Bill Amendment: IL HB3655 | 2015-2016 | 99th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: EYELASH TECH CERTIFICATION
Status: 2016-06-30 - Senate Floor Amendment No. 2 Rule 19(b) / Motion Referred to Rules Committee [HB3655 Detail]
Download: Illinois-2015-HB3655-Senate_Amendment_002.html
Bill Title: EYELASH TECH CERTIFICATION
Status: 2016-06-30 - Senate Floor Amendment No. 2 Rule 19(b) / Motion Referred to Rules Committee [HB3655 Detail]
Download: Illinois-2015-HB3655-Senate_Amendment_002.html
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1 | AMENDMENT TO HOUSE BILL 3655
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2 | AMENDMENT NO. ______. Amend House Bill 3655, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 1. Short title. This Act may be cited as the | ||||||
6 | Fantasy Sports Contest Act.
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7 | Section 5. Legislative intent. This Act is designed to | ||||||
8 | provide regulation of companies providing access to paid | ||||||
9 | fantasy sports contests and protect Illinois consumers who play | ||||||
10 | paid fantasy sports contests for prizes from unfair acts and | ||||||
11 | practices that may arise in the gaming process. The regulation | ||||||
12 | is also intended to protect the families of persons who play | ||||||
13 | paid fantasy sports contests to the extent that they may be | ||||||
14 | affected by unfair and deceptive practices that lead to | ||||||
15 | unaffordable losses.
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1 | Section 10. Definitions. In this Act: | ||||||
2 | "Beginner fantasy sports player" means an individual who is | ||||||
3 | at least 21 years of age and who has entered fewer than 51 | ||||||
4 | fantasy sports contests offered by a single fantasy sports | ||||||
5 | contest operator. | ||||||
6 | "Board" means the Illinois Gaming Board. | ||||||
7 | "Confidential information" means information related to | ||||||
8 | the play of a fantasy sports contest by fantasy sports players | ||||||
9 | obtained as a result of or by virtue of a person's employment | ||||||
10 | with a fantasy sports contest operator. | ||||||
11 | "Entry fee" means the cash or cash equivalent paid by a | ||||||
12 | fantasy sports player located in Illinois at the time of entry | ||||||
13 | for participation in a fantasy sports contest. | ||||||
14 | "Fantasy sports contest" means any fantasy contest, in | ||||||
15 | which: | ||||||
16 | (1) the value of all prizes and awards offered to | ||||||
17 | winning participants are established and made known to the | ||||||
18 | participants in advance of the contest and their value is | ||||||
19 | not determined by the number of participants or the amount | ||||||
20 | of any fees paid by those participants; | ||||||
21 | (2) all winning outcomes are determined predominantly | ||||||
22 | by accumulated statistical results of the performance of | ||||||
23 | individual athletes in real-world professional athletic | ||||||
24 | competitions; a professional athletic competition does not | ||||||
25 | include any amateur-level or collegiate-level sport; and | ||||||
26 | (3) no winning outcome is based on the score, point |
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1 | spread, or any performance or performances of any single | ||||||
2 | actual team or combination of such teams or solely on any | ||||||
3 | single performance of an individual athlete or player in | ||||||
4 | any single actual event. | ||||||
5 | A fantasy sports contest in a game or contest that involves | ||||||
6 | individual athletes from real-world professional athletic | ||||||
7 | teams, such as football, baseball, basketball, hockey, soccer, | ||||||
8 | and other team sports: (i) shall consist of individual athletes | ||||||
9 | from at least 3 different real-world professional athletic | ||||||
10 | teams and (ii) shall not have more than 4 individual athletes | ||||||
11 | from a single real-world professional athletic team. However, | ||||||
12 | the prohibition contained in item (ii) of this paragraph does | ||||||
13 | not apply to a season-long fantasy sports contest. | ||||||
14 | "Fantasy sports contest operator" means any individual, | ||||||
15 | partnership, corporation, or limited liability company that | ||||||
16 | engages in the business of offering, by means of the Internet, | ||||||
17 | a smart phone application, or other similar electronic or | ||||||
18 | digital media or communication technologies, multiple fantasy | ||||||
19 | sports contests to persons. | ||||||
20 | "Fantasy sports contest platform" means any website, smart | ||||||
21 | phone application, or other portal providing access to a | ||||||
22 | fantasy sports contest. | ||||||
23 | "Fantasy sports contest revenues" means the amount of entry | ||||||
24 | fees collected from fantasy sports players located in Illinois | ||||||
25 | accepted by a fantasy sports contest operator that are not | ||||||
26 | awarded as prizes to fantasy sports players. |
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1 | "Fantasy sports player" means an individual 21 years of age | ||||||
2 | or over who enters into a fantasy sports contest with an entry | ||||||
3 | fee offered by a fantasy sports contest operator. | ||||||
4 | "Highly experienced fantasy sports player" means an | ||||||
5 | individual who is at least 21 years of age and has (1) entered | ||||||
6 | more than 1,000 contests offered by a single fantasy sports | ||||||
7 | contest operator or (2) has won more than 3 prizes valued at | ||||||
8 | $1,000 or more. Once a fantasy sports player is classified as a | ||||||
9 | highly experienced fantasy sports player, a player shall remain | ||||||
10 | classified as such. | ||||||
11 | "Minor" means an individual under 21 years of age. | ||||||
12 | "Prize" means anything of value, including money, contest | ||||||
13 | credits, merchandise, or admission to another contest. | ||||||
14 | "Scripts" means commands that a fantasy sports | ||||||
15 | contest-related computer program can execute that are created | ||||||
16 | by fantasy sports players (or by third parties for the use of | ||||||
17 | fantasy sports players) to automate processes on a fantasy | ||||||
18 | sports contest platform. | ||||||
19 | "Season-long fantasy sports contest" means a fantasy | ||||||
20 | sports contest offered by a fantasy sports contest operator | ||||||
21 | that is conducted over an entire sports season where the entry | ||||||
22 | fee is paid prior to the start of the season.
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23 | Section 15. Applicability. This Act and all rules adopted | ||||||
24 | under the authority of this Act shall only apply to fantasy | ||||||
25 | sports contests when an entry fee is paid by a fantasy sports |
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1 | player at the time of entry for participation in a fantasy | ||||||
2 | sports contest.
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3 | Section 20. Authority of the Board. | ||||||
4 | (a) The Board shall have jurisdiction over and shall | ||||||
5 | supervise all fantasy sports contests governed by this Act. The | ||||||
6 | Board shall have all powers necessary and proper to fully and | ||||||
7 | effectively execute the provisions of this Act, including, but | ||||||
8 | not limited to, the following: | ||||||
9 | (1) To investigate applicants and determine the | ||||||
10 | eligibility of applicants for licenses that best serve the | ||||||
11 | interests of the citizens of Illinois. | ||||||
12 | (2) To adopt such rules as in its judgment may be | ||||||
13 | necessary to protect or enhance the credibility and | ||||||
14 | integrity of fantasy sports contests authorized by this Act | ||||||
15 | and the regulatory process under this Act. | ||||||
16 | (3) To provide for the establishment and collection of | ||||||
17 | all license and registration fees and taxes imposed by this | ||||||
18 | Act and the rules issued pursuant to this Act. All license | ||||||
19 | fees shall be deposited into the State Gaming Fund, and all | ||||||
20 | taxes collected shall be deposited into the Education | ||||||
21 | Assistance Fund. | ||||||
22 | (4) To suspend, revoke, or restrict licenses; to | ||||||
23 | require the removal of a fantasy sports contest operator or | ||||||
24 | an employee of a fantasy sports contest operator for a | ||||||
25 | violation of this Act or a Board rule or for engaging in a |
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1 | fraudulent practice; and to impose civil penalties of up to | ||||||
2 | $5,000 against individuals and up to $10,000 or an amount | ||||||
3 | equal to the daily fantasy sports contest revenues, | ||||||
4 | whichever is larger, against licensees for each violation | ||||||
5 | of any provision of the Act, any rules adopted by the | ||||||
6 | Board, any order of the Board, or any other action which, | ||||||
7 | in the Board's discretion, is a detriment or impediment to | ||||||
8 | fantasy sports contests. | ||||||
9 | (5) To provide for the levy and collection of penalties | ||||||
10 | and fines for the violation of provisions of this Act and | ||||||
11 | the rules adopted under this Act. All such fines and | ||||||
12 | penalties shall be deposited into the State Gaming Fund. | ||||||
13 | (b) The Board shall adopt emergency rules to administer | ||||||
14 | this Act in accordance with Section 5-45 of the Illinois | ||||||
15 | Administrative Procedure Act. For the purposes of the Illinois | ||||||
16 | Administrative Procedure Act, the General Assembly finds that | ||||||
17 | the adoption of rules to implement this Act is deemed an | ||||||
18 | emergency and necessary to the public interest, safety, and | ||||||
19 | welfare.
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20 | Section 25. Fantasy sports player accounts. | ||||||
21 | (a) A fantasy sports contest operator shall not allow a | ||||||
22 | fantasy sports player to create more than one username or more | ||||||
23 | than one account. A fantasy sports contest operator shall take | ||||||
24 | commercially and technologically reasonable measures to verify | ||||||
25 | a fantasy sports player's true identity and address. A fantasy |
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1 | sports contest operator shall implement and prominently | ||||||
2 | publish procedures to terminate all accounts of a fantasy | ||||||
3 | sports player that establishes or seeks to establish more than | ||||||
4 | one username or more than one account, whether directly or by | ||||||
5 | use of another person as a proxy. The procedures may allow a | ||||||
6 | fantasy sports player that establishes or seeks to establish | ||||||
7 | more than one username or more than one account to retain one | ||||||
8 | account provided that the fantasy sports contest operator | ||||||
9 | investigates and makes a good faith determination that the | ||||||
10 | fantasy sports player's conduct was not intended to obtain a | ||||||
11 | competitive advantage. | ||||||
12 | (b) Fantasy sports contest operators shall not allow | ||||||
13 | fantasy sports players to use a proxy server for the purpose of | ||||||
14 | misrepresenting their location in order to engage in fantasy | ||||||
15 | sports contests. | ||||||
16 | (c) Fantasy sports contest operators shall implement and | ||||||
17 | prominently publish procedures to terminate all accounts of any | ||||||
18 | fantasy sports player that establishes or seeks to establish | ||||||
19 | more than one username or more than one account, whether | ||||||
20 | directly or by use of another person as a proxy. If an account | ||||||
21 | is terminated for establishing or seeking to establish more | ||||||
22 | than one username or more than one account, the account holder | ||||||
23 | is prohibited from establishing another account with that | ||||||
24 | fantasy sports contest operator. | ||||||
25 | (d) Fantasy sports contest operators shall take | ||||||
26 | commercially and technologically reasonable measures to |
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1 | prevent one fantasy sports player from acting as a proxy for | ||||||
2 | another. These measures shall include, without limitation, use | ||||||
3 | of geolocation technologies to prevent simultaneous logins to a | ||||||
4 | single account from geographically inconsistent locations.
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5 | Section 30. Protection of consumer funds on deposit and | ||||||
6 | compliance with data security
requirements. | ||||||
7 | (a) Fantasy sports contest operators shall comply with all | ||||||
8 | applicable State and federal requirements for data security, | ||||||
9 | including, but not limited to, age verification and location | ||||||
10 | software. | ||||||
11 | (b) Funds in fantasy sports players' accounts shall be held | ||||||
12 | in segregated accounts by the fantasy sports contest operators | ||||||
13 | for the fantasy sports players that establish the accounts. | ||||||
14 | Fantasy sports contest operators shall implement and | ||||||
15 | prominently publish procedures that: | ||||||
16 | (1) prevent unauthorized withdrawals from fantasy | ||||||
17 | sports player accounts by fantasy sports contest operators | ||||||
18 | or others; | ||||||
19 | (2) prevent commingling of funds in a fantasy sports | ||||||
20 | player's account with other funds, including, without | ||||||
21 | limitation, funds of the fantasy sports contest operator; | ||||||
22 | fantasy sports player funds shall be segregated from | ||||||
23 | fantasy sports contest operators' operational funds and | ||||||
24 | any other funds held by the fantasy sports contest | ||||||
25 | operator; and |
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1 | (3) address reporting on complaints by fantasy sports | ||||||
2 | players that their accounts have been misallocated, | ||||||
3 | compromised, or otherwise mishandled. | ||||||
4 | (c) Fantasy sports contest operators shall implement and | ||||||
5 | prominently publish procedures that allow any fantasy sports | ||||||
6 | player to permanently close an account at any time and for any | ||||||
7 | reason. The procedures shall allow for cancellation by any | ||||||
8 | means, including, without limitation, by a fantasy sports | ||||||
9 | player on any fantasy sports contest platform used by that | ||||||
10 | fantasy sports player to make deposits into a fantasy sports | ||||||
11 | player account. A copy of a fantasy sports contest operator's | ||||||
12 | procedures shall be submitted to the Board and any changes | ||||||
13 | shall be submitted within 30 days. | ||||||
14 | (d) When a fantasy sports player account is closed, the | ||||||
15 | fantasy sports contest operator shall refund all funds in the | ||||||
16 | account no later than 5 business days after submission of the | ||||||
17 | request or 10 business days after submission of any tax | ||||||
18 | reporting information required by law, whichever is later, | ||||||
19 | unless the fantasy sports contest operator makes a good faith | ||||||
20 | determination that the fantasy sports player engaged in | ||||||
21 | fraudulent or other conduct that would constitute a violation | ||||||
22 | of this Act, rules adopted pursuant to this Act, or the fantasy | ||||||
23 | sports contest operator's policies, in which case, upon notice | ||||||
24 | to the fantasy sports player of that determination, the | ||||||
25 | withdrawal may be held pending a reasonable investigative | ||||||
26 | period to resolve its investigation. For the purposes of this |
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1 | subsection (d), a request for withdrawal shall be considered | ||||||
2 | honored if it is processed by the fantasy sports contest | ||||||
3 | operator, but delayed by a payment processor, a credit card | ||||||
4 | issuer, or the custodian of the financial account. | ||||||
5 | (e) If a prize is awarded to a fantasy sports player with a | ||||||
6 | closed account, that prize, to the extent it consists of funds, | ||||||
7 | shall be distributed by the fantasy sports contest operator | ||||||
8 | within 5 business days, or 10 business days of submission of | ||||||
9 | any tax reporting information required by law, unless the | ||||||
10 | fantasy sports contest operator makes a good faith | ||||||
11 | determination that the fantasy sports player engaged in | ||||||
12 | fraudulent or other conduct that would constitute a violation | ||||||
13 | of this Act or rules adopted pursuant to this Act. If such | ||||||
14 | determination is made, then the prize may be withheld, provided | ||||||
15 | that it is then awarded to another fantasy sports player in the | ||||||
16 | same contest who would have won the prize had the fantasy | ||||||
17 | sports player with the closed account not participated. | ||||||
18 | (f) A fantasy sports contest operator shall close any | ||||||
19 | fantasy player account that is inactive for 2 years and notify | ||||||
20 | the account holder that the account has been closed by email | ||||||
21 | and by mail to the account holder's last known address. When a | ||||||
22 | fantasy sports player account is closed due to inactivity, the | ||||||
23 | fantasy sports contest operator shall refund all funds in the | ||||||
24 | fantasy sports player account within 30 days, subject to the | ||||||
25 | receipt of any tax information required by law. In the event | ||||||
26 | that funds in a closed fantasy sports player account exceed $5 |
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1 | and cannot be refunded and remain unclaimed, the fantasy sports | ||||||
2 | contest operator shall provide notice of the existence of funds | ||||||
3 | to the fantasy sports player no less often than annually for 3 | ||||||
4 | years. If the funds in a closed fantasy sports player account | ||||||
5 | are for $5 or less, such notice shall be provided one time upon | ||||||
6 | the closing of the account. Such notice shall be provided by | ||||||
7 | email and by mail to the account holder's last known address | ||||||
8 | and shall provide a process for claiming the funds. In the | ||||||
9 | event that funds in a closed fantasy sports player account | ||||||
10 | cannot be refunded and remain unclaimed by the fantasy sports | ||||||
11 | player after 3 years, such funds shall be reported and | ||||||
12 | delivered by the fantasy sports contest operator to the State | ||||||
13 | Treasurer for deposit in the Unclaimed Property Trust Fund as | ||||||
14 | reportable property under the Uniform Disposition of Unclaimed | ||||||
15 | Property Act. | ||||||
16 | (g) A fantasy sports contest operator shall prominently | ||||||
17 | publish all contractual terms and conditions and rules of | ||||||
18 | general applicability that affect a fantasy sports player's | ||||||
19 | account. Presentation of such terms, conditions, and rules at | ||||||
20 | the time of onboarding a new fantasy sports player shall not | ||||||
21 | suffice. | ||||||
22 | (h) Fantasy sports player's deposits shall be limited to no | ||||||
23 | more than $3,000 per quarter. However, a fantasy sports contest | ||||||
24 | operator may establish and prominently publish procedures for | ||||||
25 | temporarily or permanently increasing a fantasy sports | ||||||
26 | player's deposit limit, at the request of the fantasy sports |
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1 | player, above $3,000 per quarter. Such procedures shall be | ||||||
2 | submitted to the Board. | ||||||
3 | If established by a fantasy sports contest operator, such | ||||||
4 | procedures shall include evaluation of information, including | ||||||
5 | income or asset information, sufficient to establish that the | ||||||
6 | fantasy sports player can afford losses that might result from | ||||||
7 | gameplay at the deposit limit level requested. | ||||||
8 | When a temporary or permanent deposit level limit increase | ||||||
9 | is approved, the fantasy sports contest operator's procedures | ||||||
10 | shall provide for annual re-certification of a player's | ||||||
11 | financial ability to afford losses.
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12 | Section 35. Restrictions on games offered by a fantasy | ||||||
13 | sports contest operator. | ||||||
14 | (a) All fantasy sports contest operators, except fantasy | ||||||
15 | sports contest operators who only offer season-long fantasy | ||||||
16 | sports contests, shall develop games that are limited to | ||||||
17 | beginner fantasy sports players and shall prohibit fantasy | ||||||
18 | sports players who are not beginner fantasy sports players from | ||||||
19 | participating in those games either directly or through another | ||||||
20 | person as a proxy. A fantasy sports contest operator shall | ||||||
21 | suspend the account of any fantasy sports player who is not a | ||||||
22 | beginner fantasy sports player and attempts to enter a game | ||||||
23 | limited to beginner fantasy sports players directly or through | ||||||
24 | another person as a proxy and shall ban such individual from | ||||||
25 | further play. |
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1 | (b) All fantasy sports contest operators, except fantasy | ||||||
2 | sports contest operators who only offer season-long fantasy | ||||||
3 | sports contests, shall develop games in which highly | ||||||
4 | experienced fantasy sports players cannot participate either | ||||||
5 | directly or through another person as a proxy. A fantasy sports | ||||||
6 | contest operator shall suspend the account of any highly | ||||||
7 | experienced fantasy sports player who attempts to enter a game | ||||||
8 | that excludes highly experienced fantasy sports players | ||||||
9 | directly or through another person as a proxy and shall ban | ||||||
10 | such individual from further play. Fantasy sports contest | ||||||
11 | operators shall identify highly experienced fantasy sports | ||||||
12 | players by a symbol attached to their username, or by other | ||||||
13 | easily visible means, on all fantasy sports contest platforms. | ||||||
14 | (c) Fantasy sports contest operators shall have | ||||||
15 | prominently published rules that govern when each fantasy | ||||||
16 | sports contest shall close or lock. Each fantasy sports contest | ||||||
17 | operator shall also prominently disclose contest-specific | ||||||
18 | information about the time that the contest closes or locks in | ||||||
19 | connection with each contest offered. A fantasy sports contest | ||||||
20 | operator shall strictly enforce all disclosed closing or lock | ||||||
21 | times. | ||||||
22 | (d) Fantasy sports contest operators shall restrict the | ||||||
23 | number of entries into fantasy sports contests in the following | ||||||
24 | manner: | ||||||
25 | (1) Fantasy sports contest operators shall not allow | ||||||
26 | fantasy sports players to submit more than one entry in any |
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1 | fantasy sports contest involving 12 total entries or less. | ||||||
2 | (2) Fantasy sports contest operators shall not allow | ||||||
3 | fantasy sports players to submit more than 2 entries in any | ||||||
4 | fantasy sports contest involving 13 to 36 total entries. | ||||||
5 | (3) Fantasy sports contest operators shall not allow | ||||||
6 | fantasy sports players to submit more than 3 entries in any | ||||||
7 | fantasy sports contest involving 37 to 100 total entries. | ||||||
8 | (4) Fantasy sports contest operators shall not allow | ||||||
9 | fantasy sports players to submit more than 3% of all | ||||||
10 | entries in any contest involving more than 100 total | ||||||
11 | entries. | ||||||
12 | (5) For all advertised fantasy sports contests, the | ||||||
13 | fantasy sports contest operator shall prominently include | ||||||
14 | information about the maximum number of entries that may be | ||||||
15 | submitted for that contest. | ||||||
16 | (e) Fantasy sports contest operators shall allow | ||||||
17 | individuals to restrict themselves from entering fantasy | ||||||
18 | sports contests under this Act. These restrictions shall | ||||||
19 | include, but not be limited to, (1) fantasy sports contest | ||||||
20 | entry limits, (2) limiting play to fantasy sports contest with | ||||||
21 | entry fees below an established limit, and (3) self-imposed | ||||||
22 | deposit limits less than allowed under this Act. Fantasy sports | ||||||
23 | contest operators shall implement and prominently publish | ||||||
24 | procedures for fantasy sports players to implement the | ||||||
25 | restrictions. Fantasy sports players shall have the option to | ||||||
26 | adjust these limits to make them more restrictive of gameplay |
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1 | as often as they like, but shall not have the option to make | ||||||
2 | limits less restrictive of gameplay within 90 days after | ||||||
3 | setting the limits.
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4 | Section 37. Fantasy sports contest disclosures. Fantasy | ||||||
5 | sports contest operators, except fantasy sports contest | ||||||
6 | operators who only offer season-long fantasy sports contests, | ||||||
7 | must display for each fantasy sports contest the maximum | ||||||
8 | percentage of the total entry fees to be retained by the | ||||||
9 | fantasy sports contest operator. The maximum percentage | ||||||
10 | retained shall be conspicuously displayed above, next to, or | ||||||
11 | under the entry fee listed for each fantasy sports contest; | ||||||
12 | however, a fantasy sports contest operator may satisfy this | ||||||
13 | requirement by providing a hyperlink above, next to, or under | ||||||
14 | the entry fee listed for each fantasy sports contest that will | ||||||
15 | take the fantasy sports player directly to the maximum | ||||||
16 | percentage of the total entry fees to be retained by the | ||||||
17 | fantasy sports contest operator for that fantasy sports | ||||||
18 | contest.
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19 | Section 40. Prohibited activities by a fantasy sports | ||||||
20 | contest operator. | ||||||
21 | (a) No fantasy sports contest operator employee, | ||||||
22 | principal, officer, director, or contractor shall play on any | ||||||
23 | fantasy sports contest platform of any fantasy sports contest | ||||||
24 | operator or play through another person as a proxy. For the |
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1 | purposes of this subsection (a), a contractor is limited to a | ||||||
2 | contractor who can access information of a fantasy sports | ||||||
3 | contest operator related to the conduct of a fantasy sports | ||||||
4 | contest that is not available to other fantasy sports players. | ||||||
5 | Fantasy sports contest operators shall make these restrictions | ||||||
6 | known to all affected individuals and corporate entities. | ||||||
7 | (b) No fantasy sports contest operator employee, | ||||||
8 | principal, officer, director, or contractor shall disclose | ||||||
9 | confidential information that may affect fantasy sports | ||||||
10 | contest gameplay to any person permitted to engage in fantasy | ||||||
11 | sports contest gameplay. Fantasy sports contest operators | ||||||
12 | shall make these restrictions known to all affected individuals | ||||||
13 | and corporate entities. | ||||||
14 | (c) No fantasy sports contest operator shall allow a | ||||||
15 | professional athlete whose individual statistics or | ||||||
16 | performance may be used to determine any part of the outcome of | ||||||
17 | any fantasy sports contest to enter fantasy sports contests in | ||||||
18 | the sports in which he or she participates. A fantasy sports | ||||||
19 | contest operator shall take commercially reasonable efforts to | ||||||
20 | prevent a sports agent, team employee, referee, or league | ||||||
21 | official associated with any competition that is the subject of | ||||||
22 | fantasy sports contests to enter fantasy sports contests in the | ||||||
23 | sport in which he or she participates, nor shall such athlete, | ||||||
24 | sports agent, team official, team representative, referee, or | ||||||
25 | league official play through another person as a proxy. | ||||||
26 | (1) Fantasy sports contest operators shall take |
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1 | commercially reasonable efforts to obtain lists of persons | ||||||
2 | described in this subsection (c) for the purpose of | ||||||
3 | implementing this subsection (c). | ||||||
4 | (2) Fantasy sports contest operators, upon learning of | ||||||
5 | a violation of this subsection (c), shall bar the | ||||||
6 | individual committing the violation from playing in any | ||||||
7 | fantasy sports contest by suspending the individual's | ||||||
8 | account and banning the individual from further play, shall | ||||||
9 | terminate any existing promotional agreements with the | ||||||
10 | individual, and shall refuse to make any new promotional | ||||||
11 | agreements that compensate the individual. | ||||||
12 | (3) Fantasy sports contest operators shall make these | ||||||
13 | restrictions known to all affected individuals and | ||||||
14 | corporate entities. | ||||||
15 | (d) No fantasy sports contest operator shall allow minors | ||||||
16 | to create a fantasy sports contest account. Fantasy sports | ||||||
17 | contest operators shall include age verification measures when | ||||||
18 | establishing a fantasy sports contest account. | ||||||
19 | (e) No fantasy sports contest operator may extend credit to | ||||||
20 | a fantasy sports player. | ||||||
21 | (f) A fantasy sports contest operator shall not permit | ||||||
22 | unauthorized scripts to be used on fantasy sports contest | ||||||
23 | platforms and shall use commercially reasonable efforts to | ||||||
24 | monitor for and to prevent use of such scripts. | ||||||
25 | (g) A fantasy sports contest operator shall bar any | ||||||
26 | individual or corporation found to be using an unauthorized |
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1 | script from playing in any fantasy sports contest by | ||||||
2 | terminating the individual or corporate account and by banning | ||||||
3 | that individual or corporation from further play. | ||||||
4 | (h) A fantasy sports contest operator shall not authorize | ||||||
5 | scripts that provide a player with a competitive advantage over | ||||||
6 | another player. | ||||||
7 | (i) For the purpose of subsections (f), (g), and (h) of | ||||||
8 | this Section, a script shall be treated as offering a | ||||||
9 | competitive advantage for reasons including, but not limited | ||||||
10 | to, its potential use to: | ||||||
11 | (1) facilitate entry of multiple contests with a single | ||||||
12 | line-up; | ||||||
13 | (2) facilitate changes in many line-ups at one time; | ||||||
14 | (3) facilitate use of commercial products designed and | ||||||
15 | distributed by third parties to identify advantageous game | ||||||
16 | strategies; or | ||||||
17 | (4) gather information about the performance of others | ||||||
18 | for the purpose of identifying or entering contests against | ||||||
19 | fantasy sports players who are less likely to be | ||||||
20 | successful. | ||||||
21 | (j) A fantasy sports contest operator shall not offer a | ||||||
22 | fantasy sports contest that involves an amateur-level or | ||||||
23 | collegiate-level sport.
| ||||||
24 | Section 45. Advertising. | ||||||
25 | (a) Advertisements of fantasy sports contest operators |
| |||||||
| |||||||
1 | shall not depict (i) minors (other than professional athletes | ||||||
2 | who may be minors), (ii) students, (iii) schools, colleges, or | ||||||
3 | universities, or (iv) school, college, or university settings. | ||||||
4 | However, incidental depiction of non-featured minors or minors | ||||||
5 | accompanying adults shall not be a violation of this subsection | ||||||
6 | (a). | ||||||
7 | (b) Fantasy sports contest operators shall not advertise on | ||||||
8 | school, college, or university campuses. | ||||||
9 | (c) Fantasy sports contest operators shall not advertise at | ||||||
10 | amateur athletic competitions, except to the extent that those | ||||||
11 | competitions are played in stadiums where professional | ||||||
12 | competitions are held and where non-digital advertisements | ||||||
13 | have been posted, erected, or otherwise displayed in a manner | ||||||
14 | that would require substantial effort to remove.
| ||||||
15 | Section 50. Withholding of delinquent child support. | ||||||
16 | (a) From individual winnings of $600 or more that are | ||||||
17 | subject to reporting to the Internal Revenue Service on Form | ||||||
18 | 1099, a fantasy sports contest operator shall withhold up to | ||||||
19 | the full amount of winnings necessary to pay the winner's past | ||||||
20 | due child support amount as certified by the Department of | ||||||
21 | Healthcare and Family Services under Section 10-17.15 of the | ||||||
22 | Illinois Public Aid Code. Amounts withheld shall be paid to the | ||||||
23 | Department of Healthcare and Family Services by the fantasy | ||||||
24 | sports contest operator, as applicable. This process shall be | ||||||
25 | accomplished as provided in 89 Ill. Adm. Code 160.70(q). |
| |||||||
| |||||||
1 | (b) For withholding of winnings, the fantasy sports contest | ||||||
2 | operator shall be entitled to an administrative fee not to | ||||||
3 | exceed the lesser of 4% of the total amount of cash winnings | ||||||
4 | paid to the fantasy sports player or $150. | ||||||
5 | (c) In no event shall the total amount withheld from the | ||||||
6 | cash payout exceed the total cash winnings claimed by the | ||||||
7 | obligor. If the cash payout claimed is greater than the amount | ||||||
8 | sufficient to satisfy the obligor's delinquent child support | ||||||
9 | payments, the fantasy sports contest operator shall pay the | ||||||
10 | obligor the remaining balance of the payout. | ||||||
11 | (d) Any fantasy sports player that knowingly claims | ||||||
12 | winnings from a single fantasy sports contest in a manner to | ||||||
13 | intentionally avoid reporting winnings to the Internal Revenue | ||||||
14 | Service shall be guilty of a Class A misdemeanor. Fantasy | ||||||
15 | sports contest operators shall take commercially and | ||||||
16 | technologically reasonable measures to ensure fantasy sports | ||||||
17 | players comply with all reporting requirements. If a fantasy | ||||||
18 | sports contest operator reasonably believes that the fantasy | ||||||
19 | sports player engaged in conduct that would constitute a | ||||||
20 | violation of federal reporting requirements, the fantasy | ||||||
21 | sports contest operator shall bar the individual committing the | ||||||
22 | violation from playing in any fantasy sports contest by | ||||||
23 | suspending the individual's account and banning such | ||||||
24 | individual from further play until the individual provides the | ||||||
25 | fantasy sports contest operator proof that the individual has | ||||||
26 | resolved all compliance issues with the Internal Revenue |
| |||||||
| |||||||
1 | Service. | ||||||
2 | (e) A fantasy sports contest operator who in good faith | ||||||
3 | complies with the requirements of this Section shall not be | ||||||
4 | liable to the gaming winner or any other individual or entity. | ||||||
5 | (f) Upon request of a fantasy sports contest operator under | ||||||
6 | this Act, an agent of the Board (such as a gaming special agent | ||||||
7 | employed by the Board, a State police officer, or a revenue | ||||||
8 | agent) shall be responsible for notifying the person identified | ||||||
9 | as being delinquent in child support payments that the fantasy | ||||||
10 | sports contest operator is required by law to withhold all or a | ||||||
11 | portion of his or her winnings. If given, this notification | ||||||
12 | must be provided at the time the winnings are withheld. | ||||||
13 | (g) The provisions of this Section shall be operative on | ||||||
14 | and after the date that rules are adopted by the Department of | ||||||
15 | Healthcare and Family Services pursuant to Section 10-17.15 of | ||||||
16 | the Illinois Public Aid Code. | ||||||
17 | (h) The delinquent child support required to be withheld | ||||||
18 | under this Section has priority over any secured or unsecured | ||||||
19 | claim on cash winnings, except claims for federal or State | ||||||
20 | taxes that are required to be withheld under federal or State | ||||||
21 | law.
| ||||||
22 | Section 55. Audits. All fantasy sports contest operators | ||||||
23 | with annual fantasy sports contest revenue of $100,000 or more | ||||||
24 | shall annually be subject to an audit of the financial | ||||||
25 | transactions and condition of the fantasy sports contest |
| |||||||
| |||||||
1 | operator's total operations as they relate to the offering and | ||||||
2 | operating of fantasy sports contests and to ensure compliance | ||||||
3 | with all of the requirements in this Act. Fantasy sports | ||||||
4 | contest operators with annual fantasy sports contest revenues | ||||||
5 | less than $100,000 shall every 3 years be subject to an audit | ||||||
6 | of the financial transactions and condition of the fantasy | ||||||
7 | sports contest operator's total operations as they relate to | ||||||
8 | the offering and operating of fantasy sports contests and to | ||||||
9 | ensure compliance with all of the requirements in this Act. All | ||||||
10 | audits and compliance engagements shall be conducted by | ||||||
11 | certified public accountants or an independent testing | ||||||
12 | laboratory approved by the Board. Each certified public | ||||||
13 | accountant must be registered in the State of Illinois under | ||||||
14 | the Illinois Public Accounting Act. The compensation for each | ||||||
15 | certified public accountant or independent testing laboratory | ||||||
16 | shall be paid directly by the fantasy sports contest operator | ||||||
17 | to the certified public accountant or independent testing | ||||||
18 | laboratory. The audit shall be conducted and submitted to the | ||||||
19 | Board by January 31 of the year in which the audit is due.
| ||||||
20 | Section 60. Annual reports. All fantasy sports contest | ||||||
21 | operators licensed by the Board must annually submit a report | ||||||
22 | to the Board no later than January 31 of each year. Information | ||||||
23 | included in the report shall include: | ||||||
24 | (1) the number of fantasy sports player accounts with | ||||||
25 | the fantasy sports contest operator; this shall be broken |
| |||||||
| |||||||
1 | down between beginner fantasy sports players and highly | ||||||
2 | experienced fantasy sports players; | ||||||
3 | (2) the number of new accounts established; | ||||||
4 | (3) the number of accounts closed; | ||||||
5 | (4) the total amount of entry fees received from | ||||||
6 | fantasy sports players located in Illinois; | ||||||
7 | (5) the total amount of prizes awarded to fantasy | ||||||
8 | sports players located in Illinois; | ||||||
9 | (6) the total amount of fantasy sports contest revenue; | ||||||
10 | (7) the number of fantasy sports players that are | ||||||
11 | located in Illinois that requested deposit limit | ||||||
12 | increases; and | ||||||
13 | (8) the number of deposit limit increases granted to | ||||||
14 | fantasy sports players located in Illinois by the fantasy | ||||||
15 | sports contest operator.
| ||||||
16 | Section 65. Application for licensure; background | ||||||
17 | investigation; fees. | ||||||
18 | (a) A qualified person may apply to the Board for a fantasy | ||||||
19 | sports contest operator license to conduct fantasy sports | ||||||
20 | contests as provided in this Act. The application shall be made | ||||||
21 | on forms provided by the Board. The burden is upon each | ||||||
22 | applicant to demonstrate suitability for licensure. Each | ||||||
23 | fantasy sports contest operator shall be licensed by the Board. | ||||||
24 | The Board may issue a license for a period of up to 2 years or, | ||||||
25 | in the case of fantasy sports contest operators with annual |
| |||||||
| |||||||
1 | fantasy sports revenues less than $100,000, for up to 3 years. | ||||||
2 | (b) Each person seeking and possessing a license as a | ||||||
3 | fantasy sports contest operator shall submit to a background | ||||||
4 | investigation conducted by the Board with the assistance of the | ||||||
5 | State Police or other law enforcement. To the extent that the | ||||||
6 | corporate structure of the applicant allows, the background | ||||||
7 | investigation shall include any or all of the following as the | ||||||
8 | Board deems appropriate or as provided by rule: (i) each | ||||||
9 | beneficiary of a trust, (ii) each partner of a partnership, | ||||||
10 | (iii) each member of a limited liability company, (iv) each | ||||||
11 | director and officer of a publicly or non-publicly held | ||||||
12 | corporation, (v) each stockholder of a non-publicly held | ||||||
13 | corporation, (vi) each stockholder of 5% or more of a publicly | ||||||
14 | held corporation, or (vii) each stockholder of 5% or more in a | ||||||
15 | parent or subsidiary corporation. | ||||||
16 | (c) Each person seeking and possessing a license as a | ||||||
17 | fantasy sports contest operator shall disclose the identity of | ||||||
18 | every person, association, trust, corporation, or limited | ||||||
19 | liability company having a greater than 1% direct or indirect | ||||||
20 | pecuniary interest in the fantasy sports contest operator for | ||||||
21 | which the license is sought. If the disclosed entity is a | ||||||
22 | trust, the application shall disclose the names and addresses | ||||||
23 | of the beneficiaries; if a corporation, the names and addresses | ||||||
24 | of all stockholders and directors; if a limited liability | ||||||
25 | company, the names and addresses of all members; or if a | ||||||
26 | partnership, the names and addresses of all partners, both |
| |||||||
| |||||||
1 | general and limited. | ||||||
2 | (d) All information, records, interviews, reports, | ||||||
3 | statements, memoranda, or other data supplied to or used by the | ||||||
4 | Board in the course of its review or investigation of an | ||||||
5 | application for a license or a renewal under this Act shall be | ||||||
6 | privileged and strictly confidential and shall be used only for | ||||||
7 | the purpose of evaluating an applicant for a license or a | ||||||
8 | renewal. The information, records, interviews, reports, | ||||||
9 | statements, memoranda, or other data shall not be admissible as | ||||||
10 | evidence nor discoverable in any action of any kind in any | ||||||
11 | court or before any tribunal, board, agency, or person, except | ||||||
12 | for any action deemed necessary by the Board. | ||||||
13 | (e) No person may be licensed as a fantasy sports contest | ||||||
14 | operator if that person has been found by the Board to: | ||||||
15 | (1) have a background, including a criminal record, | ||||||
16 | reputation, habits, social or business associations, or | ||||||
17 | prior activities, that poses a threat to the public | ||||||
18 | interests of the State or to the security and integrity of | ||||||
19 | fantasy sports contests; | ||||||
20 | (2) create or enhance the dangers of unsuitable, | ||||||
21 | unfair, or illegal practices, methods, and activities in | ||||||
22 | the conduct of fantasy sports contests; or | ||||||
23 | (3) present questionable business practices and | ||||||
24 | financial arrangements incidental to the conduct of | ||||||
25 | fantasy sports contests. | ||||||
26 | (f) Any applicant for a license under this Act has the |
| |||||||
| |||||||
1 | burden of proving his or her qualifications to the satisfaction | ||||||
2 | of the Board. The Board may adopt rules to establish additional | ||||||
3 | qualifications and requirements to preserve the integrity and | ||||||
4 | security of fantasy sports contests in this State. | ||||||
5 | (g) A fantasy sports contest operator that has been | ||||||
6 | operating in Illinois for at least 6 months on December 23, | ||||||
7 | 2015 or any other entity that holds a current owners license | ||||||
8 | under the Riverboat Gambling Act from the Board may operate | ||||||
9 | fantasy sports contests until a final decision is rendered on | ||||||
10 | the application for a fantasy sports contest operator license. | ||||||
11 | The operation of fantasy sports contests under this subsection | ||||||
12 | (g): shall not be regulated under any provision of the | ||||||
13 | Riverboat Gambling Act, or rule adopted thereunder; and shall | ||||||
14 | not be the basis for, or have any impact on, any decision or | ||||||
15 | action relating to an owners license under the Riverboat | ||||||
16 | Gambling Act. | ||||||
17 | (h) A non-refundable application fee shall be paid at the | ||||||
18 | time an application for a license is filed with the Board in | ||||||
19 | the following amounts: | ||||||
20 | (1) Fantasy sports contest operator with annual | ||||||
21 | fantasy sports contest revenue greater | ||||||
22 | than $10,000,000 ..............................$25,000 | ||||||
23 | (2) Fantasy sports contest operator with annual | ||||||
24 | fantasy sports contest revenue greater than | ||||||
25 | $5,000,000 but not more than $10,000,000 ......$12,500 | ||||||
26 | (3) Fantasy sports contest operator with annual |
| |||||||
| |||||||
1 | fantasy sports contest revenue greater than | ||||||
2 | $1,000,000 but not more than $5,000,000 ........$7,500 | ||||||
3 | (4) Fantasy sports contest operator with annual | ||||||
4 | fantasy sports contest revenue of at least | ||||||
5 | $100,000 but not more than $1,000,000 ..........$5,000 | ||||||
6 | (5) Fantasy sports contest operator with annual | ||||||
7 | fantasy sports contest revenue less | ||||||
8 | than $100,000 ....................................$500 | ||||||
9 | (i) The Board shall establish a fee for each license not to | ||||||
10 | exceed the following for the initial licensure period: | ||||||
11 | (1) Fantasy sports contest operator with annual | ||||||
12 | fantasy sports contest revenue greater | ||||||
13 | than $10,000,000 ..............................$50,000 | ||||||
14 | (2) Fantasy sports contest operator with annual | ||||||
15 | fantasy sports contest revenue greater than | ||||||
16 | $5,000,000 but not more than $10,000,000 ......$25,000 | ||||||
17 | (3) Fantasy sports contest operator with annual | ||||||
18 | fantasy sports contest revenue greater than | ||||||
19 | $1,000,000 but not more than $5,000,000 .......$15,000 | ||||||
20 | (4) Fantasy sports contest operator with annual | ||||||
21 | fantasy sports contest revenue of at least | ||||||
22 | $100,000 but not more than $1,000,000 .........$10,000 | ||||||
23 | (5) Fantasy sports contest operator with annual | ||||||
24 | fantasy sports contest revenue less | ||||||
25 | than $100,000 ..................................$1,500 | ||||||
26 | (j) For subsequent licensure periods, the renewal fee shall |
| |||||||
| |||||||
1 | not exceed the following: | ||||||
2 | (1) Fantasy sports contest operator with annual | ||||||
3 | fantasy sports contest revenue greater | ||||||
4 | than $10,000,000 ..............................$37,500 | ||||||
5 | (2) Fantasy sports contest operator with annual | ||||||
6 | fantasy sports contest revenue greater than | ||||||
7 | $5,000,000 but not more than $10,000,000 ......$18,750 | ||||||
8 | (3) Fantasy sports contest operator with annual | ||||||
9 | fantasy sports contest revenue greater than | ||||||
10 | $1,000,000 but no more than $5,000,000 ........$11,250 | ||||||
11 | (4) Fantasy sports contest operator with annual | ||||||
12 | fantasy sports contest revenue of at least | ||||||
13 | $100,000 but not more than $1,000,000 ..........$7,500 | ||||||
14 | (5) Fantasy sports contest operator with annual | ||||||
15 | fantasy sports contest revenue less | ||||||
16 | than $100,000 ..................................$1,125
| ||||||
17 | Section 70. Distribution of license fees. | ||||||
18 | (a) All fees collected under Section 65 of this Act shall | ||||||
19 | be deposited into the State Gaming Fund. | ||||||
20 | (b) Fees collected under Section 65 of this Act shall be | ||||||
21 | used for the administration of this Act. | ||||||
22 | (c) All licenses issued by the Board under this Act are | ||||||
23 | renewable every 2 years for fantasy
sports contest operators | ||||||
24 | with annual fantasy sports contest revenues of $100,000 or more | ||||||
25 | and every 3 years for fantasy sports contest operators with |
| |||||||
| |||||||
1 | annual fantasy sports contest revenues less than $100,000 | ||||||
2 | unless sooner cancelled or terminated. No license issued under | ||||||
3 | this Act is transferable or assignable.
| ||||||
4 | Section 75. Imposition and distribution of tax. | ||||||
5 | (a) A privilege tax is imposed on persons engaged in the | ||||||
6 | business of operating fantasy sports contests based on the | ||||||
7 | fantasy sports contest revenues received by a fantasy sports | ||||||
8 | contest operator licensed under this Act at the following | ||||||
9 | graduated tax rates: | ||||||
10 | (1) 5% of annual fantasy sports contest revenues up to | ||||||
11 | and including $1,000,000; | ||||||
12 | (2) 7.5% of annual fantasy sports contest revenues in | ||||||
13 | excess of $1,000,000 but not exceeding $3,000,000; | ||||||
14 | (3) 10% of annual fantasy sports contest revenues in | ||||||
15 | excess of $3,000,000 but not exceeding $8,000,000; | ||||||
16 | (4) 15% of annual fantasy sports contest revenues in | ||||||
17 | excess of $8,000,000 but not exceeding $15,000,000; | ||||||
18 | (5) 22.5% of annual fantasy sports contest revenues in | ||||||
19 | excess of $15,000,000 but not exceeding $25,000,000; and | ||||||
20 | (6) 30% of annual fantasy sports contest revenues in | ||||||
21 | excess of $25,000,000. | ||||||
22 | (b) The taxes imposed by this Section shall be paid by the | ||||||
23 | fantasy sports contest operator to the Board not later than the | ||||||
24 | fifteenth day of every month for the previous month's privilege | ||||||
25 | taxes. All payments not remitted when due shall be paid |
| |||||||
| |||||||
1 | together with a penalty assessment on the unpaid balance at a | ||||||
2 | rate of 1.5% per month. | ||||||
3 | (c) All of the tax collected under this Section shall be | ||||||
4 | deposited into the Education Assistance Fund.
| ||||||
5 | Section 80. Limitation on taxation of fantasy sports | ||||||
6 | contest operators. Fantasy sports contest operators shall not | ||||||
7 | be subjected to any excise tax, license tax, permit tax, | ||||||
8 | privilege tax, or occupation tax that is imposed exclusively | ||||||
9 | upon the licensee by the State or any political subdivision | ||||||
10 | thereof, except as provided in this Act.
| ||||||
11 | Section 900. The Regulatory Sunset Act is amended by | ||||||
12 | changing Section 4.30 as follows:
| ||||||
13 | (5 ILCS 80/4.30) | ||||||
14 | Sec. 4.30. Acts repealed on January 1, 2020. The following | ||||||
15 | Acts are repealed on January 1, 2020: | ||||||
16 | The Auction License Act. | ||||||
17 | The Community Association Manager Licensing and | ||||||
18 | Disciplinary Act. | ||||||
19 | The Illinois Architecture Practice Act of 1989. | ||||||
20 | The Illinois Landscape Architecture Act of 1989. | ||||||
21 | The Illinois Professional Land Surveyor Act of 1989. | ||||||
22 | The Land Sales Registration Act of 1999. | ||||||
23 | The Orthotics, Prosthetics, and Pedorthics Practice Act. |
| |||||||
| |||||||
1 | The Perfusionist Practice Act.
| ||||||
2 | The Professional Engineering Practice Act of 1989. | ||||||
3 | The Real Estate License Act of 2000. | ||||||
4 | The Structural Engineering Practice Act of 1989. | ||||||
5 | The Fantasy Sports Contest Act. | ||||||
6 | (Source: P.A. 96-610, eff. 8-24-09; 96-626, eff. 8-24-09; | ||||||
7 | 96-682, eff. 8-25-09; 96-726, eff. 7-1-10; 96-730, eff. | ||||||
8 | 8-25-09; 96-855, eff. 12-31-09; 96-856, eff. 12-31-09; | ||||||
9 | 96-1000, eff. 7-2-10.)
| ||||||
10 | Section 905. The Illinois Public Aid Code is amended by | ||||||
11 | changing Section 10-17.15 as follows:
| ||||||
12 | (305 ILCS 5/10-17.15) | ||||||
13 | Sec. 10-17.15. Certification of information to State | ||||||
14 | gaming licensees. | ||||||
15 | (a) For purposes of this Section, "State gaming licensee" | ||||||
16 | means, as applicable, an organization licensee or advance | ||||||
17 | deposit wagering licensee licensed under the Illinois Horse | ||||||
18 | Racing Act of 1975, an owners licensee licensed under the | ||||||
19 | Riverboat Gambling Act, or a licensee that operates, under any | ||||||
20 | law of this State, one or more facilities or gaming locations | ||||||
21 | at which lawful gambling is authorized and licensed as provided | ||||||
22 | in the Riverboat Gambling Act , or a fantasy sports contest | ||||||
23 | operator licensed under the Fantasy Sports Contest Act . | ||||||
24 | (b) The Department may provide, by rule, for certification |
| |||||||
| |||||||
1 | to any State gaming licensee of past due child support owed by | ||||||
2 | a responsible relative under a support order entered by a court | ||||||
3 | or administrative body of this or any other State on behalf of | ||||||
4 | a resident or non-resident receiving child support services | ||||||
5 | under this Article in accordance with the requirements of Title | ||||||
6 | IV-D, Part D, of the Social Security Act. The State gaming | ||||||
7 | licensee shall have the ability to withhold from winnings | ||||||
8 | required to be reported to the Internal Revenue Service on Form | ||||||
9 | W-2G or, in the case of a fantasy sports contest operator, the | ||||||
10 | ability to withhold from individual winnings of $600 or more | ||||||
11 | that are subject to reporting to the Internal Revenue Service | ||||||
12 | on Form 1099 , up to the full amount of winnings necessary to | ||||||
13 | pay the winner's past due child support. The rule shall provide | ||||||
14 | for notice to and an opportunity to be heard by each | ||||||
15 | responsible relative affected and any final administrative | ||||||
16 | decision rendered by the Department shall be reviewed only | ||||||
17 | under and in accordance with the Administrative Review Law. | ||||||
18 | (c) For withholding of winnings, the State gaming licensee | ||||||
19 | shall be entitled to an administrative fee not to exceed the | ||||||
20 | lesser of 4% of the total amount of cash winnings paid to the | ||||||
21 | gambling winner or $150. | ||||||
22 | (d) In no event may the total amount withheld from the cash | ||||||
23 | payout, including the administrative fee, exceed the total cash | ||||||
24 | winnings claimed by the obligor. If the cash payout claimed is | ||||||
25 | greater than the amount sufficient to satisfy the obligor's | ||||||
26 | delinquent child support payments, the State gaming licensee |
| |||||||
| |||||||
1 | shall pay the obligor the remaining balance of the payout, less | ||||||
2 | the administrative fee authorized by subsection (c) of this | ||||||
3 | Section, at the time it is claimed. | ||||||
4 | (e) A State gaming licensee who in good faith complies with | ||||||
5 | the requirements of this Section shall not be liable to the | ||||||
6 | gaming winner or any other individual or entity.
| ||||||
7 | (Source: P.A. 98-318, eff. 8-12-13.)
| ||||||
8 | Section 910. The Criminal Code of 2012 is amended by | ||||||
9 | changing Section 28-1 as follows:
| ||||||
10 | (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
| ||||||
11 | Sec. 28-1. Gambling.
| ||||||
12 | (a) A person commits gambling when he or she:
| ||||||
13 | (1) knowingly plays a game of chance or skill for money | ||||||
14 | or other thing of
value, unless excepted in subsection (b) | ||||||
15 | of this Section;
| ||||||
16 | (2) knowingly makes a wager upon the result of any | ||||||
17 | game, contest, or any
political nomination, appointment or | ||||||
18 | election;
| ||||||
19 | (3) knowingly operates, keeps, owns, uses, purchases, | ||||||
20 | exhibits, rents, sells,
bargains for the sale or lease of, | ||||||
21 | manufactures or distributes any
gambling device;
| ||||||
22 | (4) contracts to have or give himself or herself or | ||||||
23 | another the option to buy
or sell, or contracts to buy or | ||||||
24 | sell, at a future time, any grain or
other commodity |
| |||||||
| |||||||
1 | whatsoever, or any stock or security of any company,
where | ||||||
2 | it is at the time of making such contract intended by both | ||||||
3 | parties
thereto that the contract to buy or sell, or the | ||||||
4 | option, whenever
exercised, or the contract resulting | ||||||
5 | therefrom, shall be settled, not by
the receipt or delivery | ||||||
6 | of such property, but by the payment only of
differences in | ||||||
7 | prices thereof; however, the issuance, purchase, sale,
| ||||||
8 | exercise, endorsement or guarantee, by or through a person | ||||||
9 | registered
with the Secretary of State pursuant to Section | ||||||
10 | 8 of the Illinois
Securities Law of 1953, or by or through | ||||||
11 | a person exempt from such
registration under said Section | ||||||
12 | 8, of a put, call, or other option to
buy or sell | ||||||
13 | securities which have been registered with the Secretary of
| ||||||
14 | State or which are exempt from such registration under | ||||||
15 | Section 3 of the
Illinois Securities Law of 1953 is not | ||||||
16 | gambling within the meaning of
this paragraph (4);
| ||||||
17 | (5) knowingly owns or possesses any book, instrument or | ||||||
18 | apparatus by
means of which bets or wagers have been, or | ||||||
19 | are, recorded or registered,
or knowingly possesses any | ||||||
20 | money which he has received in the course of
a bet or | ||||||
21 | wager;
| ||||||
22 | (6) knowingly sells pools upon the result of any game | ||||||
23 | or contest of skill or
chance, political nomination, | ||||||
24 | appointment or election;
| ||||||
25 | (7) knowingly sets up or promotes any lottery or sells, | ||||||
26 | offers to sell or
transfers any ticket or share for any |
| |||||||
| |||||||
1 | lottery;
| ||||||
2 | (8) knowingly sets up or promotes any policy game or | ||||||
3 | sells, offers to sell or
knowingly possesses or transfers | ||||||
4 | any policy ticket, slip, record,
document or other similar | ||||||
5 | device;
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6 | (9) knowingly drafts, prints or publishes any lottery | ||||||
7 | ticket or share,
or any policy ticket, slip, record, | ||||||
8 | document or similar device, except for
such activity | ||||||
9 | related to lotteries, bingo games and raffles authorized by
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10 | and conducted in accordance with the laws of Illinois or | ||||||
11 | any other state or
foreign government;
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12 | (10) knowingly advertises any lottery or policy game, | ||||||
13 | except for such
activity related to lotteries, bingo games | ||||||
14 | and raffles authorized by and
conducted in accordance with | ||||||
15 | the laws of Illinois or any other state;
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16 | (11) knowingly transmits information as to wagers, | ||||||
17 | betting odds, or
changes in betting odds by telephone, | ||||||
18 | telegraph, radio, semaphore or
similar means; or knowingly | ||||||
19 | installs or maintains equipment for the
transmission or | ||||||
20 | receipt of such information; except that nothing in this
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21 | subdivision (11) prohibits transmission or receipt of such | ||||||
22 | information
for use in news reporting of sporting events or | ||||||
23 | contests; or
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24 | (12) knowingly establishes, maintains, or operates an | ||||||
25 | Internet site that
permits a person to play a game of
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26 | chance or skill for money or other thing of value by means |
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1 | of the Internet or
to make a wager upon the
result of any | ||||||
2 | game, contest, political nomination, appointment, or
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3 | election by means of the Internet. This item (12) does not | ||||||
4 | apply to activities referenced in items (6) and (6.1) of | ||||||
5 | subsection (b) of this Section. This item (12) does not | ||||||
6 | apply to activities referenced in item (15) subsection (b) | ||||||
7 | of this Section.
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8 | (b) Participants in any of the following activities shall | ||||||
9 | not be
convicted of gambling:
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10 | (1) Agreements to compensate for loss caused by the | ||||||
11 | happening of
chance including without limitation contracts | ||||||
12 | of indemnity or guaranty
and life or health or accident | ||||||
13 | insurance.
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14 | (2) Offers of prizes, award or compensation to the | ||||||
15 | actual
contestants in any bona fide contest for the | ||||||
16 | determination of skill,
speed, strength or endurance or to | ||||||
17 | the owners of animals or vehicles
entered in such contest.
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18 | (3) Pari-mutuel betting as authorized by the law of | ||||||
19 | this State.
| ||||||
20 | (4) Manufacture of gambling devices, including the | ||||||
21 | acquisition of
essential parts therefor and the assembly | ||||||
22 | thereof, for transportation in
interstate or foreign | ||||||
23 | commerce to any place outside this State when such
| ||||||
24 | transportation is not prohibited by any applicable Federal | ||||||
25 | law; or the
manufacture, distribution, or possession of | ||||||
26 | video gaming terminals, as
defined in the Video Gaming Act, |
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1 | by manufacturers, distributors, and
terminal operators | ||||||
2 | licensed to do so under the Video Gaming Act.
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3 | (5) The game commonly known as "bingo", when conducted | ||||||
4 | in accordance
with the Bingo License and Tax Act.
| ||||||
5 | (6) Lotteries when conducted by the State of Illinois | ||||||
6 | in accordance
with the Illinois Lottery Law. This exemption | ||||||
7 | includes any activity conducted by the Department of | ||||||
8 | Revenue to sell lottery tickets pursuant to the provisions | ||||||
9 | of the Illinois Lottery Law and its rules.
| ||||||
10 | (6.1) The purchase of lottery tickets through the | ||||||
11 | Internet for a lottery conducted by the State of Illinois | ||||||
12 | under the program established in Section 7.12 of the | ||||||
13 | Illinois Lottery Law.
| ||||||
14 | (7) Possession of an antique slot machine that is | ||||||
15 | neither used nor
intended to be used in the operation or | ||||||
16 | promotion of any unlawful
gambling activity or enterprise. | ||||||
17 | For the purpose of this subparagraph
(b)(7), an antique | ||||||
18 | slot machine is one manufactured 25 years ago or earlier.
| ||||||
19 | (8) Raffles and poker runs when conducted in accordance | ||||||
20 | with the Raffles and Poker Runs Act.
| ||||||
21 | (9) Charitable games when conducted in accordance with | ||||||
22 | the Charitable
Games Act.
| ||||||
23 | (10) Pull tabs and jar games when conducted under the | ||||||
24 | Illinois Pull
Tabs and Jar Games Act.
| ||||||
25 | (11) Gambling games conducted on riverboats when
| ||||||
26 | authorized by the Riverboat Gambling Act.
|
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| |||||||
1 | (12) Video gaming terminal games at a licensed | ||||||
2 | establishment, licensed truck stop establishment,
licensed
| ||||||
3 | fraternal establishment, or licensed veterans | ||||||
4 | establishment when
conducted in accordance with the Video | ||||||
5 | Gaming Act. | ||||||
6 | (13) Games of skill or chance where money or other | ||||||
7 | things of value can be won but no payment or purchase is | ||||||
8 | required to participate. | ||||||
9 | (14) Savings promotion raffles authorized under | ||||||
10 | Section 5g of the Illinois Banking Act, Section 7008 of the | ||||||
11 | Savings Bank Act, Section 42.7 of the Illinois Credit Union | ||||||
12 | Act, Section 5136B of the National Bank Act (12 U.S.C. | ||||||
13 | 25a), or Section 4 of the Home Owners' Loan Act (12 U.S.C. | ||||||
14 | 1463). | ||||||
15 | (15) Fantasy sports contests and participation in | ||||||
16 | fantasy sports contests as defined and offered under the | ||||||
17 | Fantasy Sports Contest 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 | Section 999. Effective date. This Act takes effect upon | ||||||
2 | becoming law.".
|