Full Text of HB2477 99th General Assembly
HB2477enr 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Banking Act is amended by adding | 5 | | Section 5g as follows: | 6 | | (205 ILCS 5/5g new) | 7 | | Sec. 5g. Savings promotion raffle. | 8 | | (a) As used in this Section, "savings promotion raffle" has | 9 | | the same meaning as that term is given in Section 20 of the | 10 | | Federal Deposit Insurance Act (12 U.S.C. 1829a). | 11 | | (b) If authorized by its board of directors, a State bank | 12 | | may conduct a savings promotion raffle. The savings promotion | 13 | | raffle shall be conducted so that each token or ticket | 14 | | representing an entry in the savings promotion raffle has an | 15 | | equal chance of being drawn. A State bank shall not conduct a | 16 | | savings promotion raffle in a manner that jeopardizes the State | 17 | | bank's safety and soundness or misleads its customers. | 18 | | (c) The Secretary may examine the conduct of a savings | 19 | | promotion raffle and may issue a cease and desist order for a | 20 | | violation of this Section. | 21 | | (d) A State bank shall maintain records sufficient to | 22 | | facilitate an audit of the savings promotion raffle. |
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| 1 | | Section 10. The Savings Bank Act is amended by adding | 2 | | Section 7008 as follows: | 3 | | (205 ILCS 205/7008 new) | 4 | | Sec. 7008. Savings promotion raffle. | 5 | | (a) As used in this Section, "savings promotion raffle" has | 6 | | the same meaning as that term is given in Section 4 of the Home | 7 | | Owners' Loan Act (12 U.S.C. 1463). | 8 | | (b) If authorized by its board of directors, a savings bank | 9 | | may conduct a savings promotion raffle. The savings promotion | 10 | | raffle shall be conducted so that each token or ticket | 11 | | representing an entry in the savings promotion raffle has an | 12 | | equal chance of being drawn. A savings bank shall not conduct a | 13 | | savings promotion raffle in a manner that jeopardizes the | 14 | | savings bank's safety and soundness or misleads its customers. | 15 | | (c) The Secretary may examine the conduct of a savings | 16 | | promotion raffle and may issue a cease and desist order for a | 17 | | violation of this Section. | 18 | | (d) A savings bank shall maintain records sufficient to | 19 | | facilitate an audit of the savings promotion raffle. | 20 | | Section 15. The Illinois Credit Union Act is amended by | 21 | | changing Sections 7, 46, and 57.1 and by adding Section 42.7 as | 22 | | follows:
| 23 | | (205 ILCS 305/7) (from Ch. 17, par. 4408)
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| 1 | | Sec. 7. Reciprocity; out-of-state Reciprocity - out of | 2 | | state credit unions.
| 3 | | (1) A credit union organized
and duly chartered as a credit | 4 | | union in another state shall be permitted
to conduct business | 5 | | as a credit union in this State state if and so long as a credit | 6 | | union chartered
under the laws of this State state is permitted | 7 | | to do business in such other state,
provided that:
| 8 | | (a) The credit union shall register with the office | 9 | | prior to
operating in this State, on a form specified by | 10 | | the Secretary.
| 11 | | (b) The credit union may be required to pay a | 12 | | registration fee in
accordance with rules promulgated by | 13 | | the Secretary and the Director.
| 14 | | (c) The credit union shall comply
with rules | 15 | | promulgated by the Secretary concerning the operation of | 16 | | out-of-state out of state
credit unions in this State.
| 17 | | (d) The credit union shall not conduct business in | 18 | | Illinois on terms that are less restrictive than the | 19 | | standards applicable to its operation in its home | 20 | | chartering state. In every instance with respect to its | 21 | | activities and operations in Illinois, the credit union | 22 | | shall comply with applicable Illinois law. | 23 | | (e) Permission to operate in the State may be revoked | 24 | | by the Secretary or the Director if the credit union | 25 | | engages in any activity in the State that would constitute | 26 | | (i) a violation of this Act or other applicable law, (ii) a |
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| 1 | | violation of any rule adopted in accordance with this Act | 2 | | or other applicable law, (iii) a violation of any order of | 3 | | the Secretary or Director issued under his or her authority | 4 | | under this Act, or (iv) an unsafe or unsound practice in | 5 | | the discretion of the Secretary or Director. | 6 | | (1.5) The failure of a credit union chartered in another | 7 | | state to register with the Secretary shall not impair the | 8 | | collectability of a loan made to a resident of this State. | 9 | | (2) It is intended that the legal existence of credit | 10 | | unions chartered
under this Act be recognized beyond the limits
| 11 | | of this State and that, subject to any reasonable registration | 12 | | requirements,
any credit union transacting business outside of | 13 | | this State be granted the
protection of full faith and credit | 14 | | under Section 1 of Article IV of the
Constitution of the United | 15 | | States.
| 16 | | (Source: P.A. 97-133, eff. 1-1-12.)
| 17 | | (205 ILCS 305/42.7 new) | 18 | | Sec. 42.7. Savings promotion raffle. | 19 | | (a) As used in this Section, "savings promotion raffle" | 20 | | means a raffle conducted by a credit union where the sole | 21 | | consideration required for a chance of winning designated | 22 | | prizes is the deposit of at least a specified amount of money | 23 | | in a savings account or other savings program offered by the | 24 | | credit union. | 25 | | (b) If authorized by its board of directors, a credit union |
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| 1 | | may conduct a savings promotion raffle. The savings promotion | 2 | | raffle shall be conducted so that each token or ticket | 3 | | representing an entry in the savings promotion raffle has an | 4 | | equal chance of being drawn. A credit union shall not conduct a | 5 | | savings promotion raffle in a manner that jeopardizes the | 6 | | credit union's safety and soundness or mislead its members. | 7 | | (c) The Secretary may examine the conduct of a savings | 8 | | promotion raffle and may issue a cease and desist order for a | 9 | | violation of this Section. | 10 | | (d) A credit union shall maintain records sufficient to | 11 | | facilitate an audit of the savings promotion raffle. | 12 | | (205 ILCS 305/46) (from Ch. 17, par. 4447)
| 13 | | Sec. 46. Loans and interest rate.
| 14 | | (1) A credit union may make loans
to its members for such | 15 | | purpose and upon such security and terms, including
rates of | 16 | | interest, as the credit committee, credit manager, or loan | 17 | | officer
approves.
Notwithstanding the provisions of any other | 18 | | law in connection with extensions
of credit, a credit union may | 19 | | elect to
contract for and receive interest and fees and other | 20 | | charges for extensions of
credit subject only to the provisions | 21 | | of this Act and rules promulgated under
this Act, except that | 22 | | extensions of credit secured by residential real estate
shall | 23 | | be subject to the laws applicable thereto.
The rates of | 24 | | interest to be charged on loans to members shall be
set by the | 25 | | board of directors of each individual credit union in |
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| 1 | | accordance with Section 30 of this Act and such
rates may be | 2 | | less than, but may not exceed, the maximum rate set forth in
| 3 | | this Section. A borrower may repay his loan prior to maturity, | 4 | | in whole or
in part, without penalty. The credit contract may | 5 | | provide for the payment
by the member and receipt by the credit | 6 | | union of all costs and
disbursements, including reasonable | 7 | | attorney's fees and collection agency
charges, incurred by the | 8 | | credit union to collect or enforce the debt in the
event of a | 9 | | delinquency by the member, or in the event of a breach of any
| 10 | | obligation of the member under the credit contract. A | 11 | | contingency or
hourly arrangement established under an | 12 | | agreement entered into by a credit
union with an attorney or | 13 | | collection agency to collect a loan of a member
in default | 14 | | shall be presumed prima facie reasonable.
| 15 | | (2) Credit unions may make loans based upon the security of | 16 | | any
interest or equity in real estate, subject to rules and | 17 | | regulations
promulgated by the Secretary. In any contract or | 18 | | loan which
is secured by a mortgage, deed of
trust, or | 19 | | conveyance in the nature of a mortgage, on residential real
| 20 | | estate, the interest which is computed, calculated, charged, or | 21 | | collected
pursuant to such contract or loan, or pursuant to any | 22 | | regulation or rule
promulgated pursuant to this Act, may not be | 23 | | computed, calculated, charged
or collected for any period of | 24 | | time occurring after the date on which the
total indebtedness, | 25 | | with the exception of late payment penalties, is paid
in full.
| 26 | | For purposes of this subsection (2) of this Section 46, a |
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| 1 | | prepayment
shall mean the payment of the total indebtedness, | 2 | | with the exception of
late payment penalties if incurred or | 3 | | charged, on any date before the date
specified in the contract | 4 | | or loan agreement on which the total indebtedness
shall be paid | 5 | | in full, or before the date on which all payments, if timely
| 6 | | made, shall have been made. In the event of a prepayment of the
| 7 | | indebtedness which is made on a date
after the date on which | 8 | | interest on the indebtedness was last computed,
calculated, | 9 | | charged, or collected but before the next date on which | 10 | | interest
on the indebtedness was to be calculated, computed, | 11 | | charged, or collected,
the lender may calculate, charge and | 12 | | collect interest on the indebtedness
for the period which | 13 | | elapsed between the date on which the prepayment is
made and | 14 | | the date on which interest on the indebtedness was last | 15 | | computed,
calculated, charged or collected at a rate equal to | 16 | | 1/360 of the annual
rate for each day which so elapsed, which | 17 | | rate shall be applied to the
indebtedness outstanding as of the | 18 | | date of prepayment. The lender shall
refund to the borrower any | 19 | | interest charged or collected which exceeds that
which the | 20 | | lender may charge or collect pursuant to the preceding | 21 | | sentence.
The provisions of this amendatory Act of 1985 shall | 22 | | apply only to contracts
or loans entered into on or after the | 23 | | effective date of this amendatory
Act.
| 24 | | (3) Notwithstanding any other provision of this Act, a | 25 | | credit union
authorized under this Act to make loans secured by | 26 | | an interest or equity in
real estate may engage in making |
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| 1 | | "reverse mortgage" loans to persons for
the purpose of making | 2 | | home improvements or repairs, paying insurance
premiums or | 3 | | paying real estate taxes on the homestead properties
of such | 4 | | persons. If made, such loans shall be made on such terms and
| 5 | | conditions as the credit union shall determine and as shall be | 6 | | consistent
with the provisions of this Section and such rules | 7 | | and regulations as the Secretary
shall promulgate hereunder. | 8 | | For purposes of this Section, a
"reverse mortgage" loan shall | 9 | | be a loan extended on the basis of existing
equity in homestead | 10 | | property and secured by a mortgage on such property.
Such loans | 11 | | shall be repaid upon the sale of the property or upon the death
| 12 | | of the owner or, if the property is in joint tenancy, upon the | 13 | | death of the
last surviving joint tenant who had such an | 14 | | interest in the property at the
time the loan was initiated, | 15 | | provided, however, that the credit union and
its member may by | 16 | | mutual agreement, establish other repayment terms. A
credit | 17 | | union, in making a "reverse mortgage" loan, may add deferred
| 18 | | interest to principal or otherwise provide for the charging of | 19 | | interest or
premiums on such deferred interest. "Homestead" | 20 | | property, for purposes of
this Section, means the domicile and | 21 | | contiguous real estate owned and
occupied by the mortgagor.
| 22 | | (4) Notwithstanding any other provisions of this Act, a | 23 | | credit union
authorized under this Act to make loans secured by | 24 | | an interest or equity
in real property may engage in making | 25 | | revolving credit loans secured by
mortgages or deeds of trust | 26 | | on such real property or by security
assignments of beneficial |
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| 1 | | interests in land trusts.
| 2 | | For purposes of this Section, "revolving credit" has the | 3 | | meaning defined
in Section 4.1 of the Interest Act.
| 4 | | Any mortgage or deed of trust given to secure a revolving | 5 | | credit loan may,
and when so expressed therein shall, secure | 6 | | not only the existing indebtedness
but also such future | 7 | | advances, whether such advances are obligatory or to
be made at | 8 | | the option of the lender, or otherwise, as are made within | 9 | | twenty
years from the date thereof, to the same extent as if | 10 | | such future advances
were made on the date of the execution of | 11 | | such mortgage or deed of trust,
although there may be no | 12 | | advance made at the time of execution of such mortgage
or other | 13 | | instrument, and although there may be no indebtedness | 14 | | outstanding
at the time any advance is made. The lien of such | 15 | | mortgage or deed of trust,
as to third persons
without actual | 16 | | notice thereof, shall be valid as to all such indebtedness
and | 17 | | future advances form the time said mortgage or deed of trust is | 18 | | filed
for record in the office of the recorder of deeds or the | 19 | | registrar of titles
of the county where the real property | 20 | | described therein is located. The
total amount of indebtedness | 21 | | that may be so secured may increase or decrease
from time to | 22 | | time, but the total unpaid balance so secured at any one time
| 23 | | shall not exceed a maximum principal amount which must be | 24 | | specified in such
mortgage or deed of trust, plus interest | 25 | | thereon, and any disbursements
made for the payment of taxes, | 26 | | special assessments, or insurance on said
real property, with |
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| 1 | | interest on such disbursements.
| 2 | | Any such mortgage or deed of trust shall be valid and have | 3 | | priority over
all subsequent liens and encumbrances, including | 4 | | statutory liens, except
taxes and assessments levied on said | 5 | | real property.
| 6 | | (4-5) For purposes of this Section, "real estate" and "real | 7 | | property" include a manufactured home as defined in subdivision | 8 | | (53) of Section 9-102 of the Uniform Commercial Code which is | 9 | | real property as defined in Section 5-35 of the Conveyance and | 10 | | Encumbrance of Manufactured Homes as Real Property and | 11 | | Severance Act. | 12 | | (5) Compliance with federal or Illinois preemptive laws or | 13 | | regulations
governing loans made by a credit union chartered | 14 | | under this Act shall
constitute compliance with this Act.
| 15 | | (6) Credit unions may make residential real estate mortgage | 16 | | loans on terms and conditions established by the United States | 17 | | Department of Agriculture through its Rural Development | 18 | | Housing and Community Facilities Program. The portion of any | 19 | | loan in excess of the appraised value of the real estate shall | 20 | | be allocable only to the guarantee fee required under the | 21 | | program. | 22 | | (7) For a renewal, refinancing, or restructuring of an | 23 | | existing loan at the credit union that is secured by an | 24 | | interest or equity in real estate, a new appraisal of the | 25 | | collateral shall not be required when (i) the transaction | 26 | | involves an existing extension of credit at the credit union, |
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| 1 | | no new moneys are advanced other than funds necessary to cover | 2 | | reasonable closing costs, or (ii) and there has been no obvious | 3 | | or material change in market conditions or physical aspects of | 4 | | the real estate that threatens the adequacy of the credit | 5 | | union's real estate collateral protection after the | 6 | | transaction , even with the advancement of new moneys . The | 7 | | Department reserves the right to require an appraisal under | 8 | | this subsection (7) whenever the Department believes it is | 9 | | necessary to address safety and soundness concerns. | 10 | | (Source: P.A. 97-133, eff. 1-1-12; 98-749, eff. 7-16-14; | 11 | | 98-784, eff. 7-24-14; revised 10-2-14.)
| 12 | | (205 ILCS 305/57.1) | 13 | | Sec. 57.1. Services to other credit unions. | 14 | | (a) A credit union may act as a representative of and enter | 15 | | into an agreement with credit unions or other organizations for | 16 | | the purposes purpose of: | 17 | | (1) sharing, utilizing, renting, leasing, purchasing, | 18 | | selling, and joint ownership of fixed assets or engaging in | 19 | | activities and services that relate to the daily operations | 20 | | of credit unions; and | 21 | | (2) providing correspondent services to other credit | 22 | | unions that the service provider credit union is authorized | 23 | | to perform for its own members or as part of its | 24 | | operations, including, but not limited to, loan | 25 | | processing, loan servicing, member check cashing services, |
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| 1 | | disbursing share withdrawals and loan proceeds, cashing | 2 | | and selling money orders, ACH and wire transfer services, | 3 | | implementation and
administrative support services related | 4 | | to the use of debit cards, payroll debit
cards, and other | 5 | | prepaid debit cards and
credit cards, coin and currency | 6 | | services, performing internal audits, and automated teller | 7 | | machine deposit services.
| 8 | | (Source: P.A. 98-784, eff. 7-24-14; revised 11-26-14.) | 9 | | Section 20. The Raffles and Poker Runs Act is amended by | 10 | | changing Section 1 as follows:
| 11 | | (230 ILCS 15/1) (from Ch. 85, par. 2301)
| 12 | | Sec. 1. Definitions. For the purposes of this Act the terms | 13 | | defined
in this Section have the meanings given them.
| 14 | | "Net proceeds" means the gross receipts from the conduct of | 15 | | raffles, less
reasonable sums expended for prizes, local | 16 | | license fees and other reasonable
operating expenses incurred | 17 | | as a result of operating a raffle or poker run.
| 18 | | "Key location" means the location where the poker run | 19 | | concludes and the prize or prizes are awarded. | 20 | | "Poker run" means an event organized by an organization | 21 | | licensed under this Act in which participants travel to | 22 | | multiple predetermined locations, including a key location, | 23 | | drawing a playing card or equivalent item at each location, in | 24 | | order to assemble a facsimile of a poker hand or other numeric |
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| 1 | | score. "Poker run" includes dice runs, marble runs, or other | 2 | | events where the objective is to build the best hand or highest | 3 | | score by obtaining an item at each location. | 4 | | "Raffle" means a form of lottery, as defined in Section | 5 | | 28-2(b) of the
Criminal Code of 2012, conducted by an | 6 | | organization licensed under this Act, in which:
| 7 | | (1) the player pays or agrees to pay something of value | 8 | | for a chance,
represented and differentiated by a number or | 9 | | by a combination of numbers
or by some other medium, one or | 10 | | more of which chances is to be designated
the winning | 11 | | chance;
| 12 | | (2) the winning chance is to be determined through a | 13 | | drawing or by some
other method based on an element of | 14 | | chance by an act or set of acts on the
part of persons | 15 | | conducting or connected with the lottery, except that the
| 16 | | winning chance shall not be determined by the outcome of a | 17 | | publicly exhibited
sporting contest.
| 18 | | "Raffle" does not include a savings promotion raffle | 19 | | authorized under Section 5g of the Illinois Banking Act, | 20 | | Section 7008 of the Savings Bank Act, Section 42.7 of the | 21 | | Illinois Credit Union Act, Section 5136B of the National Bank | 22 | | Act (12 U.S.C. 25a), or Section 4 of the Home Owners' Loan Act | 23 | | (12 U.S.C. 1463). | 24 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-644, eff. 6-10-14.)
| 25 | | Section 25. The Criminal Code of 2012 is amended by |
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| 1 | | changing Sections 28-1, 28-1.1, and 28-2 as follows:
| 2 | | (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
| 3 | | Sec. 28-1. Gambling.
| 4 | | (a) A person commits gambling when he or she:
| 5 | | (1) knowingly plays a game of chance or skill for money | 6 | | or other thing of
value, unless excepted in subsection (b) | 7 | | of this Section;
| 8 | | (2) knowingly makes a wager upon the result of any | 9 | | game, contest, or any
political nomination, appointment or | 10 | | election;
| 11 | | (3) knowingly operates, keeps, owns, uses, purchases, | 12 | | exhibits, rents, sells,
bargains for the sale or lease of, | 13 | | manufactures or distributes any
gambling device;
| 14 | | (4) contracts to have or give himself or herself or | 15 | | another the option to buy
or sell, or contracts to buy or | 16 | | sell, at a future time, any grain or
other commodity | 17 | | whatsoever, or any stock or security of any company,
where | 18 | | it is at the time of making such contract intended by both | 19 | | parties
thereto that the contract to buy or sell, or the | 20 | | option, whenever
exercised, or the contract resulting | 21 | | therefrom, shall be settled, not by
the receipt or delivery | 22 | | of such property, but by the payment only of
differences in | 23 | | prices thereof; however, the issuance, purchase, sale,
| 24 | | exercise, endorsement or guarantee, by or through a person | 25 | | registered
with the Secretary of State pursuant to Section |
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| 1 | | 8 of the Illinois
Securities Law of 1953, or by or through | 2 | | a person exempt from such
registration under said Section | 3 | | 8, of a put, call, or other option to
buy or sell | 4 | | securities which have been registered with the Secretary of
| 5 | | State or which are exempt from such registration under | 6 | | Section 3 of the
Illinois Securities Law of 1953 is not | 7 | | gambling within the meaning of
this paragraph (4);
| 8 | | (5) knowingly owns or possesses any book, instrument or | 9 | | apparatus by
means of which bets or wagers have been, or | 10 | | are, recorded or registered,
or knowingly possesses any | 11 | | money which he has received in the course of
a bet or | 12 | | wager;
| 13 | | (6) knowingly sells pools upon the result of any game | 14 | | or contest of skill or
chance, political nomination, | 15 | | appointment or election;
| 16 | | (7) knowingly sets up or promotes any lottery or sells, | 17 | | offers to sell or
transfers any ticket or share for any | 18 | | lottery;
| 19 | | (8) knowingly sets up or promotes any policy game or | 20 | | sells, offers to sell or
knowingly possesses or transfers | 21 | | any policy ticket, slip, record,
document or other similar | 22 | | device;
| 23 | | (9) knowingly drafts, prints or publishes any lottery | 24 | | ticket or share,
or any policy ticket, slip, record, | 25 | | document or similar device, except for
such activity | 26 | | related to lotteries, bingo games and raffles authorized by
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| 1 | | and conducted in accordance with the laws of Illinois or | 2 | | any other state or
foreign government;
| 3 | | (10) knowingly advertises any lottery or policy game, | 4 | | except for such
activity related to lotteries, bingo games | 5 | | and raffles authorized by and
conducted in accordance with | 6 | | the laws of Illinois or any other state;
| 7 | | (11) knowingly transmits information as to wagers, | 8 | | betting odds, or
changes in betting odds by telephone, | 9 | | telegraph, radio, semaphore or
similar means; or knowingly | 10 | | installs or maintains equipment for the
transmission or | 11 | | receipt of such information; except that nothing in this
| 12 | | subdivision (11) prohibits transmission or receipt of such | 13 | | information
for use in news reporting of sporting events or | 14 | | contests; or
| 15 | | (12) knowingly establishes, maintains, or operates an | 16 | | Internet site that
permits a person to play a game of
| 17 | | chance or skill for money or other thing of value by means | 18 | | of the Internet or
to make a wager upon the
result of any | 19 | | game, contest, political nomination, appointment, or
| 20 | | election by means of the Internet. This item (12) does not | 21 | | apply to activities referenced in items (6) and (6.1) of | 22 | | subsection (b) of this Section.
| 23 | | (b) Participants in any of the following activities shall | 24 | | not be
convicted of gambling:
| 25 | | (1) Agreements to compensate for loss caused by the | 26 | | happening of
chance including without limitation contracts |
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| 1 | | of indemnity or guaranty
and life or health or accident | 2 | | insurance.
| 3 | | (2) Offers of prizes, award or compensation to the | 4 | | actual
contestants in any bona fide contest for the | 5 | | determination of skill,
speed, strength or endurance or to | 6 | | the owners of animals or vehicles
entered in such contest.
| 7 | | (3) Pari-mutuel betting as authorized by the law of | 8 | | this State.
| 9 | | (4) Manufacture of gambling devices, including the | 10 | | acquisition of
essential parts therefor and the assembly | 11 | | thereof, for transportation in
interstate or foreign | 12 | | commerce to any place outside this State when such
| 13 | | transportation is not prohibited by any applicable Federal | 14 | | law; or the
manufacture, distribution, or possession of | 15 | | video gaming terminals, as
defined in the Video Gaming Act, | 16 | | by manufacturers, distributors, and
terminal operators | 17 | | licensed to do so under the Video Gaming Act.
| 18 | | (5) The game commonly known as "bingo", when conducted | 19 | | in accordance
with the Bingo License and Tax Act.
| 20 | | (6) Lotteries when conducted by the State of Illinois | 21 | | in accordance
with the Illinois Lottery Law. This exemption | 22 | | includes any activity conducted by the Department of | 23 | | Revenue to sell lottery tickets pursuant to the provisions | 24 | | of the Illinois Lottery Law and its rules.
| 25 | | (6.1) The purchase of lottery tickets through the | 26 | | Internet for a lottery conducted by the State of Illinois |
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| 1 | | under the program established in Section 7.12 of the | 2 | | Illinois Lottery Law.
| 3 | | (7) Possession of an antique slot machine that is | 4 | | neither used nor
intended to be used in the operation or | 5 | | promotion of any unlawful
gambling activity or enterprise. | 6 | | For the purpose of this subparagraph
(b)(7), an antique | 7 | | slot machine is one manufactured 25 years ago or earlier.
| 8 | | (8) Raffles and poker runs when conducted in accordance | 9 | | with the Raffles and Poker Runs Act.
| 10 | | (9) Charitable games when conducted in accordance with | 11 | | the Charitable
Games Act.
| 12 | | (10) Pull tabs and jar games when conducted under the | 13 | | Illinois Pull
Tabs and Jar Games Act.
| 14 | | (11) Gambling games conducted on riverboats when
| 15 | | authorized by the Riverboat Gambling Act.
| 16 | | (12) Video gaming terminal games at a licensed | 17 | | establishment, licensed truck stop establishment,
licensed
| 18 | | fraternal establishment, or licensed veterans | 19 | | establishment when
conducted in accordance with the Video | 20 | | Gaming Act. | 21 | | (13) Games of skill or chance where money or other | 22 | | things of value can be won but no payment or purchase is | 23 | | required to participate. | 24 | | (14) Savings promotion raffles authorized under | 25 | | Section 5g of the Illinois Banking Act, Section 7008 of the | 26 | | Savings Bank Act, Section 42.7 of the Illinois Credit Union |
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| 1 | | Act, Section 5136B of the National Bank Act (12 U.S.C. | 2 | | 25a), or Section 4 of the Home Owners' Loan Act (12 U.S.C. | 3 | | 1463). | 4 | | (c) Sentence.
| 5 | | Gambling is a
Class A misdemeanor. A second or
subsequent | 6 | | conviction under subsections (a)(3) through (a)(12),
is a Class | 7 | | 4 felony.
| 8 | | (d) Circumstantial evidence.
| 9 | | In prosecutions under
this
Section circumstantial evidence | 10 | | shall have the same validity and weight as
in any criminal | 11 | | prosecution.
| 12 | | (Source: P.A. 97-1108, eff. 1-1-13; 98-644, eff. 6-10-14.)
| 13 | | (720 ILCS 5/28-1.1)
(from Ch. 38, par. 28-1.1)
| 14 | | Sec. 28-1.1. Syndicated gambling.
| 15 | | (a) Declaration of Purpose. Recognizing the close | 16 | | relationship between
professional gambling and other organized | 17 | | crime, it is declared to be the
policy of the legislature to | 18 | | restrain persons from engaging in the business
of gambling for | 19 | | profit in this State. This Section shall be liberally
construed | 20 | | and administered with a view to carrying out this policy.
| 21 | | (b) A person commits syndicated gambling when he or she | 22 | | operates a "policy
game" or engages in the business of | 23 | | bookmaking.
| 24 | | (c) A person "operates a policy game" when he or she | 25 | | knowingly uses any
premises or property for the purpose of |
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| 1 | | receiving or knowingly does
receive from what is commonly | 2 | | called "policy":
| 3 | | (1) money from a person other than the bettor or player | 4 | | whose
bets or plays are represented by the money; or
| 5 | | (2) written "policy game" records, made or used over | 6 | | any
period of time, from a person other than the bettor or | 7 | | player whose bets
or plays are represented by the written | 8 | | record.
| 9 | | (d) A person engages in bookmaking when he or she knowingly | 10 | | receives or accepts more
than five bets or wagers upon the | 11 | | result of any trials or contests of
skill, speed or power of | 12 | | endurance or upon any lot, chance, casualty,
unknown or | 13 | | contingent event whatsoever, which bets or wagers shall be of
| 14 | | such size that the total of the amounts of money paid or | 15 | | promised to be
paid to the bookmaker on account thereof shall | 16 | | exceed $2,000.
Bookmaking is the receiving or accepting of bets | 17 | | or wagers
regardless of the form or manner in which the | 18 | | bookmaker records them.
| 19 | | (e) Participants in any of the following activities shall | 20 | | not be
convicted of syndicated gambling:
| 21 | | (1) Agreements to compensate for loss caused by the | 22 | | happening
of chance including without limitation contracts | 23 | | of indemnity or
guaranty and life or health or accident | 24 | | insurance;
| 25 | | (2) Offers of prizes, award or compensation to the | 26 | | actual
contestants in any bona fide contest for the |
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| 1 | | determination of skill,
speed, strength or endurance or to | 2 | | the owners of animals or vehicles
entered in the contest;
| 3 | | (3) Pari-mutuel betting as authorized by law of this | 4 | | State;
| 5 | | (4) Manufacture of gambling devices, including the | 6 | | acquisition
of essential parts therefor and the assembly | 7 | | thereof, for transportation
in interstate or foreign | 8 | | commerce to any place outside this State when
the | 9 | | transportation is not prohibited by any applicable Federal | 10 | | law;
| 11 | | (5) Raffles and poker runs when conducted in accordance | 12 | | with the Raffles and Poker Runs Act;
| 13 | | (6) Gambling games conducted on riverboats when
| 14 | | authorized by the Riverboat Gambling Act; and
| 15 | | (7) Video gaming terminal games at a licensed | 16 | | establishment, licensed truck stop establishment,
licensed
| 17 | | fraternal establishment, or licensed veterans | 18 | | establishment
when conducted in accordance with the Video | 19 | | Gaming Act ; and .
| 20 | | (8) Savings promotion raffles authorized under Section | 21 | | 5g of the Illinois Banking Act, Section 7008 of the Savings | 22 | | Bank Act, Section 42.7 of the Illinois Credit Union Act, | 23 | | Section 5136B of the National Bank Act (12 U.S.C. 25a), or | 24 | | Section 4 of the Home Owners' Loan Act (12 U.S.C. 1463). | 25 | | (f) Sentence. Syndicated gambling is a Class 3 felony.
| 26 | | (Source: P.A. 97-1108, eff. 1-1-13; 98-644, eff. 6-10-14.)
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| 1 | | (720 ILCS 5/28-2) (from Ch. 38, par. 28-2)
| 2 | | Sec. 28-2. Definitions.
| 3 | | (a) A "gambling device" is any clock, tape machine, slot | 4 | | machine or
other machines or device for the reception of money | 5 | | or other thing of value
on chance or skill or upon the action | 6 | | of which money or other thing of
value is staked, hazarded, | 7 | | bet, won or lost; or any mechanism, furniture,
fixture, | 8 | | equipment or other device designed primarily for use in a | 9 | | gambling
place. A "gambling device" does not include:
| 10 | | (1) A coin-in-the-slot operated mechanical device | 11 | | played for amusement
which rewards the player with the | 12 | | right to replay such mechanical device,
which device is so | 13 | | constructed or devised as to make such result of the
| 14 | | operation thereof depend in part upon the skill of the | 15 | | player and which
returns to the player thereof no money, | 16 | | property or right to receive money
or property.
| 17 | | (2) Vending machines by which full and adequate return | 18 | | is made for the
money invested and in which there is no | 19 | | element of chance or hazard.
| 20 | | (3) A crane game. For the purposes of this paragraph | 21 | | (3), a "crane
game" is an amusement device involving skill, | 22 | | if it rewards the player
exclusively with merchandise | 23 | | contained within the amusement device proper
and limited to | 24 | | toys, novelties and prizes other than currency, each having
| 25 | | a wholesale value which is not more than $25.
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| 1 | | (4) A redemption machine. For the purposes of this | 2 | | paragraph (4), a
"redemption machine" is a single-player or | 3 | | multi-player amusement device
involving a game, the object | 4 | | of which is throwing, rolling, bowling,
shooting, placing, | 5 | | or propelling a ball or other object that is either | 6 | | physical or computer generated on a display or with lights | 7 | | into, upon, or
against a hole or other target that is | 8 | | either physical or computer generated on a display or with | 9 | | lights, or stopping, by physical, mechanical, or | 10 | | electronic means, a moving object that is either physical | 11 | | or computer generated on a display or with lights into, | 12 | | upon, or
against a hole or other target that is either | 13 | | physical or computer generated on a display or with lights, | 14 | | provided that all of the following
conditions are met:
| 15 | | (A) The outcome of the game is predominantly | 16 | | determined by the
skill of the player.
| 17 | | (B) The award of the prize is based solely upon the | 18 | | player's
achieving the object of the game or otherwise | 19 | | upon the player's score.
| 20 | | (C) Only merchandise prizes are awarded.
| 21 | | (D) The wholesale value of prizes awarded in lieu | 22 | | of tickets
or tokens for single play of the device does | 23 | | not exceed $25.
| 24 | | (E) The redemption value of tickets, tokens, and | 25 | | other representations
of value, which may be | 26 | | accumulated by players to redeem prizes of greater
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| 1 | | value, for a single play of the device does not exceed | 2 | | $25.
| 3 | | (5) Video gaming terminals at a licensed | 4 | | establishment, licensed truck stop establishment,
licensed
| 5 | | fraternal establishment, or licensed veterans | 6 | | establishment licensed in accordance with the Video Gaming | 7 | | Act. | 8 | | (a-5) "Internet" means an interactive computer service or | 9 | | system or an
information service, system, or access software | 10 | | provider that provides or
enables computer access by multiple | 11 | | users to a computer server, and includes,
but is not limited | 12 | | to, an information service, system, or access software
provider | 13 | | that provides access to a network system commonly known as the
| 14 | | Internet, or any comparable system or service and also | 15 | | includes, but is not
limited to, a World Wide Web page, | 16 | | newsgroup, message board, mailing list, or
chat area on any | 17 | | interactive computer service or system or other online
service.
| 18 | | (a-6) "Access" and "computer" have the meanings ascribed to | 19 | | them in
Section
16D-2 of this Code.
| 20 | | (b) A "lottery" is any scheme or procedure whereby one or | 21 | | more prizes
are distributed by chance among persons who have | 22 | | paid or promised
consideration for a chance to win such prizes, | 23 | | whether such scheme or
procedure is called a lottery, raffle, | 24 | | gift, sale or some other name , excluding savings promotion | 25 | | raffles authorized under Section 5g of the Illinois Banking | 26 | | Act, Section 7008 of the Savings Bank Act, Section 42.7 of the |
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| 1 | | Illinois Credit Union Act, Section 5136B of the National Bank | 2 | | Act (12 U.S.C. 25a), or Section 4 of the Home Owners' Loan Act | 3 | | (12 U.S.C. 1463) .
| 4 | | (c) A "policy game" is any scheme or procedure whereby a | 5 | | person promises
or guarantees by any instrument, bill, | 6 | | certificate, writing, token or other
device that any particular | 7 | | number, character, ticket or certificate shall
in the event of | 8 | | any contingency in the nature of a lottery entitle the
| 9 | | purchaser or holder to receive money, property or evidence of | 10 | | debt.
| 11 | | (Source: P.A. 97-1126, eff. 1-1-13; 98-31, eff. 6-24-13.)
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