 | services related to the equipment or other gaming items to a | ||||||
19 | sports wagering licensee while the license is active. The Board | ||||||
20 | may establish the conditions under which the Board may issue | ||||||
21 | provisional licenses, pending completion of final action on an | ||||||
22 | application. | ||||||
23 | (b) The Board may adopt rules establishing additional | ||||||
24 | requirements for a supplier and any system or other equipment | ||||||
25 | utilized for sports wagering. The Board may accept licensing by |
| |||||||
| |||||||
1 | another jurisdiction that it specifically determines to have | ||||||
2 | similar licensing requirements as evidence the applicant meets | ||||||
3 | supplier licensing requirements. | ||||||
4 | (c) An applicant for a supplier license shall demonstrate | ||||||
5 | that the equipment, system, or services that the applicant | ||||||
6 | plans to offer to the sports wagering licensee conforms to | ||||||
7 | standards established by the Board and applicable State law. | ||||||
8 | The Board may accept approval by another jurisdiction that it | ||||||
9 | specifically determines have similar equipment standards as | ||||||
10 | evidence the applicant meets the standards established by the | ||||||
11 | Board and applicable State law. | ||||||
12 | (d) Applicants shall pay to the Board a nonrefundable | ||||||
13 | license and application fee in the amount of $100,000. After | ||||||
14 | the initial one-year term, the Board shall renew supplier | ||||||
15 | licenses annually thereafter. Renewal of a supplier license | ||||||
16 | shall be granted to a renewal applicant who has continued to | ||||||
17 | comply with all applicable statutory and regulatory | ||||||
18 | requirements, upon submission of the Board-issued renewal form | ||||||
19 | and payment of a $100,000 renewal fee. | ||||||
20 | (e) A supplier shall submit to the Board a list of all | ||||||
21 | sports wagering equipment and services sold, delivered to, or | ||||||
22 | offered to a sports wagering licensee in this State, as | ||||||
23 | required by the Board, all of which must be tested and approved | ||||||
24 | by an independent testing laboratory approved by the Board. A | ||||||
25 | sports wagering licensee may continue to use supplies acquired | ||||||
26 | from a licensed supplier, even if a supplier's supplier license |
| |||||||
| |||||||
1 | expires or is otherwise canceled, unless the Board finds a | ||||||
2 | defect in the supplies.
| ||||||
3 | Section 50. Occupational license; requirements. | ||||||
4 | (a) All persons employed to be engaged directly in sports | ||||||
5 | wagering-related activities, or otherwise conducting or | ||||||
6 | operating sports wagering, shall be licensed by the Board and | ||||||
7 | maintain a valid occupational license at all times, and the | ||||||
8 | Board shall issue the license to be employed in the operation | ||||||
9 | of sports wagering to a person who meets the requirements of | ||||||
10 | this Section. | ||||||
11 | (b) An occupational license to be employed by a gaming | ||||||
12 | facility authorized to conduct sports wagering permits the | ||||||
13 | licensee to be employed in the capacity designated by the Board | ||||||
14 | while the license is still active. The Board may establish, by | ||||||
15 | rule, job classifications with different requirements to | ||||||
16 | recognize the extent to which a particular job has the ability | ||||||
17 | to impact the proper operation of sports wagering. | ||||||
18 | (c) Applicants shall submit any required application forms | ||||||
19 | established by the Board and pay a nonrefundable application | ||||||
20 | fee of $100. The fee may be paid on behalf of an applicant by | ||||||
21 | the employer. | ||||||
22 | (d) Each licensed employee shall pay to the Board an annual | ||||||
23 | license fee of $100 by June 30 of each year. The fee may be paid | ||||||
24 | on behalf of the licensed employee by the employer. In addition | ||||||
25 | to a renewal fee, each licensed employee shall annually submit |
| |||||||
| |||||||
1 | a renewal application on the form required by the Board.
| ||||||
2 | Section 55. License prohibitions. | ||||||
3 | (a) The Board may not grant a license pursuant to the | ||||||
4 | provisions of this Act if evidence satisfactory to the Board | ||||||
5 | exists that the applicant: | ||||||
6 | (1) has knowingly made a false statement of a material | ||||||
7 | fact to the Board; | ||||||
8 | (2) has been suspended from operating a gambling game, | ||||||
9 | gaming device, or gaming operation or had a license revoked | ||||||
10 | by a governmental authority responsible for regulating | ||||||
11 | gaming activities; or | ||||||
12 | (3) has been convicted of a crime of moral turpitude, a | ||||||
13 | gambling-related offense, a theft or fraud offense, or has | ||||||
14 | otherwise demonstrated, either by a police record or other | ||||||
15 | satisfactory evidence, a lack of respect for law and order. | ||||||
16 | (b) The Board may deny a license to an applicant, reprimand | ||||||
17 | a licensee, or suspend or revoke a license if the applicant or | ||||||
18 | licensee: | ||||||
19 | (1) has not demonstrated to the satisfaction of the | ||||||
20 | Board financial responsibility sufficient to adequately | ||||||
21 | meet the requirements of the proposed enterprise; | ||||||
22 | (2) is not the true owner of the business or is not the | ||||||
23 | sole owner and has not disclosed the existence or identity | ||||||
24 | of other persons who have an ownership interest in the | ||||||
25 | business; or |
| |||||||
| |||||||
1 | (3) is a corporation that sells more than 5% of a | ||||||
2 | licensee's voting stock or more than 5% of the voting stock | ||||||
3 | of a corporation that controls the licensee or sells a | ||||||
4 | licensee's assets, other than those bought and sold in the | ||||||
5 | ordinary course of business, or any interest in the assets, | ||||||
6 | to a person not already determined by the Board to have met | ||||||
7 | the qualifications of a licensee under this Act. | ||||||
8 | (c) In the case of an applicant for a sports wagering | ||||||
9 | license, the Board may deny a license to an applicant, | ||||||
10 | reprimand a licensee, or suspend or revoke a license if an | ||||||
11 | applicant has not met the requirements of this Section or any | ||||||
12 | other provision of this Act.
| ||||||
13 | Section 60. Sports wagering house rules; posting of rules. | ||||||
14 | (a) Each sports wagering licensee shall adopt | ||||||
15 | comprehensive house rules for game play governing sports | ||||||
16 | wagering transactions with its patrons. These comprehensive | ||||||
17 | rules shall be published as part of the minimum internal | ||||||
18 | control standards. The rules shall specify the amounts to be | ||||||
19 | paid on winning wagers and the effect of schedule changes. | ||||||
20 | House rules shall be approved by the Board before | ||||||
21 | implementation. | ||||||
22 | (b) The house rules, together with any other information | ||||||
23 | the Board deems appropriate, shall be conspicuously displayed | ||||||
24 | and included in the terms and conditions of the sports wagering | ||||||
25 | system. Copies shall be made readily available to patrons.
|
| |||||||
| |||||||
1 | Section 65. Sports wagering licensee duties; sports | ||||||
2 | wagering at a gaming facility. | ||||||
3 | (a) Sports wagering licensees shall: | ||||||
4 | (1) employ a monitoring system utilizing software to | ||||||
5 | identify non-normal irregularities in volume or odds | ||||||
6 | swings that could signal suspicious activities that should | ||||||
7 | require further investigation that shall be immediately | ||||||
8 | reported and investigated by the Board; system | ||||||
9 | requirements and specifications shall be developed | ||||||
10 | according to industry standards and implemented by the | ||||||
11 | Board as part of the minimum internal control standards; | ||||||
12 | (2) promptly report to the Board any facts or | ||||||
13 | circumstances related to the operation of a sports wagering | ||||||
14 | licensee that constitute a violation of State or federal | ||||||
15 | law and immediately report any suspicious betting over a | ||||||
16 | threshold set by the sports wagering licensee that has been | ||||||
17 | approved by the Board to the appropriate State or federal | ||||||
18 | authorities; | ||||||
19 | (3) conduct all sports wagering activities and | ||||||
20 | functions in a manner that does not pose a threat to the | ||||||
21 | public health, safety, or welfare of the citizens of this | ||||||
22 | State; | ||||||
23 | (4) hold the Board and this State harmless from and | ||||||
24 | defend and pay for the defense of any and all claims that | ||||||
25 | may be asserted against a licensee, the Board, this State, |
| |||||||
| |||||||
1 | or employees thereof, arising from the licensee's actions | ||||||
2 | or omission while acting as an agent of the Board operating | ||||||
3 | sports wagering pursuant to this Act; | ||||||
4 | (5) assist the Board in maximizing sports wagering | ||||||
5 | revenues; and | ||||||
6 | (6) keep current in all payments and obligations to the | ||||||
7 | Board. | ||||||
8 | (b) All sports wagering licensees shall: | ||||||
9 | (1) acquire sports wagering equipment by purchase, | ||||||
10 | lease, or other assignment from licensed suppliers and | ||||||
11 | provide a secure location for the placement, operation, and | ||||||
12 | play of sports wagering equipment; | ||||||
13 | (2) prevent a person from tampering with or interfering | ||||||
14 | with the operation of sports wagering; | ||||||
15 | (3) ensure that sports wagering conducted at a gaming | ||||||
16 | facility is within the sight and control of designated | ||||||
17 | employees of the licensee and the sports wagering at the | ||||||
18 | facility or otherwise available by the licensee is | ||||||
19 | conducted under continuous observation by security | ||||||
20 | equipment in conformity with specifications and | ||||||
21 | requirements of the Board; | ||||||
22 | (4) ensure that sports wagering occurs only in the | ||||||
23 | specific locations within designated gaming areas approved | ||||||
24 | by the Board or using a Board-approved mobile application | ||||||
25 | or other digital platform that utilizes communications | ||||||
26 | technology to accept wagers originating within this State |
| |||||||
| |||||||
1 | or on a sports wagering device; sports wagering shall only | ||||||
2 | be relocated or offered in additional authorized manners in | ||||||
3 | accordance with the rules of the Board; | ||||||
4 | (5) maintain sufficient cash and other supplies to | ||||||
5 | conduct sports wagering at all times; and | ||||||
6 | (6) maintain daily records showing the gross sports | ||||||
7 | wagering receipts and adjusted gross sports wagering | ||||||
8 | receipts of the licensee from sports wagering and timely | ||||||
9 | file with the Board any additional reports required by rule | ||||||
10 | or by other provisions of this Act.
| ||||||
11 | Section 70. Posting of betting limits. A sports wagering | ||||||
12 | licensee shall conspicuously post a sign at each sports | ||||||
13 | wagering location indicating the minimum and maximum wagers | ||||||
14 | permitted at that location and shall comply with the same.
| ||||||
15 | Section 75. Compulsive gambling. Each online sports | ||||||
16 | wagering licensee shall include a statement regarding | ||||||
17 | obtaining assistance with gambling problems, the text of which | ||||||
18 | shall be determined by rule by the Department of Human | ||||||
19 | Services, on the online sports wagering licensee's online | ||||||
20 | application.
| ||||||
21 | Section 80. Authorization of sports wagering; | ||||||
22 | requirements. | ||||||
23 | (a) A person placing a wager with a sports wagering |
| |||||||
| |||||||
1 | licensee or online sports wagering licensee shall be at least | ||||||
2 | 21 years of age. | ||||||
3 | (b) A patron must deposit funds into and withdraw funds | ||||||
4 | from a sports wagering account within a gaming facility. | ||||||
5 | (c) The Board or a sports wagering licensee may ban a | ||||||
6 | person from entering a gaming area of a gaming facility | ||||||
7 | conducting sports wagering or the grounds of a gaming facility | ||||||
8 | licensed under this Act or from participating in the play or | ||||||
9 | operation of sports wagering. A log of all excluded players | ||||||
10 | shall be kept by the Board and each licensee, and no player on | ||||||
11 | the Board's exclusion list or the sports wagering licensee's | ||||||
12 | exclusion list shall wager on sports wagering under this Act. | ||||||
13 | (d) No Board employee may knowingly wager or be paid a | ||||||
14 | prize from a wager placed at a gaming facility licensed under | ||||||
15 | this Act within this State or at any facility outside this | ||||||
16 | jurisdiction that is directly or indirectly owned or operated | ||||||
17 | by a sports wagering licensee.
| ||||||
18 | Section 85. Recordkeeping; information sharing. | ||||||
19 | (a) Sports wagering licensees and online sports wagering | ||||||
20 | licensees shall maintain records of all bets and wagers placed, | ||||||
21 | including personally identifiable information of the bettor, | ||||||
22 | amount and type of bet, time the bet was placed, location of | ||||||
23 | the bet, the outcome of the bet, records of abnormal betting | ||||||
24 | activity, and video camera recordings in the case of in-person | ||||||
25 | wagers for at least 3 years after the sporting event occurs and |
| |||||||
| |||||||
1 | make the data available for inspection upon request of the | ||||||
2 | Board or as required by a court order. | ||||||
3 | (b) If a sports governing body has notified the Board that | ||||||
4 | real-time information sharing for wagers placed on its sporting | ||||||
5 | events is necessary and desirable, sports wagering licensees | ||||||
6 | and online sports wagering licensees shall share in real time | ||||||
7 | the information required to be retained pursuant to this | ||||||
8 | Section (other than video files) with the sports governing body | ||||||
9 | or its designee respecting wagers on its sporting events. | ||||||
10 | (c) If the Board adopts rules requiring a royalty, a sports | ||||||
11 | wagering licensee or online sports wagering licensee shall | ||||||
12 | remit to a sports governing body that has provided notice to | ||||||
13 | the Board pursuant to subsection (b) a royalty of 0.20% of the | ||||||
14 | amount wagered on its sporting events. The sports wagering | ||||||
15 | licensee or online sports wagering licensee shall remit the | ||||||
16 | royalty only after the sports governing body has provided the | ||||||
17 | sports wagering licensee or online sports wagering licensee | ||||||
18 | access to official league data. The sports wagering licensee or | ||||||
19 | online sports wagering licensee shall remit royalties to the | ||||||
20 | sports governing body at least once per calendar quarter. | ||||||
21 | (d) The Board shall cooperate with a sports governing body | ||||||
22 | and licensees to ensure the timely, efficient, and accurate | ||||||
23 | sharing of information and the remittance of proceedings of the | ||||||
24 | royalty to the sports governing body. | ||||||
25 | (e) A sports wagering licensee or online sports wagering | ||||||
26 | licensee is prohibited from entering into an independent |
| |||||||
| |||||||
1 | contractual relationship with a sports governing body for | ||||||
2 | access to official league data.
| ||||||
3 | Section 90. Sports wagering revenues; accounting for the | ||||||
4 | State's share of revenue imposed for the privilege of offering | ||||||
5 | sports wagering. | ||||||
6 | (a) For the privilege of holding a license to operate | ||||||
7 | sports wagering under this Act, this State shall impose and | ||||||
8 | collect 15% of the sports wagering licensee's adjusted gross | ||||||
9 | sports wagering receipts. The accrual method of accounting | ||||||
10 | shall be used for purposes of calculating the amount of the tax | ||||||
11 | owed by the licensee. | ||||||
12 | (b) For the privilege of holding a license to operate | ||||||
13 | sports wagering under this Act, this State shall impose and | ||||||
14 | collect 15% of the online sports wagering licensee's adjusted | ||||||
15 | gross sports wagering receipts. The accrual method of | ||||||
16 | accounting shall be used for purposes of calculating the amount | ||||||
17 | of the tax owed by the licensee. | ||||||
18 | (c) The calculation of gross sports wagering receipts or | ||||||
19 | adjusted gross sports wagering receipts, for the purposes of | ||||||
20 | this Section, shall not include the dollar amount of | ||||||
21 | non-cashable vouchers, coupons, and electronic promotions | ||||||
22 | redeemed by wagerers up to and including an amount not to | ||||||
23 | exceed 10% of a sports wagering licensee's or online sports | ||||||
24 | wagering licensee's adjusted gross sports wagering receipts. | ||||||
25 | The Board shall submit to the General Assembly a |
| |||||||
| |||||||
1 | comprehensive report no later than March 31, 2021 detailing, at | ||||||
2 | a minimum, the effect of removing non-cashable vouchers, | ||||||
3 | coupons, and electronic promotions from this calculation on net | ||||||
4 | gaming revenues to the State in calendar years 2018 through | ||||||
5 | 2020, the increase or reduction in wagerers as a result of | ||||||
6 | removing non-cashable vouchers, coupons, and electronic | ||||||
7 | promotions from this calculation, the effect of the tax rates | ||||||
8 | in subsections (a) and (b) on net gaming revenues to the State, | ||||||
9 | and proposed modifications to the calculation. | ||||||
10 | (d) The taxes levied and collected pursuant to subsections | ||||||
11 | (a) and (b) are due and payable to the Board in weekly | ||||||
12 | installments on or before the Wednesday following the calendar | ||||||
13 | week in which the adjusted gross sports wagering receipts were | ||||||
14 | received and the tax obligation was accrued. | ||||||
15 | (e) The sports wagering licensee or online sports wagering | ||||||
16 | licensee shall complete and submit the return for the preceding | ||||||
17 | week by electronic communication to the Board, on or before | ||||||
18 | Wednesday of each week, in the form prescribed by the Board | ||||||
19 | that provides: | ||||||
20 | (1) the total gross sports wagering receipts and | ||||||
21 | adjusted gross sports wagering receipts from operation of | ||||||
22 | sports wagering during that week; | ||||||
23 | (2) the tax amount for which the sports wagering | ||||||
24 | licensee or online sports wagering licensee is liable; and | ||||||
25 | (3) any additional information necessary in the | ||||||
26 | computation and collection of the tax on adjusted gross |
| |||||||
| |||||||
1 | sports wagering receipts required by the Board. | ||||||
2 | (f) The tax amount shown to be due shall be remitted by | ||||||
3 | electronic funds transfer simultaneously with the filing of the | ||||||
4 | return. All moneys received by the Board pursuant to this | ||||||
5 | Section shall be deposited into the Sports Wagering Fund in | ||||||
6 | accordance with the provisions of this Act.
| ||||||
7 | Section 95. Sports Wagering Fund; distribution of funds. | ||||||
8 | (a) The Sports Wagering Fund is hereby created as a special | ||||||
9 | fund in the State treasury and all moneys collected under this | ||||||
10 | Act by the Board shall be deposited with the State Treasurer to | ||||||
11 | the Sports Wagering Fund. The Fund shall be an interest-bearing | ||||||
12 | account with all interest or other return earned on the money | ||||||
13 | of the Fund credited to and deposited into the Fund. All | ||||||
14 | expenses of the Board incurred in the administration and | ||||||
15 | enforcement of this Act shall be paid from the Fund pursuant to | ||||||
16 | subsection (b). | ||||||
17 | (b) The Board shall deduct an amount sufficient to | ||||||
18 | reimburse its actual costs and expenses incurred in | ||||||
19 | administering sports wagering at licensed gaming facilities | ||||||
20 | from the gross deposits into the Sports Wagering Fund. | ||||||
21 | (c) The Board shall retain up to 15% of gross deposits for | ||||||
22 | the Fund operation and its administrative expenses. If the | ||||||
23 | percentage allotted for operations and administration | ||||||
24 | generates a surplus, the surplus shall be allowed to accumulate | ||||||
25 | but may not exceed $250,000. The amount remaining after the |
| |||||||
| |||||||
1 | deduction for administrative expenses is the net profit. In | ||||||
2 | each fiscal year, the net profit shall be deposited in equal | ||||||
3 | amounts to the State Construction Account Fund, the Pension | ||||||
4 | Stabilization Fund, and the Common School Fund.
| ||||||
5 | Section 100. Law enforcement. Notwithstanding any | ||||||
6 | provision of law to the contrary, the Board shall, by contract | ||||||
7 | or cooperative agreement with the Department of State Police, | ||||||
8 | arrange for those law enforcement services uniquely related to | ||||||
9 | gaming, as such occurs at facilities of the type authorized by | ||||||
10 | this Act, that are necessary to enforce the provisions of this | ||||||
11 | Act that are not subject to federal jurisdiction. However, the | ||||||
12 | Department of State Police shall only have exclusive | ||||||
13 | jurisdiction over offenses committed on the grounds of a gaming | ||||||
14 | facility licensed under this Act that are offenses relating to | ||||||
15 | gaming.
| ||||||
16 | Section 105. Civil penalties. The Board may impose on any | ||||||
17 | person who violates the provisions of this Act a civil penalty | ||||||
18 | not to exceed $50,000 for each violation. The penalty shall be | ||||||
19 | imposed on all individuals and is not limited to individuals | ||||||
20 | licensed under this Act. This provision shall not be construed | ||||||
21 | as applicable to office pools.
| ||||||
22 | Section 110. Crimes and penalties related to unauthorized | ||||||
23 | sports wagering operations. |
| |||||||
| |||||||
1 | (a) Any person, other than a licensee under this Act, who | ||||||
2 | engages in accepting, facilitating, or operating a sports | ||||||
3 | wagering operation is guilty of a Class A misdemeanor with the | ||||||
4 | applicable fines and confinement. | ||||||
5 | (b) Notwithstanding the penalty provisions of subsection | ||||||
6 | (a), a person convicted of a second violation of subsection (a) | ||||||
7 | is guilty of a Class A misdemeanor with the applicable fines | ||||||
8 | and confinement. | ||||||
9 | (c) Notwithstanding the penalty provisions of subsection | ||||||
10 | (a) or (b), a person convicted of a third or subsequent | ||||||
11 | violation of subsection (a) is guilty of a Class 4 felony with | ||||||
12 | the applicable fines and confinement.
| ||||||
13 | Section 115. Crimes and penalties related to authorized | ||||||
14 | sports wagering operation. | ||||||
15 | (a) A sports wagering licensee is guilty of unlawful | ||||||
16 | operation and is guilty of a Class A misdemeanor if: | ||||||
17 | (1) the licensee operates sports wagering without | ||||||
18 | authority of the Board to do so; | ||||||
19 | (2) the licensee operates sports wagering in a location | ||||||
20 | or by a manner that is not approved by the Board; | ||||||
21 | (3) the licensee knowingly conducts, carries on, | ||||||
22 | operates, or allows sports wagering to occur on premises or | ||||||
23 | through any other device if equipment or material has been | ||||||
24 | tampered with or exposed to conditions in which it will be | ||||||
25 | operated in a manner designed to deceive the public; |
| |||||||
| |||||||
1 | (4) the licensee employs an individual who does not | ||||||
2 | hold a valid occupational license in a position for which a | ||||||
3 | license is required or otherwise allows an individual to | ||||||
4 | perform duties for which a license is required or continues | ||||||
5 | to employ an individual after the employee's occupational | ||||||
6 | license is no longer valid; | ||||||
7 | (5) the licensee acts or employs another person to act | ||||||
8 | as if he or she is not an agent or employee of the licensee | ||||||
9 | in order to encourage participation in sports wagering at | ||||||
10 | the gaming facility licensed under this Act; | ||||||
11 | (6) the licensee knowingly permits an individual under | ||||||
12 | the age of 21 to enter or remain in a designated gaming | ||||||
13 | area or to engage in sports wagering at a licensed gaming | ||||||
14 | facility; or | ||||||
15 | (7) the licensee exchanges tokens, chips, electronic | ||||||
16 | media, or other forms of credit used for sports wagering | ||||||
17 | for anything of value except money or credits applied to a | ||||||
18 | sports wagering account at a gaming facility licensed under | ||||||
19 | this Act. | ||||||
20 | (b) A person is guilty of a felony if: | ||||||
21 | (1) a person offers, promises, or gives anything of | ||||||
22 | value to anyone for the purpose of influencing the outcome | ||||||
23 | of a race, sports event, contest, or game upon which a | ||||||
24 | wager may be made or a person places, increases, or | ||||||
25 | decreases a wager after acquiring knowledge, not available | ||||||
26 | to the general public, that anyone has been offered, |
| |||||||
| |||||||
1 | promised, or given anything of value for the purpose of | ||||||
2 | influencing the outcome of the race, sports event, contest, | ||||||
3 | or game upon which the wager is placed, increased, or | ||||||
4 | decreased or attempts to do any of the same; | ||||||
5 | (2) a person changes or alters the normal outcome of a | ||||||
6 | game played on a mobile or other digital platform, | ||||||
7 | including an interactive gaming system used to monitor the | ||||||
8 | same or the way in which the outcome is reported to a | ||||||
9 | participant in the game; | ||||||
10 | (3) the person manufactures, sells, or distributes a | ||||||
11 | device that is intended by that person to be used to | ||||||
12 | violate any provision of this Act or the sports wagering | ||||||
13 | laws of any other state; | ||||||
14 | (4) the person places a bet or aids any other | ||||||
15 | individual in placing a bet on a sports event or other | ||||||
16 | sports wagering game or offering authorized under this Act | ||||||
17 | after unlawfully acquiring knowledge of the outcome on | ||||||
18 | which winnings from that bet are contingent; | ||||||
19 | (5) the person claims, collects, or takes anything of | ||||||
20 | value from a wagering with intent to defraud or attempts | ||||||
21 | such action without having made a wager in which the amount | ||||||
22 | or value is legitimately won or owed; | ||||||
23 | (6) the person knowingly places a wager using | ||||||
24 | counterfeit currency or other counterfeit form of credit | ||||||
25 | for sports wagering at a wagering; or | ||||||
26 | (7) the person, not a sports wagering licensee or an |
| |||||||
| |||||||
1 | employee or agent of a sports wagering licensee acting in | ||||||
2 | furtherance of the sports wagering licensee's interest, | ||||||
3 | has in his or her possession on grounds owned by the gaming | ||||||
4 | facility licensed under this Act or on grounds contiguous | ||||||
5 | to the gaming facility licensed under this Act, any device | ||||||
6 | intended to be used to violate a provision of this Act or | ||||||
7 | any rule of the Board. | ||||||
8 | (c) A person who violates a provision of subsection (a) is | ||||||
9 | guilty of a Class A misdemeanor and, upon conviction thereof, | ||||||
10 | shall be fined not more than $1,000 or confined in jail for not | ||||||
11 | more than 6 months, or both fined and confined, except any | ||||||
12 | violation that is not committed by a natural person may result | ||||||
13 | in a fine of not more than $25,000. | ||||||
14 | (d) A person who violates a provision of subsection (b) is | ||||||
15 | guilty of a Class 4 felony and, upon conviction thereof, shall | ||||||
16 | be fined not less than $5,000 nor more than $10,000 or confined | ||||||
17 | in a State correctional facility for not less than one year nor | ||||||
18 | more than 5 years, or both fined and confined. | ||||||
19 | (e) With regard to subsection (a), each sports wagering | ||||||
20 | licensee shall post notice of the prohibitions and penalties of | ||||||
21 | this Section in a manner determined by the rules of the Board.
| ||||||
22 | Section 120. Home rule. The regulation of sports wagering | ||||||
23 | is an exclusive power and function of the State. A home rule | ||||||
24 | unit may not regulate sports wagering. This Section is a denial | ||||||
25 | and limitation of home rule powers and functions under |
| |||||||
| |||||||
1 | subsection (h) of Section 6 of Article VII of the Illinois | ||||||
2 | Constitution.
| ||||||
3 | Section 125. Exemption from federal law. Pursuant to | ||||||
4 | Section 2 of Chapter 1194, 64 Stat. 1134, 15 U.S.C. 1172, | ||||||
5 | approved January 2, 1951, the State of Illinois, acting by and | ||||||
6 | through duly elected and qualified members of the General | ||||||
7 | Assembly, declares and proclaims that this State is exempt from | ||||||
8 | Chapter 1194, 64 Stat. 1134, 15 U.S.C. 1171-1178.
| ||||||
9 | Section 130. Shipment of gambling devices. All shipments of | ||||||
10 | gambling devices, including sports wagering devices or related | ||||||
11 | materials, to licensed gaming facilities in this State are | ||||||
12 | legal shipments of gambling devices into the State of Illinois, | ||||||
13 | as long as the registering, recording, and labeling of which | ||||||
14 | have been completed by the supplier thereof in accordance with | ||||||
15 | Chapter 1194, 64 Stat. 1134, 15 U.S.C. 1171-1178.
| ||||||
16 | Section 900. The Illinois Administrative Procedure Act is | ||||||
17 | amended by changing Section 5-45 as follows:
| ||||||
18 | (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45) | ||||||
19 | Sec. 5-45. Emergency rulemaking. | ||||||
20 | (a) "Emergency" means the existence of any situation that | ||||||
21 | any agency
finds reasonably constitutes a threat to the public | ||||||
22 | interest, safety, or
welfare. |
| |||||||
| |||||||
1 | (b) If any agency finds that an
emergency exists that | ||||||
2 | requires adoption of a rule upon fewer days than
is required by | ||||||
3 | Section 5-40 and states in writing its reasons for that
| ||||||
4 | finding, the agency may adopt an emergency rule without prior | ||||||
5 | notice or
hearing upon filing a notice of emergency rulemaking | ||||||
6 | with the Secretary of
State under Section 5-70. The notice | ||||||
7 | shall include the text of the
emergency rule and shall be | ||||||
8 | published in the Illinois Register. Consent
orders or other | ||||||
9 | court orders adopting settlements negotiated by an agency
may | ||||||
10 | be adopted under this Section. Subject to applicable | ||||||
11 | constitutional or
statutory provisions, an emergency rule | ||||||
12 | becomes effective immediately upon
filing under Section 5-65 or | ||||||
13 | at a stated date less than 10 days
thereafter. The agency's | ||||||
14 | finding and a statement of the specific reasons
for the finding | ||||||
15 | shall be filed with the rule. The agency shall take
reasonable | ||||||
16 | and appropriate measures to make emergency rules known to the
| ||||||
17 | persons who may be affected by them. | ||||||
18 | (c) An emergency rule may be effective for a period of not | ||||||
19 | longer than
150 days, but the agency's authority to adopt an | ||||||
20 | identical rule under Section
5-40 is not precluded. No | ||||||
21 | emergency rule may be adopted more
than once in any 24-month | ||||||
22 | period, except that this limitation on the number
of emergency | ||||||
23 | rules that may be adopted in a 24-month period does not apply
| ||||||
24 | to (i) emergency rules that make additions to and deletions | ||||||
25 | from the Drug
Manual under Section 5-5.16 of the Illinois | ||||||
26 | Public Aid Code or the
generic drug formulary under Section |
| |||||||
| |||||||
1 | 3.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) | ||||||
2 | emergency rules adopted by the Pollution Control
Board before | ||||||
3 | July 1, 1997 to implement portions of the Livestock Management
| ||||||
4 | Facilities Act, (iii) emergency rules adopted by the Illinois | ||||||
5 | Department of Public Health under subsections (a) through (i) | ||||||
6 | of Section 2 of the Department of Public Health Act when | ||||||
7 | necessary to protect the public's health, (iv) emergency rules | ||||||
8 | adopted pursuant to subsection (n) of this Section, (v) | ||||||
9 | emergency rules adopted pursuant to subsection (o) of this | ||||||
10 | Section, or (vi) emergency rules adopted pursuant to subsection | ||||||
11 | (c-5) of this Section. Two or more emergency rules having | ||||||
12 | substantially the same
purpose and effect shall be deemed to be | ||||||
13 | a single rule for purposes of this
Section. | ||||||
14 | (c-5) To facilitate the maintenance of the program of group | ||||||
15 | health benefits provided to annuitants, survivors, and retired | ||||||
16 | employees under the State Employees Group Insurance Act of | ||||||
17 | 1971, rules to alter the contributions to be paid by the State, | ||||||
18 | annuitants, survivors, retired employees, or any combination | ||||||
19 | of those entities, for that program of group health benefits, | ||||||
20 | shall be adopted as emergency rules. The adoption of those | ||||||
21 | rules shall be considered an emergency and necessary for the | ||||||
22 | public interest, safety, and welfare. | ||||||
23 | (d) In order to provide for the expeditious and timely | ||||||
24 | implementation
of the State's fiscal year 1999 budget, | ||||||
25 | emergency rules to implement any
provision of Public Act 90-587 | ||||||
26 | or 90-588
or any other budget initiative for fiscal year 1999 |
| |||||||
| |||||||
1 | may be adopted in
accordance with this Section by the agency | ||||||
2 | charged with administering that
provision or initiative, | ||||||
3 | except that the 24-month limitation on the adoption
of | ||||||
4 | emergency rules and the provisions of Sections 5-115 and 5-125 | ||||||
5 | do not apply
to rules adopted under this subsection (d). The | ||||||
6 | adoption of emergency rules
authorized by this subsection (d) | ||||||
7 | shall be deemed to be necessary for the
public interest, | ||||||
8 | safety, and welfare. | ||||||
9 | (e) In order to provide for the expeditious and timely | ||||||
10 | implementation
of the State's fiscal year 2000 budget, | ||||||
11 | emergency rules to implement any
provision of Public Act 91-24
| ||||||
12 | or any other budget initiative for fiscal year 2000 may be | ||||||
13 | adopted in
accordance with this Section by the agency charged | ||||||
14 | with administering that
provision or initiative, except that | ||||||
15 | the 24-month limitation on the adoption
of emergency rules and | ||||||
16 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
17 | rules adopted under this subsection (e). The adoption of | ||||||
18 | emergency rules
authorized by this subsection (e) shall be | ||||||
19 | deemed to be necessary for the
public interest, safety, and | ||||||
20 | welfare. | ||||||
21 | (f) In order to provide for the expeditious and timely | ||||||
22 | implementation
of the State's fiscal year 2001 budget, | ||||||
23 | emergency rules to implement any
provision of Public Act 91-712
| ||||||
24 | or any other budget initiative for fiscal year 2001 may be | ||||||
25 | adopted in
accordance with this Section by the agency charged | ||||||
26 | with administering that
provision or initiative, except that |
| |||||||
| |||||||
1 | the 24-month limitation on the adoption
of emergency rules and | ||||||
2 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
3 | rules adopted under this subsection (f). The adoption of | ||||||
4 | emergency rules
authorized by this subsection (f) shall be | ||||||
5 | deemed to be necessary for the
public interest, safety, and | ||||||
6 | welfare. | ||||||
7 | (g) In order to provide for the expeditious and timely | ||||||
8 | implementation
of the State's fiscal year 2002 budget, | ||||||
9 | emergency rules to implement any
provision of Public Act 92-10
| ||||||
10 | or any other budget initiative for fiscal year 2002 may be | ||||||
11 | adopted in
accordance with this Section by the agency charged | ||||||
12 | with administering that
provision or initiative, except that | ||||||
13 | the 24-month limitation on the adoption
of emergency rules and | ||||||
14 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
15 | rules adopted under this subsection (g). The adoption of | ||||||
16 | emergency rules
authorized by this subsection (g) shall be | ||||||
17 | deemed to be necessary for the
public interest, safety, and | ||||||
18 | welfare. | ||||||
19 | (h) In order to provide for the expeditious and timely | ||||||
20 | implementation
of the State's fiscal year 2003 budget, | ||||||
21 | emergency rules to implement any
provision of Public Act 92-597
| ||||||
22 | or any other budget initiative for fiscal year 2003 may be | ||||||
23 | adopted in
accordance with this Section by the agency charged | ||||||
24 | with administering that
provision or initiative, except that | ||||||
25 | the 24-month limitation on the adoption
of emergency rules and | ||||||
26 | the provisions of Sections 5-115 and 5-125 do not apply
to |
| |||||||
| |||||||
1 | rules adopted under this subsection (h). The adoption of | ||||||
2 | emergency rules
authorized by this subsection (h) shall be | ||||||
3 | deemed to be necessary for the
public interest, safety, and | ||||||
4 | welfare. | ||||||
5 | (i) In order to provide for the expeditious and timely | ||||||
6 | implementation
of the State's fiscal year 2004 budget, | ||||||
7 | emergency rules to implement any
provision of Public Act 93-20
| ||||||
8 | or any other budget initiative for fiscal year 2004 may be | ||||||
9 | adopted in
accordance with this Section by the agency charged | ||||||
10 | with administering that
provision or initiative, except that | ||||||
11 | the 24-month limitation on the adoption
of emergency rules and | ||||||
12 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
13 | rules adopted under this subsection (i). The adoption of | ||||||
14 | emergency rules
authorized by this subsection (i) shall be | ||||||
15 | deemed to be necessary for the
public interest, safety, and | ||||||
16 | welfare. | ||||||
17 | (j) In order to provide for the expeditious and timely | ||||||
18 | implementation of the provisions of the State's fiscal year | ||||||
19 | 2005 budget as provided under the Fiscal Year 2005 Budget | ||||||
20 | Implementation (Human Services) Act, emergency rules to | ||||||
21 | implement any provision of the Fiscal Year 2005 Budget | ||||||
22 | Implementation (Human Services) Act may be adopted in | ||||||
23 | accordance with this Section by the agency charged with | ||||||
24 | administering that provision, except that the 24-month | ||||||
25 | limitation on the adoption of emergency rules and the | ||||||
26 | provisions of Sections 5-115 and 5-125 do not apply to rules |
| |||||||
| |||||||
1 | adopted under this subsection (j). The Department of Public Aid | ||||||
2 | may also adopt rules under this subsection (j) necessary to | ||||||
3 | administer the Illinois Public Aid Code and the Children's | ||||||
4 | Health Insurance Program Act. The adoption of emergency rules | ||||||
5 | authorized by this subsection (j) shall be deemed to be | ||||||
6 | necessary for the public interest, safety, and welfare.
| ||||||
7 | (k) In order to provide for the expeditious and timely | ||||||
8 | implementation of the provisions of the State's fiscal year | ||||||
9 | 2006 budget, emergency rules to implement any provision of | ||||||
10 | Public Act 94-48 or any other budget initiative for fiscal year | ||||||
11 | 2006 may be adopted in accordance with this Section by the | ||||||
12 | agency charged with administering that provision or | ||||||
13 | initiative, except that the 24-month limitation on the adoption | ||||||
14 | of emergency rules and the provisions of Sections 5-115 and | ||||||
15 | 5-125 do not apply to rules adopted under this subsection (k). | ||||||
16 | The Department of Healthcare and Family Services may also adopt | ||||||
17 | rules under this subsection (k) necessary to administer the | ||||||
18 | Illinois Public Aid Code, the Senior Citizens and Persons with | ||||||
19 | Disabilities Property Tax Relief Act, the Senior Citizens and | ||||||
20 | Disabled Persons Prescription Drug Discount Program Act (now | ||||||
21 | the Illinois Prescription Drug Discount Program Act), and the | ||||||
22 | Children's Health Insurance Program Act. The adoption of | ||||||
23 | emergency rules authorized by this subsection (k) shall be | ||||||
24 | deemed to be necessary for the public interest, safety, and | ||||||
25 | welfare.
| ||||||
26 | (l) In order to provide for the expeditious and timely |
| |||||||
| |||||||
1 | implementation of the provisions of the
State's fiscal year | ||||||
2 | 2007 budget, the Department of Healthcare and Family Services | ||||||
3 | may adopt emergency rules during fiscal year 2007, including | ||||||
4 | rules effective July 1, 2007, in
accordance with this | ||||||
5 | subsection to the extent necessary to administer the | ||||||
6 | Department's responsibilities with respect to amendments to | ||||||
7 | the State plans and Illinois waivers approved by the federal | ||||||
8 | Centers for Medicare and Medicaid Services necessitated by the | ||||||
9 | requirements of Title XIX and Title XXI of the federal Social | ||||||
10 | Security Act. The adoption of emergency rules
authorized by | ||||||
11 | this subsection (l) shall be deemed to be necessary for the | ||||||
12 | public interest,
safety, and welfare.
| ||||||
13 | (m) In order to provide for the expeditious and timely | ||||||
14 | implementation of the provisions of the
State's fiscal year | ||||||
15 | 2008 budget, the Department of Healthcare and Family Services | ||||||
16 | may adopt emergency rules during fiscal year 2008, including | ||||||
17 | rules effective July 1, 2008, in
accordance with this | ||||||
18 | subsection to the extent necessary to administer the | ||||||
19 | Department's responsibilities with respect to amendments to | ||||||
20 | the State plans and Illinois waivers approved by the federal | ||||||
21 | Centers for Medicare and Medicaid Services necessitated by the | ||||||
22 | requirements of Title XIX and Title XXI of the federal Social | ||||||
23 | Security Act. The adoption of emergency rules
authorized by | ||||||
24 | this subsection (m) shall be deemed to be necessary for the | ||||||
25 | public interest,
safety, and welfare.
| ||||||
26 | (n) In order to provide for the expeditious and timely |
| |||||||
| |||||||
1 | implementation of the provisions of the State's fiscal year | ||||||
2 | 2010 budget, emergency rules to implement any provision of | ||||||
3 | Public Act 96-45 or any other budget initiative authorized by | ||||||
4 | the 96th General Assembly for fiscal year 2010 may be adopted | ||||||
5 | in accordance with this Section by the agency charged with | ||||||
6 | administering that provision or initiative. The adoption of | ||||||
7 | emergency rules authorized by this subsection (n) shall be | ||||||
8 | deemed to be necessary for the public interest, safety, and | ||||||
9 | welfare. The rulemaking authority granted in this subsection | ||||||
10 | (n) shall apply only to rules promulgated during Fiscal Year | ||||||
11 | 2010. | ||||||
12 | (o) In order to provide for the expeditious and timely | ||||||
13 | implementation of the provisions of the State's fiscal year | ||||||
14 | 2011 budget, emergency rules to implement any provision of | ||||||
15 | Public Act 96-958 or any other budget initiative authorized by | ||||||
16 | the 96th General Assembly for fiscal year 2011 may be adopted | ||||||
17 | in accordance with this Section by the agency charged with | ||||||
18 | administering that provision or initiative. The adoption of | ||||||
19 | emergency rules authorized by this subsection (o) is deemed to | ||||||
20 | be necessary for the public interest, safety, and welfare. The | ||||||
21 | rulemaking authority granted in this subsection (o) applies | ||||||
22 | only to rules promulgated on or after July 1, 2010 (the | ||||||
23 | effective date of Public Act 96-958) through June 30, 2011. | ||||||
24 | (p) In order to provide for the expeditious and timely | ||||||
25 | implementation of the provisions of Public Act 97-689, | ||||||
26 | emergency rules to implement any provision of Public Act 97-689 |
| |||||||
| |||||||
1 | may be adopted in accordance with this subsection (p) by the | ||||||
2 | agency charged with administering that provision or | ||||||
3 | initiative. The 150-day limitation of the effective period of | ||||||
4 | emergency rules does not apply to rules adopted under this | ||||||
5 | subsection (p), and the effective period may continue through | ||||||
6 | June 30, 2013. The 24-month limitation on the adoption of | ||||||
7 | emergency rules does not apply to rules adopted under this | ||||||
8 | subsection (p). The adoption of emergency rules authorized by | ||||||
9 | this subsection (p) is deemed to be necessary for the public | ||||||
10 | interest, safety, and welfare. | ||||||
11 | (q) In order to provide for the expeditious and timely | ||||||
12 | implementation of the provisions of Articles 7, 8, 9, 11, and | ||||||
13 | 12 of Public Act 98-104, emergency rules to implement any | ||||||
14 | provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104 | ||||||
15 | may be adopted in accordance with this subsection (q) by the | ||||||
16 | agency charged with administering that provision or | ||||||
17 | initiative. The 24-month limitation on the adoption of | ||||||
18 | emergency rules does not apply to rules adopted under this | ||||||
19 | subsection (q). The adoption of emergency rules authorized by | ||||||
20 | this subsection (q) is deemed to be necessary for the public | ||||||
21 | interest, safety, and welfare. | ||||||
22 | (r) In order to provide for the expeditious and timely | ||||||
23 | implementation of the provisions of Public Act 98-651, | ||||||
24 | emergency rules to implement Public Act 98-651 may be adopted | ||||||
25 | in accordance with this subsection (r) by the Department of | ||||||
26 | Healthcare and Family Services. The 24-month limitation on the |
| |||||||
| |||||||
1 | adoption of emergency rules does not apply to rules adopted | ||||||
2 | under this subsection (r). The adoption of emergency rules | ||||||
3 | authorized by this subsection (r) is deemed to be necessary for | ||||||
4 | the public interest, safety, and welfare. | ||||||
5 | (s) In order to provide for the expeditious and timely | ||||||
6 | implementation of the provisions of Sections 5-5b.1 and 5A-2 of | ||||||
7 | the Illinois Public Aid Code, emergency rules to implement any | ||||||
8 | provision of Section 5-5b.1 or Section 5A-2 of the Illinois | ||||||
9 | Public Aid Code may be adopted in accordance with this | ||||||
10 | subsection (s) by the Department of Healthcare and Family | ||||||
11 | Services. The rulemaking authority granted in this subsection | ||||||
12 | (s) shall apply only to those rules adopted prior to July 1, | ||||||
13 | 2015. Notwithstanding any other provision of this Section, any | ||||||
14 | emergency rule adopted under this subsection (s) shall only | ||||||
15 | apply to payments made for State fiscal year 2015. The adoption | ||||||
16 | of emergency rules authorized by this subsection (s) is deemed | ||||||
17 | to be necessary for the public interest, safety, and welfare. | ||||||
18 | (t) In order to provide for the expeditious and timely | ||||||
19 | implementation of the provisions of Article II of Public Act | ||||||
20 | 99-6, emergency rules to implement the changes made by Article | ||||||
21 | II of Public Act 99-6 to the Emergency Telephone System Act may | ||||||
22 | be adopted in accordance with this subsection (t) by the | ||||||
23 | Department of State Police. The rulemaking authority granted in | ||||||
24 | this subsection (t) shall apply only to those rules adopted | ||||||
25 | prior to July 1, 2016. The 24-month limitation on the adoption | ||||||
26 | of emergency rules does not apply to rules adopted under this |
| |||||||
| |||||||
1 | subsection (t). The adoption of emergency rules authorized by | ||||||
2 | this subsection (t) is deemed to be necessary for the public | ||||||
3 | interest, safety, and welfare. | ||||||
4 | (u) In order to provide for the expeditious and timely | ||||||
5 | implementation of the provisions of the Burn Victims Relief | ||||||
6 | Act, emergency rules to implement any provision of the Act may | ||||||
7 | be adopted in accordance with this subsection (u) by the | ||||||
8 | Department of Insurance. The rulemaking authority granted in | ||||||
9 | this subsection (u) shall apply only to those rules adopted | ||||||
10 | prior to December 31, 2015. The adoption of emergency rules | ||||||
11 | authorized by this subsection (u) is deemed to be necessary for | ||||||
12 | the public interest, safety, and welfare. | ||||||
13 | (v) In order to provide for the expeditious and timely | ||||||
14 | implementation of the provisions of Public Act 99-516, | ||||||
15 | emergency rules to implement Public Act 99-516 may be adopted | ||||||
16 | in accordance with this subsection (v) by the Department of | ||||||
17 | Healthcare and Family Services. The 24-month limitation on the | ||||||
18 | adoption of emergency rules does not apply to rules adopted | ||||||
19 | under this subsection (v). The adoption of emergency rules | ||||||
20 | authorized by this subsection (v) is deemed to be necessary for | ||||||
21 | the public interest, safety, and welfare. | ||||||
22 | (w) In order to provide for the expeditious and timely | ||||||
23 | implementation of the provisions of Public Act 99-796, | ||||||
24 | emergency rules to implement the changes made by Public Act | ||||||
25 | 99-796 may be adopted in accordance with this subsection (w) by | ||||||
26 | the Adjutant General. The adoption of emergency rules |
| |||||||
| |||||||
1 | authorized by this subsection (w) is deemed to be necessary for | ||||||
2 | the public interest, safety, and welfare. | ||||||
3 | (x) In order to provide for the expeditious and timely | ||||||
4 | implementation of the provisions of Public Act 99-906, | ||||||
5 | emergency rules to implement subsection (i) of Section 16-115D, | ||||||
6 | subsection (g) of Section 16-128A, and subsection (a) of | ||||||
7 | Section 16-128B of the Public Utilities Act may be adopted in | ||||||
8 | accordance with this subsection (x) by the Illinois Commerce | ||||||
9 | Commission. The rulemaking authority granted in this | ||||||
10 | subsection (x) shall apply only to those rules adopted within | ||||||
11 | 180 days after June 1, 2017 (the effective date of Public Act | ||||||
12 | 99-906). The adoption of emergency rules authorized by this | ||||||
13 | subsection (x) is deemed to be necessary for the public | ||||||
14 | interest, safety, and welfare. | ||||||
15 | (y) In order to provide for the expeditious and timely | ||||||
16 | implementation of the provisions of Public Act 100-23, | ||||||
17 | emergency rules to implement the changes made by Public Act | ||||||
18 | 100-23 to Section 4.02 of the Illinois Act on the Aging, | ||||||
19 | Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code, | ||||||
20 | Section 55-30 of the Alcoholism and Other Drug Abuse and | ||||||
21 | Dependency Act, and Sections 74 and 75 of the Mental Health and | ||||||
22 | Developmental Disabilities Administrative Act may be adopted | ||||||
23 | in accordance with this subsection (y) by the respective | ||||||
24 | Department. The adoption of emergency rules authorized by this | ||||||
25 | subsection (y) is deemed to be necessary for the public | ||||||
26 | interest, safety, and welfare. |
| |||||||
| |||||||
1 | (z) In order to provide for the expeditious and timely | ||||||
2 | implementation of the provisions of Public Act 100-554, | ||||||
3 | emergency rules to implement the changes made by Public Act | ||||||
4 | 100-554 to Section 4.7 of the Lobbyist Registration Act may be | ||||||
5 | adopted in accordance with this subsection (z) by the Secretary | ||||||
6 | of State. The adoption of emergency rules authorized by this | ||||||
7 | subsection (z) is deemed to be necessary for the public | ||||||
8 | interest, safety, and welfare. | ||||||
9 | (aa) In order to provide for the expeditious and timely | ||||||
10 | initial implementation of the changes made to Articles 5, 5A, | ||||||
11 | 12, and 14 of the Illinois Public Aid Code under the provisions | ||||||
12 | of Public Act 100-581, the Department of Healthcare and Family | ||||||
13 | Services may adopt emergency rules in accordance with this | ||||||
14 | subsection (aa). The 24-month limitation on the adoption of | ||||||
15 | emergency rules does not apply to rules to initially implement | ||||||
16 | the changes made to Articles 5, 5A, 12, and 14 of the Illinois | ||||||
17 | Public Aid Code adopted under this subsection (aa). The | ||||||
18 | adoption of emergency rules authorized by this subsection (aa) | ||||||
19 | is deemed to be necessary for the public interest, safety, and | ||||||
20 | welfare. | ||||||
21 | (bb) In order to provide for the expeditious and timely | ||||||
22 | implementation of the provisions of Public Act 100-587, | ||||||
23 | emergency rules to implement the changes made by Public Act | ||||||
24 | 100-587 to Section 4.02 of the Illinois Act on the Aging, | ||||||
25 | Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code, | ||||||
26 | subsection (b) of Section 55-30 of the Alcoholism and Other |
| |||||||
| |||||||
1 | Drug Abuse and Dependency Act, Section 5-104 of the Specialized | ||||||
2 | Mental Health Rehabilitation Act of 2013, and Section 75 and | ||||||
3 | subsection (b) of Section 74 of the Mental Health and | ||||||
4 | Developmental Disabilities Administrative Act may be adopted | ||||||
5 | in accordance with this subsection (bb) by the respective | ||||||
6 | Department. The adoption of emergency rules authorized by this | ||||||
7 | subsection (bb) is deemed to be necessary for the public | ||||||
8 | interest, safety, and welfare. | ||||||
9 | (cc) In order to provide for the expeditious and timely | ||||||
10 | implementation of the provisions of Public Act 100-587, | ||||||
11 | emergency rules may be adopted in accordance with this | ||||||
12 | subsection (cc) to implement the changes made by Public Act | ||||||
13 | 100-587 to: Sections 14-147.5 and 14-147.6 of the Illinois | ||||||
14 | Pension Code by the Board created under Article 14 of the Code; | ||||||
15 | Sections 15-185.5 and 15-185.6 of the Illinois Pension Code by | ||||||
16 | the Board created under Article 15 of the Code; and Sections | ||||||
17 | 16-190.5 and 16-190.6 of the Illinois Pension Code by the Board | ||||||
18 | created under Article 16 of the Code. The adoption of emergency | ||||||
19 | rules authorized by this subsection (cc) is deemed to be | ||||||
20 | necessary for the public interest, safety, and welfare. | ||||||
21 | (dd) In order to provide for the expeditious and timely | ||||||
22 | implementation of the provisions of Public Act 100-864, | ||||||
23 | emergency rules to implement the changes made by Public Act | ||||||
24 | 100-864 to Section 3.35 of the Newborn Metabolic Screening Act | ||||||
25 | may be adopted in accordance with this subsection (dd) by the | ||||||
26 | Secretary of State. The adoption of emergency rules authorized |
| |||||||
| |||||||
1 | by this subsection (dd) is deemed to be necessary for the | ||||||
2 | public interest, safety, and welfare. | ||||||
3 | (ee) In order to provide for the expeditious and timely | ||||||
4 | implementation of the provisions of this amendatory Act of the | ||||||
5 | 100th General Assembly, emergency rules implementing the | ||||||
6 | Illinois Underground Natural Gas Storage Safety Act may be | ||||||
7 | adopted in accordance with this subsection by the Department of | ||||||
8 | Natural Resources. The adoption of emergency rules authorized | ||||||
9 | by this subsection is deemed to be necessary for the public | ||||||
10 | interest, safety, and welfare. | ||||||
11 | (ff) In order to provide for the expeditious and timely | ||||||
12 | implementation of the provisions of this amendatory Act of the | ||||||
13 | 101st General Assembly, emergency rules may be adopted by the | ||||||
14 | Department of Labor in accordance with this subsection (ff) to | ||||||
15 | implement the changes made by this amendatory Act of the 101st | ||||||
16 | General Assembly to the Minimum Wage Law. The adoption of | ||||||
17 | emergency rules authorized by this subsection (ff) is deemed to | ||||||
18 | be necessary for the public interest, safety, and welfare. | ||||||
19 | (gg) In order to provide for the expeditious and timely | ||||||
20 | implementation of the provisions of the Sports Wagering Act, | ||||||
21 | emergency rules to implement the Sports Wagering Act may be | ||||||
22 | adopted in accordance with this subsection (gg) by the Illinois | ||||||
23 | Gaming Board. The adoption of emergency rules authorized by | ||||||
24 | this subsection (gg) is deemed to be necessary for the public | ||||||
25 | interest, safety, and welfare. | ||||||
26 | (Source: P.A. 100-23, eff. 7-6-17; 100-554, eff. 11-16-17; |
| |||||||
| |||||||
1 | 100-581, eff. 3-12-18; 100-587, Article 95, Section 95-5, eff. | ||||||
2 | 6-4-18; 100-587, Article 110, Section 110-5, eff. 6-4-18; | ||||||
3 | 100-864, eff. 8-14-18; 100-1172, eff. 1-4-19; 101-1, eff. | ||||||
4 | 2-19-19.)
| ||||||
5 | Section 905. The State Finance Act is amended by adding | ||||||
6 | Section 5.891 as follows:
| ||||||
7 | (30 ILCS 105/5.891 new) | ||||||
8 | Sec. 5.891. The Sports Wagering Fund.
| ||||||
9 | Section 910. The Criminal Code of 2012 is amended by | ||||||
10 | changing Sections 28-1, 28-3,
and 28-5 as follows:
| ||||||
11 | (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
| ||||||
12 | Sec. 28-1. Gambling.
| ||||||
13 | (a) A person commits gambling when he or she:
| ||||||
14 | (1) knowingly plays a game of chance or skill for money | ||||||
15 | or other thing of
value, unless excepted in subsection (b) | ||||||
16 | of this Section;
| ||||||
17 | (2) knowingly makes a wager upon the result of any | ||||||
18 | game, contest, or any
political nomination, appointment or | ||||||
19 | election;
| ||||||
20 | (3) knowingly operates, keeps, owns, uses, purchases, | ||||||
21 | exhibits, rents, sells,
bargains for the sale or lease of, | ||||||
22 | manufactures or distributes any
gambling device;
|
| |||||||
| |||||||
1 | (4) contracts to have or give himself or herself or | ||||||
2 | another the option to buy
or sell, or contracts to buy or | ||||||
3 | sell, at a future time, any grain or
other commodity | ||||||
4 | whatsoever, or any stock or security of any company,
where | ||||||
5 | it is at the time of making such contract intended by both | ||||||
6 | parties
thereto that the contract to buy or sell, or the | ||||||
7 | option, whenever
exercised, or the contract resulting | ||||||
8 | therefrom, shall be settled, not by
the receipt or delivery | ||||||
9 | of such property, but by the payment only of
differences in | ||||||
10 | prices thereof; however, the issuance, purchase, sale,
| ||||||
11 | exercise, endorsement or guarantee, by or through a person | ||||||
12 | registered
with the Secretary of State pursuant to Section | ||||||
13 | 8 of the Illinois
Securities Law of 1953, or by or through | ||||||
14 | a person exempt from such
registration under said Section | ||||||
15 | 8, of a put, call, or other option to
buy or sell | ||||||
16 | securities which have been registered with the Secretary of
| ||||||
17 | State or which are exempt from such registration under | ||||||
18 | Section 3 of the
Illinois Securities Law of 1953 is not | ||||||
19 | gambling within the meaning of
this paragraph (4);
| ||||||
20 | (5) knowingly owns or possesses any book, instrument or | ||||||
21 | apparatus by
means of which bets or wagers have been, or | ||||||
22 | are, recorded or registered,
or knowingly possesses any | ||||||
23 | money which he has received in the course of
a bet or | ||||||
24 | wager;
| ||||||
25 | (6) knowingly sells pools upon the result of any game | ||||||
26 | or contest of skill or
chance, political nomination, |
| |||||||
| |||||||
1 | appointment or election;
| ||||||
2 | (7) knowingly sets up or promotes any lottery or sells, | ||||||
3 | offers to sell or
transfers any ticket or share for any | ||||||
4 | lottery;
| ||||||
5 | (8) knowingly sets up or promotes any policy game or | ||||||
6 | sells, offers to sell or
knowingly possesses or transfers | ||||||
7 | any policy ticket, slip, record,
document or other similar | ||||||
8 | device;
| ||||||
9 | (9) knowingly drafts, prints or publishes any lottery | ||||||
10 | ticket or share,
or any policy ticket, slip, record, | ||||||
11 | document or similar device, except for
such activity | ||||||
12 | related to lotteries, bingo games and raffles authorized by
| ||||||
13 | and conducted in accordance with the laws of Illinois or | ||||||
14 | any other state or
foreign government;
| ||||||
15 | (10) knowingly advertises any lottery or policy game, | ||||||
16 | except for such
activity related to lotteries, bingo games | ||||||
17 | and raffles authorized by and
conducted in accordance with | ||||||
18 | the laws of Illinois or any other state;
| ||||||
19 | (11) knowingly transmits information as to wagers, | ||||||
20 | betting odds, or
changes in betting odds by telephone, | ||||||
21 | telegraph, radio, semaphore or
similar means; or knowingly | ||||||
22 | installs or maintains equipment for the
transmission or | ||||||
23 | receipt of such information; except that nothing in this
| ||||||
24 | subdivision (11) prohibits transmission or receipt of such | ||||||
25 | information
for use in news reporting of sporting events or | ||||||
26 | contests; or
|
| |||||||
| |||||||
1 | (12) knowingly establishes, maintains, or operates an | ||||||
2 | Internet site that
permits a person to play a game of
| ||||||
3 | chance or skill for money or other thing of value by means | ||||||
4 | of the Internet or
to make a wager upon the
result of any | ||||||
5 | game, contest, political nomination, appointment, or
| ||||||
6 | election by means of the Internet. This item (12) does not | ||||||
7 | apply to activities referenced in items (6) , and (6.1) , or | ||||||
8 | (15) of subsection (b) of this Section.
| ||||||
9 | (b) Participants in any of the following activities shall | ||||||
10 | not be
convicted of gambling:
| ||||||
11 | (1) Agreements to compensate for loss caused by the | ||||||
12 | happening of
chance including without limitation contracts | ||||||
13 | of indemnity or guaranty
and life or health or accident | ||||||
14 | insurance.
| ||||||
15 | (2) Offers of prizes, award or compensation to the | ||||||
16 | actual
contestants in any bona fide contest for the | ||||||
17 | determination of skill,
speed, strength or endurance or to | ||||||
18 | the owners of animals or vehicles
entered in such contest.
| ||||||
19 | (3) Pari-mutuel betting as authorized by the law of | ||||||
20 | this State.
| ||||||
21 | (4) Manufacture of gambling devices, including the | ||||||
22 | acquisition of
essential parts therefor and the assembly | ||||||
23 | thereof, for transportation in
interstate or foreign | ||||||
24 | commerce to any place outside this State when such
| ||||||
25 | transportation is not prohibited by any applicable Federal | ||||||
26 | law; or the
manufacture, distribution, or possession of |
| |||||||
| |||||||
1 | video gaming terminals, as
defined in the Video Gaming Act, | ||||||
2 | by manufacturers, distributors, and
terminal operators | ||||||
3 | licensed to do so under the Video Gaming Act.
| ||||||
4 | (5) The game commonly known as "bingo", when conducted | ||||||
5 | in accordance
with the Bingo License and Tax Act.
| ||||||
6 | (6) Lotteries when conducted by the State of Illinois | ||||||
7 | in accordance
with the Illinois Lottery Law. This exemption | ||||||
8 | includes any activity conducted by the Department of | ||||||
9 | Revenue to sell lottery tickets pursuant to the provisions | ||||||
10 | of the Illinois Lottery Law and its rules.
| ||||||
11 | (6.1) The purchase of lottery tickets through the | ||||||
12 | Internet for a lottery conducted by the State of Illinois | ||||||
13 | under the program established in Section 7.12 of the | ||||||
14 | Illinois Lottery Law.
| ||||||
15 | (7) Possession of an antique slot machine that is | ||||||
16 | neither used nor
intended to be used in the operation or | ||||||
17 | promotion of any unlawful
gambling activity or enterprise. | ||||||
18 | For the purpose of this subparagraph
(b)(7), an antique | ||||||
19 | slot machine is one manufactured 25 years ago or earlier.
| ||||||
20 | (8) Raffles and poker runs when conducted in accordance | ||||||
21 | with the Raffles and Poker Runs Act.
| ||||||
22 | (9) Charitable games when conducted in accordance with | ||||||
23 | the Charitable
Games Act.
| ||||||
24 | (10) Pull tabs and jar games when conducted under the | ||||||
25 | Illinois Pull
Tabs and Jar Games Act.
| ||||||
26 | (11) Gambling games conducted on riverboats when
|
| |||||||
| |||||||
1 | authorized by the Riverboat Gambling Act.
| ||||||
2 | (12) Video gaming terminal games at a licensed | ||||||
3 | establishment, licensed truck stop establishment,
licensed
| ||||||
4 | fraternal establishment, or licensed veterans | ||||||
5 | establishment when
conducted in accordance with the Video | ||||||
6 | Gaming Act. | ||||||
7 | (13) Games of skill or chance where money or other | ||||||
8 | things of value can be won but no payment or purchase is | ||||||
9 | required to participate. | ||||||
10 | (14) Savings promotion raffles authorized under | ||||||
11 | Section 5g of the Illinois Banking Act, Section 7008 of the | ||||||
12 | Savings Bank Act, Section 42.7 of the Illinois Credit Union | ||||||
13 | Act, Section 5136B of the National Bank Act (12 U.S.C. | ||||||
14 | 25a), or Section 4 of the Home Owners' Loan Act (12 U.S.C. | ||||||
15 | 1463). | ||||||
16 | (15) Sports wagering when conducted in accordance with | ||||||
17 | the Sports Wagering Act. | ||||||
18 | (c) Sentence.
| ||||||
19 | Gambling is a
Class A misdemeanor. A second or
subsequent | ||||||
20 | conviction under subsections (a)(3) through (a)(12),
is a Class | ||||||
21 | 4 felony.
| ||||||
22 | (d) Circumstantial evidence.
| ||||||
23 | In prosecutions under
this
Section circumstantial evidence | ||||||
24 | shall have the same validity and weight as
in any criminal | ||||||
25 | prosecution.
| ||||||
26 | (Source: P.A. 98-644, eff. 6-10-14; 99-149, eff. 1-1-16 .)
|
| |||||||
| |||||||
1 | (720 ILCS 5/28-3)
(from Ch. 38, par. 28-3)
| ||||||
2 | Sec. 28-3. Keeping a Gambling Place. A "gambling place" is | ||||||
3 | any real
estate, vehicle, boat or any other property whatsoever | ||||||
4 | used for the
purposes of gambling other than gambling conducted | ||||||
5 | in the manner authorized
by the Riverboat Gambling Act , the | ||||||
6 | Sports Wagering Act, or the Video Gaming Act. Any person who
| ||||||
7 | knowingly permits any premises
or property owned or occupied by | ||||||
8 | him or under his control to be used as a
gambling place commits | ||||||
9 | a Class A misdemeanor. Each subsequent offense is a
Class 4 | ||||||
10 | felony. When any premises is determined by the circuit court to | ||||||
11 | be
a gambling place:
| ||||||
12 | (a) Such premises is a public nuisance and may be proceeded | ||||||
13 | against as such,
and
| ||||||
14 | (b) All licenses, permits or certificates issued by the | ||||||
15 | State of
Illinois or any subdivision or public agency thereof | ||||||
16 | authorizing the
serving of food or liquor on such premises | ||||||
17 | shall be void; and no license,
permit or certificate so | ||||||
18 | cancelled shall be reissued for such premises for
a period of | ||||||
19 | 60 days thereafter; nor shall any person convicted of keeping a
| ||||||
20 | gambling place be reissued such license
for one year from his | ||||||
21 | conviction and, after a second conviction of keeping
a gambling | ||||||
22 | place, any such person shall not be reissued such license, and
| ||||||
23 | (c) Such premises of any person who knowingly permits | ||||||
24 | thereon a
violation of any Section of this Article shall be | ||||||
25 | held liable for, and may
be sold to pay any unsatisfied |
| |||||||
| |||||||
1 | judgment that may be recovered and any
unsatisfied fine that | ||||||
2 | may be levied under any Section of this Article.
| ||||||
3 | (Source: P.A. 96-34, eff. 7-13-09.)
| ||||||
4 | (720 ILCS 5/28-5) (from Ch. 38, par. 28-5)
| ||||||
5 | Sec. 28-5. Seizure of gambling devices and gambling funds.
| ||||||
6 | (a) Every device designed for gambling which is incapable | ||||||
7 | of lawful use
or every device used unlawfully for gambling | ||||||
8 | shall be considered a
"gambling device", and shall be subject | ||||||
9 | to seizure, confiscation and
destruction by the Department of | ||||||
10 | State Police or by any municipal, or other
local authority, | ||||||
11 | within whose jurisdiction the same may be found. As used
in | ||||||
12 | this Section, a "gambling device" includes any slot machine, | ||||||
13 | and
includes any machine or device constructed for the | ||||||
14 | reception of money or
other thing of value and so constructed | ||||||
15 | as to return, or to cause someone
to return, on chance to the | ||||||
16 | player thereof money, property or a right to
receive money or | ||||||
17 | property. With the exception of any device designed for
| ||||||
18 | gambling which is incapable of lawful use, no gambling device | ||||||
19 | shall be
forfeited or destroyed unless an individual with a | ||||||
20 | property interest in
said device knows of the unlawful use of | ||||||
21 | the device.
| ||||||
22 | (b) Every gambling device shall be seized and forfeited to | ||||||
23 | the county
wherein such seizure occurs. Any money or other | ||||||
24 | thing of value integrally
related to acts of gambling shall be | ||||||
25 | seized and forfeited to the county
wherein such seizure occurs.
|
| |||||||
| |||||||
1 | (c) If, within 60 days after any seizure pursuant to | ||||||
2 | subparagraph
(b) of this Section, a person having any property | ||||||
3 | interest in the seized
property is charged with an offense, the | ||||||
4 | court which renders judgment
upon such charge shall, within 30 | ||||||
5 | days after such judgment, conduct a
forfeiture hearing to | ||||||
6 | determine whether such property was a gambling device
at the | ||||||
7 | time of seizure. Such hearing shall be commenced by a written
| ||||||
8 | petition by the State, including material allegations of fact, | ||||||
9 | the name
and address of every person determined by the State to | ||||||
10 | have any property
interest in the seized property, a | ||||||
11 | representation that written notice of
the date, time and place | ||||||
12 | of such hearing has been mailed to every such
person by | ||||||
13 | certified mail at least 10 days before such date, and a
request | ||||||
14 | for forfeiture. Every such person may appear as a party and
| ||||||
15 | present evidence at such hearing. The quantum of proof required | ||||||
16 | shall
be a preponderance of the evidence, and the burden of | ||||||
17 | proof shall be on
the State. If the court determines that the | ||||||
18 | seized property was
a gambling device at the time of seizure, | ||||||
19 | an order of forfeiture and
disposition of the seized property | ||||||
20 | shall be entered: a gambling device
shall be received by the | ||||||
21 | State's Attorney, who shall effect its
destruction, except that | ||||||
22 | valuable parts thereof may be liquidated and
the resultant | ||||||
23 | money shall be deposited in the general fund of the county
| ||||||
24 | wherein such seizure occurred; money and other things of value | ||||||
25 | shall be
received by the State's Attorney and, upon | ||||||
26 | liquidation, shall be
deposited in the general fund of the |
| |||||||
| |||||||
1 | county wherein such seizure
occurred. However, in the event | ||||||
2 | that a defendant raises the defense
that the seized slot | ||||||
3 | machine is an antique slot machine described in
subparagraph | ||||||
4 | (b) (7) of Section 28-1 of this Code and therefore he is
exempt | ||||||
5 | from the charge of a gambling activity participant, the seized
| ||||||
6 | antique slot machine shall not be destroyed or otherwise | ||||||
7 | altered until a
final determination is made by the Court as to | ||||||
8 | whether it is such an
antique slot machine. Upon a final | ||||||
9 | determination by the Court of this
question in favor of the | ||||||
10 | defendant, such slot machine shall be
immediately returned to | ||||||
11 | the defendant. Such order of forfeiture and
disposition shall, | ||||||
12 | for the purposes of appeal, be a final order and
judgment in a | ||||||
13 | civil proceeding.
| ||||||
14 | (d) If a seizure pursuant to subparagraph (b) of this | ||||||
15 | Section is not
followed by a charge pursuant to subparagraph | ||||||
16 | (c) of this Section, or if
the prosecution of such charge is | ||||||
17 | permanently terminated or indefinitely
discontinued without | ||||||
18 | any judgment of conviction or acquittal (1) the
State's | ||||||
19 | Attorney shall commence an in rem proceeding for the forfeiture
| ||||||
20 | and destruction of a gambling device, or for the forfeiture and | ||||||
21 | deposit
in the general fund of the county of any seized money | ||||||
22 | or other things of
value, or both, in the circuit court and (2) | ||||||
23 | any person having any
property interest in such seized gambling | ||||||
24 | device, money or other thing
of value may commence separate | ||||||
25 | civil proceedings in the manner provided
by law.
| ||||||
26 | (e) Any gambling device displayed for sale to a riverboat |
| |||||||
| |||||||
1 | gambling
operation or used to train occupational licensees of a | ||||||
2 | riverboat gambling
operation as authorized under the Riverboat | ||||||
3 | Gambling Act is exempt from
seizure under this Section.
| ||||||
4 | (f) Any gambling equipment, devices and supplies provided | ||||||
5 | by a licensed
supplier in accordance with the Riverboat | ||||||
6 | Gambling Act which are removed
from the riverboat for repair | ||||||
7 | are exempt from seizure under this Section.
| ||||||
8 | (g) The following video gaming terminals are exempt from | ||||||
9 | seizure under this Section: | ||||||
10 | (1) Video gaming terminals for sale to a licensed | ||||||
11 | distributor or operator under the Video Gaming Act. | ||||||
12 | (2) Video gaming terminals used to train licensed | ||||||
13 | technicians or licensed terminal handlers. | ||||||
14 | (3) Video gaming terminals that are removed from a | ||||||
15 | licensed establishment, licensed truck stop establishment,
| ||||||
16 | licensed
fraternal establishment, or licensed veterans | ||||||
17 | establishment for repair. | ||||||
18 | (h) Property seized or forfeited under this Section is | ||||||
19 | subject to reporting under the Seizure and Forfeiture Reporting | ||||||
20 | Act. | ||||||
21 | (i) Any sports wagering equipment, devices, and supplies | ||||||
22 | provided by a licensed supplier that are removed from a gaming | ||||||
23 | facility for repair under the Sports Wagering Act are exempt | ||||||
24 | from seizure under this Section. | ||||||
25 | (Source: P.A. 100-512, eff. 7-1-18 .)
|
| |||||||
| |||||||
1 | Section 999. Effective date. This Act takes effect upon | ||||||
2 | becoming law.".
|