Rep. Michael J. Zalewski

Filed: 4/19/2016

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 4323

2    AMENDMENT NO. ______. Amend House Bill 4323 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Fantasy Sports Contest Act.
 
6    Section 5. Legislative intent. This Act is designed to
7provide regulation of companies providing access to paid
8fantasy sports contests and protect Illinois consumers who play
9paid fantasy sports contests for prizes from unfair acts and
10practices that may arise in the gaming process. The regulation
11is also intended to protect the families of persons who play
12paid fantasy sports contests to the extent that they may be
13affected by unfair and deceptive practices that lead to
14unaffordable losses.
 
15    Section 10. Definitions. In this Act:

 

 

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1    "Beginner fantasy sports player" means an individual who is
2at least 21 years of age and who has entered fewer than 51
3fantasy sports contests offered by a single fantasy sports
4contest operator.
5    "Board" means the Illinois Gaming Board.
6    "Confidential information" means information related to
7the play of a fantasy sports contest by fantasy sports players
8obtained as a result of or by virtue of a person's employment
9with a fantasy sports contest operator.
10    "Entry fee" means the cash or cash equivalent paid by a
11fantasy sports player located in Illinois at the time of entry
12for participation in a fantasy sports contest.
13    "Fantasy sports contest" means any fantasy contest, in
14which:
15        (1) the value of all prizes and awards offered to
16    winning participants are established and made known to the
17    participants in advance of the contest and their value is
18    not determined by the number of participants or the amount
19    of any fees paid by those participants;
20        (2) all winning outcomes are determined predominantly
21    by accumulated statistical results of the performance of
22    individual athletes in real-world professional athletic
23    competitions; a professional athletic competition does not
24    include any amateur or collegiate level sport; and
25        (3) no winning outcome is based on the score, point
26    spread, or any performance or performances of any single

 

 

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1    actual team or combination of such teams or solely on any
2    single performance of an individual athlete or player in
3    any single actual event.
4    A fantasy sports contest in a game or contest that involves
5individual athletes from real-world professional athletic
6teams, such as football, baseball, basketball, hockey, soccer,
7and other team sports: (i) shall consist of individual athletes
8from at least 3 different real-world professional athletic
9teams and (ii) shall not have more than 4 individual athletes
10from a single real-world professional athletic team. However,
11the prohibition contained in item (ii) of this paragraph does
12not apply to a season-long fantasy sports contest.
13    "Fantasy sports contest operator" means any individual,
14partnership, corporation, or limited liability company that
15engages in the business of offering, by means of the Internet,
16a smart phone application, or other similar electronic or
17digital media or communication technologies, multiple fantasy
18sports contests to persons.
19    "Fantasy sports contest platform" means any website, smart
20phone application, or other portal providing access to a
21fantasy sports contest.
22    "Fantasy sports contest revenues" means the amount of entry
23fees collected from fantasy sports players located in Illinois
24accepted by a fantasy sports contest operator that are not
25awarded as prizes to fantasy sports players.
26    "Fantasy sports player" means an individual 21 years of age

 

 

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1or over who enters into a fantasy sports contest with an entry
2fee offered by a fantasy sports contest operator.
3    "Highly experienced fantasy sports player" means an
4individual who is at least 21 years of age and has (1) entered
5more than 1,000 contests offered by a single fantasy sports
6contest operator or (2) has won more than 3 prizes valued at
7$1,000 or more. Once a fantasy sports player is classified as a
8highly experienced fantasy sports player, a player shall remain
9classified as such.
10    "Minor" means an individual under 21 years of age.
11    "Prize" means anything of value, including money, contest
12credits, merchandise, or admission to another contest.
13    "Scripts" means commands that a fantasy sports
14contest-related computer program can execute that are created
15by fantasy sports players (or by third parties for the use of
16fantasy sports players) to automate processes on a fantasy
17sports contest platform.
18    "Season-long fantasy sports contest" means a fantasy
19sports contest offered by a fantasy sports contest operator
20that is conducted over an entire sports season where the entry
21fee is paid prior to the start of the season.
 
22    Section 15. Applicability. This Act and all rules adopted
23under the authority of this Act shall only apply to fantasy
24sports contests when an entry fee is paid by a fantasy sports
25player at the time of entry for participation in a fantasy

 

 

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1sports contest.
 
2    Section 20. Authority of the Board.
3    (a) The Board shall have jurisdiction over and shall
4supervise all fantasy sports contests governed by this Act. The
5Board shall have all powers necessary and proper to fully and
6effectively execute the provisions of this Act, including, but
7not limited to, the following:
8        (1) To investigate applicants and determine the
9    eligibility of applicants for licenses that best serve the
10    interests of the citizens of Illinois.
11        (2) To adopt such rules as in its judgment may be
12    necessary to protect or enhance the credibility and
13    integrity of fantasy sports contests authorized by this Act
14    and the regulatory process under this Act.
15        (3) To provide for the establishment and collection of
16    all license and registration fees and taxes imposed by this
17    Act and the rules issued pursuant to this Act. All license
18    fees shall be deposited into the State Gaming Fund, and all
19    taxes collected shall be deposited into the Education
20    Assistance Fund.
21        (4) To suspend, revoke, or restrict licenses; to
22    require the removal of a fantasy sports contest operator or
23    an employee of a fantasy sports contest operator for a
24    violation of this Act or a Board rule or for engaging in a
25    fraudulent practice; and to impose civil penalties of up to

 

 

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1    $5,000 against individuals and up to $10,000 or an amount
2    equal to the fantasy sports contest revenues, whichever is
3    larger, against licensees for each violation of any
4    provision of the Act, any rules adopted by the Board, any
5    order of the Board, or any other action which, in the
6    Board's discretion, is a detriment or impediment to fantasy
7    sports contests.
8        (5) To provide for the levy and collection of penalties
9    and fines for the violation of provisions of this Act and
10    the rules adopted under this Act. All such fines and
11    penalties shall be deposited into the State Gaming Fund.
12    (b) The Board shall adopt emergency rules to administer
13this Act in accordance with Section 5-45 of the Illinois
14Administrative Procedure Act. For the purposes of the Illinois
15Administrative Procedure Act, the General Assembly finds that
16the adoption of rules to implement this Act is deemed an
17emergency and necessary to the public interest, safety, and
18welfare.
 
19    Section 25. Fantasy sports player accounts.
20    (a) A fantasy sports contest operator shall not allow a
21fantasy sports player to create more than one username or more
22than one account. A fantasy sports contest operator shall take
23commercially and technologically reasonable measures to verify
24a fantasy sports player's true identity and address. A fantasy
25sports contest operator shall implement and prominently

 

 

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1publish procedures to terminate all accounts of a fantasy
2sports player that establishes or seeks to establish more than
3one username or more than one account, whether directly or by
4use of another person as a proxy. The procedures may allow a
5fantasy sports player that establishes or seeks to establish
6more than one username or more than one account to retain one
7account provided that the fantasy sports contest operator
8investigates and makes a good faith determination that the
9fantasy sports player's conduct was not intended to obtain a
10competitive advantage.
11    (b) Fantasy sports contest operators shall not allow
12fantasy sports players to use a proxy server for the purpose of
13misrepresenting their location in order to engage in fantasy
14sports contests.
15    (c) Fantasy sports contest operators shall implement and
16prominently publish procedures to terminate all accounts of any
17fantasy sports player that establishes or seeks to establish
18more than one username or more than one account, whether
19directly or by use of another person as a proxy. If an account
20is terminated for establishing or seeking to establish more
21than one username or more than one account, the account holder
22is prohibited from establishing another account with that
23fantasy sports contest operator.
24    (d) Fantasy sports contest operators shall take
25commercially and technologically reasonable measures to
26prevent one fantasy sports player from acting as a proxy for

 

 

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1another. These measures shall include, without limitation, use
2of geolocation technologies to prevent simultaneous logins to a
3single account from geographically inconsistent locations.
 
4    Section 30. Protection of consumer funds on deposit and
5compliance with data security requirements.
6    (a) Fantasy sports contest operators shall comply with all
7applicable State and federal requirements for data security,
8including, but not limited to, age verification and location
9software.
10    (b) Funds in fantasy sports players' accounts shall be held
11in segregated accounts by the fantasy sports contest operators
12for the fantasy sports players that establish the accounts.
13Fantasy sports contest operators shall implement and
14prominently publish procedures that:
15        (1) prevent unauthorized withdrawals from fantasy
16    sports player accounts by fantasy sports contest operators
17    or others;
18        (2) prevent commingling of funds in a fantasy sports
19    player's account with other funds, including, without
20    limitation, funds of the fantasy sports contest operator;
21    fantasy sports player funds shall be segregated from
22    fantasy sports contest operators' operational funds and
23    any other funds held by the fantasy sports contest
24    operator; and
25        (3) address reporting on complaints by fantasy sports

 

 

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1    players that their accounts have been misallocated,
2    compromised, or otherwise mishandled.
3    (c) Fantasy sports contest operators shall implement and
4prominently publish procedures that allow any fantasy sports
5player to permanently close an account at any time and for any
6reason. The procedures shall allow for cancellation by any
7means, including, without limitation, by a fantasy sports
8player on any fantasy sports contest platform used by that
9fantasy sports player to make deposits into a fantasy sports
10player account. A copy of a fantasy sports contest operator's
11procedures shall be submitted to the Board and any changes
12shall be submitted within 30 days.
13    (d) When a fantasy sports player account is closed, the
14fantasy sports contest operator shall refund all funds in the
15account no later than 5 business days after submission of the
16request or 10 business days after submission of any tax
17reporting information required by law, whichever is later,
18unless the fantasy sports contest operator makes a good faith
19determination that the fantasy sports player engaged in
20fraudulent or other conduct that would constitute a violation
21of this Act, rules adopted pursuant to this Act, or the fantasy
22sports contest operator's policies, in which case, upon notice
23to the fantasy sports player of that determination, the
24withdrawal may be held pending a reasonable investigative
25period to resolve its investigation. For the purposes of this
26subsection (d), a request for withdrawal shall be considered

 

 

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1honored if it is processed by the fantasy sports contest
2operator, but delayed by a payment processor, a credit card
3issuer, or the custodian of the financial account.
4    (e) If a prize is awarded to a fantasy sports player with a
5closed account, that prize, to the extent it consists of funds,
6shall be distributed by the fantasy sports contest operator
7within 5 business days, or 10 business days of submission of
8any tax reporting information required by law, unless the
9fantasy sports contest operator makes a good faith
10determination that the fantasy sports player engaged in
11fraudulent or other conduct that would constitute a violation
12of this Act or rules adopted pursuant to this Act. If such
13determination is made, then the prize may be withheld, provided
14that it is then awarded to another fantasy sports player in the
15same contest who would have won the prize had the fantasy
16sports player with the closed account not participated.
17    (f) A fantasy sports contest operator shall close any
18fantasy player account that is inactive for 2 years and notify
19the account holder that the account has been closed by email
20and by mail to the account holder's last known address. When a
21fantasy sports player account is closed due to inactivity, the
22fantasy sports contest operator shall refund all funds in the
23fantasy sports player account within 30 days, subject to the
24receipt of any tax information required by law. In the event
25that funds in a closed fantasy sports player account exceed $5
26and cannot be refunded and remain unclaimed, the fantasy sports

 

 

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1contest operator shall provide notice of the existence of funds
2to the fantasy sports player no less often than annually for 3
3years. If the funds in a closed fantasy sports player account
4are for $5 or less, such notice shall be provided one time upon
5the closing of the account. Such notice shall be provided by
6email and by mail to the account holder's last known address
7and shall provide a process for claiming the funds. In the
8event that funds in a closed fantasy sports player account
9cannot be refunded and remain unclaimed by the fantasy sports
10player after 3 years, such funds shall be paid by the fantasy
11sports contest operator to the Unclaimed Property Trust Fund in
12the Office of the State Treasurer.
13    (g) A fantasy sports contest operator shall prominently
14publish all contractual terms and conditions and rules of
15general applicability that affect a fantasy sports player's
16account. Presentation of such terms, conditions, and rules at
17the time of onboarding a new fantasy sports player shall not
18suffice.
19    (h) Fantasy sports player's deposits shall be limited to no
20more than $3,000 per quarter. However, a fantasy sports contest
21operator may establish and prominently publish procedures for
22temporarily or permanently increasing a fantasy sports
23player's deposit limit, at the request of the fantasy sports
24player, above $3,000 per quarter. Such procedures shall be
25submitted to the Board.
26    If established by a fantasy sports contest operator, such

 

 

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1procedures shall include evaluation of information, including
2income or asset information, sufficient to establish that the
3fantasy sports player can afford losses that might result from
4gameplay at the deposit limit level requested.
5    When a temporary or permanent deposit level limit increase
6is approved, the fantasy sports contest operator's procedures
7shall provide for annual re-certification of a player's
8financial ability to afford losses.
 
9    Section 35. Restrictions on games offered by a fantasy
10sports contest operator.
11    (a) All fantasy sports contest operators, except fantasy
12sports contest operators who only offer season-long fantasy
13sports contests, shall develop games that are limited to
14beginner fantasy sports players and shall prohibit fantasy
15sports players who are not beginner fantasy sports players from
16participating in those games either directly or through another
17person as a proxy. A fantasy sports contest operator shall
18suspend the account of any fantasy sports player who is not a
19beginner fantasy sports player and attempts to enter a game
20limited to beginner fantasy sports players directly or through
21another person as a proxy and shall ban such individual from
22further play.
23    (b) All fantasy sports contest operators, except fantasy
24sports contest operators who only offer season-long fantasy
25sports contests, shall develop games in which highly

 

 

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1experienced fantasy sports players cannot participate either
2directly or through another person as a proxy. A fantasy sports
3contest operator shall suspend the account of any highly
4experienced fantasy sports player who attempts to enter a game
5that excludes highly experienced fantasy sports players
6directly or through another person as a proxy and shall ban
7such individual from further play. Fantasy sports contest
8operators shall identify highly experienced fantasy sports
9players by a symbol attached to their username, or by other
10easily visible means, on all fantasy sports contest platforms.
11    (c) Fantasy sports contest operators shall have
12prominently published rules that govern when each fantasy
13sports contest shall close or lock. Each fantasy sports contest
14operator shall also prominently disclose contest-specific
15information about the time that the contest closes or locks in
16connection with each contest offered. A fantasy sports contest
17operator shall strictly enforce all disclosed closing or lock
18times.
19    (d) Fantasy sports contest operators shall restrict the
20number of entries into fantasy sports contests in the following
21manner:
22        (1) Fantasy sports contest operators shall not allow
23    fantasy sports players to submit more than one entry in any
24    fantasy sports contest involving 12 total entries or less.
25        (2) Fantasy sports contest operators shall not allow
26    fantasy sports players to submit more than 2 entries in any

 

 

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1    fantasy sports contest involving 13 to 36 total entries.
2        (3) Fantasy sports contest operators shall not allow
3    fantasy sports players to submit more than 3 entries in any
4    fantasy sports contest involving 37 to 100 total entries.
5        (4) Fantasy sports contest operators shall not allow
6    fantasy sports players to submit more than 3% of all
7    entries in any contest involving more than 100 total
8    entries.
9        (5) For all advertised fantasy sports contests, the
10    fantasy sports contest operator shall prominently include
11    information about the maximum number of entries that may be
12    submitted for that contest.
13    (e) Fantasy sports contest operators shall allow
14individuals to restrict themselves from entering fantasy
15sports contests under this Act. These restrictions shall
16include, but not be limited to, (1) fantasy sports contest
17entry limits, (2) limiting play to fantasy sports contest with
18entry fees below an established limit, and (3) self-imposed
19deposit limits less than allowed under this Act. Fantasy sports
20contest operators shall implement and prominently publish
21procedures for fantasy sports players to implement the
22restrictions. Fantasy sports players shall have the option to
23adjust these limits to make them more restrictive of gameplay
24as often as they like, but shall not have the option to make
25limits less restrictive of gameplay within 90 days after
26setting the limits.
 

 

 

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1    Section 40. Prohibited activities by a fantasy sports
2contest operator.
3    (a) No fantasy sports contest operator employee,
4principal, officer, director, or contractor shall play on any
5fantasy sports contest platform of any fantasy sports contest
6operator or play through another person as a proxy. For the
7purposes of this subsection (a), a contractor is limited to a
8contractor who can access information of a fantasy sports
9contest operator related to the conduct of a fantasy sports
10contest that is not available to other fantasy sports players.
11Fantasy sports contest operators shall make these restrictions
12known to all affected individuals and corporate entities.
13    (b) No fantasy sports contest operator employee,
14principal, officer, director, or contractor shall disclose
15confidential information that may affect fantasy sports
16contest gameplay to any person permitted to engage in fantasy
17sports contest gameplay. Fantasy sports contest operators
18shall make these restrictions known to all affected individuals
19and corporate entities.
20    (c) No fantasy sports contest operator shall allow a
21professional athlete whose individual statistics or
22performance may be used to determine any part of the outcome of
23any fantasy sports contest to enter fantasy sports contests in
24the sports in which he or she participates. A fantasy sports
25contest operator shall take commercially reasonable efforts to

 

 

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1prevent a sports agent, team employee, referee, or league
2official associated with any competition that is the subject of
3fantasy sports contests to enter fantasy sports contests in the
4sport in which he or she participates, nor shall such athlete,
5sports agent, team official, team representative, referee, or
6league official play through another person as a proxy.
7        (1) Fantasy sports contest operators shall take
8    commercially reasonable efforts to obtain lists of persons
9    described in this subsection (c) for the purpose of
10    implementing this subsection (c).
11        (2) Fantasy sports contest operators, upon learning of
12    a violation of this subsection (c), shall bar the
13    individual committing the violation from playing in any
14    fantasy sports contest by suspending the individual's
15    account and banning the individual from further play, shall
16    terminate any existing promotional agreements with the
17    individual, and shall refuse to make any new promotional
18    agreements that compensate the individual.
19        (3) Fantasy sports contest operators shall make these
20    restrictions known to all affected individuals and
21    corporate entities.
22    (d) No fantasy sports contest operator shall allow minors
23to create a fantasy sports contest account. Fantasy sports
24contest operators shall include age verification measures when
25establishing a fantasy sports contest account.
26    (e) No fantasy sports contest operator may extend credit to

 

 

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1a fantasy sports player.
2    (f) A fantasy sports contest operator shall not permit
3unauthorized scripts to be used on fantasy sports contest
4platforms and shall use commercially reasonable efforts to
5monitor for and to prevent use of such scripts.
6    (g) A fantasy sports contest operator shall bar any
7individual or corporation found to be using an unauthorized
8script from playing in any fantasy sports contest by
9terminating the individual or corporate account and by banning
10that individual or corporation from further play.
11    (h) A fantasy sports contest operator shall not authorize
12scripts that provide a player with a competitive advantage over
13another player.
14    (i) For the purpose of subsections (f), (g), and (h) of
15this Section, a script shall be treated as offering a
16competitive advantage for reasons including, but not limited
17to, its potential use to:
18        (1) facilitate entry of multiple contests with a single
19    line-up;
20        (2) facilitate changes in many line-ups at one time;
21        (3) facilitate use of commercial products designed and
22    distributed by third parties to identify advantageous game
23    strategies; or
24        (4) gather information about the performance of others
25    for the purpose of identifying or entering contests against
26    fantasy sports players who are less likely to be

 

 

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1    successful.
 
2    Section 45. Advertising.
3    (a) Advertisements of fantasy sports contest operators
4shall not depict (i) minors (other than professional athletes
5who may be minors), (ii) students, (iii) schools, colleges, or
6universities, or (iv) school, college, or university settings.
7However, incidental depiction of non-featured minors or minors
8accompanying adults shall not be a violation of this subsection
9(a).
10    (b) Fantasy sports contest operators shall not advertise on
11school, college, or university campuses.
12    (c) Fantasy sports contest operators shall not advertise at
13amateur athletic competitions, except to the extent that those
14competitions are played in stadiums where professional
15competitions are held and where non-digital advertisements
16have been posted, erected, or otherwise displayed in a manner
17that would require substantial effort to remove.
 
18    Section 50. Withholding of delinquent child support.
19    (a) From winnings required to be reported to the Internal
20Revenue Service on Form 1099, a fantasy sports contest operator
21shall withhold up to the full amount of winnings necessary to
22pay the winner's past due child support amount as certified by
23the Department of Healthcare and Family Services under Section
2410-17.15 of the Illinois Public Aid Code. Amounts withheld

 

 

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1shall be paid to the Department of Healthcare and Family
2Services by the fantasy sports contest operator, as applicable.
3    (b) In no event shall the total amount withheld from the
4cash payout exceed the total cash winnings claimed by the
5obligor. If the cash payout claimed is greater than the amount
6sufficient to satisfy the obligor's delinquent child support
7payments, the fantasy sports contest operator shall pay the
8obligor the remaining balance of the payout.
9    (c) Any fantasy sports player that knowingly claims
10winnings from a single fantasy sports contest in a manner to
11intentionally avoid reporting winnings to the Internal Revenue
12Service shall be guilty of a Class A misdemeanor. Fantasy
13sports contest operators shall take commercially and
14technologically reasonable measures to ensure fantasy sports
15players comply with all reporting requirements. If a fantasy
16sports contest operator reasonably believes that the fantasy
17sports player engaged in conduct that would constitute a
18violation of federal reporting requirements, the fantasy
19sports contest operator shall bar the individual committing the
20violation from playing in any fantasy sports contest by
21suspending the individual's account and banning such
22individual from further play until the individual provides the
23fantasy sports contest operator proof that the individual has
24resolved all compliance issues with the Internal Revenue
25Service.
26    (d) A fantasy sports contest operator who in good faith

 

 

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1complies with the requirements of this Section shall not be
2liable to the gaming winner or any other individual or entity.
3    (e) Upon request of a fantasy sports contest operator under
4this Act, an agent of the Board (such as a gaming special agent
5employed by the Board, a State police officer, or a revenue
6agent) shall be responsible for notifying the person identified
7as being delinquent in child support payments that the fantasy
8sports contest operator is required by law to withhold all or a
9portion of his or her winnings. If given, this notification
10must be provided at the time the winnings are withheld.
11    (f) The provisions of this Section shall be operative on
12and after the date that rules are adopted by the Department of
13Healthcare and Family Services pursuant to Section 10-17.15 of
14the Illinois Public Aid Code.
15    (g) The delinquent child support required to be withheld
16under this Section has priority over any secured or unsecured
17claim on cash winnings, except claims for federal or State
18taxes that are required to be withheld under federal or State
19law.
 
20    Section 55. Audits. All fantasy sports contest operators
21with annual fantasy sports contest revenue of $100,000 or more
22shall annually be subject to an audit of the financial
23transactions and condition of the fantasy sports contest
24operator's total operations as they relate to the offering and
25operating of fantasy sports contests and to ensure compliance

 

 

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1with all of the requirements in this Act. Fantasy sports
2contest operators with annual fantasy sports contest revenues
3less than $100,000 shall every 3 years be subject to an audit
4of the financial transactions and condition of the fantasy
5sports contest operator's total operations as they relate to
6the offering and operating of fantasy sports contests and to
7ensure compliance with all of the requirements in this Act. All
8audits and compliance engagements shall be conducted by
9certified public accountants or an independent testing
10laboratory approved by the Board. Each certified public
11accountant must be registered in the State of Illinois under
12the Illinois Public Accounting Act. The compensation for each
13certified public accountant or independent testing laboratory
14shall be paid directly by the fantasy sports contest operator
15to the certified public accountant or independent testing
16laboratory. The audit shall be conducted and submitted to the
17Board by January 31 of each year.
 
18    Section 60. Annual reports. All fantasy sports contest
19operators licensed by the Board must annually submit a report
20to the Board no later than January 31 of each year. Information
21included in the report shall include:
22        (1) the number of fantasy sports player accounts with
23    the fantasy sports contest operator; this shall be broken
24    down between beginner fantasy sports players and highly
25    experienced fantasy sports players;

 

 

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1        (2) the number of new accounts established;
2        (3) the number of accounts closed;
3        (4) the total amount of entry fees received from
4    fantasy sports players located in Illinois;
5        (5) the total amount of prizes awarded to fantasy
6    sports players located in Illinois;
7        (6) the total amount of fantasy sports contest revenue;
8        (7) the number of fantasy sports players that are
9    located in Illinois that requested deposit limit
10    increases; and
11        (8) the number of deposit limit increases granted to
12    fantasy sports players located in Illinois by the fantasy
13    sports contest operator.
 
14    Section 65. Application for licensure; background
15investigation; fees.
16     (a) A qualified person may apply to the Board for a
17fantasy sports contest operators license to conduct fantasy
18sports contests as provided in this Act. The application shall
19be made on forms provided by the Board. The burden is upon each
20applicant to demonstrate suitability for licensure. Each
21fantasy sports contest operator shall be licensed by the Board.
22The Board may issue a license for a period of up to 2 years or,
23in the case of fantasy sports contest operators with annual
24fantasy sports revenues less than $100,000, for up to 3 years .
25    (b) Each person seeking and possessing a license as a

 

 

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1fantasy sports contest operator shall submit to a background
2investigation conducted by the Board with the assistance of the
3State Police or other law enforcement. To the extent that the
4corporate structure of the applicant allows, the background
5investigation shall include any or all of the following as the
6Board deems appropriate or as provided by rule: (i) each
7beneficiary of a trust, (ii) each partner of a partnership,
8(iii) each member of a limited liability company, (iv) each
9director and officer of a publicly or non-publicly held
10corporation, (v) each stockholder of a non-publicly held
11corporation, (vi) each stockholder of 5% or more of a publicly
12held corporation, or (vii) each stockholder of 5% or more in a
13parent or subsidiary corporation.
14    (c) Each person seeking and possessing a license as a
15fantasy sports contest operator shall disclose the identity of
16every person, association, trust, corporation, or limited
17liability company having a greater than 1% direct or indirect
18pecuniary interest in the fantasy sports contest operator for
19which the license is sought. If the disclosed entity is a
20trust, the application shall disclose the names and addresses
21of the beneficiaries; if a corporation, the names and addresses
22of all stockholders and directors; if a limited liability
23company, the names and addresses of all members; or if a
24partnership, the names and addresses of all partners, both
25general and limited.
26    (d) All information, records, interviews, reports,

 

 

09900HB4323ham001- 24 -LRB099 15007 AMC 47868 a

1statements, memoranda, or other data supplied to or used by the
2Board in the course of its review or investigation of an
3application for a license or a renewal under this Act shall be
4privileged and strictly confidential and shall be used only for
5the purpose of evaluating an applicant for a license or a
6renewal. The information, records, interviews, reports,
7statements, memoranda, or other data shall not be admissible as
8evidence nor discoverable in any action of any kind in any
9court or before any tribunal, board, agency, or person, except
10for any action deemed necessary by the Board.
11    (e) No person may be licensed as a fantasy sports contest
12operator if that person has been found by the Board to:
13        (1) have a background, including a criminal record,
14    reputation, habits, social or business associations, or
15    prior activities, that poses a threat to the public
16    interests of the State or to the security and integrity of
17    fantasy sports contests;
18        (2) create or enhance the dangers of unsuitable,
19    unfair, or illegal practices, methods, and activities in
20    the conduct of fantasy sports contests; or
21        (3) present questionable business practices and
22    financial arrangements incidental to the conduct of
23    fantasy sports contests.
24    (f) Any applicant for a license under this Act has the
25burden of proving his or her qualifications to the satisfaction
26of the Board. The Board may adopt rules to establish additional

 

 

09900HB4323ham001- 25 -LRB099 15007 AMC 47868 a

1qualifications and requirements to preserve the integrity and
2security of fantasy sports contests in this State.
3    (g) A fantasy sports contest operator that has been
4operating in Illinois for at least 6 months on December 23,
52015 may operate in Illinois until a final decision is rendered
6on the application for a fantasy sports contest operator
7license.
8    (h) A non-refundable application fee shall be paid at the
9time an application for a license is filed with the Board in
10the following amounts:
11    (1) Fantasy sports contest operator with annual
12        fantasy sports contest revenue greater
13        than $10,000,000..............................$25,000
14    (2) Fantasy sports contest operator with annual
15        fantasy sports contest revenue greater than
16        $5,000,000 but not more than $10,000,000......$12,500
17    (3) Fantasy sports contest operator with annual
18        fantasy sports contest revenue greater than
19        $1,000,000 but not more than $5,000,000........$7,500
20    (4) Fantasy sports contest operator with annual
21        fantasy sports contest revenue greater than
22        $100,000 but not more than $1,000,000..........$5,000
23    (5) Fantasy sports contest operator with annual
24        fantasy sports contest revenue less
25        than $100,000....................................$500
26    (i) The Board shall establish a fee for each license not to

 

 

09900HB4323ham001- 26 -LRB099 15007 AMC 47868 a

1exceed the following for the initial licensure period:
2    (1) Fantasy sports contest operator with annual
3        fantasy sports contest revenue greater
4        than $10,000,000..............................$50,000
5    (2) Fantasy sports contest operator with annual
6        fantasy sports contest revenue greater than
7        $5,000,000 but not more than $10,000,000......$25,000
8    (3) Fantasy sports contest operator with annual
9        fantasy sports contest revenue greater than
10        $1,000,000 but not more than $5,000,000.......$15,000
11    (4) Fantasy sports contest operator with annual
12        fantasy sports contest revenue greater than
13        $100,000 but not more than $1,000,000.........$10,000
14    (5) Fantasy sports contest operator with annual
15        fantasy sports contest revenue less
16        than $100,000..................................$1,500
17    (j) For subsequent licensure periods, the renewal fee shall
18not exceed the following:
19    (1) Fantasy sports contest operator with annual
20        fantasy sports contest revenue greater
21        than $10,000,000..............................$37,500
22    (2) Fantasy sports contest operator with annual
23        fantasy sports contest revenue greater than
24        $5,000,000 but not more than $10,000,000......$18,750
25    (3) Fantasy sports contest operator with annual
26        fantasy sports contest revenue greater than

 

 

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1        $1,000,000 but no more than $5,000,000........$11,250
2    (4) Fantasy sports contest operator with annual
3        fantasy sports contest revenue greater than
4        $100,000 but not more than $1,000,000..........$7,500
5    (5) Fantasy sports contest operator with annual
6        fantasy sports contest revenue less
7        than $100,000..................................$1,125
 
8    Section 70. Distribution of license fees.
9     (a) All fees collected under Section 65 of this Act shall
10be deposited into the State Gaming Fund.
11    (b) Fees collected under Section 65 of this Act shall be
12used for the administration of this Act.
13    (c) All licenses issued by the Board under this Act are
14renewable every 2 years for fantasy sports contest operators
15with annual fantasy sports contest revenues of $100,000 or more
16and every 3 years for fantasy sports contest operators with
17annual fantasy sports contest revenues less than $100,000
18unless sooner cancelled or terminated. No license issued under
19this Act is transferable or assignable.
 
20    Section 75. Imposition and distribution of tax.
21     (a) A privilege tax is imposed on persons engaged in the
22business of operating fantasy sports contests based on the
23fantasy sports contest revenues received by a fantasy sports
24contest operator licensed under this Act at the following

 

 

09900HB4323ham001- 28 -LRB099 15007 AMC 47868 a

1graduated tax rates:
2        (1) 5% of annual fantasy sports contest revenues up to
3    and including $1,000,000;
4        (2) 7.5% of annual fantasy sports contest revenues in
5    excess of $1,000,000 but not exceeding $3,000,000;
6        (3) 10% of annual fantasy sports contest revenues in
7    excess of $3,000,000 but not exceeding $8,000,000;
8        (4) 15% of annual fantasy sports contest revenues in
9    excess of $8,000,000 but not exceeding $15,000,000; and
10        (5) 22.5% of annual fantasy sports contest revenues in
11    excess of $15,000,000;
12     (b) The taxes imposed by this Section shall be paid by the
13fantasy sports contest operator to the Board not later than the
14fifteenth day of every month for the previous month's privilege
15taxes. All payments not remitted when due shall be paid
16together with a penalty assessment on the unpaid balance at a
17rate of 1.5% per month.
18    (c) All of the tax collected under this Section shall be
19deposited into the Education Assistance Fund.
 
20    Section 80. Limitation on taxation of fantasy sports
21contest operators. Fantasy sports contest operators shall not
22be subjected to any excise tax, license tax, permit tax,
23privilege tax, or occupation tax that is imposed exclusively
24upon the licensee by the State or any political subdivision
25thereof, except as provided in this Act.
 

 

 

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1    Section 900. The Regulatory Sunset Act is amended by
2changing Section 4.30 as follows:
 
3    (5 ILCS 80/4.30)
4    Sec. 4.30. Acts repealed on January 1, 2020. The following
5Acts are repealed on January 1, 2020:
6    The Auction License Act.
7    The Community Association Manager Licensing and
8Disciplinary Act.
9    The Illinois Architecture Practice Act of 1989.
10    The Illinois Landscape Architecture Act of 1989.
11    The Illinois Professional Land Surveyor Act of 1989.
12    The Land Sales Registration Act of 1999.
13    The Orthotics, Prosthetics, and Pedorthics Practice Act.
14    The Perfusionist Practice Act.
15    The Professional Engineering Practice Act of 1989.
16    The Real Estate License Act of 2000.
17    The Structural Engineering Practice Act of 1989.
18    The Fantasy Sports Contest Act.
19(Source: P.A. 96-610, eff. 8-24-09; 96-626, eff. 8-24-09;
2096-682, eff. 8-25-09; 96-726, eff. 7-1-10; 96-730, eff.
218-25-09; 96-855, eff. 12-31-09; 96-856, eff. 12-31-09;
2296-1000, eff. 7-2-10.)
 
23    Section 905. The Illinois Public Aid Code is amended by

 

 

09900HB4323ham001- 30 -LRB099 15007 AMC 47868 a

1changing Section 10-17.15 as follows:
 
2    (305 ILCS 5/10-17.15)
3    Sec. 10-17.15. Certification of information to State
4gaming licensees.
5    (a) For purposes of this Section, "State gaming licensee"
6means, as applicable, an organization licensee or advance
7deposit wagering licensee licensed under the Illinois Horse
8Racing Act of 1975, an owners licensee licensed under the
9Riverboat Gambling Act, or a licensee that operates, under any
10law of this State, one or more facilities or gaming locations
11at which lawful gambling is authorized and licensed as provided
12in the Riverboat Gambling Act, or a fantasy sports contest
13operator licensed under the Fantasy Sports Contest Act.
14    (b) The Department may provide, by rule, for certification
15to any State gaming licensee of past due child support owed by
16a responsible relative under a support order entered by a court
17or administrative body of this or any other State on behalf of
18a resident or non-resident receiving child support services
19under this Article in accordance with the requirements of Title
20IV-D, Part D, of the Social Security Act. The State gaming
21licensee shall have the ability to withhold from winnings
22required to be reported to the Internal Revenue Service on Form
23W-2G, up to the full amount of winnings necessary to pay the
24winner's past due child support. The rule shall provide for
25notice to and an opportunity to be heard by each responsible

 

 

09900HB4323ham001- 31 -LRB099 15007 AMC 47868 a

1relative affected and any final administrative decision
2rendered by the Department shall be reviewed only under and in
3accordance with the Administrative Review Law.
4    (c) For withholding of winnings, the State gaming licensee
5shall be entitled to an administrative fee not to exceed the
6lesser of 4% of the total amount of cash winnings paid to the
7gambling winner or $150.
8    (d) In no event may the total amount withheld from the cash
9payout, including the administrative fee, exceed the total cash
10winnings claimed by the obligor. If the cash payout claimed is
11greater than the amount sufficient to satisfy the obligor's
12delinquent child support payments, the State gaming licensee
13shall pay the obligor the remaining balance of the payout, less
14the administrative fee authorized by subsection (c) of this
15Section, at the time it is claimed.
16    (e) A State gaming licensee who in good faith complies with
17the requirements of this Section shall not be liable to the
18gaming winner or any other individual or entity.
19(Source: P.A. 98-318, eff. 8-12-13.)
 
20    Section 910. The Criminal Code of 2012 is amended by
21changing Section 28-1 as follows:
 
22    (720 ILCS 5/28-1)  (from Ch. 38, par. 28-1)
23    Sec. 28-1. Gambling.
24    (a) A person commits gambling when he or she:

 

 

09900HB4323ham001- 32 -LRB099 15007 AMC 47868 a

1        (1) knowingly plays a game of chance or skill for money
2    or other thing of value, unless excepted in subsection (b)
3    of this Section;
4        (2) knowingly makes a wager upon the result of any
5    game, contest, or any political nomination, appointment or
6    election;
7        (3) knowingly operates, keeps, owns, uses, purchases,
8    exhibits, rents, sells, bargains for the sale or lease of,
9    manufactures or distributes any gambling device;
10        (4) contracts to have or give himself or herself or
11    another the option to buy or sell, or contracts to buy or
12    sell, at a future time, any grain or other commodity
13    whatsoever, or any stock or security of any company, where
14    it is at the time of making such contract intended by both
15    parties thereto that the contract to buy or sell, or the
16    option, whenever exercised, or the contract resulting
17    therefrom, shall be settled, not by the receipt or delivery
18    of such property, but by the payment only of differences in
19    prices thereof; however, the issuance, purchase, sale,
20    exercise, endorsement or guarantee, by or through a person
21    registered with the Secretary of State pursuant to Section
22    8 of the Illinois Securities Law of 1953, or by or through
23    a person exempt from such registration under said Section
24    8, of a put, call, or other option to buy or sell
25    securities which have been registered with the Secretary of
26    State or which are exempt from such registration under

 

 

09900HB4323ham001- 33 -LRB099 15007 AMC 47868 a

1    Section 3 of the Illinois Securities Law of 1953 is not
2    gambling within the meaning of this paragraph (4);
3        (5) knowingly owns or possesses any book, instrument or
4    apparatus by means of which bets or wagers have been, or
5    are, recorded or registered, or knowingly possesses any
6    money which he has received in the course of a bet or
7    wager;
8        (6) knowingly sells pools upon the result of any game
9    or contest of skill or chance, political nomination,
10    appointment or election;
11        (7) knowingly sets up or promotes any lottery or sells,
12    offers to sell or transfers any ticket or share for any
13    lottery;
14        (8) knowingly sets up or promotes any policy game or
15    sells, offers to sell or knowingly possesses or transfers
16    any policy ticket, slip, record, document or other similar
17    device;
18        (9) knowingly drafts, prints or publishes any lottery
19    ticket or share, or any policy ticket, slip, record,
20    document or similar device, except for such activity
21    related to lotteries, bingo games and raffles authorized by
22    and conducted in accordance with the laws of Illinois or
23    any other state or foreign government;
24        (10) knowingly advertises any lottery or policy game,
25    except for such activity related to lotteries, bingo games
26    and raffles authorized by and conducted in accordance with

 

 

09900HB4323ham001- 34 -LRB099 15007 AMC 47868 a

1    the laws of Illinois or any other state;
2        (11) knowingly transmits information as to wagers,
3    betting odds, or changes in betting odds by telephone,
4    telegraph, radio, semaphore or similar means; or knowingly
5    installs or maintains equipment for the transmission or
6    receipt of such information; except that nothing in this
7    subdivision (11) prohibits transmission or receipt of such
8    information for use in news reporting of sporting events or
9    contests; or
10        (12) knowingly establishes, maintains, or operates an
11    Internet site that permits a person to play a game of
12    chance or skill for money or other thing of value by means
13    of the Internet or to make a wager upon the result of any
14    game, contest, political nomination, appointment, or
15    election by means of the Internet. This item (12) does not
16    apply to activities referenced in items (6) and (6.1) of
17    subsection (b) of this Section. This item (12) does not
18    apply to activities referenced in item (15) subsection (b)
19    of this Section.
20    (b) Participants in any of the following activities shall
21not be convicted of gambling:
22        (1) Agreements to compensate for loss caused by the
23    happening of chance including without limitation contracts
24    of indemnity or guaranty and life or health or accident
25    insurance.
26        (2) Offers of prizes, award or compensation to the

 

 

09900HB4323ham001- 35 -LRB099 15007 AMC 47868 a

1    actual contestants in any bona fide contest for the
2    determination of skill, speed, strength or endurance or to
3    the owners of animals or vehicles entered in such contest.
4        (3) Pari-mutuel betting as authorized by the law of
5    this State.
6        (4) Manufacture of gambling devices, including the
7    acquisition of essential parts therefor and the assembly
8    thereof, for transportation in interstate or foreign
9    commerce to any place outside this State when such
10    transportation is not prohibited by any applicable Federal
11    law; or the manufacture, distribution, or possession of
12    video gaming terminals, as defined in the Video Gaming Act,
13    by manufacturers, distributors, and terminal operators
14    licensed to do so under the Video Gaming Act.
15        (5) The game commonly known as "bingo", when conducted
16    in accordance with the Bingo License and Tax Act.
17        (6) Lotteries when conducted by the State of Illinois
18    in accordance with the Illinois Lottery Law. This exemption
19    includes any activity conducted by the Department of
20    Revenue to sell lottery tickets pursuant to the provisions
21    of the Illinois Lottery Law and its rules.
22        (6.1) The purchase of lottery tickets through the
23    Internet for a lottery conducted by the State of Illinois
24    under the program established in Section 7.12 of the
25    Illinois Lottery Law.
26        (7) Possession of an antique slot machine that is

 

 

09900HB4323ham001- 36 -LRB099 15007 AMC 47868 a

1    neither used nor intended to be used in the operation or
2    promotion of any unlawful gambling activity or enterprise.
3    For the purpose of this subparagraph (b)(7), an antique
4    slot machine is one manufactured 25 years ago or earlier.
5        (8) Raffles and poker runs when conducted in accordance
6    with the Raffles and Poker Runs Act.
7        (9) Charitable games when conducted in accordance with
8    the Charitable Games Act.
9        (10) Pull tabs and jar games when conducted under the
10    Illinois Pull Tabs and Jar Games Act.
11        (11) Gambling games conducted on riverboats when
12    authorized by the Riverboat Gambling Act.
13        (12) Video gaming terminal games at a licensed
14    establishment, licensed truck stop establishment, licensed
15    fraternal establishment, or licensed veterans
16    establishment when conducted in accordance with the Video
17    Gaming Act.
18        (13) Games of skill or chance where money or other
19    things of value can be won but no payment or purchase is
20    required to participate.
21        (14) Savings promotion raffles authorized under
22    Section 5g of the Illinois Banking Act, Section 7008 of the
23    Savings Bank Act, Section 42.7 of the Illinois Credit Union
24    Act, Section 5136B of the National Bank Act (12 U.S.C.
25    25a), or Section 4 of the Home Owners' Loan Act (12 U.S.C.
26    1463).

 

 

09900HB4323ham001- 37 -LRB099 15007 AMC 47868 a

1        (15) Fantasy sports contests and participation in
2    fantasy sports contests as defined and offered under the
3    Fantasy Sports Contest Act.
4    (c) Sentence.
5    Gambling is a Class A misdemeanor. A second or subsequent
6conviction under subsections (a)(3) through (a)(12), is a Class
74 felony.
8    (d) Circumstantial evidence.
9    In prosecutions under this Section circumstantial evidence
10shall have the same validity and weight as in any criminal
11prosecution.
12(Source: P.A. 98-644, eff. 6-10-14; 99-149, eff. 1-1-16.)
 
13    Section 999. Effective date. This Act takes effect upon
14becoming law.".