Full Text of SB2099 95th General Assembly
SB2099sam002 95TH GENERAL ASSEMBLY
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Sen. John J. Cullerton
Filed: 4/3/2008
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| AMENDMENT TO SENATE BILL 2099
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| AMENDMENT NO. ______. Amend Senate Bill 2099, AS AMENDED, | 3 |
| by replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Illinois Lottery Law is amended by adding | 6 |
| Sections 7.12, 7.15, and 7.16 as follows: | 7 |
| (20 ILCS 1605/7.12 new) | 8 |
| Sec. 7.12. Internet pilot program. The Department shall | 9 |
| create a pilot program that allows the purchase of lottery | 10 |
| tickets or shares on the Internet. The Department shall adopt | 11 |
| rules necessary for the administration of this program. The | 12 |
| provisions of this Act and the rules adopted under this Act | 13 |
| shall apply to the sale of lottery tickets or shares under this | 14 |
| program. | 15 |
| Before beginning the pilot program, the Department of | 16 |
| Revenue must seek a clarifying memo from the federal Department |
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| of Justice that it is legal for Illinois residents to purchase | 2 |
| the private company to sell lottery tickets on the Internet on | 3 |
| behalf of the State of Illinois under the federal Unlawful | 4 |
| Internet Gambling Enforcement Act of 2006. | 5 |
| The pilot program must be conducted pursuant to a contract | 6 |
| with a private vendor that has the expertise, technical | 7 |
| capability, and knowledge of the Illinois lottery marketplace | 8 |
| to conduct the program. The contract to fulfill the program | 9 |
| requirements must be separate from existing lottery contracts. | 10 |
| The Department of the Lottery must ensure cooperation from | 11 |
| existing vendors for the program. | 12 |
| The pilot program shall last for not less than 36 months, | 13 |
| but not more than 48 months. | 14 |
| Results from the pilot program in terms of sales and | 15 |
| profits, as well as biannual reports as to market penetration | 16 |
| and controls, shall be used in any calculation of the lottery's | 17 |
| potential worth in the case of a lease or sale of the right to | 18 |
| operate the lottery. | 19 |
| (20 ILCS 1605/7.15 new)
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| Sec. 7.15. Verification of age for Internet program; | 21 |
| security for on-line lottery accounts. The Department shall, by | 22 |
| rule, establish a procedure to verify that a person is 18 years | 23 |
| of age or older before he or she may establish an on-line | 24 |
| lottery account and purchase lottery tickets or shares through | 25 |
| the Internet program. By rule, the Department shall establish |
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| funding procedures for on-line lottery accounts and shall | 2 |
| provide a mechanism for each on-line lottery account to have a | 3 |
| personal identification number to prevent the unauthorized use | 4 |
| of on-line lottery accounts. | 5 |
| The Department shall award contracts for the development | 6 |
| and provision of technology and controls to ensure compliance | 7 |
| with the age requirements for the purchase of lottery tickets | 8 |
| on the Internet pursuant to competitive bidding processes. | 9 |
| (20 ILCS 1605/7.16 new)
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| Sec. 7.16. Residency restrictions; limits on monthly | 11 |
| Internet purchases; Internet program games. The Department | 12 |
| may, by rule, limit the persons authorized to purchase lottery | 13 |
| tickets on-line to Illinois residents and may, by rule, set a | 14 |
| limitation on the monthly purchases that may be made through | 15 |
| any individual lottery account. All Lotto and Mega Million | 16 |
| games offered by the Illinois Lottery shall be offered to | 17 |
| on-line players, but the Department is authorized to determine | 18 |
| which additional lottery games may be offered through the | 19 |
| Internet program. | 20 |
| The Department shall award contracts for the development | 21 |
| and provision of technology and controls to ensure compliance | 22 |
| with the residency requirements for the purchase of lottery | 23 |
| tickets on the Internet pursuant to competitive bidding | 24 |
| processes. |
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| Section 10. The Criminal Code of 1961 is amended by | 2 |
| changing Section 28-1 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 | 7 |
| thing of
value, unless excepted in subsection (b) of this | 8 |
| Section; or
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| (2) Makes a wager upon the result of any game, contest, | 10 |
| or any
political nomination, appointment or election; or
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| (3) Operates, keeps, owns, uses, purchases, exhibits, | 12 |
| rents, sells,
bargains for the sale or lease of, | 13 |
| manufactures or distributes any
gambling device; or
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| (4) Contracts to have or give himself or another the | 15 |
| option to buy
or sell, or contracts to buy or sell, at a | 16 |
| future time, any grain or
other commodity whatsoever, or | 17 |
| any stock or security of any company,
where it is at the | 18 |
| time of making such contract intended by both parties
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| thereto that the contract to buy or sell, or the option, | 20 |
| whenever
exercised, or the contract resulting therefrom, | 21 |
| shall be settled, not by
the receipt or delivery of such | 22 |
| property, but by the payment only of
differences in prices | 23 |
| thereof; however, the issuance, purchase, sale,
exercise, | 24 |
| endorsement or guarantee, by or through a person registered
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| with the Secretary of State pursuant to Section 8 of the |
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| Illinois
Securities Law of 1953, or by or through a person | 2 |
| exempt from such
registration under said Section 8, of a | 3 |
| put, call, or other option to
buy or sell securities which | 4 |
| have been registered with the Secretary of
State or which | 5 |
| are exempt from such registration under Section 3 of the
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| Illinois Securities Law of 1953 is not gambling within the | 7 |
| meaning of
this paragraph (4); or
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| (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; or
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| (6) Sells pools upon the result of any game or contest | 14 |
| of skill or
chance, political nomination, appointment or | 15 |
| election; or
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| (7) Sets up or promotes any lottery or sells, offers to | 17 |
| 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, | 19 |
| offers to sell or
knowingly possesses or transfers any | 20 |
| policy ticket, slip, record,
document or other similar | 21 |
| device; or
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| (9) Knowingly drafts, prints or publishes any lottery | 23 |
| ticket or share,
or any policy ticket, slip, record, | 24 |
| document or similar device, except for
such activity | 25 |
| related to lotteries, bingo games and raffles authorized by
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| and conducted in accordance with the laws of Illinois or |
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| any other state or
foreign government; or
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| (10) Knowingly advertises any lottery or policy game, | 3 |
| except for such
activity related to lotteries, bingo games | 4 |
| and raffles authorized by and
conducted in accordance with | 5 |
| the laws of Illinois or any other state; or
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| (11) Knowingly transmits information as to wagers, | 7 |
| betting odds, or
changes in betting odds by telephone, | 8 |
| telegraph, radio, semaphore or
similar means; or knowingly | 9 |
| installs or maintains equipment for the
transmission or | 10 |
| receipt of such information; except that nothing in this
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| subdivision (11) prohibits transmission or receipt of such | 12 |
| information
for use in news reporting of sporting events or | 13 |
| contests; or
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| (12) Knowingly establishes, maintains, or operates an | 15 |
| 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 | 17 |
| of the Internet or
to make a wager upon the
result of any | 18 |
| 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 | 21 |
| not be
convicted of gambling therefor:
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| (1) Agreements to compensate for loss caused by the | 23 |
| happening of
chance including without limitation contracts | 24 |
| of indemnity or guaranty
and life or health or accident | 25 |
| insurance . ;
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| (2) Offers of prizes, award or compensation to the |
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| actual
contestants in any bona fide contest for the | 2 |
| determination of skill,
speed, strength or endurance or to | 3 |
| the owners of animals or vehicles
entered in such contest . ;
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| (3) Pari-mutuel betting as authorized by the law of | 5 |
| this State . ;
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| (4) Manufacture of gambling devices, including the | 7 |
| acquisition of
essential parts therefor and the assembly | 8 |
| thereof, for transportation in
interstate or foreign | 9 |
| commerce to any place outside this State when such
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| transportation is not prohibited by any applicable Federal | 11 |
| law . ;
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| (5) The game commonly known as "bingo", when conducted | 13 |
| in accordance
with the Bingo License and Tax Act . ;
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| (6) Lotteries when conducted by the State of Illinois | 15 |
| in accordance
with the Illinois Lottery Law . This exemption | 16 |
| includes any activity conducted by the Department of | 17 |
| Revenue to sell lottery tickets pursuant to the provisions | 18 |
| of the Illinois Lottery Law and its rules. ;
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| (6.1) The purchase of lottery tickets through the | 20 |
| Internet for a lottery conducted by the State of Illinois | 21 |
| under the program established in Section 7.12 of the | 22 |
| Illinois Lottery Law.
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| (7) Possession of an antique slot machine that is | 24 |
| neither used nor
intended to be used in the operation or | 25 |
| promotion of any unlawful
gambling activity or enterprise. | 26 |
| For the purpose of this subparagraph
(b)(7), an antique |
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| slot machine is one manufactured 25 years ago or earlier . ;
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| (8) Raffles when conducted in accordance with the | 3 |
| Raffles Act . ;
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| (9) Charitable games when conducted in accordance with | 5 |
| the Charitable
Games Act . ;
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| (10) Pull tabs and jar games when conducted under the | 7 |
| 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 | 12 |
| is a
Class A misdemeanor. Gambling under any of subsections | 13 |
| (a)(3) through
(a)(11) of this Section is a Class A | 14 |
| misdemeanor. A second or
subsequent conviction under any of | 15 |
| subsections (a)(3) through (a)(11),
is a Class 4 felony. | 16 |
| Gambling under subsection (a)(12) of this Section is a
Class A
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| misdemeanor. A second or subsequent conviction under | 18 |
| 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 | 22 |
| 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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| Section 99. Effective date. This Act takes effect upon | 25 |
| becoming law.".
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