103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2320 Introduced , by Rep. Jonathan Carroll SYNOPSIS AS INTRODUCED: New Act5 ILCS 100/5-45.35 new Creates the Internet Gaming Act. Authorizes a casino or racetrack to offer Internet gaming or contract with a platform to offer Internet gaming, as regulated by the Illinois Gaming Board. Provides the requirements for Internet gaming platforms, Internet wagering accounts, and licenses issued under the Act. Includes provisions for age verification, location of wagering, responsible gaming, diversity goals in procurement and spending by Internet gaming licensees, the applicability of the Illinois Gambling Act and the Uniform Penalty and Interest Act, acceptance of out-of-state wagers, and limitations on home rule units. Provides that a 12% privilege tax is imposed on Internet gaming to be deposited into the State Gaming Fund. Provides that certain tax revenue from Internet gaming shall be paid to the Department of Human Services for the administration of programs to treat problem gambling, the Pension Stabilization Fund, and the Education Assistance Fund. Authorizes the adoption of emergency rules to implement the Act and makes conforming changes in the Illinois Administrative Procedure Act. Effective immediately. LRB103 30104 AMQ 56528 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2320 Introduced , by Rep. Jonathan Carroll SYNOPSIS AS INTRODUCED: New Act5 ILCS 100/5-45.35 new New Act 5 ILCS 100/5-45.35 new Creates the Internet Gaming Act. Authorizes a casino or racetrack to offer Internet gaming or contract with a platform to offer Internet gaming, as regulated by the Illinois Gaming Board. Provides the requirements for Internet gaming platforms, Internet wagering accounts, and licenses issued under the Act. Includes provisions for age verification, location of wagering, responsible gaming, diversity goals in procurement and spending by Internet gaming licensees, the applicability of the Illinois Gambling Act and the Uniform Penalty and Interest Act, acceptance of out-of-state wagers, and limitations on home rule units. Provides that a 12% privilege tax is imposed on Internet gaming to be deposited into the State Gaming Fund. Provides that certain tax revenue from Internet gaming shall be paid to the Department of Human Services for the administration of programs to treat problem gambling, the Pension Stabilization Fund, and the Education Assistance Fund. Authorizes the adoption of emergency rules to implement the Act and makes conforming changes in the Illinois Administrative Procedure Act. Effective immediately. LRB103 30104 AMQ 56528 b LRB103 30104 AMQ 56528 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2320 Introduced , by Rep. Jonathan Carroll SYNOPSIS AS INTRODUCED: New Act5 ILCS 100/5-45.35 new New Act 5 ILCS 100/5-45.35 new New Act 5 ILCS 100/5-45.35 new Creates the Internet Gaming Act. Authorizes a casino or racetrack to offer Internet gaming or contract with a platform to offer Internet gaming, as regulated by the Illinois Gaming Board. Provides the requirements for Internet gaming platforms, Internet wagering accounts, and licenses issued under the Act. Includes provisions for age verification, location of wagering, responsible gaming, diversity goals in procurement and spending by Internet gaming licensees, the applicability of the Illinois Gambling Act and the Uniform Penalty and Interest Act, acceptance of out-of-state wagers, and limitations on home rule units. Provides that a 12% privilege tax is imposed on Internet gaming to be deposited into the State Gaming Fund. Provides that certain tax revenue from Internet gaming shall be paid to the Department of Human Services for the administration of programs to treat problem gambling, the Pension Stabilization Fund, and the Education Assistance Fund. Authorizes the adoption of emergency rules to implement the Act and makes conforming changes in the Illinois Administrative Procedure Act. Effective immediately. LRB103 30104 AMQ 56528 b LRB103 30104 AMQ 56528 b LRB103 30104 AMQ 56528 b A BILL FOR HB2320LRB103 30104 AMQ 56528 b HB2320 LRB103 30104 AMQ 56528 b HB2320 LRB103 30104 AMQ 56528 b 1 AN ACT concerning gaming. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Internet Gaming Act. 6 Section 5. Definitions. Unless otherwise provided in this 7 Act, the terms used in this Act have the same meaning as the 8 terms defined in Section 4 of the Illinois Gambling Act. 9 Further, as used in this Act: 10 "Adjusted gross gaming revenue" means the total of all 11 sums actually received by an Internet gaming licensee from 12 Internet gaming operations, excluding free play and 13 promotional credits, less the total of all sums actually paid 14 out as winnings to patrons, which includes the cash equivalent 15 of any merchandise or thing of value awarded as a prize. 16 Adjusted gross gaming revenue does not include the dollar 17 amount of noncashable vouchers, coupons, or promotions 18 redeemed by participants on an Internet gaming platform. 19 "Board" means the Illinois Gaming Board. 20 "Internet game" means an Internet-based version or 21 substantial equivalent of a gambling game, slot machine, 22 poker, or table game, including, but not limited to, 23 simulcasted live-dealer versions of casino games in which an 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2320 Introduced , by Rep. Jonathan Carroll SYNOPSIS AS INTRODUCED: New Act5 ILCS 100/5-45.35 new New Act 5 ILCS 100/5-45.35 new New Act 5 ILCS 100/5-45.35 new Creates the Internet Gaming Act. Authorizes a casino or racetrack to offer Internet gaming or contract with a platform to offer Internet gaming, as regulated by the Illinois Gaming Board. Provides the requirements for Internet gaming platforms, Internet wagering accounts, and licenses issued under the Act. Includes provisions for age verification, location of wagering, responsible gaming, diversity goals in procurement and spending by Internet gaming licensees, the applicability of the Illinois Gambling Act and the Uniform Penalty and Interest Act, acceptance of out-of-state wagers, and limitations on home rule units. Provides that a 12% privilege tax is imposed on Internet gaming to be deposited into the State Gaming Fund. Provides that certain tax revenue from Internet gaming shall be paid to the Department of Human Services for the administration of programs to treat problem gambling, the Pension Stabilization Fund, and the Education Assistance Fund. Authorizes the adoption of emergency rules to implement the Act and makes conforming changes in the Illinois Administrative Procedure Act. Effective immediately. LRB103 30104 AMQ 56528 b LRB103 30104 AMQ 56528 b LRB103 30104 AMQ 56528 b A BILL FOR New Act 5 ILCS 100/5-45.35 new LRB103 30104 AMQ 56528 b HB2320 LRB103 30104 AMQ 56528 b HB2320- 2 -LRB103 30104 AMQ 56528 b HB2320 - 2 - LRB103 30104 AMQ 56528 b HB2320 - 2 - LRB103 30104 AMQ 56528 b 1 individual wagers money or something of monetary value for the 2 opportunity to win money or something of monetary value, and 3 which is accessed by an Internet-connected computer or mobile 4 device. "Internet game" includes gaming tournaments conducted 5 via the Internet in which players compete against one another 6 or in one or more of the games authorized in this Act. 7 "Internet game" does not include sports wagering conducted 8 pursuant to the Sports Wagering Act or fantasy contests in 9 which one or more players compete against each other and 10 winning outcomes reflect the relative knowledge and skill of 11 the players and are determined predominantly by accumulated 12 statistical results of the performance of individuals, 13 including athletes in the case of sporting events. 14 "Internet gaming" means conducting Internet games. 15 "Internet gaming licensee" means the owners licensee or 16 organization licensee that holds an Internet gaming license 17 under this Act. 18 "Internet gaming operator" means an Internet gaming 19 licensee that operates an Internet gaming platform or, if an 20 Internet management services provider operates the Internet 21 gaming platform, the Internet management services provider. 22 "Internet gaming platform" means the combination of 23 hardware and software or other technology designed and used to 24 manage, conduct, and record Internet gaming and the wagers 25 associated with Internet gaming. 26 "Internet gaming skin" means a distinctly branded Internet HB2320 - 2 - LRB103 30104 AMQ 56528 b HB2320- 3 -LRB103 30104 AMQ 56528 b HB2320 - 3 - LRB103 30104 AMQ 56528 b HB2320 - 3 - LRB103 30104 AMQ 56528 b 1 gaming platform operated by an Internet gaming operator that 2 may encompass a website, mobile application, or other portal 3 to the Internet gaming platform. The brand may be that of the 4 Internet gaming licensee or its affiliate, the Internet 5 management service provider, or another brand as agreed upon 6 by the Internet gaming licensee and its Internet management 7 service provider. 8 "Internet management service provider" means a licensed 9 business entity that operates an Internet gaming platform 10 pursuant to an agreement with an Internet gaming licensee. 11 "Internet wagering" means the placing of wagers with an 12 Internet gaming operator by persons who are either physically 13 present in Illinois or in another permissible jurisdiction 14 whereby the Board has entered a compact when placing a wager or 15 otherwise permitted to place a wager by law. 16 "Internet wagering account" means a financial record 17 established and accessible through an Internet gaming platform 18 for an individual participant in which the participant may 19 deposit and withdraw funds for Internet gaming and other 20 authorized purchases and to which the Internet gaming operator 21 may credit winnings or other amounts due to that participant 22 or authorized by that participant. 23 "Organization licensee" has the meaning given to that term 24 in the Illinois Horse Racing Act of 1975. 25 "Owners licensee" means the holder of an owners license 26 issued under the Illinois Gambling Act. HB2320 - 3 - LRB103 30104 AMQ 56528 b HB2320- 4 -LRB103 30104 AMQ 56528 b HB2320 - 4 - LRB103 30104 AMQ 56528 b HB2320 - 4 - LRB103 30104 AMQ 56528 b 1 "Permissible jurisdiction" means another jurisdiction from 2 which wagers may be accepted pursuant to Section 60. 3 Section 10. Board powers and responsibilities. The Board 4 shall have the same powers and responsibilities with respect 5 to the offering of Internet gaming as it has with respect to 6 non-Internet gaming pursuant to Section 5 of the Illinois 7 Gambling Act, except where the exercise of such powers or 8 responsibilities is incompatible with the offering of gambling 9 games over the Internet or with this Act. 10 Section 15. Rulemaking. 11 (a) The Board shall adopt emergency rules within 90 days 12 after the effective date of this Act to administer this Act in 13 accordance with Section 5-45 of the Illinois Administrative 14 Procedure Act. For the purposes of the Illinois Administrative 15 Procedure Act, the General Assembly finds that the adoption of 16 rules to implement this Act is deemed an emergency and 17 necessary to the public interest, safety, and welfare. 18 (b) In adopting rules and regulating the conduct of 19 Internet gaming, the Board shall, to the greatest extent 20 possible, utilize existing rules adopted under the Illinois 21 Gambling Act and amend existing rules or adopt new rules or 22 standards only as reasonably necessary to implement Internet 23 gaming under this Act. The Board shall look to the Internet 24 gaming rules of other regulated jurisdictions in the United HB2320 - 4 - LRB103 30104 AMQ 56528 b HB2320- 5 -LRB103 30104 AMQ 56528 b HB2320 - 5 - LRB103 30104 AMQ 56528 b HB2320 - 5 - LRB103 30104 AMQ 56528 b 1 States and shall implement consistent rules to the greatest 2 extent practicable. 3 Section 20. Internet gaming authorized. 4 (a) Notwithstanding any provision of law to the contrary, 5 Internet gaming is only lawful when conducted by an Internet 6 gaming operator in accordance with the provisions of this Act 7 and the rules of the Board. 8 (b) Internet gaming may only be offered by an Internet 9 gaming licensee or an Internet management services provider 10 that has contracted with an Internet gaming licensee. An 11 Internet gaming licensee may offer no more than 3 individually 12 branded Internet gaming skins. The Internet gaming licensee 13 may operate the platforms and contract with up to 3 Internet 14 management service providers to conduct Internet gaming in 15 accordance with the rules of the Board and the provisions of 16 this Act. 17 (c) The primary servers necessary to the placement or 18 resolution of wagers on an Internet gaming platform shall be 19 located within a facility that is secure and inaccessible to 20 the public. The primary servers may be located anywhere in the 21 United States that is in compliance with federal law. All 22 wagers that originate in this State are deemed to be placed in 23 this State. The intermediate routing of electronic data in 24 connection with Internet gaming, including across State lines, 25 shall not determine the location or locations in which a wager HB2320 - 5 - LRB103 30104 AMQ 56528 b HB2320- 6 -LRB103 30104 AMQ 56528 b HB2320 - 6 - LRB103 30104 AMQ 56528 b HB2320 - 6 - LRB103 30104 AMQ 56528 b 1 is initiated, received, or otherwise made. 2 Section 25. Requirements of Internet gaming platform. 3 (a) An Internet gaming operator may accept wagers on an 4 Internet gaming platform only as follows: (1) the wager is 5 placed directly with the Internet gaming operator through an 6 Internet wagering account; and (2) the Internet gaming 7 operator has verified that the person placing the wager is the 8 holder of the Internet wagering account and is physically 9 located within this State or a permissible jurisdiction using 10 technological requirements in compliance with this Section. 11 (b) An Internet gaming platform shall include age and 12 location verification mechanisms and requirements that are 13 designed to preclude knowingly accepting wagers from 14 individuals under 21 years of age, persons not physically 15 within the State or a permissible jurisdiction, and persons 16 otherwise excluded from Internet gaming from establishing 17 Internet wagering accounts or from engaging in Internet gaming 18 under this Act. The Internet gaming platform's age, location, 19 and eligibility detection mechanisms shall monitor attempts to 20 access the system and shall use commercially reasonable 21 attempts to block unauthorized attempts to access the system. 22 (c) An Internet gaming operator shall implement 23 appropriate data security standards to prevent unauthorized 24 access by any person whose identity has not been verified or 25 cannot be verified, in accordance with rules adopted by the HB2320 - 6 - LRB103 30104 AMQ 56528 b HB2320- 7 -LRB103 30104 AMQ 56528 b HB2320 - 7 - LRB103 30104 AMQ 56528 b HB2320 - 7 - LRB103 30104 AMQ 56528 b 1 Board. The Internet gaming platform's identity verification 2 mechanisms shall monitor attempts to access the system and 3 shall use commercially reasonable attempts to block 4 unauthorized attempts to access the system by persons who are 5 not the wagering account holder. 6 (d) An Internet gaming operator shall implement 7 appropriate standards to protect the privacy and security of 8 participants to a reasonable degree of certainty. Internet 9 gaming operators shall establish and offer participants the 10 option to protect their accounts with multi-factor 11 authentication or authentication features such as personal 12 identification numbers or biometric data. 13 (e) The Internet gaming operator shall establish internal 14 and accounting controls applicable to Internet gaming and 15 shall ensure that the security and integrity of all financial 16 transactions in connection with Internet gaming shall comply 17 with this Act and any rules adopted by the Board. 18 (f) An Internet gaming operator shall collect, report, and 19 pay all applicable taxes and fees and shall maintain all 20 books, records, and documents pertaining to the provider's 21 gaming operations in a manner and location within this State 22 as approved by the Board. 23 (g) All books, records, and documents concerning Internet 24 gaming shall be available for inspection upon commercially 25 reasonable notice by the Board during ordinary business hours 26 in accordance with the Board's rules and shall be maintained HB2320 - 7 - LRB103 30104 AMQ 56528 b HB2320- 8 -LRB103 30104 AMQ 56528 b HB2320 - 8 - LRB103 30104 AMQ 56528 b HB2320 - 8 - LRB103 30104 AMQ 56528 b 1 in a manner and during periods of time as the Board shall 2 require. 3 (h) Each Internet gaming operator shall maintain a file 4 containing samples of the types and forms of advertising and 5 promotional materials that it has used for Internet gaming in 6 connection with this State. Such advertising samples shall be 7 made available or produced for inspection upon the Board's 8 request. 9 Section 30. Internet wagering accounts. 10 (a) Eligible persons must establish Internet wagering 11 accounts in person at a casino or racetrack during the first 6 12 months of operation. After the first 6 months of operation, an 13 account may be established over the Internet without appearing 14 in person. An Internet gaming operator shall adopt reasonable 15 procedures to ensure that individuals have no more than one 16 Internet wagering account with the Internet gaming operator. 17 However, nothing in this Act prohibits the combination of a 18 sports wagering account under the Sports Wagering Act and the 19 Internet wagering account set forth under this Act. 20 (b) Participants may deposit and withdraw funds from their 21 Internet wagering accounts in person at a casino or racetrack 22 or over the Internet through electronic means to the extent 23 allowed by federal law, including debit and credit cards; 24 automated clearing house transfers; wire transfers; deposits 25 and withdrawals of cash or gaming chips at cashiering HB2320 - 8 - LRB103 30104 AMQ 56528 b HB2320- 9 -LRB103 30104 AMQ 56528 b HB2320 - 9 - LRB103 30104 AMQ 56528 b HB2320 - 9 - LRB103 30104 AMQ 56528 b 1 locations approved by the Board; reliable prepaid cards; cash 2 complimentary, promotional credits, or bonus credits; 3 winnings; or other means as approved by the Board. 4 (c) Internet gaming operators shall include, as part of 5 their internal controls, mechanisms and procedures for 6 reasonably detecting unauthorized access to Internet wagering 7 accounts, unauthorized attempts to access Internet wagering 8 accounts, and suspicious Internet wagering activity 9 constituting cheating, theft, embezzlement, collusion, money 10 laundering, and other illegal activity. 11 (d) As permitted by federal law, nothing in this Act 12 prohibits Internet gaming operators from linking or otherwise 13 commingling Internet wagering accounts with an eligible 14 person's Internet wagering account in another jurisdiction. 15 However, an Internet gaming operator must retain records of 16 all deposits, withdraws, wagers, and wager results that take 17 place within this State and pursuant to this Act and ensure all 18 taxes and fees due under this Act are properly documented and 19 paid. 20 Section 35. License requirements. 21 (a) No person may offer Internet games in this State 22 unless all necessary licenses have been obtained in accordance 23 with this Act and the rules of the Board. The Board may issue 24 the following licenses to persons, firms, partnerships, or 25 corporations that apply for licensure upon a determination by HB2320 - 9 - LRB103 30104 AMQ 56528 b HB2320- 10 -LRB103 30104 AMQ 56528 b HB2320 - 10 - LRB103 30104 AMQ 56528 b HB2320 - 10 - LRB103 30104 AMQ 56528 b 1 the Board that the applicant is eligible for the license under 2 this Act and rules adopted by the Board: 3 (1) Internet gaming license; 4 (2) Internet management service provider license; 5 (3) supplier license; and 6 (4) occupational license. 7 (b) The Board shall issue an Internet gaming license upon 8 request to any owners licensee or organization licensee. The 9 fee for a license shall be $500,000. An Internet gaming 10 license shall be valid for the same period of time as the 11 requester's owners license or organization license and shall 12 be renewed as a matter of course upon renewal of the owners 13 license or organization license and for the same period of 14 time as the owners license or organization license. The fee 15 for renewal of an Internet gaming license is $250,000. 16 (c) An entity may apply for an Internet management service 17 provider license in the form as may be required by the Board 18 consistent with the requirements of this Act. The Board shall 19 provide an abbreviated application for entities that hold or 20 have a pending application for a management services provider 21 license under the Sports Wagering Act or other types of gaming 22 under Illinois law. Before issuance of an Internet management 23 service provider license under this Act, the applicant shall 24 pay to the Board a licensing fee of $100,000 or, for applicants 25 holding a management service provider license issued under 26 other Illinois law, a licensing fee of $50,000. An Internet HB2320 - 10 - LRB103 30104 AMQ 56528 b HB2320- 11 -LRB103 30104 AMQ 56528 b HB2320 - 11 - LRB103 30104 AMQ 56528 b HB2320 - 11 - LRB103 30104 AMQ 56528 b 1 management service provider license issued under this Act 2 shall be valid for 4 years, subject to renewal upon payment of 3 a fee of $50,000. 4 (d) An applicant for a supplier license shall apply in the 5 form as may be required by the Board consistent with the 6 requirements of this Act. The Board shall provide an 7 abbreviated application for entities which hold or have a 8 pending application for a supplier license under the Sports 9 Wagering Act or other types of gaming under Illinois law. 10 Before issuance of a supplier license under this Act, the 11 applicant shall pay to the Board a licensing fee of $75,000 or, 12 for applicants holding a supplier license issued under other 13 Illinois law, a licensing fee of $50,000. A supplier license 14 issued under this Act shall be valid for 4 years, subject to 15 renewal upon payment of a fee of $50,000. 16 (e) An applicant for an occupation license shall apply in 17 the form as may be required by the Board consistent with the 18 requirements of this Act for individuals who can directly 19 change critical components of Internet game system hardware or 20 software and meet 2 of the following requirements: (1) have 21 access to wagering account holders' personally identifying 22 information; (2) have the ability to make adjustments to 23 Internet wagering accounts; or (3) have direct interaction 24 with wagering account holders. Before issuance of an 25 occupational license under this Act, the applicant shall pay 26 to the Board a licensing fee of $1,000 or, for applicants HB2320 - 11 - LRB103 30104 AMQ 56528 b HB2320- 12 -LRB103 30104 AMQ 56528 b HB2320 - 12 - LRB103 30104 AMQ 56528 b HB2320 - 12 - LRB103 30104 AMQ 56528 b 1 holding an occupational license issued under other Illinois 2 law, a licensing fee of $500. An occupational license issued 3 under this Act shall be valid for 4 years, subject to renewal 4 upon payment of a fee of $500. 5 (f) The Board shall issue any license under this Act upon 6 payment of the license fee and a showing that the applicant 7 holds an equivalent license under the Sports Wagering Act or, 8 otherwise, has an equivalent license to conduct Internet 9 gaming in another U.S. jurisdiction with licensing standards 10 similar to those established under this Act and accompanying 11 rules. 12 (g) The Board shall issue any license under this Act on a 13 temporary basis within 30 days after receiving an application 14 to any applicant that holds an equivalent license or temporary 15 license under the Sports Wagering Act or, otherwise, has 16 equivalent licenses in connection with Internet gaming in 17 another U.S. jurisdictions. The Board shall issue the 18 temporary license under this subsection within 30 days after 19 receiving a completed application unless it is aware of 20 credible information that may prevent the issuance of a 21 license or require certain conditions on a license to ensure 22 compliance with Illinois gaming law. The temporary license 23 shall be valid for a period of one year. The Board may revoke a 24 temporary license at any time if it becomes aware of credible 25 information that may prevent the issuance of a license or 26 require certain conditions on a license to ensure compliance HB2320 - 12 - LRB103 30104 AMQ 56528 b HB2320- 13 -LRB103 30104 AMQ 56528 b HB2320 - 13 - LRB103 30104 AMQ 56528 b HB2320 - 13 - LRB103 30104 AMQ 56528 b 1 with Illinois gaming law. A temporary license shall otherwise 2 be deemed to be the equivalent of a full license for all 3 purposes. 4 (h) The Board may require background investigations for 5 any officer, director, or shareholder with 10% or more equity 6 interests of an applicant for an Internet management service 7 provider license. The Board may recover the actual costs of an 8 investigation conducted under this subsection from any license 9 applicant. The Board may accept a background investigation 10 conducted by another state with licensing standards similar to 11 those established under this Act and accompanying rules. 12 Section 40. Age verification; location; responsible 13 gaming. 14 (a) An Internet gaming platform's internal controls shall 15 include one or more mechanism to reasonably verify that a 16 participant is 21 years of age or older, that wagering on 17 Internet games is limited to transactions that are initiated 18 and received within the State of Illinois or a permissible 19 jurisdiction, and that the participant is physically located 20 within the State of Illinois or a permissible jurisdiction. 21 (b) The Board shall develop responsible Internet gaming 22 measures, including a statewide responsible gaming database 23 identifying individuals who shall be prohibited from 24 establishing an Internet wagering account or participating in 25 Internet gaming offered by an Internet gaming operator. The HB2320 - 13 - LRB103 30104 AMQ 56528 b HB2320- 14 -LRB103 30104 AMQ 56528 b HB2320 - 14 - LRB103 30104 AMQ 56528 b HB2320 - 14 - LRB103 30104 AMQ 56528 b 1 Board shall adopt rules for the establishment and maintenance 2 of the responsible gaming database, which shall include 3 allowances for individuals to self-exclude from Internet 4 wagering, including making self-exclusion elections through an 5 Internet gaming operator on an Internet gaming platform or 6 in-person at casinos or racetracks. The Board shall maintain 7 the responsible gaming database in a confidential manner and 8 Internet gaming operators shall not knowingly accept wagers 9 from anyone listed on the gaming database. Notwithstanding any 10 law to the contrary, a self-exclusion election and the 11 responsible gaming database are not public records subject to 12 copying and disclosure under the Freedom of Information Act. 13 (c) Each Internet gaming platform shall display the words 14 "If you or someone you know has a gambling problem, help is 15 available. Call (toll-free telephone number)" or some 16 comparable language approved by the Board, which language 17 shall include the words "gambling problem" and "call 18 1-800-GAMBLER" to be displayed on the home page accessible to 19 any person visiting or initially logging into the Internet 20 gaming platform. Similar information shall be accessible to 21 account holders when logged onto the Internet gaming platform. 22 (d) Each Internet gaming platform shall include mechanisms 23 for temporary and permanent self-exclusion through the Board's 24 statewide responsible gaming database from Internet gaming, 25 including termination of his or her Internet wagering account; 26 a deposit limit offered on a daily, weekly, and monthly basis HB2320 - 14 - LRB103 30104 AMQ 56528 b HB2320- 15 -LRB103 30104 AMQ 56528 b HB2320 - 15 - LRB103 30104 AMQ 56528 b HB2320 - 15 - LRB103 30104 AMQ 56528 b 1 that allows participants to specify the maximum amount of 2 money they can deposit into the Internet wagering account 3 during the particular time period; and a spend limit offered 4 on a daily, weekly, and monthly basis that allows participants 5 to specify the maximum amount of the deposits that they may put 6 at risk during the particular time period. Self-imposed 7 wagering or deposit limits shall take effect immediately but 8 increases to a previously imposed limit shall not take effect 9 until the expiration of the limit per the terms of the 10 participant's original election. A licensee under this Act 11 shall not knowingly mail or otherwise forward any 12 gaming-related promotional materials or electronic mail to a 13 participant during any period in which the participant has 14 elected to temporarily or permanently suspend or terminate 15 Internet gaming through the account. 16 (e) A participant shall continue to have access to the 17 Internet wagering account and the ability to withdraw funds, 18 notwithstanding any temporary or permanent suspension or 19 limits placed upon the account pursuant to this Section. 20 Section 45. Tax. 21 (a) A privilege tax is imposed on an Internet gaming 22 operator based on the adjusted gross gaming revenue wagered on 23 Internet gaming platforms authorized under this Act at a rate 24 of 12% of adjusted gross gaming revenue. This privilege tax is 25 the exclusive tax in relation to Internet gaming. No local HB2320 - 15 - LRB103 30104 AMQ 56528 b HB2320- 16 -LRB103 30104 AMQ 56528 b HB2320 - 16 - LRB103 30104 AMQ 56528 b HB2320 - 16 - LRB103 30104 AMQ 56528 b 1 government of this State, including home rule municipalities, 2 may impose or levy taxes on adjusted gross gaming revenue. 3 (b) All moneys collected under this Act by the Board shall 4 be deposited into the State Gaming Fund. The taxes imposed by 5 this Section shall be paid by the Internet gaming operator on 6 the day following the end of the month in which the wagers were 7 made. 8 (c) If the taxpayer's adjusted gross gaming revenue for a 9 month is a negative number, the taxpayer may carry over the 10 negative amount to a return filed for the subsequent month and 11 deduct the negative amount from its tax liability for that 12 month, provided that the amount is not be carried over and 13 deducted against tax liability in any month that is more than 14 12 months later than the month in which the amount was accrued. 15 (d) $10,000,000 from the tax revenue deposited in the 16 State Gaming Fund under this Act shall be paid annually to the 17 Department of Human Services for the administration of 18 programs to treat problem gambling. 19 (e) After the amount specified in subsection (d) has been 20 paid or transferred, all remaining tax revenue deposited into 21 the State Gaming Fund in accordance with this Act shall be 22 transferred in equal parts to the Pension Stabilization Fund 23 and the Education Assistance Fund. 24 Section 50. Diversity programs. 25 (a) As used in this Section only, "licensee" means an HB2320 - 16 - LRB103 30104 AMQ 56528 b HB2320- 17 -LRB103 30104 AMQ 56528 b HB2320 - 17 - LRB103 30104 AMQ 56528 b HB2320 - 17 - LRB103 30104 AMQ 56528 b 1 Internet gaming licensee under this Act. 2 (b) The public policy of this State is to collaboratively 3 work with companies that serve Illinois residents to improve 4 their supplier diversity in a non-antagonistic manner. 5 (c) The Board shall require all licensees under this Act 6 to submit an annual report by April 15, 2024 and every April 15 7 thereafter, in a searchable Adobe PDF format, on all 8 procurement goals and actual spending for businesses owned by 9 women, minorities, veterans, and persons with disabilities and 10 small business enterprises in the previous calendar year. 11 These goals shall be expressed as a percentage of the total 12 work performed by the entity submitting the report, and the 13 actual spending for all businesses owned by women, minorities, 14 veterans, and persons with disabilities and small business 15 enterprises shall also be expressed as a percentage of the 16 total work performed by the entity submitting the report. 17 (d) Each licensee in its annual report shall include the 18 following information: (1) an explanation of the plan for the 19 next year to increase participation; (2) an explanation of the 20 plan to increase the goals; (3) the areas of procurement each 21 licensee shall be actively seeking more participation in the 22 next year; (4) an outline of the plan to alert and encourage 23 potential vendors in that area to seek business from the 24 licensee; (5) an explanation of the challenges faced in 25 finding quality vendors and offer any suggestions for what the 26 Board could do to be helpful to identify those vendors; (6) a HB2320 - 17 - LRB103 30104 AMQ 56528 b HB2320- 18 -LRB103 30104 AMQ 56528 b HB2320 - 18 - LRB103 30104 AMQ 56528 b HB2320 - 18 - LRB103 30104 AMQ 56528 b 1 list of the certifications the licensee recognizes; (7) the 2 point of contact for any potential vendor who wishes to do 3 business with the licensee and explain the process for a 4 vendor to enroll with the licensee as a businesses owned by 5 women, minorities, veterans, or persons with disabilities; and 6 (8) any particular success stories to encourage other 7 licensees to emulate best practices. 8 (e) Each annual report shall include as much 9 State-specific data as possible. If the submitting entity does 10 not submit State-specific data, then the licensee shall 11 include any national data it does have and explain why it could 12 not submit State-specific data and how it intends to do so in 13 future reports, if possible. 14 (f) Each annual report shall include the rules, 15 regulations, and definitions used for the procurement goals in 16 the licensee's annual report. 17 (g) The Board and all licensees shall hold an annual 18 workshop and job fair open to the public in 2024 and every year 19 thereafter on the state of supplier diversity to 20 collaboratively seek solutions to structural impediments to 21 achieving stated goals, including testimony from each licensee 22 as well as subject matter experts and advocates. The Board 23 shall publish a database on its website of the point of contact 24 for licensees it regulates under this Act for supplier 25 diversity, along with a list of certifications each licensee 26 recognizes from the information submitted in each annual HB2320 - 18 - LRB103 30104 AMQ 56528 b HB2320- 19 -LRB103 30104 AMQ 56528 b HB2320 - 19 - LRB103 30104 AMQ 56528 b HB2320 - 19 - LRB103 30104 AMQ 56528 b 1 report. The Board shall publish each annual report on its 2 website and shall maintain each annual report for at least 5 3 years. 4 (h) A licensee under this Act that is also subject to the 5 diversity program requirements of Section 7.6 of the Illinois 6 Gambling Act shall include its Internet gaming activities 7 within the supplier diversity goals and accompanying reports. 8 Compliance with Section 7.6 of the Illinois Gambling Act shall 9 be in lieu of compliance with the reporting requirements under 10 this Act. 11 Section 55. Applicability of the Illinois Gambling Act and 12 the Uniform Penalty and Interest Act. The provisions of the 13 Illinois Gambling Act, and all rules adopted thereunder, shall 14 apply to this Act, except where there is a conflict between the 15 2 acts, including the incompatibility of any provision to the 16 conduct of gaming remotely, without a brick-and-mortar 17 facility, or over the Internet. All provisions of the Uniform 18 Penalty and Interest Act shall apply, as far as practicable, 19 to the subject matter of this Act to the same extent as if such 20 provisions were included in this Act. 21 Section 60. Acceptance of out-of-state wagers. 22 Notwithstanding any other provision of law to the contrary, 23 wagers may be accepted under this Act from persons who are not 24 physically present in this State if the Board has determined HB2320 - 19 - LRB103 30104 AMQ 56528 b HB2320- 20 -LRB103 30104 AMQ 56528 b HB2320 - 20 - LRB103 30104 AMQ 56528 b HB2320 - 20 - LRB103 30104 AMQ 56528 b 1 that out-of-state wagering is not inconsistent with federal 2 law or the law of the jurisdiction in which the person is 3 located or if out-of-state wagering is conducted pursuant to a 4 reciprocal agreement to which this State is a party that is not 5 inconsistent with federal law. The Board may enter into 6 agreements with other jurisdictions to facilitate, administer, 7 and regulate multijurisdictional approved Internet games, 8 including, but not limited to, poker. 9 Section 65. Home rule. The licensure and conduct of 10 Internet gaming conducted by a person or entity pursuant to 11 this Act are exclusive powers and functions of the State. A 12 home rule unit may not regulate or license Internet gaming. 13 This Section is a denial and limitation of home rule powers and 14 functions under subsection (h) of Section 6 of Article VII of 15 the Illinois Constitution. 16 Section 100. The Illinois Administrative Procedure Act is 17 amended by adding Section 5-45.35 as follows: 18 (5 ILCS 100/5-45.35 new) 19 Sec. 5-45.35. Emergency rulemaking; Internet Gaming Act. 20 To provide for the expeditious and timely implementation of 21 the Internet Gaming Act, emergency rules implementing the 22 Internet Gaming Act may be adopted in accordance with Section 23 5-45 by the Illinois Gaming Board. The adoption of emergency HB2320 - 20 - LRB103 30104 AMQ 56528 b HB2320- 21 -LRB103 30104 AMQ 56528 b HB2320 - 21 - LRB103 30104 AMQ 56528 b HB2320 - 21 - LRB103 30104 AMQ 56528 b 1 rules authorized by Section 5-45 and this Section is deemed to 2 be necessary for the public interest, safety, and welfare. 3 This Section is repealed one year after the effective date 4 of this amendatory Act of the 103rd General Assembly. 5 Section 999. Effective date. This Act takes effect upon 6 becoming law. HB2320 - 21 - LRB103 30104 AMQ 56528 b