SB1224 FANTASY SPORTS PROTECTION ACT | Illinois Bill

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB1224

Introduced 1/24/2025, by Sen. Lakesia Collins

SYNOPSIS AS INTRODUCED:

New Act
5 ILCS 100/5-45.65 new
230 ILCS 45/25-10
720 ILCS 5/28-1

from Ch. 38, par. 28-1
720 ILCS 5/28-3

from Ch. 38, par. 28-3

Creates the Fantasy Sports Consumer Protection Act. Provides that the
Illinois Gaming Board may regulate the conduct of fantasy contest
operators under the Act. Allows the Board to levy and collect fees,
surcharges, civil penalties, and, on adjusted gross fantasy contest
receipts imposed under the Act, monthly taxes, and identifies other powers
and duties of the Board. Includes restrictions, including requiring
licensing, of fantasy contest operators. Includes license requirements and
requirements for allowable fantasy contests. Contains provisions relating
to denial of a license, independent audits, reporting and investigation of
prohibited conduct, taxes, compulsive gambling and voluntary
self-exclusion, and supplier diversity goals for fantasy contest
operators. Amends the Sports Wagering Act. Excludes fantasy contests from
the definition of "sports wagering". Amends the Criminal Code of 2012.
Provides that participants in fantasy contest wagering shall not be
convicted of the offense of gambling when conducted in accordance with the
Fantasy Sports Consumer Protection Act. Excludes any real estate, vehicle,
boat, or any other property whatsoever used for the purposes of gambling
under the Fantasy Sports Consumer Protection Act from the definition of
"gambling place" under the offense of keeping a gambling place. Amends the
Illinois Administrative Procedure Act. Grants the Illinois Gaming Board
emergency rulemaking authority to implement the Fantasy Sports Consumer
Protection Act. Effective immediately.
LRB104 06316 LNS 16351 b

A BILL FOR

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AN ACT concerning gaming.

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

Section 1.
Short title.
This Act may be cited as the
5
Fantasy Sports Consumer Protection Act.

Section 5.
Definitions.
As used in this Act:
7

"Adjusted gross fantasy contest receipts" means the amount
8
equal to the total of all entry fees that a fantasy contest
9
operator collects from all participants less only the total of
10
all prizes paid out as prizes to all participants multiplied
11
by the location percentage for this State.
12

"Board" means the Illinois Gaming Board.
13

"Entry fee" means a nonrefundable cash or cash equivalent
14
that is paid by a participant and set in advance by a fantasy
15
contest operator granting the participant the right to
16
participate in a fantasy contest.
17

"Fantasy contest" means an online fantasy or simulated
18
game or contest of skill with an entry fee in which:
19

(1) the values of all prizes offered to a winning
20

participant are established and made known to the
21

participant in advance of the contest;
22

(2) all winning outcomes reflect the relative
23

knowledge and skill of the participant;

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(3) the participant assembles, owns, or manages a
2

fictional entry or roster of actual professional or
3

amateur athletes, in real-world sports events, or an
4

organized video game competition that is regulated by a
5

governing body and that is held between professional
6

players who play individually or as teams;
7

(4) a participant competes for prizes awarded by a
8

fantasy contest operator based on terms and conditions
9

published by the fantasy contest operator and made known
10

to the participant in advance of the contest;
11

(5) winning outcomes are determined solely by clearly
12

established scoring criteria based on one or more
13

statistical results of the performance of an individual
14

athlete, including, but not limited to, a fantasy score;
15

and
16

(6) no winning outcome is entirely based on the score,
17

point spread, or any performance of any single actual team
18

or combination of teams or solely on any single
19

performance of an individual athlete or player in any
20

single actual event.
21
"Fantasy contest" includes both contests wherein participants
22
compete against each other and contests wherein only a single
23
participant competes against a target score set by the fantasy
24
contest operator. "Fantasy contest" does not include any
25
fantasy contest without an entry fee.
26

"Fantasy contest operator" means a person or entity that

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offers fantasy contests to members of the public. "Fantasy
2
contest operator" does not include an Internet service
3
provider or a provider of mobile data services merely as a
4
result of that entity's transporting general traffic that may
5
include a fantasy contest and does not include a fantasy
6
contest participant by virtue of doing any combination of the
7
following: (i) setting house rules for a contest; (ii)
8
assigning a salary or target score to any eligible athlete or
9
player; (iii) accepting an entry fee from a fantasy contest
10
participant; or (iv) awarding or disbursing prizes in
11
conformance with this Act.
12

"Location percentage" means the percentage rounded to the
13
nearest 0.1% of the total entry fees collected from players
14
located in this State, divided by the total entry fees
15
collected from all players in the fantasy contest.
16

"Participant" means an individual who participates in a
17
fantasy contest offered by a fantasy contest operator.
18

"Prohibited participant" means an individual who has
19
self-excluded under Section 45 or an athlete, coach, referee,
20
trainer, or team staff when there is direct involvement of the
21
athlete, coach, referee, trainer, or staff; the athlete's or
22
staff's team; or the athletes that the coach coaches or the
23
trainer trains.
24

"Qualified applicant" means an applicant for a license
25
under this Act whose application meets the mandatory minimum
26
qualification criteria as required by the Board.

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Section 10.
Board duties and powers.
2

(a) The Board may regulate the conduct of fantasy contest
3
operators under this Act.
4

(b) The Board shall adopt any rules the Board considers
5
necessary for the successful implementation, administration,
6
and enforcement of this Act. The Board shall adopt rules no
7
later than 180 days after the effective date of this Act. Rules
8
proposed by the Board may be adopted as emergency rules under
9
Section 5-45 of the Illinois Administrative Procedure Act.
10

(c) The Board shall levy and collect all fees, surcharges,
11
civil penalties, and, on adjusted gross fantasy contest
12
receipts imposed under this Act, monthly taxes as follows:
13

(1) All registration and renewal fees collected under
14

this Act shall be deposited and distributed as follows:
15

(A) 85% of fees shall be deposited into the State
16

Gaming Fund and used for the administration of this
17

Act; and
18

(B) 15% of fees shall be paid, subject to
19

appropriation by the General Assembly, to the
20

Department of Human Services for administration of
21

programs for the treatment of compulsive gambling.
22

(2) All taxes collected under Section 40 shall be
23

deposited into the Common School Fund.
24

(3) All civil penalties levied as a direct result of
25

violations of this Act, less any costs incurred by the

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Board during the course of investigation which resulted in
2

the civil penalty, shall be paid, subject to appropriation
3

by the General Assembly, to the Department of Human
4

Services for administration of programs for the treatment
5

of compulsive gambling.
6

(d) The Board shall require fantasy contest operators to
7
comply with the anti-money laundering standards, as defined by
8
the federal Bank Secrecy Act of 1970 and the Anti-Money
9
Laundering Act of 2020.
10

(e) The Board shall verify that fantasy contest operators
11
establish technical and operational measures to prevent
12
underage participation in a fantasy contest.
13

(f) The Board shall verify that fantasy contest operators
14
deploy identity verification procedures, which may require the
15
use of a reputable independent third party that is in the
16
business of verifying an individual's personally identifiable
17
information and can detect potential prohibited participants.
18

(g) The Board shall verify that fantasy contest operators
19
employ mechanisms on the operator's platform that are designed
20
to detect and prevent unauthorized accounts and to detect and
21
prevent fraud, money laundering, and collusion.
22

(h) The Board shall require the use of geolocation
23
technology to verify that a participant is not accessing the
24
platform from a restricted jurisdiction.
25

(i) The Board shall adopt rules establishing compulsive
26
and problem gambling standards for fantasy contest operators

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that are consistent with this Act.
2

(j) The Board may exercise any other powers necessary to
3
enforce the provisions of this Act that it regulates and the
4
rules of the Board.
5

(k) The Board and fantasy contest operator licensees may
6
cooperate with investigations conducted by law enforcement
7
agencies, including, but not limited to, providing and
8
facilitating the provision of account-level entry and
9
participation information.
10

(l) A fantasy contest operator licensee shall make all
11
reasonable efforts to promptly notify the Board of any
12
information relating to:
13

(1) a confirmed breach of the relevant sport's
14

governing body's internal rules and codes of conduct
15

pertaining to participation in real-money fantasy
16

contests;
17

(2) any conduct that corrupts any outcome related to a
18

sports event or sports events for purposes of financial
19

gain, including match fixing; and
20

(3) confirmed illegal activities, including use of
21

funds derived from illegal activity, entries to conceal or
22

launder funds derived from illegal activity,
23

multi-accounting, and using false identification.

Section 15.
License.
25

(a) Except as otherwise provided in this Section, a person

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may not offer fantasy contests in this State unless the person
2
is licensed by the Board as a fantasy contest operator.
3

(b) An applicant for a license issued under this Act shall
4
submit an application to the Board in the form the Board
5
requires. The applicant shall submit fingerprints for a
6
national criminal history record check by a law enforcement
7
agency. The fingerprints shall be furnished by the applicant's
8
owners, officers, and directors (if a corporation), managers
9
and members (if a limited liability company), and partners (if
10
a partnership). The fingerprints shall be accompanied by a
11
signed authorization for the release of information by the law
12
enforcement agency. The Board may require additional
13
background checks on licensees when they apply for license
14
renewal, and an applicant convicted of a disqualifying offense
15
shall not be licensed. This subsection does not require an
16
applicant or individual who has submitted to a national
17
criminal history record check in this State or any other state
18
within the 12 months before submitting the application to
19
resubmit to another criminal history record check if the
20
applicant or individual submits the results of the previous
21
criminal history record check and affirms that there has been
22
no material change in the criminal history since the time of
23
the criminal history record check.
24

(1) The name of the applicant.

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(2) The location of the applicant's principal place of
2

business.
3

(3) The applicant's contact information.
4

(4) The applicant's social security number or, if
5

applicable, the applicant's federal tax identification
6

number.
7

(5) The name and address of each individual that holds
8

a 10% or more ownership interest in the applicant or in
9

shares of the applicant.
10

(6) The applicant's criminal record, if any, or, if
11

the applicant is a business entity, on request, any
12

criminal record of an individual who is a director,
13

officer, or key employee of the applicant or any
14

individual who has a 10% or more ownership interest in the
15

applicant.
16

(7) Any ownership interest that a director, officer,
17

key employee, or individual owner of 10% or more of the
18

applicant holds in a business that is or was a fantasy
19

contest operator or similar entity in any jurisdiction.
20

(8) An identification of any business in which an
21

applicant or a director, officer, key employee, or
22

individual owner of 10% or more of the applicant has an
23

equity interest of 5% or more. If a business has been
24

identified under this paragraph, documentation must be
25

provided showing the state in which the business is
26

incorporated or registered, if applicable.

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(9) Whether an applicant, director, officer, key
2

employee, or individual owner of 10% or more of the
3

applicant has ever applied for or been granted any
4

license, registration, or certificate issued by a
5

licensing authority in this State or any other
6

jurisdiction for a gaming activity.
7

(10) Whether an applicant or a director, officer, key
8

employee, or individual owner of 10% or more of the
9

applicant has filed or been served with a complaint or
10

other notice filed by a public body regarding the
11

delinquency in payment of or dispute over filings
12

concerning the payment of any tax required under federal,
13

State, or local law, including the amount of tax, the type
14

of tax, the taxing agency, and the time periods involved.
15

(11) Information sufficient to show, as determined by
16

the Board, that the applicant can meet the requirements of
17

procedures submitted by the applicant under the Act and
18

under any rules adopted under this Act.
19

(12) The Board may adopt rules to establish additional
20

qualifications and requirements to preserve the integrity
21

and security of fantasy contests in this State and to
22

promote and maintain a competitive fantasy sports market.
23

(d) On receipt of a completed application and the required
24
fee, the Board shall conduct the necessary background
25
investigation to determine if the applicant meets the
26
qualifications for licensure. On completion of the necessary

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background investigation, the Board shall either issue a
2
license or deny the application. If the application for
3
licensure is denied, a statement setting forth the grounds for
4
denial shall be forwarded to the applicant together with all
5
other documents relied on by the Board, to the extent allowed
6
by law.

Section 20.
Fantasy contests.
8

(a) Any fantasy contest conducted under this Act does not
9
constitute gambling for any purpose, including under Article
10
28 of the Criminal Code of 1961 or the Criminal Code of 2012.
11

(b) Notwithstanding any provision of law to the contrary,
12
the operation of fantasy contests is only lawful when
13
conducted in accordance with the provisions of this Act.
14

(d) A licensee under this Act may only accept an entry from
17
a person physically located in the State. A fantasy contest
18
operator must use a geolocation system to ensure that a
19
participant is physically present in the State when
20
participating in the fantasy contest unless otherwise
21
authorized by the Board.
22

(e) This Act shall be construed liberally to promote the
23
general welfare of the public and integrity of the fantasy
24
sports industry. However, the Board may not adopt rules
25
limiting or regulating the rules or administration of an

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individual fantasy contest, the statistical makeup of a
2
fantasy contest, or the digital platform of a fantasy contest
3
operator.
4

(f) No licensed fantasy contest operator shall be forced
5
to surrender or terminate its license prior to the date of
6
expiration of the license solely by virtue of a change in the
7
rules adopted under this Act.

Section 25.
Issuance and denial of license.
9

(a) The initial license fee for a fantasy contest operator
10
that operated in Illinois before the effective date of this
11
Act shall be 8% of its adjusted gross fantasy contest receipts
12
from the preceding calendar year or $1,000,000, whichever is
13
less. The initial license fee for a fantasy contest operator
14
that did not operate in Illinois for at least 12 months before
15
the effective date of this Act shall be $10,000, except, if a
16
fantasy contest operator has 10,000 or more fantasy contest
17
participants in Illinois with an active account who
18
participated in at least one fantasy contest with an entry
19
fee, then the fantasy contest operator shall notify the Board
20
and remit an application fee in the amount of $990,000 within
21
10 days of notifying the Board.
22

(b) A fantasy contest operator that was offering contests
23
to persons located in Illinois before the effective date of
24
this Act pursuant to a bona fide attorney opinion letter may
25
continue to offer contests to persons located in Illinois

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until the fantasy contest operator's application for licensure
2
has been approved or denied under this Act if the fantasy
3
contest operator files an application for licensure with the
4
Board within 90 days after the adoption of rules to effectuate
5
this Act.
6

(c) Licenses issued by the Board shall remain in effect
7
for 4 years. The Board shall establish a process for renewal
8
with a renewal fee being 1% of the adjusted gross fantasy
9
contests receipts for the preceding 4 years.
10

(d) A fantasy contest operator that allows its license to
11
lapse, without requesting an extension of time to file, shall
12
resubmit an initial application. An extension may be granted
13
by the Board upon receipt of a written request.
14

(e) A fantasy contest operator applying for a license or
15
renewal of a license may operate during the application period
16
unless the Board has reasonable cause to believe that the
17
fantasy contest operator is or may be in violation of the
18
provisions of this Act and the Board requires the fantasy
19
contest operator to suspend the operation of any fantasy
20
contest until the license or renewal of a license is issued.

Section 30.
Independent audits.
22

(a) As part of its submission for licensure or renewal, an
23
applicant shall: (i) contract with a certified public
24
accountant to conduct an independent audit, consistent with
25
generally accepted accounting principles; (ii) annually

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contract with a testing laboratory recognized by the Board to
2
verify compliance with the provisions of this Act; and (iii)
3
submit to the Board a copy of the audit report and a report of
4
the testing laboratory.
5

(b) An initial applicant is not required to submit an
6
audit report and report of the testing laboratory until the 24
7
months following the issuance of a licensee to the licensee.

Section 35.
Reporting prohibited conduct; investigations
9
of prohibited conduct.
10

(a) The Board shall investigate all reasonable allegations
11
of prohibited conduct and refer any allegations it deems
12
credible to the appropriate law enforcement entity.
13

(b) The identity of any reporting person shall remain
14
confidential unless that person authorizes disclosure of the
15
person's identity or until the allegation of prohibited
16
conduct is referred to law enforcement.
17

(c) If the Board receives a complaint of prohibited
18
conduct by an athlete, the Board shall notify the appropriate
19
sports governing body of the athlete to review the complaint
20
as provided by rule of the Board.
21

(d) The Board shall adopt rules governing investigations
22
of prohibited conduct and referrals to law enforcement
23
entities.

Section 40.
Tax.
Beginning on July 1, 2025, for the

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privilege of holding a license to operate fantasy contests
2
under this Act, this State shall impose and collect a tax at a
3
rate of at least 10% but not more than 15%, as determined by
4
rule of the Board, of the fantasy contest operator's adjusted
5
gross fantasy contests receipts. The accrual method of
6
accounting shall be used for purposes of calculating the
7
amount of the tax owed by the licensee. The fantasy contest
8
operator shall submit to the Board, on or before the last day
9
of each calendar month, a return indicating the amount of tax
10
due under this Section for the previous calendar month as well
11
as any other information the Board shall require by rule and
12
shall remit to the Board payment of the tax due under this
13
Section with that return.

Section 45.
Compulsive gaming; voluntary self-exclusion.
15

(a) Each licensee shall include a statement regarding
16
obtaining assistance with real-money gaming problems on the
17
licensee's portal, website, or computer or mobile application
18
and on all marketing materials and advertisements of the
19
licensee.
20

(b) A resident, or nonresident if allowed to participate
21
in fantasy contests, may voluntarily prohibit the resident or
22
nonresident from establishing a fantasy contest account with a
23
fantasy contest operator under this Act. The Board shall
24
incorporate the voluntary self-exclusion program for fantasy
25
contests into any existing self-exclusion program that it

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operates on the effective date of this Act.
2

(c) If a self-excluded person participates in a fantasy
3
contest, the fantasy contest operator shall report to the
4
Board, at a minimum, the name of the self-excluded person, the
5
date of participation, the amount or value of any money,
6
prizes, or awards forfeited, if any, and any other action
7
taken.
8

(d) A fantasy contest operator may not pay any prize or
9
award to a person who is on the Board's self-exclusion list.
10
Any prize or award won by a person on the self-exclusion list
11
is forfeited and shall be donated by the fantasy contest
12
operator to the problem gaming charities or programs as
13
identified and directed by the Board on a quarterly basis by
14
the twenty-fifth day of the following month.
15

(e) A fantasy contest operator shall develop and maintain
16
a program to mitigate compulsive play and curtail compulsive
17
play, which may be in conjunction with the Board.

Section 50.
Supplier diversity goals for fantasy contest
19
operators.
20

(a) The Board shall require licensees under this Act to
21
submit an annual report, in a searchable Adobe PDF format, on
22
all procurement goals and actual spending for businesses owned
23
by women, minorities, veterans, tribal and indigenous persons,
24
and persons with disabilities and for all small business
25
enterprises in the previous calendar year. These goals shall

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be expressed as a percentage of the total work performed by the
2
entity submitting the report, and the actual spending for all
3
businesses owned by women, minorities, veterans, tribal and
4
indigenous persons, and persons with disabilities and for all
5
small business enterprises shall also be expressed as a
6
percentage of the total work performed by the entity
7
submitting the report. The initial report shall be due one
8
year after the effective date of this Act and once every 2
9
years thereafter.
10

(b) Each licensee in its annual report shall include the
11
following information:
12

(1) an explanation of the plan for the next year to
13

increase participation;
14

(2) an explanation of the plan to increase the goals;
15

(3) the areas of procurement each licensee shall be
16

actively seeking more participation in the next year;
17

(4) an outline of the plan to alert and encourage
18

potential vendors in that area to seek business from the
19

licensee;
20

(5) an explanation of the challenges faced in finding
21

quality vendors and offer any suggestions for what the
22

Board could do to be helpful to identify those vendors;
23

(6) a list of the certifications the licensee
24

recognizes;
25

(7) the point of contact for any potential vendor who
26

wishes to do business with the licensee and explain the

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process for a vendor to enroll with the licensee as a
2

businesses owned by women, minorities, veterans, tribal
3

and indigenous persons, or persons with disabilities; and
4

(8) any particular success stories to encourage other
5

licensees to emulate best practices.
6

(c) Each annual report shall include as much
7
State-specific data as possible. If the submitting entity does
8
not submit State-specific data, then the licensee shall
9
include any national data it does have and explain why it could
10
not submit State-specific data and how it intends to do so in
11
future reports, if possible.
12

(d) Each annual report shall include the rules,
13
regulations, and definitions used for the procurement goals in
14
the licensee's annual report.

Section 100.
The Illinois Administrative Procedure Act is
16
amended by adding Section 5-45.65 as follows:

(5 ILCS 100/5-45.65 new)
18

Sec. 5-45.65.
Emergency rulemaking; Illinois Gaming Board.
19
To provide for the expeditious and timely implementation of
20
this amendatory Act of the 104th General Assembly, emergency
21
rules implementing the Fantasy Sports Consumer Protection Act
22
may be adopted in accordance with Section 5-45 by the Illinois
23
Gaming Board. The adoption of emergency rules authorized by
24
Section 5-45 and this Section is deemed to be necessary for the

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public interest, safety, and welfare.
2

This Section is repealed one year after the effective date
3
of this amendatory Act of the 104th General Assembly.

Section 105.
The Sports Wagering Act is amended by
5
changing Section 25-10 as follows:

(230 ILCS 45/25-10)
7

Sec. 25-10.
Definitions.
As used in this Act:
8

"Adjusted gross sports wagering receipts" means a master
9
sports wagering licensee's gross sports wagering receipts,
10
less winnings paid to wagerers in such games.
11

"Athlete" means any current or former professional athlete
12
or collegiate athlete.
13

"Board" means the Illinois Gaming Board.
14

"Covered persons" includes athletes; umpires, referees,
15
and officials; personnel associated with clubs, teams,
16
leagues, and athletic associations; medical professionals
17
(including athletic trainers) who provide services to athletes
18
and players; and the family members and associates of these
19
persons where required to serve the purposes of this Act.
20

"Department" means the Department of the Lottery.
21

"Gaming facility" means a facility at which gambling
22
operations are conducted under the Illinois Gambling Act,
23
pari-mutuel wagering is conducted under the Illinois Horse
24
Racing Act of 1975, or sports wagering is conducted under this

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Act.
2

"Official league data" means statistics, results,
3
outcomes, and other data related to a sports event obtained
4
pursuant to an agreement with the relevant sports governing
5
body, or an entity expressly authorized by the sports
6
governing body to provide such information to licensees, that
7
authorizes the use of such data for determining the outcome of
8
tier 2 sports wagers on such sports events.
9

"Organization licensee" has the meaning given to that term
10
in the Illinois Horse Racing Act of 1975.
11

"Owners licensee" means the holder of an owners license
12
under the Illinois Gambling Act.
13

"Person" means an individual, partnership, committee,
14
association, corporation, or any other organization or group
15
of persons.
16

"Personal biometric data" means an athlete's information
17
derived from DNA, heart rate, blood pressure, perspiration
18
rate, internal or external body temperature, hormone levels,
19
glucose levels, hydration levels, vitamin levels, bone
20
density, muscle density, and sleep patterns.
21

"Prohibited conduct" includes any statement, action, and
22
other communication intended to influence, manipulate, or
23
control a betting outcome of a sporting contest or of any
24
individual occurrence or performance in a sporting contest in
25
exchange for financial gain or to avoid financial or physical
26
harm. "Prohibited conduct" includes statements, actions, and

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communications made to a covered person by a third party, such
2
as a family member or through social media. "Prohibited
3
conduct" does not include statements, actions, or
4
communications made or sanctioned by a team or sports
5
governing body.
6

"Qualified applicant" means an applicant for a license
7
under this Act whose application meets the mandatory minimum
8
qualification criteria as required by the Board.
9

"Sporting contest" means a sports event or game on which
10
the State allows sports wagering to occur under this Act.
11

"Sports event" means a professional sport or athletic
12
event, a collegiate sport or athletic event, a motor race
13
event, or any other event or competition of relative skill
14
authorized by the Board under this Act.
15

"Sports facility" means a facility that hosts sports
16
events and holds a seating capacity greater than 17,000
17
persons, except in a municipality with a population of more
18
than 1,000,000, a seating capacity greater than 10,000
19
persons.
20

"Sports governing body" means the organization that
21
prescribes final rules and enforces codes of conduct with
22
respect to a sports event and participants therein.
23

"Sports wagering" means accepting wagers on sports events
24
or portions of sports events, or on the individual performance
25
statistics of athletes in a sports event or combination of
26
sports events, by any system or method of wagering, including,

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but not limited to, in person or over the Internet through
2
websites and on mobile devices. "Sports wagering" includes,
3
but is not limited to, single-game bets, teaser bets, parlays,
4
over-under, moneyline, pools, exchange wagering, in-game
5
wagering, in-play bets, proposition bets, and straight bets.
6
"Sports wagering" does not include fantasy contests as that
7
term is defined in Section 5 of the Fantasy Sports Consumer
8
Protection Act.

"Sports wagering account" means a financial record
10
established by a master sports wagering licensee for an
11
individual patron in which the patron may deposit and withdraw
12
funds for sports wagering and other authorized purchases and
13
to which the master sports wagering licensee may credit
14
winnings or other amounts due to that patron or authorized by
15
that patron.
16

"Tier 1 sports wager" means a sports wager that is
17
determined solely by the final score or final outcome of the
18
sports event and is placed before the sports event has begun.
19

"Tier 2 sports wager" means a sports wager that is not a
20
tier 1 sports wager.
21

"Wager" means a sum of money or thing of value risked on an
22
uncertain occurrence.
23

"Winning bidder" means a qualified applicant for a master
24
sports wagering license chosen through the competitive
25
selection process under Section 25-45.
26
(Source: P.A. 101-31, eff. 6-28-19; 102-689, eff. 12-17-21.)

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Section 110.
The Criminal Code of 2012 is amended by
2
changing Sections 28-1 and 28-3 as follows:

(720 ILCS 5/28-1)

(from Ch. 38, par. 28-1)
4

Sec. 28-1.
Gambling.
5

(a) A person commits gambling when he or she:
6

(1) knowingly plays a game of chance or skill for
7

money or other thing of value, unless excepted in
8

subsection (b) of this Section;
9

(2) knowingly makes a wager upon the result of any
10

game, contest, or any political nomination, appointment or
11

election;
12

(3) knowingly operates, keeps, owns, uses, purchases,
13

exhibits, rents, sells, bargains for the sale or lease of,
14

manufactures or distributes any gambling device;
15

(4) contracts to have or give himself or herself or
16

another the option to buy or sell, or contracts to buy or
17

sell, at a future time, any grain or other commodity
18

whatsoever, or any stock or security of any company, where
19

it is at the time of making such contract intended by both
20

parties thereto that the contract to buy or sell, or the
21

option, whenever exercised, or the contract resulting
22

therefrom, shall be settled, not by the receipt or
23

delivery of such property, but by the payment only of
24

differences in prices thereof; however, the issuance,

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purchase, sale, exercise, endorsement or guarantee, by or
2

through a person registered with the Secretary of State
3

pursuant to Section 8 of the Illinois Securities Law of
4

1953, or by or through a person exempt from such
5

registration under said Section 8, of a put, call, or
6

other option to buy or sell securities which have been
7

registered with the Secretary of State or which are exempt
8

from such registration under Section 3 of the Illinois
9

Securities Law of 1953 is not gambling within the meaning
10

of this paragraph (4);
11

(5) knowingly owns or possesses any book, instrument
12

or apparatus by means of which bets or wagers have been, or
13

are, recorded or registered, or knowingly possesses any
14

money which he has received in the course of a bet or
15

wager;
16

(6) knowingly sells pools upon the result of any game
17

or contest of skill or chance, political nomination,
18

appointment or election;
19

(7) knowingly sets up or promotes any lottery or
20

sells, offers to sell or transfers any ticket or share for
21

any lottery;
22

(8) knowingly sets up or promotes any policy game or
23

sells, offers to sell or knowingly possesses or transfers
24

any policy ticket, slip, record, document or other similar
25

device;
26

(9) knowingly drafts, prints or publishes any lottery

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ticket or share, or any policy ticket, slip, record,
2

document or similar device, except for such activity
3

related to lotteries, bingo games and raffles authorized
4

by and conducted in accordance with the laws of Illinois
5

or any other state or foreign government;
6

(10) knowingly advertises any lottery or policy game,
7

except for such activity related to lotteries, bingo games
8

and raffles authorized by and conducted in accordance with
9

the laws of Illinois or any other state;
10

(11) knowingly transmits information as to wagers,
11

betting odds, or changes in betting odds by telephone,
12

telegraph, radio, semaphore or similar means; or knowingly
13

installs or maintains equipment for the transmission or
14

receipt of such information; except that nothing in this
15

subdivision (11) prohibits transmission or receipt of such
16

information for use in news reporting of sporting events
17

or contests; or
18

(12) knowingly establishes, maintains, or operates an
19

Internet site that permits a person to play a game of
20

chance or skill for money or other thing of value by means
21

of the Internet or to make a wager upon the result of any
22

game, contest, political nomination, appointment, or
23

election by means of the Internet. This item (12) does not
24

apply to activities referenced in items (6), (6.1), (8),
25

(8.1),
and
(15)
, and (16)
of subsection (b) of this
26

Section.

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(b) Participants in any of the following activities shall
2
not be convicted of gambling:
3

(1) Agreements to compensate for loss caused by the
4

happening of chance including without limitation contracts
5

of indemnity or guaranty and life or health or accident
6

insurance.
7

(2) Offers of prizes, award or compensation to the
8

actual contestants in any bona fide contest for the
9

determination of skill, speed, strength or endurance or to
10

the owners of animals or vehicles entered in such contest.
11

(3) Pari-mutuel betting as authorized by the law of
12

this State.
13

(4) Manufacture of gambling devices, including the
14

acquisition of essential parts therefor and the assembly
15

thereof, for transportation in interstate or foreign
16

commerce to any place outside this State when such
17

transportation is not prohibited by any applicable Federal
18

law; or the manufacture, distribution, or possession of
19

video gaming terminals, as defined in the Video Gaming
20

Act, by manufacturers, distributors, and terminal
21

operators licensed to do so under the Video Gaming Act.
22

(5) The game commonly known as "bingo", when conducted
23

in accordance with the Bingo License and Tax Act.
24

(6) Lotteries when conducted by the State of Illinois
25

in accordance with the Illinois Lottery Law. This
26

exemption includes any activity conducted by the

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1

Department of Revenue to sell lottery tickets pursuant to
2

the provisions of the Illinois Lottery Law and its rules.
3

(6.1) The purchase of lottery tickets through the
4

Internet for a lottery conducted by the State of Illinois
5

under the program established in Section 7.12 of the
6

Illinois Lottery Law.
7

(7) Possession of an antique slot machine that is
8

neither used nor intended to be used in the operation or
9

promotion of any unlawful gambling activity or enterprise.
10

For the purpose of this subparagraph (b)(7), an antique
11

slot machine is one manufactured 25 years ago or earlier.
12

(8) Raffles and poker runs when conducted in
13

accordance with the Raffles and Poker Runs Act.
14

(8.1) The purchase of raffle chances for a raffle
15

conducted in accordance with the Raffles and Poker Runs
16

Act.
17

(9) Charitable games when conducted in accordance with
18

the Charitable Games Act.
19

(10) Pull tabs and jar games when conducted under the
20

Illinois Pull Tabs and Jar Games Act.
21

(11) Gambling games when authorized by the Illinois
22

Gambling Act.
23

(12) Video gaming terminal games at a licensed
24

establishment, licensed truck stop establishment, licensed
25

large truck stop establishment, licensed fraternal
26

establishment, or licensed veterans establishment when

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conducted in accordance with the Video Gaming Act.
2

(13) Games of skill or chance where money or other
3

things of value can be won but no payment or purchase is
4

required to participate.
5

(14) Savings promotion raffles authorized under
6

Section 5g of the Illinois Banking Act, Section 7008 of
7

the Savings Bank Act, Section 42.7 of the Illinois Credit
8

Union Act, Section 5136B of the National Bank Act (12
9

U.S.C. 25a), or Section 4 of the Home Owners' Loan Act (12
10

U.S.C. 1463).
11

(15) Sports wagering when conducted in accordance with
12

the Sports Wagering Act.
13

(16) Fantasy contest wagering when conducted in
14

accordance with the Fantasy Sports Consumer Protection
15

Act.

Gambling is a Class A misdemeanor. A second or subsequent
18
conviction under subsections (a)(3) through (a)(12), is a
19
Class 4 felony.
20

(d) Circumstantial evidence.
21

In prosecutions under this Section circumstantial evidence
22
shall have the same validity and weight as in any criminal
23
prosecution.
24
(Source: P.A. 101-31, Article 25, Section 25-915, eff.
25
6-28-19; 101-31, Article 35, Section 35-80, eff. 6-28-19;
26
101-109, eff. 7-19-19; 102-558, eff. 8-20-21.)

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1

(720 ILCS 5/28-3)

(from Ch. 38, par. 28-3)
2

Sec. 28-3.
Keeping a gambling place.
A "gambling place" is
3
any real estate, vehicle, boat, or any other property
4
whatsoever used for the purposes of gambling other than
5
gambling conducted in the manner authorized by the Illinois
6
Gambling Act, the Sports Wagering Act,
or
the Video Gaming
7
Act
, or the Fantasy Sports Consumer Protection Act
. Any person
8
who knowingly permits any premises or property owned or
9
occupied by him or under his control to be used as a gambling
10
place commits a Class A misdemeanor. Each subsequent offense
11
is a Class 4 felony. When any premises is determined by the
12
circuit court to be a gambling place:
13

(a) Such premises is a public nuisance and may be
14

proceeded against as such, and
15

(b) All licenses, permits or certificates issued by
16

the State of Illinois or any subdivision or public agency
17

thereof authorizing the serving of food or liquor on such
18

premises shall be void; and no license, permit or
19

certificate so cancelled shall be reissued for such
20

premises for a period of 60 days thereafter; nor shall any
21

person convicted of keeping a gambling place be reissued
22

such license for one year from his conviction and, after a
23

second conviction of keeping a gambling place, any such
24

person shall not be reissued such license, and
25

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thereon a violation of any Section of this Article shall
2

be held liable for, and may be sold to pay any unsatisfied
3

judgment that may be recovered and any unsatisfied fine
4

that may be levied under any Section of this Article.
5
(Source: P.A. 101-31, Article 25, Section 25-915, eff.
6
6-28-19; 101-31, Article 35, Section 35-80, eff. 6-28-19;
7
102-558, eff. 8-20-21.)

Section 999.
Effective date.
This Act takes effect upon
9
becoming law.

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FANTASY SPORTS PROTECTION ACT

Plain English Breakdown

FANTASY SPORTS PROTECTION ACT

What This Bill Does

Limits and Unknowns

Bill History

Official Summary Text

Current Bill Text