SB2636 104TH GENERAL ASSEMBLY

LRB104 12693 LNS 23531 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2636

Introduced 3/12/2025, by Sen. Willie Preston

SYNOPSIS AS INTRODUCED:

See Index

Amends the Video Gaming Act. Provides that an applicant or licensee is not in violation of the Act or any of the Illinois Gaming Board rules, and shall not be subject to disciplinary action, delay of any Board consideration, or denial of any license for operating a game device if operation of the gaming device is in compliance with and not considered gambling under the Criminal Code of 2012. Amends the Criminal Code of 2012. Provides that a gambling offense involving a specific gambling device is a Class 4 felony. Prohibits a municipality from imposing any restriction or prohibition related to an activity which is lawful under under a provision that set forth activities that a person may not be convicted of gambling for participating. Includes specified vending or other electronic machines or devices in the definition of gambling device. Amends the Prizes and Gifts Act. Provides that it is unlawful for a person to operate on any premises a prize and gift kiosk that fails to meet the specified technical standards. Prohibits a prize and gift kiosk from being connected directly or indirectly to the Internet in order to participate in the game or contest or to receive or retrieve any data related to the kiosk or device unless the connected device is a redemption vault. Provides that is unlawful for a prize and gift kiosk to offer the sale of anything other than a bona fide product. Provides that it is unlawful to operate a prize and gift kiosk without a self contained fill system which permits the operation of the device solely determined on a fee basis or the amount of revenue generated but does not include a system based on time, number of spins or spin equivalent, or other non-revenue based system, and automatically ceases to operate upon the completion of a predetermined cycle. Provides that it is unlawful to operate a prize and gift kiosk without a route boost plus internal monitoring system that accounts and records (i) cash in, (ii) winnings, (iii) entries used, (iv) power failures, disconnections from the monitoring system, and malfunctions, and (v) remote activations and disabling. Requires a prize and gift kiosk to be registered with the Department of Revenue and to remit the annual fee as set by the Department of Revenue. Effective immediately.

A BILL FOR

AN ACT concerning gaming.

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

Section 5. The Video Gaming Act is amended by changing Section 35 as follows:

(230 ILCS 40/35)

Sec. 35. Display of license; confiscation; violation as felony.

(a) Each video gaming terminal shall be licensed by the Board before placement or operation on the premises of a licensed establishment, licensed truck stop establishment, licensed large truck stop establishment, licensed fraternal establishment, or licensed veterans establishment. The license of each video gaming terminal shall be maintained at the location where the video gaming terminal is operated. Failure to do so is a petty offense with a fine not to exceed $100. Any licensed establishment, licensed truck stop establishment, licensed large truck stop establishment, licensed fraternal establishment, or licensed veterans establishment used for the conduct of gambling games in violation of this Act shall be considered a gambling place in violation of Section 28-3 of the Criminal Code of 2012. Every gambling device found in a licensed establishment, licensed truck stop establishment, licensed large truck stop establishment, licensed fraternal establishment, or licensed veterans establishment operating gambling games in violation of this Act shall be subject to seizure, confiscation, and destruction as provided in Section 28-5 of the Criminal Code of 2012. Any license issued under the Liquor Control Act of 1934 to any owner or operator of a licensed establishment, licensed truck stop establishment, licensed large truck stop establishment, licensed fraternal establishment, or licensed veterans establishment that operates or permits the operation of a video gaming terminal within its establishment in violation of this Act shall be immediately revoked. No person may own, operate, have in his or her possession or custody or under his or her control, or permit to be kept in any place under his or her possession or control, any device that awards credits and contains a circuit, meter, or switch capable of removing and recording the removal of credits when the award of credits is dependent upon chance.

Nothing in this Section shall be deemed to prohibit the use of a game device only if the game device is used in an activity that is not gambling under subsection (b) of Section 28-1 of the Criminal Code of 2012. An applicant or licensee under this Act is not in violation of this Act or any of the Illinois Gaming Board rules, specifically 11 Ill. Adm. Code 1800.420, and shall not be subject to disciplinary action, delay of any Board consideration, or denial of any license for operating a game device if operation of the gaming device is in compliance with and not considered gambling under subsection (b) of Section 28-1 or paragraph (iii) of subsection (a) of Section 28-2 of the Criminal Code of 2012.

A violation of this Section is a Class 4 felony. All devices that are owned, operated, or possessed in violation of this Section are hereby declared to be public nuisances and shall be subject to seizure, confiscation, and destruction as provided in Section 28-5 of the Criminal Code of 2012.

The provisions of this Section do not apply to devices or electronic video game terminals licensed pursuant to this Act. A video gaming terminal operated for amusement only and bearing a valid amusement tax sticker shall not be subject to this Section until 30 days after the Board establishes that the central communications system is functional.

(b) (1) The odds of winning each video game shall be posted on or near each video gaming terminal. The manner in which the odds are calculated and how they are posted shall be determined by the Board by rule.

(2) No video gaming terminal licensed under this Act may be played except during the legal hours of operation allowed for the consumption of alcoholic beverages at the licensed establishment, licensed fraternal establishment, or licensed veterans establishment. A licensed establishment, licensed fraternal establishment, or licensed veterans establishment that violates this subsection is subject to termination of its license by the Board.

(Source: P.A. 101-31, eff. 6-28-19.)

Section 10. The Criminal Code of 2012 is amended by changing Sections 28-1 and 28-2 as follows and by adding Section 28-1.2 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), (6.1), (8), (8.1), and (15) 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.

(8.1) The purchase of raffle chances for a raffle 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 when authorized by the Illinois Gambling Act.

(12) Video gaming terminal games at a licensed establishment, licensed truck stop establishment, licensed large 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 as provided for in Section 10 of the Prizes and Gifts Act, except where participation in such game of chance is accomplished using a gambling device prohibited by paragraph (iii) of subsection (a) of Section 28-2.

(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).

(15) Sports wagering when conducted in accordance with the Sports Wagering Act.

(c) Sentence.

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

(2) Notwithstanding any other provision of this Section to the contrary, a gambling offense involving a gambling device described in paragraph (iii) of subsection (a) of Section 28-2 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. 101-31, Article 25, Section 25-915, eff. 6-28-19; 101-31, Article 35, Section 35-80, eff. 6-28-19; 101-109, eff. 7-19-19; 102-558, eff. 8-20-21.)

(720 ILCS 5/28-1.2 new)

Sec. 28-1.2. Restrictions prohibited. No municipality shall impose any restriction or prohibition related to an activity which is lawful under subsection (b) of Section 28-1.

(720 ILCS 5/28-2) (from Ch. 38, par. 28-2)

Sec. 28-2. Definitions.

(a) A "gambling device" is (i) 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; (ii) or any mechanism, furniture, fixture, equipment, or other device designed primarily for use in a gambling place; or (iii) any vending or other electronic machine or device, including, but not limited to, a machine or device that awards credits and contains a circuit, meter, or switch capable of removing and recording the removal of credits or that is connected directly or indirectly to the Internet, either by cellular modem, hard wire, or wireless connection, or to a set of interconnected networked devices in order to participate in the game or contest or to receive or retrieve any data related to the device unless the connected device is a redemption vault or does not operate with a self-contained fill system, as defined in Section 10 and subsection (d) of Section 33 of the Prizes and Gifts Act, which permits the operation of the device solely determined on a fee basis or the amount of revenue generated but does not include a system based on time, number of spins or spin equivalent, or other non-revenue based system, and automatically ceases to operate upon the completion of a predetermined cycle and a route boost plus internal monitoring system, as defined in Section 10 of the Prizes and gifts Act, which is established and operated by the distributor. A "gambling device" does not include:

(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 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.

(2) Except as otherwise provided in this subsection, a vending machine 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; or a device as provided for in the Prizes and Gifts Act.

(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 a wholesale value which is not more than $25.

(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:

(A) The outcome of the game is predominantly determined by the skill of the player.

(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.

(C) Only merchandise prizes are awarded.

(D) The wholesale value of prizes awarded in lieu of tickets or tokens for single play of the device does not exceed $25.

(E) The redemption value of tickets, tokens, and other representations of value, which may be accumulated by players to redeem prizes of greater value, for a single play of the device does not exceed $25.

(5) Video gaming terminals at a licensed establishment, licensed truck stop establishment, licensed large truck stop establishment, licensed 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 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.

(a-6) "Access" has the meaning ascribed to the term in Section 17-55.

(a-7) "Computer" has the meaning ascribed to the term in Section 17-0.5.

(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 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) 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 purchaser or holder to receive money, property, or evidence of debt.

(Source: P.A. 101-31, eff. 6-28-19; 101-87, eff. 1-1-20; 102-558, eff. 8-20-21.)

Section 15. The Prizes and Gifts Act is amended by by changing Section 10 and by adding Sections 33 and 45 as follows:

(815 ILCS 525/10)

Sec. 10. Definitions. As used in this Act:

"Bona fide product" means any item of real value, which may include gift certificates to be used for or towards the purchase of a retail item. "Bona fide product" does not include discount coupons, Internet access, a telephone card, a calling card, or a phone card.

"Catalog seller" means an entity (and its subsidiaries) or a person at least 50% of whose annual revenues are derived from the sale of products sold in connection with the distribution of catalogs of at least 24 pages, which contain written descriptions or illustrations and sale prices for each item of merchandise and which are distributed in more than one state with a total annual distribution of at least 250,000.

"Discount coupon" means a coupon that has a value worth double the amount inserted into the electronic product promotion kiosk and is used to offset the price of a retail item at a store with a physical location or ecommerce website.

"No payment or purchase" means the process to participate in a prize and gift kiosk without inserting anything of value and limited to obtaining a code that will allow for free participation through the mail pursuant to instructions contained within the prize and gift kiosk.

"Person" means a corporation, partnership, limited liability company, sole proprietorship, or natural person.

"Prize" means a gift, award, or other item or service of value that is offered or awarded to a participant in a real or purported contest, competition, sweepstakes, scheme, plan, or other selection process that involves an element of chance.

"Prize and gift kiosk" means a device used to promote the purchase of a bona fide product and offers or awards a prize, including cash, without requiring payment or purchase to participate in compliance with paragraph (12) of subsection (a) and paragraph (13) of subsection (b) of Section 28-1 of the Criminal Code of 2012, contains a fill system which permits the operation of the device solely determined on a fee basis or the amount of revenue generated but does not include a system based on time, number of spins or spin equivalent, or other non-revenue based system, and automatically ceases to operate upon the completion of a predetermined cycle, contains a route boost plus internal monitoring system that accounts and records (i) cash in, (ii) winnings, (iii) entries used, (iv) power failures, disconnections from the monitoring system, and malfunctions, and (v) remote activations and disabling. However, the monitoring system shall not be able to control or in any way alter the play of the prize and gift kiosk and shall not provide for the monitoring or reading of personal or financial information concerning patrons, and is not connected directly or indirectly to the Internet, either by cellular modem, hard wire or wireless connection, or to a set of interconnected networked devices in order to participate in the game or contest or to receive or retrieve any data related to the device unless the connected device is a redemption vault that is for the sole purpose of redeeming a prize or award.

"Retail value" of a prize means:

(1) a price at which the sponsor can substantiate that a substantial quantity of the item or service offered as a prize has been sold to the public; or

(2) if the sponsor is unable to satisfy the requirement in subdivision (1), no more than 3 times the amount the sponsor paid for the prize in a bona fide purchase from an unaffiliated seller.

"Route boost plus" means an internal monitoring system that accounts and records (i) cash in, (ii) winnings, (iii) entries used, (iv) power failures, disconnections from the monitoring system, and malfunctions, and (v) remote activations and disabling. However, the monitoring system shall not be able to control or in any way alter the play of the prize and gift kiosk and shall not provide for the monitoring or reading of personal or financial information concerning patrons.

"Sponsor" means a person on whose behalf a promotion is conducted to promote or advertise goods, services, or property of that person. "Sponsor" includes a person who conducts a promotion on behalf of another sponsor.

(Source: P.A. 92-436, eff. 1-1-02.)

(815 ILCS 525/33 new)

Sec. 33. Prize and gift kiosk.

(a) It is unlawful for a person to operate on any premises a prize and gift kiosk that fails to meet the technical standard set forth in Section 10.

(b) No prize and gift kiosk shall be connected directly or indirectly to the Internet, either by cellular modem, hard wire or wireless connection, or to a set of interconnected networked devices in order to participate in the game or contest or to receive or retrieve any data related to the kiosk or device unless the connected device is a redemption vault.

(c) It is unlawful for a prize and gift kiosk to offer the sale of anything other than a bona fide product.

(d) It is unlawful to operate a prize and gift kiosk without a self contained fill system which permits the operation of the device solely determined on a fee basis or the amount of revenue generated but does not include a system based on time, number of spins or spin equivalent, or other non-revenue based system, and automatically ceases to operate upon the completion of a predetermined cycle.

(e) It is unlawful to operate a prize and gift kiosk without a route boost plus internal monitoring system that accounts and records (i) cash in, (ii) winnings, (iii) entries used, (iv) power failures, disconnections from the monitoring system, and malfunctions, and (v) remote activations and disabling. However, the monitoring system shall not be able to control or in any way alter the play of the prize and gift kiosk and shall not provide for the monitoring or reading of personal or financial information concerning patrons.

(f) It is unlawful for a prize and gift kiosk to offer no payment or purchase options other than provided for in Section 10.

(815 ILCS 525/45 new)

Sec. 45. Fee. A prize and gift kiosk shall be registered with the Department of Revenue and shall remit the annual fee as set by the Department of Revenue. Filing for a device other than a prize and gift kiosk shall be deemed a violation of filing a false report or form with the State. Violators shall be subject to any and all penalties for such violation, including, but not limited to, the seizure of the device. The Department of Revenue and the Illinois Liquor Control Commission or its designee, including any public or private task force, shall have jurisdiction.

Section 99. Effective date. This Act takes effect upon becoming law.