Illinois 2025-2026 Regular Session

Illinois Senate Bill SB2145 Compare Versions

Only one version of the bill is available at this time.

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1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2145 Introduced 2/7/2025, by Sen. Bill Cunningham SYNOPSIS AS INTRODUCED: See Index Amends the Sports Wagering Act. Allows a licensee to offer pool sports wagering to State patrons where State patrons compete against patrons located outside of the State. Allows the Illinois Gaming Board to issue master sports wagering licenses to persons to conduct sports wagering over the Internet or through a mobile application (rather than issue 3 master sports wagering licenses to online sports wagering operators for a nonrefundable license fee of $20,000,000 pursuant to an open and competitive selection process). Provides that the application fee for a master sports wagering license is $250,000 while the initial fee for a master sports wagering license issued to an online sports wagering operator is $15,000,000. Provides that a master sports wagering license is valid for 4 years and may be renewed for another 4 years by paying a $1,000,000 renewal fee. Allows the Board to regulate the conduct of fantasy contest operators under the Act. Sets forth rulemaking authority, fees, surcharges, civil penalties, and monthly taxes, Board powers, and cooperation with law enforcement investigations. Prohibits a person from offering fantasy contests in the State unless the person is licensed by the Board as a fantasy contest operator for an application fee of $50,000. Sets forth applicant requirements. Prohibits a person from participating in a fantasy contest if the person is not at least 21 years of age. Sets forth the duties of fantasy contest licensees. Provides that, beginning July 1, 2025, the State shall impose a privilege tax on the fantasy contest operator licensee's adjusted gross fantasy contest receipts based on the following rates: (1) 20% of annual adjusted gross fantasy contest receipts to and including $1,000,000; (2) 25% of annual adjusted gross fantasy contest receipts of $3,000,000 but not exceeding $5,000,000; (3) 30% of annual adjusted gross fantasy contest receipts of $5,000,000 but not exceeding $10,000,000; (4) 35% of annual adjusted gross fantasy contest receipts $10,000,000 but not exceeding $20,000,000; and (5) 40% of annual adjusted gross fantasy contest receipts in excess of $20,000,000. Makes other changes. Makes conforming changes in the Illinois Administrative Procedures Act and the Criminal Code of 2012. Effective immediately. LRB104 08583 LNS 18635 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2145 Introduced 2/7/2025, by Sen. Bill Cunningham SYNOPSIS AS INTRODUCED: See Index See Index Amends the Sports Wagering Act. Allows a licensee to offer pool sports wagering to State patrons where State patrons compete against patrons located outside of the State. Allows the Illinois Gaming Board to issue master sports wagering licenses to persons to conduct sports wagering over the Internet or through a mobile application (rather than issue 3 master sports wagering licenses to online sports wagering operators for a nonrefundable license fee of $20,000,000 pursuant to an open and competitive selection process). Provides that the application fee for a master sports wagering license is $250,000 while the initial fee for a master sports wagering license issued to an online sports wagering operator is $15,000,000. Provides that a master sports wagering license is valid for 4 years and may be renewed for another 4 years by paying a $1,000,000 renewal fee. Allows the Board to regulate the conduct of fantasy contest operators under the Act. Sets forth rulemaking authority, fees, surcharges, civil penalties, and monthly taxes, Board powers, and cooperation with law enforcement investigations. Prohibits a person from offering fantasy contests in the State unless the person is licensed by the Board as a fantasy contest operator for an application fee of $50,000. Sets forth applicant requirements. Prohibits a person from participating in a fantasy contest if the person is not at least 21 years of age. Sets forth the duties of fantasy contest licensees. Provides that, beginning July 1, 2025, the State shall impose a privilege tax on the fantasy contest operator licensee's adjusted gross fantasy contest receipts based on the following rates: (1) 20% of annual adjusted gross fantasy contest receipts to and including $1,000,000; (2) 25% of annual adjusted gross fantasy contest receipts of $3,000,000 but not exceeding $5,000,000; (3) 30% of annual adjusted gross fantasy contest receipts of $5,000,000 but not exceeding $10,000,000; (4) 35% of annual adjusted gross fantasy contest receipts $10,000,000 but not exceeding $20,000,000; and (5) 40% of annual adjusted gross fantasy contest receipts in excess of $20,000,000. Makes other changes. Makes conforming changes in the Illinois Administrative Procedures Act and the Criminal Code of 2012. Effective immediately. LRB104 08583 LNS 18635 b LRB104 08583 LNS 18635 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2145 Introduced 2/7/2025, by Sen. Bill Cunningham SYNOPSIS AS INTRODUCED:
3	3	See Index See Index
4	4	See Index
5	5	Amends the Sports Wagering Act. Allows a licensee to offer pool sports wagering to State patrons where State patrons compete against patrons located outside of the State. Allows the Illinois Gaming Board to issue master sports wagering licenses to persons to conduct sports wagering over the Internet or through a mobile application (rather than issue 3 master sports wagering licenses to online sports wagering operators for a nonrefundable license fee of $20,000,000 pursuant to an open and competitive selection process). Provides that the application fee for a master sports wagering license is $250,000 while the initial fee for a master sports wagering license issued to an online sports wagering operator is $15,000,000. Provides that a master sports wagering license is valid for 4 years and may be renewed for another 4 years by paying a $1,000,000 renewal fee. Allows the Board to regulate the conduct of fantasy contest operators under the Act. Sets forth rulemaking authority, fees, surcharges, civil penalties, and monthly taxes, Board powers, and cooperation with law enforcement investigations. Prohibits a person from offering fantasy contests in the State unless the person is licensed by the Board as a fantasy contest operator for an application fee of $50,000. Sets forth applicant requirements. Prohibits a person from participating in a fantasy contest if the person is not at least 21 years of age. Sets forth the duties of fantasy contest licensees. Provides that, beginning July 1, 2025, the State shall impose a privilege tax on the fantasy contest operator licensee's adjusted gross fantasy contest receipts based on the following rates: (1) 20% of annual adjusted gross fantasy contest receipts to and including $1,000,000; (2) 25% of annual adjusted gross fantasy contest receipts of $3,000,000 but not exceeding $5,000,000; (3) 30% of annual adjusted gross fantasy contest receipts of $5,000,000 but not exceeding $10,000,000; (4) 35% of annual adjusted gross fantasy contest receipts $10,000,000 but not exceeding $20,000,000; and (5) 40% of annual adjusted gross fantasy contest receipts in excess of $20,000,000. Makes other changes. Makes conforming changes in the Illinois Administrative Procedures Act and the Criminal Code of 2012. Effective immediately.
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11	11	1 AN ACT concerning gaming.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Illinois Administrative Procedure Act is
15	15	5 amended by adding Section 5-45.65 as follows:
16	16	6 (5 ILCS 100/5-45.65 new)
17	17	7 Sec. 5-45.65. Emergency rulemaking; Illinois Gaming Board.
18	18	8 To provide for the expeditious and timely implementation of
19	19	9 Sections 120 through 120.8 of the Sports Wagering Act,
20	20	10 emergency rules implementing the Sections 120 through 120.8 of
21	21	11 the Sports Wagering Act may be adopted in accordance with
22	22	12 Section 5-45 by the Illinois Gaming Board. The adoption of
23	23	13 emergency rules authorized by Section 5-45 and this Section is
24	24	14 deemed to be necessary for the public interest, safety, and
25	25	15 welfare.
26	26	16 This Section is repealed one year after the effective date
27	27	17 of this amendatory Act of the 104th General Assembly.
28	28	18 Section 10. The Sports Wagering Act is amended by changing
29	29	19 Sections 25-10, 25-25, 25-45, 25-95, and 25-100 and by adding
30	30	20 Sections 25-120, 25-120.1, 25-120.2, 25-120.3, 25-120.4,
31	31	21 25-120.5, 25-120.6, 25-120.7, and 25-120.8 as follows:
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35	35	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2145 Introduced 2/7/2025, by Sen. Bill Cunningham SYNOPSIS AS INTRODUCED:
36	36	See Index See Index
37	37	See Index
38	38	Amends the Sports Wagering Act. Allows a licensee to offer pool sports wagering to State patrons where State patrons compete against patrons located outside of the State. Allows the Illinois Gaming Board to issue master sports wagering licenses to persons to conduct sports wagering over the Internet or through a mobile application (rather than issue 3 master sports wagering licenses to online sports wagering operators for a nonrefundable license fee of $20,000,000 pursuant to an open and competitive selection process). Provides that the application fee for a master sports wagering license is $250,000 while the initial fee for a master sports wagering license issued to an online sports wagering operator is $15,000,000. Provides that a master sports wagering license is valid for 4 years and may be renewed for another 4 years by paying a $1,000,000 renewal fee. Allows the Board to regulate the conduct of fantasy contest operators under the Act. Sets forth rulemaking authority, fees, surcharges, civil penalties, and monthly taxes, Board powers, and cooperation with law enforcement investigations. Prohibits a person from offering fantasy contests in the State unless the person is licensed by the Board as a fantasy contest operator for an application fee of $50,000. Sets forth applicant requirements. Prohibits a person from participating in a fantasy contest if the person is not at least 21 years of age. Sets forth the duties of fantasy contest licensees. Provides that, beginning July 1, 2025, the State shall impose a privilege tax on the fantasy contest operator licensee's adjusted gross fantasy contest receipts based on the following rates: (1) 20% of annual adjusted gross fantasy contest receipts to and including $1,000,000; (2) 25% of annual adjusted gross fantasy contest receipts of $3,000,000 but not exceeding $5,000,000; (3) 30% of annual adjusted gross fantasy contest receipts of $5,000,000 but not exceeding $10,000,000; (4) 35% of annual adjusted gross fantasy contest receipts $10,000,000 but not exceeding $20,000,000; and (5) 40% of annual adjusted gross fantasy contest receipts in excess of $20,000,000. Makes other changes. Makes conforming changes in the Illinois Administrative Procedures Act and the Criminal Code of 2012. Effective immediately.
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47	47	See Index
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66	66	1 (230 ILCS 45/25-10)
67	67	2 Sec. 25-10. Definitions. As used in this Act:
68	68	3 "Adjusted gross sports wagering receipts" means a master
69	69	4 sports wagering licensee's gross sports wagering receipts,
70	70	5 less winnings paid to wagerers in such games.
71	71	6 "Athlete" means any current or former professional athlete
72	72	7 or collegiate athlete.
73	73	8 "Board" means the Illinois Gaming Board.
74	74	9 "Covered persons" includes athletes; umpires, referees,
75	75	10 and officials; personnel associated with clubs, teams,
76	76	11 leagues, and athletic associations; medical professionals
77	77	12 (including athletic trainers) who provide services to athletes
78	78	13 and players; and the family members and associates of these
79	79	14 persons where required to serve the purposes of this Act.
80	80	15 "Department" means the Department of the Lottery.
81	81	16 "Gaming facility" means a facility at which gambling
82	82	17 operations are conducted under the Illinois Gambling Act,
83	83	18 pari-mutuel wagering is conducted under the Illinois Horse
84	84	19 Racing Act of 1975, or sports wagering is conducted under this
85	85	20 Act.
86	86	21 "Official league data" means statistics, results,
87	87	22 outcomes, and other data related to a sports event obtained
88	88	23 pursuant to an agreement with the relevant sports governing
89	89	24 body, or an entity expressly authorized by the sports
90	90	25 governing body to provide such information to licensees, that
91	91	26 authorizes the use of such data for determining the outcome of
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102	102	1 tier 2 sports wagers on such sports events.
103	103	2 "Organization licensee" has the meaning given to that term
104	104	3 in the Illinois Horse Racing Act of 1975.
105	105	4 "Owners licensee" means the holder of an owners license
106	106	5 under the Illinois Gambling Act.
107	107	6 "Person" means an individual, partnership, committee,
108	108	7 association, corporation, or any other organization or group
109	109	8 of persons.
110	110	9 "Personal biometric data" means an athlete's information
111	111	10 derived from DNA, heart rate, blood pressure, perspiration
112	112	11 rate, internal or external body temperature, hormone levels,
113	113	12 glucose levels, hydration levels, vitamin levels, bone
114	114	13 density, muscle density, and sleep patterns.
115	115	14 "Prohibited conduct" includes any statement, action, and
116	116	15 other communication intended to influence, manipulate, or
117	117	16 control a betting outcome of a sporting contest or of any
118	118	17 individual occurrence or performance in a sporting contest in
119	119	18 exchange for financial gain or to avoid financial or physical
120	120	19 harm. "Prohibited conduct" includes statements, actions, and
121	121	20 communications made to a covered person by a third party, such
122	122	21 as a family member or through social media. "Prohibited
123	123	22 conduct" does not include statements, actions, or
124	124	23 communications made or sanctioned by a team or sports
125	125	24 governing body.
126	126	25 "Qualified applicant" means an applicant for a license
127	127	26 under this Act whose application meets the mandatory minimum
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138	138	1 qualification criteria as required by the Board.
139	139	2 "Sporting contest" means a sports event or game on which
140	140	3 the State allows sports wagering to occur under this Act.
141	141	4 "Sports event" means a professional sport or athletic
142	142	5 event, a collegiate sport or athletic event, a motor race
143	143	6 event, or any other event or competition of relative skill
144	144	7 authorized by the Board under this Act.
145	145	8 "Sports facility" means a facility that hosts sports
146	146	9 events and holds a seating capacity greater than 17,000
147	147	10 persons, except in a municipality with a population of more
148	148	11 than 1,000,000, a seating capacity greater than 10,000
149	149	12 persons.
150	150	13 "Sports governing body" means the organization that
151	151	14 prescribes final rules and enforces codes of conduct with
152	152	15 respect to a sports event and participants therein.
153	153	16 "Sports wagering" means accepting wagers on sports events
154	154	17 or portions of sports events, or on the individual performance
155	155	18 statistics of athletes in a sports event or combination of
156	156	19 sports events, by any system or method of wagering, including,
157	157	20 but not limited to, in person or over the Internet through
158	158	21 websites and on mobile devices. "Sports wagering" includes,
159	159	22 but is not limited to, single-game bets, teaser bets, parlays,
160	160	23 over-under, moneyline, pools, exchange wagering, in-game
161	161	24 wagering, in-play bets, proposition bets, and straight bets.
162	162	25 "Sports wagering" does not include fantasy contests as that
163	163	26 term is defined in Section 25-120.1.
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174	174	1 "Sports wagering account" means a financial record
175	175	2 established by a master sports wagering licensee for an
176	176	3 individual patron in which the patron may deposit and withdraw
177	177	4 funds for sports wagering and other authorized purchases and
178	178	5 to which the master sports wagering licensee may credit
179	179	6 winnings or other amounts due to that patron or authorized by
180	180	7 that patron.
181	181	8 "Tier 1 sports wager" means a sports wager that is
182	182	9 determined solely by the final score or final outcome of the
183	183	10 sports event and is placed before the sports event has begun.
184	184	11 "Tier 2 sports wager" means a sports wager that is not a
185	185	12 tier 1 sports wager.
186	186	13 "Wager" means a sum of money or thing of value risked on an
187	187	14 uncertain occurrence.
188	188	15 "Winning bidder" means a qualified applicant for a master
189	189	16 sports wagering license chosen through the competitive
190	190	17 selection process under Section 25-45.
191	191	18 (Source: P.A. 101-31, eff. 6-28-19; 102-689, eff. 12-17-21.)
192	192	19 (230 ILCS 45/25-25)
193	193	20 Sec. 25-25. Sports wagering authorized.
194	194	21 (a) Notwithstanding any provision of law to the contrary,
195	195	22 the operation of sports wagering is only lawful when conducted
196	196	23 in accordance with the provisions of this Act and the rules of
197	197	24 the Illinois Gaming Board and the Department of the Lottery.
198	198	25 (b) A person placing a wager under this Act shall be at
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209	209	1 least 21 years of age.
210	210	2 (c) A licensee under this Act may not accept a wager on a
211	211	3 minor league sports event.
212	212	4 (d) Except as otherwise provided in this Section, a
213	213	5 licensee under this Act may not accept a wager for a sports
214	214	6 event involving an Illinois collegiate team.
215	215	7 (d-5) Beginning on the effective date of this amendatory
216	216	8 Act of the 102nd General Assembly until July 1, 2024, a
217	217	9 licensee under this Act may accept a wager for a sports event
218	218	10 involving an Illinois collegiate team if:
219	219	11 (1) the wager is a tier 1 wager;
220	220	12 (2) the wager is not related to an individual
221	221	13 athlete's performance; and
222	222	14 (3) the wager is made in person instead of over the
223	223	15 Internet or through a mobile application.
224	224	16 (e) A licensee under this Act may only accept a wager from
225	225	17 a person physically located in the State.
226	226	18 (f) Master sports wagering licensees may use any data
227	227	19 source for determining the results of all tier 1 sports
228	228	20 wagers.
229	229	21 (g) A sports governing body headquartered in the United
230	230	22 States may notify the Board that it desires to supply official
231	231	23 league data to master sports wagering licensees for
232	232	24 determining the results of tier 2 sports wagers. Such
233	233	25 notification shall be made in the form and manner as the Board
234	234	26 may require. If a sports governing body does not notify the
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245	245	1 Board of its desire to supply official league data, a master
246	246	2 sports wagering licensee may use any data source for
247	247	3 determining the results of any and all tier 2 sports wagers on
248	248	4 sports contests for that sports governing body.
249	249	5 Within 30 days of a sports governing body notifying the
250	250	6 Board, master sports wagering licensees shall use only
251	251	7 official league data to determine the results of tier 2 sports
252	252	8 wagers on sports events sanctioned by that sports governing
253	253	9 body, unless: (1) the sports governing body or designee cannot
254	254	10 provide a feed of official league data to determine the
255	255	11 results of a particular type of tier 2 sports wager, in which
256	256	12 case master sports wagering licensees may use any data source
257	257	13 for determining the results of the applicable tier 2 sports
258	258	14 wager until such time as such data feed becomes available on
259	259	15 commercially reasonable terms; or (2) a master sports wagering
260	260	16 licensee can demonstrate to the Board that the sports
261	261	17 governing body or its designee cannot provide a feed of
262	262	18 official league data to the master sports wagering licensee on
263	263	19 commercially reasonable terms. During the pendency of the
264	264	20 Board's determination, such master sports wagering licensee
265	265	21 may use any data source for determining the results of any and
266	266	22 all tier 2 sports wagers.
267	267	23 (h) A licensee under this Act may not accept wagers on a
268	268	24 kindergarten through 12th grade sports event.
269	269	25 (i) A licensee may offer pool sports wagering to State
270	270	26 patrons where State patrons compete against patrons located
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281	281	1 outside of the State. In such cases, the pool must be expressly
282	282	2 permitted in all jurisdictions in which it is offered and must
283	283	3 comply with all laws, rules, and regulations in all
284	284	4 jurisdictions in which it is offered. The adjusted gross
285	285	5 sports wagering receipts of an interstate pool shall be
286	286	6 determined by the total value of all wagers placed in the State
287	287	7 less the proportional pro rata value of all winnings paid to
288	288	8 patrons. The pro rata value of all winnings shall be
289	289	9 determined by the ratio of the total value of all wagers placed
290	290	10 in the State divided by the total value of all wagers placed in
291	291	11 the pool, to the nearest .01%.
292	292	12 (Source: P.A. 102-689, eff. 12-17-21; 103-4, eff. 5-31-23.)
293	293	13 (230 ILCS 45/25-45)
294	294	14 Sec. 25-45. Master sports wagering license issued to an
295	295	15 online sports wagering operator.
296	296	16 (a) The Board may issue master sports wagering licenses to
297	297	17 persons to conduct sports wagering over the Internet or
298	298	18 through a mobile application. The Board shall issue 3 master
299	299	19 sports wagering licenses to online sports wagering operators
300	300	20 for a nonrefundable license fee of $20,000,000 pursuant to an
301	301	21 open and competitive selection process. The master sports
302	302	22 wagering license issued under this Section may be renewed
303	303	23 every 4 years upon payment of a $1,000,000 renewal fee. To the
304	304	24 extent permitted by federal and State law, the Board shall
305	305	25 actively seek to achieve racial, ethnic, and geographic
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316	316	1 diversity when issuing master sports wagering licenses under
317	317	2 this Section and encourage minority-owned businesses,
318	318	3 women-owned businesses, veteran-owned businesses, and
319	319	4 businesses owned by persons with disabilities to apply for
320	320	5 licensure.
321	321	6 For the purposes of this subsection (a), "minority-owned
322	322	7 business", "women-owned business", and "business owned by
323	323	8 persons with disabilities" have the meanings given to those
324	324	9 terms in Section 2 of the Business Enterprise for Minorities,
325	325	10 Women, and Persons with Disabilities Act.
326	326	11 (b) Applicants shall pay to the Board a nonrefundable
327	327	12 application fee in the amount of $250,000. The initial license
328	328	13 fee for a master sports wagering license issued to an online
329	329	14 sports wagering operator is $15,000,000. The master sports
330	330	15 wagering license is valid for 4 years. Applications for the
331	331	16 initial competitive selection occurring after the effective
332	332	17 date of this Act shall be received by the Board within 540 days
333	333	18 after the first license is issued under this Act to qualify.
334	334	19 The Board shall announce the winning bidders for the initial
335	335	20 competitive selection within 630 days after the first license
336	336	21 is issued under this Act, and this time frame may be extended
337	337	22 at the discretion of the Board.
338	338	23 (c) A licensee may renew the master sports wagering
339	339	24 license for a period of 4 years by paying a $1,000,000 renewal
340	340	25 fee to the Board. The Board shall provide public notice of its
341	341	26 intent to solicit applications for master sports wagering
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352	352	1 licenses under this Section by posting the notice, application
353	353	2 instructions, and materials on its website for at least 30
354	354	3 calendar days before the applications are due. Failure by an
355	355	4 applicant to submit all required information may result in the
356	356	5 application being disqualified. The Board may notify an
357	357	6 applicant that its application is incomplete and provide an
358	358	7 opportunity to cure by rule. Application instructions shall
359	359	8 include a brief overview of the selection process and how
360	360	9 applications are scored.
361	361	10 (d) A master sports wagering licensee may conduct sports
362	362	11 wagering over the Internet or through a mobile application. To
363	363	12 be eligible for a master sports wagering license under this
364	364	13 Section, an applicant must: (1) be at least 21 years of age;
365	365	14 (2) not have been convicted of a felony offense or a violation
366	366	15 of Article 28 of the Criminal Code of 1961 or the Criminal Code
367	367	16 of 2012 or a similar statute of any other jurisdiction; (3) not
368	368	17 have been convicted of a crime involving dishonesty or moral
369	369	18 turpitude; (4) have demonstrated a level of skill or knowledge
370	370	19 that the Board determines to be necessary in order to operate
371	371	20 sports wagering; and (5) have met standards for the holding of
372	372	21 a license as adopted by rules of the Board.
373	373	22 The Board may adopt rules to establish additional
374	374	23 qualifications and requirements to preserve the integrity and
375	375	24 security of sports wagering in this State and to promote and
376	376	25 maintain a competitive sports wagering market. After the close
377	377	26 of the application period, the Board shall determine whether
378	378
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388	388	1 the applications meet the mandatory minimum qualification
389	389	2 criteria and conduct a comprehensive, fair, and impartial
390	390	3 evaluation of all qualified applications.
391	391	4 (e) (Blank). The Board shall open all qualified
392	392	5 applications in a public forum and disclose the applicants'
393	393	6 names. The Board shall summarize the terms of the proposals
394	394	7 and make the summaries available to the public on its website.
395	395	8 (f) (Blank). Not more than 90 days after the publication
396	396	9 of the qualified applications, the Board shall identify the
397	397	10 winning bidders. In granting the licenses, the Board may give
398	398	11 favorable consideration to qualified applicants presenting
399	399	12 plans that provide for economic development and community
400	400	13 engagement. To the extent permitted by federal and State law,
401	401	14 the Board may give favorable consideration to qualified
402	402	15 applicants demonstrating commitment to diversity in the
403	403	16 workplace.
404	404	17 (g) (Blank). Upon selection of the winning bidders, the
405	405	18 Board shall have a reasonable period of time to ensure
406	406	19 compliance with all applicable statutory and regulatory
407	407	20 criteria before issuing the licenses. If the Board determines
408	408	21 a winning bidder does not satisfy all applicable statutory and
409	409	22 regulatory criteria, the Board shall select another bidder
410	410	23 from the remaining qualified applicants.
411	411	24 (h) (Blank). Nothing in this Section is intended to confer
412	412	25 a property or other right, duty, privilege, or interest
413	413	26 entitling an applicant to an administrative hearing upon
414	414
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424	424	1 denial of an application.
425	425	2 (i) (Blank). Upon issuance of a master sports wagering
426	426	3 license to a winning bidder, the information and plans
427	427	4 provided in the application become a condition of the license.
428	428	5 A master sports wagering licensee under this Section has a
429	429	6 duty to disclose any material changes to the application.
430	430	7 Failure to comply with the conditions or requirements in the
431	431	8 application may subject the master sports wagering licensee
432	432	9 under this Section to discipline, including, but not limited
433	433	10 to, fines, suspension, and revocation of its license, pursuant
434	434	11 to rules adopted by the Board.
435	435	12 (j) (Blank). The Board shall disseminate information about
436	436	13 the licensing process through media demonstrated to reach
437	437	14 large numbers of business owners and entrepreneurs who are
438	438	15 minorities, women, veterans, and persons with disabilities.
439	439	16 (k) (Blank). The Department of Commerce and Economic
440	440	17 Opportunity, in conjunction with the Board, shall conduct
441	441	18 ongoing, thorough, and comprehensive outreach to businesses
442	442	19 owned by minorities, women, veterans, and persons with
443	443	20 disabilities about contracting and entrepreneurial
444	444	21 opportunities in sports wagering. This outreach shall include,
445	445	22 but not be limited to:
446	446	23 (1) cooperating and collaborating with other State
447	447	24 boards, commissions, and agencies; public and private
448	448	25 universities and community colleges; and local governments
449	449	26 to target outreach efforts; and
450	450
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460	460	1 (2) working with organizations serving minorities,
461	461	2 women, and persons with disabilities to establish and
462	462	3 conduct training for employment in sports wagering.
463	463	4 (l) (Blank). The Board shall partner with the Department
464	464	5 of Labor, the Department of Financial and Professional
465	465	6 Regulation, and the Department of Commerce and Economic
466	466	7 Opportunity to identify employment opportunities within the
467	467	8 sports wagering industry for job seekers and dislocated
468	468	9 workers.
469	469	10 (m) By March 1, 2020, the Board shall prepare a request for
470	470	11 proposals to conduct a study of the online sports wagering
471	471	12 industry and market to determine whether there is a compelling
472	472	13 interest in implementing remedial measures, including the
473	473	14 application of the Business Enterprise Program under the
474	474	15 Business Enterprise for Minorities, Women, and Persons with
475	475	16 Disabilities Act or a similar program to assist minorities,
476	476	17 women, and persons with disabilities in the sports wagering
477	477	18 industry.
478	478	19 As a part of the study, the Board shall evaluate race and
479	479	20 gender-neutral programs or other methods that may be used to
480	480	21 address the needs of minority and women applicants and
481	481	22 minority-owned and women-owned businesses seeking to
482	482	23 participate in the sports wagering industry. The Board shall
483	483	24 submit to the General Assembly and publish on its website the
484	484	25 results of this study by August 1, 2020.
485	485	26 If, as a result of the study conducted under this
486	486
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496	496	1 subsection (m), the Board finds that there is a compelling
497	497	2 interest in implementing remedial measures, the Board may
498	498	3 adopt rules, including emergency rules, to implement remedial
499	499	4 measures, if necessary and to the extent permitted by State
500	500	5 and federal law, based on the findings of the study conducted
501	501	6 under this subsection (m).
502	502	7 (Source: P.A. 101-31, eff. 6-28-19.)
503	503	8 (230 ILCS 45/25-95)
504	504	9 Sec. 25-95. Compulsive gambling. Each master sports
505	505	10 wagering licensee and fantasy contest operator licensee shall
506	506	11 include a statement regarding obtaining assistance with
507	507	12 gambling problems, the text of which shall be determined by
508	508	13 rule by the Department of Human Services, on the master sports
509	509	14 wagering licensee's portal, Internet website, or computer or
510	510	15 mobile application.
511	511	16 (Source: P.A. 101-31, eff. 6-28-19.)
512	512	17 (230 ILCS 45/25-100)
513	513	18 Sec. 25-100. Voluntary self-exclusion program for sports
514	514	19 wagering and fantasy contests. Any resident, or non-resident
515	515	20 if allowed to participate in sports wagering or fantasy
516	516	21 contests, may voluntarily prohibit himself or herself from
517	517	22 establishing a sports wagering account or fantasy contest
518	518	23 account with a licensee under this Act. The Board and
519	519	24 Department shall incorporate the voluntary self-exclusion
520	520
521	521
522	522
523	523
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530	530	1 program for sports wagering and fantasy contests into any
531	531	2 existing self-exclusion program that it operates on the
532	532	3 effective date of this Act.
533	533	4 (Source: P.A. 101-31, eff. 6-28-19.)
534	534	5 (230 ILCS 45/25-120 new)
535	535	6 Sec. 25-120. Fantasy contests; legislative intent. Fantasy
536	536	7 contests are sufficiently similar to sports wagering to
537	537	8 necessitate regulation by the State. The State seeks to ensure
538	538	9 both public confidence and trust in the credibility and
539	539	10 integrity of fantasy contests, as well as to protect the
540	540	11 public health and general welfare of the people of the State.
541	541	12 Therefore, regulatory provisions of this Act are designed to
542	542	13 strictly regulate the facilities, persons, associations, and
543	543	14 practices related to fantasy contest operations pursuant to
544	544	15 the police powers of the State, including comprehensive law
545	545	16 enforcement supervision.
546	546	17 (230 ILCS 45/25-120.1 new)
547	547	18 Sec. 25-120.1. Definitions. As used in Sections 120
548	548	19 through 120.8:
549	549	20 "Adjusted gross fantasy contest receipts" means the amount
550	550	21 equal to intrastate gross fantasy contest receipts plus
551	551	22 interstate gross fantasy contest receipts.
552	552	23 "Entry fee" means a nonrefundable cash or cash equivalent
553	553	24 that is paid by or on behalf of a participant and set in
554	554
555	555
556	556
557	557
558	558
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564	564	1 advance by a fantasy contest operator granting the participant
565	565	2 the right to participate in a fantasy contest.
566	566	3 "Fantasy contest" means an online contest of skill between
567	567	4 2 or more participants with an entry fee where:
568	568	5 (1) the values of all prizes offered to a winning
569	569	6 participant are established and made known to the
570	570	7 participant in advance of the contest;
571	571	8 (2) all winning outcomes reflect the relative
572	572	9 knowledge and skill of the participant;
573	573	10 (3) the participant assembles, owns, or manages a
574	574	11 fictional entry or roster of actual professional or
575	575	12 amateur athletes, in real-world sports events, or other
576	576	13 event or competition of relative skill authorized by the
577	577	14 Board;
578	578	15 (4) a participant competes for prizes awarded by a
579	579	16 fantasy contest operator based on terms and conditions
580	580	17 published by the fantasy contest operator and made known
581	581	18 to the participant in advance of the contest;
582	582	19 (5) winning outcomes are determined solely by clearly
583	583	20 preestablished, objective scoring criteria based on one or
584	584	21 more statistical results of the performance of an
585	585	22 individual athlete, including, but not limited to, a
586	586	23 fantasy score; and
587	587	24 (6) no winning outcome is entirely based on the score,
588	588	25 point spread, or any performance of any single actual team
589	589	26 or combination of teams or solely on any single
590	590
591	591
592	592
593	593
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600	600	1 performance of an individual athlete or player in any
601	601	2 single actual event.
602	602	3 "Fantasy contest" does not include contests wherein only a
603	603	4 single participant competes against a target score set by the
604	604	5 fantasy contest operator. "Fantasy contest" does not include
605	605	6 any fantasy contest without an entry fee.
606	606	7 "Fantasy contest operator" means a person or entity that
607	607	8 offers fantasy contests to members of the public. "Fantasy
608	608	9 contest operator" does not include an Internet service
609	609	10 provider or a provider of mobile data services merely as a
610	610	11 result of that entity's transporting general traffic that may
611	611	12 include a fantasy contest.
612	612	13 "Interstate gross fantasy contest receipts" means the
613	613	14 amount equal to the total of all entry fees that a fantasy
614	614	15 contest operator collects from all participants in contests
615	615	16 where all participants are located in this State less the
616	616	17 total of all prizes paid out to participants in those
617	617	18 contests.
618	618	19 "Intrastate gross fantasy contest receipts" means, in
619	619	20 contests which include both State and non-State participants,
620	620	21 the amount equal to the total of all entry fees that a fantasy
621	621	22 contest operator collects from all participants less the total
622	622	23 of all prizes paid out to participants in those contests
623	623	24 multiplied by the location percentage for the State.
624	624	25 "Location percentage" means the percentage, rounded to the
625	625	26 nearest 0.1%, of the total entry fees collected from players
626	626
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636	636	1 located in this State in any fantasy contest which includes
637	637	2 both State and non-State participants divided by the total
638	638	3 entry fees collected from all players in those contests.
639	639	4 "Participant" means an individual who participates in a
640	640	5 fantasy contest offered by a fantasy contest operator.
641	641	6 (230 ILCS 45/25-120.2 new)
642	642	7 Sec. 25-120.2. Board powers.
643	643	8 (a) The Board may regulate the conduct of fantasy contest
644	644	9 operators under this Act.
645	645	10 (b) The Board shall adopt any rules the Board considers
646	646	11 necessary for the successful implementation, administration,
647	647	12 and enforcement of this Act. Rules proposed by the Board may be
648	648	13 adopted as emergency rules under Section 5-45 of the Illinois
649	649	14 Administrative Procedure Act.
650	650	15 (c) The Board shall levy and collect all fees, surcharges,
651	651	16 civil penalties, and, on adjusted gross fantasy contest
652	652	17 receipts imposed under this Act, monthly taxes as follows:
653	653	18 (1) All application, licensing, and renewal fees
654	654	19 collected under this Act shall be deposited in the State
655	655	20 Gaming Fund.
656	656	21 (2) All taxes collected under Section 25-120.6 shall
657	657	22 be deposited into the State Gaming Fund.
658	658	23 (3) All civil penalties or fines levied under this
659	659	24 Section shall be deposited in accordance with the Illinois
660	660	25 Gambling Act.
661	661
662	662
663	663
664	664
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671	671	1 (d) The Board may exercise any other powers necessary to
672	672	2 enforce the provisions of this Act that it regulates and the
673	673	3 rules of the Board.
674	674	4 (e) The Board and fantasy contest operator licensees may
675	675	5 cooperate with investigations conducted by law enforcement
676	676	6 agencies, including, but not limited to, providing and
677	677	7 facilitating the provision of account-level entry and
678	678	8 participation information.
679	679	9 (230 ILCS 45/25-120.3 new)
680	680	10 Sec. 25-120.3. Licensure required.
681	681	11 (a) Except as otherwise provided in this Section, a person
682	682	12 may not offer fantasy contests in this State unless the person
683	683	13 is licensed by the Board as a fantasy contest operator. No
684	684	14 party other than an owner or key person of a licensee may
685	685	15 receive revenue share from the operation of fantasy contests
686	686	16 without holding a fantasy contest operator license.
687	687	17 (b) A fantasy contest operator that was offering contests
688	688	18 to persons located in the State before the effective date of
689	689	19 this amendatory Act of the 104th General Assembly may continue
690	690	20 to offer contests to persons located in the State until 90 days
691	691	21 after the effective date of rules implementing this amendatory
692	692	22 Act of the 104th General Assembly. The Board shall issue a
693	693	23 temporary operating permit to a fantasy contest operator that
694	694	24 was offering contests to persons located in this State before
695	695	25 the effective date of this amendatory Act of the 104th General
696	696
697	697
698	698
699	699
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706	706	1 Assembly if the fantasy contest operator files an application
707	707	2 for licensure with the Board and pays the required license
708	708	3 application fee within 90 days of the effective date of rules
709	709	4 implementing this amendatory Act of the 104th General
710	710	5 Assembly, subject to Board rules.
711	711	6 (c) The burden is upon each applicant to demonstrate the
712	712	7 applicant's suitability for licensure. An applicant for a
713	713	8 license issued under this Act shall submit an application to
714	714	9 the Board in the form the Board requires. Each person seeking
715	715	10 licensure shall submit to a background investigation conducted
716	716	11 by the Board with the assistance of the Illinois State Police
717	717	12 or other law enforcement.
718	718	13 (1) To the extent that the corporate structure of the
719	719	14 applicant allows, the background investigation shall
720	720	15 include any or all of the following as the Board deems
721	721	16 appropriate or as provided by rule for each category of
722	722	17 licensure:
723	723	18 (A) each beneficiary of a trust;
724	724	19 (B) each partner of a partnership;
725	725	20 (C) each member of a limited liability company;
726	726	21 (D) each director and officer of a publicly or
727	727	22 nonpublicly held corporation;
728	728	23 (E) each stockholder of a nonpublicly held
729	729	24 corporation;
730	730	25 (F) each stockholder of 5% or more of a publicly
731	731	26 held corporation; or
732	732
733	733
734	734
735	735
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742	742	1 (G) each stockholder of 5% or more in a parent or
743	743	2 subsidiary corporation.
744	744	3 (2) Each applicant shall disclose the identity of
745	745	4 every person, association, trust, corporation, or limited
746	746	5 liability company having a greater than 1% direct or
747	747	6 indirect pecuniary interest in the fantasy contest for
748	748	7 which the license is sought. If the disclosed entity is a
749	749	8 trust, the application shall disclose the names and
750	750	9 addresses of the beneficiaries; if a corporation, the
751	751	10 names and addresses of all stockholders and directors; if
752	752	11 a limited liability company, the names and addresses of
753	753	12 all members; or if a partnership, the names and addresses
754	754	13 of all partners, both general and limited.
755	755	14 (d) To be eligible for a fantasy contest operator license
756	756	15 under this Section, an applicant and its key persons must at
757	757	16 minimum:
758	758	17 (1) be at least 21 years of age;
759	759	18 (2) not have been convicted of a felony offense or a
760	760	19 violation of Article 28 of the Criminal Code of 1961 or the
761	761	20 Criminal Code of 2012 or a similar statute of any other
762	762	21 jurisdiction;
763	763	22 (3) not have been convicted of a crime involving
764	764	23 dishonesty or moral turpitude;
765	765	24 (4) have demonstrated a level of skill or knowledge
766	766	25 that the Board determines to be necessary in order to
767	767	26 operate fantasy contests; and
768	768
769	769
770	770
771	771
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778	778	1 (5) have met standards for the holding of a license as
779	779	2 adopted by rules of the Board.
780	780	3 (e) No person may be licensed if that person has been found
781	781	4 by the Board to:
782	782	5 (1) have a background, including a criminal record,
783	783	6 reputation, habits, social or business associations, or
784	784	7 prior activities that pose a threat to the public
785	785	8 interests of the State or to the security and integrity of
786	786	9 fantasy contest operations;
787	787	10 (2) create or enhance the dangers of unsuitable,
788	788	11 unfair, or illegal practices, methods, and activities in
789	789	12 the conduct of fantasy contest operations; or
790	790	13 (3) present questionable business practices and
791	791	14 financial arrangements incidental to the conduct of
792	792	15 fantasy contest operations.
793	793	16 (f) The Board may adopt rules to establish additional
794	794	17 qualifications and requirements to preserve the integrity and
795	795	18 security of fantasy contests in this State and to promote and
796	796	19 maintain a competitive fantasy sports market.
797	797	20 (g) On receipt of a completed application and the required
798	798	21 fee, the Board shall conduct the necessary background
799	799	22 investigation to determine if the applicant meets the
800	800	23 qualifications for licensure. On completion of the necessary
801	801	24 background investigation, the Board shall either issue a
802	802	25 license or deny the application. The Board shall establish
803	803	26 procedures to conduct hearings for any person denied
804	804
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807	807
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814	814	1 licensure.
815	815	2 (h) A nonrefundable application fee of $50,000 shall be
816	816	3 paid at the time of application.
817	817	4 (i) A license fee of $500,000 shall be paid within 30 days
818	818	5 of the issuance of an initial license. The term of the initial
819	819	6 license shall be for 4 years.
820	820	7 (j) A license renewal fee of $50,000 shall be paid 30 days
821	821	8 of the renewal of a license.
822	822	9 (230 ILCS 45/25-120.4 new)
823	823	10 Sec. 25-120.4. Conduct of contests.
824	824	11 (a) Any fantasy contest conducted under this Act does not
825	825	12 constitute gambling for any purpose, including under Article
826	826	13 28 of the Criminal Code of 1961 or the Criminal Code of 2012.
827	827	14 (b) Notwithstanding any provision of law to the contrary,
828	828	15 the operation of fantasy contests is only lawful when
829	829	16 conducted in accordance with the provisions of this Act.
830	830	17 (c) A person participating in a fantasy contest under this
831	831	18 Act shall be at least 21 years of age.
832	832	19 (d) A licensee under this Act may only accept an entry from
833	833	20 a person physically located in the State. A fantasy contest
834	834	21 operator must use a geolocation system to ensure that a
835	835	22 participant is physically present in the State when
836	836	23 participating in the fantasy contest unless otherwise
837	837	24 authorized by the Board.
838	838	25 (e) When offering interstate fantasy contests to State
839	839
840	840
841	841
842	842
843	843
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846	846
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849	849	1 participants, such contests may only be offered in the State
850	850	2 if the contest is affirmatively legal in each other state in
851	851	3 which it is offered.
852	852	4 (f) No athlete, competitor, referee, official, coach,
853	853	5 manager, medical professional, or athletic trainer or employee
854	854	6 or contractor of a team or athletic organization who has
855	855	7 access to nonpublic information concerning an athlete or team
856	856	8 may engage in fantasy contests involving an event or the
857	857	9 performance of an individual in an event in which the person is
858	858	10 participating or otherwise has access to nonpublic or
859	859	11 exclusive information.
860	860	12 (g) No key person or employee of a fantasy contest
861	861	13 operator licensee may participate in fantasy contests offered
862	862	14 by licensee.
863	863	15 (230 ILCS 45/25-120.5 new)
864	864	16 Sec. 25-120.5. Duties of licensees.
865	865	17 (a) Licensees shall comply with all applicable anti-money
866	866	18 laundering standards, as defined by the federal Bank Secrecy
867	867	19 Act of 1970 and the Anti-Money Laundering Act of 2020.
868	868	20 (b) Licensees have an affirmative duty to prevent underage
869	869	21 participation in fantasy contents. Licensees shall establish
870	870	22 technical and operational measures to prevent underage
871	871	23 participation in a fantasy contest.
872	872	24 (c) Licensees shall implement identity verification
873	873	25 procedures, consistent with modern best practices, to verify
874	874
875	875
876	876
877	877
878	878
879	879	SB2145 - 24 - LRB104 08583 LNS 18635 b
880	880
881	881
882	882	SB2145- 25 -LRB104 08583 LNS 18635 b SB2145 - 25 - LRB104 08583 LNS 18635 b
883	883	SB2145 - 25 - LRB104 08583 LNS 18635 b
884	884	1 an individual's personally identifiable information and can
885	885	2 detect potential prohibited participants.
886	886	3 (d) Licensees shall employ mechanisms on the operator's
887	887	4 platform that are designed to detect and prevent unauthorized
888	888	5 accounts and to detect and prevent fraud, money laundering,
889	889	6 and collusion.
890	890	7 (e) Licensees shall implement geolocation technology to
891	891	8 verify that a participant is not accessing the platform from a
892	892	9 restricted jurisdiction.
893	893	10 (f) Licensees shall make all reasonable efforts to
894	894	11 promptly notify the Board of any information relating to:
895	895	12 (1) a confirmed breach of the relevant sport's
896	896	13 governing body's internal rules and codes of conduct
897	897	14 pertaining to participation in real-money fantasy
898	898	15 contests;
899	899	16 (2) any conduct that corrupts any outcome related to a
900	900	17 sports event or sports events for purposes of financial
901	901	18 gain, including match fixing; and
902	902	19 (3) suspected illegal activities, including use of
903	903	20 funds derived from illegal activity, entries to conceal or
904	904	21 launder funds derived from illegal activity,
905	905	22 multi-accounting, and using false identification.
906	906	23 (230 ILCS 45/25-120.6 new)
907	907	24 Sec. 25-120.6. Audits and record keeping.
908	908	25 (a) Licensees shall contract with a certified public
909	909
910	910
911	911
912	912
913	913
914	914	SB2145 - 25 - LRB104 08583 LNS 18635 b
915	915
916	916
917	917	SB2145- 26 -LRB104 08583 LNS 18635 b SB2145 - 26 - LRB104 08583 LNS 18635 b
918	918	SB2145 - 26 - LRB104 08583 LNS 18635 b
919	919	1 accountant to conduct an annual independent audit consistent
920	920	2 with generally accepted accounting principles and any
921	921	3 additional standards adopted by the Board.
922	922	4 (b) A licensee's fantasy contest platform must be tested
923	923	5 and certified by an independent outside testing laboratory
924	924	6 approved by the Board prior to commencement of fantasy
925	925	7 contests under this Act. The licensee shall have the fantasy
926	926	8 contest platform re-tested and certified on an annual basis.
927	927	9 (c) Each licensee shall maintain in a place, secure from
928	928	10 theft, loss, or destruction, adequate records of business
929	929	11 operations that shall be made available to the Board upon
930	930	12 request. These records shall be held for at least as long as
931	931	13 prescribed by the records retention schedule published by the
932	932	14 Board, or longer if otherwise prescribed by general accounting
933	933	15 and auditing procedures, litigation needs, or State or federal
934	934	16 law. These records shall be maintained in a manner accessible
935	935	17 to the Board or in a digital format prescribed by the Board.
936	936	18 (230 ILCS 45/25-120.7 new)
937	937	19 Sec. 25-120.7. Tax. Beginning on July 1, 2025, and for
938	938	20 each 12-month period thereafter, for the privilege of holding
939	939	21 a license to operate fantasy contests under this Act, this
940	940	22 State shall impose a privilege tax on the fantasy contest
941	941	23 operator licensee's adjusted gross fantasy contest receipts
942	942	24 based on the following rates:
943	943	25 (1) 20% of annual adjusted gross fantasy contest
944	944
945	945
946	946
947	947
948	948
949	949	SB2145 - 26 - LRB104 08583 LNS 18635 b
950	950
951	951
952	952	SB2145- 27 -LRB104 08583 LNS 18635 b SB2145 - 27 - LRB104 08583 LNS 18635 b
953	953	SB2145 - 27 - LRB104 08583 LNS 18635 b
954	954	1 receipts to and including $1,000,000.
955	955	2 (2) 25% of annual adjusted gross fantasy contest
956	956	3 receipts of $3,000,000 but not exceeding $5,000,000.
957	957	4 (3) 30% of annual adjusted gross fantasy contest
958	958	5 receipts of $5,000,000 but not exceeding $10,000,000.
959	959	6 (4) 35% of annual adjusted gross fantasy contest
960	960	7 receipts $10,000,000 but not exceeding $20,000,000.
961	961	8 (5) 40% of annual adjusted gross fantasy contest
962	962	9 receipts in excess of $20,000,000.
963	963	10 (230 ILCS 45/25-120.8 new)
964	964	11 Sec. 25-120.8. Responsible gaming.
965	965	12 (a) Each fantasy contest operator shall include a
966	966	13 statement regarding obtaining assistance with gambling
967	967	14 problems, the text of which shall be determined by rule by the
968	968	15 Department of Human Services, on the licensee's portal,
969	969	16 Internet website, or computer or mobile application.
970	970	17 (b) Any resident, or nonresident if allowed to participate
971	971	18 in fantasy contests, may voluntarily prohibit themselves from
972	972	19 establishing an account with a licensee under this Act. The
973	973	20 Board shall incorporate the voluntary self-exclusion program
974	974	21 for fantasy contests into any existing self-exclusion program
975	975	22 that it operates on the effective date of this amendatory Act
976	976	23 of the 104th General Assembly.
977	977	24 Section 15. The Criminal Code of 2012 is amended by
978	978
979	979
980	980
981	981
982	982
983	983	SB2145 - 27 - LRB104 08583 LNS 18635 b
984	984
985	985
986	986	SB2145- 28 -LRB104 08583 LNS 18635 b SB2145 - 28 - LRB104 08583 LNS 18635 b
987	987	SB2145 - 28 - LRB104 08583 LNS 18635 b
988	988	1 changing Section 28-1 as follows:
989	989	2 (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
990	990	3 Sec. 28-1. Gambling.
991	991	4 (a) A person commits gambling when he or she:
992	992	5 (1) knowingly plays a game of chance or skill for
993	993	6 money or other thing of value, unless excepted in
994	994	7 subsection (b) of this Section;
995	995	8 (2) knowingly makes a wager upon the result of any
996	996	9 game, contest, or any political nomination, appointment or
997	997	10 election;
998	998	11 (3) knowingly operates, keeps, owns, uses, purchases,
999	999	12 exhibits, rents, sells, bargains for the sale or lease of,
1000	1000	13 manufactures or distributes any gambling device;
1001	1001	14 (4) contracts to have or give himself or herself or
1002	1002	15 another the option to buy or sell, or contracts to buy or
1003	1003	16 sell, at a future time, any grain or other commodity
1004	1004	17 whatsoever, or any stock or security of any company, where
1005	1005	18 it is at the time of making such contract intended by both
1006	1006	19 parties thereto that the contract to buy or sell, or the
1007	1007	20 option, whenever exercised, or the contract resulting
1008	1008	21 therefrom, shall be settled, not by the receipt or
1009	1009	22 delivery of such property, but by the payment only of
1010	1010	23 differences in prices thereof; however, the issuance,
1011	1011	24 purchase, sale, exercise, endorsement or guarantee, by or
1012	1012	25 through a person registered with the Secretary of State
1013	1013
1014	1014
1015	1015
1016	1016
1017	1017
1018	1018	SB2145 - 28 - LRB104 08583 LNS 18635 b
1019	1019
1020	1020
1021	1021	SB2145- 29 -LRB104 08583 LNS 18635 b SB2145 - 29 - LRB104 08583 LNS 18635 b
1022	1022	SB2145 - 29 - LRB104 08583 LNS 18635 b
1023	1023	1 pursuant to Section 8 of the Illinois Securities Law of
1024	1024	2 1953, or by or through a person exempt from such
1025	1025	3 registration under said Section 8, of a put, call, or
1026	1026	4 other option to buy or sell securities which have been
1027	1027	5 registered with the Secretary of State or which are exempt
1028	1028	6 from such registration under Section 3 of the Illinois
1029	1029	7 Securities Law of 1953 is not gambling within the meaning
1030	1030	8 of this paragraph (4);
1031	1031	9 (5) knowingly owns or possesses any book, instrument
1032	1032	10 or apparatus by means of which bets or wagers have been, or
1033	1033	11 are, recorded or registered, or knowingly possesses any
1034	1034	12 money which he has received in the course of a bet or
1035	1035	13 wager;
1036	1036	14 (6) knowingly sells pools upon the result of any game
1037	1037	15 or contest of skill or chance, political nomination,
1038	1038	16 appointment or election;
1039	1039	17 (7) knowingly sets up or promotes any lottery or
1040	1040	18 sells, offers to sell or transfers any ticket or share for
1041	1041	19 any lottery;
1042	1042	20 (8) knowingly sets up or promotes any policy game or
1043	1043	21 sells, offers to sell or knowingly possesses or transfers
1044	1044	22 any policy ticket, slip, record, document or other similar
1045	1045	23 device;
1046	1046	24 (9) knowingly drafts, prints or publishes any lottery
1047	1047	25 ticket or share, or any policy ticket, slip, record,
1048	1048	26 document or similar device, except for such activity
1049	1049
1050	1050
1051	1051
1052	1052
1053	1053
1054	1054	SB2145 - 29 - LRB104 08583 LNS 18635 b
1055	1055
1056	1056
1057	1057	SB2145- 30 -LRB104 08583 LNS 18635 b SB2145 - 30 - LRB104 08583 LNS 18635 b
1058	1058	SB2145 - 30 - LRB104 08583 LNS 18635 b
1059	1059	1 related to lotteries, bingo games and raffles authorized
1060	1060	2 by and conducted in accordance with the laws of Illinois
1061	1061	3 or any other state or foreign government;
1062	1062	4 (10) knowingly advertises any lottery or policy game,
1063	1063	5 except for such activity related to lotteries, bingo games
1064	1064	6 and raffles authorized by and conducted in accordance with
1065	1065	7 the laws of Illinois or any other state;
1066	1066	8 (11) knowingly transmits information as to wagers,
1067	1067	9 betting odds, or changes in betting odds by telephone,
1068	1068	10 telegraph, radio, semaphore or similar means; or knowingly
1069	1069	11 installs or maintains equipment for the transmission or
1070	1070	12 receipt of such information; except that nothing in this
1071	1071	13 subdivision (11) prohibits transmission or receipt of such
1072	1072	14 information for use in news reporting of sporting events
1073	1073	15 or contests; or
1074	1074	16 (12) knowingly establishes, maintains, or operates an
1075	1075	17 Internet site that permits a person to play a game of
1076	1076	18 chance or skill for money or other thing of value by means
1077	1077	19 of the Internet or to make a wager upon the result of any
1078	1078	20 game, contest, political nomination, appointment, or
1079	1079	21 election by means of the Internet. This item (12) does not
1080	1080	22 apply to activities referenced in items (6), (6.1), (8),
1081	1081	23 (8.1), and (15) of subsection (b) of this Section.
1082	1082	24 (b) Participants in any of the following activities shall
1083	1083	25 not be convicted of gambling:
1084	1084	26 (1) Agreements to compensate for loss caused by the
1085	1085
1086	1086
1087	1087
1088	1088
1089	1089
1090	1090	SB2145 - 30 - LRB104 08583 LNS 18635 b
1091	1091
1092	1092
1093	1093	SB2145- 31 -LRB104 08583 LNS 18635 b SB2145 - 31 - LRB104 08583 LNS 18635 b
1094	1094	SB2145 - 31 - LRB104 08583 LNS 18635 b
1095	1095	1 happening of chance including without limitation contracts
1096	1096	2 of indemnity or guaranty and life or health or accident
1097	1097	3 insurance.
1098	1098	4 (2) Offers of prizes, award or compensation to the
1099	1099	5 actual contestants in any bona fide contest for the
1100	1100	6 determination of skill, speed, strength or endurance or to
1101	1101	7 the owners of animals or vehicles entered in such contest,
1102	1102	8 except fantasy contests as defined by the Sports Wagering
1103	1103	9 Act.
1104	1104	10 (3) Pari-mutuel betting as authorized by the law of
1105	1105	11 this State.
1106	1106	12 (4) Manufacture of gambling devices, including the
1107	1107	13 acquisition of essential parts therefor and the assembly
1108	1108	14 thereof, for transportation in interstate or foreign
1109	1109	15 commerce to any place outside this State when such
1110	1110	16 transportation is not prohibited by any applicable Federal
1111	1111	17 law; or the manufacture, distribution, or possession of
1112	1112	18 video gaming terminals, as defined in the Video Gaming
1113	1113	19 Act, by manufacturers, distributors, and terminal
1114	1114	20 operators licensed to do so under the Video Gaming Act.
1115	1115	21 (5) The game commonly known as "bingo", when conducted
1116	1116	22 in accordance with the Bingo License and Tax Act.
1117	1117	23 (6) Lotteries when conducted by the State of Illinois
1118	1118	24 in accordance with the Illinois Lottery Law. This
1119	1119	25 exemption includes any activity conducted by the
1120	1120	26 Department of Revenue to sell lottery tickets pursuant to
1121	1121
1122	1122
1123	1123
1124	1124
1125	1125
1126	1126	SB2145 - 31 - LRB104 08583 LNS 18635 b
1127	1127
1128	1128
1129	1129	SB2145- 32 -LRB104 08583 LNS 18635 b SB2145 - 32 - LRB104 08583 LNS 18635 b
1130	1130	SB2145 - 32 - LRB104 08583 LNS 18635 b
1131	1131	1 the provisions of the Illinois Lottery Law and its rules.
1132	1132	2 (6.1) The purchase of lottery tickets through the
1133	1133	3 Internet for a lottery conducted by the State of Illinois
1134	1134	4 under the program established in Section 7.12 of the
1135	1135	5 Illinois Lottery Law.
1136	1136	6 (7) Possession of an antique slot machine that is
1137	1137	7 neither used nor intended to be used in the operation or
1138	1138	8 promotion of any unlawful gambling activity or enterprise.
1139	1139	9 For the purpose of this subparagraph (b)(7), an antique
1140	1140	10 slot machine is one manufactured 25 years ago or earlier.
1141	1141	11 (8) Raffles and poker runs when conducted in
1142	1142	12 accordance with the Raffles and Poker Runs Act.
1143	1143	13 (8.1) The purchase of raffle chances for a raffle
1144	1144	14 conducted in accordance with the Raffles and Poker Runs
1145	1145	15 Act.
1146	1146	16 (9) Charitable games when conducted in accordance with
1147	1147	17 the Charitable Games Act.
1148	1148	18 (10) Pull tabs and jar games when conducted under the
1149	1149	19 Illinois Pull Tabs and Jar Games Act.
1150	1150	20 (11) Gambling games when authorized by the Illinois
1151	1151	21 Gambling Act.
1152	1152	22 (12) Video gaming terminal games at a licensed
1153	1153	23 establishment, licensed truck stop establishment, licensed
1154	1154	24 large truck stop establishment, licensed fraternal
1155	1155	25 establishment, or licensed veterans establishment when
1156	1156	26 conducted in accordance with the Video Gaming Act.
1157	1157
1158	1158
1159	1159
1160	1160
1161	1161
1162	1162	SB2145 - 32 - LRB104 08583 LNS 18635 b
1163	1163
1164	1164
1165	1165	SB2145- 33 -LRB104 08583 LNS 18635 b SB2145 - 33 - LRB104 08583 LNS 18635 b
1166	1166	SB2145 - 33 - LRB104 08583 LNS 18635 b
1167	1167	1 (13) Games of skill or chance where money or other
1168	1168	2 things of value can be won but no payment or purchase is
1169	1169	3 required to participate.
1170	1170	4 (14) Savings promotion raffles authorized under
1171	1171	5 Section 5g of the Illinois Banking Act, Section 7008 of
1172	1172	6 the Savings Bank Act, Section 42.7 of the Illinois Credit
1173	1173	7 Union Act, Section 5136B of the National Bank Act (12
1174	1174	8 U.S.C. 25a), or Section 4 of the Home Owners' Loan Act (12
1175	1175	9 U.S.C. 1463).
1176	1176	10 (15) Sports wagering when conducted in accordance with
1177	1177	11 the Sports Wagering Act.
1178	1178	12 (c) Sentence.
1179	1179	13 Gambling is a Class A misdemeanor. A second or subsequent
1180	1180	14 conviction under subsections (a)(3) through (a)(12), is a
1181	1181	15 Class 4 felony.
1182	1182	16 (d) Circumstantial evidence.
1183	1183	17 In prosecutions under this Section circumstantial evidence
1184	1184	18 shall have the same validity and weight as in any criminal
1185	1185	19 prosecution.
1186	1186	20 (Source: P.A. 101-31, Article 25, Section 25-915, eff.
1187	1187	21 6-28-19; 101-31, Article 35, Section 35-80, eff. 6-28-19;
1188	1188	22 101-109, eff. 7-19-19; 102-558, eff. 8-20-21.)
1189	1189	23 Section 99. Effective date. This Act takes effect upon
1190	1190	24 becoming law.
1191	1191	SB2145- 34 -LRB104 08583 LNS 18635 b 1 INDEX 2 Statutes amended in order of appearance SB2145- 34 -LRB104 08583 LNS 18635 b SB2145 - 34 - LRB104 08583 LNS 18635 b 1 INDEX 2 Statutes amended in order of appearance
1192	1192	SB2145- 34 -LRB104 08583 LNS 18635 b SB2145 - 34 - LRB104 08583 LNS 18635 b
1193	1193	SB2145 - 34 - LRB104 08583 LNS 18635 b
1194	1194	1 INDEX
1195	1195	2 Statutes amended in order of appearance
1196	1196
1197	1197
1198	1198
1199	1199
1200	1200
1201	1201	SB2145 - 33 - LRB104 08583 LNS 18635 b
1202	1202
1203	1203
1204	1204
1205	1205	SB2145- 34 -LRB104 08583 LNS 18635 b SB2145 - 34 - LRB104 08583 LNS 18635 b
1206	1206	SB2145 - 34 - LRB104 08583 LNS 18635 b
1207	1207	1 INDEX
1208	1208	2 Statutes amended in order of appearance
1209	1209
1210	1210
1211	1211
1212	1212
1213	1213
1214	1214	SB2145 - 34 - LRB104 08583 LNS 18635 b