|
Section 10. The Savings Bank Act is amended by adding |
Section 7008 as follows:
|
(205 ILCS 205/7008 new) |
Sec. 7008. Savings promotion raffle. |
(a) As used in this Section, "savings promotion raffle" has |
the same meaning as that term is given in Section 4 of the Home |
Owners' Loan Act (12 U.S.C. 1463). |
(b) If authorized by its board of directors, a savings bank |
may conduct a savings promotion raffle. The savings promotion |
raffle shall be conducted so that each token or ticket |
representing an entry in the savings promotion raffle has an |
equal chance of being drawn. A savings bank shall not conduct a |
savings promotion raffle in a manner that jeopardizes the |
savings bank's safety and soundness or misleads its customers. |
(c) The Secretary may examine the conduct of a savings |
promotion raffle and may issue a cease and desist order for a |
violation of this Section. |
(d) A savings bank shall maintain records sufficient to |
facilitate an audit of the savings promotion raffle.
|
Section 15. The Illinois Credit Union Act is amended by |
changing Sections 7, 46, and 57.1 and by adding Section 42.7 as |
follows:
|
(205 ILCS 305/7) (from Ch. 17, par. 4408)
|
|
Sec. 7. Reciprocity; out-of-state Reciprocity - out of |
state credit unions.
|
(1) A credit union organized
and duly chartered as a credit |
union in another state shall be permitted
to conduct business |
as a credit union in this State state if and so long as a credit |
union chartered
under the laws of this State state is permitted |
to do business in such other state,
provided that:
|
(a) The credit union shall register with the office |
prior to
operating in this State, on a form specified by |
the Secretary.
|
(b) The credit union may be required to pay a |
registration fee in
accordance with rules promulgated by |
the Secretary and the Director.
|
(c) The credit union shall comply
with rules |
promulgated by the Secretary concerning the operation of |
out-of-state out of state
credit unions in this State.
|
(d) The credit union shall not conduct business in |
Illinois on terms that are less restrictive than the |
standards applicable to its operation in its home |
chartering state. In every instance with respect to its |
activities and operations in Illinois, the credit union |
shall comply with applicable Illinois law. |
(e) Permission to operate in the State may be revoked |
by the Secretary or the Director if the credit union |
engages in any activity in the State that would constitute |
(i) a violation of this Act or other applicable law, (ii) a |
|
violation of any rule adopted in accordance with this Act |
or other applicable law, (iii) a violation of any order of |
the Secretary or Director issued under his or her authority |
under this Act, or (iv) an unsafe or unsound practice in |
the discretion of the Secretary or Director. |
(1.5) The failure of a credit union chartered in another |
state to register with the Secretary shall not impair the |
collectability of a loan made to a resident of this State. |
(2) It is intended that the legal existence of credit |
unions chartered
under this Act be recognized beyond the limits
|
of this State and that, subject to any reasonable registration |
requirements,
any credit union transacting business outside of |
this State be granted the
protection of full faith and credit |
under Section 1 of Article IV of the
Constitution of the United |
States.
|
(Source: P.A. 97-133, eff. 1-1-12.)
|
(205 ILCS 305/42.7 new) |
Sec. 42.7. Savings promotion raffle. |
(a) As used in this Section, "savings promotion raffle" |
means a raffle conducted by a credit union where the sole |
consideration required for a chance of winning designated |
prizes is the deposit of at least a specified amount of money |
in a savings account or other savings program offered by the |
credit union. |
(b) If authorized by its board of directors, a credit union |
|
may conduct a savings promotion raffle. The savings promotion |
raffle shall be conducted so that each token or ticket |
representing an entry in the savings promotion raffle has an |
equal chance of being drawn. A credit union shall not conduct a |
savings promotion raffle in a manner that jeopardizes the |
credit union's safety and soundness or mislead its members. |
(c) The Secretary may examine the conduct of a savings |
promotion raffle and may issue a cease and desist order for a |
violation of this Section. |
(d) A credit union shall maintain records sufficient to |
facilitate an audit of the savings promotion raffle.
|
(205 ILCS 305/46) (from Ch. 17, par. 4447)
|
Sec. 46. Loans and interest rate.
|
(1) A credit union may make loans
to its members for such |
purpose and upon such security and terms, including
rates of |
interest, as the credit committee, credit manager, or loan |
officer
approves.
Notwithstanding the provisions of any other |
law in connection with extensions
of credit, a credit union may |
elect to
contract for and receive interest and fees and other |
charges for extensions of
credit subject only to the provisions |
of this Act and rules promulgated under
this Act, except that |
extensions of credit secured by residential real estate
shall |
be subject to the laws applicable thereto.
The rates of |
interest to be charged on loans to members shall be
set by the |
board of directors of each individual credit union in |
|
accordance with Section 30 of this Act and such
rates may be |
less than, but may not exceed, the maximum rate set forth in
|
this Section. A borrower may repay his loan prior to maturity, |
in whole or
in part, without penalty. The credit contract may |
provide for the payment
by the member and receipt by the credit |
union of all costs and
disbursements, including reasonable |
attorney's fees and collection agency
charges, incurred by the |
credit union to collect or enforce the debt in the
event of a |
delinquency by the member, or in the event of a breach of any
|
obligation of the member under the credit contract. A |
contingency or
hourly arrangement established under an |
agreement entered into by a credit
union with an attorney or |
collection agency to collect a loan of a member
in default |
shall be presumed prima facie reasonable.
|
(2) Credit unions may make loans based upon the security of |
any
interest or equity in real estate, subject to rules and |
regulations
promulgated by the Secretary. In any contract or |
loan which
is secured by a mortgage, deed of
trust, or |
conveyance in the nature of a mortgage, on residential real
|
estate, the interest which is computed, calculated, charged, or |
collected
pursuant to such contract or loan, or pursuant to any |
regulation or rule
promulgated pursuant to this Act, may not be |
computed, calculated, charged
or collected for any period of |
time occurring after the date on which the
total indebtedness, |
with the exception of late payment penalties, is paid
in full.
|
For purposes of this subsection (2) of this Section 46, a |
|
prepayment
shall mean the payment of the total indebtedness, |
with the exception of
late payment penalties if incurred or |
charged, on any date before the date
specified in the contract |
or loan agreement on which the total indebtedness
shall be paid |
in full, or before the date on which all payments, if timely
|
made, shall have been made. In the event of a prepayment of the
|
indebtedness which is made on a date
after the date on which |
interest on the indebtedness was last computed,
calculated, |
charged, or collected but before the next date on which |
interest
on the indebtedness was to be calculated, computed, |
charged, or collected,
the lender may calculate, charge and |
collect interest on the indebtedness
for the period which |
elapsed between the date on which the prepayment is
made and |
the date on which interest on the indebtedness was last |
computed,
calculated, charged or collected at a rate equal to |
1/360 of the annual
rate for each day which so elapsed, which |
rate shall be applied to the
indebtedness outstanding as of the |
date of prepayment. The lender shall
refund to the borrower any |
interest charged or collected which exceeds that
which the |
lender may charge or collect pursuant to the preceding |
sentence.
The provisions of this amendatory Act of 1985 shall |
apply only to contracts
or loans entered into on or after the |
effective date of this amendatory
Act.
|
(3) Notwithstanding any other provision of this Act, a |
credit union
authorized under this Act to make loans secured by |
an interest or equity in
real estate may engage in making |
|
"reverse mortgage" loans to persons for
the purpose of making |
home improvements or repairs, paying insurance
premiums or |
paying real estate taxes on the homestead properties
of such |
persons. If made, such loans shall be made on such terms and
|
conditions as the credit union shall determine and as shall be |
consistent
with the provisions of this Section and such rules |
and regulations as the Secretary
shall promulgate hereunder. |
For purposes of this Section, a
"reverse mortgage" loan shall |
be a loan extended on the basis of existing
equity in homestead |
property and secured by a mortgage on such property.
Such loans |
shall be repaid upon the sale of the property or upon the death
|
of the owner or, if the property is in joint tenancy, upon the |
death of the
last surviving joint tenant who had such an |
interest in the property at the
time the loan was initiated, |
provided, however, that the credit union and
its member may by |
mutual agreement, establish other repayment terms. A
credit |
union, in making a "reverse mortgage" loan, may add deferred
|
interest to principal or otherwise provide for the charging of |
interest or
premiums on such deferred interest. "Homestead" |
property, for purposes of
this Section, means the domicile and |
contiguous real estate owned and
occupied by the mortgagor.
|
(4) Notwithstanding any other provisions of this Act, a |
credit union
authorized under this Act to make loans secured by |
an interest or equity
in real property may engage in making |
revolving credit loans secured by
mortgages or deeds of trust |
on such real property or by security
assignments of beneficial |
|
interests in land trusts.
|
For purposes of this Section, "revolving credit" has the |
meaning defined
in Section 4.1 of the Interest Act.
|
Any mortgage or deed of trust given to secure a revolving |
credit loan may,
and when so expressed therein shall, secure |
not only the existing indebtedness
but also such future |
advances, whether such advances are obligatory or to
be made at |
the option of the lender, or otherwise, as are made within |
twenty
years from the date thereof, to the same extent as if |
such future advances
were made on the date of the execution of |
such mortgage or deed of trust,
although there may be no |
advance made at the time of execution of such mortgage
or other |
instrument, and although there may be no indebtedness |
outstanding
at the time any advance is made. The lien of such |
mortgage or deed of trust,
as to third persons
without actual |
notice thereof, shall be valid as to all such indebtedness
and |
future advances form the time said mortgage or deed of trust is |
filed
for record in the office of the recorder of deeds or the |
registrar of titles
of the county where the real property |
described therein is located. The
total amount of indebtedness |
that may be so secured may increase or decrease
from time to |
time, but the total unpaid balance so secured at any one time
|
shall not exceed a maximum principal amount which must be |
specified in such
mortgage or deed of trust, plus interest |
thereon, and any disbursements
made for the payment of taxes, |
special assessments, or insurance on said
real property, with |
|
interest on such disbursements.
|
Any such mortgage or deed of trust shall be valid and have |
priority over
all subsequent liens and encumbrances, including |
statutory liens, except
taxes and assessments levied on said |
real property.
|
(4-5) For purposes of this Section, "real estate" and "real |
property" include a manufactured home as defined in subdivision |
(53) of Section 9-102 of the Uniform Commercial Code which is |
real property as defined in Section 5-35 of the Conveyance and |
Encumbrance of Manufactured Homes as Real Property and |
Severance Act. |
(5) Compliance with federal or Illinois preemptive laws or |
regulations
governing loans made by a credit union chartered |
under this Act shall
constitute compliance with this Act.
|
(6) Credit unions may make residential real estate mortgage |
loans on terms and conditions established by the United States |
Department of Agriculture through its Rural Development |
Housing and Community Facilities Program. The portion of any |
loan in excess of the appraised value of the real estate shall |
be allocable only to the guarantee fee required under the |
program. |
(7) For a renewal, refinancing, or restructuring of an |
existing loan at the credit union that is secured by an |
interest or equity in real estate, a new appraisal of the |
collateral shall not be required when (i) the transaction |
involves an existing extension of credit at the credit union, |
|
no new moneys are advanced other than funds necessary to cover |
reasonable closing costs, or (ii) and there has been no obvious |
or material change in market conditions or physical aspects of |
the real estate that threatens the adequacy of the credit |
union's real estate collateral protection after the |
transaction, even with the advancement of new moneys. The |
Department reserves the right to require an appraisal under |
this subsection (7) whenever the Department believes it is |
necessary to address safety and soundness concerns. |
(Source: P.A. 97-133, eff. 1-1-12; 98-749, eff. 7-16-14; |
98-784, eff. 7-24-14; revised 10-2-14.)
|
(205 ILCS 305/57.1) |
Sec. 57.1. Services to other credit unions. |
(a) A credit union may act as a representative of and enter |
into an agreement with credit unions or other organizations for |
the purposes purpose of: |
(1) sharing, utilizing, renting, leasing, purchasing, |
selling, and joint ownership of fixed assets or engaging in |
activities and services that relate to the daily operations |
of credit unions; and |
(2) providing correspondent services to other credit |
unions that the service provider credit union is authorized |
to perform for its own members or as part of its |
operations, including, but not limited to, loan |
processing, loan servicing, member check cashing services, |
|
disbursing share withdrawals and loan proceeds, cashing |
and selling money orders, ACH and wire transfer services, |
implementation and
administrative support services related |
to the use of debit cards, payroll debit
cards, and other |
prepaid debit cards and
credit cards, coin and currency |
services, performing internal audits, and automated teller |
machine deposit services.
|
(Source: P.A. 98-784, eff. 7-24-14; revised 11-26-14.)
|
Section 20. The Raffles and Poker Runs Act is amended by |
changing Section 1 as follows:
|
(230 ILCS 15/1) (from Ch. 85, par. 2301)
|
Sec. 1. Definitions. For the purposes of this Act the terms |
defined
in this Section have the meanings given them.
|
"Net proceeds" means the gross receipts from the conduct of |
raffles, less
reasonable sums expended for prizes, local |
license fees and other reasonable
operating expenses incurred |
as a result of operating a raffle or poker run.
|
"Key location" means the location where the poker run |
concludes and the prize or prizes are awarded. |
"Poker run" means an event organized by an organization |
licensed under this Act in which participants travel to |
multiple predetermined locations, including a key location, |
drawing a playing card or equivalent item at each location, in |
order to assemble a facsimile of a poker hand or other numeric |
|
score. "Poker run" includes dice runs, marble runs, or other |
events where the objective is to build the best hand or highest |
score by obtaining an item at each location. |
"Raffle" means a form of lottery, as defined in Section |
28-2(b) of the
Criminal Code of 2012, conducted by an |
organization licensed under this Act, in which:
|
(1) the player pays or agrees to pay something of value |
for a chance,
represented and differentiated by a number or |
by a combination of numbers
or by some other medium, one or |
more of which chances is to be designated
the winning |
chance;
|
(2) the winning chance is to be determined through a |
drawing or by some
other method based on an element of |
chance by an act or set of acts on the
part of persons |
conducting or connected with the lottery, except that the
|
winning chance shall not be determined by the outcome of a |
publicly exhibited
sporting contest.
|
"Raffle" does not include a savings promotion raffle |
authorized under Section 5g of the Illinois Banking Act, |
Section 7008 of the Savings Bank Act, Section 42.7 of the |
Illinois Credit Union Act, Section 5136B of the National Bank |
Act (12 U.S.C. 25a), or Section 4 of the Home Owners' Loan Act |
(12 U.S.C. 1463). |
(Source: P.A. 97-1150, eff. 1-25-13; 98-644, eff. 6-10-14.)
|
Section 25. The Criminal Code of 2012 is amended by |
|
changing Sections 28-1, 28-1.1, and 28-2 as follows:
|
(720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
|
Sec. 28-1. Gambling.
|
(a) A person commits gambling when he or she:
|
(1) knowingly plays a game of chance or skill for money |
or other thing of
value, unless excepted in subsection (b) |
of this Section;
|
(2) knowingly makes a wager upon the result of any |
game, contest, or any
political nomination, appointment or |
election;
|
(3) knowingly operates, keeps, owns, uses, purchases, |
exhibits, rents, sells,
bargains for the sale or lease of, |
manufactures or distributes any
gambling device;
|
(4) contracts to have or give himself or herself or |
another the option to buy
or sell, or contracts to buy or |
sell, at a future time, any grain or
other commodity |
whatsoever, or any stock or security of any company,
where |
it is at the time of making such contract intended by both |
parties
thereto that the contract to buy or sell, or the |
option, whenever
exercised, or the contract resulting |
therefrom, shall be settled, not by
the receipt or delivery |
of such property, but by the payment only of
differences in |
prices thereof; however, the issuance, purchase, sale,
|
exercise, endorsement or guarantee, by or through a person |
registered
with the Secretary of State pursuant to Section |
|
8 of the Illinois
Securities Law of 1953, or by or through |
a person exempt from such
registration under said Section |
8, of a put, call, or other option to
buy or sell |
securities which have been registered with the Secretary of
|
State or which are exempt from such registration under |
Section 3 of the
Illinois Securities Law of 1953 is not |
gambling within the meaning of
this paragraph (4);
|
(5) knowingly owns or possesses any book, instrument or |
apparatus by
means of which bets or wagers have been, or |
are, recorded or registered,
or knowingly possesses any |
money which he has received in the course of
a bet or |
wager;
|
(6) knowingly sells pools upon the result of any game |
or contest of skill or
chance, political nomination, |
appointment or election;
|
(7) knowingly sets up or promotes any lottery or sells, |
offers to sell or
transfers any ticket or share for any |
lottery;
|
(8) knowingly sets up or promotes any policy game or |
sells, offers to sell or
knowingly possesses or transfers |
any policy ticket, slip, record,
document or other similar |
device;
|
(9) knowingly drafts, prints or publishes any lottery |
ticket or share,
or any policy ticket, slip, record, |
document or similar device, except for
such activity |
related to lotteries, bingo games and raffles authorized by
|
|
and conducted in accordance with the laws of Illinois or |
any other state or
foreign government;
|
(10) knowingly advertises any lottery or policy game, |
except for such
activity related to lotteries, bingo games |
and raffles authorized by and
conducted in accordance with |
the laws of Illinois or any other state;
|
(11) knowingly transmits information as to wagers, |
betting odds, or
changes in betting odds by telephone, |
telegraph, radio, semaphore or
similar means; or knowingly |
installs or maintains equipment for the
transmission or |
receipt of such information; except that nothing in this
|
subdivision (11) prohibits transmission or receipt of such |
information
for use in news reporting of sporting events or |
contests; or
|
(12) knowingly establishes, maintains, or operates an |
Internet site that
permits a person to play a game of
|
chance or skill for money or other thing of value by means |
of the Internet or
to make a wager upon the
result of any |
game, contest, political nomination, appointment, or
|
election by means of the Internet. This item (12) does not |
apply to activities referenced in items (6) and (6.1) of |
subsection (b) of this Section.
|
(b) Participants in any of the following activities shall |
not be
convicted of gambling:
|
(1) Agreements to compensate for loss caused by the |
happening of
chance including without limitation contracts |
|
of indemnity or guaranty
and life or health or accident |
insurance.
|
(2) Offers of prizes, award or compensation to the |
actual
contestants in any bona fide contest for the |
determination of skill,
speed, strength or endurance or to |
the owners of animals or vehicles
entered in such contest.
|
(3) Pari-mutuel betting as authorized by the law of |
this State.
|
(4) Manufacture of gambling devices, including the |
acquisition of
essential parts therefor and the assembly |
thereof, for transportation in
interstate or foreign |
commerce to any place outside this State when such
|
transportation is not prohibited by any applicable Federal |
law; or the
manufacture, distribution, or possession of |
video gaming terminals, as
defined in the Video Gaming Act, |
by manufacturers, distributors, and
terminal operators |
licensed to do so under the Video Gaming Act.
|
(5) The game commonly known as "bingo", when conducted |
in accordance
with the Bingo License and Tax Act.
|
(6) Lotteries when conducted by the State of Illinois |
in accordance
with the Illinois Lottery Law. This exemption |
includes any activity conducted by the Department of |
Revenue to sell lottery tickets pursuant to the provisions |
of the Illinois Lottery Law and its rules.
|
(6.1) The purchase of lottery tickets through the |
Internet for a lottery conducted by the State of Illinois |
|
under the program established in Section 7.12 of the |
Illinois Lottery Law.
|
(7) Possession of an antique slot machine that is |
neither used nor
intended to be used in the operation or |
promotion of any unlawful
gambling activity or enterprise. |
For the purpose of this subparagraph
(b)(7), an antique |
slot machine is one manufactured 25 years ago or earlier.
|
(8) Raffles and poker runs when conducted in accordance |
with the Raffles and Poker Runs Act.
|
(9) Charitable games when conducted in accordance with |
the Charitable
Games Act.
|
(10) Pull tabs and jar games when conducted under the |
Illinois Pull
Tabs and Jar Games Act.
|
(11) Gambling games conducted on riverboats when
|
authorized by the Riverboat Gambling Act.
|
(12) Video gaming terminal games at a licensed |
establishment, licensed truck stop establishment,
licensed
|
fraternal establishment, or licensed veterans |
establishment when
conducted in accordance with the Video |
Gaming Act. |
(13) Games of skill or chance where money or other |
things of value can be won but no payment or purchase is |
required to participate. |
(14) Savings promotion raffles authorized under |
Section 5g of the Illinois Banking Act, Section 7008 of the |
Savings Bank Act, Section 42.7 of the Illinois Credit Union |
|
Act, Section 5136B of the National Bank Act (12 U.S.C. |
25a), or Section 4 of the Home Owners' Loan Act (12 U.S.C. |
1463). |
(c) Sentence.
|
Gambling is a
Class A misdemeanor. A second or
subsequent |
conviction under subsections (a)(3) through (a)(12),
is a Class |
4 felony.
|
(d) Circumstantial evidence.
|
In prosecutions under
this
Section circumstantial evidence |
shall have the same validity and weight as
in any criminal |
prosecution.
|
(Source: P.A. 97-1108, eff. 1-1-13; 98-644, eff. 6-10-14.)
|
(720 ILCS 5/28-1.1)
(from Ch. 38, par. 28-1.1)
|
Sec. 28-1.1. Syndicated gambling.
|
(a) Declaration of Purpose. Recognizing the close |
relationship between
professional gambling and other organized |
crime, it is declared to be the
policy of the legislature to |
restrain persons from engaging in the business
of gambling for |
profit in this State. This Section shall be liberally
construed |
and administered with a view to carrying out this policy.
|
(b) A person commits syndicated gambling when he or she |
operates a "policy
game" or engages in the business of |
bookmaking.
|
(c) A person "operates a policy game" when he or she |
knowingly uses any
premises or property for the purpose of |
|
receiving or knowingly does
receive from what is commonly |
called "policy":
|
(1) money from a person other than the bettor or player |
whose
bets or plays are represented by the money; or
|
(2) written "policy game" records, made or used over |
any
period of time, from a person other than the bettor or |
player whose bets
or plays are represented by the written |
record.
|
(d) A person engages in bookmaking when he or she knowingly |
receives or accepts more
than five bets or wagers upon the |
result of any trials or contests of
skill, speed or power of |
endurance or upon any lot, chance, casualty,
unknown or |
contingent event whatsoever, which bets or wagers shall be of
|
such size that the total of the amounts of money paid or |
promised to be
paid to the bookmaker on account thereof shall |
exceed $2,000.
Bookmaking is the receiving or accepting of bets |
or wagers
regardless of the form or manner in which the |
bookmaker records them.
|
(e) Participants in any of the following activities shall |
not be
convicted of syndicated gambling:
|
(1) Agreements to compensate for loss caused by the |
happening
of chance including without limitation contracts |
of indemnity or
guaranty and life or health or accident |
insurance;
|
(2) Offers of prizes, award or compensation to the |
actual
contestants in any bona fide contest for the |
|
determination of skill,
speed, strength or endurance or to |
the owners of animals or vehicles
entered in the contest;
|
(3) Pari-mutuel betting as authorized by law of this |
State;
|
(4) Manufacture of gambling devices, including the |
acquisition
of essential parts therefor and the assembly |
thereof, for transportation
in interstate or foreign |
commerce to any place outside this State when
the |
transportation is not prohibited by any applicable Federal |
law;
|
(5) Raffles and poker runs when conducted in accordance |
with the Raffles and Poker Runs Act;
|
(6) Gambling games conducted on riverboats when
|
authorized by the Riverboat Gambling Act; and
|
(7) Video gaming terminal games at a licensed |
establishment, licensed truck stop establishment,
licensed
|
fraternal establishment, or licensed veterans |
establishment
when conducted in accordance with the Video |
Gaming Act; and .
|
(8) Savings promotion raffles authorized under Section |
5g of the Illinois Banking Act, Section 7008 of the Savings |
Bank Act, Section 42.7 of the Illinois Credit Union Act, |
Section 5136B of the National Bank Act (12 U.S.C. 25a), or |
Section 4 of the Home Owners' Loan Act (12 U.S.C. 1463). |
(f) Sentence. Syndicated gambling is a Class 3 felony.
|
(Source: P.A. 97-1108, eff. 1-1-13; 98-644, eff. 6-10-14.)
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(720 ILCS 5/28-2) (from Ch. 38, par. 28-2)
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Sec. 28-2. Definitions.
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(a) A "gambling device" is any clock, tape machine, slot |
machine or
other machines or device for the reception of money |
or other thing of value
on chance or skill or upon the action |
of which money or other thing of
value is staked, hazarded, |
bet, won or lost; or any mechanism, furniture,
fixture, |
equipment or other device designed primarily for use in a |
gambling
place. A "gambling device" does not include:
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(1) A coin-in-the-slot operated mechanical device |
played for amusement
which rewards the player with the |
right to replay such mechanical device,
which device is so |
constructed or devised as to make such result of the
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operation thereof depend in part upon the skill of the |
player and which
returns to the player thereof no money, |
property or right to receive money
or property.
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(2) Vending machines by which full and adequate return |
is made for the
money invested and in which there is no |
element of chance or hazard.
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(3) A crane game. For the purposes of this paragraph |
(3), a "crane
game" is an amusement device involving skill, |
if it rewards the player
exclusively with merchandise |
contained within the amusement device proper
and limited to |
toys, novelties and prizes other than currency, each having
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a wholesale value which is not more than $25.
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(4) A redemption machine. For the purposes of this |
paragraph (4), a
"redemption machine" is a single-player or |
multi-player amusement device
involving a game, the object |
of which is throwing, rolling, bowling,
shooting, placing, |
or propelling a ball or other object that is either |
physical or computer generated on a display or with lights |
into, upon, or
against a hole or other target that is |
either physical or computer generated on a display or with |
lights, or stopping, by physical, mechanical, or |
electronic means, a moving object that is either physical |
or computer generated on a display or with lights into, |
upon, or
against a hole or other target that is either |
physical or computer generated on a display or with lights, |
provided that all of the following
conditions are met:
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(A) The outcome of the game is predominantly |
determined by the
skill of the player.
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(B) The award of the prize is based solely upon the |
player's
achieving the object of the game or otherwise |
upon the player's score.
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(C) Only merchandise prizes are awarded.
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(D) The wholesale value of prizes awarded in lieu |
of tickets
or tokens for single play of the device does |
not exceed $25.
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(E) The redemption value of tickets, tokens, and |
other representations
of value, which may be |
accumulated by players to redeem prizes of greater
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value, for a single play of the device does not exceed |
$25.
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(5) Video gaming terminals at a licensed |
establishment, licensed truck stop establishment,
licensed
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fraternal establishment, or licensed veterans |
establishment licensed in accordance with the Video Gaming |
Act. |
(a-5) "Internet" means an interactive computer service or |
system or an
information service, system, or access software |
provider that provides or
enables computer access by multiple |
users to a computer server, and includes,
but is not limited |
to, an information service, system, or access software
provider |
that provides access to a network system commonly known as the
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Internet, or any comparable system or service and also |
includes, but is not
limited to, a World Wide Web page, |
newsgroup, message board, mailing list, or
chat area on any |
interactive computer service or system or other online
service.
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(a-6) "Access" and "computer" have the meanings ascribed to |
them in
Section
16D-2 of this Code.
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(b) A "lottery" is any scheme or procedure whereby one or |
more prizes
are distributed by chance among persons who have |
paid or promised
consideration for a chance to win such prizes, |
whether such scheme or
procedure is called a lottery, raffle, |
gift, sale or some other name, excluding savings promotion |
raffles authorized under Section 5g of the Illinois Banking |
Act, Section 7008 of the Savings Bank Act, Section 42.7 of the |
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Illinois Credit Union Act, Section 5136B of the National Bank |
Act (12 U.S.C. 25a), or Section 4 of the Home Owners' Loan Act |
(12 U.S.C. 1463).
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(c) A "policy game" is any scheme or procedure whereby a |
person promises
or guarantees by any instrument, bill, |
certificate, writing, token or other
device that any particular |
number, character, ticket or certificate shall
in the event of |
any contingency in the nature of a lottery entitle the
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purchaser or holder to receive money, property or evidence of |
debt.
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(Source: P.A. 97-1126, eff. 1-1-13; 98-31, eff. 6-24-13.)
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