Bill Amendment: IL SB1531 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: REAL ESTATE APPRAISER-BOARD
Status: 2019-01-09 - Session Sine Die [SB1531 Detail]
Download: Illinois-2017-SB1531-House_Amendment_001.html
Bill Title: REAL ESTATE APPRAISER-BOARD
Status: 2019-01-09 - Session Sine Die [SB1531 Detail]
Download: Illinois-2017-SB1531-House_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 1531
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2 | AMENDMENT NO. ______. Amend Senate Bill 1531 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Fantasy Sports Contest Act.
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6 | Section 5. Legislative intent. | ||||||
7 | (a) The General Assembly hereby finds and declares that: | ||||||
8 | (1) Interactive fantasy sports contests are contests | ||||||
9 | of skill in which fantasy or simulation teams are selected | ||||||
10 | based upon the skill and knowledge of the participants and | ||||||
11 | not based solely on the membership of an actual team. | ||||||
12 | (2) Interactive fantasy sports contests are not wagers | ||||||
13 | on future contingent events not under the contestants' | ||||||
14 | control or influence because contestants have control over | ||||||
15 | which players they choose and the outcome of each contest | ||||||
16 | is not dependent upon the performance of any one player or |
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1 | any one actual team. The outcome of any interactive fantasy | ||||||
2 | sports contest does not correspond to the outcome of any | ||||||
3 | one real-life competitive event. Instead, the outcome | ||||||
4 | depends on how the performances of participants' fantasy | ||||||
5 | roster choices compared to the performance of others' | ||||||
6 | roster choices. | ||||||
7 | (b) Based on the findings in this Section, the General | ||||||
8 | Assembly declares that interactive fantasy sports contests do | ||||||
9 | not constitute gambling as defined in Section 28-1 of the | ||||||
10 | Criminal Code of 2012. | ||||||
11 | (c) The General Assembly further finds that as the Internet | ||||||
12 | has become an integral part of society, and interactive fantasy | ||||||
13 | sports contests a major form of entertainment for many | ||||||
14 | consumers, any interactive fantasy sports enforcement and | ||||||
15 | regulatory structure must begin from the bedrock premise that | ||||||
16 | participation in a lawful and licensed interactive fantasy | ||||||
17 | sports industry is a privilege and not a right, and that | ||||||
18 | regulatory oversight is intended to safeguard the integrity of | ||||||
19 | the games and participants and to ensure accountability and the | ||||||
20 | public trust.
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21 | Section 10. Definitions. As used in this Act: | ||||||
22 | "Authorized player" means an individual located in this | ||||||
23 | State that participates in an interactive fantasy sports | ||||||
24 | contest offered by an interactive fantasy sports operator.
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25 | "Beginner fantasy sports player" means an individual who is |
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1 | at least 21 years of age and who has entered fewer than 51 | ||||||
2 | interactive fantasy sports contests offered by a single | ||||||
3 | interactive fantasy sports operator. | ||||||
4 | "Board" means the Illinois Gaming Board.
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5 | "Collegiate sport or athletic event" means a sport or | ||||||
6 | athletic event offered or sponsored by or played in connection | ||||||
7 | with a public or private institution that offers education | ||||||
8 | services beyond the secondary level. | ||||||
9 | "Entry fee" means cash or cash equivalent that is paid by | ||||||
10 | an authorized player to an interactive fantasy sports operator | ||||||
11 | to participate in an interactive fantasy sports contest offered | ||||||
12 | by that interactive fantasy sports operator. | ||||||
13 | "High school sport or athletic event" means a sport or | ||||||
14 | athletic event offered or sponsored by or played in connection | ||||||
15 | with a public or private institution that offers education | ||||||
16 | services at the secondary level. | ||||||
17 | "Highly experienced player" means an authorized player who | ||||||
18 | has: | ||||||
19 | (1) entered more than 1,000 interactive fantasy sports | ||||||
20 | contests offered by a single interactive fantasy sports | ||||||
21 | operator; or | ||||||
22 | (2) won more than 3 prizes valued at $1,000 each or | ||||||
23 | more from a single interactive fantasy sports operator. | ||||||
24 | "Interactive fantasy sports contest" means a fantasy | ||||||
25 | contest, in which: | ||||||
26 | (1) the value of all prizes and awards offered to |
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1 | winning participants are established and made known to the | ||||||
2 | participants in advance of the contest and their value is | ||||||
3 | not determined by the number of participants or the amount | ||||||
4 | of any fees paid by those participants; | ||||||
5 | (2) all winning outcomes are determined predominantly | ||||||
6 | by accumulated statistical results of the performance of | ||||||
7 | individual athletes in real-world professional athletic | ||||||
8 | competitions; a professional athletic competition does not | ||||||
9 | include any amateur or collegiate level sport; and | ||||||
10 | (3) no winning outcome is based on the score, point | ||||||
11 | spread, or any performance or performances of any single | ||||||
12 | actual team or combination of such teams or solely on any | ||||||
13 | single performance of an individual athlete or player in | ||||||
14 | any single actual event. | ||||||
15 | "Interactive fantasy sports gross revenue" means the | ||||||
16 | amount equal to the total of all entry fees that an interactive | ||||||
17 | fantasy sports operator collects from all players, multiplied | ||||||
18 | by the location percentage for the State. | ||||||
19 | "Interactive fantasy sports operator" means a person or | ||||||
20 | entity that engages in the business of offering, by means of | ||||||
21 | the Internet, a smart phone application, or other similar | ||||||
22 | electronic or digital media or communication technologies, | ||||||
23 | multiple interactive fantasy sports contests to persons. | ||||||
24 | "Interactive fantasy sports platform" means any website, | ||||||
25 | smart phone application, or other portal providing access to an | ||||||
26 | interactive fantasy sports contest. |
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1 | "Location percentage" means, for each interactive fantasy | ||||||
2 | sports contest, the percentage, rounded to the nearest tenth of | ||||||
3 | a percent, of the total entry fees collected by an interactive | ||||||
4 | fantasy sports operator from players located in this State, | ||||||
5 | divided by the total entry fees collected by an interactive | ||||||
6 | fantasy sports operator from all players in interactive fantasy | ||||||
7 | sports contests. | ||||||
8 | "Minor" means a person under the age of 21 years. | ||||||
9 | "Permitted sports event" means a professional sport or | ||||||
10 | athletic event or other competitive event. "Permitted sports | ||||||
11 | event" does not include a prohibited sports event. | ||||||
12 | "Prohibited sports event" means an amateur sport or | ||||||
13 | athletic event, a collegiate sport or athletic event, or a high | ||||||
14 | school sport or athletic event.
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15 | Section 15. Applicability. This Act and all rules adopted | ||||||
16 | under the authority of this Act shall apply only to interactive | ||||||
17 | fantasy sports contests for which an authorized player pays an | ||||||
18 | entry fee.
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19 | Section 20. Licensing. | ||||||
20 | (a) No interactive fantasy sports operator shall | ||||||
21 | administer, manage, or otherwise make available an interactive | ||||||
22 | fantasy sports platform to persons located in the State unless | ||||||
23 | licensed by the Board under this Act. | ||||||
24 | (b) A qualified person may apply to the Board for an |
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1 | interactive fantasy sports operator license to conduct | ||||||
2 | interactive fantasy sports contests as provided in this Act. | ||||||
3 | The application shall be made on forms provided by the Board. | ||||||
4 | The burden is upon each applicant to demonstrate suitability | ||||||
5 | for licensure. Each interactive fantasy sports operator shall | ||||||
6 | be licensed by the Board. The Board may issue a license for a | ||||||
7 | period of up to 2 years or, in the case of interactive fantasy | ||||||
8 | sports operators with annual interactive fantasy sports gross | ||||||
9 | revenues less than $100,000, for up to 3 years. | ||||||
10 | (c) Each person seeking and possessing a license as an | ||||||
11 | interactive fantasy sports operator shall submit to a | ||||||
12 | background investigation conducted by the Board with the | ||||||
13 | assistance of the State Police or other law enforcement. To the | ||||||
14 | extent that the corporate structure of the applicant allows, | ||||||
15 | the background investigation shall include any or all of the | ||||||
16 | following as the Board deems appropriate or as provided by | ||||||
17 | rule: (i) each beneficiary of a trust, (ii) each partner of a | ||||||
18 | partnership, (iii) each member of a limited liability company, | ||||||
19 | (iv) each director and officer of a publicly or non-publicly | ||||||
20 | held corporation, (v) each stockholder of a non-publicly held | ||||||
21 | corporation, (vi) each stockholder of 5% or more of a publicly | ||||||
22 | held corporation, or (vii) each stockholder of 5% or more in a | ||||||
23 | parent or subsidiary corporation. | ||||||
24 | (d) Each person seeking and possessing a license as an | ||||||
25 | interactive fantasy sports operator shall disclose the | ||||||
26 | identity of every person, association, trust, corporation, or |
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1 | limited liability company having a greater than 1% direct or | ||||||
2 | indirect pecuniary interest in the interactive fantasy sports | ||||||
3 | operator for which the license is sought. If the disclosed | ||||||
4 | entity is a trust, the application shall disclose the names and | ||||||
5 | addresses of the beneficiaries; if a corporation, the names and | ||||||
6 | addresses of all stockholders and directors; if a limited | ||||||
7 | liability company, the names and addresses of all members; or | ||||||
8 | if a partnership, the names and addresses of all partners, both | ||||||
9 | general and limited. | ||||||
10 | (e) All information, records, interviews, reports, | ||||||
11 | statements, memoranda, or other data supplied to or used by the | ||||||
12 | Board in the course of its review or investigation of an | ||||||
13 | application for a license or a renewal under this Act shall be | ||||||
14 | privileged and strictly confidential and shall be used only for | ||||||
15 | the purpose of evaluating an applicant for a license or a | ||||||
16 | renewal. The information, records, interviews, reports, | ||||||
17 | statements, memoranda, or other data shall not be admissible as | ||||||
18 | evidence nor discoverable in any action of any kind in any | ||||||
19 | court or before any tribunal, board, agency, or person, except | ||||||
20 | for any action deemed necessary by the Board. | ||||||
21 | (f) No person may be licensed as an interactive fantasy | ||||||
22 | sports operator if that person has been found by the Board to: | ||||||
23 | (1) have a background, including a criminal record, | ||||||
24 | reputation, habits, social or business associations, or | ||||||
25 | prior activities, that poses a threat to the public | ||||||
26 | interests of the State or to the security and integrity of |
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1 | interactive fantasy sports contests; | ||||||
2 | (2) create or enhance the dangers of unsuitable, | ||||||
3 | unfair, or illegal practices, methods, and activities in | ||||||
4 | the conduct of interactive fantasy sports contests; or | ||||||
5 | (3) present questionable business practices and | ||||||
6 | financial arrangements incidental to the conduct of | ||||||
7 | interactive fantasy sports contests. | ||||||
8 | (g) Any applicant for a license under this Act has the | ||||||
9 | burden of proving his or her qualifications to the satisfaction | ||||||
10 | of the Board. The Board may adopt rules to establish additional | ||||||
11 | qualifications and requirements to preserve the integrity and | ||||||
12 | security of interactive fantasy sports contests in this State. | ||||||
13 | (h) An interactive fantasy sports operator that has been | ||||||
14 | operating in Illinois for at least 6 months on December 23, | ||||||
15 | 2015 may operate in Illinois until a final decision is rendered | ||||||
16 | on the application for an interactive fantasy sports operator | ||||||
17 | license. | ||||||
18 | (i) The Board, by rule, shall establish a process for | ||||||
19 | license renewal. | ||||||
20 | (j) The Board shall publish a list of all interactive | ||||||
21 | fantasy sports operators licensed in this State under this | ||||||
22 | Section on the Board's website for public use.
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23 | Section 25. Operators; required safeguards; minimum | ||||||
24 | standards. | ||||||
25 | (a) As a condition of licensure in this State, each |
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1 | interactive fantasy sports operator shall implement and | ||||||
2 | maintain commercially reasonable measures to: | ||||||
3 | (1) limit each authorized player to one username and | ||||||
4 | one account and verify a fantasy sports player's true | ||||||
5 | identity; | ||||||
6 | (2) prohibit minors from participating in an | ||||||
7 | interactive fantasy sports contest, including: | ||||||
8 | (A) if the interactive fantasy sports operator | ||||||
9 | becomes or is made aware that a minor has participated | ||||||
10 | in one of its interactive fantasy sports contests, | ||||||
11 | promptly refund any deposit received from the minor, | ||||||
12 | whether or not the minor has engaged in or attempted to | ||||||
13 | engage in an interactive fantasy sports contest; | ||||||
14 | however, any refund may be offset by any prizes already | ||||||
15 | awarded; | ||||||
16 | (B) publishing and facilitating parental control | ||||||
17 | procedures to allow parents or guardians to exclude | ||||||
18 | minors from access to any interactive fantasy sports | ||||||
19 | contest or interactive fantasy sports platform; and | ||||||
20 | (C) taking appropriate steps to confirm that an | ||||||
21 | individual opening an account is not a minor; | ||||||
22 | (3) when referencing the likelihood of winning in | ||||||
23 | advertisements or upon interactive fantasy sports contest | ||||||
24 | entry, make clear and conspicuous statements that are not | ||||||
25 | inaccurate or misleading concerning the likelihood of | ||||||
26 | winning and the number of winners; |
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1 | (4) enable authorized players to restrict themselves | ||||||
2 | from interactive fantasy sports contests and take | ||||||
3 | reasonable steps to prevent these players from entering an | ||||||
4 | interactive fantasy sports contest from which they have | ||||||
5 | excluded themselves; these restrictions shall include, but | ||||||
6 | not be limited to: (A) interactive fantasy sports contest | ||||||
7 | entry limits, (B) limiting play to interactive fantasy | ||||||
8 | sports contest with entry fees below an established limit, | ||||||
9 | and (C) self-imposed deposit limits less than allowed under | ||||||
10 | this Act; interactive fantasy sports operators shall | ||||||
11 | implement and prominently publish procedures for fantasy | ||||||
12 | sports players to implement the restrictions; fantasy | ||||||
13 | sports players shall have the option to adjust these limits | ||||||
14 | to make them more restrictive of gameplay as often as they | ||||||
15 | like, but shall not have the option to make limits less | ||||||
16 | restrictive of gameplay within 90 days after setting the | ||||||
17 | limits; | ||||||
18 | (5) offer introductory procedures for authorized | ||||||
19 | players, that shall be prominently displayed on the | ||||||
20 | interactive fantasy sports operator's interactive fantasy | ||||||
21 | sports platform, that explain interactive fantasy sports | ||||||
22 | contest play and how to identify a highly experienced | ||||||
23 | player; | ||||||
24 | (6) identify all highly experienced players in an | ||||||
25 | interactive fantasy sports contest by a symbol attached to | ||||||
26 | the players' user names, or by other easily visible means, |
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1 | on all interactive fantasy sports platforms supported by an | ||||||
2 | interactive fantasy sports operator; | ||||||
3 | (7) disclose the number of entries a single authorized | ||||||
4 | player may submit to each interactive fantasy sports | ||||||
5 | contest; | ||||||
6 | (8) disclose the maximum number of total entries | ||||||
7 | allowed for each interactive fantasy sports contest; | ||||||
8 | (9) implement measures to comply with all applicable | ||||||
9 | State and federal requirements for data security, | ||||||
10 | including, but not limited to, age verification and | ||||||
11 | location software; | ||||||
12 | (10) offer all authorized players access to his or her | ||||||
13 | account history and account details; | ||||||
14 | (11) ensure funds in fantasy sports players' accounts | ||||||
15 | are held in segregated accounts by the interactive fantasy | ||||||
16 | sports operators for the fantasy sports players that | ||||||
17 | establish the accounts; interactive fantasy sports | ||||||
18 | operators shall implement and prominently publish | ||||||
19 | procedures that: | ||||||
20 | (A) prevent unauthorized withdrawals from fantasy | ||||||
21 | sports player accounts by interactive fantasy sports | ||||||
22 | operators or others; | ||||||
23 | (B) prevent commingling of funds in a fantasy | ||||||
24 | sports player's account with other funds, including, | ||||||
25 | without limitation, funds of the interactive fantasy | ||||||
26 | sports operator; fantasy sports player funds shall be |
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1 | segregated from interactive fantasy sports operators' | ||||||
2 | operational funds and any other funds held by the | ||||||
3 | interactive fantasy sports operator; and | ||||||
4 | (C) address reporting on complaints by fantasy | ||||||
5 | sports players that their accounts have been | ||||||
6 | misallocated, compromised, or otherwise mishandled; | ||||||
7 | (12) provide on the interactive fantasy sports | ||||||
8 | platform, in a prominent place, information concerning | ||||||
9 | assistance for compulsive play; | ||||||
10 | (13) prohibit the extension of credit from an | ||||||
11 | interactive fantasy sports operator to an authorized | ||||||
12 | player; | ||||||
13 | (14) develop policies to prevent the use of proxy | ||||||
14 | servers for the purpose of misrepresenting a player's | ||||||
15 | location in order to engage in interactive fantasy sports | ||||||
16 | contests; and | ||||||
17 | (15) prevent one fantasy sports player from acting as a | ||||||
18 | proxy for another. | ||||||
19 | (b) No interactive fantasy sports operator employee, | ||||||
20 | principal, officer, director, or contractor shall play any | ||||||
21 | interactive fantasy sports contest offered to the general | ||||||
22 | public or play in such contest through another person as a | ||||||
23 | proxy. For the purposes of this subsection (b), a contractor is | ||||||
24 | limited to a contractor who can access information of an | ||||||
25 | interactive fantasy sports operator related to the conduct of | ||||||
26 | an interactive fantasy sports contest that is not available to |
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1 | other fantasy sports players. Interactive fantasy sports | ||||||
2 | operators shall make these restrictions known to all affected | ||||||
3 | individuals and corporate entities. | ||||||
4 | (c) No interactive fantasy sports operator employee, | ||||||
5 | principal, officer, director, or contractor shall disclose | ||||||
6 | confidential information that may affect interactive fantasy | ||||||
7 | sports contest gameplay to any person permitted to engage in | ||||||
8 | interactive fantasy sports contest gameplay. Interactive | ||||||
9 | fantasy sports operators shall make these restrictions known to | ||||||
10 | all affected individuals and corporate entities. | ||||||
11 | (d) No interactive fantasy sports operator shall allow a | ||||||
12 | professional athlete whose individual statistics or | ||||||
13 | performance may be used to determine any part of the outcome of | ||||||
14 | any interactive fantasy sports contest to enter interactive | ||||||
15 | fantasy sports contests in the sports in which he or she | ||||||
16 | participates. An interactive fantasy sports operator shall | ||||||
17 | take commercially reasonable efforts to prevent a sports agent, | ||||||
18 | team employee, referee, or league official associated with any | ||||||
19 | competition that is the subject of interactive fantasy sports | ||||||
20 | contests to enter interactive fantasy sports contests in the | ||||||
21 | sport in which he or she participates, nor shall such athlete, | ||||||
22 | sports agent, team official, team representative, referee, or | ||||||
23 | league official play through another person as a proxy. | ||||||
24 | (1) Interactive fantasy sports operators shall take | ||||||
25 | commercially reasonable efforts to obtain lists of persons | ||||||
26 | described in this subsection (d) for the purpose of |
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1 | implementing this subsection (d). | ||||||
2 | (2) Interactive fantasy sports operators, upon | ||||||
3 | learning of a violation of this subsection (d), shall bar | ||||||
4 | the individual committing the violation from playing in any | ||||||
5 | interactive fantasy sports contest by suspending the | ||||||
6 | individual's account and banning the individual from | ||||||
7 | further play, shall terminate any existing promotional | ||||||
8 | agreements with the individual, and shall refuse to make | ||||||
9 | any new promotional agreements that compensate the | ||||||
10 | individual. | ||||||
11 | (3) Interactive fantasy sports operators shall make | ||||||
12 | these restrictions known to all affected individuals and | ||||||
13 | corporate entities. | ||||||
14 | (e) Each interactive fantasy sports operator shall: | ||||||
15 | (1) ensure the value of any prizes and awards offered | ||||||
16 | to authorized players are established and made known to the | ||||||
17 | players in advance of the interactive fantasy sports | ||||||
18 | contest; | ||||||
19 | (2) ensure all winning outcomes reflect the relative | ||||||
20 | knowledge and skill of the authorized players and are | ||||||
21 | determined predominantly by accumulated statistical | ||||||
22 | results of the performance of individuals in permitted | ||||||
23 | sports events; | ||||||
24 | (3) ensure no winning outcome is based on the score, | ||||||
25 | point spread, or performance of a single sports team, or a | ||||||
26 | combination of sports teams; |
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1 | (4) ensure no winning outcome is based solely on a | ||||||
2 | single performance of an individual athlete in a single | ||||||
3 | sport or athletic event; and | ||||||
4 | (5) ensure no interactive fantasy sports contest is | ||||||
5 | based on a prohibited sports event. | ||||||
6 | (f) Interactive fantasy sports operators shall implement | ||||||
7 | and prominently publish procedures that allow any fantasy | ||||||
8 | sports player to permanently close an account at any time and | ||||||
9 | for any reason. The procedures shall allow for cancellation by | ||||||
10 | any means, including, without limitation, by a fantasy sports | ||||||
11 | player on any interactive fantasy sports contest used by that | ||||||
12 | fantasy sports player to make deposits into a fantasy sports | ||||||
13 | player account. A copy of an interactive fantasy sports | ||||||
14 | operator's procedures shall be submitted to the Board and any | ||||||
15 | changes shall be submitted within 30 days. | ||||||
16 | (g) When a fantasy sports player account is closed, the | ||||||
17 | interactive fantasy sports operator shall refund all funds in | ||||||
18 | the account no later than 5 business days after submission of | ||||||
19 | the request or 10 business days after submission of any tax | ||||||
20 | reporting information required by law, whichever is later, | ||||||
21 | unless the interactive fantasy sports operator makes a good | ||||||
22 | faith determination that the fantasy sports player engaged in | ||||||
23 | fraudulent or other conduct that would constitute a violation | ||||||
24 | of this Act, rules adopted pursuant to this Act, or the | ||||||
25 | interactive fantasy sports operator's policies, in which case, | ||||||
26 | upon notice to the fantasy sports player of that determination, |
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1 | the withdrawal may be held pending a reasonable investigative | ||||||
2 | period to resolve its investigation. For the purposes of this | ||||||
3 | subsection (g), a request for withdrawal shall be considered | ||||||
4 | honored if it is processed by the interactive fantasy sports | ||||||
5 | operator, but delayed by a payment processor, a credit card | ||||||
6 | issuer, or the custodian of the financial account. | ||||||
7 | (h) If a prize is awarded to a fantasy sports player with a | ||||||
8 | closed account, that prize, to the extent it consists of funds, | ||||||
9 | shall be distributed by the interactive fantasy sports operator | ||||||
10 | within 5 business days, or 10 business days of submission of | ||||||
11 | any tax reporting information required by law, unless the | ||||||
12 | interactive fantasy sports operator makes a good faith | ||||||
13 | determination that the fantasy sports player engaged in | ||||||
14 | fraudulent or other conduct that would constitute a violation | ||||||
15 | of this Act or rules adopted pursuant to this Act. If such | ||||||
16 | determination is made, then the prize may be withheld, provided | ||||||
17 | that it is then awarded to another fantasy sports player in the | ||||||
18 | same interactive fantasy sports contest who would have won the | ||||||
19 | prize had the fantasy sports player with the closed account not | ||||||
20 | participated. | ||||||
21 | (i) An interactive fantasy sports operator shall | ||||||
22 | prominently publish all contractual terms and conditions and | ||||||
23 | rules of general applicability that affect a fantasy sports | ||||||
24 | player's account. Presentation of such terms, conditions, and | ||||||
25 | rules at the time of on boarding a new fantasy sports player | ||||||
26 | shall not suffice. |
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1 | (j) Interactive fantasy sports operators shall have | ||||||
2 | prominently published rules that govern when each interactive | ||||||
3 | fantasy sports contest shall close or lock. Each interactive | ||||||
4 | fantasy sports contest operator shall also prominently | ||||||
5 | disclose contest-specific information about the time that the | ||||||
6 | interactive fantasy sports contest closes or locks in | ||||||
7 | connection with each interactive fantasy sports contest | ||||||
8 | offered. An interactive fantasy sports operator shall strictly | ||||||
9 | enforce all disclosed closing or lock times. | ||||||
10 | (k) Fantasy sports player's deposits shall be limited to no | ||||||
11 | more than $1,000 per month. However, an interactive fantasy | ||||||
12 | sports operator may establish and prominently publish | ||||||
13 | procedures for temporarily or permanently increasing a fantasy | ||||||
14 | sports player's deposit limit, at the request of the fantasy | ||||||
15 | sports player, above $1,000 per month. Such procedures shall be | ||||||
16 | submitted to the Board. | ||||||
17 | If established by an interactive fantasy sports operator, | ||||||
18 | such procedures shall include evaluation of information, | ||||||
19 | including income or asset information, sufficient to establish | ||||||
20 | that the fantasy sports player can afford losses that might | ||||||
21 | result from gameplay at the deposit limit level requested. | ||||||
22 | When a temporary or permanent deposit level limit increase | ||||||
23 | is approved, the interactive fantasy sports operator's | ||||||
24 | procedures shall provide for annual re-certification of a | ||||||
25 | player's financial ability to afford losses. | ||||||
26 | (l) The following entry limits apply: |
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1 | (1) interactive fantasy sports operators shall not | ||||||
2 | allow players to submit more than one entry in an | ||||||
3 | interactive fantasy sports contest involving 12 entries or | ||||||
4 | fewer; | ||||||
5 | (2) interactive fantasy sports operators shall not | ||||||
6 | allow players to submit more than 2 entries in an | ||||||
7 | interactive fantasy sports contest involving more than 13 | ||||||
8 | entries but fewer than 36 entries; | ||||||
9 | (3) interactive fantasy sports operators shall not | ||||||
10 | allow players to submit more than 3 entries in an | ||||||
11 | interactive fantasy sports contest involving 36 or more | ||||||
12 | entries but fewer than 101 entries; and | ||||||
13 | (4) interactive fantasy sports operators shall not | ||||||
14 | allow fantasy sports players to submit more than 3% of all | ||||||
15 | entries in an interactive fantasy sports contest involving | ||||||
16 | 101 or more entries. | ||||||
17 | An interactive fantasy sports operator may establish | ||||||
18 | interactive fantasy sports contests, representing less | ||||||
19 | than 2% of the total number of interactive fantasy sports | ||||||
20 | contests that the interactive fantasy sports operator | ||||||
21 | offers, in which there is no restriction on the number of | ||||||
22 | entries, provided that (i) the interactive fantasy sports | ||||||
23 | operator clearly discloses that there are no limits on the | ||||||
24 | number of entries by each player in the interactive fantasy | ||||||
25 | sports contest and (ii) that the cost of participating in | ||||||
26 | the interactive fantasy sports contest is $50 or more per |
| |||||||
| |||||||
1 | entry. | ||||||
2 | (m) Interactive fantasy sports operators shall not offer an | ||||||
3 | interactive fantasy sports contest based on a prohibited sports | ||||||
4 | event. | ||||||
5 | (n) An interactive fantasy sports operator shall not | ||||||
6 | participate in an interactive fantasy sports contest offered by | ||||||
7 | the interactive fantasy sports operator. | ||||||
8 | (o) An interactive fantasy sports operator shall not permit | ||||||
9 | unauthorized scripts to be used on interactive fantasy sports | ||||||
10 | platforms and shall use commercially reasonable efforts to | ||||||
11 | monitor for and to prevent use of such scripts. | ||||||
12 | (p) Interactive fantasy sports operators shall develop and | ||||||
13 | prominently display procedures on the interactive fantasy | ||||||
14 | sports operator's interactive fantasy sports platform for the | ||||||
15 | filing of a complaint by the authorized player against the | ||||||
16 | interactive fantasy sports operator. The interactive fantasy | ||||||
17 | sports operator shall give an initial response to the player | ||||||
18 | within 48 hours after the player files the complaint. The | ||||||
19 | interactive fantasy sports operator shall give a complete | ||||||
20 | response to the player filing the complaint within 10 business | ||||||
21 | days after the initial response is issued. An authorized player | ||||||
22 | may file a complaint alleging a violation of the provisions of | ||||||
23 | this Act with the Board. | ||||||
24 | (q) An interactive fantasy sports operator shall close any | ||||||
25 | fantasy player account that is inactive for 2 years and notify | ||||||
26 | the account holder that the account has been closed by email to |
| |||||||
| |||||||
1 | the account holder's last known email address. When a fantasy | ||||||
2 | sports player account is closed due to inactivity, the | ||||||
3 | interactive fantasy sports operator shall take commercially | ||||||
4 | reasonable steps to refund all funds in the fantasy sports | ||||||
5 | player account within 30 days, subject to the receipt of any | ||||||
6 | tax information required by law. In the event that funds in a | ||||||
7 | closed fantasy sports player account exceed $5 and cannot be | ||||||
8 | refunded and remain unclaimed, the interactive fantasy sports | ||||||
9 | operator shall provide notice of the existence of funds to the | ||||||
10 | fantasy sports player. Such notice shall be provided by email | ||||||
11 | to the account holder's last known email address. In the event | ||||||
12 | that funds in a closed fantasy sports player account cannot be | ||||||
13 | refunded and remain unclaimed by the fantasy sports player | ||||||
14 | after 3 years, such funds shall be paid by the interactive | ||||||
15 | fantasy sports operator to the Unclaimed Property Trust Fund in | ||||||
16 | the Office of the State Treasurer. The interactive fantasy | ||||||
17 | sports operator shall provide notice to the fantasy sports | ||||||
18 | player's email address at least 60 days prior to paying the | ||||||
19 | funds to the Unclaimed Property Trust Fund. | ||||||
20 | (r) Interactive fantasy sports operators shall develop | ||||||
21 | games that are limited to beginner fantasy sports players and | ||||||
22 | shall prohibit individuals who are not beginner fantasy sports | ||||||
23 | players from participating in those games either directly or | ||||||
24 | through another person as a proxy. An interactive fantasy | ||||||
25 | sports operator shall suspend the account of an individual who | ||||||
26 | is not a beginner fantasy sports player and who enters a game |
| |||||||
| |||||||
1 | limited to beginner fantasy sports players and shall ban the | ||||||
2 | player from future play. | ||||||
3 | (s) All interactive fantasy sports operators shall develop | ||||||
4 | games in which highly experienced fantasy sports players cannot | ||||||
5 | participate either directly or through another person as a | ||||||
6 | proxy. An interactive fantasy sports operator shall suspend the | ||||||
7 | account of a highly experienced fantasy sports player who | ||||||
8 | enters a game that excludes highly experienced fantasy sports | ||||||
9 | players directly or through another person as a proxy and shall | ||||||
10 | ban the individual from future play.
| ||||||
11 | Section 30. Multiple interactive fantasy sports platforms; | ||||||
12 | interactive fantasy sports contests. A licensee may use | ||||||
13 | multiple interactive fantasy sports platforms and offer | ||||||
14 | multiple types of interactive fantasy sports contests.
| ||||||
15 | Section 35. Advertising. | ||||||
16 | (a) Advertisements of interactive fantasy sports operators | ||||||
17 | shall not feature: (1) minors (other than professional athletes | ||||||
18 | who may be minors), (2) students, (3) schools, colleges, or | ||||||
19 | universities, or (4) school, college, or university settings. | ||||||
20 | However, incidental depiction of non-featured minors or minors | ||||||
21 | accompanying adults shall not be a violation of this subsection | ||||||
22 | (a). | ||||||
23 | (b) Interactive fantasy sports operators shall not | ||||||
24 | advertise on school, college, or university campuses. |
| |||||||
| |||||||
1 | (c) Interactive fantasy sports operators shall not | ||||||
2 | advertise at amateur athletic competitions, except to the | ||||||
3 | extent that those competitions are played in stadiums where | ||||||
4 | professional competitions are held and where non-digital | ||||||
5 | advertisements have been posted, erected, or otherwise | ||||||
6 | displayed in a manner that would require substantial effort to | ||||||
7 | remove.
| ||||||
8 | Section 40. Powers and duties of the Board. | ||||||
9 | (a) The Board has jurisdiction over and shall supervise all | ||||||
10 | interactive fantasy sports contests governed by this Act. The | ||||||
11 | Board has all powers and duties necessary and proper to fully | ||||||
12 | and exclusively execute the provisions of the Act, including, | ||||||
13 | but not limited to, the following: | ||||||
14 | (1) To investigate applicants and determine the | ||||||
15 | eligibility of applicants that best serve the interests of | ||||||
16 | the citizens of Illinois. | ||||||
17 | (2) To provide for the establishment and collection of | ||||||
18 | all fees, fines, and taxes imposed by this Act and the | ||||||
19 | rules adopted under this Act. | ||||||
20 | (3) To suspend, revoke, or restrict licenses; to | ||||||
21 | require the removal of an interactive fantasy sports | ||||||
22 | operator or an employee of an interactive fantasy sports | ||||||
23 | operator for a violation of this Act; and to impose civil | ||||||
24 | penalties of an amount up to $5,000 against individuals and | ||||||
25 | $10,000 against licensees for each violation of the |
| |||||||
| |||||||
1 | provisions of this Act. | ||||||
2 | (4) To approve and deny applications for licensure to | ||||||
3 | conduct interactive fantasy sports contests in this State, | ||||||
4 | and to suspend, refuse or renew, or revoke a license issued | ||||||
5 | under this Act. | ||||||
6 | (5) To accept and investigate complaints of any kind | ||||||
7 | from an authorized player and attempt to mediate the | ||||||
8 | complaints where appropriate. | ||||||
9 | (6) To investigate alleged violations of this Act. | ||||||
10 | (7) To initiate proper enforcement proceedings where | ||||||
11 | such action is deemed by the Board to be necessary or | ||||||
12 | appropriate. | ||||||
13 | (8) To exercise all powers and duties assigned by this | ||||||
14 | Act. | ||||||
15 | (b) The Board shall adopt rules to implement the provisions | ||||||
16 | of and effectuate the policy and objectives of this Act as the | ||||||
17 | Board may deem necessary or advisable, including, but not | ||||||
18 | limited to, the development of the initial form of the | ||||||
19 | application for licensure. These rules shall include, but not | ||||||
20 | be limited to, responsible protections with regard to | ||||||
21 | compulsive play and safeguards for fair play. The Board shall | ||||||
22 | not adopt rules limiting or regulating: | ||||||
23 | (1) the rules or the administration of an individual | ||||||
24 | interactive fantasy sports contest; | ||||||
25 | (2) the statistical makeup of an interactive fantasy | ||||||
26 | sports contest; or |
| |||||||
| |||||||
1 | (3) the digital interactive fantasy sports platform of | ||||||
2 | an interactive fantasy sports operator. | ||||||
3 | (c) The Board shall adopt emergency rules to administer | ||||||
4 | this Act in accordance with Section 5-45 of the Illinois | ||||||
5 | Administrative Procedure Act. For the purposes of the Illinois | ||||||
6 | Administrative Procedure Act, the General Assembly finds that | ||||||
7 | the adoption of rules to implement this Act is deemed an | ||||||
8 | emergency and necessary for the public interest, safety, and | ||||||
9 | welfare.
| ||||||
10 | Section 45. Annual report. | ||||||
11 | (a) Each licensee shall annually submit a report to the | ||||||
12 | Board by no later than June 30 of each year that shall include | ||||||
13 | the following information as it applies to accounts held by | ||||||
14 | authorized players located in this State: | ||||||
15 | (1) the number of accounts held by authorized players | ||||||
16 | on all interactive fantasy sports platforms offered by the | ||||||
17 | interactive fantasy sports operator and the number of | ||||||
18 | accounts held by highly experienced players on all | ||||||
19 | interactive fantasy sports platforms offered by the | ||||||
20 | interactive fantasy sports operator; | ||||||
21 | (2) the total number of new accounts established in the | ||||||
22 | preceding year as well as the total number of accounts | ||||||
23 | permanently closed in the preceding year; | ||||||
24 | (3) the total amount of entry fees received from | ||||||
25 | authorized players; |
| |||||||
| |||||||
1 | (4) the total amount of prizes awarded to authorized | ||||||
2 | players; | ||||||
3 | (5) the total amount of interactive fantasy sports | ||||||
4 | gross revenue received by the licensee; and | ||||||
5 | (6) the total number of authorized players that | ||||||
6 | requested to exclude themselves from interactive fantasy | ||||||
7 | sports contests. | ||||||
8 | (b) The Board shall annually publish a report based on the | ||||||
9 | aggregate information provided by all interactive fantasy | ||||||
10 | sports operators in accordance with this Section, that shall be | ||||||
11 | published on the Board's website no later than 180 days after | ||||||
12 | the deadline for the submission of individual reports as | ||||||
13 | specified in this Section.
| ||||||
14 | Section 50. State tax. | ||||||
15 | (a) A privilege tax is imposed on persons engaged in the | ||||||
16 | business of operating an interactive fantasy sports contest in | ||||||
17 | this State. For the privilege of conducting interactive fantasy | ||||||
18 | sports contests in the State, interactive fantasy sports | ||||||
19 | operators shall pay a tax at the following graduated rates: | ||||||
20 | (1) 5% of annual interactive fantasy sports gross | ||||||
21 | revenue up to and including $1,000,000; | ||||||
22 | (2) 7.5% of annual interactive fantasy sports gross | ||||||
23 | revenue in excess of $1,000,000 but not exceeding | ||||||
24 | $3,000,000; | ||||||
25 | (3) 10% of annual interactive fantasy sports gross |
| |||||||
| |||||||
1 | revenue in excess of $3,000,000 but not exceeding | ||||||
2 | $8,000,000; | ||||||
3 | (4) 15% of annual interactive fantasy sports gross | ||||||
4 | revenue in excess of $8,000,000. | ||||||
5 | (b) The tax imposed by this Section shall be paid by the | ||||||
6 | interactive fantasy sports operator to the Board not later than | ||||||
7 | the 15th day of every month for the previous month's privilege | ||||||
8 | taxes.
| ||||||
9 | Section 55. Disposition of taxes. The Board shall deposit | ||||||
10 | all taxes imposed by this Act, any interest and penalties | ||||||
11 | imposed by the Board relating to those taxes, all penalties | ||||||
12 | levied and collected by the Board, and the appropriate funds, | ||||||
13 | cash, or prizes forfeited from interactive fantasy sports | ||||||
14 | contests into the Mental Health Services Fund.
| ||||||
15 | Section 60. Audits. All interactive fantasy sports | ||||||
16 | operators with annual interactive fantasy sports contest gross | ||||||
17 | revenue of $100,000 or more shall annually be subject to an | ||||||
18 | audit of the financial transactions and condition of the | ||||||
19 | interactive fantasy sports operator's total operations as they | ||||||
20 | relate to the offering and operating of interactive fantasy | ||||||
21 | sports contests and to ensure compliance with all of the | ||||||
22 | requirements in this Act. Interactive fantasy sports operators | ||||||
23 | with annual interactive fantasy sports contest gross revenues | ||||||
24 | less than $100,000 shall every 3 years be subject to an audit |
| |||||||
| |||||||
1 | of the financial transactions and condition of the interactive | ||||||
2 | fantasy sports operator's total operations as they relate to | ||||||
3 | the offering and operating of interactive fantasy sports | ||||||
4 | contests and to ensure compliance with all of the requirements | ||||||
5 | in this Act. All audits and compliance engagements shall be | ||||||
6 | conducted by certified public accountants or an independent | ||||||
7 | testing laboratory approved by the Board. The compensation for | ||||||
8 | each certified public accountant or independent testing | ||||||
9 | laboratory shall be paid directly by the interactive fantasy | ||||||
10 | sports operator to the certified public accountant or | ||||||
11 | independent testing laboratory. The audit shall be conducted | ||||||
12 | and submitted to the Board by June 30 of each year.
| ||||||
13 | Section 65. Limitation on the taxation of interactive | ||||||
14 | fantasy sports operators. Interactive fantasy sports operators | ||||||
15 | shall not be subjected to an excise tax, license tax, permit | ||||||
16 | tax, privilege tax, amusement tax, or occupation tax that is | ||||||
17 | imposed upon the licensee by the State or any political | ||||||
18 | subdivision thereof, except as provided in this Act.
| ||||||
19 | Section 70. Application fees; license fees. | ||||||
20 | (a) A non-refundable application fee shall be paid at the | ||||||
21 | time an application for licensure is filed with the Board in | ||||||
22 | the following amounts: | ||||||
23 | (1) Interactive fantasy sports operators with annual | ||||||
24 | interactive fantasy sports gross revenue greater than |
| |||||||
| |||||||
1 | $10,000,000 ......................................... $25,000 | ||||||
2 | (2) Interactive fantasy sports operators with annual | ||||||
3 | interactive fantasy sports gross revenue greater than | ||||||
4 | $5,000,000 but not more than $10,000,000 ............ $12,500 | ||||||
5 | (3) Interactive fantasy sports operators with annual | ||||||
6 | interactive fantasy sports gross revenue greater than | ||||||
7 | $1,000,000 but not more than $5,000,000 .............. $7,500 | ||||||
8 | (4) Interactive fantasy sports operators with annual | ||||||
9 | interactive fantasy sports gross revenue of at least | ||||||
10 | $100,000 but not more than $1,000,000 ................ $5,000 | ||||||
11 | (5) Interactive fantasy sports operators with annual | ||||||
12 | interactive fantasy sports gross revenue less than | ||||||
13 | $100,000 ............................................... $500 | ||||||
14 | (b) The Board shall establish a fee for each license not to | ||||||
15 | exceed the following for the initial licensure period: | ||||||
16 | (1) Interactive fantasy sports operators with annual | ||||||
17 | interactive fantasy sports gross revenue greater than | ||||||
18 | $10,000,000 ......................................... $50,000 | ||||||
19 | (2) Interactive fantasy sports operators with annual | ||||||
20 | interactive fantasy sports gross revenue greater than | ||||||
21 | $5,000,000 but not more than $10,000,000 ............ $25,000 | ||||||
22 | (3) Interactive fantasy sports operators with annual | ||||||
23 | interactive fantasy sports gross revenue greater than | ||||||
24 | $1,000,000 but not more than $5,000,000 ..............$15,000 | ||||||
25 | (4) Interactive fantasy sports operators with annual | ||||||
26 | interactive fantasy sports gross revenue of at least |
| |||||||
| |||||||
1 | $100,000 but not more than $1,000,000 ............... $10,000 | ||||||
2 | (5) Interactive fantasy sports operators with annual | ||||||
3 | interactive fantasy sports gross revenue less than | ||||||
4 | $100,000 ............................................. $1,500 | ||||||
5 | (c) For subsequent licensure periods, the renewal fee shall | ||||||
6 | not exceed the following: | ||||||
7 | (1) Interactive fantasy sports operators with annual | ||||||
8 | interactive fantasy sports gross revenue greater than | ||||||
9 | $10,000,000 ......................................... $37,500 | ||||||
10 | (2) Interactive fantasy sports operators with annual | ||||||
11 | interactive fantasy sports gross revenue greater than | ||||||
12 | $5,000,000 but not more than $10,000,000 ............ $18,750 | ||||||
13 | (3) Interactive fantasy sports operators with annual | ||||||
14 | interactive fantasy sports gross revenue greater than | ||||||
15 | $1,000,000 but not more than $5,000,000 ............. $11,250 | ||||||
16 | (4) Interactive fantasy sports operators with annual | ||||||
17 | interactive fantasy sports gross revenue of at least | ||||||
18 | $100,000 but not more than $1,000,000 .................$7,500 | ||||||
19 | (5) Interactive fantasy sports operators with annual | ||||||
20 | interactive fantasy sports gross revenue less than | ||||||
21 | $100,000 ............................................. $1,125 | ||||||
22 | (d) All fees collected under this Section shall be | ||||||
23 | deposited into the State Gaming Fund. | ||||||
24 | (e) All fees collected under this Section shall be used for | ||||||
25 | the administration of this Act.
|
| |||||||
| |||||||
1 | Section 75. Interactive fantasy sports contests | ||||||
2 | authorized. Interactive fantasy sports contests conducted in | ||||||
3 | accordance with the provisions of this Act are hereby | ||||||
4 | authorized.
| ||||||
5 | Section 80. Interactive fantasy sports contests | ||||||
6 | prohibited. The conduct of interactive fantasy sports contests | ||||||
7 | by unlicensed operators is prohibited.
| ||||||
8 | Section 85. Interactive fantasy sports contests; Criminal | ||||||
9 | Code of 2012. Interactive fantasy sports contests offered in | ||||||
10 | accordance with the provisions of this Act shall not constitute | ||||||
11 | gambling as defined in Section 28-1 of the Criminal Code of | ||||||
12 | 2012.
| ||||||
13 | Section 900. Repeal. This Act is repealed on January 1, | ||||||
14 | 2021.
| ||||||
15 | Section 905. The Department of Healthcare and Family | ||||||
16 | Services Law of the
Civil Administrative Code of Illinois is | ||||||
17 | amended by adding Section 2205-17 as follows:
| ||||||
18 | (20 ILCS 2205/2205-17 new) | ||||||
19 | Sec. 2205-17. The Mental Health Services Fund. The Mental | ||||||
20 | Health Services Fund is created as a special fund in the State | ||||||
21 | treasury. From appropriations to the Department of Healthcare |
| |||||||
| |||||||
1 | and Family Services from the Fund, the Department of Healthcare | ||||||
2 | and Family Services shall make grants to support mental health | ||||||
3 | and addiction services in the State. Any federal Medicaid | ||||||
4 | matching funds received by the Department of Healthcare and | ||||||
5 | Family Services for the grants made under this Section shall be | ||||||
6 | deposited into the Fund.
| ||||||
7 | Section 910. The State Finance Act is amended by adding | ||||||
8 | Section 5.878 as follows:
| ||||||
9 | (30 ILCS 105/5.878 new) | ||||||
10 | Sec. 5.878. The Mental Health Services Fund.
| ||||||
11 | Section 950. The Criminal Code of 2012 is amended by | ||||||
12 | changing Section 28-1 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, |
| |||||||
| |||||||
1 | exhibits, rents, sells,
bargains for the sale or lease of, | ||||||
2 | manufactures or distributes any
gambling device;
| ||||||
3 | (4) contracts to have or give himself or herself or | ||||||
4 | another the option to buy
or sell, or contracts to buy or | ||||||
5 | sell, at a future time, any grain or
other commodity | ||||||
6 | whatsoever, or any stock or security of any company,
where | ||||||
7 | it is at the time of making such contract intended by both | ||||||
8 | parties
thereto that the contract to buy or sell, or the | ||||||
9 | option, whenever
exercised, or the contract resulting | ||||||
10 | therefrom, shall be settled, not by
the receipt or delivery | ||||||
11 | of such property, but by the payment only of
differences in | ||||||
12 | prices thereof; however, the issuance, purchase, sale,
| ||||||
13 | exercise, endorsement or guarantee, by or through a person | ||||||
14 | registered
with the Secretary of State pursuant to Section | ||||||
15 | 8 of the Illinois
Securities Law of 1953, or by or through | ||||||
16 | a person exempt from such
registration under said Section | ||||||
17 | 8, of a put, call, or other option to
buy or sell | ||||||
18 | securities which have been registered with the Secretary of
| ||||||
19 | State or which are exempt from such registration under | ||||||
20 | Section 3 of the
Illinois Securities Law of 1953 is not | ||||||
21 | gambling within the meaning of
this paragraph (4);
| ||||||
22 | (5) knowingly owns or possesses any book, instrument or | ||||||
23 | apparatus by
means of which bets or wagers have been, or | ||||||
24 | are, recorded or registered,
or knowingly possesses any | ||||||
25 | money which he has received in the course of
a bet or | ||||||
26 | wager;
|
| |||||||
| |||||||
1 | (6) knowingly sells pools upon the result of any game | ||||||
2 | or contest of skill or
chance, political nomination, | ||||||
3 | appointment or election;
| ||||||
4 | (7) knowingly sets up or promotes any lottery or sells, | ||||||
5 | offers to sell or
transfers any ticket or share for any | ||||||
6 | lottery;
| ||||||
7 | (8) knowingly sets up or promotes any policy game or | ||||||
8 | sells, offers to sell or
knowingly possesses or transfers | ||||||
9 | any policy ticket, slip, record,
document or other similar | ||||||
10 | device;
| ||||||
11 | (9) knowingly drafts, prints or publishes any lottery | ||||||
12 | ticket or share,
or any policy ticket, slip, record, | ||||||
13 | document or similar device, except for
such activity | ||||||
14 | related to lotteries, bingo games and raffles authorized by
| ||||||
15 | and conducted in accordance with the laws of Illinois or | ||||||
16 | any other state or
foreign government;
| ||||||
17 | (10) knowingly advertises any lottery or policy game, | ||||||
18 | except for such
activity related to lotteries, bingo games | ||||||
19 | and raffles authorized by and
conducted in accordance with | ||||||
20 | the laws of Illinois or any other state;
| ||||||
21 | (11) knowingly transmits information as to wagers, | ||||||
22 | betting odds, or
changes in betting odds by telephone, | ||||||
23 | telegraph, radio, semaphore or
similar means; or knowingly | ||||||
24 | installs or maintains equipment for the
transmission or | ||||||
25 | receipt of such information; except that nothing in this
| ||||||
26 | subdivision (11) prohibits transmission or receipt of such |
| |||||||
| |||||||
1 | information
for use in news reporting of sporting events or | ||||||
2 | contests; or
| ||||||
3 | (12) knowingly establishes, maintains, or operates an | ||||||
4 | Internet site that
permits a person to play a game of
| ||||||
5 | chance or skill for money or other thing of value by means | ||||||
6 | of the Internet or
to make a wager upon the
result of any | ||||||
7 | game, contest, political nomination, appointment, or
| ||||||
8 | election by means of the Internet. This item (12) does not | ||||||
9 | apply to activities referenced in items (6) , and (6.1) , or | ||||||
10 | (15) of subsection (b) of this Section.
| ||||||
11 | (b) Participants in any of the following activities shall | ||||||
12 | not be
convicted of gambling:
| ||||||
13 | (1) Agreements to compensate for loss caused by the | ||||||
14 | happening of
chance including without limitation contracts | ||||||
15 | of indemnity or guaranty
and life or health or accident | ||||||
16 | insurance.
| ||||||
17 | (2) Offers of prizes, award or compensation to the | ||||||
18 | actual
contestants in any bona fide contest for the | ||||||
19 | determination of skill,
speed, strength or endurance or to | ||||||
20 | the owners of animals or vehicles
entered in such contest.
| ||||||
21 | (3) Pari-mutuel betting as authorized by the law of | ||||||
22 | this State.
| ||||||
23 | (4) Manufacture of gambling devices, including the | ||||||
24 | acquisition of
essential parts therefor and the assembly | ||||||
25 | thereof, for transportation in
interstate or foreign | ||||||
26 | commerce to any place outside this State when such
|
| |||||||
| |||||||
1 | transportation is not prohibited by any applicable Federal | ||||||
2 | law; or the
manufacture, distribution, or possession of | ||||||
3 | video gaming terminals, as
defined in the Video Gaming Act, | ||||||
4 | by manufacturers, distributors, and
terminal operators | ||||||
5 | licensed to do so under the Video Gaming Act.
| ||||||
6 | (5) The game commonly known as "bingo", when conducted | ||||||
7 | in accordance
with the Bingo License and Tax Act.
| ||||||
8 | (6) Lotteries when conducted by the State of Illinois | ||||||
9 | in accordance
with the Illinois Lottery Law. This exemption | ||||||
10 | includes any activity conducted by the Department of | ||||||
11 | Revenue to sell lottery tickets pursuant to the provisions | ||||||
12 | of the Illinois Lottery Law and its rules.
| ||||||
13 | (6.1) The purchase of lottery tickets through the | ||||||
14 | Internet for a lottery conducted by the State of Illinois | ||||||
15 | under the program established in Section 7.12 of the | ||||||
16 | Illinois Lottery Law.
| ||||||
17 | (7) Possession of an antique slot machine that is | ||||||
18 | neither used nor
intended to be used in the operation or | ||||||
19 | promotion of any unlawful
gambling activity or enterprise. | ||||||
20 | For the purpose of this subparagraph
(b)(7), an antique | ||||||
21 | slot machine is one manufactured 25 years ago or earlier.
| ||||||
22 | (8) Raffles and poker runs when conducted in accordance | ||||||
23 | with the Raffles and Poker Runs Act.
| ||||||
24 | (9) Charitable games when conducted in accordance with | ||||||
25 | the Charitable
Games Act.
| ||||||
26 | (10) Pull tabs and jar games when conducted under the |
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1 | Illinois Pull
Tabs and Jar Games Act.
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2 | (11) Gambling games conducted on riverboats when
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3 | authorized by the Riverboat Gambling Act.
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4 | (12) Video gaming terminal games at a licensed | ||||||
5 | establishment, licensed truck stop establishment,
licensed
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6 | fraternal establishment, or licensed veterans | ||||||
7 | establishment when
conducted in accordance with the Video | ||||||
8 | Gaming Act. | ||||||
9 | (13) Games of skill or chance where money or other | ||||||
10 | things of value can be won but no payment or purchase is | ||||||
11 | required to participate. | ||||||
12 | (14) Savings promotion raffles authorized under | ||||||
13 | Section 5g of the Illinois Banking Act, Section 7008 of the | ||||||
14 | Savings Bank Act, Section 42.7 of the Illinois Credit Union | ||||||
15 | Act, Section 5136B of the National Bank Act (12 U.S.C. | ||||||
16 | 25a), or Section 4 of the Home Owners' Loan Act (12 U.S.C. | ||||||
17 | 1463). | ||||||
18 | (15) Interactive fantasy sports contests and | ||||||
19 | participation in interactive fantasy sports contests | ||||||
20 | authorized under the Fantasy Sports Contest Act. | ||||||
21 | (c) Sentence.
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22 | Gambling is a
Class A misdemeanor. A second or
subsequent | ||||||
23 | conviction under subsections (a)(3) through (a)(12),
is a Class | ||||||
24 | 4 felony.
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25 | (d) Circumstantial evidence.
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26 | In prosecutions under
this
Section circumstantial evidence |
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1 | shall have the same validity and weight as
in any criminal | ||||||
2 | prosecution.
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3 | (Source: P.A. 98-644, eff. 6-10-14; 99-149, eff. 1-1-16 .)".
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