Illinois General Assembly - Full Text of HB5847
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Full Text of HB5847  102nd General Assembly

HB5847 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5847

 

Introduced , by Rep. Lamont J. Robinson, Jr.

 

SYNOPSIS AS INTRODUCED:
 
230 ILCS 45/25-10
230 ILCS 45/25-40

    Amends the Sports Wagering Act. Defines "eligible professional sports team". Provides that an eligible professional sports team may apply to the Illinois Gaming Board for a master sports wagering license. Provides that if a sports facility is owned by a governmental entity, one professional sports team that plays its home contests at the same sports facility or its designee may apply for a master sports wagering license in place of the relevant sports facility if that eligible professional sports team or its designee has received written authorization from the relevant sports facility. Provides that if more than one professional sports team plays its home contests at the same sports facility, written authorization is required from all sports teams that play home contests at the sports facility. Provides that a master sports wagering licensee initial and renewal license fee shall be reduced by 50% for the sports facility, an eligible professional sports team, or its designee of a sports facility or an eligible professional sports team that meets the provided social equity applicant guidelines. Allows a sports facility, an eligible professional sports team, or its designee of a sports facility or an eligible professional sports team issued a master sports wagering licensee to conduct sports wagering at or within 5,000 lineal feet of the sports facility (rather than within a 5-block radius of the sports facility) and to conduct sports wagering over the Internet within the territorial limits of the State (rather than within a 5-block radius of the sports facility). Provides for key persons of an application for a master sports wagering license.


LRB102 29460 AMQ 41462 b

 

 

A BILL FOR

 

HB5847LRB102 29460 AMQ 41462 b

1    AN ACT concerning gaming.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Sports Wagering Act is amended by changing
5Sections 25-10 and 25-40 as follows:
 
6    (230 ILCS 45/25-10)
7    Sec. 25-10. Definitions. As used in this Act:
8    "Adjusted gross sports wagering receipts" means a master
9sports wagering licensee's gross sports wagering receipts,
10less winnings paid to wagerers in such games.
11    "Athlete" means any current or former professional athlete
12or collegiate athlete.
13    "Board" means the Illinois Gaming Board.
14    "Covered persons" includes athletes; umpires, referees,
15and officials; personnel associated with clubs, teams,
16leagues, and athletic associations; medical professionals
17(including athletic trainers) who provide services to athletes
18and players; and the family members and associates of these
19persons where required to serve the purposes of this Act.
20    "Department" means the Department of the Lottery.
21    "Eligible professional sports team" means a professional
22sports team eligible to apply for a master sports wagering
23license under subsection (b-5) of Section 25-40.

 

 

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1    "Gaming facility" means a facility at which gambling
2operations are conducted under the Illinois Gambling Act,
3pari-mutuel wagering is conducted under the Illinois Horse
4Racing Act of 1975, or sports wagering is conducted under this
5Act.
6    "Official league data" means statistics, results,
7outcomes, and other data related to a sports event obtained
8pursuant to an agreement with the relevant sports governing
9body, or an entity expressly authorized by the sports
10governing body to provide such information to licensees, that
11authorizes the use of such data for determining the outcome of
12tier 2 sports wagers on such sports events.
13    "Organization licensee" has the meaning given to that term
14in the Illinois Horse Racing Act of 1975.
15    "Owners licensee" means the holder of an owners license
16under the Illinois Gambling Act.
17    "Person" means an individual, partnership, committee,
18association, corporation, or any other organization or group
19of persons.
20    "Personal biometric data" means an athlete's information
21derived from DNA, heart rate, blood pressure, perspiration
22rate, internal or external body temperature, hormone levels,
23glucose levels, hydration levels, vitamin levels, bone
24density, muscle density, and sleep patterns.
25    "Prohibited conduct" includes any statement, action, and
26other communication intended to influence, manipulate, or

 

 

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1control a betting outcome of a sporting contest or of any
2individual occurrence or performance in a sporting contest in
3exchange for financial gain or to avoid financial or physical
4harm. "Prohibited conduct" includes statements, actions, and
5communications made to a covered person by a third party, such
6as a family member or through social media. "Prohibited
7conduct" does not include statements, actions, or
8communications made or sanctioned by a team or sports
9governing body.
10    "Qualified applicant" means an applicant for a license
11under this Act whose application meets the mandatory minimum
12qualification criteria as required by the Board.
13    "Sporting contest" means a sports event or game on which
14the State allows sports wagering to occur under this Act.
15    "Sports event" means a professional sport or athletic
16event, a collegiate sport or athletic event, a motor race
17event, or any other event or competition of relative skill
18authorized by the Board under this Act.
19    "Sports facility" means a facility that hosts sports
20events and holds a seating capacity greater than 17,000
21persons, except in a municipality with a population of more
22than 1,000,000, a seating capacity greater than 10,000
23persons.
24    "Sports governing body" means the organization that
25prescribes final rules and enforces codes of conduct with
26respect to a sports event and participants therein.

 

 

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1    "Sports wagering" means accepting wagers on sports events
2or portions of sports events, or on the individual performance
3statistics of athletes in a sports event or combination of
4sports events, by any system or method of wagering, including,
5but not limited to, in person or over the Internet through
6websites and on mobile devices. "Sports wagering" includes,
7but is not limited to, single-game bets, teaser bets, parlays,
8over-under, moneyline, pools, exchange wagering, in-game
9wagering, in-play bets, proposition bets, and straight bets.
10    "Sports wagering account" means a financial record
11established by a master sports wagering licensee for an
12individual patron in which the patron may deposit and withdraw
13funds for sports wagering and other authorized purchases and
14to which the master sports wagering licensee may credit
15winnings or other amounts due to that patron or authorized by
16that patron.
17    "Tier 1 sports wager" means a sports wager that is
18determined solely by the final score or final outcome of the
19sports event and is placed before the sports event has begun.
20    "Tier 2 sports wager" means a sports wager that is not a
21tier 1 sports wager.
22    "Wager" means a sum of money or thing of value risked on an
23uncertain occurrence.
24    "Winning bidder" means a qualified applicant for a master
25sports wagering license chosen through the competitive
26selection process under Section 25-45.

 

 

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1(Source: P.A. 101-31, eff. 6-28-19; 102-689, eff. 12-17-21.)
 
2    (230 ILCS 45/25-40)
3    Sec. 25-40. Master sports wagering license issued to a
4sports facility.
5    (a) As used in this Section, "designee" means a master
6sports wagering licensee under Section 25-30, 25-35, or 25-45
7or a management services provider licensee.
8    (b) A sports facility, an eligible professional sports
9team that is subject to the requirements of subsection (b-5),
10or a designee contracted by a sports facility or an eligible
11professional sports team to operate sports wagering at or
12within a 5-block radius of the sports facility may apply to the
13Board for a master sports wagering license. To the extent
14permitted by federal and State law, the Board shall actively
15seek to achieve racial, ethnic, and geographic diversity when
16issuing master sports wagering licenses to sports facilities
17or their designees and encourage minority-owned businesses,
18women-owned businesses, veteran-owned businesses, and
19businesses owned by persons with disabilities to apply for
20licensure. Additionally, the report published under subsection
21(m) of Section 25-45 shall impact the issuance of the master
22sports wagering license to the extent permitted by federal and
23State law.
24    For the purposes of this subsection (b) and subsection
25(e-5), "minority-owned business", "women-owned business", and

 

 

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1"business owned by persons with disabilities" have the
2meanings given to those terms in Section 2 of the Business
3Enterprise for Minorities, Women, and Persons with
4Disabilities Act.
5    (b-5) If a sports facility is owned by a governmental
6entity, one professional sports team that plays its home
7contests at the same sports facility or its designee may apply
8for a master sports wagering license in place of the relevant
9sports facility if that eligible professional sports team or
10its designee has received written authorization from the
11relevant sports facility. If more than one professional sports
12team plays its home contests at the same sports facility,
13written authorization is required from all sports teams that
14play home contests at the sports facility.
15    (c) The Board may issue up to 7 master sports wagering
16licenses to applicants that qualify as a sports facility, an
17eligible professional sports team, or a designee of a sports
18facility or an eligible professional sports team sports
19facilities or their designees that meet the requirements for
20licensure as determined by rule by the Board. If more than 7
21qualified applicants apply for a master sports wagering
22license under this Section, the licenses shall be granted in
23the order in which the applications were received. If a
24license is denied, revoked, or not renewed, the Board may
25begin a new application process and issue a license under this
26Section in the order in which the application was received.

 

 

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1    (d) The initial license fee for a master sports wagering
2license for a sports facility is $10,000,000. The master
3sports wagering license is valid for 4 years. A master sports
4wagering licensee initial license fee shall be reduced by 50%
5for the sports facility, an eligible professional sports team,
6or its designee of a sports facility or an eligible
7professional sports team that meets the social equity
8applicant guidelines under subsection (e-5).
9    (e) The sports facility, an eligible professional sports
10team, or its designee of a sports facility or an eligible
11professional sports team may renew the master sports wagering
12license for a period of 4 years by paying a $1,000,000 renewal
13fee to the Board. A master sports wagering license renewal fee
14shall be reduced by 50% for the sports facility, an eligible
15professional sports team, or its designee of a sports facility
16or an eligible professional sports team that meets the social
17equity applicant guidelines under subsection (e-5).
18    (e-5) A master sports wagering licensee may apply for an
19initial or renewal license fee reduction as a social equity
20applicant under subsections (d) and (e). To qualify as a
21social equity applicant, the following must be applicable:
22        (1) the applicant, or its designee, including all
23    individuals and entities with a 10% or greater ownership
24    and all parent companies, subsidiaries, and affiliates, is
25    at least a 15% minority-owned business, women-owned
26    business, or business owned by persons with disabilities;

 

 

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1    and
2        (2) the applicant, or its designee, including all
3    individuals and entities with a 10% or greater ownership
4    and all parent companies, subsidiaries, and affiliates,
5    has less than a total of $50,000,000 of income in the
6    previous calendar year.
7    The Board may require social equity applicants to attest
8that they meet the requirements for a fee waiver and to provide
9evidence of annual total income in the previous calendar year.
10    If the Board determines that an applicant, or its
11designee, who applied as a social equity applicant is not
12eligible for such status, the applicant, or its designee,
13shall be provided an additional 10 days to provide alternative
14evidence that he or she qualifies as a social equity
15applicant. Alternatively, the applicant, or its designee, may
16pay the remainder of the waived fee and be considered as a
17non-social equity applicant. If the applicant, or its
18designee, cannot do either, then the Board may keep the
19initial application fee or renewal fee and the application
20shall not be graded.
21    Additionally, the report published under subsection (m) of
22Section 25-45 may impact the issuance of this reduction of
23initial and renewal license fees to social equity applicants
24to the extent permitted by federal and State law.
25    (f) A sports facility, an eligible professional sports
26team, or its designee of a sports facility or an eligible

 

 

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1professional sports team issued a master sports wagering
2license may conduct sports wagering at or within 5,000 lineal
3feet a 5-block radius of the sports facility.
4    (g) A sports facility, an eligible professional sports
5team, or its designee of a sports facility or an eligible
6professional sports team issued a master sports wagering
7license may conduct sports wagering over the Internet within
8the sports facility or within the territorial limits of the
9State a 5-block radius of the sports facility.
10    (h) The sports wagering offered by a sports facility, an
11eligible professional sports team, or its designee of a sports
12facility or an eligible professional sports team over the
13Internet or through a mobile application shall be offered
14under the same brand as the sports facility is operating
15under, the brand the eligible professional sports team is
16operating under, the brand the designee is operating under, or
17a combination thereof.
18    (i) Until issuance of the first license under Section
1925-45 or March 5, 2022, whichever occurs first, an individual
20must register in person at a sports facility or the designee's
21facility to participate in sports wagering offered over the
22Internet or through a mobile application.
23    (j) When (i) a designee contracted to operate sports
24wagering by a sports facility, (ii) an eligible professional
25sports team, or (iii) a designee contracted to operate sports
26wagering by an eligible professional sports team is the

 

 

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1applicant for a master sports wagering license issued at a
2sports facility, the owners of the sports facility shall not
3be considered key persons of the application.
4    When a designee contracted to operate sports wagering by a
5sports facility is the applicant for a master sports wagering
6license issued to a sports facility, the owners of any
7relevant sports team that plays its home contests at the
8sports facility shall not be considered key persons of the
9application.
10(Source: P.A. 101-31, eff. 6-28-19; 102-689, eff. 12-17-21.)