Full Text of SB0198 94th General Assembly
SB0198sam001 94TH GENERAL ASSEMBLY
|
Sen. John J. Cullerton
Filed: 4/11/2005
|
|
09400SB0198sam001 |
|
LRB094 07766 AMC 44840 a |
|
| 1 |
| AMENDMENT TO SENATE BILL 198
| 2 |
| AMENDMENT NO. ______. Amend Senate Bill 198 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 5. The Illinois Lottery Law is amended by adding | 5 |
| Sections 7.12, 7.13, 7.14, 7.15, and 7.16 as follows: | 6 |
| (20 ILCS 1605/7.12 new) | 7 |
| Sec. 7.12. Internet pilot program. The Department shall | 8 |
| create a pilot program that allows the purchase of lottery | 9 |
| tickets or shares on the Internet and that licenses agents to | 10 |
| sell lottery tickets or shares over the Internet. The | 11 |
| Department shall adopt rules necessary for the administration | 12 |
| of this program. The provisions of this Act and the rules | 13 |
| adopted under this Act shall apply to the sale of lottery | 14 |
| tickets or shares and to the licensure of Internet agents under | 15 |
| this program. | 16 |
| (20 ILCS 1605/7.13 new)
| 17 |
| Sec. 7.13. Licensing of Internet agents; fees. The | 18 |
| Department shall issue a license as an agent to sell lottery | 19 |
| tickets or shares through the Internet if the applicant meets | 20 |
| all of the qualifications specified in this Act and the rules | 21 |
| adopted under this Act, except those related to the | 22 |
| accessibility of his or her place of business or activity to | 23 |
| the pubic and the ancillary nature of his or her business as a |
|
|
|
09400SB0198sam001 |
- 2 - |
LRB094 07766 AMC 44840 a |
|
| 1 |
| lottery sales agent, provided that the applicant owns and | 2 |
| demonstrates that he or she can operate a secure and effective | 3 |
| Internet-based system for selling lottery tickets or shares. | 4 |
| Each application for a new Internet agent license must be | 5 |
| accompanied by a one-time application fee as established by | 6 |
| rule and not to exceed $25,000, and each application for | 7 |
| renewal of an Internet agent license must be accompanied by a | 8 |
| renewal fee as established by rule and not to exceed $12,500. | 9 |
| In addition to the application fee, the Department may retain | 10 |
| outside experts to evaluate the security and effectiveness of | 11 |
| each applicant's Internet-based system and may charge | 12 |
| applicants a uniform fee to recover the costs of those | 13 |
| evaluations. Each Internet agent licensee granted on-line | 14 |
| status pursuant to the Department's rules must pay a fee of | 15 |
| $500 per month as partial reimbursement for telecommunications | 16 |
| charges incurred by the Department in providing access to the | 17 |
| Department's Internet lottery system. | 18 |
| (20 ILCS 1605/7.14 new)
| 19 |
| Sec. 7.14. Posting of Internet agent license numbers and | 20 |
| notices. Each agent licensed to sell lottery tickets or shares | 21 |
| through the Internet shall prominently display his or her | 22 |
| license number on his or her Internet site or sites, as well as | 23 |
| on any portal to his or her Internet site or sites, and shall | 24 |
| appropriately display any notices or statements that are | 25 |
| required by this Act or the rules adopted under this Act to | 26 |
| appear on the back of lottery tickets or to be posted or made | 27 |
| available at a licensed non-Internet agent's place of business. | 28 |
| (20 ILCS 1605/7.15 new)
| 29 |
| Sec. 7.15. Verification of age for Internet program; | 30 |
| security for on-line lottery accounts. The Department shall, by | 31 |
| rule, establish a procedure to verify that a person is 18 years | 32 |
| of age or older before he or she may establish an on-line |
|
|
|
09400SB0198sam001 |
- 3 - |
LRB094 07766 AMC 44840 a |
|
| 1 |
| lottery account and purchase lottery tickets or shares through | 2 |
| the Internet program. By rule, the Department shall establish | 3 |
| funding procedures for on-line lottery accounts and shall | 4 |
| provide a mechanism for each on-line lottery account to have a | 5 |
| personal identification number to prevent the unauthorized use | 6 |
| of on-line lottery accounts. | 7 |
| (20 ILCS 1605/7.16 new)
| 8 |
| Sec. 7.16. Residency restrictions; limits on monthly | 9 |
| Internet purchases; Internet program games. The Department | 10 |
| may, by rule, limit the persons authorized to purchase lottery | 11 |
| tickets on-line to Illinois residents and may, by rule, set a | 12 |
| limitation on the monthly purchases that may be made through | 13 |
| any individual lottery account. All Lotto and Mega Million | 14 |
| games offered by the Illinois Lottery shall be offered to | 15 |
| on-line players, but the Department is authorized to determine | 16 |
| which additional lottery games may be offered through the | 17 |
| Internet program. | 18 |
| Section 10. The Criminal Code of 1961 is amended by | 19 |
| changing Section 28-1 as follows:
| 20 |
| (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
| 21 |
| Sec. 28-1. Gambling.
| 22 |
| (a) A person commits gambling when he:
| 23 |
| (1) Plays a game of chance or skill for money or other | 24 |
| thing of
value, unless excepted in subsection (b) of this | 25 |
| Section; or
| 26 |
| (2) Makes a wager upon the result of any game, contest, | 27 |
| or any
political nomination, appointment or election; or
| 28 |
| (3) Operates, keeps, owns, uses, purchases, exhibits, | 29 |
| rents, sells,
bargains for the sale or lease of, | 30 |
| manufactures or distributes any
gambling device; or
| 31 |
| (4) Contracts to have or give himself or another the |
|
|
|
09400SB0198sam001 |
- 4 - |
LRB094 07766 AMC 44840 a |
|
| 1 |
| option to buy
or sell, or contracts to buy or sell, at a | 2 |
| future time, any grain or
other commodity whatsoever, or | 3 |
| any stock or security of any company,
where it is at the | 4 |
| time of making such contract intended by both parties
| 5 |
| thereto that the contract to buy or sell, or the option, | 6 |
| whenever
exercised, or the contract resulting therefrom, | 7 |
| shall be settled, not by
the receipt or delivery of such | 8 |
| property, but by the payment only of
differences in prices | 9 |
| thereof; however, the issuance, purchase, sale,
exercise, | 10 |
| endorsement or guarantee, by or through a person registered
| 11 |
| with the Secretary of State pursuant to Section 8 of the | 12 |
| Illinois
Securities Law of 1953, or by or through a person | 13 |
| exempt from such
registration under said Section 8, of a | 14 |
| put, call, or other option to
buy or sell securities which | 15 |
| have been registered with the Secretary of
State or which | 16 |
| are exempt from such registration under Section 3 of the
| 17 |
| Illinois Securities Law of 1953 is not gambling within the | 18 |
| meaning of
this paragraph (4); or
| 19 |
| (5) Knowingly owns or possesses any book, instrument or | 20 |
| apparatus by
means of which bets or wagers have been, or | 21 |
| are, recorded or registered,
or knowingly possesses any | 22 |
| money which he has received in the course of
a bet or | 23 |
| wager; or
| 24 |
| (6) Sells pools upon the result of any game or contest | 25 |
| of skill or
chance, political nomination, appointment or | 26 |
| election; or
| 27 |
| (7) Sets up or promotes any lottery or sells, offers to | 28 |
| sell or
transfers any ticket or share for any lottery; or
| 29 |
| (8) Sets up or promotes any policy game or sells, | 30 |
| offers to sell or
knowingly possesses or transfers any | 31 |
| policy ticket, slip, record,
document or other similar | 32 |
| device; or
| 33 |
| (9) Knowingly drafts, prints or publishes any lottery | 34 |
| ticket or share,
or any policy ticket, slip, record, |
|
|
|
09400SB0198sam001 |
- 5 - |
LRB094 07766 AMC 44840 a |
|
| 1 |
| document or similar device, except for
such activity | 2 |
| related to lotteries, bingo games and raffles authorized by
| 3 |
| and conducted in accordance with the laws of Illinois or | 4 |
| any other state or
foreign government; or
| 5 |
| (10) Knowingly advertises any lottery or policy game, | 6 |
| except for such
activity related to lotteries, bingo games | 7 |
| and raffles authorized by and
conducted in accordance with | 8 |
| the laws of Illinois or any other state; or
| 9 |
| (11) Knowingly transmits information as to wagers, | 10 |
| betting odds, or
changes in betting odds by telephone, | 11 |
| telegraph, radio, semaphore or
similar means; or knowingly | 12 |
| installs or maintains equipment for the
transmission or | 13 |
| receipt of such information; except that nothing in this
| 14 |
| subdivision (11) prohibits transmission or receipt of such | 15 |
| information
for use in news reporting of sporting events or | 16 |
| contests; or
| 17 |
| (12) Knowingly establishes, maintains, or operates an | 18 |
| Internet site that
permits a person to play a game of
| 19 |
| chance or skill for money or other thing of value by means | 20 |
| of the Internet or
to make a wager upon the
result of any | 21 |
| game, contest, political nomination, appointment, or
| 22 |
| election by means of the Internet.
| 23 |
| (b) Participants in any of the following activities shall | 24 |
| not be
convicted of gambling therefor:
| 25 |
| (1) Agreements to compensate for loss caused by the | 26 |
| happening of
chance including without limitation contracts | 27 |
| of indemnity or guaranty
and life or health or accident | 28 |
| insurance . ;
| 29 |
| (2) Offers of prizes, award or compensation to the | 30 |
| actual
contestants in any bona fide contest for the | 31 |
| determination of skill,
speed, strength or endurance or to | 32 |
| the owners of animals or vehicles
entered in such contest . ;
| 33 |
| (3) Pari-mutuel betting as authorized by the law of | 34 |
| this State . ;
|
|
|
|
09400SB0198sam001 |
- 6 - |
LRB094 07766 AMC 44840 a |
|
| 1 |
| (4) Manufacture of gambling devices, including the | 2 |
| acquisition of
essential parts therefor and the assembly | 3 |
| thereof, for transportation in
interstate or foreign | 4 |
| commerce to any place outside this State when such
| 5 |
| transportation is not prohibited by any applicable Federal | 6 |
| law . ;
| 7 |
| (5) The game commonly known as "bingo", when conducted | 8 |
| in accordance
with the Bingo License and Tax Act . ;
| 9 |
| (6) Lotteries when conducted by the State of Illinois | 10 |
| in accordance
with the Illinois Lottery Law . This exemption | 11 |
| includes any activity conducted by the Department of | 12 |
| Revenue to sell lottery tickets pursuant to the provisions | 13 |
| of the Illinois Lottery Law and its rules. ;
| 14 |
| (6.1) The purchase of lottery tickets through the | 15 |
| Internet for a lottery conducted by the State of Illinois | 16 |
| under the program established in Section 7.12 of the | 17 |
| Illinois Lottery Law.
| 18 |
| (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 . ;
| 23 |
| (8) Raffles when conducted in accordance with the | 24 |
| Raffles Act . ;
| 25 |
| (9) Charitable games when conducted in accordance with | 26 |
| the Charitable
Games Act . ;
| 27 |
| (10) Pull tabs and jar games when conducted under the | 28 |
| Illinois Pull
Tabs and Jar Games Act . ; or
| 29 |
| (11) Gambling games conducted on riverboats when
| 30 |
| authorized by the Riverboat Gambling Act.
| 31 |
| (c) Sentence.
| 32 |
| 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 |
|
|
|
09400SB0198sam001 |
- 7 - |
LRB094 07766 AMC 44840 a |
|
| 1 |
| misdemeanor. A second or
subsequent conviction under any of | 2 |
| subsections (a)(3) through (a)(11),
is a Class 4 felony. | 3 |
| Gambling under subsection (a)(12) of this Section is a
Class A
| 4 |
| misdemeanor. A second or subsequent conviction under | 5 |
| subsection (a)(12) is a
Class 4 felony.
| 6 |
| (d) Circumstantial evidence.
| 7 |
| In prosecutions under subsection (a)(1) through (a)(12) of
| 8 |
| this
Section circumstantial evidence shall have the same | 9 |
| validity and weight as
in any criminal prosecution.
| 10 |
| (Source: P.A. 91-257, eff. 1-1-00.)
| 11 |
| Section 99. Effective date. This Act takes effect upon | 12 |
| becoming law.".
|
|