Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1224 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1224 Introduced 1/24/2025, by Sen. Lakesia Collins SYNOPSIS AS INTRODUCED: New Act5 ILCS 100/5-45.65 new230 ILCS 45/25-10720 ILCS 5/28-1 from Ch. 38, par. 28-1720 ILCS 5/28-3 from Ch. 38, par. 28-3 Creates the Fantasy Sports Consumer Protection Act. Provides that the Illinois Gaming Board may regulate the conduct of fantasy contest operators under the Act. Allows the Board to levy and collect fees, surcharges, civil penalties, and, on adjusted gross fantasy contest receipts imposed under the Act, monthly taxes, and identifies other powers and duties of the Board. Includes restrictions, including requiring licensing, of fantasy contest operators. Includes license requirements and requirements for allowable fantasy contests. Contains provisions relating to denial of a license, independent audits, reporting and investigation of prohibited conduct, taxes, compulsive gambling and voluntary self-exclusion, and supplier diversity goals for fantasy contest operators. Amends the Sports Wagering Act. Excludes fantasy contests from the definition of "sports wagering". Amends the Criminal Code of 2012. Provides that participants in fantasy contest wagering shall not be convicted of the offense of gambling when conducted in accordance with the Fantasy Sports Consumer Protection Act. Excludes any real estate, vehicle, boat, or any other property whatsoever used for the purposes of gambling under the Fantasy Sports Consumer Protection Act from the definition of "gambling place" under the offense of keeping a gambling place. Amends the Illinois Administrative Procedure Act. Grants the Illinois Gaming Board emergency rulemaking authority to implement the Fantasy Sports Consumer Protection Act. Effective immediately. LRB104 06316 LNS 16351 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1224 Introduced 1/24/2025, by Sen. Lakesia Collins SYNOPSIS AS INTRODUCED: New Act5 ILCS 100/5-45.65 new230 ILCS 45/25-10720 ILCS 5/28-1 from Ch. 38, par. 28-1720 ILCS 5/28-3 from Ch. 38, par. 28-3 New Act 5 ILCS 100/5-45.65 new 230 ILCS 45/25-10 720 ILCS 5/28-1 from Ch. 38, par. 28-1 720 ILCS 5/28-3 from Ch. 38, par. 28-3 Creates the Fantasy Sports Consumer Protection Act. Provides that the Illinois Gaming Board may regulate the conduct of fantasy contest operators under the Act. Allows the Board to levy and collect fees, surcharges, civil penalties, and, on adjusted gross fantasy contest receipts imposed under the Act, monthly taxes, and identifies other powers and duties of the Board. Includes restrictions, including requiring licensing, of fantasy contest operators. Includes license requirements and requirements for allowable fantasy contests. Contains provisions relating to denial of a license, independent audits, reporting and investigation of prohibited conduct, taxes, compulsive gambling and voluntary self-exclusion, and supplier diversity goals for fantasy contest operators. Amends the Sports Wagering Act. Excludes fantasy contests from the definition of "sports wagering". Amends the Criminal Code of 2012. Provides that participants in fantasy contest wagering shall not be convicted of the offense of gambling when conducted in accordance with the Fantasy Sports Consumer Protection Act. Excludes any real estate, vehicle, boat, or any other property whatsoever used for the purposes of gambling under the Fantasy Sports Consumer Protection Act from the definition of "gambling place" under the offense of keeping a gambling place. Amends the Illinois Administrative Procedure Act. Grants the Illinois Gaming Board emergency rulemaking authority to implement the Fantasy Sports Consumer Protection Act. Effective immediately. LRB104 06316 LNS 16351 b LRB104 06316 LNS 16351 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1224 Introduced 1/24/2025, by Sen. Lakesia Collins SYNOPSIS AS INTRODUCED:
33 New Act5 ILCS 100/5-45.65 new230 ILCS 45/25-10720 ILCS 5/28-1 from Ch. 38, par. 28-1720 ILCS 5/28-3 from Ch. 38, par. 28-3 New Act 5 ILCS 100/5-45.65 new 230 ILCS 45/25-10 720 ILCS 5/28-1 from Ch. 38, par. 28-1 720 ILCS 5/28-3 from Ch. 38, par. 28-3
44 New Act
55 5 ILCS 100/5-45.65 new
66 230 ILCS 45/25-10
77 720 ILCS 5/28-1 from Ch. 38, par. 28-1
88 720 ILCS 5/28-3 from Ch. 38, par. 28-3
99 Creates the Fantasy Sports Consumer Protection Act. Provides that the Illinois Gaming Board may regulate the conduct of fantasy contest operators under the Act. Allows the Board to levy and collect fees, surcharges, civil penalties, and, on adjusted gross fantasy contest receipts imposed under the Act, monthly taxes, and identifies other powers and duties of the Board. Includes restrictions, including requiring licensing, of fantasy contest operators. Includes license requirements and requirements for allowable fantasy contests. Contains provisions relating to denial of a license, independent audits, reporting and investigation of prohibited conduct, taxes, compulsive gambling and voluntary self-exclusion, and supplier diversity goals for fantasy contest operators. Amends the Sports Wagering Act. Excludes fantasy contests from the definition of "sports wagering". Amends the Criminal Code of 2012. Provides that participants in fantasy contest wagering shall not be convicted of the offense of gambling when conducted in accordance with the Fantasy Sports Consumer Protection Act. Excludes any real estate, vehicle, boat, or any other property whatsoever used for the purposes of gambling under the Fantasy Sports Consumer Protection Act from the definition of "gambling place" under the offense of keeping a gambling place. Amends the Illinois Administrative Procedure Act. Grants the Illinois Gaming Board emergency rulemaking authority to implement the Fantasy Sports Consumer Protection Act. Effective immediately.
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1515 1 AN ACT concerning gaming.
1616 2 Be it enacted by the People of the State of Illinois,
1717 3 represented in the General Assembly:
1818 4 Section 1. Short title. This Act may be cited as the
1919 5 Fantasy Sports Consumer Protection Act.
2020 6 Section 5. Definitions. As used in this Act:
2121 7 "Adjusted gross fantasy contest receipts" means the amount
2222 8 equal to the total of all entry fees that a fantasy contest
2323 9 operator collects from all participants less only the total of
2424 10 all prizes paid out as prizes to all participants multiplied
2525 11 by the location percentage for this State.
2626 12 "Board" means the Illinois Gaming Board.
2727 13 "Entry fee" means a nonrefundable cash or cash equivalent
2828 14 that is paid by a participant and set in advance by a fantasy
2929 15 contest operator granting the participant the right to
3030 16 participate in a fantasy contest.
3131 17 "Fantasy contest" means an online fantasy or simulated
3232 18 game or contest of skill with an entry fee in which:
3333 19 (1) the values of all prizes offered to a winning
3434 20 participant are established and made known to the
3535 21 participant in advance of the contest;
3636 22 (2) all winning outcomes reflect the relative
3737 23 knowledge and skill of the participant;
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4141 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1224 Introduced 1/24/2025, by Sen. Lakesia Collins SYNOPSIS AS INTRODUCED:
4242 New Act5 ILCS 100/5-45.65 new230 ILCS 45/25-10720 ILCS 5/28-1 from Ch. 38, par. 28-1720 ILCS 5/28-3 from Ch. 38, par. 28-3 New Act 5 ILCS 100/5-45.65 new 230 ILCS 45/25-10 720 ILCS 5/28-1 from Ch. 38, par. 28-1 720 ILCS 5/28-3 from Ch. 38, par. 28-3
4343 New Act
4444 5 ILCS 100/5-45.65 new
4545 230 ILCS 45/25-10
4646 720 ILCS 5/28-1 from Ch. 38, par. 28-1
4747 720 ILCS 5/28-3 from Ch. 38, par. 28-3
4848 Creates the Fantasy Sports Consumer Protection Act. Provides that the Illinois Gaming Board may regulate the conduct of fantasy contest operators under the Act. Allows the Board to levy and collect fees, surcharges, civil penalties, and, on adjusted gross fantasy contest receipts imposed under the Act, monthly taxes, and identifies other powers and duties of the Board. Includes restrictions, including requiring licensing, of fantasy contest operators. Includes license requirements and requirements for allowable fantasy contests. Contains provisions relating to denial of a license, independent audits, reporting and investigation of prohibited conduct, taxes, compulsive gambling and voluntary self-exclusion, and supplier diversity goals for fantasy contest operators. Amends the Sports Wagering Act. Excludes fantasy contests from the definition of "sports wagering". Amends the Criminal Code of 2012. Provides that participants in fantasy contest wagering shall not be convicted of the offense of gambling when conducted in accordance with the Fantasy Sports Consumer Protection Act. Excludes any real estate, vehicle, boat, or any other property whatsoever used for the purposes of gambling under the Fantasy Sports Consumer Protection Act from the definition of "gambling place" under the offense of keeping a gambling place. Amends the Illinois Administrative Procedure Act. Grants the Illinois Gaming Board emergency rulemaking authority to implement the Fantasy Sports Consumer Protection Act. Effective immediately.
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8080 1 (3) the participant assembles, owns, or manages a
8181 2 fictional entry or roster of actual professional or
8282 3 amateur athletes, in real-world sports events, or an
8383 4 organized video game competition that is regulated by a
8484 5 governing body and that is held between professional
8585 6 players who play individually or as teams;
8686 7 (4) a participant competes for prizes awarded by a
8787 8 fantasy contest operator based on terms and conditions
8888 9 published by the fantasy contest operator and made known
8989 10 to the participant in advance of the contest;
9090 11 (5) winning outcomes are determined solely by clearly
9191 12 established scoring criteria based on one or more
9292 13 statistical results of the performance of an individual
9393 14 athlete, including, but not limited to, a fantasy score;
9494 15 and
9595 16 (6) no winning outcome is entirely based on the score,
9696 17 point spread, or any performance of any single actual team
9797 18 or combination of teams or solely on any single
9898 19 performance of an individual athlete or player in any
9999 20 single actual event.
100100 21 "Fantasy contest" includes both contests wherein participants
101101 22 compete against each other and contests wherein only a single
102102 23 participant competes against a target score set by the fantasy
103103 24 contest operator. "Fantasy contest" does not include any
104104 25 fantasy contest without an entry fee.
105105 26 "Fantasy contest operator" means a person or entity that
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116116 1 offers fantasy contests to members of the public. "Fantasy
117117 2 contest operator" does not include an Internet service
118118 3 provider or a provider of mobile data services merely as a
119119 4 result of that entity's transporting general traffic that may
120120 5 include a fantasy contest and does not include a fantasy
121121 6 contest participant by virtue of doing any combination of the
122122 7 following: (i) setting house rules for a contest; (ii)
123123 8 assigning a salary or target score to any eligible athlete or
124124 9 player; (iii) accepting an entry fee from a fantasy contest
125125 10 participant; or (iv) awarding or disbursing prizes in
126126 11 conformance with this Act.
127127 12 "Location percentage" means the percentage rounded to the
128128 13 nearest 0.1% of the total entry fees collected from players
129129 14 located in this State, divided by the total entry fees
130130 15 collected from all players in the fantasy contest.
131131 16 "Participant" means an individual who participates in a
132132 17 fantasy contest offered by a fantasy contest operator.
133133 18 "Prohibited participant" means an individual who has
134134 19 self-excluded under Section 45 or an athlete, coach, referee,
135135 20 trainer, or team staff when there is direct involvement of the
136136 21 athlete, coach, referee, trainer, or staff; the athlete's or
137137 22 staff's team; or the athletes that the coach coaches or the
138138 23 trainer trains.
139139 24 "Qualified applicant" means an applicant for a license
140140 25 under this Act whose application meets the mandatory minimum
141141 26 qualification criteria as required by the Board.
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152152 1 Section 10. Board duties and powers.
153153 2 (a) The Board may regulate the conduct of fantasy contest
154154 3 operators under this Act.
155155 4 (b) The Board shall adopt any rules the Board considers
156156 5 necessary for the successful implementation, administration,
157157 6 and enforcement of this Act. The Board shall adopt rules no
158158 7 later than 180 days after the effective date of this Act. Rules
159159 8 proposed by the Board may be adopted as emergency rules under
160160 9 Section 5-45 of the Illinois Administrative Procedure Act.
161161 10 (c) The Board shall levy and collect all fees, surcharges,
162162 11 civil penalties, and, on adjusted gross fantasy contest
163163 12 receipts imposed under this Act, monthly taxes as follows:
164164 13 (1) All registration and renewal fees collected under
165165 14 this Act shall be deposited and distributed as follows:
166166 15 (A) 85% of fees shall be deposited into the State
167167 16 Gaming Fund and used for the administration of this
168168 17 Act; and
169169 18 (B) 15% of fees shall be paid, subject to
170170 19 appropriation by the General Assembly, to the
171171 20 Department of Human Services for administration of
172172 21 programs for the treatment of compulsive gambling.
173173 22 (2) All taxes collected under Section 40 shall be
174174 23 deposited into the Common School Fund.
175175 24 (3) All civil penalties levied as a direct result of
176176 25 violations of this Act, less any costs incurred by the
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187187 1 Board during the course of investigation which resulted in
188188 2 the civil penalty, shall be paid, subject to appropriation
189189 3 by the General Assembly, to the Department of Human
190190 4 Services for administration of programs for the treatment
191191 5 of compulsive gambling.
192192 6 (d) The Board shall require fantasy contest operators to
193193 7 comply with the anti-money laundering standards, as defined by
194194 8 the federal Bank Secrecy Act of 1970 and the Anti-Money
195195 9 Laundering Act of 2020.
196196 10 (e) The Board shall verify that fantasy contest operators
197197 11 establish technical and operational measures to prevent
198198 12 underage participation in a fantasy contest.
199199 13 (f) The Board shall verify that fantasy contest operators
200200 14 deploy identity verification procedures, which may require the
201201 15 use of a reputable independent third party that is in the
202202 16 business of verifying an individual's personally identifiable
203203 17 information and can detect potential prohibited participants.
204204 18 (g) The Board shall verify that fantasy contest operators
205205 19 employ mechanisms on the operator's platform that are designed
206206 20 to detect and prevent unauthorized accounts and to detect and
207207 21 prevent fraud, money laundering, and collusion.
208208 22 (h) The Board shall require the use of geolocation
209209 23 technology to verify that a participant is not accessing the
210210 24 platform from a restricted jurisdiction.
211211 25 (i) The Board shall adopt rules establishing compulsive
212212 26 and problem gambling standards for fantasy contest operators
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223223 1 that are consistent with this Act.
224224 2 (j) The Board may exercise any other powers necessary to
225225 3 enforce the provisions of this Act that it regulates and the
226226 4 rules of the Board.
227227 5 (k) The Board and fantasy contest operator licensees may
228228 6 cooperate with investigations conducted by law enforcement
229229 7 agencies, including, but not limited to, providing and
230230 8 facilitating the provision of account-level entry and
231231 9 participation information.
232232 10 (l) A fantasy contest operator licensee shall make all
233233 11 reasonable efforts to promptly notify the Board of any
234234 12 information relating to:
235235 13 (1) a confirmed breach of the relevant sport's
236236 14 governing body's internal rules and codes of conduct
237237 15 pertaining to participation in real-money fantasy
238238 16 contests;
239239 17 (2) any conduct that corrupts any outcome related to a
240240 18 sports event or sports events for purposes of financial
241241 19 gain, including match fixing; and
242242 20 (3) confirmed illegal activities, including use of
243243 21 funds derived from illegal activity, entries to conceal or
244244 22 launder funds derived from illegal activity,
245245 23 multi-accounting, and using false identification.
246246 24 Section 15. License.
247247 25 (a) Except as otherwise provided in this Section, a person
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258258 1 may not offer fantasy contests in this State unless the person
259259 2 is licensed by the Board as a fantasy contest operator.
260260 3 (b) An applicant for a license issued under this Act shall
261261 4 submit an application to the Board in the form the Board
262262 5 requires. The applicant shall submit fingerprints for a
263263 6 national criminal history record check by a law enforcement
264264 7 agency. The fingerprints shall be furnished by the applicant's
265265 8 owners, officers, and directors (if a corporation), managers
266266 9 and members (if a limited liability company), and partners (if
267267 10 a partnership). The fingerprints shall be accompanied by a
268268 11 signed authorization for the release of information by the law
269269 12 enforcement agency. The Board may require additional
270270 13 background checks on licensees when they apply for license
271271 14 renewal, and an applicant convicted of a disqualifying offense
272272 15 shall not be licensed. This subsection does not require an
273273 16 applicant or individual who has submitted to a national
274274 17 criminal history record check in this State or any other state
275275 18 within the 12 months before submitting the application to
276276 19 resubmit to another criminal history record check if the
277277 20 applicant or individual submits the results of the previous
278278 21 criminal history record check and affirms that there has been
279279 22 no material change in the criminal history since the time of
280280 23 the criminal history record check.
281281 24 (c) The information required by the Board shall include
282282 25 documentation of all of the following:
283283 26 (1) The name of the applicant.
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294294 1 (2) The location of the applicant's principal place of
295295 2 business.
296296 3 (3) The applicant's contact information.
297297 4 (4) The applicant's social security number or, if
298298 5 applicable, the applicant's federal tax identification
299299 6 number.
300300 7 (5) The name and address of each individual that holds
301301 8 a 10% or more ownership interest in the applicant or in
302302 9 shares of the applicant.
303303 10 (6) The applicant's criminal record, if any, or, if
304304 11 the applicant is a business entity, on request, any
305305 12 criminal record of an individual who is a director,
306306 13 officer, or key employee of the applicant or any
307307 14 individual who has a 10% or more ownership interest in the
308308 15 applicant.
309309 16 (7) Any ownership interest that a director, officer,
310310 17 key employee, or individual owner of 10% or more of the
311311 18 applicant holds in a business that is or was a fantasy
312312 19 contest operator or similar entity in any jurisdiction.
313313 20 (8) An identification of any business in which an
314314 21 applicant or a director, officer, key employee, or
315315 22 individual owner of 10% or more of the applicant has an
316316 23 equity interest of 5% or more. If a business has been
317317 24 identified under this paragraph, documentation must be
318318 25 provided showing the state in which the business is
319319 26 incorporated or registered, if applicable.
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330330 1 (9) Whether an applicant, director, officer, key
331331 2 employee, or individual owner of 10% or more of the
332332 3 applicant has ever applied for or been granted any
333333 4 license, registration, or certificate issued by a
334334 5 licensing authority in this State or any other
335335 6 jurisdiction for a gaming activity.
336336 7 (10) Whether an applicant or a director, officer, key
337337 8 employee, or individual owner of 10% or more of the
338338 9 applicant has filed or been served with a complaint or
339339 10 other notice filed by a public body regarding the
340340 11 delinquency in payment of or dispute over filings
341341 12 concerning the payment of any tax required under federal,
342342 13 State, or local law, including the amount of tax, the type
343343 14 of tax, the taxing agency, and the time periods involved.
344344 15 (11) Information sufficient to show, as determined by
345345 16 the Board, that the applicant can meet the requirements of
346346 17 procedures submitted by the applicant under the Act and
347347 18 under any rules adopted under this Act.
348348 19 (12) The Board may adopt rules to establish additional
349349 20 qualifications and requirements to preserve the integrity
350350 21 and security of fantasy contests in this State and to
351351 22 promote and maintain a competitive fantasy sports market.
352352 23 (d) On receipt of a completed application and the required
353353 24 fee, the Board shall conduct the necessary background
354354 25 investigation to determine if the applicant meets the
355355 26 qualifications for licensure. On completion of the necessary
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366366 1 background investigation, the Board shall either issue a
367367 2 license or deny the application. If the application for
368368 3 licensure is denied, a statement setting forth the grounds for
369369 4 denial shall be forwarded to the applicant together with all
370370 5 other documents relied on by the Board, to the extent allowed
371371 6 by law.
372372 7 Section 20. Fantasy contests.
373373 8 (a) Any fantasy contest conducted under this Act does not
374374 9 constitute gambling for any purpose, including under Article
375375 10 28 of the Criminal Code of 1961 or the Criminal Code of 2012.
376376 11 (b) Notwithstanding any provision of law to the contrary,
377377 12 the operation of fantasy contests is only lawful when
378378 13 conducted in accordance with the provisions of this Act.
379379 14 (c) A person participating in a fantasy contest under this
380380 15 Act shall be at least 21 years of age.
381381 16 (d) A licensee under this Act may only accept an entry from
382382 17 a person physically located in the State. A fantasy contest
383383 18 operator must use a geolocation system to ensure that a
384384 19 participant is physically present in the State when
385385 20 participating in the fantasy contest unless otherwise
386386 21 authorized by the Board.
387387 22 (e) This Act shall be construed liberally to promote the
388388 23 general welfare of the public and integrity of the fantasy
389389 24 sports industry. However, the Board may not adopt rules
390390 25 limiting or regulating the rules or administration of an
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401401 1 individual fantasy contest, the statistical makeup of a
402402 2 fantasy contest, or the digital platform of a fantasy contest
403403 3 operator.
404404 4 (f) No licensed fantasy contest operator shall be forced
405405 5 to surrender or terminate its license prior to the date of
406406 6 expiration of the license solely by virtue of a change in the
407407 7 rules adopted under this Act.
408408 8 Section 25. Issuance and denial of license.
409409 9 (a) The initial license fee for a fantasy contest operator
410410 10 that operated in Illinois before the effective date of this
411411 11 Act shall be 8% of its adjusted gross fantasy contest receipts
412412 12 from the preceding calendar year or $1,000,000, whichever is
413413 13 less. The initial license fee for a fantasy contest operator
414414 14 that did not operate in Illinois for at least 12 months before
415415 15 the effective date of this Act shall be $10,000, except, if a
416416 16 fantasy contest operator has 10,000 or more fantasy contest
417417 17 participants in Illinois with an active account who
418418 18 participated in at least one fantasy contest with an entry
419419 19 fee, then the fantasy contest operator shall notify the Board
420420 20 and remit an application fee in the amount of $990,000 within
421421 21 10 days of notifying the Board.
422422 22 (b) A fantasy contest operator that was offering contests
423423 23 to persons located in Illinois before the effective date of
424424 24 this Act pursuant to a bona fide attorney opinion letter may
425425 25 continue to offer contests to persons located in Illinois
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436436 1 until the fantasy contest operator's application for licensure
437437 2 has been approved or denied under this Act if the fantasy
438438 3 contest operator files an application for licensure with the
439439 4 Board within 90 days after the adoption of rules to effectuate
440440 5 this Act.
441441 6 (c) Licenses issued by the Board shall remain in effect
442442 7 for 4 years. The Board shall establish a process for renewal
443443 8 with a renewal fee being 1% of the adjusted gross fantasy
444444 9 contests receipts for the preceding 4 years.
445445 10 (d) A fantasy contest operator that allows its license to
446446 11 lapse, without requesting an extension of time to file, shall
447447 12 resubmit an initial application. An extension may be granted
448448 13 by the Board upon receipt of a written request.
449449 14 (e) A fantasy contest operator applying for a license or
450450 15 renewal of a license may operate during the application period
451451 16 unless the Board has reasonable cause to believe that the
452452 17 fantasy contest operator is or may be in violation of the
453453 18 provisions of this Act and the Board requires the fantasy
454454 19 contest operator to suspend the operation of any fantasy
455455 20 contest until the license or renewal of a license is issued.
456456 21 Section 30. Independent audits.
457457 22 (a) As part of its submission for licensure or renewal, an
458458 23 applicant shall: (i) contract with a certified public
459459 24 accountant to conduct an independent audit, consistent with
460460 25 generally accepted accounting principles; (ii) annually
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471471 1 contract with a testing laboratory recognized by the Board to
472472 2 verify compliance with the provisions of this Act; and (iii)
473473 3 submit to the Board a copy of the audit report and a report of
474474 4 the testing laboratory.
475475 5 (b) An initial applicant is not required to submit an
476476 6 audit report and report of the testing laboratory until the 24
477477 7 months following the issuance of a licensee to the licensee.
478478 8 Section 35. Reporting prohibited conduct; investigations
479479 9 of prohibited conduct.
480480 10 (a) The Board shall investigate all reasonable allegations
481481 11 of prohibited conduct and refer any allegations it deems
482482 12 credible to the appropriate law enforcement entity.
483483 13 (b) The identity of any reporting person shall remain
484484 14 confidential unless that person authorizes disclosure of the
485485 15 person's identity or until the allegation of prohibited
486486 16 conduct is referred to law enforcement.
487487 17 (c) If the Board receives a complaint of prohibited
488488 18 conduct by an athlete, the Board shall notify the appropriate
489489 19 sports governing body of the athlete to review the complaint
490490 20 as provided by rule of the Board.
491491 21 (d) The Board shall adopt rules governing investigations
492492 22 of prohibited conduct and referrals to law enforcement
493493 23 entities.
494494 24 Section 40. Tax. Beginning on July 1, 2025, for the
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505505 1 privilege of holding a license to operate fantasy contests
506506 2 under this Act, this State shall impose and collect a tax at a
507507 3 rate of at least 10% but not more than 15%, as determined by
508508 4 rule of the Board, of the fantasy contest operator's adjusted
509509 5 gross fantasy contests receipts. The accrual method of
510510 6 accounting shall be used for purposes of calculating the
511511 7 amount of the tax owed by the licensee. The fantasy contest
512512 8 operator shall submit to the Board, on or before the last day
513513 9 of each calendar month, a return indicating the amount of tax
514514 10 due under this Section for the previous calendar month as well
515515 11 as any other information the Board shall require by rule and
516516 12 shall remit to the Board payment of the tax due under this
517517 13 Section with that return.
518518 14 Section 45. Compulsive gaming; voluntary self-exclusion.
519519 15 (a) Each licensee shall include a statement regarding
520520 16 obtaining assistance with real-money gaming problems on the
521521 17 licensee's portal, website, or computer or mobile application
522522 18 and on all marketing materials and advertisements of the
523523 19 licensee.
524524 20 (b) A resident, or nonresident if allowed to participate
525525 21 in fantasy contests, may voluntarily prohibit the resident or
526526 22 nonresident from establishing a fantasy contest account with a
527527 23 fantasy contest operator under this Act. The Board shall
528528 24 incorporate the voluntary self-exclusion program for fantasy
529529 25 contests into any existing self-exclusion program that it
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540540 1 operates on the effective date of this Act.
541541 2 (c) If a self-excluded person participates in a fantasy
542542 3 contest, the fantasy contest operator shall report to the
543543 4 Board, at a minimum, the name of the self-excluded person, the
544544 5 date of participation, the amount or value of any money,
545545 6 prizes, or awards forfeited, if any, and any other action
546546 7 taken.
547547 8 (d) A fantasy contest operator may not pay any prize or
548548 9 award to a person who is on the Board's self-exclusion list.
549549 10 Any prize or award won by a person on the self-exclusion list
550550 11 is forfeited and shall be donated by the fantasy contest
551551 12 operator to the problem gaming charities or programs as
552552 13 identified and directed by the Board on a quarterly basis by
553553 14 the twenty-fifth day of the following month.
554554 15 (e) A fantasy contest operator shall develop and maintain
555555 16 a program to mitigate compulsive play and curtail compulsive
556556 17 play, which may be in conjunction with the Board.
557557 18 Section 50. Supplier diversity goals for fantasy contest
558558 19 operators.
559559 20 (a) The Board shall require licensees under this Act to
560560 21 submit an annual report, in a searchable Adobe PDF format, on
561561 22 all procurement goals and actual spending for businesses owned
562562 23 by women, minorities, veterans, tribal and indigenous persons,
563563 24 and persons with disabilities and for all small business
564564 25 enterprises in the previous calendar year. These goals shall
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575575 1 be expressed as a percentage of the total work performed by the
576576 2 entity submitting the report, and the actual spending for all
577577 3 businesses owned by women, minorities, veterans, tribal and
578578 4 indigenous persons, and persons with disabilities and for all
579579 5 small business enterprises shall also be expressed as a
580580 6 percentage of the total work performed by the entity
581581 7 submitting the report. The initial report shall be due one
582582 8 year after the effective date of this Act and once every 2
583583 9 years thereafter.
584584 10 (b) Each licensee in its annual report shall include the
585585 11 following information:
586586 12 (1) an explanation of the plan for the next year to
587587 13 increase participation;
588588 14 (2) an explanation of the plan to increase the goals;
589589 15 (3) the areas of procurement each licensee shall be
590590 16 actively seeking more participation in the next year;
591591 17 (4) an outline of the plan to alert and encourage
592592 18 potential vendors in that area to seek business from the
593593 19 licensee;
594594 20 (5) an explanation of the challenges faced in finding
595595 21 quality vendors and offer any suggestions for what the
596596 22 Board could do to be helpful to identify those vendors;
597597 23 (6) a list of the certifications the licensee
598598 24 recognizes;
599599 25 (7) the point of contact for any potential vendor who
600600 26 wishes to do business with the licensee and explain the
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611611 1 process for a vendor to enroll with the licensee as a
612612 2 businesses owned by women, minorities, veterans, tribal
613613 3 and indigenous persons, or persons with disabilities; and
614614 4 (8) any particular success stories to encourage other
615615 5 licensees to emulate best practices.
616616 6 (c) Each annual report shall include as much
617617 7 State-specific data as possible. If the submitting entity does
618618 8 not submit State-specific data, then the licensee shall
619619 9 include any national data it does have and explain why it could
620620 10 not submit State-specific data and how it intends to do so in
621621 11 future reports, if possible.
622622 12 (d) Each annual report shall include the rules,
623623 13 regulations, and definitions used for the procurement goals in
624624 14 the licensee's annual report.
625625 15 Section 100. The Illinois Administrative Procedure Act is
626626 16 amended by adding Section 5-45.65 as follows:
627627 17 (5 ILCS 100/5-45.65 new)
628628 18 Sec. 5-45.65. Emergency rulemaking; Illinois Gaming Board.
629629 19 To provide for the expeditious and timely implementation of
630630 20 this amendatory Act of the 104th General Assembly, emergency
631631 21 rules implementing the Fantasy Sports Consumer Protection Act
632632 22 may be adopted in accordance with Section 5-45 by the Illinois
633633 23 Gaming Board. The adoption of emergency rules authorized by
634634 24 Section 5-45 and this Section is deemed to be necessary for the
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645645 1 public interest, safety, and welfare.
646646 2 This Section is repealed one year after the effective date
647647 3 of this amendatory Act of the 104th General Assembly.
648648 4 Section 105. The Sports Wagering Act is amended by
649649 5 changing Section 25-10 as follows:
650650 6 (230 ILCS 45/25-10)
651651 7 Sec. 25-10. Definitions. As used in this Act:
652652 8 "Adjusted gross sports wagering receipts" means a master
653653 9 sports wagering licensee's gross sports wagering receipts,
654654 10 less winnings paid to wagerers in such games.
655655 11 "Athlete" means any current or former professional athlete
656656 12 or collegiate athlete.
657657 13 "Board" means the Illinois Gaming Board.
658658 14 "Covered persons" includes athletes; umpires, referees,
659659 15 and officials; personnel associated with clubs, teams,
660660 16 leagues, and athletic associations; medical professionals
661661 17 (including athletic trainers) who provide services to athletes
662662 18 and players; and the family members and associates of these
663663 19 persons where required to serve the purposes of this Act.
664664 20 "Department" means the Department of the Lottery.
665665 21 "Gaming facility" means a facility at which gambling
666666 22 operations are conducted under the Illinois Gambling Act,
667667 23 pari-mutuel wagering is conducted under the Illinois Horse
668668 24 Racing Act of 1975, or sports wagering is conducted under this
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679679 1 Act.
680680 2 "Official league data" means statistics, results,
681681 3 outcomes, and other data related to a sports event obtained
682682 4 pursuant to an agreement with the relevant sports governing
683683 5 body, or an entity expressly authorized by the sports
684684 6 governing body to provide such information to licensees, that
685685 7 authorizes the use of such data for determining the outcome of
686686 8 tier 2 sports wagers on such sports events.
687687 9 "Organization licensee" has the meaning given to that term
688688 10 in the Illinois Horse Racing Act of 1975.
689689 11 "Owners licensee" means the holder of an owners license
690690 12 under the Illinois Gambling Act.
691691 13 "Person" means an individual, partnership, committee,
692692 14 association, corporation, or any other organization or group
693693 15 of persons.
694694 16 "Personal biometric data" means an athlete's information
695695 17 derived from DNA, heart rate, blood pressure, perspiration
696696 18 rate, internal or external body temperature, hormone levels,
697697 19 glucose levels, hydration levels, vitamin levels, bone
698698 20 density, muscle density, and sleep patterns.
699699 21 "Prohibited conduct" includes any statement, action, and
700700 22 other communication intended to influence, manipulate, or
701701 23 control a betting outcome of a sporting contest or of any
702702 24 individual occurrence or performance in a sporting contest in
703703 25 exchange for financial gain or to avoid financial or physical
704704 26 harm. "Prohibited conduct" includes statements, actions, and
705705
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715715 1 communications made to a covered person by a third party, such
716716 2 as a family member or through social media. "Prohibited
717717 3 conduct" does not include statements, actions, or
718718 4 communications made or sanctioned by a team or sports
719719 5 governing body.
720720 6 "Qualified applicant" means an applicant for a license
721721 7 under this Act whose application meets the mandatory minimum
722722 8 qualification criteria as required by the Board.
723723 9 "Sporting contest" means a sports event or game on which
724724 10 the State allows sports wagering to occur under this Act.
725725 11 "Sports event" means a professional sport or athletic
726726 12 event, a collegiate sport or athletic event, a motor race
727727 13 event, or any other event or competition of relative skill
728728 14 authorized by the Board under this Act.
729729 15 "Sports facility" means a facility that hosts sports
730730 16 events and holds a seating capacity greater than 17,000
731731 17 persons, except in a municipality with a population of more
732732 18 than 1,000,000, a seating capacity greater than 10,000
733733 19 persons.
734734 20 "Sports governing body" means the organization that
735735 21 prescribes final rules and enforces codes of conduct with
736736 22 respect to a sports event and participants therein.
737737 23 "Sports wagering" means accepting wagers on sports events
738738 24 or portions of sports events, or on the individual performance
739739 25 statistics of athletes in a sports event or combination of
740740 26 sports events, by any system or method of wagering, including,
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751751 1 but not limited to, in person or over the Internet through
752752 2 websites and on mobile devices. "Sports wagering" includes,
753753 3 but is not limited to, single-game bets, teaser bets, parlays,
754754 4 over-under, moneyline, pools, exchange wagering, in-game
755755 5 wagering, in-play bets, proposition bets, and straight bets.
756756 6 "Sports wagering" does not include fantasy contests as that
757757 7 term is defined in Section 5 of the Fantasy Sports Consumer
758758 8 Protection Act.
759759 9 "Sports wagering account" means a financial record
760760 10 established by a master sports wagering licensee for an
761761 11 individual patron in which the patron may deposit and withdraw
762762 12 funds for sports wagering and other authorized purchases and
763763 13 to which the master sports wagering licensee may credit
764764 14 winnings or other amounts due to that patron or authorized by
765765 15 that patron.
766766 16 "Tier 1 sports wager" means a sports wager that is
767767 17 determined solely by the final score or final outcome of the
768768 18 sports event and is placed before the sports event has begun.
769769 19 "Tier 2 sports wager" means a sports wager that is not a
770770 20 tier 1 sports wager.
771771 21 "Wager" means a sum of money or thing of value risked on an
772772 22 uncertain occurrence.
773773 23 "Winning bidder" means a qualified applicant for a master
774774 24 sports wagering license chosen through the competitive
775775 25 selection process under Section 25-45.
776776 26 (Source: P.A. 101-31, eff. 6-28-19; 102-689, eff. 12-17-21.)
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787787 1 Section 110. The Criminal Code of 2012 is amended by
788788 2 changing Sections 28-1 and 28-3 as follows:
789789 3 (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
790790 4 Sec. 28-1. Gambling.
791791 5 (a) A person commits gambling when he or she:
792792 6 (1) knowingly plays a game of chance or skill for
793793 7 money or other thing of value, unless excepted in
794794 8 subsection (b) of this Section;
795795 9 (2) knowingly makes a wager upon the result of any
796796 10 game, contest, or any political nomination, appointment or
797797 11 election;
798798 12 (3) knowingly operates, keeps, owns, uses, purchases,
799799 13 exhibits, rents, sells, bargains for the sale or lease of,
800800 14 manufactures or distributes any gambling device;
801801 15 (4) contracts to have or give himself or herself or
802802 16 another the option to buy or sell, or contracts to buy or
803803 17 sell, at a future time, any grain or other commodity
804804 18 whatsoever, or any stock or security of any company, where
805805 19 it is at the time of making such contract intended by both
806806 20 parties thereto that the contract to buy or sell, or the
807807 21 option, whenever exercised, or the contract resulting
808808 22 therefrom, shall be settled, not by the receipt or
809809 23 delivery of such property, but by the payment only of
810810 24 differences in prices thereof; however, the issuance,
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821821 1 purchase, sale, exercise, endorsement or guarantee, by or
822822 2 through a person registered with the Secretary of State
823823 3 pursuant to Section 8 of the Illinois Securities Law of
824824 4 1953, or by or through a person exempt from such
825825 5 registration under said Section 8, of a put, call, or
826826 6 other option to buy or sell securities which have been
827827 7 registered with the Secretary of State or which are exempt
828828 8 from such registration under Section 3 of the Illinois
829829 9 Securities Law of 1953 is not gambling within the meaning
830830 10 of this paragraph (4);
831831 11 (5) knowingly owns or possesses any book, instrument
832832 12 or apparatus by means of which bets or wagers have been, or
833833 13 are, recorded or registered, or knowingly possesses any
834834 14 money which he has received in the course of a bet or
835835 15 wager;
836836 16 (6) knowingly sells pools upon the result of any game
837837 17 or contest of skill or chance, political nomination,
838838 18 appointment or election;
839839 19 (7) knowingly sets up or promotes any lottery or
840840 20 sells, offers to sell or transfers any ticket or share for
841841 21 any lottery;
842842 22 (8) knowingly sets up or promotes any policy game or
843843 23 sells, offers to sell or knowingly possesses or transfers
844844 24 any policy ticket, slip, record, document or other similar
845845 25 device;
846846 26 (9) knowingly drafts, prints or publishes any lottery
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857857 1 ticket or share, or any policy ticket, slip, record,
858858 2 document or similar device, except for such activity
859859 3 related to lotteries, bingo games and raffles authorized
860860 4 by and conducted in accordance with the laws of Illinois
861861 5 or any other state or foreign government;
862862 6 (10) knowingly advertises any lottery or policy game,
863863 7 except for such activity related to lotteries, bingo games
864864 8 and raffles authorized by and conducted in accordance with
865865 9 the laws of Illinois or any other state;
866866 10 (11) knowingly transmits information as to wagers,
867867 11 betting odds, or changes in betting odds by telephone,
868868 12 telegraph, radio, semaphore or similar means; or knowingly
869869 13 installs or maintains equipment for the transmission or
870870 14 receipt of such information; except that nothing in this
871871 15 subdivision (11) prohibits transmission or receipt of such
872872 16 information for use in news reporting of sporting events
873873 17 or contests; or
874874 18 (12) knowingly establishes, maintains, or operates an
875875 19 Internet site that permits a person to play a game of
876876 20 chance or skill for money or other thing of value by means
877877 21 of the Internet or to make a wager upon the result of any
878878 22 game, contest, political nomination, appointment, or
879879 23 election by means of the Internet. This item (12) does not
880880 24 apply to activities referenced in items (6), (6.1), (8),
881881 25 (8.1), and (15), and (16) of subsection (b) of this
882882 26 Section.
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893893 1 (b) Participants in any of the following activities shall
894894 2 not be convicted of gambling:
895895 3 (1) Agreements to compensate for loss caused by the
896896 4 happening of chance including without limitation contracts
897897 5 of indemnity or guaranty and life or health or accident
898898 6 insurance.
899899 7 (2) Offers of prizes, award or compensation to the
900900 8 actual contestants in any bona fide contest for the
901901 9 determination of skill, speed, strength or endurance or to
902902 10 the owners of animals or vehicles entered in such contest.
903903 11 (3) Pari-mutuel betting as authorized by the law of
904904 12 this State.
905905 13 (4) Manufacture of gambling devices, including the
906906 14 acquisition of essential parts therefor and the assembly
907907 15 thereof, for transportation in interstate or foreign
908908 16 commerce to any place outside this State when such
909909 17 transportation is not prohibited by any applicable Federal
910910 18 law; or the manufacture, distribution, or possession of
911911 19 video gaming terminals, as defined in the Video Gaming
912912 20 Act, by manufacturers, distributors, and terminal
913913 21 operators licensed to do so under the Video Gaming Act.
914914 22 (5) The game commonly known as "bingo", when conducted
915915 23 in accordance with the Bingo License and Tax Act.
916916 24 (6) Lotteries when conducted by the State of Illinois
917917 25 in accordance with the Illinois Lottery Law. This
918918 26 exemption includes any activity conducted by the
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929929 1 Department of Revenue to sell lottery tickets pursuant to
930930 2 the provisions of the Illinois Lottery Law and its rules.
931931 3 (6.1) The purchase of lottery tickets through the
932932 4 Internet for a lottery conducted by the State of Illinois
933933 5 under the program established in Section 7.12 of the
934934 6 Illinois Lottery Law.
935935 7 (7) Possession of an antique slot machine that is
936936 8 neither used nor intended to be used in the operation or
937937 9 promotion of any unlawful gambling activity or enterprise.
938938 10 For the purpose of this subparagraph (b)(7), an antique
939939 11 slot machine is one manufactured 25 years ago or earlier.
940940 12 (8) Raffles and poker runs when conducted in
941941 13 accordance with the Raffles and Poker Runs Act.
942942 14 (8.1) The purchase of raffle chances for a raffle
943943 15 conducted in accordance with the Raffles and Poker Runs
944944 16 Act.
945945 17 (9) Charitable games when conducted in accordance with
946946 18 the Charitable Games Act.
947947 19 (10) Pull tabs and jar games when conducted under the
948948 20 Illinois Pull Tabs and Jar Games Act.
949949 21 (11) Gambling games when authorized by the Illinois
950950 22 Gambling Act.
951951 23 (12) Video gaming terminal games at a licensed
952952 24 establishment, licensed truck stop establishment, licensed
953953 25 large truck stop establishment, licensed fraternal
954954 26 establishment, or licensed veterans establishment when
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965965 1 conducted in accordance with the Video Gaming Act.
966966 2 (13) Games of skill or chance where money or other
967967 3 things of value can be won but no payment or purchase is
968968 4 required to participate.
969969 5 (14) Savings promotion raffles authorized under
970970 6 Section 5g of the Illinois Banking Act, Section 7008 of
971971 7 the Savings Bank Act, Section 42.7 of the Illinois Credit
972972 8 Union Act, Section 5136B of the National Bank Act (12
973973 9 U.S.C. 25a), or Section 4 of the Home Owners' Loan Act (12
974974 10 U.S.C. 1463).
975975 11 (15) Sports wagering when conducted in accordance with
976976 12 the Sports Wagering Act.
977977 13 (16) Fantasy contest wagering when conducted in
978978 14 accordance with the Fantasy Sports Consumer Protection
979979 15 Act.
980980 16 (c) Sentence.
981981 17 Gambling is a Class A misdemeanor. A second or subsequent
982982 18 conviction under subsections (a)(3) through (a)(12), is a
983983 19 Class 4 felony.
984984 20 (d) Circumstantial evidence.
985985 21 In prosecutions under this Section circumstantial evidence
986986 22 shall have the same validity and weight as in any criminal
987987 23 prosecution.
988988 24 (Source: P.A. 101-31, Article 25, Section 25-915, eff.
989989 25 6-28-19; 101-31, Article 35, Section 35-80, eff. 6-28-19;
990990 26 101-109, eff. 7-19-19; 102-558, eff. 8-20-21.)
991991
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10011001 1 (720 ILCS 5/28-3) (from Ch. 38, par. 28-3)
10021002 2 Sec. 28-3. Keeping a gambling place. A "gambling place" is
10031003 3 any real estate, vehicle, boat, or any other property
10041004 4 whatsoever used for the purposes of gambling other than
10051005 5 gambling conducted in the manner authorized by the Illinois
10061006 6 Gambling Act, the Sports Wagering Act, or the Video Gaming
10071007 7 Act, or the Fantasy Sports Consumer Protection Act. Any person
10081008 8 who knowingly permits any premises or property owned or
10091009 9 occupied by him or under his control to be used as a gambling
10101010 10 place commits a Class A misdemeanor. Each subsequent offense
10111011 11 is a Class 4 felony. When any premises is determined by the
10121012 12 circuit court to be a gambling place:
10131013 13 (a) Such premises is a public nuisance and may be
10141014 14 proceeded against as such, and
10151015 15 (b) All licenses, permits or certificates issued by
10161016 16 the State of Illinois or any subdivision or public agency
10171017 17 thereof authorizing the serving of food or liquor on such
10181018 18 premises shall be void; and no license, permit or
10191019 19 certificate so cancelled shall be reissued for such
10201020 20 premises for a period of 60 days thereafter; nor shall any
10211021 21 person convicted of keeping a gambling place be reissued
10221022 22 such license for one year from his conviction and, after a
10231023 23 second conviction of keeping a gambling place, any such
10241024 24 person shall not be reissued such license, and
10251025 25 (c) Such premises of any person who knowingly permits
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10361036 1 thereon a violation of any Section of this Article shall
10371037 2 be held liable for, and may be sold to pay any unsatisfied
10381038 3 judgment that may be recovered and any unsatisfied fine
10391039 4 that may be levied under any Section of this Article.
10401040 5 (Source: P.A. 101-31, Article 25, Section 25-915, eff.
10411041 6 6-28-19; 101-31, Article 35, Section 35-80, eff. 6-28-19;
10421042 7 102-558, eff. 8-20-21.)
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