Full Text of HB3308 101st General Assembly
HB3308ham004 101ST GENERAL ASSEMBLY | Rep. Elizabeth Hernandez Filed: 3/21/2019
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| 1 | | AMENDMENT TO HOUSE BILL 3308
| 2 | | AMENDMENT NO. ______. Amend House Bill 3308 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Illinois Lottery Sports Wagering Act. | 6 | | Section 5. Definitions. As used in this Act: | 7 | | "Adjusted gross sports wagering receipts" means a sports | 8 | | wagering operator's gross sports wagering receipts, less | 9 | | winnings paid to wagerers in such games. | 10 | | "Central system" means the hardware, software, | 11 | | peripherals, and network components provided by the | 12 | | Department's central system provider that link and support all | 13 | | required sports lottery terminals and the central site. | 14 | | "Central system provider" means an individual, | 15 | | partnership, corporation, or limited liability company that | 16 | | has been licensed for the purpose of providing and maintaining |
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| 1 | | a central system and the related management facilities. | 2 | | "Department" means the Department of the Lottery. | 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 | | "Sports wager" means a lottery wager on the result or | 15 | | results of a sports event. Results include the final score of a | 16 | | sports event and the occurrence or non-occurrence during a | 17 | | sports event not directly affecting the sports event's final | 18 | | outcome. | 19 | | "Wager" means risking a sum of money on an uncertain event | 20 | | of which the participant has no control on the outcome of the | 21 | | event. | 22 | | Section 10. Competitive bid process for a central system | 23 | | provider. The Board shall issue one central system provider | 24 | | license pursuant to an open and competitive bidding process | 25 | | that uses the following procedures: |
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| 1 | | (1) The Board shall make applications for the central | 2 | | system provider license available to the public and allow a | 3 | | reasonable time for applicants to submit applications to | 4 | | the Board. | 5 | | (2) During the filing period for central system | 6 | | provider license applications, the Board may retain the | 7 | | services of an investment banking firm to assist the Board | 8 | | in conducting the open and competitive bidding process. | 9 | | (3) After receiving all of the bid proposals, the Board | 10 | | shall open all of the proposals in a public forum and | 11 | | disclose the prospective central system provider names and | 12 | | venture partners, if any. | 13 | | (4) The Board shall summarize the terms of the bid | 14 | | proposals and may make this summary available to the | 15 | | public. | 16 | | (5) The Board shall evaluate the bid proposals within a | 17 | | reasonable time and select no more than 3 final applicants | 18 | | to make presentations of their bid proposals to the Board. | 19 | | (6) The final applicants shall make their | 20 | | presentations to the Board on the same day during an open | 21 | | session of the Board. | 22 | | (7) As soon as practicable after the public | 23 | | presentations by the final applicants, the Board, in its | 24 | | discretion, may conduct further negotiations among the 3 | 25 | | final applicants. During such negotiations, each final | 26 | | applicant may increase its license bid or otherwise enhance |
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| 1 | | its bid proposal. At the conclusion of such negotiations, | 2 | | the Board shall select the winning bid. | 3 | | (8) Upon selection of the winning bid, the Board shall | 4 | | evaluate the winning bid within a reasonable period of time | 5 | | for licensee suitability in accordance with all applicable | 6 | | statutory and regulatory criteria. | 7 | | (9) If the winning bidder is unable or otherwise fails | 8 | | to consummate the transaction, (including if the Board | 9 | | determines that the winning bidder does not satisfy the | 10 | | suitability requirements), the Board may, on the same | 11 | | criteria, select from the remaining bidders. | 12 | | Section 15. Minimum requirements for terminals. Every | 13 | | sports lottery terminal offered in this State for play shall | 14 | | first be tested and approved pursuant to the rules of the | 15 | | Department, and each sports lottery terminal offered in this | 16 | | State for play shall conform to an approved model. For the | 17 | | examination of sports lottery terminals and associated | 18 | | equipment as required by this Section, the central system | 19 | | provider may utilize the services of one or more independent | 20 | | outside testing laboratories that have been accredited by a | 21 | | national accreditation body and that, in the judgment of the | 22 | | Department, are qualified to perform such examinations. Every | 23 | | sports lottery terminal offered in this State for play must | 24 | | meet minimum standards set by an independent outside testing | 25 | | laboratory approved by the Department. |
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| 1 | | The Department may adopt rules to establish additional | 2 | | criteria to preserve the integrity and security of sports | 3 | | wagering in this State. | 4 | | Section 20. Direct dispensing of receipt tickets only. A | 5 | | sports lottery terminal may not directly dispense coins, cash, | 6 | | tokens, or any other article of exchange or value except for | 7 | | receipt tickets. Tickets shall be dispensed by pressing the | 8 | | ticket dispensing button on the sports lottery terminal at the | 9 | | end of the placement of one's wager or wagers. The ticket shall | 10 | | indicate the total amount wagered, odds for each wager placed, | 11 | | and the cash award for each bet placed, the time of day in a | 12 | | 24-hour format showing hours and minutes, the date, the | 13 | | terminal serial number, the sequential number of the ticket, | 14 | | and an encrypted validation number from which the validity of | 15 | | the prize may be determined. The player shall turn in this | 16 | | ticket to the appropriate person at a lottery retailer to | 17 | | receive the cash award. | 18 | | Section 25. Sports lottery terminal use by minors | 19 | | prohibited. No lottery retailer may cause or permit any person | 20 | | under the age of 18 years to use a sports lottery terminal or | 21 | | sports wagering application. A lottery retailer who knowingly | 22 | | causes or permits a person under the age of 18 years to use a | 23 | | sports lottery terminal or sports wagering application is | 24 | | guilty of a business offense and shall be fined an amount not |
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| 1 | | to exceed $5,000. | 2 | | Section 30. Sports wagering games. The Department shall, by | 3 | | rule, establish what types of sports wagers may be offered by a | 4 | | lottery retailer. This shall also include the total amount, as | 5 | | a percentage, of all wagers placed that a lottery retailer may | 6 | | retain. | 7 | | Section 35. Authority of the Department of the Lottery. | 8 | | (a) The Department shall have jurisdiction over and shall | 9 | | supervise all sports wagering operations governed by this Act. | 10 | | The Department shall have all powers necessary and proper to | 11 | | fully and effectively execute the provisions of this Act, | 12 | | including, but not limited to, the following: | 13 | | (1) To investigate applicants and determine the | 14 | | eligibility of applicants for licenses and to select among | 15 | | competing applicants the applicants which best serve the | 16 | | interests of the citizens of Illinois. | 17 | | (2) To have jurisdiction and supervision over all | 18 | | lottery sports wagering operations in this State and all | 19 | | persons in establishments where video gaming operations | 20 | | are conducted. | 21 | | (3) To adopt rules for the purpose of administering the | 22 | | provisions of this Act and to adopt rules and conditions | 23 | | under which all sports wagering in the State shall be | 24 | | conducted. Such rules are to provide for the prevention of |
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| 1 | | practices detrimental to the public interest and for the | 2 | | best interests of lottery sports wagering, including rules | 3 | | (i) regarding the inspection of such licensees necessary to | 4 | | operate a lottery retailer under any laws or rules | 5 | | applicable to licensees, (ii) to impose penalties for | 6 | | violations of the Act and its rules, and (iii) establishing | 7 | | standards for advertising sports wagering. | 8 | | (b) The Department shall adopt emergency rules to | 9 | | administer this Act in accordance with Section 5-45 of the | 10 | | Illinois Administrative Procedure Act. For the purposes of the | 11 | | Illinois Administrative Procedure Act, the General Assembly | 12 | | finds that the adoption of rules to implement this Act is | 13 | | deemed an emergency and necessary to the public interest, | 14 | | safety, and welfare. | 15 | | Section 40. Sports wagering revenue. For the privilege of | 16 | | operating sports wagering under this Act, this State shall | 17 | | impose and collect 50% of adjusted gross sports wagering | 18 | | receipts, which shall be deposited in equal amounts to the | 19 | | Pension Stabilization Fund, the Common School Fund, and the | 20 | | State Construction Account Fund. The taxes levied and collected | 21 | | pursuant to this Section are due and payable to the Department. | 22 | | Section 90. The Illinois Administrative Procedure Act is | 23 | | amended by changing Section 5-45 as follows: |
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| 1 | | (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45) | 2 | | Sec. 5-45. Emergency rulemaking. | 3 | | (a) "Emergency" means the existence of any situation that | 4 | | any agency
finds reasonably constitutes a threat to the public | 5 | | interest, safety, or
welfare. | 6 | | (b) If any agency finds that an
emergency exists that | 7 | | requires adoption of a rule upon fewer days than
is required by | 8 | | Section 5-40 and states in writing its reasons for that
| 9 | | finding, the agency may adopt an emergency rule without prior | 10 | | notice or
hearing upon filing a notice of emergency rulemaking | 11 | | with the Secretary of
State under Section 5-70. The notice | 12 | | shall include the text of the
emergency rule and shall be | 13 | | published in the Illinois Register. Consent
orders or other | 14 | | court orders adopting settlements negotiated by an agency
may | 15 | | be adopted under this Section. Subject to applicable | 16 | | constitutional or
statutory provisions, an emergency rule | 17 | | becomes effective immediately upon
filing under Section 5-65 or | 18 | | at a stated date less than 10 days
thereafter. The agency's | 19 | | finding and a statement of the specific reasons
for the finding | 20 | | shall be filed with the rule. The agency shall take
reasonable | 21 | | and appropriate measures to make emergency rules known to the
| 22 | | persons who may be affected by them. | 23 | | (c) An emergency rule may be effective for a period of not | 24 | | longer than
150 days, but the agency's authority to adopt an | 25 | | identical rule under Section
5-40 is not precluded. No | 26 | | emergency rule may be adopted more
than once in any 24-month |
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| 1 | | period, except that this limitation on the number
of emergency | 2 | | rules that may be adopted in a 24-month period does not apply
| 3 | | to (i) emergency rules that make additions to and deletions | 4 | | from the Drug
Manual under Section 5-5.16 of the Illinois | 5 | | Public Aid Code or the
generic drug formulary under Section | 6 | | 3.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) | 7 | | emergency rules adopted by the Pollution Control
Board before | 8 | | July 1, 1997 to implement portions of the Livestock Management
| 9 | | Facilities Act, (iii) emergency rules adopted by the Illinois | 10 | | Department of Public Health under subsections (a) through (i) | 11 | | of Section 2 of the Department of Public Health Act when | 12 | | necessary to protect the public's health, (iv) emergency rules | 13 | | adopted pursuant to subsection (n) of this Section, (v) | 14 | | emergency rules adopted pursuant to subsection (o) of this | 15 | | Section, or (vi) emergency rules adopted pursuant to subsection | 16 | | (c-5) of this Section. Two or more emergency rules having | 17 | | substantially the same
purpose and effect shall be deemed to be | 18 | | a single rule for purposes of this
Section. | 19 | | (c-5) To facilitate the maintenance of the program of group | 20 | | health benefits provided to annuitants, survivors, and retired | 21 | | employees under the State Employees Group Insurance Act of | 22 | | 1971, rules to alter the contributions to be paid by the State, | 23 | | annuitants, survivors, retired employees, or any combination | 24 | | of those entities, for that program of group health benefits, | 25 | | shall be adopted as emergency rules. The adoption of those | 26 | | rules shall be considered an emergency and necessary for the |
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| 1 | | public interest, safety, and welfare. | 2 | | (d) In order to provide for the expeditious and timely | 3 | | implementation
of the State's fiscal year 1999 budget, | 4 | | emergency rules to implement any
provision of Public Act 90-587 | 5 | | or 90-588
or any other budget initiative for fiscal year 1999 | 6 | | may be adopted in
accordance with this Section by the agency | 7 | | charged with administering that
provision or initiative, | 8 | | except that the 24-month limitation on the adoption
of | 9 | | emergency rules and the provisions of Sections 5-115 and 5-125 | 10 | | do not apply
to rules adopted under this subsection (d). The | 11 | | adoption of emergency rules
authorized by this subsection (d) | 12 | | shall be deemed to be necessary for the
public interest, | 13 | | safety, and welfare. | 14 | | (e) In order to provide for the expeditious and timely | 15 | | implementation
of the State's fiscal year 2000 budget, | 16 | | emergency rules to implement any
provision of Public Act 91-24
| 17 | | or any other budget initiative for fiscal year 2000 may be | 18 | | adopted in
accordance with this Section by the agency charged | 19 | | with administering that
provision or initiative, except that | 20 | | the 24-month limitation on the adoption
of emergency rules and | 21 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 22 | | rules adopted under this subsection (e). The adoption of | 23 | | emergency rules
authorized by this subsection (e) shall be | 24 | | deemed to be necessary for the
public interest, safety, and | 25 | | welfare. | 26 | | (f) In order to provide for the expeditious and timely |
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| 1 | | implementation
of the State's fiscal year 2001 budget, | 2 | | emergency rules to implement any
provision of Public Act 91-712
| 3 | | or any other budget initiative for fiscal year 2001 may be | 4 | | adopted in
accordance with this Section by the agency charged | 5 | | with administering that
provision or initiative, except that | 6 | | the 24-month limitation on the adoption
of emergency rules and | 7 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 8 | | rules adopted under this subsection (f). The adoption of | 9 | | emergency rules
authorized by this subsection (f) shall be | 10 | | deemed to be necessary for the
public interest, safety, and | 11 | | welfare. | 12 | | (g) In order to provide for the expeditious and timely | 13 | | implementation
of the State's fiscal year 2002 budget, | 14 | | emergency rules to implement any
provision of Public Act 92-10
| 15 | | or any other budget initiative for fiscal year 2002 may be | 16 | | adopted in
accordance with this Section by the agency charged | 17 | | with administering that
provision or initiative, except that | 18 | | the 24-month limitation on the adoption
of emergency rules and | 19 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 20 | | rules adopted under this subsection (g). The adoption of | 21 | | emergency rules
authorized by this subsection (g) shall be | 22 | | deemed to be necessary for the
public interest, safety, and | 23 | | welfare. | 24 | | (h) In order to provide for the expeditious and timely | 25 | | implementation
of the State's fiscal year 2003 budget, | 26 | | emergency rules to implement any
provision of Public Act 92-597
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| 1 | | or any other budget initiative for fiscal year 2003 may be | 2 | | adopted in
accordance with this Section by the agency charged | 3 | | with administering that
provision or initiative, except that | 4 | | the 24-month limitation on the adoption
of emergency rules and | 5 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 6 | | rules adopted under this subsection (h). The adoption of | 7 | | emergency rules
authorized by this subsection (h) shall be | 8 | | deemed to be necessary for the
public interest, safety, and | 9 | | welfare. | 10 | | (i) In order to provide for the expeditious and timely | 11 | | implementation
of the State's fiscal year 2004 budget, | 12 | | emergency rules to implement any
provision of Public Act 93-20
| 13 | | or any other budget initiative for fiscal year 2004 may be | 14 | | adopted in
accordance with this Section by the agency charged | 15 | | with administering that
provision or initiative, except that | 16 | | the 24-month limitation on the adoption
of emergency rules and | 17 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 18 | | rules adopted under this subsection (i). The adoption of | 19 | | emergency rules
authorized by this subsection (i) shall be | 20 | | deemed to be necessary for the
public interest, safety, and | 21 | | welfare. | 22 | | (j) In order to provide for the expeditious and timely | 23 | | implementation of the provisions of the State's fiscal year | 24 | | 2005 budget as provided under the Fiscal Year 2005 Budget | 25 | | Implementation (Human Services) Act, emergency rules to | 26 | | implement any provision of the Fiscal Year 2005 Budget |
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| 1 | | Implementation (Human Services) Act may be adopted in | 2 | | accordance with this Section by the agency charged with | 3 | | administering that provision, except that the 24-month | 4 | | limitation on the adoption of emergency rules and the | 5 | | provisions of Sections 5-115 and 5-125 do not apply to rules | 6 | | adopted under this subsection (j). The Department of Public Aid | 7 | | may also adopt rules under this subsection (j) necessary to | 8 | | administer the Illinois Public Aid Code and the Children's | 9 | | Health Insurance Program Act. The adoption of emergency rules | 10 | | authorized by this subsection (j) shall be deemed to be | 11 | | necessary for the public interest, safety, and welfare.
| 12 | | (k) In order to provide for the expeditious and timely | 13 | | implementation of the provisions of the State's fiscal year | 14 | | 2006 budget, emergency rules to implement any provision of | 15 | | Public Act 94-48 or any other budget initiative for fiscal year | 16 | | 2006 may be adopted in accordance with this Section by the | 17 | | agency charged with administering that provision or | 18 | | initiative, except that the 24-month limitation on the adoption | 19 | | of emergency rules and the provisions of Sections 5-115 and | 20 | | 5-125 do not apply to rules adopted under this subsection (k). | 21 | | The Department of Healthcare and Family Services may also adopt | 22 | | rules under this subsection (k) necessary to administer the | 23 | | Illinois Public Aid Code, the Senior Citizens and Persons with | 24 | | Disabilities Property Tax Relief Act, the Senior Citizens and | 25 | | Disabled Persons Prescription Drug Discount Program Act (now | 26 | | the Illinois Prescription Drug Discount Program Act), and the |
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| 1 | | Children's Health Insurance Program Act. The adoption of | 2 | | emergency rules authorized by this subsection (k) shall be | 3 | | deemed to be necessary for the public interest, safety, and | 4 | | welfare.
| 5 | | (l) In order to provide for the expeditious and timely | 6 | | implementation of the provisions of the
State's fiscal year | 7 | | 2007 budget, the Department of Healthcare and Family Services | 8 | | may adopt emergency rules during fiscal year 2007, including | 9 | | rules effective July 1, 2007, in
accordance with this | 10 | | subsection to the extent necessary to administer the | 11 | | Department's responsibilities with respect to amendments to | 12 | | the State plans and Illinois waivers approved by the federal | 13 | | Centers for Medicare and Medicaid Services necessitated by the | 14 | | requirements of Title XIX and Title XXI of the federal Social | 15 | | Security Act. The adoption of emergency rules
authorized by | 16 | | this subsection (l) shall be deemed to be necessary for the | 17 | | public interest,
safety, and welfare.
| 18 | | (m) In order to provide for the expeditious and timely | 19 | | implementation of the provisions of the
State's fiscal year | 20 | | 2008 budget, the Department of Healthcare and Family Services | 21 | | may adopt emergency rules during fiscal year 2008, including | 22 | | rules effective July 1, 2008, in
accordance with this | 23 | | subsection to the extent necessary to administer the | 24 | | Department's responsibilities with respect to amendments to | 25 | | the State plans and Illinois waivers approved by the federal | 26 | | Centers for Medicare and Medicaid Services necessitated by the |
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| 1 | | requirements of Title XIX and Title XXI of the federal Social | 2 | | Security Act. The adoption of emergency rules
authorized by | 3 | | this subsection (m) shall be deemed to be necessary for the | 4 | | public interest,
safety, and welfare.
| 5 | | (n) In order to provide for the expeditious and timely | 6 | | implementation of the provisions of the State's fiscal year | 7 | | 2010 budget, emergency rules to implement any provision of | 8 | | Public Act 96-45 or any other budget initiative authorized by | 9 | | the 96th General Assembly for fiscal year 2010 may be adopted | 10 | | in accordance with this Section by the agency charged with | 11 | | administering that provision or initiative. The adoption of | 12 | | emergency rules authorized by this subsection (n) shall be | 13 | | deemed to be necessary for the public interest, safety, and | 14 | | welfare. The rulemaking authority granted in this subsection | 15 | | (n) shall apply only to rules promulgated during Fiscal Year | 16 | | 2010. | 17 | | (o) In order to provide for the expeditious and timely | 18 | | implementation of the provisions of the State's fiscal year | 19 | | 2011 budget, emergency rules to implement any provision of | 20 | | Public Act 96-958 or any other budget initiative authorized by | 21 | | the 96th General Assembly for fiscal year 2011 may be adopted | 22 | | in accordance with this Section by the agency charged with | 23 | | administering that provision or initiative. The adoption of | 24 | | emergency rules authorized by this subsection (o) is deemed to | 25 | | be necessary for the public interest, safety, and welfare. The | 26 | | rulemaking authority granted in this subsection (o) applies |
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| 1 | | only to rules promulgated on or after July 1, 2010 (the | 2 | | effective date of Public Act 96-958) through June 30, 2011. | 3 | | (p) In order to provide for the expeditious and timely | 4 | | implementation of the provisions of Public Act 97-689, | 5 | | emergency rules to implement any provision of Public Act 97-689 | 6 | | may be adopted in accordance with this subsection (p) by the | 7 | | agency charged with administering that provision or | 8 | | initiative. The 150-day limitation of the effective period of | 9 | | emergency rules does not apply to rules adopted under this | 10 | | subsection (p), and the effective period may continue through | 11 | | June 30, 2013. The 24-month limitation on the adoption of | 12 | | emergency rules does not apply to rules adopted under this | 13 | | subsection (p). The adoption of emergency rules authorized by | 14 | | this subsection (p) is deemed to be necessary for the public | 15 | | interest, safety, and welfare. | 16 | | (q) In order to provide for the expeditious and timely | 17 | | implementation of the provisions of Articles 7, 8, 9, 11, and | 18 | | 12 of Public Act 98-104, emergency rules to implement any | 19 | | provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104 | 20 | | may be adopted in accordance with this subsection (q) by the | 21 | | agency charged with administering that provision or | 22 | | initiative. The 24-month limitation on the adoption of | 23 | | emergency rules does not apply to rules adopted under this | 24 | | subsection (q). The adoption of emergency rules authorized by | 25 | | this subsection (q) is deemed to be necessary for the public | 26 | | interest, safety, and welfare. |
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| 1 | | (r) In order to provide for the expeditious and timely | 2 | | implementation of the provisions of Public Act 98-651, | 3 | | emergency rules to implement Public Act 98-651 may be adopted | 4 | | in accordance with this subsection (r) by the Department of | 5 | | Healthcare and Family Services. The 24-month limitation on the | 6 | | adoption of emergency rules does not apply to rules adopted | 7 | | under this subsection (r). The adoption of emergency rules | 8 | | authorized by this subsection (r) is deemed to be necessary for | 9 | | the public interest, safety, and welfare. | 10 | | (s) In order to provide for the expeditious and timely | 11 | | implementation of the provisions of Sections 5-5b.1 and 5A-2 of | 12 | | the Illinois Public Aid Code, emergency rules to implement any | 13 | | provision of Section 5-5b.1 or Section 5A-2 of the Illinois | 14 | | Public Aid Code may be adopted in accordance with this | 15 | | subsection (s) by the Department of Healthcare and Family | 16 | | Services. The rulemaking authority granted in this subsection | 17 | | (s) shall apply only to those rules adopted prior to July 1, | 18 | | 2015. Notwithstanding any other provision of this Section, any | 19 | | emergency rule adopted under this subsection (s) shall only | 20 | | apply to payments made for State fiscal year 2015. The adoption | 21 | | of emergency rules authorized by this subsection (s) is deemed | 22 | | to be necessary for the public interest, safety, and welfare. | 23 | | (t) In order to provide for the expeditious and timely | 24 | | implementation of the provisions of Article II of Public Act | 25 | | 99-6, emergency rules to implement the changes made by Article | 26 | | II of Public Act 99-6 to the Emergency Telephone System Act may |
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| 1 | | be adopted in accordance with this subsection (t) by the | 2 | | Department of State Police. The rulemaking authority granted in | 3 | | this subsection (t) shall apply only to those rules adopted | 4 | | prior to July 1, 2016. The 24-month limitation on the adoption | 5 | | of emergency rules does not apply to rules adopted under this | 6 | | subsection (t). The adoption of emergency rules authorized by | 7 | | this subsection (t) is deemed to be necessary for the public | 8 | | interest, safety, and welfare. | 9 | | (u) In order to provide for the expeditious and timely | 10 | | implementation of the provisions of the Burn Victims Relief | 11 | | Act, emergency rules to implement any provision of the Act may | 12 | | be adopted in accordance with this subsection (u) by the | 13 | | Department of Insurance. The rulemaking authority granted in | 14 | | this subsection (u) shall apply only to those rules adopted | 15 | | prior to December 31, 2015. The adoption of emergency rules | 16 | | authorized by this subsection (u) is deemed to be necessary for | 17 | | the public interest, safety, and welfare. | 18 | | (v) In order to provide for the expeditious and timely | 19 | | implementation of the provisions of Public Act 99-516, | 20 | | emergency rules to implement Public Act 99-516 may be adopted | 21 | | in accordance with this subsection (v) by the Department of | 22 | | Healthcare and Family Services. The 24-month limitation on the | 23 | | adoption of emergency rules does not apply to rules adopted | 24 | | under this subsection (v). The adoption of emergency rules | 25 | | authorized by this subsection (v) is deemed to be necessary for | 26 | | the public interest, safety, and welfare. |
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| 1 | | (w) In order to provide for the expeditious and timely | 2 | | implementation of the provisions of Public Act 99-796, | 3 | | emergency rules to implement the changes made by Public Act | 4 | | 99-796 may be adopted in accordance with this subsection (w) by | 5 | | the Adjutant General. The adoption of emergency rules | 6 | | authorized by this subsection (w) is deemed to be necessary for | 7 | | the public interest, safety, and welfare. | 8 | | (x) In order to provide for the expeditious and timely | 9 | | implementation of the provisions of Public Act 99-906, | 10 | | emergency rules to implement subsection (i) of Section 16-115D, | 11 | | subsection (g) of Section 16-128A, and subsection (a) of | 12 | | Section 16-128B of the Public Utilities Act may be adopted in | 13 | | accordance with this subsection (x) by the Illinois Commerce | 14 | | Commission. The rulemaking authority granted in this | 15 | | subsection (x) shall apply only to those rules adopted within | 16 | | 180 days after June 1, 2017 (the effective date of Public Act | 17 | | 99-906). The adoption of emergency rules authorized by this | 18 | | subsection (x) is deemed to be necessary for the public | 19 | | interest, safety, and welfare. | 20 | | (y) In order to provide for the expeditious and timely | 21 | | implementation of the provisions of Public Act 100-23, | 22 | | emergency rules to implement the changes made by Public Act | 23 | | 100-23 to Section 4.02 of the Illinois Act on the Aging, | 24 | | Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code, | 25 | | Section 55-30 of the Alcoholism and Other Drug Abuse and | 26 | | Dependency Act, and Sections 74 and 75 of the Mental Health and |
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| 1 | | Developmental Disabilities Administrative Act may be adopted | 2 | | in accordance with this subsection (y) by the respective | 3 | | Department. The adoption of emergency rules authorized by this | 4 | | subsection (y) is deemed to be necessary for the public | 5 | | interest, safety, and welfare. | 6 | | (z) In order to provide for the expeditious and timely | 7 | | implementation of the provisions of Public Act 100-554, | 8 | | emergency rules to implement the changes made by Public Act | 9 | | 100-554 to Section 4.7 of the Lobbyist Registration Act may be | 10 | | adopted in accordance with this subsection (z) by the Secretary | 11 | | of State. The adoption of emergency rules authorized by this | 12 | | subsection (z) is deemed to be necessary for the public | 13 | | interest, safety, and welfare. | 14 | | (aa) In order to provide for the expeditious and timely | 15 | | initial implementation of the changes made to Articles 5, 5A, | 16 | | 12, and 14 of the Illinois Public Aid Code under the provisions | 17 | | of Public Act 100-581, the Department of Healthcare and Family | 18 | | Services may adopt emergency rules in accordance with this | 19 | | subsection (aa). The 24-month limitation on the adoption of | 20 | | emergency rules does not apply to rules to initially implement | 21 | | the changes made to Articles 5, 5A, 12, and 14 of the Illinois | 22 | | Public Aid Code adopted under this subsection (aa). The | 23 | | adoption of emergency rules authorized by this subsection (aa) | 24 | | is deemed to be necessary for the public interest, safety, and | 25 | | welfare. | 26 | | (bb) In order to provide for the expeditious and timely |
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| 1 | | implementation of the provisions of Public Act 100-587, | 2 | | emergency rules to implement the changes made by Public Act | 3 | | 100-587 to Section 4.02 of the Illinois Act on the Aging, | 4 | | Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code, | 5 | | subsection (b) of Section 55-30 of the Alcoholism and Other | 6 | | Drug Abuse and Dependency Act, Section 5-104 of the Specialized | 7 | | Mental Health Rehabilitation Act of 2013, and Section 75 and | 8 | | subsection (b) of Section 74 of the Mental Health and | 9 | | Developmental Disabilities Administrative Act may be adopted | 10 | | in accordance with this subsection (bb) by the respective | 11 | | Department. The adoption of emergency rules authorized by this | 12 | | subsection (bb) is deemed to be necessary for the public | 13 | | interest, safety, and welfare. | 14 | | (cc) In order to provide for the expeditious and timely | 15 | | implementation of the provisions of Public Act 100-587, | 16 | | emergency rules may be adopted in accordance with this | 17 | | subsection (cc) to implement the changes made by Public Act | 18 | | 100-587 to: Sections 14-147.5 and 14-147.6 of the Illinois | 19 | | Pension Code by the Board created under Article 14 of the Code; | 20 | | Sections 15-185.5 and 15-185.6 of the Illinois Pension Code by | 21 | | the Board created under Article 15 of the Code; and Sections | 22 | | 16-190.5 and 16-190.6 of the Illinois Pension Code by the Board | 23 | | created under Article 16 of the Code. The adoption of emergency | 24 | | rules authorized by this subsection (cc) is deemed to be | 25 | | necessary for the public interest, safety, and welfare. | 26 | | (dd) In order to provide for the expeditious and timely |
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| 1 | | implementation of the provisions of Public Act 100-864, | 2 | | emergency rules to implement the changes made by Public Act | 3 | | 100-864 to Section 3.35 of the Newborn Metabolic Screening Act | 4 | | may be adopted in accordance with this subsection (dd) by the | 5 | | Secretary of State. The adoption of emergency rules authorized | 6 | | by this subsection (dd) is deemed to be necessary for the | 7 | | public interest, safety, and welfare. | 8 | | (ee) In order to provide for the expeditious and timely | 9 | | implementation of the provisions of this amendatory Act of the | 10 | | 100th General Assembly, emergency rules implementing the | 11 | | Illinois Underground Natural Gas Storage Safety Act may be | 12 | | adopted in accordance with this subsection by the Department of | 13 | | Natural Resources. The adoption of emergency rules authorized | 14 | | by this subsection is deemed to be necessary for the public | 15 | | interest, safety, and welfare. | 16 | | (ff) In order to provide for the expeditious and timely | 17 | | implementation of the provisions of this amendatory Act of the | 18 | | 101st General Assembly, emergency rules may be adopted by the | 19 | | Department of Labor in accordance with this subsection (ff) to | 20 | | implement the changes made by this amendatory Act of the 101st | 21 | | General Assembly to the Minimum Wage Law. The adoption of | 22 | | emergency rules authorized by this subsection (ff) is deemed to | 23 | | be necessary for the public interest, safety, and welfare. | 24 | | (gg) In order to provide for the expeditious and timely | 25 | | implementation of the provisions of the Illinois Lottery Sports | 26 | | Wagering Act, emergency rules to implement the Illinois Lottery |
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| 1 | | Sports Wagering Act may be adopted in accordance with this | 2 | | subsection (gg) by the Department of the Lottery as provided in | 3 | | the Illinois Lottery Sports Wagering Act. The adoption of | 4 | | emergency rules authorized by this subsection (gg) is deemed to | 5 | | be necessary for the public interest, safety, and welfare. | 6 | | (Source: P.A. 100-23, eff. 7-6-17; 100-554, eff. 11-16-17; | 7 | | 100-581, eff. 3-12-18; 100-587, Article 95, Section 95-5, eff. | 8 | | 6-4-18; 100-587, Article 110, Section 110-5, eff. 6-4-18; | 9 | | 100-864, eff. 8-14-18; 100-1172, eff. 1-4-19; 101-1, eff. | 10 | | 2-19-19.) | 11 | | Section 95. The Criminal Code of 2012 is amended by | 12 | | changing Sections 28-1 and 28-5 as follows:
| 13 | | (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
| 14 | | Sec. 28-1. Gambling.
| 15 | | (a) A person commits gambling when he or she:
| 16 | | (1) knowingly plays a game of chance or skill for money | 17 | | or other thing of
value, unless excepted in subsection (b) | 18 | | of this Section;
| 19 | | (2) knowingly makes a wager upon the result of any | 20 | | game, contest, or any
political nomination, appointment or | 21 | | election;
| 22 | | (3) knowingly operates, keeps, owns, uses, purchases, | 23 | | exhibits, rents, sells,
bargains for the sale or lease of, | 24 | | manufactures or distributes any
gambling device;
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| 1 | | (4) contracts to have or give himself or herself or | 2 | | another the option to buy
or sell, or contracts to buy or | 3 | | sell, at a future time, any grain or
other commodity | 4 | | whatsoever, or any stock or security of any company,
where | 5 | | it is at the time of making such contract intended by both | 6 | | parties
thereto that the contract to buy or sell, or the | 7 | | option, whenever
exercised, or the contract resulting | 8 | | therefrom, shall be settled, not by
the receipt or delivery | 9 | | of such property, but by the payment only of
differences in | 10 | | prices thereof; however, the issuance, purchase, sale,
| 11 | | exercise, endorsement or guarantee, by or through a person | 12 | | registered
with the Secretary of State pursuant to Section | 13 | | 8 of the Illinois
Securities Law of 1953, or by or through | 14 | | a person exempt from such
registration under said Section | 15 | | 8, of a put, call, or other option to
buy or sell | 16 | | securities which have been registered with the Secretary of
| 17 | | State or which are exempt from such registration under | 18 | | Section 3 of the
Illinois Securities Law of 1953 is not | 19 | | gambling within the meaning of
this paragraph (4);
| 20 | | (5) knowingly owns or possesses any book, instrument or | 21 | | apparatus by
means of which bets or wagers have been, or | 22 | | are, recorded or registered,
or knowingly possesses any | 23 | | money which he has received in the course of
a bet or | 24 | | wager;
| 25 | | (6) knowingly sells pools upon the result of any game | 26 | | or contest of skill or
chance, political nomination, |
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| 1 | | appointment or election;
| 2 | | (7) knowingly sets up or promotes any lottery or sells, | 3 | | offers to sell or
transfers any ticket or share for any | 4 | | lottery;
| 5 | | (8) knowingly sets up or promotes any policy game or | 6 | | sells, offers to sell or
knowingly possesses or transfers | 7 | | any policy ticket, slip, record,
document or other similar | 8 | | device;
| 9 | | (9) knowingly drafts, prints or publishes any lottery | 10 | | ticket or share,
or any policy ticket, slip, record, | 11 | | document or similar device, except for
such activity | 12 | | related to lotteries, bingo games and raffles authorized by
| 13 | | and conducted in accordance with the laws of Illinois or | 14 | | any other state or
foreign government;
| 15 | | (10) knowingly advertises any lottery or policy game, | 16 | | except for such
activity related to lotteries, bingo games | 17 | | and raffles authorized by and
conducted in accordance with | 18 | | the laws of Illinois or any other state;
| 19 | | (11) knowingly transmits information as to wagers, | 20 | | betting odds, or
changes in betting odds by telephone, | 21 | | telegraph, radio, semaphore or
similar means; or knowingly | 22 | | installs or maintains equipment for the
transmission or | 23 | | receipt of such information; except that nothing in this
| 24 | | subdivision (11) prohibits transmission or receipt of such | 25 | | information
for use in news reporting of sporting events or | 26 | | contests; or
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| 1 | | (12) knowingly establishes, maintains, or operates an | 2 | | Internet site that
permits a person to play a game of
| 3 | | chance or skill for money or other thing of value by means | 4 | | of the Internet or
to make a wager upon the
result of any | 5 | | game, contest, political nomination, appointment, or
| 6 | | election by means of the Internet. This item (12) does not | 7 | | apply to activities referenced in items (6) , and (6.1) , and | 8 | | (15) of subsection (b) of this Section.
| 9 | | (b) Participants in any of the following activities shall | 10 | | not be
convicted of gambling:
| 11 | | (1) Agreements to compensate for loss caused by the | 12 | | happening of
chance including without limitation contracts | 13 | | of indemnity or guaranty
and life or health or accident | 14 | | insurance.
| 15 | | (2) Offers of prizes, award or compensation to the | 16 | | actual
contestants in any bona fide contest for the | 17 | | determination of skill,
speed, strength or endurance or to | 18 | | the owners of animals or vehicles
entered in such contest.
| 19 | | (3) Pari-mutuel betting as authorized by the law of | 20 | | this State.
| 21 | | (4) Manufacture of gambling devices, including the | 22 | | acquisition of
essential parts therefor and the assembly | 23 | | thereof, for transportation in
interstate or foreign | 24 | | commerce to any place outside this State when such
| 25 | | transportation is not prohibited by any applicable Federal | 26 | | law; or the
manufacture, distribution, or possession of |
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| 1 | | video gaming terminals, as
defined in the Video Gaming Act, | 2 | | by manufacturers, distributors, and
terminal operators | 3 | | licensed to do so under the Video Gaming Act.
| 4 | | (5) The game commonly known as "bingo", when conducted | 5 | | in accordance
with the Bingo License and Tax Act.
| 6 | | (6) Lotteries when conducted by the State of Illinois | 7 | | in accordance
with the Illinois Lottery Law. This exemption | 8 | | includes any activity conducted by the Department of | 9 | | Revenue to sell lottery tickets pursuant to the provisions | 10 | | of the Illinois Lottery Law and its rules.
| 11 | | (6.1) The purchase of lottery tickets through the | 12 | | Internet for a lottery conducted by the State of Illinois | 13 | | under the program established in Section 7.12 of the | 14 | | Illinois Lottery Law.
| 15 | | (7) Possession of an antique slot machine that is | 16 | | neither used nor
intended to be used in the operation or | 17 | | promotion of any unlawful
gambling activity or enterprise. | 18 | | For the purpose of this subparagraph
(b)(7), an antique | 19 | | slot machine is one manufactured 25 years ago or earlier.
| 20 | | (8) Raffles and poker runs when conducted in accordance | 21 | | with the Raffles and Poker Runs Act.
| 22 | | (9) Charitable games when conducted in accordance with | 23 | | the Charitable
Games Act.
| 24 | | (10) Pull tabs and jar games when conducted under the | 25 | | Illinois Pull
Tabs and Jar Games Act.
| 26 | | (11) Gambling games conducted on riverboats when
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| 1 | | authorized by the Riverboat Gambling Act.
| 2 | | (12) Video gaming terminal games at a licensed | 3 | | establishment, licensed truck stop establishment,
licensed
| 4 | | fraternal establishment, or licensed veterans | 5 | | establishment when
conducted in accordance with the Video | 6 | | Gaming Act. | 7 | | (13) Games of skill or chance where money or other | 8 | | things of value can be won but no payment or purchase is | 9 | | required to participate. | 10 | | (14) Savings promotion raffles authorized under | 11 | | Section 5g of the Illinois Banking Act, Section 7008 of the | 12 | | Savings Bank Act, Section 42.7 of the Illinois Credit Union | 13 | | Act, Section 5136B of the National Bank Act (12 U.S.C. | 14 | | 25a), or Section 4 of the Home Owners' Loan Act (12 U.S.C. | 15 | | 1463). | 16 | | (15) Sports wagering when conducted in accordance with | 17 | | the Illinois Lottery Sports Wagering Act. | 18 | | (c) Sentence.
| 19 | | Gambling is a
Class A misdemeanor. A second or
subsequent | 20 | | conviction under subsections (a)(3) through (a)(12),
is a Class | 21 | | 4 felony.
| 22 | | (d) Circumstantial evidence.
| 23 | | In prosecutions under
this
Section circumstantial evidence | 24 | | shall have the same validity and weight as
in any criminal | 25 | | prosecution.
| 26 | | (Source: P.A. 98-644, eff. 6-10-14; 99-149, eff. 1-1-16 .)
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| 1 | | (720 ILCS 5/28-5) (from Ch. 38, par. 28-5)
| 2 | | Sec. 28-5. Seizure of gambling devices and gambling funds.
| 3 | | (a) Every device designed for gambling which is incapable | 4 | | of lawful use
or every device used unlawfully for gambling | 5 | | shall be considered a
"gambling device", and shall be subject | 6 | | to seizure, confiscation and
destruction by the Department of | 7 | | State Police or by any municipal, or other
local authority, | 8 | | within whose jurisdiction the same may be found. As used
in | 9 | | this Section, a "gambling device" includes any slot machine, | 10 | | and
includes any machine or device constructed for the | 11 | | reception of money or
other thing of value and so constructed | 12 | | as to return, or to cause someone
to return, on chance to the | 13 | | player thereof money, property or a right to
receive money or | 14 | | property. With the exception of any device designed for
| 15 | | gambling which is incapable of lawful use, no gambling device | 16 | | shall be
forfeited or destroyed unless an individual with a | 17 | | property interest in
said device knows of the unlawful use of | 18 | | the device.
| 19 | | (b) Every gambling device shall be seized and forfeited to | 20 | | the county
wherein such seizure occurs. Any money or other | 21 | | thing of value integrally
related to acts of gambling shall be | 22 | | seized and forfeited to the county
wherein such seizure occurs.
| 23 | | (c) If, within 60 days after any seizure pursuant to | 24 | | subparagraph
(b) of this Section, a person having any property | 25 | | interest in the seized
property is charged with an offense, the |
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| 1 | | court which renders judgment
upon such charge shall, within 30 | 2 | | days after such judgment, conduct a
forfeiture hearing to | 3 | | determine whether such property was a gambling device
at the | 4 | | time of seizure. Such hearing shall be commenced by a written
| 5 | | petition by the State, including material allegations of fact, | 6 | | the name
and address of every person determined by the State to | 7 | | have any property
interest in the seized property, a | 8 | | representation that written notice of
the date, time and place | 9 | | of such hearing has been mailed to every such
person by | 10 | | certified mail at least 10 days before such date, and a
request | 11 | | for forfeiture. Every such person may appear as a party and
| 12 | | present evidence at such hearing. The quantum of proof required | 13 | | shall
be a preponderance of the evidence, and the burden of | 14 | | proof shall be on
the State. If the court determines that the | 15 | | seized property was
a gambling device at the time of seizure, | 16 | | an order of forfeiture and
disposition of the seized property | 17 | | shall be entered: a gambling device
shall be received by the | 18 | | State's Attorney, who shall effect its
destruction, except that | 19 | | valuable parts thereof may be liquidated and
the resultant | 20 | | money shall be deposited in the general fund of the county
| 21 | | wherein such seizure occurred; money and other things of value | 22 | | shall be
received by the State's Attorney and, upon | 23 | | liquidation, shall be
deposited in the general fund of the | 24 | | county wherein such seizure
occurred. However, in the event | 25 | | that a defendant raises the defense
that the seized slot | 26 | | machine is an antique slot machine described in
subparagraph |
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| 1 | | (b) (7) of Section 28-1 of this Code and therefore he is
exempt | 2 | | from the charge of a gambling activity participant, the seized
| 3 | | antique slot machine shall not be destroyed or otherwise | 4 | | altered until a
final determination is made by the Court as to | 5 | | whether it is such an
antique slot machine. Upon a final | 6 | | determination by the Court of this
question in favor of the | 7 | | defendant, such slot machine shall be
immediately returned to | 8 | | the defendant. Such order of forfeiture and
disposition shall, | 9 | | for the purposes of appeal, be a final order and
judgment in a | 10 | | civil proceeding.
| 11 | | (d) If a seizure pursuant to subparagraph (b) of this | 12 | | Section is not
followed by a charge pursuant to subparagraph | 13 | | (c) of this Section, or if
the prosecution of such charge is | 14 | | permanently terminated or indefinitely
discontinued without | 15 | | any judgment of conviction or acquittal (1) the
State's | 16 | | Attorney shall commence an in rem proceeding for the forfeiture
| 17 | | and destruction of a gambling device, or for the forfeiture and | 18 | | deposit
in the general fund of the county of any seized money | 19 | | or other things of
value, or both, in the circuit court and (2) | 20 | | any person having any
property interest in such seized gambling | 21 | | device, money or other thing
of value may commence separate | 22 | | civil proceedings in the manner provided
by law.
| 23 | | (e) Any gambling device displayed for sale to a riverboat | 24 | | gambling
operation or used to train occupational licensees of a | 25 | | riverboat gambling
operation as authorized under the Riverboat | 26 | | Gambling Act is exempt from
seizure under this Section.
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| 1 | | (f) Any gambling equipment, devices and supplies provided | 2 | | by a licensed
supplier in accordance with the Riverboat | 3 | | Gambling Act which are removed
from the riverboat for repair | 4 | | are exempt from seizure under this Section.
| 5 | | (g) The following video gaming terminals are exempt from | 6 | | seizure under this Section: | 7 | | (1) Video gaming terminals for sale to a licensed | 8 | | distributor or operator under the Video Gaming Act. | 9 | | (2) Video gaming terminals used to train licensed | 10 | | technicians or licensed terminal handlers. | 11 | | (3) Video gaming terminals that are removed from a | 12 | | licensed establishment, licensed truck stop establishment,
| 13 | | licensed
fraternal establishment, or licensed veterans | 14 | | establishment for repair. | 15 | | (h) Property seized or forfeited under this Section is | 16 | | subject to reporting under the Seizure and Forfeiture Reporting | 17 | | Act. | 18 | | (i) Any sports lottery terminals provided by a central | 19 | | system provider that are removed from a lottery retailer for | 20 | | repair under the Illinois Lottery Sports Wagering Act are | 21 | | exempt from seizure under this Section. | 22 | | (Source: P.A. 100-512, eff. 7-1-18 .)
| 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law.".
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