Rep. Bob Rita

Amends the Preventing Youth Vaping Act. In provisions regarding prohibitions, provides that electronic cigarettes first sold prior to August 8, 2016, and for which a pending premarket tobacco product application was submitted (rather than for which a premarket tobacco product application was submitted) to the U.S. Food and Drug administration by September 9, 2020, shall not be deemed to be adulterated. Provides that any distributor, secondary distributor, or retailer who sells, offers for sale, or distributes electronic cigarettes shall obtain a certification by the manufacturer stating that the cigarettes are not adulterated, with certain requirements. Limits liability for a distributor, secondary distributor, or retailer for a false or misleading statement in a certification. Provides that the Attorney General may enforce violations of these provisions under the Consumer Fraud and Deceptive Business Practices Act.

Maddy summaryHB 4171 amends the Sports Wagering Act to remove the ability of local governments, known as home rule units, to regulate, license, or tax sports wagering activities within their jurisdictions. This means that local municipalities can no longer impose their own rules or fees on sports betting operations. The bill centralizes the authority over sports wagering at the state level. It is effective immediately upon becoming law.

Amends the Township Code, the Park District Code, the Illinois Municipal Code, the School Code, and the Public Community College Act. Provides that if a township, park district, municipality, school district, or community college has been issued a credit card, then, each month, the governing authority of the township, park district, municipality, school district, or community college shall vote to verify the validity of an itemized statement of all purchases made using the credit card in the preceding month. Provides that the itemized statement must include all purchases made using the credit card in the preceding month and may not be redacted. Provides that the vote shall solely be for the approval of the itemized statement of all purchases made using the credit card and shall not include any other expense approval. Provides that, if a township, park district, municipality, school district, or community college has a website maintained by a full-time staff, then the township, park district, municipality, school district, or community college shall publish each itemized statement on its website.

Amends the Illinois Horse Racing Act of 1975. Removes language providing that no employee of the Illinois Racing Board, within a period of one year immediately preceding employment, shall have been employed or received compensation or fees for services from a person or entity, or its parent or affiliate, that has engaged in business with the Board, a licensee, or a licensee under the Illinois Gambling Act. Amends the Illinois Gambling Act. Removes language providing that no employee of the Illinois Gaming Board, within a period of one year immediately preceding employment, shall have been employed or received compensation or fees for services from a person or entity, or its parent or affiliate, that has engaged in business with the Board, a licensee, or a licensee under the Illinois Horse Racing Act of 1975.

Amends the Sports Wagering Act. Provides that applicants for a master sports wagering license shall pay an application fee of $250,000 and a license fee of $15,000,000. Removes provisions concerning the number of master sports wagering licenses to online sports wagering operators and public notice requirements. Provides that a master sports wagering licensee may conduct sports wagering over the Internet or through a mobile application. Removes provisions concerning eligibility requirements for a master sports wagering license, the duty of disclosure for an applicant, and outreach requirements for the Department of Commerce and Economic Opportunity and the Illinois Gaming Board. Makes a conforming change. Effective immediately.

Amends the Illinois Horse Racing Act of 1975. Provides that the Illinois Racing Board, in lieu of obtaining a court reporter to make accurate transcriptions at each regular and special meeting and proceeding, shall create a verbatim record of each regular and special meeting in the form of an audio or video recording, unless an emergency situation precludes the creation of a transcript or recording. Allows the Board to refuse an occupation license to any person for any other just cause. Requires an applicant for an employment position as a pari-mutuel clerk, parking attendant, or security guard to include in the application whether the applicant has ever been convicted of any theft, fraud, wagering during the course of employment, touting, bookmaking, or any other act which is detrimental to the best interests of racing. Requires a licensee to forward a copy of the application form to the Board prior to extending an offer of employment to an applicant (rather than upon its decision to hire the applicant) and certify that it has checked the applicant's background. Removes language requiring the Board's review of an applicant to include an inquiry. Provides that no organization license may be granted to conduct a horse race meeting to any person who does not, at the time of application for the organization license, have plans certified by a licensed architect and confirmed financing for construction of a race track suitable for the type of racing intended to be held by the applicant and for the accommodation of the public on property that the applicant owns or has a contract or lease for possession of with completion scheduled before the meet applied for begins. Requires an application to conduct a horse race meeting to be delivered with a certified check or bank draft payable to the order of the Board for $10,000 (rather than $1,000). Allows the Board to impose civil penalties of up to $10,000 (rather than $5,000) for individuals and up to $25,000 (rather than $10,000) against licensees for each violation of the Act. Makes conforming and other changes. Effective immediately.

Amends the Sports Wagering Act. Allows a licensee to offer pool sports wagering to State patrons where State patrons compete against patrons located outside of the State. Allows the Illinois Gaming Board to issue master sports wagering licenses to persons to conduct sports wagering over the Internet or through a mobile application (rather than issue 3 master sports wagering licenses to online sports wagering operators for a nonrefundable license fee of $20,000,000 pursuant to an open and competitive selection process). Provides that the application fee for a master sports wagering license is $250,000 while the initial fee for a master sports wagering license issued to an online sports wagering operator is $15,000,000. Provides that a master sports wagering license is valid for 4 years and may be renewed for another 4 years by paying a specified renewal fee. Allows the Board to regulate the conduct of fantasy contest operators under the Act. Sets forth rulemaking authority, fees, surcharges, civil penalties, monthly taxes, Board powers, and cooperation with law enforcement investigations. Prohibits a person from offering fantasy contests in the State unless the person is licensed by the Board as a fantasy contest operator for an application fee of $500 for a fantasy contest operator that had 7,500 or fewer active patrons over the preceding 365-day period and $7,500 for a fantasy contest operator that had more than 7,500 patrons over the preceding 365-day period. Sets forth applicant requirements. Prohibits a person from participating in a fantasy contest if the person is not at least 21 years of age. Sets forth the duties of fantasy contest licensees. Provides that, beginning July 1, 2026, the State shall impose a privilege tax of 15% on the fantasy contest operator licensee's adjusted gross fantasy contest receipts. Makes other changes. Makes conforming changes in the Illinois Administrative Procedures Act and the Criminal Code of 2012. Effective immediately.

Amends the Illinois Horse Racing Act of 1975. Provides that, in addition to the appropriation for payment into the thoroughbred and standardbred horse racing purse accounts at Illinois pari-mutuel tracks, a one-time appropriation shall be made for the 3-year period before the effective date of the amendatory Act for which appropriations were not made. Makes conforming changes. Makes changes to provisions concerning the calculation of organization licensees' annual contributions to non-profit organizations that provide medical and family, counseling, and similar services to persons who reside or work on the backstretch of Illinois racetracks. Provides that for the 10-year (rather than 5-year) period beginning on the January 1 of the calendar year immediately following the calendar year during which an organization licensee begins conducting gaming operations, the organization licensee shall make capital expenditures to the improvement and maintenance of the backstretch. Amends the Illinois Gambling Act. Requires a person or entity having operating control of a racetrack to pay an initial fee of $17,500 (rather than $30,000) per gaming position from organization gaming licensees where gaming is conducted in Cook County. Provides that a person or entity having operating control of a racetrack located in Cook County shall only pay the initial fees for 720 of the gaming positions authorized under the license. Provides that the required reconciliation payments for an organization gaming licensee who operates gaming positions may be made in installments over a period of no more than 12 (rather than 6) years.

Amends the Liquor Control Act of 1934. Requires an applicant for a retail license to provide the applicant's primary and supplementary email address to which all license-related notices may be served. Provides that certain licenses shall not be revoked or suspended except after a hearing by the State commission with reasonable notice to the licensee served by electronic or other reasonable means (instead of by registered or certified mail with return receipt requested) at least 10 days prior to the hearings at the last known place of business of the licensee or to the licensee's primary or supplemental email address and after an opportunity to appear and defend.

Amends the Property Tax Code. Provides that, in making a decision upon a complaint filed by a complainant's agent, the board of review shall be limited to the evidence presented by the complainant or the complainant's agent, the county assessor, and a taxing district, and each complaint shall be limited to the grounds listed in the petition, the supporting documents filed with the board, and the rebuttal evidence filed with the board. Provides that no assessment may be revised and corrected until the complainant or the complainant's agent has been given a period of 30 days to review and rebut a decision of the board. Provides that an oral hearing shall be granted on request of any complainant or any complainant's agent. Provides that, when a board of review decision is made on a complaint, the board shall transmit a computer printout of the results, or make and sign a brief written statement of the decision (currently, a brief written statement of the reason for the change and the manner in which the method used by the assessor in making the assessment was erroneous).