Full Text of HB5227 94th General Assembly
HB5227 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB5227
Introduced 1/24/2006, by Rep. Robert S. Molaro SYNOPSIS AS INTRODUCED: |
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35 ILCS 510/3 |
from Ch. 120, par. 481b.3 |
720 ILCS 5/28-1 |
from Ch. 38, par. 28-1 |
720 ILCS 5/28-2 |
from Ch. 38, par. 28-2 |
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Amends the Coin-Operated Amusement Device and Redemption Machine Tax Act. Provides that all privilege tax decals must be securely affixed to the device and that a decal that is attached to a device behind a transparent plate or covering that is screwed, bolted, or otherwise securely fastened to the device is deemed to be securely affixed. Amends the Criminal Code of 1961. In a provision of the Gambling Article exempting offers of prizes, awards, or compensation in contests for the determination of skill, defines "skill" as a player's experience, precision, dexterity, or ability to use his or her knowledge that enables him or her to obtain more frequent awards, prizes, or compensation than does another less experienced, precise, dexterous or knowledgeable player. In a Section defining a "crane game" and a "redemption machine", provides that the value of the prize may not exceed $100 (now, 7 times the cost charged to play
the amusement device or $5, whichever is less). Effective immediately.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
FISCAL NOTE ACT MAY APPLY |
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A BILL FOR
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HB5227 |
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| AN ACT concerning gaming.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Coin-Operated Amusement Device and | 5 |
| Redemption Machine Tax Act is amended by changing Section 3 as | 6 |
| follows:
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| (35 ILCS 510/3) (from Ch. 120, par. 481b.3)
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| Sec. 3. Transfer of decals; affixing decals.
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| (1) All privilege tax decals herein provided for
shall be | 10 |
| transferable from
one device to another device. Any such | 11 |
| transfer from one device to another
shall be reported to the | 12 |
| Department of Revenue on forms prescribed by such
Department. | 13 |
| All privilege tax decals issued hereunder shall
expire on July | 14 |
| 31
following issuance.
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| (2) All privilege tax decals must be securely affixed to | 16 |
| the device. A decal that is attached to a device behind a | 17 |
| transparent plate or covering that is screwed, bolted, or | 18 |
| otherwise securely fastened to the device is deemed to be | 19 |
| securely affixed for the purposes of this Section
(Blank) .
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| (Source: P.A. 93-32, eff. 7-1-03.)
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| Section 10. The Criminal Code of 1961 is amended by | 22 |
| changing Sections 28-1 and 28-2 as follows:
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| (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
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| Sec. 28-1. Gambling.
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| (a) A person commits gambling when he:
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| (1) Plays a game of chance or skill for money or other | 27 |
| thing of
value, unless excepted in subsection (b) of this | 28 |
| Section; or
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| (2) Makes a wager upon the result of any game, contest, | 30 |
| or any
political nomination, appointment or election; or
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| (3) Operates, keeps, owns, uses, purchases, exhibits, | 2 |
| rents, sells,
bargains for the sale or lease of, | 3 |
| manufactures or distributes any
gambling device; or
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| (4) Contracts to have or give himself or another the | 5 |
| option to buy
or sell, or contracts to buy or sell, at a | 6 |
| future time, any grain or
other commodity whatsoever, or | 7 |
| any stock or security of any company,
where it is at the | 8 |
| time of making such contract intended by both parties
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| thereto that the contract to buy or sell, or the option, | 10 |
| whenever
exercised, or the contract resulting therefrom, | 11 |
| shall be settled, not by
the receipt or delivery of such | 12 |
| property, but by the payment only of
differences in prices | 13 |
| thereof; however, the issuance, purchase, sale,
exercise, | 14 |
| endorsement or guarantee, by or through a person registered
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| with the Secretary of State pursuant to Section 8 of the | 16 |
| Illinois
Securities Law of 1953, or by or through a person | 17 |
| exempt from such
registration under said Section 8, of a | 18 |
| put, call, or other option to
buy or sell securities which | 19 |
| have been registered with the Secretary of
State or which | 20 |
| are exempt from such registration under Section 3 of the
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| Illinois Securities Law of 1953 is not gambling within the | 22 |
| meaning of
this paragraph (4); or
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| (5) Knowingly owns or possesses any book, instrument or | 24 |
| apparatus by
means of which bets or wagers have been, or | 25 |
| are, recorded or registered,
or knowingly possesses any | 26 |
| money which he has received in the course of
a bet or | 27 |
| wager; or
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| (6) Sells pools upon the result of any game or contest | 29 |
| of skill or
chance, political nomination, appointment or | 30 |
| election; or
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| (7) Sets up or promotes any lottery or sells, offers to | 32 |
| sell or
transfers any ticket or share for any lottery; or
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| (8) Sets up or promotes any policy game or sells, | 34 |
| offers to sell or
knowingly possesses or transfers any | 35 |
| policy ticket, slip, record,
document or other similar | 36 |
| device; or
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| (9) Knowingly drafts, prints or publishes any lottery | 2 |
| ticket or share,
or any policy ticket, slip, record, | 3 |
| document or similar device, except for
such activity | 4 |
| related to lotteries, bingo games and raffles authorized by
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| and conducted in accordance with the laws of Illinois or | 6 |
| any other state or
foreign government; or
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| (10) Knowingly advertises any lottery or policy game, | 8 |
| except for such
activity related to lotteries, bingo games | 9 |
| and raffles authorized by and
conducted in accordance with | 10 |
| the laws of Illinois or any other state; or
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| (11) Knowingly transmits information as to wagers, | 12 |
| betting odds, or
changes in betting odds by telephone, | 13 |
| telegraph, radio, semaphore or
similar means; or knowingly | 14 |
| installs or maintains equipment for the
transmission or | 15 |
| receipt of such information; except that nothing in this
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| subdivision (11) prohibits transmission or receipt of such | 17 |
| information
for use in news reporting of sporting events or | 18 |
| contests; or
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| (12) Knowingly establishes, maintains, or operates an | 20 |
| Internet site that
permits a person to play a game of
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| chance or skill for money or other thing of value by means | 22 |
| of the Internet or
to make a wager upon the
result of any | 23 |
| game, contest, political nomination, appointment, or
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| election by means of the Internet.
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| (b) Participants in any of the following activities shall | 26 |
| not be
convicted of gambling therefor:
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| (1) Agreements to compensate for loss caused by the | 28 |
| happening of
chance including without limitation contracts | 29 |
| of indemnity or guaranty
and life or health or accident | 30 |
| insurance;
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| (2) Offers of prizes, award or compensation to the | 32 |
| actual
contestants in any bona fide contest for the | 33 |
| determination of skill,
speed, strength or endurance or to | 34 |
| the owners of animals or vehicles
entered in such contest . | 35 |
| For the purposes of this paragraph (2) "skill" means, in | 36 |
| any contest provided for players to obtain prizes, awards, |
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| or compensation, a player's experience, precision, | 2 |
| dexterity, or ability to use his or her knowledge that | 3 |
| enables him or her to obtain more frequent awards, prizes, | 4 |
| or compensation than does another less experienced, | 5 |
| precise, dexterous or knowledgeable player ;
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| (3) Pari-mutuel betting as authorized by the law of | 7 |
| this State;
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| (4) Manufacture of gambling devices, including the | 9 |
| acquisition of
essential parts therefor and the assembly | 10 |
| thereof, for transportation in
interstate or foreign | 11 |
| commerce to any place outside this State when such
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| transportation is not prohibited by any applicable Federal | 13 |
| law;
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| (5) The game commonly known as "bingo", when conducted | 15 |
| in accordance
with the Bingo License and Tax Act;
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| (6) Lotteries when conducted by the State of Illinois | 17 |
| in accordance
with the Illinois Lottery Law;
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| (7) Possession of an antique slot machine that is | 19 |
| neither used nor
intended to be used in the operation or | 20 |
| promotion of any unlawful
gambling activity or enterprise. | 21 |
| For the purpose of this subparagraph
(b)(7), an antique | 22 |
| slot machine is one manufactured 25 years ago or earlier;
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| (8) Raffles when conducted in accordance with the | 24 |
| Raffles Act;
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| (9) Charitable games when conducted in accordance with | 26 |
| the Charitable
Games Act;
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| (10) Pull tabs and jar games when conducted under the | 28 |
| Illinois Pull
Tabs and Jar Games Act; or
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| (11) Gambling games conducted on riverboats when
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| authorized by the Riverboat Gambling Act.
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| (c) Sentence.
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| Gambling under subsection (a)(1) or (a)(2) of this Section | 33 |
| is a
Class A misdemeanor. Gambling under any of subsections | 34 |
| (a)(3) through
(a)(11) of this Section is a Class A | 35 |
| misdemeanor. A second or
subsequent conviction under any of | 36 |
| subsections (a)(3) through (a)(11),
is a Class 4 felony. |
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| Gambling under subsection (a)(12) of this Section is a
Class A
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| misdemeanor. A second or subsequent conviction under | 3 |
| subsection (a)(12) is a
Class 4 felony.
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| (d) Circumstantial evidence.
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| In prosecutions under subsection (a)(1) through (a)(12) of
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| this
Section circumstantial evidence shall have the same | 7 |
| validity and weight as
in any criminal prosecution.
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| (Source: P.A. 91-257, eff. 1-1-00.)
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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 | 12 |
| machine or
other machines or device for the reception of money | 13 |
| or other thing of value
on chance or skill or upon the action | 14 |
| of which money or other thing of
value is staked, hazarded, | 15 |
| bet, won or lost; or any mechanism, furniture,
fixture, | 16 |
| equipment or other device designed primarily for use in a | 17 |
| gambling
place. A "gambling device" does not include:
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| (1) A coin-in-the-slot operated mechanical device | 19 |
| played for amusement
which rewards the player with the | 20 |
| right to replay such mechanical device,
which device is so | 21 |
| constructed or devised as to make such result of the
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| operation thereof depend in part upon the skill of the | 23 |
| player and which
returns to the player thereof no money, | 24 |
| property or right to receive money
or property.
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| (2) Vending machines by which full and adequate return | 26 |
| is made for the
money invested and in which there is no | 27 |
| element of chance or hazard.
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| (3) A crane game. For the purposes of this paragraph | 29 |
| (3), a "crane
game" is an amusement device involving skill, | 30 |
| if it rewards the player
exclusively with merchandise | 31 |
| contained within the amusement device proper
and limited to | 32 |
| toys, novelties and prizes other than currency, each having
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| a wholesale value which is not more than $100
7 times the | 34 |
| cost charged to play
the amusement device once or $5, | 35 |
| whichever is less .
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| (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 into, upon, or
against | 6 |
| a hole or other target, provided that all of the following
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| conditions are met:
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| (A) The outcome of the game is predominantly | 9 |
| determined by the
skill of the player.
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| (B) The award of the prize is based solely upon the | 11 |
| player's
achieving the object of the game or otherwise | 12 |
| upon the player's score.
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| (C) Only merchandise prizes are awarded.
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| (D) The average wholesale value of prizes awarded | 15 |
| in lieu of tickets
or tokens for single play of the | 16 |
| device does not exceed $100
the lesser of $5 or
7 times | 17 |
| the cost charged for a single play of the device .
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| (E) The redemption value of tickets, tokens, and | 19 |
| other representations
of value, which may be | 20 |
| accumulated by players to redeem prizes of greater
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| value, does not exceed the amount charged for a single | 22 |
| play of the device.
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| (a-5) "Internet" means an interactive computer service or | 24 |
| system or an
information service, system, or access software | 25 |
| provider that provides or
enables computer access by multiple | 26 |
| users to a computer server, and includes,
but is not limited | 27 |
| to, an information service, system, or access software
provider | 28 |
| that provides access to a network system commonly known as the
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| Internet, or any comparable system or service and also | 30 |
| includes, but is not
limited to, a World Wide Web page, | 31 |
| newsgroup, message board, mailing list, or
chat area on any | 32 |
| interactive computer service or system or other online
service.
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| (a-6) "Access" and "computer" have the meanings ascribed to | 34 |
| them in
Section
16D-2 of this Code.
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| (b) A "lottery" is any scheme or procedure whereby one or | 36 |
| more prizes
are distributed by chance among persons who have |
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| paid or promised
consideration for a chance to win such prizes, | 2 |
| whether such scheme or
procedure is called a lottery, raffle, | 3 |
| gift, sale or some other name.
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| (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
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| purchaser or holder to receive money, property or evidence of | 10 |
| debt.
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| (Source: P.A. 91-257, eff. 1-1-00.)
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| Section 99. Effective date. This Act takes effect upon | 13 |
| becoming law.
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