Rep. Barbara Flynn Currie

Filed: 11/7/2011

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1297

2    AMENDMENT NO. ______. Amend Senate Bill 1297 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Bingo License and Tax Act is amended by
5changing Sections 1.1 and 2 and by adding Section 2.5 as
6follows:
 
7    (230 ILCS 25/1.1)
8    Sec. 1.1. Definitions. For purposes of this Act, the
9following definitions apply:
10    "Bingo" means a game in which each player has a card or
11board for which a consideration has been paid, containing 5
12horizontal rows of spaces, with each row except the central one
13containing 5 figures. The central row has 4 figures with the
14word "free" marked in the center space. "Bingo" includes games
15that otherwise qualify under this paragraph, except for the use
16of cards where the figures are not preprinted but are filled in

 

 

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1by the players. A player wins a game of bingo by completing a
2preannounced combination of spaces or, in the absence of a
3preannouncement of a combination of spaces, any combination of
45 spaces in a row, vertically, horizontally, or diagonally.
5    "Bingo equipment" means any equipment or machinery
6designed or used for the play of bingo. "Bingo equipment" does
7not include electronic equipment.
8    "Charitable organization" means an organization or
9institution organized and operated to benefit an indefinite
10number of the public.
11    "Department" means the Department of Revenue.
12    "Educational organization" means an organization or
13institution organized and operated to provide systematic
14instruction in useful branches of learning by methods common to
15schools and institutions of learning which compare favorably in
16their scope and intensity with the course of study presented in
17tax-supported schools.
18    "Fraternal organization" means an organization of persons
19having a common interest that is organized and operated
20exclusively to promote the welfare of its members and to
21benefit the general public on a continuing and consistent
22basis, including but not limited to ethnic organizations.
23    "Holiday" means any of the holidays listed in Section 17 of
24the Promissory Note and Bank Holiday Act.
25    "Labor organization" means an organization composed of
26labor unions or workers organized with the objectives of

 

 

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1betterment of the conditions of those engaged in such pursuit
2and the development of a higher degree of efficiency in their
3respective occupations.
4    "Licensed organization" means a qualified organization
5that has obtained a license to conduct bingo in conformance
6with the provisions of this Act.
7    "Limited license" means a license issued to an organization
8that is not a licensed organization, but that is otherwise
9eligible for a regular license to conduct bingo. A limited
10license authorizes the conduct of bingo at up to 2 indoor or
11outdoor festivals during the calendar year for which the
12license is issued for a maximum of 5 consecutive days on each
13occasion.
14    "Non-profit organization" means an organization or
15institution organized and conducted on a not-for-profit basis
16with no personal profit inuring to anyone as a result of the
17operation.
18    "Organization" means a corporation, agency, partnership,
19association, firm, business or other entity consisting of 2 or
20more persons joined by a common interest or purpose.
21    "Person" means any natural individual, corporation,
22partnership, limited liability company, organization (as
23defined in this Section), licensee under this Act, or
24volunteer.
25    "Provider" means any person or organization, except a city,
26village, or incorporated town that owns or leases premises to

 

 

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1an organization for the conduct of bingo.
2    "Regular license" means a license authorizing its holder to
3conduct one session of bingo per week on the date and at the
4time and location stated on the license.
5    "Religious organization" means any church, congregation,
6society, or organization founded for the purpose of religious
7worship.
8    "Remote caller bingo game" means a game of bingo in which
9(1) the numbers or symbols on randomly drawn plastic balls are
10announced by a natural person present at the site where the
11live game is conducted and (2) the organization conducting the
12game of bingo uses audio and video technology to link any of
13its in-state facilities for the purpose of transmitting the
14remote calling of a live bingo game from a single location to
15multiple locations owned, leased, or rented by that
16organization.
17    "Senior citizens organization" means an organization or
18association comprised of members of which substantially all are
19individuals who are senior citizens, as defined in the Illinois
20Act on the Aging, the primary purpose of which is to promote
21the welfare of its members.
22    "Special games" means bingo games that may be designated as
23such, played a maximum of 5 times during a bingo session and
24are distinguished from regular games only by the maximum price
25that may be charged for the bingo cards used.
26    "Special permit" means the ability of a licensee who

 

 

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1currently holds a license to be granted a permit to conduct
2bingo at other premises or on other days not exceeding 5
3consecutive days.
4    "Supplier" means any person, firm, or corporation that
5sells, leases, or distributes to any organization licensed to
6conduct bingo or to any licensed bingo supplier, cards, boards,
7sheets, markers, pads and any other supplies, devices and
8equipment designed for use in the play of bingo.
9    "Veterans' organization" means an organization comprised
10of members of which substantially all are individuals who are
11veterans or spouses, widows, or widowers of veterans, the
12primary purpose of which is to promote the welfare of its
13members and to provide assistance to the general public in such
14a way as to confer a public benefit.
15    "Volunteer" means a person recruited by an organization who
16voluntarily performs services at a bingo event, including
17participation in the management or operation of a game.
18    "Youth athletic organization" means an organization having
19as its exclusive purpose the promotion and provision of
20athletic activities for youth aged 18 and under.
21(Source: P.A. 95-228, eff. 8-16-07.)
 
22    (230 ILCS 25/2)  (from Ch. 120, par. 1102)
23    Sec. 2. The conducting of bingo is subject to the following
24restrictions:
25        (1) The entire net proceeds from bingo play must be

 

 

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1    exclusively devoted to the lawful purposes of the
2    organization permitted to conduct that game.
3        (2) (Blank).
4        (2.5) No person except a bona fide member or employee
5    of the sponsoring organization may participate in the
6    management or operation of bingo.
7        (3) No person may receive any remuneration or profit
8    for participating in the management or operation of the
9    game, except that if an organization licensed under this
10    Act is associated with a school or other educational
11    institution, that school or institution may reduce tuition
12    or fees for a designated pupil based on participation in
13    the management or operation of the game by any member of
14    the organization. The extent to which tuition and fees are
15    reduced shall relate proportionately to the amount of time
16    volunteered by the member, as determined by the school or
17    other educational institution.
18        (4) The aggregate retail value of all prizes or
19    merchandise awarded in any single day of bingo may not
20    exceed $2,250, except that in adjoining counties having
21    200,000 to 275,000 inhabitants each, and in counties which
22    are adjacent to either of such adjoining counties and are
23    adjacent to a total of not more than 2 counties in this
24    State, and in any municipality having 2,500 or more
25    inhabitants and within one mile of such adjoining and
26    adjacent counties having less than 25,000 inhabitants, 2

 

 

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1    additional bingo games may be conducted after the $2,250
2    limit has been reached. The prize awarded for any one game,
3    including any game conducted after reaching the $2,250
4    limit as authorized in this paragraph (4), may not exceed
5    $500 cash or its equivalent.
6        (5) The number of games, including regular and special
7    games, may not exceed 25 in any one day, except that this
8    restriction on the number of games shall not apply to bingo
9    conducted at the Illinois State Fair or any county fair
10    held in Illinois.
11        (6) The price paid for a single card under the license
12    may not exceed $1 and such card is valid for all regular
13    games on that day of bingo. A maximum of 5 special games
14    may be held on each bingo day, except that this restriction
15    on the number of special games shall not apply to bingo
16    conducted at the Illinois State Fair or any county fair
17    held in Illinois. The price for a single special game card
18    may not exceed 50 cents.
19        (7) The number of bingo days conducted by a licensee
20    under this Act, including any remote caller bingo games, is
21    limited to one per week, except as follows:
22            (i) Bingo may be conducted in accordance with the
23        terms of a special operator's permit or limited license
24        issued under subdivision (7) or (8) of Section 1.3.
25            (ii) Bingo may be conducted at the Illinois State
26        Fair or any county fair held in Illinois under

 

 

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1        subdivision (6) of Section 1.3.
2            (iii) A licensee which cancels a day of bingo
3        because of inclement weather or because the day is a
4        holiday or the eve of a holiday may, after giving
5        notice to the Department, conduct bingo on an
6        additional date which falls on a day of the week other
7        than the day authorized under the license.
8        (8) A licensee may rent a premises on which to conduct
9    bingo only from an organization which is licensed as a
10    provider of premises or exempt from license requirements
11    under this Act. If the organization providing the premises
12    is a metropolitan exposition, auditorium, and office
13    building authority created by State law, a licensee may
14    enter into a rental agreement with the organization
15    authorizing the licensee and the organization to share the
16    gross proceeds of bingo games; however, the organization
17    shall not receive more than 50% of the gross proceeds.
18        (9) No person under the age of 18 years may play or
19    participate in the conducting of bingo. Any person under
20    the age of 18 years may be within the area where bingo is
21    being played only when accompanied by his parent or
22    guardian.
23        (10) The promoter of bingo games must have a
24    proprietary interest in the game promoted.
25        (11) Raffles or other forms of gambling prohibited by
26    law shall not be conducted on the premises where bingo is

 

 

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1    being conducted, except that pull tabs and jar games
2    conducted under the Illinois Pull Tabs and Jar Games Act
3    may be conducted on the premises where bingo is being
4    conducted. Prizes awarded in pull tabs and jar games shall
5    not be included in the bingo prize limitation.
6        (12) Organizations may be issued a special permit or
7    limited license no more than 2 times in any year. An
8    organization holding a special operator's permit or a
9    limited license may, as one of the occasions allowed by
10    such permit or license, conduct bingo for a maximum of 2
11    consecutive days. If an organization conducts bingo
12    pursuant to a limited license or special permit, then the
13    number of games played during each day may exceed 25, and
14    regular game cards need not be valid for all regular games.
15    If only noncash prizes are awarded during such occasions,
16    the prize limits stated in subdivision (4) of this Section
17    shall not apply, provided that the retail value of noncash
18    prizes for any single game shall not exceed $150.
19(Source: P.A. 95-228, eff. 8-16-07.)
 
20    (230 ILCS 25/2.5 new)
21    Sec. 2.5. Remote caller bingo license; restrictions.
22    (a) No person or organization may conduct a remote caller
23bingo game without a remote caller bingo license. The remote
24caller bingo game license must list all of the locations
25approved by the Department to conduct remote caller bingo games

 

 

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1under that license. The Department shall issue qualifications
2for a remote caller bingo license and set forth an application
3process.
4    (b) The conducting of a remote caller bingo game is subject
5to the following restrictions:
6        (1) The drawing of each ball bearing a number or symbol
7    by the natural person calling the game shall be visible to
8    all players as the ball is drawn, including through a
9    simultaneous live video feed at remote locations at which
10    players may participate in the game. The audio or video
11    technology used to link the facilities may include cable,
12    Internet, satellite, broadband, or telephone technology,
13    or any other means of electronic transmission that ensures
14    the secure, accurate, and simultaneous transmission of the
15    announcement of numbers or symbols in the game from the
16    location at which the game is called by a natural person to
17    the remote location or locations at which players may
18    participate in the game.
19        (2) The remote caller bingo licensee or members of its
20    organization shall not receive a profit, wage, or salary
21    from the remote caller bingo game.
22        (3) The remote caller bingo game shall be operated and
23    staffed only by the remote caller bingo licensee or members
24    of its organization with the exception of administrative,
25    managerial, technical, financial, or security personnel
26    who are employed by the remote caller bingo licensee at a

 

 

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1    location participating in the remote caller bingo game.
2    Notwithstanding any other provision of law, an exclusive
3    agreement or other agreement between the remote caller
4    bingo licensee and other entities or persons to provide
5    services in the administration, management, or conduct of
6    the game shall not be considered a violation of the
7    prohibition against holding a legally cognizable financial
8    interest in the conduct of the remote caller bingo game by
9    persons or entities other than the charitable
10    organization.
11        (4) The remote caller bingo licensee shall not have
12    overhead costs exceeding 25% of gross sales, except that
13    the limitations of this item (4) shall not apply to
14    one-time, non-recurring capital acquisitions. For purposes
15    of this item (4), overhead costs include, but are not
16    limited to, amounts paid for rent and equipment leasing and
17    the reasonable fees authorized to be paid to
18    administrative, managerial, technical, financial, and
19    security personnel employed by the remote caller bingo
20    licensee.
21        For the purpose of keeping its overhead costs below 25%
22    of gross sales, a remote caller bingo licensee may elect to
23    deduct all or a portion of the fees paid to financial
24    institutions for the use and processing of credit card
25    sales from the amount of gross revenues awarded for prizes.
26    These deducted fees for the use and processing of credit

 

 

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1    card sales shall not be considered overhead costs.
2    Additionally, fees paid to financial institutions for the
3    use and processing of credit card sales shall not be
4    deducted from the proceeds retained by the charitable
5    organization.
6        (5) No person shall be allowed to participate in a
7    remote caller bingo game unless the person is physically
8    present at the time and place where the remote caller bingo
9    game is being conducted. A person shall be deemed to be
10    physically present at the place where the remote caller
11    bingo game is being conducted if he or she is present at
12    any of the locations participating in the remote caller
13    bingo game in accordance with this Section.
14        (6) An organization shall only co-sponsor a remote
15    caller bingo game with one or more other organizations that
16    share the same type of membership category. Unaffiliated
17    organizations shall be limited to a maximum of 10 locations
18    for a remote caller bingo game and a maximum of 2 remote
19    caller bingo games per week.
20        (7) Every remote caller bingo game shall be played
21    until a winner is declared. The declared winner of a remote
22    caller bingo game shall provide his or her identifying
23    information and a mailing address to the onsite manager of
24    the remote caller bingo game. Prizes shall be paid only by
25    check if the prize money exceeds $999.99. The remote caller
26    bingo licensee may issue a check to the winner at the time

 

 

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1    of the game or mail a check to the declared winner by
2    certified mail, return receipt requested, within 10 days
3    after the remote caller bingo game.
4        (8) The value of prizes awarded during the conduct of
5    any remote caller bingo game shall not exceed 40% of the
6    gross receipts for that game. If an authorized organization
7    elects to deduct fees paid for the use and processing of
8    credit card sales from the amount of gross revenues for
9    that game awarded for prizes, then the maximum amount of
10    gross revenues that may be awarded for prizes shall not
11    exceed 40% of the gross receipts for that game, less the
12    amount of redirected fees paid for the use and processing
13    of credit card sales.
14        (9) All prize money exceeding State and federal
15    exemption limits on prize money shall be subject to income
16    tax reporting and withholding requirements under
17    applicable State and federal laws and regulations and those
18    reports and withholding shall be forwarded, within 10
19    business days after the remote caller bingo game, to the
20    appropriate State or federal agency on behalf of the
21    winner. A report shall accompany the amount withheld
22    identifying the person on whose behalf the money is being
23    sent. Any game interrupted by a transmission failure,
24    electrical outage, or act of God shall be considered void
25    in the location that was affected and the organization's
26    members, affiliates, and the State shall be held harmless.

 

 

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1    A refund for a canceled game or games shall be provided to
2    the purchasers.
3        (10) The entire net proceeds, comprised of at least 35%
4    of the gross proceeds, from the remote caller bingo game
5    must be exclusively devoted to the lawful purposes of the
6    organization permitted to conduct that game.".