Full Text of SB1297 97th General Assembly
SB1297sam001 97TH GENERAL ASSEMBLY | Sen. Antonio Muñoz Filed: 3/3/2011
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| 1 | | AMENDMENT TO SENATE BILL 1297
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1297 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Bingo License and Tax Act is amended by | 5 | | changing Sections 1.1 and 2 and by adding Section 2.5 as | 6 | | follows: | 7 | | (230 ILCS 25/1.1) | 8 | | Sec. 1.1. Definitions. For purposes of this Act, the | 9 | | following definitions apply: | 10 | | "Bingo" means a game in which each player has a card or | 11 | | board for which a consideration has been paid, containing 5 | 12 | | horizontal rows of spaces, with each row except the central one | 13 | | containing 5 figures. The central row has 4 figures with the | 14 | | word "free" marked in the center space. "Bingo" includes games | 15 | | that otherwise qualify under this paragraph, except for the use | 16 | | of cards where the figures are not preprinted but are filled in |
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| 1 | | by the players. A player wins a game of bingo by completing a | 2 | | preannounced combination of spaces or, in the absence of a | 3 | | preannouncement of a combination of spaces, any combination of | 4 | | 5 spaces in a row, vertically, horizontally, or diagonally. | 5 | | "Bingo equipment" means any equipment or machinery | 6 | | designed or used for the play of bingo. "Bingo equipment" does | 7 | | not include electronic equipment. | 8 | | "Charitable organization" means an organization or | 9 | | institution organized and operated to benefit an indefinite | 10 | | number of the public. | 11 | | "Department" means the Department of Revenue. | 12 | | "Educational organization" means an organization or | 13 | | institution organized and operated to provide systematic | 14 | | instruction in useful branches of learning by methods common to | 15 | | schools and institutions of learning which compare favorably in | 16 | | their scope and intensity with the course of study presented in | 17 | | tax-supported schools. | 18 | | "Fraternal organization" means an organization of persons | 19 | | having a common interest that is organized and operated | 20 | | exclusively to promote the welfare of its members and to | 21 | | benefit the general public on a continuing and consistent | 22 | | basis, including but not limited to ethnic organizations. | 23 | | "Holiday" means any of the holidays listed in Section 17 of | 24 | | the Promissory Note and Bank Holiday Act. | 25 | | "Labor organization" means an organization composed of | 26 | | labor unions or workers organized with the objectives of |
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| 1 | | betterment of the conditions of those engaged in such pursuit | 2 | | and the development of a higher degree of efficiency in their | 3 | | respective occupations. | 4 | | "Licensed organization" means a qualified organization | 5 | | that has obtained a license to conduct bingo in conformance | 6 | | with the provisions of this Act. | 7 | | "Limited license" means a license issued to an organization | 8 | | that is not a licensed organization, but that is otherwise | 9 | | eligible for a regular license to conduct bingo. A limited | 10 | | license authorizes the conduct of bingo at up to 2 indoor or | 11 | | outdoor festivals during the calendar year for which the | 12 | | license is issued for a maximum of 5 consecutive days on each | 13 | | occasion. | 14 | | "Non-profit organization" means an organization or | 15 | | institution organized and conducted on a not-for-profit basis | 16 | | with no personal profit inuring to anyone as a result of the | 17 | | operation. | 18 | | "Organization" means a corporation, agency, partnership, | 19 | | association, firm, business or other entity consisting of 2 or | 20 | | more persons joined by a common interest or purpose. | 21 | | "Person" means any natural individual, corporation, | 22 | | partnership, limited liability company, organization (as | 23 | | defined in this Section), licensee under this Act, or | 24 | | volunteer. | 25 | | "Provider" means any person or organization, except a city, | 26 | | village, or incorporated town that owns or leases premises to |
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| 1 | | an organization for the conduct of bingo. | 2 | | "Regular license" means a license authorizing its holder to | 3 | | conduct one session of bingo per week on the date and at the | 4 | | time and location stated on the license. | 5 | | "Religious organization" means any church, congregation, | 6 | | society, or organization founded for the purpose of religious | 7 | | worship. | 8 | | "Remote caller bingo game" means a game of bingo in which | 9 | | (1) the numbers or symbols on randomly-drawn plastic balls are
| 10 | | announced by a natural person present at the site where the | 11 | | live
game is conducted and (2) the organization conducting the | 12 | | game of bingo
uses audio and video technology to link any of | 13 | | its in-state
facilities for the purpose of transmitting the | 14 | | remote calling of a
live bingo game from a single location to | 15 | | multiple locations owned,
leased, or rented by that | 16 | | organization. | 17 | | "Senior citizens organization" means an organization or | 18 | | association comprised of members of which substantially all are | 19 | | individuals who are senior citizens, as defined in the Illinois | 20 | | Act on the Aging, the primary purpose of which is to promote | 21 | | the welfare of its members. | 22 | | "Special games" means bingo games that may be designated as | 23 | | such, played a maximum of 5 times during a bingo session and | 24 | | are distinguished from regular games only by the maximum price | 25 | | that may be charged for the bingo cards used. | 26 | | "Special permit" means the ability of a licensee who |
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| 1 | | currently holds a license to be granted a permit to conduct | 2 | | bingo at other premises or on other days not exceeding 5 | 3 | | consecutive days. | 4 | | "Supplier" means any person, firm, or corporation that | 5 | | sells, leases, or distributes to any organization licensed to | 6 | | conduct bingo or to any licensed bingo supplier, cards, boards, | 7 | | sheets, markers, pads and any other supplies, devices and | 8 | | equipment designed for use in the play of bingo. | 9 | | "Veterans' organization" means an organization comprised | 10 | | of members of which substantially all are individuals who are | 11 | | veterans or spouses, widows, or widowers of veterans, the | 12 | | primary purpose of which is to promote the welfare of its | 13 | | members and to provide assistance to the general public in such | 14 | | a way as to confer a public benefit. | 15 | | "Volunteer" means a person recruited by an organization who | 16 | | voluntarily performs services at a bingo event, including | 17 | | participation in the management or operation of a game. | 18 | | "Youth athletic organization" means an organization having | 19 | | as its exclusive purpose the promotion and provision of | 20 | | athletic 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 | 24 | | restrictions:
| 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) (Blank). The aggregate retail value of all prizes | 19 | | or 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 is
limited to 2 one per week, except as | 21 | | follows:
| 22 | | (i) Bingo may be conducted in accordance with the terms | 23 | | 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 Fair
| 26 | | or any county fair held in Illinois under subdivision |
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| 1 | | (6) of Section 1.3.
| 2 | | (iii) A licensee which cancels a day of bingo because | 3 | | of inclement
weather or because the day is a holiday or | 4 | | the eve of a holiday may, after
giving notice to the | 5 | | Department, conduct bingo on an additional date which
| 6 | | falls on a day of the week other than the day | 7 | | 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 | 23 | | bingo game without a remote caller bingo license. The remote | 24 | | caller bingo game license must list all of the locations | 25 | | approved by the Department to conduct remote caller bingo games |
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| 1 | | under that license. The Department shall issue qualifications | 2 | | for a remote caller bingo license and set forth an application | 3 | | process. | 4 | | (b) The conducting of a remote caller bingo game is subject | 5 | | to 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 organizations | 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. ".
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