Full Text of HB1260 101st General Assembly
HB1260ham001 101ST GENERAL ASSEMBLY | Rep. Michael J. Zalewski Filed: 5/8/2019
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| 1 | | AMENDMENT TO HOUSE BILL 1260
| 2 | | AMENDMENT NO. ______. Amend House Bill 1260 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Article 1. Sporting Contest Safety and Integrity Act | 5 | | Section 1-1. Short title. This Article may be cited as the | 6 | | Sporting Contest Safety and Integrity Act. References in
this | 7 | | Article to "this Act" mean this Article. | 8 | | Section 1-5. Definitions. As used in this Act: | 9 | | "Athlete" means any current, former, or prospective | 10 | | professional athlete. | 11 | | "Board" means the Illinois Gaming Board. | 12 | | "Covered persons" includes athletes; players (current and | 13 | | former); umpires, referees, and officials; personnel | 14 | | associated with players, clubs, teams, leagues, and athletic | 15 | | associations; medical professionals (including athletic |
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| 1 | | trainers) who provide services to athletes and players; | 2 | | spectators and bystanders at sporting contests and facilities | 3 | | used in connection with sporting contests; other individuals | 4 | | with regular access to sporting contest fields and facilities; | 5 | | and the family members and associates of these persons where | 6 | | required to serve the purposes of this Act. | 7 | | "Person" means any individual, partnership, corporation, | 8 | | association, or other entity. | 9 | | "Personal data" means the personal data (including | 10 | | anonymized data) of athletes and players, including, but not | 11 | | limited to, performance, movement, biometric, health, fitness, | 12 | | and sleep, collected in any manner, including, but not limited | 13 | | to, in-arena, stadium, and training facility ball tracking | 14 | | systems and player tracking systems, whether or not using | 15 | | devices attached to the athlete's person or clothing. "Personal | 16 | | data" does not include personal health information in which the | 17 | | use and disclosure are covered by federal and State laws. | 18 | | "Persons who present sporting contests" includes organized | 19 | | sports leagues and associations, their members and affiliates, | 20 | | and other persons who present sporting contests to the public. | 21 | | "Prohibited conduct" includes any statement, action, and | 22 | | other communication intended to influence, manipulate, or | 23 | | control a betting outcome of a sporting contest or of any | 24 | | individual occurrence or performance in a sporting contest in | 25 | | exchange for financial gain or to avoid financial or physical | 26 | | harm. "Prohibited conduct" includes statements, actions, and |
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| 1 | | communications made to a covered person by a third party, such | 2 | | as a family member or through social media. | 3 | | "Publicity rights" means a person's right to control and to | 4 | | choose whether and how to use his or her identity for | 5 | | commercial purposes. | 6 | | "Sporting contest" means a sports event or game on which | 7 | | the State allows sports wagering to occur under the Sports | 8 | | Wagering Act. | 9 | | Section 1-10. Personal safety and sporting contests. | 10 | | (a) Any person who presents a sporting contest must take | 11 | | all reasonable measures necessary to ensure the safety and | 12 | | security of all involved in or attending the sporting contest, | 13 | | including athletes, players, umpires, referees, officials, and | 14 | | other personnel associated with the athlete, player, club, | 15 | | team, league, or association involved and spectators at the | 16 | | sporting contest and family members and associates of such | 17 | | persons, where required to serve the purposes of this Act. | 18 | | (b) The requirement in subsection (a) applies in all areas | 19 | | where the sporting contest occurs and in associated areas, | 20 | | including areas of entry and egress, seating, adjacent | 21 | | concourses, food vending, restrooms, locker rooms, restricted | 22 | | areas, and parking lots. It also applies at other locations | 23 | | within the control of a person who presents a sporting event, | 24 | | such as training, practice, or strength and conditioning | 25 | | facilities or facilities temporarily utilized for team or club |
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| 1 | | events. | 2 | | (c) Persons who present sporting contests shall establish | 3 | | codes of conduct that forbid all persons associated with the | 4 | | sporting contest from engaging in physical assault or attempted | 5 | | assault, verbal or physical threats, or any other interactions | 6 | | that intimidate others associated with the sporting contest. | 7 | | (d) Persons who present sporting contests are required to | 8 | | hire, train, and equip safety and security personnel to enforce | 9 | | the code of conduct and otherwise address any safety or | 10 | | security concern associated with the sporting contests. | 11 | | (e) Persons who present sporting contests shall have | 12 | | authority to remove spectators and others from any facility for | 13 | | violation of the code of conduct, and, after appropriate | 14 | | procedure, to deny persons access to all facilities they | 15 | | control, to revoke season tickets or comparable licenses, and | 16 | | to share information about such persons with others who present | 17 | | sporting contests and with the appropriate jurisdictions' law | 18 | | enforcement authorities. | 19 | | (f) Persons who present sporting contests shall provide | 20 | | notice to the general public and those who attend sporting | 21 | | contests or visit their facilities of the code of conduct and | 22 | | the potential penalties for its violation. Notice shall be | 23 | | provided in as many forms as required to ensure that the code | 24 | | of conduct is known, including physical posting, website | 25 | | posting, public address announcements, and others. |
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| 1 | | Section 1-15. Reporting prohibited conduct; investigating | 2 | | allegations of gambling related fraud. | 3 | | (a) The Board shall establish a hotline or other method of | 4 | | communication that allows any person to confidentially report | 5 | | information about prohibited conduct to the Board. | 6 | | (b) The Board shall investigate all reasonable allegations | 7 | | of prohibited conduct and refer any allegations it deems | 8 | | credible to the appropriate law enforcement entity. | 9 | | (c) The identity of any reporting person shall remain | 10 | | confidential unless that person authorizes disclosure of his or | 11 | | her identity or until such time as the allegation of prohibited | 12 | | conduct is referred to law enforcement. | 13 | | (d) The Board shall adopt emergency rules to administer | 14 | | this Section in accordance with Section 5-45 of the Illinois | 15 | | Administrative Procedure Act. | 16 | | (e)The Board shall adopt rules governing investigations of | 17 | | prohibited conduct and referrals to law enforcement entities. | 18 | | Section 1-20. Use and sale of personal data. | 19 | | (a) Unless expressly authorized by the player or his or her | 20 | | exclusive bargaining representative, any personal data may not | 21 | | be used by any party without the player's permission. | 22 | | (b) No person who presents sporting contests may separately | 23 | | sell personal data that includes player publicity rights | 24 | | without the player's written consent or the written consent of | 25 | | the player's authorized agent. |
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| 1 | | Section 1-900. The Illinois Administrative Procedure Act | 2 | | is amended by changing Section 5-45 as follows: | 3 | | (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45) | 4 | | Sec. 5-45. Emergency rulemaking. | 5 | | (a) "Emergency" means the existence of any situation that | 6 | | any agency
finds reasonably constitutes a threat to the public | 7 | | interest, safety, or
welfare. | 8 | | (b) If any agency finds that an
emergency exists that | 9 | | requires adoption of a rule upon fewer days than
is required by | 10 | | Section 5-40 and states in writing its reasons for that
| 11 | | finding, the agency may adopt an emergency rule without prior | 12 | | notice or
hearing upon filing a notice of emergency rulemaking | 13 | | with the Secretary of
State under Section 5-70. The notice | 14 | | shall include the text of the
emergency rule and shall be | 15 | | published in the Illinois Register. Consent
orders or other | 16 | | court orders adopting settlements negotiated by an agency
may | 17 | | be adopted under this Section. Subject to applicable | 18 | | constitutional or
statutory provisions, an emergency rule | 19 | | becomes effective immediately upon
filing under Section 5-65 or | 20 | | at a stated date less than 10 days
thereafter. The agency's | 21 | | finding and a statement of the specific reasons
for the finding | 22 | | shall be filed with the rule. The agency shall take
reasonable | 23 | | and appropriate measures to make emergency rules known to the
| 24 | | persons who may be affected by them. |
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| 1 | | (c) An emergency rule may be effective for a period of not | 2 | | longer than
150 days, but the agency's authority to adopt an | 3 | | identical rule under Section
5-40 is not precluded. No | 4 | | emergency rule may be adopted more
than once in any 24-month | 5 | | period, except that this limitation on the number
of emergency | 6 | | rules that may be adopted in a 24-month period does not apply
| 7 | | to (i) emergency rules that make additions to and deletions | 8 | | from the Drug
Manual under Section 5-5.16 of the Illinois | 9 | | Public Aid Code or the
generic drug formulary under Section | 10 | | 3.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) | 11 | | emergency rules adopted by the Pollution Control
Board before | 12 | | July 1, 1997 to implement portions of the Livestock Management
| 13 | | Facilities Act, (iii) emergency rules adopted by the Illinois | 14 | | Department of Public Health under subsections (a) through (i) | 15 | | of Section 2 of the Department of Public Health Act when | 16 | | necessary to protect the public's health, (iv) emergency rules | 17 | | adopted pursuant to subsection (n) of this Section, (v) | 18 | | emergency rules adopted pursuant to subsection (o) of this | 19 | | Section, or (vi) emergency rules adopted pursuant to subsection | 20 | | (c-5) of this Section. Two or more emergency rules having | 21 | | substantially the same
purpose and effect shall be deemed to be | 22 | | a single rule for purposes of this
Section. | 23 | | (c-5) To facilitate the maintenance of the program of group | 24 | | health benefits provided to annuitants, survivors, and retired | 25 | | employees under the State Employees Group Insurance Act of | 26 | | 1971, rules to alter the contributions to be paid by the State, |
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| 1 | | annuitants, survivors, retired employees, or any combination | 2 | | of those entities, for that program of group health benefits, | 3 | | shall be adopted as emergency rules. The adoption of those | 4 | | rules shall be considered an emergency and necessary for the | 5 | | public interest, safety, and welfare. | 6 | | (d) In order to provide for the expeditious and timely | 7 | | implementation
of the State's fiscal year 1999 budget, | 8 | | emergency rules to implement any
provision of Public Act 90-587 | 9 | | or 90-588
or any other budget initiative for fiscal year 1999 | 10 | | may be adopted in
accordance with this Section by the agency | 11 | | charged with administering that
provision or initiative, | 12 | | except that the 24-month limitation on the adoption
of | 13 | | emergency rules and the provisions of Sections 5-115 and 5-125 | 14 | | do not apply
to rules adopted under this subsection (d). The | 15 | | adoption of emergency rules
authorized by this subsection (d) | 16 | | shall be deemed to be necessary for the
public interest, | 17 | | safety, and welfare. | 18 | | (e) In order to provide for the expeditious and timely | 19 | | implementation
of the State's fiscal year 2000 budget, | 20 | | emergency rules to implement any
provision of Public Act 91-24
| 21 | | or any other budget initiative for fiscal year 2000 may be | 22 | | adopted in
accordance with this Section by the agency charged | 23 | | with administering that
provision or initiative, except that | 24 | | the 24-month limitation on the adoption
of emergency rules and | 25 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 26 | | rules adopted under this subsection (e). The adoption of |
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| 1 | | emergency rules
authorized by this subsection (e) shall be | 2 | | deemed to be necessary for the
public interest, safety, and | 3 | | welfare. | 4 | | (f) In order to provide for the expeditious and timely | 5 | | implementation
of the State's fiscal year 2001 budget, | 6 | | emergency rules to implement any
provision of Public Act 91-712
| 7 | | or any other budget initiative for fiscal year 2001 may be | 8 | | adopted in
accordance with this Section by the agency charged | 9 | | with administering that
provision or initiative, except that | 10 | | the 24-month limitation on the adoption
of emergency rules and | 11 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 12 | | rules adopted under this subsection (f). The adoption of | 13 | | emergency rules
authorized by this subsection (f) shall be | 14 | | deemed to be necessary for the
public interest, safety, and | 15 | | welfare. | 16 | | (g) In order to provide for the expeditious and timely | 17 | | implementation
of the State's fiscal year 2002 budget, | 18 | | emergency rules to implement any
provision of Public Act 92-10
| 19 | | or any other budget initiative for fiscal year 2002 may be | 20 | | adopted in
accordance with this Section by the agency charged | 21 | | with administering that
provision or initiative, except that | 22 | | the 24-month limitation on the adoption
of emergency rules and | 23 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 24 | | rules adopted under this subsection (g). The adoption of | 25 | | emergency rules
authorized by this subsection (g) shall be | 26 | | deemed to be necessary for the
public interest, safety, and |
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| 1 | | welfare. | 2 | | (h) In order to provide for the expeditious and timely | 3 | | implementation
of the State's fiscal year 2003 budget, | 4 | | emergency rules to implement any
provision of Public Act 92-597
| 5 | | or any other budget initiative for fiscal year 2003 may be | 6 | | adopted in
accordance with this Section by the agency charged | 7 | | with administering that
provision or initiative, except that | 8 | | the 24-month limitation on the adoption
of emergency rules and | 9 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 10 | | rules adopted under this subsection (h). The adoption of | 11 | | emergency rules
authorized by this subsection (h) shall be | 12 | | deemed to be necessary for the
public interest, safety, and | 13 | | welfare. | 14 | | (i) In order to provide for the expeditious and timely | 15 | | implementation
of the State's fiscal year 2004 budget, | 16 | | emergency rules to implement any
provision of Public Act 93-20
| 17 | | or any other budget initiative for fiscal year 2004 may be | 18 | | adopted in
accordance with this Section by the agency charged | 19 | | with administering that
provision or initiative, except that | 20 | | the 24-month limitation on the adoption
of emergency rules and | 21 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 22 | | rules adopted under this subsection (i). The adoption of | 23 | | emergency rules
authorized by this subsection (i) shall be | 24 | | deemed to be necessary for the
public interest, safety, and | 25 | | welfare. | 26 | | (j) In order to provide for the expeditious and timely |
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| 1 | | implementation of the provisions of the State's fiscal year | 2 | | 2005 budget as provided under the Fiscal Year 2005 Budget | 3 | | Implementation (Human Services) Act, emergency rules to | 4 | | implement any provision of the Fiscal Year 2005 Budget | 5 | | Implementation (Human Services) Act may be adopted in | 6 | | accordance with this Section by the agency charged with | 7 | | administering that provision, except that the 24-month | 8 | | limitation on the adoption of emergency rules and the | 9 | | provisions of Sections 5-115 and 5-125 do not apply to rules | 10 | | adopted under this subsection (j). The Department of Public Aid | 11 | | may also adopt rules under this subsection (j) necessary to | 12 | | administer the Illinois Public Aid Code and the Children's | 13 | | Health Insurance Program Act. The adoption of emergency rules | 14 | | authorized by this subsection (j) shall be deemed to be | 15 | | necessary for the public interest, safety, and welfare.
| 16 | | (k) In order to provide for the expeditious and timely | 17 | | implementation of the provisions of the State's fiscal year | 18 | | 2006 budget, emergency rules to implement any provision of | 19 | | Public Act 94-48 or any other budget initiative for fiscal year | 20 | | 2006 may be adopted in accordance with this Section by the | 21 | | agency charged with administering that provision or | 22 | | initiative, except that the 24-month limitation on the adoption | 23 | | of emergency rules and the provisions of Sections 5-115 and | 24 | | 5-125 do not apply to rules adopted under this subsection (k). | 25 | | The Department of Healthcare and Family Services may also adopt | 26 | | rules under this subsection (k) necessary to administer the |
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| 1 | | Illinois Public Aid Code, the Senior Citizens and Persons with | 2 | | Disabilities Property Tax Relief Act, the Senior Citizens and | 3 | | Disabled Persons Prescription Drug Discount Program Act (now | 4 | | the Illinois Prescription Drug Discount Program Act), and the | 5 | | Children's Health Insurance Program Act. The adoption of | 6 | | emergency rules authorized by this subsection (k) shall be | 7 | | deemed to be necessary for the public interest, safety, and | 8 | | welfare.
| 9 | | (l) In order to provide for the expeditious and timely | 10 | | implementation of the provisions of the
State's fiscal year | 11 | | 2007 budget, the Department of Healthcare and Family Services | 12 | | may adopt emergency rules during fiscal year 2007, including | 13 | | rules effective July 1, 2007, in
accordance with this | 14 | | subsection to the extent necessary to administer the | 15 | | Department's responsibilities with respect to amendments to | 16 | | the State plans and Illinois waivers approved by the federal | 17 | | Centers for Medicare and Medicaid Services necessitated by the | 18 | | requirements of Title XIX and Title XXI of the federal Social | 19 | | Security Act. The adoption of emergency rules
authorized by | 20 | | this subsection (l) shall be deemed to be necessary for the | 21 | | public interest,
safety, and welfare.
| 22 | | (m) In order to provide for the expeditious and timely | 23 | | implementation of the provisions of the
State's fiscal year | 24 | | 2008 budget, the Department of Healthcare and Family Services | 25 | | may adopt emergency rules during fiscal year 2008, including | 26 | | rules effective July 1, 2008, in
accordance with this |
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| 1 | | subsection to the extent necessary to administer the | 2 | | Department's responsibilities with respect to amendments to | 3 | | the State plans and Illinois waivers approved by the federal | 4 | | Centers for Medicare and Medicaid Services necessitated by the | 5 | | requirements of Title XIX and Title XXI of the federal Social | 6 | | Security Act. The adoption of emergency rules
authorized by | 7 | | this subsection (m) shall be deemed to be necessary for the | 8 | | public interest,
safety, and welfare.
| 9 | | (n) In order to provide for the expeditious and timely | 10 | | implementation of the provisions of the State's fiscal year | 11 | | 2010 budget, emergency rules to implement any provision of | 12 | | Public Act 96-45 or any other budget initiative authorized by | 13 | | the 96th General Assembly for fiscal year 2010 may be adopted | 14 | | in accordance with this Section by the agency charged with | 15 | | administering that provision or initiative. The adoption of | 16 | | emergency rules authorized by this subsection (n) shall be | 17 | | deemed to be necessary for the public interest, safety, and | 18 | | welfare. The rulemaking authority granted in this subsection | 19 | | (n) shall apply only to rules promulgated during Fiscal Year | 20 | | 2010. | 21 | | (o) In order to provide for the expeditious and timely | 22 | | implementation of the provisions of the State's fiscal year | 23 | | 2011 budget, emergency rules to implement any provision of | 24 | | Public Act 96-958 or any other budget initiative authorized by | 25 | | the 96th General Assembly for fiscal year 2011 may be adopted | 26 | | in accordance with this Section by the agency charged with |
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| 1 | | administering that provision or initiative. The adoption of | 2 | | emergency rules authorized by this subsection (o) is deemed to | 3 | | be necessary for the public interest, safety, and welfare. The | 4 | | rulemaking authority granted in this subsection (o) applies | 5 | | only to rules promulgated on or after July 1, 2010 (the | 6 | | effective date of Public Act 96-958) through June 30, 2011. | 7 | | (p) In order to provide for the expeditious and timely | 8 | | implementation of the provisions of Public Act 97-689, | 9 | | emergency rules to implement any provision of Public Act 97-689 | 10 | | may be adopted in accordance with this subsection (p) by the | 11 | | agency charged with administering that provision or | 12 | | initiative. The 150-day limitation of the effective period of | 13 | | emergency rules does not apply to rules adopted under this | 14 | | subsection (p), and the effective period may continue through | 15 | | June 30, 2013. The 24-month limitation on the adoption of | 16 | | emergency rules does not apply to rules adopted under this | 17 | | subsection (p). The adoption of emergency rules authorized by | 18 | | this subsection (p) is deemed to be necessary for the public | 19 | | interest, safety, and welfare. | 20 | | (q) In order to provide for the expeditious and timely | 21 | | implementation of the provisions of Articles 7, 8, 9, 11, and | 22 | | 12 of Public Act 98-104, emergency rules to implement any | 23 | | provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104 | 24 | | may be adopted in accordance with this subsection (q) by the | 25 | | agency charged with administering that provision or | 26 | | initiative. The 24-month limitation on the adoption of |
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| 1 | | emergency rules does not apply to rules adopted under this | 2 | | subsection (q). The adoption of emergency rules authorized by | 3 | | this subsection (q) is deemed to be necessary for the public | 4 | | interest, safety, and welfare. | 5 | | (r) In order to provide for the expeditious and timely | 6 | | implementation of the provisions of Public Act 98-651, | 7 | | emergency rules to implement Public Act 98-651 may be adopted | 8 | | in accordance with this subsection (r) by the Department of | 9 | | Healthcare and Family Services. The 24-month limitation on the | 10 | | adoption of emergency rules does not apply to rules adopted | 11 | | under this subsection (r). The adoption of emergency rules | 12 | | authorized by this subsection (r) is deemed to be necessary for | 13 | | the public interest, safety, and welfare. | 14 | | (s) In order to provide for the expeditious and timely | 15 | | implementation of the provisions of Sections 5-5b.1 and 5A-2 of | 16 | | the Illinois Public Aid Code, emergency rules to implement any | 17 | | provision of Section 5-5b.1 or Section 5A-2 of the Illinois | 18 | | Public Aid Code may be adopted in accordance with this | 19 | | subsection (s) by the Department of Healthcare and Family | 20 | | Services. The rulemaking authority granted in this subsection | 21 | | (s) shall apply only to those rules adopted prior to July 1, | 22 | | 2015. Notwithstanding any other provision of this Section, any | 23 | | emergency rule adopted under this subsection (s) shall only | 24 | | apply to payments made for State fiscal year 2015. The adoption | 25 | | of emergency rules authorized by this subsection (s) is deemed | 26 | | to be necessary for the public interest, safety, and welfare. |
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| 1 | | (t) In order to provide for the expeditious and timely | 2 | | implementation of the provisions of Article II of Public Act | 3 | | 99-6, emergency rules to implement the changes made by Article | 4 | | II of Public Act 99-6 to the Emergency Telephone System Act may | 5 | | be adopted in accordance with this subsection (t) by the | 6 | | Department of State Police. The rulemaking authority granted in | 7 | | this subsection (t) shall apply only to those rules adopted | 8 | | prior to July 1, 2016. The 24-month limitation on the adoption | 9 | | of emergency rules does not apply to rules adopted under this | 10 | | subsection (t). The adoption of emergency rules authorized by | 11 | | this subsection (t) is deemed to be necessary for the public | 12 | | interest, safety, and welfare. | 13 | | (u) In order to provide for the expeditious and timely | 14 | | implementation of the provisions of the Burn Victims Relief | 15 | | Act, emergency rules to implement any provision of the Act may | 16 | | be adopted in accordance with this subsection (u) by the | 17 | | Department of Insurance. The rulemaking authority granted in | 18 | | this subsection (u) shall apply only to those rules adopted | 19 | | prior to December 31, 2015. The adoption of emergency rules | 20 | | authorized by this subsection (u) is deemed to be necessary for | 21 | | the public interest, safety, and welfare. | 22 | | (v) In order to provide for the expeditious and timely | 23 | | implementation of the provisions of Public Act 99-516, | 24 | | emergency rules to implement Public Act 99-516 may be adopted | 25 | | in accordance with this subsection (v) by the Department of | 26 | | Healthcare and Family Services. The 24-month limitation on the |
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| 1 | | adoption of emergency rules does not apply to rules adopted | 2 | | under this subsection (v). The adoption of emergency rules | 3 | | authorized by this subsection (v) is deemed to be necessary for | 4 | | the public interest, safety, and welfare. | 5 | | (w) In order to provide for the expeditious and timely | 6 | | implementation of the provisions of Public Act 99-796, | 7 | | emergency rules to implement the changes made by Public Act | 8 | | 99-796 may be adopted in accordance with this subsection (w) by | 9 | | the Adjutant General. The adoption of emergency rules | 10 | | authorized by this subsection (w) is deemed to be necessary for | 11 | | the public interest, safety, and welfare. | 12 | | (x) In order to provide for the expeditious and timely | 13 | | implementation of the provisions of Public Act 99-906, | 14 | | emergency rules to implement subsection (i) of Section 16-115D, | 15 | | subsection (g) of Section 16-128A, and subsection (a) of | 16 | | Section 16-128B of the Public Utilities Act may be adopted in | 17 | | accordance with this subsection (x) by the Illinois Commerce | 18 | | Commission. The rulemaking authority granted in this | 19 | | subsection (x) shall apply only to those rules adopted within | 20 | | 180 days after June 1, 2017 (the effective date of Public Act | 21 | | 99-906). The adoption of emergency rules authorized by this | 22 | | subsection (x) is deemed to be necessary for the public | 23 | | interest, safety, and welfare. | 24 | | (y) In order to provide for the expeditious and timely | 25 | | implementation of the provisions of Public Act 100-23, | 26 | | emergency rules to implement the changes made by Public Act |
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| 1 | | 100-23 to Section 4.02 of the Illinois Act on the Aging, | 2 | | Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code, | 3 | | Section 55-30 of the Alcoholism and Other Drug Abuse and | 4 | | Dependency Act, and Sections 74 and 75 of the Mental Health and | 5 | | Developmental Disabilities Administrative Act may be adopted | 6 | | in accordance with this subsection (y) by the respective | 7 | | Department. The adoption of emergency rules authorized by this | 8 | | subsection (y) is deemed to be necessary for the public | 9 | | interest, safety, and welfare. | 10 | | (z) In order to provide for the expeditious and timely | 11 | | implementation of the provisions of Public Act 100-554, | 12 | | emergency rules to implement the changes made by Public Act | 13 | | 100-554 to Section 4.7 of the Lobbyist Registration Act may be | 14 | | adopted in accordance with this subsection (z) by the Secretary | 15 | | of State. The adoption of emergency rules authorized by this | 16 | | subsection (z) is deemed to be necessary for the public | 17 | | interest, safety, and welfare. | 18 | | (aa) In order to provide for the expeditious and timely | 19 | | initial implementation of the changes made to Articles 5, 5A, | 20 | | 12, and 14 of the Illinois Public Aid Code under the provisions | 21 | | of Public Act 100-581, the Department of Healthcare and Family | 22 | | Services may adopt emergency rules in accordance with this | 23 | | subsection (aa). The 24-month limitation on the adoption of | 24 | | emergency rules does not apply to rules to initially implement | 25 | | the changes made to Articles 5, 5A, 12, and 14 of the Illinois | 26 | | Public Aid Code adopted under this subsection (aa). The |
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| 1 | | adoption of emergency rules authorized by this subsection (aa) | 2 | | is deemed to be necessary for the public interest, safety, and | 3 | | welfare. | 4 | | (bb) In order to provide for the expeditious and timely | 5 | | implementation of the provisions of Public Act 100-587, | 6 | | emergency rules to implement the changes made by Public Act | 7 | | 100-587 to Section 4.02 of the Illinois Act on the Aging, | 8 | | Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code, | 9 | | subsection (b) of Section 55-30 of the Alcoholism and Other | 10 | | Drug Abuse and Dependency Act, Section 5-104 of the Specialized | 11 | | Mental Health Rehabilitation Act of 2013, and Section 75 and | 12 | | subsection (b) of Section 74 of the Mental Health and | 13 | | Developmental Disabilities Administrative Act may be adopted | 14 | | in accordance with this subsection (bb) by the respective | 15 | | Department. The adoption of emergency rules authorized by this | 16 | | subsection (bb) is deemed to be necessary for the public | 17 | | interest, safety, and welfare. | 18 | | (cc) In order to provide for the expeditious and timely | 19 | | implementation of the provisions of Public Act 100-587, | 20 | | emergency rules may be adopted in accordance with this | 21 | | subsection (cc) to implement the changes made by Public Act | 22 | | 100-587 to: Sections 14-147.5 and 14-147.6 of the Illinois | 23 | | Pension Code by the Board created under Article 14 of the Code; | 24 | | Sections 15-185.5 and 15-185.6 of the Illinois Pension Code by | 25 | | the Board created under Article 15 of the Code; and Sections | 26 | | 16-190.5 and 16-190.6 of the Illinois Pension Code by the Board |
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| 1 | | created under Article 16 of the Code. The adoption of emergency | 2 | | rules authorized by this subsection (cc) is deemed to be | 3 | | necessary for the public interest, safety, and welfare. | 4 | | (dd) In order to provide for the expeditious and timely | 5 | | implementation of the provisions of Public Act 100-864, | 6 | | emergency rules to implement the changes made by Public Act | 7 | | 100-864 to Section 3.35 of the Newborn Metabolic Screening Act | 8 | | may be adopted in accordance with this subsection (dd) by the | 9 | | Secretary of State. The adoption of emergency rules authorized | 10 | | by this subsection (dd) is deemed to be necessary for the | 11 | | public interest, safety, and welfare. | 12 | | (ee) In order to provide for the expeditious and timely | 13 | | implementation of the provisions of Public Act 100-1172 this | 14 | | amendatory Act of the 100th General Assembly , emergency rules | 15 | | implementing the Illinois Underground Natural Gas Storage | 16 | | Safety Act may be adopted in accordance with this subsection by | 17 | | the Department of Natural Resources. The adoption of emergency | 18 | | rules authorized by this subsection is deemed to be necessary | 19 | | for the public interest, safety, and welfare. | 20 | | (ff) (ee) In order to provide for the expeditious and | 21 | | timely initial implementation of the changes made to Articles | 22 | | 5A and 14 of the Illinois Public Aid Code under the provisions | 23 | | of Public Act 100-1181 this amendatory Act of the 100th General | 24 | | Assembly , the Department of Healthcare and Family Services may | 25 | | on a one-time-only basis adopt emergency rules in accordance | 26 | | with this subsection (ff) (ee) . The 24-month limitation on the |
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| 1 | | adoption of emergency rules does not apply to rules to | 2 | | initially implement the changes made to Articles 5A and 14 of | 3 | | the Illinois Public Aid Code adopted under this subsection (ff) | 4 | | (ee) . The adoption of emergency rules authorized by this | 5 | | subsection (ff) (ee) is deemed to be necessary for the public | 6 | | interest, safety, and welfare. | 7 | | (gg) (ff) In order to provide for the expeditious and | 8 | | timely implementation of the provisions of Public Act 101-1 | 9 | | this amendatory Act of the 101st General Assembly , emergency | 10 | | rules may be adopted by the Department of Labor in accordance | 11 | | with this subsection (gg) (ff) to implement the changes made by | 12 | | Public Act 101-1 this amendatory Act of the 101st General | 13 | | Assembly to the Minimum Wage Law. The adoption of emergency | 14 | | rules authorized by this subsection (gg) (ff) is deemed to be | 15 | | necessary for the public interest, safety, and welfare. | 16 | | (hh) In order to provide for the expeditious and timely | 17 | | implementation of the Sporting Contest Safety and Integrity | 18 | | Act, emergency rules to implement the Sporting Contest Safety | 19 | | and Integrity Act may be adopted in accordance with this | 20 | | subsection (hh) by the Illinois Gaming Board. The adoption of | 21 | | emergency rules authorized by this subsection (hh) is deemed to | 22 | | be necessary for the public interest, safety, and welfare. | 23 | | (Source: P.A. 100-23, eff. 7-6-17; 100-554, eff. 11-16-17; | 24 | | 100-581, eff. 3-12-18; 100-587, Article 95, Section 95-5, eff. | 25 | | 6-4-18; 100-587, Article 110, Section 110-5, eff. 6-4-18; | 26 | | 100-864, eff. 8-14-18; 100-1172, eff. 1-4-19; 100-1181, eff. |
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| 1 | | 3-8-19; 101-1, eff. 2-19-19; revised 4-2-19.) | 2 | | Article 5. Sports Wagering Act | 3 | | Section 5-1. Short title. This Act may be cited as the | 4 | | Sports Wagering Act. References in
this Article to "this Act" | 5 | | mean this Article. | 6 | | Section 5-5. Definitions. As used in this Act: | 7 | | "Adjusted gross sports wagering receipts" means a master | 8 | | sports wagering licensee's gross sports wagering receipts, | 9 | | less winnings paid to wagerers in such games. | 10 | | "Board" means the Illinois Gaming Board. | 11 | | "Class A terminal operator" means a terminal operator under | 12 | | the Video Gaming Act with $60,000,000 or less in net terminal | 13 | | income the previous calendar year. | 14 | | "Class B terminal operator" means a terminal operator under | 15 | | the Video Gaming Act with more than $60,000,000 in net terminal | 16 | | income the previous calendar year. | 17 | | "Department" means the Department of the Lottery. | 18 | | "Net terminal income" means money put into a video gaming | 19 | | terminal minus credits paid out to players. | 20 | | "Sports event" means a professional sport or athletic | 21 | | event, a collegiate sport or athletic event, a motor race | 22 | | event, or any other event or competition of relative skill | 23 | | authorized by the Board under this Act. |
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| 1 | | "Sports facility" includes Guaranteed Rate Field, located | 2 | | at 333 West 35th Street in Chicago, Soldier Field, located at | 3 | | 1410 Museum Campus Drive in Chicago, United Center, located at | 4 | | 1901 West Madison in Chicago, Wrigley Field, located at 1060 | 5 | | West Addison in Chicago, and the site of a professional golf | 6 | | tournament conducted by the Professional Golfers' Association
| 7 | | of America within the State on a temporary basis during the | 8 | | relevant tournament. | 9 | | "Sports governing body" means the organization that | 10 | | prescribes final rules and enforces codes of conduct with | 11 | | respect to a sports event and participants therein. | 12 | | "Sports wagering" means accepting wagers on sports events | 13 | | or portions of sports events, or on the individual performance | 14 | | statistics of athletes in a sports event or combination of | 15 | | sports events, by any system or method of wagering, including, | 16 | | but not limited to, in person or over the Internet through | 17 | | websites and on mobile devices. "Sports wagering" includes, but | 18 | | is not limited to, single-game bets, teaser bets, parlays, | 19 | | over-under, moneyline, pools, exchange wagering, in-game | 20 | | wagering, in-play bets, proposition bets, and straight bets. | 21 | | "Sports wagering account" means a financial record | 22 | | established by a master sports wagering licensee for an | 23 | | individual patron in which the patron may deposit and withdraw | 24 | | funds and other authorized purchases and to which the master | 25 | | sports wagering licensee may credit winnings or other amounts | 26 | | due to that patron or authorized by that patron. |
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| 1 | | "Sports wagering skin" means the brand used by the master | 2 | | sports wagering licensee as presented through a portal, | 3 | | website, or computer or mobile application or app through which | 4 | | authorized sports wagering is made available to authorized | 5 | | participants by a master sports wagering licensee. | 6 | | Section 5-10. Sports wagering authorized. | 7 | | (a) Notwithstanding any provision of law to the contrary, | 8 | | the operation of sports wagering and ancillary activities are | 9 | | only lawful when conducted in accordance with the provisions of | 10 | | this Act and the rules of the Illinois Gaming Board and the | 11 | | Department of the Lottery. | 12 | | (b) A person placing a wager under this Act shall be at | 13 | | least 21 years of age. | 14 | | (c) The Board shall adopt rules for licensure of the | 15 | | following: | 16 | | (1) a license to supply a master sports wagering | 17 | | licensee with sports wagering equipment or services | 18 | | necessary for the operation of sports wagering (supplier | 19 | | license), which shall require a license fee of $150,000 and | 20 | | a renewal fee of $150,000 every 5 years; | 21 | | (2) a license to be employed by a master sports | 22 | | wagering licensee when the employee works in a designated | 23 | | gaming area that has sports wagering or performs duties in | 24 | | furtherance of or associated with the operation of sports | 25 | | wagering by the master sports wagering licensee |
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| 1 | | (occupational license), which shall require an annual | 2 | | license fee of $250; and | 3 | | (3) a license to provide management services under a | 4 | | contract to a master sports wagering licensee (management | 5 | | services provider license), which shall require a license | 6 | | fee of $500,000 and a renewal fee of $500,000 every 5 | 7 | | years. | 8 | | Section 5-15. Master sports wagering license issued to an | 9 | | organization licensee. | 10 | | (a) An organization licensee under the Illinois Horse | 11 | | Racing Act of 1975 may apply for a master sports wagering | 12 | | license. | 13 | | (b) To be issued a master sports wagering license, an | 14 | | organization licensee shall pay $10,000,000 or 5% of its handle | 15 | | from the previous calendar year, whichever is greater, to the | 16 | | Board. | 17 | | (c) Five years after issuance of the master sports wagering | 18 | | license, the organization licensee shall pay a $1,000,000 | 19 | | renewal fee to the Board. | 20 | | (d) An organization licensee issued a master sports | 21 | | wagering license may conduct sports wagering: | 22 | | (1) at its facility at which inter-track wagering is | 23 | | conducted pursuant to an inter-track wagering license | 24 | | under the Illinois Horse Racing Act of 1975; and | 25 | | (2) upon paying a $5,000,000 fee in addition to fees |
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| 1 | | due in subsection (b), at 3 inter-track wagering location | 2 | | licensees that derive their licenses from the organization | 3 | | licensee or through a sports wagering skin. | 4 | | Section 5-20. Master sports wagering license issued to an | 5 | | owners licensee. | 6 | | (a) An owners licensee under the Riverboat Gambling Act may | 7 | | apply for a master sports wagering license. | 8 | | (b) To be issued a master sports wagering license, an | 9 | | owners licensee shall pay $10,000,000 or 5% of its adjusted | 10 | | gross receipts from the previous calendar year, whichever is | 11 | | greater, to the Board. | 12 | | (c) Five years after issuance of the master sports wagering | 13 | | license, the owners licensee shall pay a $1,000,000 renewal fee | 14 | | to the Board. | 15 | | (d) An owners licensee issued a master sports wagering | 16 | | license may conduct sports wagering: | 17 | | (1) at its facility in this State that is authorized to | 18 | | conduct gambling operations under the Riverboat Gambling | 19 | | Act; and | 20 | | (2) upon paying a $5,000,000 fee in addition to fees | 21 | | due in subsection (b), at a location other than its | 22 | | facility, including a sports facility, or through a sports | 23 | | wagering skin. | 24 | | Section 5-25. Master sports wagering license issued to a |
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| 1 | | Class A terminal operator. | 2 | | (a) A pool of at least 10 Class A terminal operators may | 3 | | collectively apply for a master sports wagering license. The | 4 | | Board may issue a master sports wagering license to a pool of | 5 | | at least 10 approved Class A terminal operators. | 6 | | (b) To be issued a master sports wagering license, the pool | 7 | | shall pay $10,000,000 or 5% of the pool's collective net | 8 | | terminal income from the previous calendar year, whichever is | 9 | | greater, to the Board. | 10 | | (c) Five years after issuance of a master sports wagering | 11 | | license, the pool of at least 10 Class A terminal operators | 12 | | shall pay a $1,000,000 renewal fee to the Board. | 13 | | (d) A Class A terminal operator in a pool issued a master | 14 | | sports wagering license may conduct sports wagering: | 15 | | (1) at 10% of the combined licensed establishments, | 16 | | licensed truck stop establishments, licensed fraternal | 17 | | establishments, and licensed veterans establishments that | 18 | | it places video gaming terminals; and | 19 | | (2) through a sports wagering skin collectively with | 20 | | the other Class A terminal operators in the pool. | 21 | | Section 5-30. Master sports wagering license issued to a | 22 | | Class B terminal operator. | 23 | | (a) A Class B terminal operator may apply for a master | 24 | | sports wagering license. | 25 | | (b) To be issued a master sports wagering license, a Class |
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| 1 | | B terminal operator shall pay $10,000,000 or 5% of its net | 2 | | terminal income from the previous calendar year, whichever is | 3 | | greater, to the Board. | 4 | | (c) Five years after issuance of the master sports wagering | 5 | | license, the Class B terminal operator shall pay a $1,000,000 | 6 | | renewal fee to the Board. | 7 | | (d) A Class B terminal operator issued a master sports | 8 | | wagering license may conduct sports wagering: | 9 | | (1) at 10% of the combined licensed establishments, | 10 | | licensed truck stop establishments, licensed fraternal | 11 | | establishments, and licensed veterans establishments that | 12 | | it places video gaming terminals; and | 13 | | (2) through a sports wagering skin. | 14 | | Section 5-35. Sports wagering skin license. | 15 | | (a) Each master sports wagering licensee shall be limited | 16 | | to one sports wagering skin to provide sports wagering online. | 17 | | Each sports wagering skin must reflect a brand owned by the | 18 | | master sports wagering licensee or any affiliate of the master | 19 | | sports wagering licensee in the United States. As used in this | 20 | | subsection, "affiliate" means a person that directly, or | 21 | | indirectly through one or more intermediaries, controls, is | 22 | | controlled by, or is under common control with a master sports | 23 | | wagering licensee. | 24 | | (b) The Board may issue a sports wagering skin license to | 25 | | an entity that provides a nonrefundable license fee of |
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| 1 | | $5,000,000. The sports wagering skin license may be renewed | 2 | | after 5 years upon payment of a $1,000,000 renewal fee. | 3 | | Section 5-40. Sports wagering at a sports facility. A | 4 | | master sports wagering licensee may not conduct sports wagering | 5 | | at a facility within a 5-block radius of a sports facility. | 6 | | However, sports wagering may be offered in person at or within | 7 | | a 5-block radius of a sports facility if sports wagering is | 8 | | offered by a master sports wagering licensee and the master | 9 | | sports wagering licensee has received written authorization | 10 | | from the Major League Baseball, National Basketball | 11 | | Association, National Football League, or National Hockey | 12 | | League team that plays its home contests at the sports facility | 13 | | or the Professional Golfers' Association
of America for a | 14 | | professional golf tournament. If more than one professional | 15 | | sports team plays its home contests at the same sports | 16 | | facility, written authorization is required from all the | 17 | | professional sports teams that play home contests at the sports | 18 | | facility. | 19 | | Section 5-45. Initial license and renewal requirements for | 20 | | master sports wagering licenses obtained by an organization | 21 | | licensee. No master sports wagering license may be awarded to | 22 | | or renewed for any entity that is eligible for a master sports | 23 | | wagering license because of an organization license awarded by | 24 | | the Illinois Racing Board, unless the entity meets the |
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| 1 | | following criteria: | 2 | | (1) The entity must hold a valid organization license | 3 | | awarded by the Illinois Racing Board for the term of the | 4 | | master sports wagering license. | 5 | | (2) The entity must hold an inter-track wagering | 6 | | license awarded by the Illinois Racing Board for the term | 7 | | of the master sports wagering license. | 8 | | (3) The entity, for the term of the master sports | 9 | | wagering license, must have a signed contract with the | 10 | | horsemen association representing the largest number of | 11 | | owners, trainers, jockeys, or standardbred drivers who | 12 | | race horses at that organization licensee's racing | 13 | | meeting, the right to execute or decline such contract | 14 | | being without condition, and that stipulates: | 15 | | (A) the number of races to be conducted at the | 16 | | racing meeting and penalties for failure to conduct | 17 | | those races; | 18 | | (B) the amounts to be distributed to purse accounts | 19 | | and penalties for failure to timely make such | 20 | | distributions; and | 21 | | (C) the reduction and ultimate elimination of | 22 | | money payable from purses to organization licensees | 23 | | under paragraph (13) of subsection (g) of Section 26 of | 24 | | the Illinois Horse Racing Act of 1975, with such | 25 | | reduction and elimination achieved as agreed either | 26 | | through reimbursement or non-acceptance. |
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| 1 | | (4) The entity may not receive any proceeds from | 2 | | adjusted sports wagering receipts during any period that | 3 | | adjusted sports wagering receipts are not being deposited | 4 | | into the purse accounts as provided in the signed contract | 5 | | with the applicable horsemen association. | 6 | | Section 5-50. Master sports wagering license to | 7 | | organization licensee in Madison County. The Board may not | 8 | | issue a master sports wagering license to an organization | 9 | | licensee located in Madison County until it receives an | 10 | | executed copy of a contractual agreement between the | 11 | | organization licensee in Madison County and an owners licensee | 12 | | conducting riverboat gambling from a home dock in the City of | 13 | | East St. Louis to operate sports wagering by the organization | 14 | | licensee in Madison County to support the continued viability | 15 | | of the City of East St. Louis' local portion of gaming
taxes | 16 | | generated by the owners licensee. | 17 | | Section 5-55. Lottery sports wagering pilot program. | 18 | | (a) As used in this Section: | 19 | | "Central system" means the hardware, software, | 20 | | peripherals, and network components provided by the | 21 | | Department's central system provider that link and support all | 22 | | required sports lottery terminals and the central site. | 23 | | "Central system provider" means an individual, | 24 | | partnership, corporation, or limited liability company that |
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| 1 | | has been licensed for the purpose of providing and maintaining | 2 | | a central system and the related management facilities. | 3 | | "Electronic card" means a card purchased from a lottery | 4 | | retailer. | 5 | | "Lottery retailer" means a location licensed by the | 6 | | Department to sell lottery tickets or shares. | 7 | | "Sports lottery systems" means systems provided by the | 8 | | central system provider consisting of sports wagering | 9 | | products, risk management, operations, and support services. | 10 | | "Sports lottery terminal" means a terminal linked to the | 11 | | central system in which bills or coins are deposited or an | 12 | | electronic card is inserted in order to place wagers on a | 13 | | sports event and lottery offerings. | 14 | | (b) The Department shall issue one central system provider | 15 | | license pursuant to an open and competitive bidding process | 16 | | that uses the following procedures | 17 | | (1) The Department shall make applications for the | 18 | | central system provider license available to the public and | 19 | | allow a reasonable time for applicants to submit | 20 | | applications to the Department. | 21 | | (2) During the filing period for central system | 22 | | provider license applications, the Department may retain | 23 | | the services of an investment banking firm to assist the | 24 | | Department in conducting the open and competitive bidding | 25 | | process. | 26 | | (3) After receiving all of the bid proposals, the |
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| 1 | | Department shall open all of the proposals in a public | 2 | | forum and disclose the prospective central system provider | 3 | | names and venture partners, if any. | 4 | | (4) The Department shall summarize the terms of the bid | 5 | | proposals and may make this summary available to the | 6 | | public. | 7 | | (5) The Department shall evaluate the bid proposals | 8 | | within a reasonable time and select no more than 3 final | 9 | | applicants to make presentations of their bid proposals to | 10 | | the Department. | 11 | | (6) The final applicants shall make their | 12 | | presentations to the Department on the same day during an | 13 | | open session of the Department. | 14 | | (7) As soon as practicable after the public | 15 | | presentations by the final applicants, the Department, in | 16 | | its discretion, may conduct further negotiations among the | 17 | | 3 final applicants. During such negotiations, each final | 18 | | applicant may increase its license bid or otherwise enhance | 19 | | its bid proposal. At the conclusion of such negotiations, | 20 | | the Department shall select the winning bid. | 21 | | (8) Upon selection of the winning bid, the Department | 22 | | shall evaluate the winning bid within a reasonable period | 23 | | of time for licensee suitability in accordance with all | 24 | | applicable statutory and regulatory criteria. | 25 | | (9) If the winning bidder is unable or otherwise fails | 26 | | to consummate the transaction, (including if the |
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| 1 | | Department determines that the winning bidder does not | 2 | | satisfy the suitability requirements), the Department may, | 3 | | on the same criteria, select from the remaining bidders. | 4 | | (10) The winning bidder shall pay $30,000,000 to the | 5 | | Department upon being issued the central system provider | 6 | | license. | 7 | | (c) Every sports lottery terminal offered in this State for | 8 | | play shall first be tested and approved pursuant to the rules | 9 | | of the Department, and each sports lottery terminal offered in | 10 | | this State for play shall conform to an approved model. For the | 11 | | examination of sports lottery terminals and associated | 12 | | equipment as required by this Section, the central system | 13 | | provider may utilize the services of one or more independent | 14 | | outside testing laboratories that have been accredited by a | 15 | | national accreditation body and that, in the judgment of the | 16 | | Department, are qualified to perform such examinations. Every | 17 | | sports lottery terminal offered in this State for play must | 18 | | meet minimum standards set by an independent outside testing | 19 | | laboratory approved by the Department. | 20 | | (d) Sport lottery terminals may be placed in no more than | 21 | | 2,500 Lottery retail locations in the State. | 22 | | (e) A sports lottery terminal may not directly dispense | 23 | | coins, cash, tokens, or any other article of exchange or value | 24 | | except for receipt tickets. Tickets shall be dispensed by | 25 | | pressing the ticket dispensing button on the sports lottery | 26 | | terminal at the end of the placement of one's wager or wagers. |
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| 1 | | The ticket shall indicate the total amount wagered, odds for | 2 | | each wager placed, and the cash award for each bet placed, the | 3 | | time of day in a 24-hour format showing hours and minutes, the | 4 | | date, the terminal serial number, the sequential number of the | 5 | | ticket, and an encrypted validation number from which the | 6 | | validity of the prize may be determined. The player shall turn | 7 | | in this ticket to the appropriate person at a lottery retailer | 8 | | to receive the cash award. | 9 | | (f) No lottery retailer may cause or permit any person | 10 | | under the age of 21 years to use a sports lottery terminal or | 11 | | sports wagering application. A lottery retailer who knowingly | 12 | | causes or permits a person under the age of 21 years to use a | 13 | | sports lottery terminal or sports wagering application is | 14 | | guilty of a business offense and shall be fined an amount not | 15 | | to exceed $5,000. | 16 | | (g) A sports lottery terminal shall only accept parlay | 17 | | wagers. The Department shall, by rule, establish the total | 18 | | amount, as a percentage, of all wagers placed that a lottery | 19 | | retailer may retain. | 20 | | (h) The Department shall have jurisdiction over and shall | 21 | | supervise all sports wagering operations governed by this | 22 | | Section. The Department shall have all powers necessary and | 23 | | proper to fully and effectively execute the provisions of this | 24 | | Section, including, but not limited to, the following: | 25 | | (1) To investigate applicants and determine the | 26 | | eligibility of applicants for licenses and to select among |
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| 1 | | competing applicants the applicants which best serve the | 2 | | interests of the citizens of Illinois. | 3 | | (2) To have jurisdiction and supervision over all | 4 | | lottery sports wagering operations in this State and all | 5 | | persons in establishments where video gaming operations | 6 | | are conducted. | 7 | | (3) To adopt rules for the purpose of administering the | 8 | | provisions of this Act and to adopt rules and conditions | 9 | | under which all sports wagering in the State shall be | 10 | | conducted. Such rules are to provide for the prevention of | 11 | | practices detrimental to the public interest and for the | 12 | | best interests of lottery sports wagering, including rules | 13 | | (i) regarding the inspection of such licensees necessary to | 14 | | operate a lottery retailer under any laws or rules | 15 | | applicable to licensees, (ii) to impose penalties for | 16 | | violations of the Act and its rules, and (iii) establishing | 17 | | standards for advertising sports wagering. | 18 | | (i) The Department shall adopt emergency rules to | 19 | | administer this Section in accordance with Section 5-45 of the | 20 | | Illinois Administrative Procedure Act. For the purposes of the | 21 | | Illinois Administrative Procedure Act, the General Assembly | 22 | | finds that the adoption of rules to implement this Section is | 23 | | deemed an emergency and necessary to the public interest, | 24 | | safety, and welfare. | 25 | | (j) For the privilege of operating sports wagering under | 26 | | this Section, all proceeds minus net of proceeds returned to |
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| 1 | | players shall be electronically transferred daily or weekly, at | 2 | | the discretion of the Director of the Lottery, into the State | 3 | | Lottery Fund. After amounts owed to the central system provider | 4 | | and licensed agents, as determined by the Department, are paid | 5 | | from the moneys deposited into the State Lottery Fund under | 6 | | this subsection, the remainder shall be deposited in equal | 7 | | amounts to the Pension Stabilization Fund, the Common School | 8 | | Fund, and the State Construction Account Fund. | 9 | | (k) This Section is repealed on January 1, 2024. | 10 | | Section 5-60. Prohibition on wagering on Illinois | 11 | | collegiate teams within Illinois. No licensee under this Act | 12 | | may accept a wager for a sports event taking place in the State | 13 | | involving an Illinois collegiate team. | 14 | | Section 5-65. Supplier diversity goals. | 15 | | (a) The public policy of this State is to collaboratively | 16 | | work with companies that serve Illinois residents to improve | 17 | | their supplier diversity in a non-antagonistic manner. | 18 | | (b) The Board and the Department shall require all | 19 | | licensees under this Act to submit an annual report by April | 20 | | 15, 2020 and every April 15 thereafter, in a searchable Adobe | 21 | | PDF format, on all procurement goals and actual spending for | 22 | | female-owned, minority-owned, veteran-owned, and small | 23 | | business enterprises in the previous calendar year. These goals | 24 | | shall be expressed as a percentage of the total work performed |
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| 1 | | by the entity submitting the report, and the actual spending | 2 | | for all female-owned, minority-owned, veteran-owned, and small | 3 | | business enterprises shall also be expressed as a percentage of | 4 | | the total work performed by the entity submitting the report. | 5 | | (c) Each licensee in its annual report shall include the | 6 | | following information: | 7 | | (1) an explanation of the plan for the next year to
| 8 | | increase participation; | 9 | | (2) an explanation of the plan to increase the goals; | 10 | | (3) the areas of procurement each licensee shall be
| 11 | | actively seeking more participation in in the next year; | 12 | | (4) an outline of the plan to alert and encourage
| 13 | | potential vendors in that area to seek business from the | 14 | | licensee; | 15 | | (5) an explanation of the challenges faced in finding
| 16 | | quality vendors and offer any suggestions for what the | 17 | | Board could do to be helpful to identify those vendors; | 18 | | (6) a list of the certifications the licensee
| 19 | | recognizes; | 20 | | (7) the point of contact for any potential vendor who
| 21 | | wishes to do business with the licensee and explain the | 22 | | process for a vendor to enroll with the licensee as a | 23 | | minority-owned, women-owned, or veteran-owned company; and | 24 | | (8) any particular success stories to encourage other
| 25 | | licensee to emulate best practices. | 26 | | (d) Each annual report shall include as much State-specific |
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| 1 | | data as possible. If the submitting entity does not submit | 2 | | State-specific data, then the licensee shall include any | 3 | | national data it does have and explain why it could not submit | 4 | | State-specific data and how it intends to do so in future | 5 | | reports, if possible. | 6 | | (e) Each annual report shall include the rules, | 7 | | regulations, and definitions used for the procurement goals in | 8 | | the licensee's annual report. | 9 | | (f) The Board, Department, and all licensees shall hold an | 10 | | annual workshop open to the public in 2020 and every year | 11 | | thereafter on the state of supplier diversity to | 12 | | collaboratively seek solutions to structural impediments to | 13 | | achieving stated goals, including testimony from each licensee | 14 | | as well as subject matter experts and advocates. The Board and | 15 | | Department shall publish a database on their websites of the | 16 | | point of contact for licensees they regulate under this Act for | 17 | | supplier diversity, along with a list of certifications each | 18 | | licensee recognizes from the information submitted in each | 19 | | annual report. The Board and Department shall publish each | 20 | | annual report on their websites and shall maintain each annual | 21 | | report for at least 5 years. | 22 | | Section 5-70. Sports wagering revenues; Sports Wagering | 23 | | Fund. | 24 | | (a) For the privilege of holding a license to operate | 25 | | sports wagering under this Act, this State shall impose and |
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| 1 | | collect 25% of a master sports wagering licensee's adjusted | 2 | | gross sports wagering receipts from sports wagering. The | 3 | | accrual method of accounting shall be used for purposes of | 4 | | calculating the amount of the tax owed by the licensee. | 5 | | (b) The taxes levied and collected pursuant to subsection | 6 | | (a) are due and payable to the Board no later than the last day | 7 | | of the month following the calendar month in which the adjusted | 8 | | gross sports wagering receipts were received and the tax | 9 | | obligation was accrued. | 10 | | (c) The Sports Wagering Fund is hereby created as a special | 11 | | fund in the State treasury and all moneys collected under this | 12 | | Act by the Board shall be deposited into the Sports Wagering | 13 | | Fund and then transferred in equal amounts to the State | 14 | | Construction Account Fund, the Pension Stabilization Fund, and | 15 | | the Common School Fund. | 16 | | Section 5-75. Voluntary self-exclusion program for sports | 17 | | wagering. Any resident, or non-resident if allowed to | 18 | | participate in sports wagering, may voluntarily prohibit | 19 | | himself or herself from establishing a sports wagering account | 20 | | with a licensee under this Act. The Board and Department shall | 21 | | incorporate the voluntary self-exclusion program for sports | 22 | | wagering into any existing self-exclusion program that it | 23 | | operates on the effective date of this Act. | 24 | | Section 5-80. Report to General Assembly. On or before |
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| 1 | | January 15, 2023, the Board shall provide a report to the | 2 | | General Assembly on sports wagering conducted under this Act | 3 | | during the 3 years following the effective date of this Act. | 4 | | Section 5-900. The Illinois Administrative Procedure Act | 5 | | is amended by changing Section 5-45 as follows: | 6 | | (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45) | 7 | | Sec. 5-45. Emergency rulemaking. | 8 | | (a) "Emergency" means the existence of any situation that | 9 | | any agency
finds reasonably constitutes a threat to the public | 10 | | interest, safety, or
welfare. | 11 | | (b) If any agency finds that an
emergency exists that | 12 | | requires adoption of a rule upon fewer days than
is required by | 13 | | Section 5-40 and states in writing its reasons for that
| 14 | | finding, the agency may adopt an emergency rule without prior | 15 | | notice or
hearing upon filing a notice of emergency rulemaking | 16 | | with the Secretary of
State under Section 5-70. The notice | 17 | | shall include the text of the
emergency rule and shall be | 18 | | published in the Illinois Register. Consent
orders or other | 19 | | court orders adopting settlements negotiated by an agency
may | 20 | | be adopted under this Section. Subject to applicable | 21 | | constitutional or
statutory provisions, an emergency rule | 22 | | becomes effective immediately upon
filing under Section 5-65 or | 23 | | at a stated date less than 10 days
thereafter. The agency's | 24 | | finding and a statement of the specific reasons
for the finding |
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| 1 | | shall be filed with the rule. The agency shall take
reasonable | 2 | | and appropriate measures to make emergency rules known to the
| 3 | | persons who may be affected by them. | 4 | | (c) An emergency rule may be effective for a period of not | 5 | | longer than
150 days, but the agency's authority to adopt an | 6 | | identical rule under Section
5-40 is not precluded. No | 7 | | emergency rule may be adopted more
than once in any 24-month | 8 | | period, except that this limitation on the number
of emergency | 9 | | rules that may be adopted in a 24-month period does not apply
| 10 | | to (i) emergency rules that make additions to and deletions | 11 | | from the Drug
Manual under Section 5-5.16 of the Illinois | 12 | | Public Aid Code or the
generic drug formulary under Section | 13 | | 3.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) | 14 | | emergency rules adopted by the Pollution Control
Board before | 15 | | July 1, 1997 to implement portions of the Livestock Management
| 16 | | Facilities Act, (iii) emergency rules adopted by the Illinois | 17 | | Department of Public Health under subsections (a) through (i) | 18 | | of Section 2 of the Department of Public Health Act when | 19 | | necessary to protect the public's health, (iv) emergency rules | 20 | | adopted pursuant to subsection (n) of this Section, (v) | 21 | | emergency rules adopted pursuant to subsection (o) of this | 22 | | Section, or (vi) emergency rules adopted pursuant to subsection | 23 | | (c-5) of this Section. Two or more emergency rules having | 24 | | substantially the same
purpose and effect shall be deemed to be | 25 | | a single rule for purposes of this
Section. | 26 | | (c-5) To facilitate the maintenance of the program of group |
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| 1 | | health benefits provided to annuitants, survivors, and retired | 2 | | employees under the State Employees Group Insurance Act of | 3 | | 1971, rules to alter the contributions to be paid by the State, | 4 | | annuitants, survivors, retired employees, or any combination | 5 | | of those entities, for that program of group health benefits, | 6 | | shall be adopted as emergency rules. The adoption of those | 7 | | rules shall be considered an emergency and necessary for the | 8 | | public interest, safety, and welfare. | 9 | | (d) In order to provide for the expeditious and timely | 10 | | implementation
of the State's fiscal year 1999 budget, | 11 | | emergency rules to implement any
provision of Public Act 90-587 | 12 | | or 90-588
or any other budget initiative for fiscal year 1999 | 13 | | may be adopted in
accordance with this Section by the agency | 14 | | charged with administering that
provision or initiative, | 15 | | except that the 24-month limitation on the adoption
of | 16 | | emergency rules and the provisions of Sections 5-115 and 5-125 | 17 | | do not apply
to rules adopted under this subsection (d). The | 18 | | adoption of emergency rules
authorized by this subsection (d) | 19 | | shall be deemed to be necessary for the
public interest, | 20 | | safety, and welfare. | 21 | | (e) In order to provide for the expeditious and timely | 22 | | implementation
of the State's fiscal year 2000 budget, | 23 | | emergency rules to implement any
provision of Public Act 91-24
| 24 | | or any other budget initiative for fiscal year 2000 may be | 25 | | adopted in
accordance with this Section by the agency charged | 26 | | with administering that
provision or initiative, except that |
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| 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 (e). The adoption of | 4 | | emergency rules
authorized by this subsection (e) shall be | 5 | | deemed to be necessary for the
public interest, safety, and | 6 | | welfare. | 7 | | (f) In order to provide for the expeditious and timely | 8 | | implementation
of the State's fiscal year 2001 budget, | 9 | | emergency rules to implement any
provision of Public Act 91-712
| 10 | | or any other budget initiative for fiscal year 2001 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 (f). The adoption of | 16 | | emergency rules
authorized by this subsection (f) shall be | 17 | | deemed to be necessary for the
public interest, safety, and | 18 | | welfare. | 19 | | (g) In order to provide for the expeditious and timely | 20 | | implementation
of the State's fiscal year 2002 budget, | 21 | | emergency rules to implement any
provision of Public Act 92-10
| 22 | | or any other budget initiative for fiscal year 2002 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 |
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| 1 | | rules adopted under this subsection (g). The adoption of | 2 | | emergency rules
authorized by this subsection (g) shall be | 3 | | deemed to be necessary for the
public interest, safety, and | 4 | | welfare. | 5 | | (h) In order to provide for the expeditious and timely | 6 | | implementation
of the State's fiscal year 2003 budget, | 7 | | emergency rules to implement any
provision of Public Act 92-597
| 8 | | or any other budget initiative for fiscal year 2003 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 (h). The adoption of | 14 | | emergency rules
authorized by this subsection (h) shall be | 15 | | deemed to be necessary for the
public interest, safety, and | 16 | | welfare. | 17 | | (i) In order to provide for the expeditious and timely | 18 | | implementation
of the State's fiscal year 2004 budget, | 19 | | emergency rules to implement any
provision of Public Act 93-20
| 20 | | or any other budget initiative for fiscal year 2004 may be | 21 | | adopted in
accordance with this Section by the agency charged | 22 | | with administering that
provision or initiative, except that | 23 | | the 24-month limitation on the adoption
of emergency rules and | 24 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 25 | | rules adopted under this subsection (i). The adoption of | 26 | | emergency rules
authorized by this subsection (i) shall be |
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| 1 | | deemed to be necessary for the
public interest, safety, and | 2 | | welfare. | 3 | | (j) In order to provide for the expeditious and timely | 4 | | implementation of the provisions of the State's fiscal year | 5 | | 2005 budget as provided under the Fiscal Year 2005 Budget | 6 | | Implementation (Human Services) Act, emergency rules to | 7 | | implement any provision of the Fiscal Year 2005 Budget | 8 | | Implementation (Human Services) Act may be adopted in | 9 | | accordance with this Section by the agency charged with | 10 | | administering that provision, except that the 24-month | 11 | | limitation on the adoption of emergency rules and the | 12 | | provisions of Sections 5-115 and 5-125 do not apply to rules | 13 | | adopted under this subsection (j). The Department of Public Aid | 14 | | may also adopt rules under this subsection (j) necessary to | 15 | | administer the Illinois Public Aid Code and the Children's | 16 | | Health Insurance Program Act. The adoption of emergency rules | 17 | | authorized by this subsection (j) shall be deemed to be | 18 | | necessary for the public interest, safety, and welfare.
| 19 | | (k) In order to provide for the expeditious and timely | 20 | | implementation of the provisions of the State's fiscal year | 21 | | 2006 budget, emergency rules to implement any provision of | 22 | | Public Act 94-48 or any other budget initiative for fiscal year | 23 | | 2006 may be adopted in accordance with this Section by the | 24 | | agency charged with administering that provision or | 25 | | initiative, except that the 24-month limitation on the adoption | 26 | | of emergency rules and the provisions of Sections 5-115 and |
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| 1 | | 5-125 do not apply to rules adopted under this subsection (k). | 2 | | The Department of Healthcare and Family Services may also adopt | 3 | | rules under this subsection (k) necessary to administer the | 4 | | Illinois Public Aid Code, the Senior Citizens and Persons with | 5 | | Disabilities Property Tax Relief Act, the Senior Citizens and | 6 | | Disabled Persons Prescription Drug Discount Program Act (now | 7 | | the Illinois Prescription Drug Discount Program Act), and the | 8 | | Children's Health Insurance Program Act. The adoption of | 9 | | emergency rules authorized by this subsection (k) shall be | 10 | | deemed to be necessary for the public interest, safety, and | 11 | | welfare.
| 12 | | (l) In order to provide for the expeditious and timely | 13 | | implementation of the provisions of the
State's fiscal year | 14 | | 2007 budget, the Department of Healthcare and Family Services | 15 | | may adopt emergency rules during fiscal year 2007, including | 16 | | rules effective July 1, 2007, in
accordance with this | 17 | | subsection to the extent necessary to administer the | 18 | | Department's responsibilities with respect to amendments to | 19 | | the State plans and Illinois waivers approved by the federal | 20 | | Centers for Medicare and Medicaid Services necessitated by the | 21 | | requirements of Title XIX and Title XXI of the federal Social | 22 | | Security Act. The adoption of emergency rules
authorized by | 23 | | this subsection (l) shall be deemed to be necessary for the | 24 | | public interest,
safety, and welfare.
| 25 | | (m) In order to provide for the expeditious and timely | 26 | | implementation of the provisions of the
State's fiscal year |
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| 1 | | 2008 budget, the Department of Healthcare and Family Services | 2 | | may adopt emergency rules during fiscal year 2008, including | 3 | | rules effective July 1, 2008, in
accordance with this | 4 | | subsection to the extent necessary to administer the | 5 | | Department's responsibilities with respect to amendments to | 6 | | the State plans and Illinois waivers approved by the federal | 7 | | Centers for Medicare and Medicaid Services necessitated by the | 8 | | requirements of Title XIX and Title XXI of the federal Social | 9 | | Security Act. The adoption of emergency rules
authorized by | 10 | | this subsection (m) shall be deemed to be necessary for the | 11 | | public interest,
safety, and welfare.
| 12 | | (n) In order to provide for the expeditious and timely | 13 | | implementation of the provisions of the State's fiscal year | 14 | | 2010 budget, emergency rules to implement any provision of | 15 | | Public Act 96-45 or any other budget initiative authorized by | 16 | | the 96th General Assembly for fiscal year 2010 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 (n) shall be | 20 | | deemed to be necessary for the public interest, safety, and | 21 | | welfare. The rulemaking authority granted in this subsection | 22 | | (n) shall apply only to rules promulgated during Fiscal Year | 23 | | 2010. | 24 | | (o) In order to provide for the expeditious and timely | 25 | | implementation of the provisions of the State's fiscal year | 26 | | 2011 budget, emergency rules to implement any provision of |
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| 1 | | Public Act 96-958 or any other budget initiative authorized by | 2 | | the 96th General Assembly for fiscal year 2011 may be adopted | 3 | | in accordance with this Section by the agency charged with | 4 | | administering that provision or initiative. The adoption of | 5 | | emergency rules authorized by this subsection (o) is deemed to | 6 | | be necessary for the public interest, safety, and welfare. The | 7 | | rulemaking authority granted in this subsection (o) applies | 8 | | only to rules promulgated on or after July 1, 2010 (the | 9 | | effective date of Public Act 96-958) through June 30, 2011. | 10 | | (p) In order to provide for the expeditious and timely | 11 | | implementation of the provisions of Public Act 97-689, | 12 | | emergency rules to implement any provision of Public Act 97-689 | 13 | | may be adopted in accordance with this subsection (p) by the | 14 | | agency charged with administering that provision or | 15 | | initiative. The 150-day limitation of the effective period of | 16 | | emergency rules does not apply to rules adopted under this | 17 | | subsection (p), and the effective period may continue through | 18 | | June 30, 2013. The 24-month limitation on the adoption of | 19 | | emergency rules does not apply to rules adopted under this | 20 | | subsection (p). The adoption of emergency rules authorized by | 21 | | this subsection (p) is deemed to be necessary for the public | 22 | | interest, safety, and welfare. | 23 | | (q) In order to provide for the expeditious and timely | 24 | | implementation of the provisions of Articles 7, 8, 9, 11, and | 25 | | 12 of Public Act 98-104, emergency rules to implement any | 26 | | provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104 |
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| 1 | | may be adopted in accordance with this subsection (q) by the | 2 | | agency charged with administering that provision or | 3 | | initiative. The 24-month limitation on the adoption of | 4 | | emergency rules does not apply to rules adopted under this | 5 | | subsection (q). The adoption of emergency rules authorized by | 6 | | this subsection (q) is deemed to be necessary for the public | 7 | | interest, safety, and welfare. | 8 | | (r) In order to provide for the expeditious and timely | 9 | | implementation of the provisions of Public Act 98-651, | 10 | | emergency rules to implement Public Act 98-651 may be adopted | 11 | | in accordance with this subsection (r) by the Department of | 12 | | Healthcare and Family Services. The 24-month limitation on the | 13 | | adoption of emergency rules does not apply to rules adopted | 14 | | under this subsection (r). The adoption of emergency rules | 15 | | authorized by this subsection (r) is deemed to be necessary for | 16 | | the public interest, safety, and welfare. | 17 | | (s) In order to provide for the expeditious and timely | 18 | | implementation of the provisions of Sections 5-5b.1 and 5A-2 of | 19 | | the Illinois Public Aid Code, emergency rules to implement any | 20 | | provision of Section 5-5b.1 or Section 5A-2 of the Illinois | 21 | | Public Aid Code may be adopted in accordance with this | 22 | | subsection (s) by the Department of Healthcare and Family | 23 | | Services. The rulemaking authority granted in this subsection | 24 | | (s) shall apply only to those rules adopted prior to July 1, | 25 | | 2015. Notwithstanding any other provision of this Section, any | 26 | | emergency rule adopted under this subsection (s) shall only |
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| 1 | | apply to payments made for State fiscal year 2015. The adoption | 2 | | of emergency rules authorized by this subsection (s) is deemed | 3 | | to be necessary for the public interest, safety, and welfare. | 4 | | (t) In order to provide for the expeditious and timely | 5 | | implementation of the provisions of Article II of Public Act | 6 | | 99-6, emergency rules to implement the changes made by Article | 7 | | II of Public Act 99-6 to the Emergency Telephone System Act may | 8 | | be adopted in accordance with this subsection (t) by the | 9 | | Department of State Police. The rulemaking authority granted in | 10 | | this subsection (t) shall apply only to those rules adopted | 11 | | prior to July 1, 2016. The 24-month limitation on the adoption | 12 | | of emergency rules does not apply to rules adopted under this | 13 | | subsection (t). The adoption of emergency rules authorized by | 14 | | this subsection (t) is deemed to be necessary for the public | 15 | | interest, safety, and welfare. | 16 | | (u) In order to provide for the expeditious and timely | 17 | | implementation of the provisions of the Burn Victims Relief | 18 | | Act, emergency rules to implement any provision of the Act may | 19 | | be adopted in accordance with this subsection (u) by the | 20 | | Department of Insurance. The rulemaking authority granted in | 21 | | this subsection (u) shall apply only to those rules adopted | 22 | | prior to December 31, 2015. The adoption of emergency rules | 23 | | authorized by this subsection (u) is deemed to be necessary for | 24 | | the public interest, safety, and welfare. | 25 | | (v) In order to provide for the expeditious and timely | 26 | | implementation of the provisions of Public Act 99-516, |
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| 1 | | emergency rules to implement Public Act 99-516 may be adopted | 2 | | in accordance with this subsection (v) by the Department of | 3 | | Healthcare and Family Services. The 24-month limitation on the | 4 | | adoption of emergency rules does not apply to rules adopted | 5 | | under this subsection (v). The adoption of emergency rules | 6 | | authorized by this subsection (v) is deemed to be necessary for | 7 | | the public interest, safety, and welfare. | 8 | | (w) In order to provide for the expeditious and timely | 9 | | implementation of the provisions of Public Act 99-796, | 10 | | emergency rules to implement the changes made by Public Act | 11 | | 99-796 may be adopted in accordance with this subsection (w) by | 12 | | the Adjutant General. The adoption of emergency rules | 13 | | authorized by this subsection (w) is deemed to be necessary for | 14 | | the public interest, safety, and welfare. | 15 | | (x) In order to provide for the expeditious and timely | 16 | | implementation of the provisions of Public Act 99-906, | 17 | | emergency rules to implement subsection (i) of Section 16-115D, | 18 | | subsection (g) of Section 16-128A, and subsection (a) of | 19 | | Section 16-128B of the Public Utilities Act may be adopted in | 20 | | accordance with this subsection (x) by the Illinois Commerce | 21 | | Commission. The rulemaking authority granted in this | 22 | | subsection (x) shall apply only to those rules adopted within | 23 | | 180 days after June 1, 2017 (the effective date of Public Act | 24 | | 99-906). The adoption of emergency rules authorized by this | 25 | | subsection (x) is deemed to be necessary for the public | 26 | | interest, safety, and welfare. |
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| 1 | | (y) In order to provide for the expeditious and timely | 2 | | implementation of the provisions of Public Act 100-23, | 3 | | emergency rules to implement the changes made by Public Act | 4 | | 100-23 to Section 4.02 of the Illinois Act on the Aging, | 5 | | Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code, | 6 | | Section 55-30 of the Alcoholism and Other Drug Abuse and | 7 | | Dependency Act, and Sections 74 and 75 of the Mental Health and | 8 | | Developmental Disabilities Administrative Act may be adopted | 9 | | in accordance with this subsection (y) by the respective | 10 | | Department. The adoption of emergency rules authorized by this | 11 | | subsection (y) is deemed to be necessary for the public | 12 | | interest, safety, and welfare. | 13 | | (z) In order to provide for the expeditious and timely | 14 | | implementation of the provisions of Public Act 100-554, | 15 | | emergency rules to implement the changes made by Public Act | 16 | | 100-554 to Section 4.7 of the Lobbyist Registration Act may be | 17 | | adopted in accordance with this subsection (z) by the Secretary | 18 | | of State. The adoption of emergency rules authorized by this | 19 | | subsection (z) is deemed to be necessary for the public | 20 | | interest, safety, and welfare. | 21 | | (aa) In order to provide for the expeditious and timely | 22 | | initial implementation of the changes made to Articles 5, 5A, | 23 | | 12, and 14 of the Illinois Public Aid Code under the provisions | 24 | | of Public Act 100-581, the Department of Healthcare and Family | 25 | | Services may adopt emergency rules in accordance with this | 26 | | subsection (aa). The 24-month limitation on the adoption of |
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| 1 | | emergency rules does not apply to rules to initially implement | 2 | | the changes made to Articles 5, 5A, 12, and 14 of the Illinois | 3 | | Public Aid Code adopted under this subsection (aa). The | 4 | | adoption of emergency rules authorized by this subsection (aa) | 5 | | is deemed to be necessary for the public interest, safety, and | 6 | | welfare. | 7 | | (bb) In order to provide for the expeditious and timely | 8 | | implementation of the provisions of Public Act 100-587, | 9 | | emergency rules to implement the changes made by Public Act | 10 | | 100-587 to Section 4.02 of the Illinois Act on the Aging, | 11 | | Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code, | 12 | | subsection (b) of Section 55-30 of the Alcoholism and Other | 13 | | Drug Abuse and Dependency Act, Section 5-104 of the Specialized | 14 | | Mental Health Rehabilitation Act of 2013, and Section 75 and | 15 | | subsection (b) of Section 74 of the Mental Health and | 16 | | Developmental Disabilities Administrative Act may be adopted | 17 | | in accordance with this subsection (bb) by the respective | 18 | | Department. The adoption of emergency rules authorized by this | 19 | | subsection (bb) is deemed to be necessary for the public | 20 | | interest, safety, and welfare. | 21 | | (cc) In order to provide for the expeditious and timely | 22 | | implementation of the provisions of Public Act 100-587, | 23 | | emergency rules may be adopted in accordance with this | 24 | | subsection (cc) to implement the changes made by Public Act | 25 | | 100-587 to: Sections 14-147.5 and 14-147.6 of the Illinois | 26 | | Pension Code by the Board created under Article 14 of the Code; |
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| 1 | | Sections 15-185.5 and 15-185.6 of the Illinois Pension Code by | 2 | | the Board created under Article 15 of the Code; and Sections | 3 | | 16-190.5 and 16-190.6 of the Illinois Pension Code by the Board | 4 | | created under Article 16 of the Code. The adoption of emergency | 5 | | rules authorized by this subsection (cc) is deemed to be | 6 | | necessary for the public interest, safety, and welfare. | 7 | | (dd) In order to provide for the expeditious and timely | 8 | | implementation of the provisions of Public Act 100-864, | 9 | | emergency rules to implement the changes made by Public Act | 10 | | 100-864 to Section 3.35 of the Newborn Metabolic Screening Act | 11 | | may be adopted in accordance with this subsection (dd) by the | 12 | | Secretary of State. The adoption of emergency rules authorized | 13 | | by this subsection (dd) is deemed to be necessary for the | 14 | | public interest, safety, and welfare. | 15 | | (ee) In order to provide for the expeditious and timely | 16 | | implementation of the provisions of Public Act 100-1172 this | 17 | | amendatory Act of the 100th General Assembly , emergency rules | 18 | | implementing the Illinois Underground Natural Gas Storage | 19 | | Safety Act may be adopted in accordance with this subsection by | 20 | | the Department of Natural Resources. The adoption of emergency | 21 | | rules authorized by this subsection is deemed to be necessary | 22 | | for the public interest, safety, and welfare. | 23 | | (ff) (ee) In order to provide for the expeditious and | 24 | | timely initial implementation of the changes made to Articles | 25 | | 5A and 14 of the Illinois Public Aid Code under the provisions | 26 | | of Public Act 100-1181 this amendatory Act of the 100th General |
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| 1 | | Assembly , the Department of Healthcare and Family Services may | 2 | | on a one-time-only basis adopt emergency rules in accordance | 3 | | with this subsection (ff) (ee) . The 24-month limitation on the | 4 | | adoption of emergency rules does not apply to rules to | 5 | | initially implement the changes made to Articles 5A and 14 of | 6 | | the Illinois Public Aid Code adopted under this subsection (ff) | 7 | | (ee) . The adoption of emergency rules authorized by this | 8 | | subsection (ff) (ee) is deemed to be necessary for the public | 9 | | interest, safety, and welfare. | 10 | | (gg) (ff) In order to provide for the expeditious and | 11 | | timely implementation of the provisions of Public Act 101-1 | 12 | | this amendatory Act of the 101st General Assembly , emergency | 13 | | rules may be adopted by the Department of Labor in accordance | 14 | | with this subsection (gg) (ff) to implement the changes made by | 15 | | Public Act 101-1 this amendatory Act of the 101st General | 16 | | Assembly to the Minimum Wage Law. The adoption of emergency | 17 | | rules authorized by this subsection (gg) (ff) is deemed to be | 18 | | necessary for the public interest, safety, and welfare. | 19 | | (ii) In order to provide for the expeditious and timely | 20 | | implementation of the provisions of Section 5-55 of the Sports | 21 | | Wagering Act, emergency rules to implement Section 5-55 of the | 22 | | Sports Wagering Act may be adopted in accordance with this | 23 | | subsection (ii) by the Department of the Lottery as provided in | 24 | | the Sports Wagering Act. The adoption of emergency rules | 25 | | authorized by this subsection (ii) is deemed to be necessary | 26 | | for the public interest, safety, and welfare. |
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| 1 | | (Source: P.A. 100-23, eff. 7-6-17; 100-554, eff. 11-16-17; | 2 | | 100-581, eff. 3-12-18; 100-587, Article 95, Section 95-5, eff. | 3 | | 6-4-18; 100-587, Article 110, Section 110-5, eff. 6-4-18; | 4 | | 100-864, eff. 8-14-18; 100-1172, eff. 1-4-19; 100-1181, eff. | 5 | | 3-8-19; 101-1, eff. 2-19-19; revised 4-2-19.) | 6 | | Section 5-905. The State Finance Act is amended by adding | 7 | | Section 5.891 as follows: | 8 | | (30 ILCS 105/5.891 new) | 9 | | Sec. 5.891. The Sports Wagering Fund. | 10 | | Section 5-910. The Riverboat Gambling Act is amended by | 11 | | changing Section 13 as follows:
| 12 | | (230 ILCS 10/13) (from Ch. 120, par. 2413)
| 13 | | Sec. 13. Wagering tax; rate; distribution.
| 14 | | (a) Until January 1, 1998, a tax is imposed on the adjusted | 15 | | gross
receipts received from gambling games authorized under | 16 | | this Act at the rate of
20%.
| 17 | | (a-1) From January 1, 1998 until July 1, 2002, a privilege | 18 | | tax is
imposed on persons engaged in the business of conducting | 19 | | riverboat gambling
operations, based on the adjusted gross | 20 | | receipts received by a licensed owner
from gambling games | 21 | | authorized under this Act at the following rates:
| 22 | | 15% of annual adjusted gross receipts up to and |
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| 1 | | including $25,000,000;
| 2 | | 20% of annual adjusted gross receipts in excess of | 3 | | $25,000,000 but not
exceeding $50,000,000;
| 4 | | 25% of annual adjusted gross receipts in excess of | 5 | | $50,000,000 but not
exceeding $75,000,000;
| 6 | | 30% of annual adjusted gross receipts in excess of | 7 | | $75,000,000 but not
exceeding $100,000,000;
| 8 | | 35% of annual adjusted gross receipts in excess of | 9 | | $100,000,000.
| 10 | | (a-2) From July 1, 2002 until July 1, 2003, a privilege tax | 11 | | is imposed on
persons engaged in the business of conducting | 12 | | riverboat gambling operations,
other than licensed managers | 13 | | conducting riverboat gambling operations on behalf
of the | 14 | | State, based on the adjusted gross receipts received by a | 15 | | licensed
owner from gambling games authorized under this Act at | 16 | | the following rates:
| 17 | | 15% of annual adjusted gross receipts up to and | 18 | | including $25,000,000;
| 19 | | 22.5% of annual adjusted gross receipts in excess of | 20 | | $25,000,000 but not
exceeding $50,000,000;
| 21 | | 27.5% of annual adjusted gross receipts in excess of | 22 | | $50,000,000 but not
exceeding $75,000,000;
| 23 | | 32.5% of annual adjusted gross receipts in excess of | 24 | | $75,000,000 but not
exceeding $100,000,000;
| 25 | | 37.5% of annual adjusted gross receipts in excess of | 26 | | $100,000,000 but not
exceeding $150,000,000;
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| 1 | | 45% of annual adjusted gross receipts in excess of | 2 | | $150,000,000 but not
exceeding $200,000,000;
| 3 | | 50% of annual adjusted gross receipts in excess of | 4 | | $200,000,000.
| 5 | | (a-3) Beginning July 1, 2003, a privilege tax is imposed on | 6 | | persons engaged
in the business of conducting riverboat | 7 | | gambling operations, other than
licensed managers conducting | 8 | | riverboat gambling operations on behalf of the
State, based on | 9 | | the adjusted gross receipts received by a licensed owner from
| 10 | | gambling games authorized under this Act at the following | 11 | | rates:
| 12 | | 15% of annual adjusted gross receipts up to and | 13 | | including $25,000,000;
| 14 | | 27.5% of annual adjusted gross receipts in excess of | 15 | | $25,000,000 but not
exceeding $37,500,000;
| 16 | | 32.5% of annual adjusted gross receipts in excess of | 17 | | $37,500,000 but not
exceeding $50,000,000;
| 18 | | 37.5% of annual adjusted gross receipts in excess of | 19 | | $50,000,000 but not
exceeding $75,000,000;
| 20 | | 45% of annual adjusted gross receipts in excess of | 21 | | $75,000,000 but not
exceeding $100,000,000;
| 22 | | 50% of annual adjusted gross receipts in excess of | 23 | | $100,000,000 but not
exceeding $250,000,000;
| 24 | | 70% of annual adjusted gross receipts in excess of | 25 | | $250,000,000.
| 26 | | An amount equal to the amount of wagering taxes collected |
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| 1 | | under this
subsection (a-3) that are in addition to the amount | 2 | | of wagering taxes that
would have been collected if the | 3 | | wagering tax rates under subsection (a-2)
were in effect shall | 4 | | be paid into the Common School Fund.
| 5 | | The privilege tax imposed under this subsection (a-3) shall | 6 | | no longer be
imposed beginning on the earlier of (i) July 1, | 7 | | 2005; (ii) the first date
after June 20, 2003 that riverboat | 8 | | gambling operations are conducted
pursuant to a dormant | 9 | | license; or (iii) the first day that riverboat gambling
| 10 | | operations are conducted under the authority of an owners | 11 | | license that is in
addition to the 10 owners licenses initially | 12 | | authorized under this Act.
For the purposes of this subsection | 13 | | (a-3), the term "dormant license"
means an owners license that | 14 | | is authorized by this Act under which no
riverboat gambling | 15 | | operations are being conducted on June 20, 2003.
| 16 | | (a-4) Beginning on the first day on which the tax imposed | 17 | | under
subsection (a-3) is no longer imposed, a privilege tax is | 18 | | imposed on persons
engaged in the business of conducting | 19 | | riverboat gambling operations, other
than licensed managers | 20 | | conducting riverboat gambling operations on behalf of
the | 21 | | State, based on the adjusted gross receipts received by a | 22 | | licensed owner
from gambling games authorized under this Act at | 23 | | the following rates:
| 24 | | 15% of annual adjusted gross receipts up to and | 25 | | including $25,000,000;
| 26 | | 22.5% of annual adjusted gross receipts in excess of |
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| 1 | | $25,000,000 but not
exceeding $50,000,000;
| 2 | | 27.5% of annual adjusted gross receipts in excess of | 3 | | $50,000,000 but not
exceeding $75,000,000;
| 4 | | 32.5% of annual adjusted gross receipts in excess of | 5 | | $75,000,000 but not
exceeding $100,000,000;
| 6 | | 37.5% of annual adjusted gross receipts in excess of | 7 | | $100,000,000 but not
exceeding $150,000,000;
| 8 | | 45% of annual adjusted gross receipts in excess of | 9 | | $150,000,000 but not
exceeding $200,000,000;
| 10 | | 50% of annual adjusted gross receipts in excess of | 11 | | $200,000,000.
| 12 | | (a-8) Riverboat gambling operations conducted by a | 13 | | licensed manager on
behalf of the State are not subject to the | 14 | | tax imposed under this Section.
| 15 | | (a-10) The taxes imposed by this Section shall be paid by | 16 | | the licensed
owner to the Board not later than 5:00 o'clock | 17 | | p.m. of the day after the day
when the wagers were made.
| 18 | | (a-15) If the privilege tax imposed under subsection (a-3) | 19 | | is no longer imposed pursuant to item (i) of the last paragraph | 20 | | of subsection (a-3), then by June 15 of each year, each owners | 21 | | licensee, other than an owners licensee that admitted 1,000,000 | 22 | | persons or
fewer in calendar year 2004, must, in addition to | 23 | | the payment of all amounts otherwise due under this Section, | 24 | | pay to the Board a reconciliation payment in the amount, if | 25 | | any, by which the licensed owner's base amount exceeds the | 26 | | amount of net privilege tax paid by the licensed owner to the |
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| 1 | | Board in the then current State fiscal year. A licensed owner's | 2 | | net privilege tax obligation due for the balance of the State | 3 | | fiscal year shall be reduced up to the total of the amount paid | 4 | | by the licensed owner in its June 15 reconciliation payment. | 5 | | The obligation imposed by this subsection (a-15) is binding on | 6 | | any person, firm, corporation, or other entity that acquires an | 7 | | ownership interest in any such owners license. The obligation | 8 | | imposed under this subsection (a-15) terminates on the earliest | 9 | | of: (i) July 1, 2007, (ii) the first day after the effective | 10 | | date of this amendatory Act of the 94th General Assembly that | 11 | | riverboat gambling operations are conducted pursuant to a | 12 | | dormant license, (iii) the first day that riverboat gambling | 13 | | operations are conducted under the authority of an owners | 14 | | license that is in addition to the 10 owners licenses initially | 15 | | authorized under this Act, or (iv) the first day that a | 16 | | licensee under the Illinois Horse Racing Act of 1975 conducts | 17 | | gaming operations with slot machines or other electronic gaming | 18 | | devices. The Board must reduce the obligation imposed under | 19 | | this subsection (a-15) by an amount the Board deems reasonable | 20 | | for any of the following reasons: (A) an act or acts of God, | 21 | | (B) an act of bioterrorism or terrorism or a bioterrorism or | 22 | | terrorism threat that was investigated by a law enforcement | 23 | | agency, or (C) a condition beyond the control of the owners | 24 | | licensee that does not result from any act or omission by the | 25 | | owners licensee or any of its agents and that poses a hazardous | 26 | | threat to the health and safety of patrons. If an owners |
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| 1 | | licensee pays an amount in excess of its liability under this | 2 | | Section, the Board shall apply the overpayment to future | 3 | | payments required under this Section. | 4 | | For purposes of this subsection (a-15): | 5 | | "Act of God" means an incident caused by the operation of | 6 | | an extraordinary force that cannot be foreseen, that cannot be | 7 | | avoided by the exercise of due care, and for which no person | 8 | | can be held liable.
| 9 | | "Base amount" means the following: | 10 | | For a riverboat in Alton, $31,000,000.
| 11 | | For a riverboat in East Peoria, $43,000,000.
| 12 | | For the Empress riverboat in Joliet, $86,000,000.
| 13 | | For a riverboat in Metropolis, $45,000,000.
| 14 | | For the Harrah's riverboat in Joliet, $114,000,000.
| 15 | | For a riverboat in Aurora, $86,000,000.
| 16 | | For a riverboat in East St. Louis, $48,500,000.
| 17 | | For a riverboat in Elgin, $198,000,000.
| 18 | | "Dormant license" has the meaning ascribed to it in | 19 | | subsection (a-3).
| 20 | | "Net privilege tax" means all privilege taxes paid by a | 21 | | licensed owner to the Board under this Section, less all | 22 | | payments made from the State Gaming Fund pursuant to subsection | 23 | | (b) of this Section. | 24 | | The changes made to this subsection (a-15) by Public Act | 25 | | 94-839 are intended to restate and clarify the intent of Public | 26 | | Act 94-673 with respect to the amount of the payments required |
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| 1 | | to be made under this subsection by an owners licensee to the | 2 | | Board.
| 3 | | (b) Until January 1, 1998, 25% of the tax revenue deposited | 4 | | in the State
Gaming Fund under this Section shall be paid, | 5 | | subject to appropriation by the
General Assembly, to the unit | 6 | | of local government which is designated as the
home dock of the | 7 | | riverboat. Beginning January 1, 1998, from the tax revenue
| 8 | | deposited in the State Gaming Fund under this Section, an | 9 | | amount equal to 5% of
adjusted gross receipts generated by a | 10 | | riverboat shall be paid monthly, subject
to appropriation by | 11 | | the General Assembly, to the unit of local government that
is | 12 | | designated as the home dock of the riverboat. From the tax | 13 | | revenue
deposited in the State Gaming Fund pursuant to | 14 | | riverboat gambling operations
conducted by a licensed manager | 15 | | on behalf of the State, an amount equal to 5%
of adjusted gross | 16 | | receipts generated pursuant to those riverboat gambling
| 17 | | operations shall be paid monthly,
subject to appropriation by | 18 | | the General Assembly, to the unit of local
government that is | 19 | | designated as the home dock of the riverboat upon which
those | 20 | | riverboat gambling operations are conducted.
| 21 | | (c) Appropriations, as approved by the General Assembly, | 22 | | may be made
from the State Gaming Fund to the Board (i) for the | 23 | | administration and enforcement of this Act and the Video Gaming | 24 | | Act, (ii) for distribution to the Department of State Police | 25 | | and to the Department of Revenue for the enforcement of this | 26 | | Act, and (iii) to the
Department of Human Services for the |
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| 1 | | administration of programs to treat
problem gambling , | 2 | | including problem gambling from sports wagering .
| 3 | | (c-5) Before May 26, 2006 (the effective date of Public Act | 4 | | 94-804) and beginning on the effective date of this amendatory | 5 | | Act of the 95th General Assembly, unless any organization | 6 | | licensee under the Illinois Horse Racing Act of 1975 begins to | 7 | | operate a slot machine or video game of chance under the | 8 | | Illinois Horse Racing Act of 1975 or this Act, after the | 9 | | payments required under subsections (b) and (c) have been
made, | 10 | | an amount equal to 15% of the adjusted gross receipts of (1) an | 11 | | owners
licensee that relocates pursuant to Section 11.2,
(2) an | 12 | | owners licensee
conducting riverboat gambling operations
| 13 | | pursuant to an
owners license that is initially issued after | 14 | | June
25, 1999,
or (3) the first
riverboat gambling operations | 15 | | conducted by a licensed manager on behalf of the
State under | 16 | | Section 7.3,
whichever comes first, shall be paid from the | 17 | | State
Gaming Fund into the Horse Racing Equity Fund.
| 18 | | (c-10) Each year the General Assembly shall appropriate | 19 | | from the General
Revenue Fund to the Education Assistance Fund | 20 | | an amount equal to the amount
paid into the Horse Racing Equity | 21 | | Fund pursuant to subsection (c-5) in the
prior calendar year.
| 22 | | (c-15) After the payments required under subsections (b), | 23 | | (c), and (c-5)
have been made, an amount equal to 2% of the | 24 | | adjusted gross receipts of (1)
an owners licensee that | 25 | | relocates pursuant to Section 11.2, (2) an owners
licensee | 26 | | conducting riverboat gambling operations pursuant to
an
owners |
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| 1 | | license that is initially issued after June 25, 1999,
or (3) | 2 | | the first
riverboat gambling operations conducted by a licensed | 3 | | manager on behalf of the
State under Section 7.3,
whichever | 4 | | comes first, shall be paid, subject to appropriation
from the | 5 | | General Assembly, from the State Gaming Fund to each home rule
| 6 | | county with a population of over 3,000,000 inhabitants for the | 7 | | purpose of
enhancing the county's criminal justice system.
| 8 | | (c-20) Each year the General Assembly shall appropriate | 9 | | from the General
Revenue Fund to the Education Assistance Fund | 10 | | an amount equal to the amount
paid to each home rule county | 11 | | with a population of over 3,000,000 inhabitants
pursuant to | 12 | | subsection (c-15) in the prior calendar year.
| 13 | | (c-25) On July 1, 2013 and each July 1 thereafter, | 14 | | $1,600,000 shall be transferred from the State Gaming Fund to | 15 | | the Chicago State University Education Improvement Fund.
| 16 | | (c-30) On July 1, 2013 or as soon as possible thereafter, | 17 | | $92,000,000 shall be transferred from the State Gaming Fund to | 18 | | the School Infrastructure Fund and $23,000,000 shall be | 19 | | transferred from the State Gaming Fund to the Horse Racing | 20 | | Equity Fund. | 21 | | (c-35) Beginning on July 1, 2013, in addition to any amount | 22 | | transferred under subsection (c-30) of this Section, | 23 | | $5,530,000 shall be transferred monthly from the State Gaming | 24 | | Fund to the School Infrastructure Fund. | 25 | | (d) From time to time, the
Board shall transfer the | 26 | | remainder of the funds
generated by this Act into the Education
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| 1 | | Assistance Fund, created by Public Act 86-0018, of the State of | 2 | | Illinois.
| 3 | | (e) Nothing in this Act shall prohibit the unit of local | 4 | | government
designated as the home dock of the riverboat from | 5 | | entering into agreements
with other units of local government | 6 | | in this State or in other states to
share its portion of the | 7 | | tax revenue.
| 8 | | (f) To the extent practicable, the Board shall administer | 9 | | and collect the
wagering taxes imposed by this Section in a | 10 | | manner consistent with the
provisions of Sections 4, 5, 5a, 5b, | 11 | | 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
6c, 8, 9, and 10 of the | 12 | | Retailers' Occupation Tax Act and Section 3-7 of the
Uniform | 13 | | Penalty and Interest Act.
| 14 | | (Source: P.A. 98-18, eff. 6-7-13.)
| 15 | | Section 5-915. The Criminal Code of 2012 is amended by | 16 | | changing Sections 28-1, 28-3, and 28-5 as follows:
| 17 | | (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
| 18 | | Sec. 28-1. Gambling.
| 19 | | (a) A person commits gambling when he or she:
| 20 | | (1) knowingly plays a game of chance or skill for money | 21 | | or other thing of
value, unless excepted in subsection (b) | 22 | | of this Section;
| 23 | | (2) knowingly makes a wager upon the result of any | 24 | | game, contest, or any
political nomination, appointment or |
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| 1 | | election;
| 2 | | (3) knowingly operates, keeps, owns, uses, purchases, | 3 | | exhibits, rents, sells,
bargains for the sale or lease of, | 4 | | manufactures or distributes any
gambling device;
| 5 | | (4) contracts to have or give himself or herself or | 6 | | another the option to buy
or sell, or contracts to buy or | 7 | | sell, at a future time, any grain or
other commodity | 8 | | whatsoever, or any stock or security of any company,
where | 9 | | it is at the time of making such contract intended by both | 10 | | parties
thereto that the contract to buy or sell, or the | 11 | | option, whenever
exercised, or the contract resulting | 12 | | therefrom, shall be settled, not by
the receipt or delivery | 13 | | of such property, but by the payment only of
differences in | 14 | | prices thereof; however, the issuance, purchase, sale,
| 15 | | exercise, endorsement or guarantee, by or through a person | 16 | | registered
with the Secretary of State pursuant to Section | 17 | | 8 of the Illinois
Securities Law of 1953, or by or through | 18 | | a person exempt from such
registration under said Section | 19 | | 8, of a put, call, or other option to
buy or sell | 20 | | securities which have been registered with the Secretary of
| 21 | | State or which are exempt from such registration under | 22 | | Section 3 of the
Illinois Securities Law of 1953 is not | 23 | | gambling within the meaning of
this paragraph (4);
| 24 | | (5) knowingly owns or possesses any book, instrument or | 25 | | apparatus by
means of which bets or wagers have been, or | 26 | | are, recorded or registered,
or knowingly possesses any |
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| 1 | | money which he has received in the course of
a bet or | 2 | | wager;
| 3 | | (6) knowingly sells pools upon the result of any game | 4 | | or contest of skill or
chance, political nomination, | 5 | | appointment or election;
| 6 | | (7) knowingly sets up or promotes any lottery or sells, | 7 | | offers to sell or
transfers any ticket or share for any | 8 | | lottery;
| 9 | | (8) knowingly sets up or promotes any policy game or | 10 | | sells, offers to sell or
knowingly possesses or transfers | 11 | | any policy ticket, slip, record,
document or other similar | 12 | | device;
| 13 | | (9) knowingly drafts, prints or publishes any lottery | 14 | | ticket or share,
or any policy ticket, slip, record, | 15 | | document or similar device, except for
such activity | 16 | | related to lotteries, bingo games and raffles authorized by
| 17 | | and conducted in accordance with the laws of Illinois or | 18 | | any other state or
foreign government;
| 19 | | (10) knowingly advertises any lottery or policy game, | 20 | | except for such
activity related to lotteries, bingo games | 21 | | and raffles authorized by and
conducted in accordance with | 22 | | the laws of Illinois or any other state;
| 23 | | (11) knowingly transmits information as to wagers, | 24 | | betting odds, or
changes in betting odds by telephone, | 25 | | telegraph, radio, semaphore or
similar means; or knowingly | 26 | | installs or maintains equipment for the
transmission or |
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| 1 | | receipt of such information; except that nothing in this
| 2 | | subdivision (11) prohibits transmission or receipt of such | 3 | | information
for use in news reporting of sporting events or | 4 | | contests; or
| 5 | | (12) knowingly establishes, maintains, or operates an | 6 | | Internet site that
permits a person to play a game of
| 7 | | chance or skill for money or other thing of value by means | 8 | | of the Internet or
to make a wager upon the
result of any | 9 | | game, contest, political nomination, appointment, or
| 10 | | election by means of the Internet. This item (12) does not | 11 | | apply to activities referenced in items (6) , and (6.1) , and | 12 | | (15) of subsection (b) of this Section.
| 13 | | (b) Participants in any of the following activities shall | 14 | | not be
convicted of gambling:
| 15 | | (1) Agreements to compensate for loss caused by the | 16 | | happening of
chance including without limitation contracts | 17 | | of indemnity or guaranty
and life or health or accident | 18 | | insurance.
| 19 | | (2) Offers of prizes, award or compensation to the | 20 | | actual
contestants in any bona fide contest for the | 21 | | determination of skill,
speed, strength or endurance or to | 22 | | the owners of animals or vehicles
entered in such contest.
| 23 | | (3) Pari-mutuel betting as authorized by the law of | 24 | | this State.
| 25 | | (4) Manufacture of gambling devices, including the | 26 | | acquisition of
essential parts therefor and the assembly |
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| 1 | | thereof, for transportation in
interstate or foreign | 2 | | commerce to any place outside this State when such
| 3 | | transportation is not prohibited by any applicable Federal | 4 | | law; or the
manufacture, distribution, or possession of | 5 | | video gaming terminals, as
defined in the Video Gaming Act, | 6 | | by manufacturers, distributors, and
terminal operators | 7 | | licensed to do so under the Video Gaming Act.
| 8 | | (5) The game commonly known as "bingo", when conducted | 9 | | in accordance
with the Bingo License and Tax Act.
| 10 | | (6) Lotteries when conducted by the State of Illinois | 11 | | in accordance
with the Illinois Lottery Law. This exemption | 12 | | includes any activity conducted by the Department of | 13 | | Revenue to sell lottery tickets pursuant to the provisions | 14 | | of the Illinois Lottery Law and its rules.
| 15 | | (6.1) The purchase of lottery tickets through the | 16 | | Internet for a lottery conducted by the State of Illinois | 17 | | under the program established in Section 7.12 of the | 18 | | Illinois Lottery Law.
| 19 | | (7) Possession of an antique slot machine that is | 20 | | neither used nor
intended to be used in the operation or | 21 | | promotion of any unlawful
gambling activity or enterprise. | 22 | | For the purpose of this subparagraph
(b)(7), an antique | 23 | | slot machine is one manufactured 25 years ago or earlier.
| 24 | | (8) Raffles and poker runs when conducted in accordance | 25 | | with the Raffles and Poker Runs Act.
| 26 | | (9) Charitable games when conducted in accordance with |
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| 1 | | the Charitable
Games Act.
| 2 | | (10) Pull tabs and jar games when conducted under the | 3 | | Illinois Pull
Tabs and Jar Games Act.
| 4 | | (11) Gambling games conducted on riverboats when
| 5 | | authorized by the Riverboat Gambling Act.
| 6 | | (12) Video gaming terminal games at a licensed | 7 | | establishment, licensed truck stop establishment,
licensed
| 8 | | fraternal establishment, or licensed veterans | 9 | | establishment when
conducted in accordance with the Video | 10 | | Gaming Act. | 11 | | (13) Games of skill or chance where money or other | 12 | | things of value can be won but no payment or purchase is | 13 | | required to participate. | 14 | | (14) Savings promotion raffles authorized under | 15 | | Section 5g of the Illinois Banking Act, Section 7008 of the | 16 | | Savings Bank Act, Section 42.7 of the Illinois Credit Union | 17 | | Act, Section 5136B of the National Bank Act (12 U.S.C. | 18 | | 25a), or Section 4 of the Home Owners' Loan Act (12 U.S.C. | 19 | | 1463). | 20 | | (15) Sports wagering when conducted in accordance with | 21 | | the Sports Wagering Act. | 22 | | (c) Sentence.
| 23 | | Gambling is a
Class A misdemeanor. A second or
subsequent | 24 | | conviction under subsections (a)(3) through (a)(12),
is a Class | 25 | | 4 felony.
| 26 | | (d) Circumstantial evidence.
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| 1 | | In prosecutions under
this
Section circumstantial evidence | 2 | | shall have the same validity and weight as
in any criminal | 3 | | prosecution.
| 4 | | (Source: P.A. 98-644, eff. 6-10-14; 99-149, eff. 1-1-16 .)
| 5 | | (720 ILCS 5/28-3)
(from Ch. 38, par. 28-3)
| 6 | | Sec. 28-3. Keeping a Gambling Place. A "gambling place" is | 7 | | any real
estate, vehicle, boat or any other property whatsoever | 8 | | used for the
purposes of gambling other than gambling conducted | 9 | | in the manner authorized
by the Riverboat Gambling Act , the | 10 | | Sports Wagering Act, or the Video Gaming Act. Any person who
| 11 | | knowingly permits any premises
or property owned or occupied by | 12 | | him or under his control to be used as a
gambling place commits | 13 | | a Class A misdemeanor. Each subsequent offense is a
Class 4 | 14 | | felony. When any premises is determined by the circuit court to | 15 | | be
a gambling place:
| 16 | | (a) Such premises is a public nuisance and may be proceeded | 17 | | against as such,
and
| 18 | | (b) All licenses, permits or certificates issued by the | 19 | | State of
Illinois or any subdivision or public agency thereof | 20 | | authorizing the
serving of food or liquor on such premises | 21 | | shall be void; and no license,
permit or certificate so | 22 | | cancelled shall be reissued for such premises for
a period of | 23 | | 60 days thereafter; nor shall any person convicted of keeping a
| 24 | | gambling place be reissued such license
for one year from his | 25 | | conviction and, after a second conviction of keeping
a gambling |
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| 1 | | place, any such person shall not be reissued such license, and
| 2 | | (c) Such premises of any person who knowingly permits | 3 | | thereon a
violation of any Section of this Article shall be | 4 | | held liable for, and may
be sold to pay any unsatisfied | 5 | | judgment that may be recovered and any
unsatisfied fine that | 6 | | may be levied under any Section of this Article.
| 7 | | (Source: P.A. 96-34, eff. 7-13-09.)
| 8 | | (720 ILCS 5/28-5) (from Ch. 38, par. 28-5)
| 9 | | Sec. 28-5. Seizure of gambling devices and gambling funds.
| 10 | | (a) Every device designed for gambling which is incapable | 11 | | of lawful use
or every device used unlawfully for gambling | 12 | | shall be considered a
"gambling device", and shall be subject | 13 | | to seizure, confiscation and
destruction by the Department of | 14 | | State Police or by any municipal, or other
local authority, | 15 | | within whose jurisdiction the same may be found. As used
in | 16 | | this Section, a "gambling device" includes any slot machine, | 17 | | and
includes any machine or device constructed for the | 18 | | reception of money or
other thing of value and so constructed | 19 | | as to return, or to cause someone
to return, on chance to the | 20 | | player thereof money, property or a right to
receive money or | 21 | | property. With the exception of any device designed for
| 22 | | gambling which is incapable of lawful use, no gambling device | 23 | | shall be
forfeited or destroyed unless an individual with a | 24 | | property interest in
said device knows of the unlawful use of | 25 | | the device.
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| 1 | | (b) Every gambling device shall be seized and forfeited to | 2 | | the county
wherein such seizure occurs. Any money or other | 3 | | thing of value integrally
related to acts of gambling shall be | 4 | | seized and forfeited to the county
wherein such seizure occurs.
| 5 | | (c) If, within 60 days after any seizure pursuant to | 6 | | subparagraph
(b) of this Section, a person having any property | 7 | | interest in the seized
property is charged with an offense, the | 8 | | court which renders judgment
upon such charge shall, within 30 | 9 | | days after such judgment, conduct a
forfeiture hearing to | 10 | | determine whether such property was a gambling device
at the | 11 | | time of seizure. Such hearing shall be commenced by a written
| 12 | | petition by the State, including material allegations of fact, | 13 | | the name
and address of every person determined by the State to | 14 | | have any property
interest in the seized property, a | 15 | | representation that written notice of
the date, time and place | 16 | | of such hearing has been mailed to every such
person by | 17 | | certified mail at least 10 days before such date, and a
request | 18 | | for forfeiture. Every such person may appear as a party and
| 19 | | present evidence at such hearing. The quantum of proof required | 20 | | shall
be a preponderance of the evidence, and the burden of | 21 | | proof shall be on
the State. If the court determines that the | 22 | | seized property was
a gambling device at the time of seizure, | 23 | | an order of forfeiture and
disposition of the seized property | 24 | | shall be entered: a gambling device
shall be received by the | 25 | | State's Attorney, who shall effect its
destruction, except that | 26 | | valuable parts thereof may be liquidated and
the resultant |
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| 1 | | money shall be deposited in the general fund of the county
| 2 | | wherein such seizure occurred; money and other things of value | 3 | | shall be
received by the State's Attorney and, upon | 4 | | liquidation, shall be
deposited in the general fund of the | 5 | | county wherein such seizure
occurred. However, in the event | 6 | | that a defendant raises the defense
that the seized slot | 7 | | machine is an antique slot machine described in
subparagraph | 8 | | (b) (7) of Section 28-1 of this Code and therefore he is
exempt | 9 | | from the charge of a gambling activity participant, the seized
| 10 | | antique slot machine shall not be destroyed or otherwise | 11 | | altered until a
final determination is made by the Court as to | 12 | | whether it is such an
antique slot machine. Upon a final | 13 | | determination by the Court of this
question in favor of the | 14 | | defendant, such slot machine shall be
immediately returned to | 15 | | the defendant. Such order of forfeiture and
disposition shall, | 16 | | for the purposes of appeal, be a final order and
judgment in a | 17 | | civil proceeding.
| 18 | | (d) If a seizure pursuant to subparagraph (b) of this | 19 | | Section is not
followed by a charge pursuant to subparagraph | 20 | | (c) of this Section, or if
the prosecution of such charge is | 21 | | permanently terminated or indefinitely
discontinued without | 22 | | any judgment of conviction or acquittal (1) the
State's | 23 | | Attorney shall commence an in rem proceeding for the forfeiture
| 24 | | and destruction of a gambling device, or for the forfeiture and | 25 | | deposit
in the general fund of the county of any seized money | 26 | | or other things of
value, or both, in the circuit court and (2) |
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| 1 | | any person having any
property interest in such seized gambling | 2 | | device, money or other thing
of value may commence separate | 3 | | civil proceedings in the manner provided
by law.
| 4 | | (e) Any gambling device displayed for sale to a riverboat | 5 | | gambling
operation or used to train occupational licensees of a | 6 | | riverboat gambling
operation as authorized under the Riverboat | 7 | | Gambling Act is exempt from
seizure under this Section.
| 8 | | (f) Any gambling equipment, devices and supplies provided | 9 | | by a licensed
supplier in accordance with the Riverboat | 10 | | Gambling Act which are removed
from the riverboat for repair | 11 | | are exempt from seizure under this Section.
| 12 | | (g) The following video gaming terminals are exempt from | 13 | | seizure under this Section: | 14 | | (1) Video gaming terminals for sale to a licensed | 15 | | distributor or operator under the Video Gaming Act. | 16 | | (2) Video gaming terminals used to train licensed | 17 | | technicians or licensed terminal handlers. | 18 | | (3) Video gaming terminals that are removed from a | 19 | | licensed establishment, licensed truck stop establishment,
| 20 | | licensed
fraternal establishment, or licensed veterans | 21 | | establishment for repair. | 22 | | (h) Property seized or forfeited under this Section is | 23 | | subject to reporting under the Seizure and Forfeiture Reporting | 24 | | Act. | 25 | | (i) Any sports lottery terminals provided by a central | 26 | | system provider that are removed from a lottery retailer for |
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| 1 | | repair under the Sports Wagering Act are exempt from seizure | 2 | | under this Section. | 3 | | (Source: P.A. 100-512, eff. 7-1-18 .)
| 4 | | Article 99. Effective Date
| 5 | | Section 99-99. Effective date. This Act takes effect upon | 6 | | becoming law.".
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