Full Text of HB0311 98th General Assembly
HB0311ham001 98TH GENERAL ASSEMBLY | Rep. Michael J. Zalewski Filed: 3/19/2013
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| 1 | | AMENDMENT TO HOUSE BILL 311
| 2 | | AMENDMENT NO. ______. Amend House Bill 311 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Lottery Law is amended by changing | 5 | | Section 3 and by adding Section 21.9 as follows: | 6 | | (20 ILCS 1605/3) (from Ch. 120, par. 1153) | 7 | | Sec. 3. For the purposes of this Act: | 8 | | a. "Lottery" or "State Lottery" means the lottery or | 9 | | lotteries
established and operated pursuant to this Act. | 10 | | b. "Board" means the Lottery Control Board created by this | 11 | | Act. | 12 | | c. "Department" means the Department of the Lottery. | 13 | | d. (Blank). | 14 | | e. "Chairman" means the Chairman of the Lottery Control | 15 | | Board. | 16 | | f. "Multi-state game directors" means such persons, |
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| 1 | | including the
Superintendent, as may be designated by an
| 2 | | agreement between the Department and one or more additional
| 3 | | lotteries operated under the laws of another state or states. | 4 | | g. (Blank).
| 5 | | h. "Superintendent" means the Superintendent of the | 6 | | Department of the Lottery.
| 7 | | i. "Management agreement" means an agreement or contract | 8 | | between the Department on behalf of the State with a private | 9 | | manager, as an independent contractor, whereby the private | 10 | | manager provides management services to the Lottery in exchange | 11 | | for compensation that may consist of, among other things, a fee | 12 | | for services and a performance-based bonus of no more than 5% | 13 | | of Lottery profits so long as the Department continues to | 14 | | exercise actual control over all significant business | 15 | | decisions made by the private manager as set forth in Section | 16 | | 9.1. | 17 | | j. "Person" means any individual, firm, association, joint | 18 | | venture, partnership, estate, trust, syndicate, fiduciary, | 19 | | corporation, or other legal entity, group, or combination. | 20 | | k. "Private manager" means a person that provides | 21 | | management services to the Lottery on behalf of the Department | 22 | | under a management agreement. | 23 | | l. "Profits" means total revenues accruing from the sale of | 24 | | lottery tickets or shares and related proceeds minus (1) the | 25 | | payment of prizes and retailer bonuses and (2) the payment of | 26 | | costs incurred in the operation and administration of the |
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| 1 | | lottery, excluding costs of services directly rendered by a | 2 | | private manager. | 3 | | m. "Chief Procurement Officer" means the Chief Procurement | 4 | | Officer provided for under paragraph (4) of subsection (a) of | 5 | | Section 10-20 of the Illinois Procurement Code. | 6 | | n. "Raffle" means a game of chance in which a limited | 7 | | number of tickets are sold in numeric order, each having a | 8 | | chance of winning a prize, and the winner or winners are | 9 | | determined after the conclusion of ticket sales by a | 10 | | computerized random number generator at a time to be referred | 11 | | to as the raffle drawing date. | 12 | | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-840, | 13 | | eff. 12-23-09; 97-464, eff. 8-19-11.) | 14 | | (20 ILCS 1605/21.9 new) | 15 | | Sec. 21.9. Special raffles to benefit Illinois Lottery | 16 | | scratch-off game beneficiary funds. | 17 | | (a) The Department may, from time to time, but on no more | 18 | | than 4 occasions per year, create special raffles to benefit | 19 | | the various scratch-off game funds identified in Sections 21.5 | 20 | | through 21.8 of this Act and any other scratch-off game funds | 21 | | that may be created from time to time. Each special raffle and | 22 | | the fund to benefit from the raffle shall be publicly announced | 23 | | by the Department at least one month in advance of the raffle | 24 | | drawing date. The Director may determine the raffle drawing | 25 | | date, the fund to benefit from the raffle, the number and price |
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| 1 | | of tickets to be sold, and the prize or prizes to be offered. | 2 | | (b) Proceeds from the special raffle shall be deposited | 3 | | into the designated beneficiary fund for appropriation by the | 4 | | General Assembly for the same purposes and in accordance with | 5 | | the same requirements as outlined in the provisions of this Act | 6 | | creating the fund. | 7 | | (c) The Department may sell special raffle tickets by any | 8 | | method authorized for the sale of other Lottery tickets. | 9 | | (d) This Section shall not limit or impair the Department's | 10 | | ability to create raffles unrelated to the scratch-off game | 11 | | funds. | 12 | | (e) The Department may adopt any rules necessary to | 13 | | implement and administer the provisions of this Section. | 14 | | Section 10. The Raffles Act is amended by changing Section | 15 | | 1 as follows:
| 16 | | (230 ILCS 15/1) (from Ch. 85, par. 2301)
| 17 | | Sec. 1.
Definitions.) For the purposes of this Act the | 18 | | terms defined
in this Section have the meanings given them.
| 19 | | "Net Proceeds" means the gross receipts from the conduct of | 20 | | raffles, less
reasonable sums expended for prizes, local | 21 | | license fees and other reasonable
operating expenses incurred | 22 | | as a result of operating a raffle.
| 23 | | "Raffle" means a form of lottery, as defined in Section | 24 | | 28-2(b) of the
Criminal Code of 2012, conducted by an |
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| 1 | | organization licensed under this Act, in which:
| 2 | | (1) the player pays or agrees to pay something of value | 3 | | for a chance,
represented and differentiated by a number or | 4 | | by a combination of numbers
or by some other medium, one or | 5 | | more of which chances is to be designated
the winning | 6 | | chance;
| 7 | | (2) the winning chance is to be determined through a | 8 | | drawing or by some
other method based on an element of | 9 | | chance by an act or set of acts on the
part of persons | 10 | | conducting or connected with the lottery, except that the
| 11 | | winning chance shall not be determined by the outcome of a | 12 | | publicly exhibited
sporting contest.
| 13 | | "Raffle" does not include a special raffle conducted by the | 14 | | Department of the Lottery under Section 21.9 of the Illinois | 15 | | Lottery Law. | 16 | | (Source: P.A. 97-1150, eff. 1-25-13.)
| 17 | | Section 15. The Criminal Code of 2012 is amended by | 18 | | changing Section 28-1 as follows:
| 19 | | (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
| 20 | | Sec. 28-1. Gambling.
| 21 | | (a) A person commits gambling when he or she:
| 22 | | (1) knowingly plays a game of chance or skill for money | 23 | | or other thing of
value, unless excepted in subsection (b) | 24 | | of this Section;
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| 1 | | (2) knowingly makes a wager upon the result of any | 2 | | game, contest, or any
political nomination, appointment or | 3 | | election;
| 4 | | (3) knowingly operates, keeps, owns, uses, purchases, | 5 | | exhibits, rents, sells,
bargains for the sale or lease of, | 6 | | manufactures or distributes any
gambling device;
| 7 | | (4) contracts to have or give himself or herself or | 8 | | another the option to buy
or sell, or contracts to buy or | 9 | | sell, at a future time, any grain or
other commodity | 10 | | whatsoever, or any stock or security of any company,
where | 11 | | it is at the time of making such contract intended by both | 12 | | parties
thereto that the contract to buy or sell, or the | 13 | | option, whenever
exercised, or the contract resulting | 14 | | therefrom, shall be settled, not by
the receipt or delivery | 15 | | of such property, but by the payment only of
differences in | 16 | | prices thereof; however, the issuance, purchase, sale,
| 17 | | exercise, endorsement or guarantee, by or through a person | 18 | | registered
with the Secretary of State pursuant to Section | 19 | | 8 of the Illinois
Securities Law of 1953, or by or through | 20 | | a person exempt from such
registration under said Section | 21 | | 8, of a put, call, or other option to
buy or sell | 22 | | securities which have been registered with the Secretary of
| 23 | | State or which are exempt from such registration under | 24 | | Section 3 of the
Illinois Securities Law of 1953 is not | 25 | | gambling within the meaning of
this paragraph (4);
| 26 | | (5) knowingly owns or possesses any book, instrument or |
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| 1 | | apparatus by
means of which bets or wagers have been, or | 2 | | are, recorded or registered,
or knowingly possesses any | 3 | | money which he has received in the course of
a bet or | 4 | | wager;
| 5 | | (6) knowingly sells pools upon the result of any game | 6 | | or contest of skill or
chance, political nomination, | 7 | | appointment or election;
| 8 | | (7) knowingly sets up or promotes any lottery or sells, | 9 | | offers to sell or
transfers any ticket or share for any | 10 | | lottery;
| 11 | | (8) knowingly sets up or promotes any policy game or | 12 | | sells, offers to sell or
knowingly possesses or transfers | 13 | | any policy ticket, slip, record,
document or other similar | 14 | | device;
| 15 | | (9) knowingly drafts, prints or publishes any lottery | 16 | | ticket or share,
or any policy ticket, slip, record, | 17 | | document or similar device, except for
such activity | 18 | | related to lotteries, bingo games and raffles authorized by
| 19 | | and conducted in accordance with the laws of Illinois or | 20 | | any other state or
foreign government;
| 21 | | (10) knowingly advertises any lottery or policy game, | 22 | | except for such
activity related to lotteries, bingo games | 23 | | and raffles authorized by and
conducted in accordance with | 24 | | the laws of Illinois or any other state;
| 25 | | (11) knowingly transmits information as to wagers, | 26 | | betting odds, or
changes in betting odds by telephone, |
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| 1 | | telegraph, radio, semaphore or
similar means; or knowingly | 2 | | installs or maintains equipment for the
transmission or | 3 | | receipt of such information; except that nothing in this
| 4 | | subdivision (11) prohibits transmission or receipt of such | 5 | | information
for use in news reporting of sporting events or | 6 | | contests; or
| 7 | | (12) knowingly establishes, maintains, or operates an | 8 | | Internet site that
permits a person to play a game of
| 9 | | chance or skill for money or other thing of value by means | 10 | | of the Internet or
to make a wager upon the
result of any | 11 | | game, contest, political nomination, appointment, or
| 12 | | election by means of the Internet. This item (12) does not | 13 | | apply to activities referenced in items (6) and (6.1) of | 14 | | subsection (b) of this Section.
| 15 | | (b) Participants in any of the following activities shall | 16 | | not be
convicted of gambling:
| 17 | | (1) Agreements to compensate for loss caused by the | 18 | | happening of
chance including without limitation contracts | 19 | | of indemnity or guaranty
and life or health or accident | 20 | | insurance.
| 21 | | (2) Offers of prizes, award or compensation to the | 22 | | actual
contestants in any bona fide contest for the | 23 | | determination of skill,
speed, strength or endurance or to | 24 | | the owners of animals or vehicles
entered in such contest.
| 25 | | (3) Pari-mutuel betting as authorized by the law of | 26 | | this State.
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| 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; or the
manufacture, distribution, or possession of | 7 | | video gaming terminals, as
defined in the Video Gaming Act, | 8 | | by manufacturers, distributors, and
terminal operators | 9 | | licensed to do so under the Video Gaming Act.
| 10 | | (5) The game commonly known as "bingo", when conducted | 11 | | in accordance
with the Bingo License and Tax Act.
| 12 | | (6) Lotteries and raffles when conducted by the State | 13 | | of Illinois in accordance
with the Illinois Lottery Law. | 14 | | This exemption includes any activity conducted by the | 15 | | Department of Revenue to sell lottery or raffle tickets | 16 | | pursuant to the provisions of the Illinois Lottery Law and | 17 | | its rules.
| 18 | | (6.1) The purchase of lottery tickets through the | 19 | | Internet for a lottery conducted by the State of Illinois | 20 | | under the program established in Section 7.12 of the | 21 | | Illinois Lottery Law.
| 22 | | (7) Possession of an antique slot machine that is | 23 | | neither used nor
intended to be used in the operation or | 24 | | promotion of any unlawful
gambling activity or enterprise. | 25 | | For the purpose of this subparagraph
(b)(7), an antique | 26 | | slot machine is one manufactured 25 years ago or earlier.
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| 1 | | (8) Raffles when conducted in accordance with the | 2 | | Raffles Act.
| 3 | | (9) Charitable games when conducted in accordance with | 4 | | the Charitable
Games Act.
| 5 | | (10) Pull tabs and jar games when conducted under the | 6 | | Illinois Pull
Tabs and Jar Games Act.
| 7 | | (11) Gambling games conducted on riverboats when
| 8 | | authorized by the Riverboat Gambling Act.
| 9 | | (12) Video gaming terminal games at a licensed | 10 | | establishment, licensed truck stop establishment,
licensed
| 11 | | fraternal establishment, or licensed veterans | 12 | | establishment when
conducted in accordance with the Video | 13 | | Gaming Act. | 14 | | (13) Games of skill or chance where money or other | 15 | | things of value can be won but no payment or purchase is | 16 | | required to participate. | 17 | | (c) Sentence.
| 18 | | Gambling is a
Class A misdemeanor. A second or
subsequent | 19 | | conviction under subsections (a)(3) through (a)(12),
is a Class | 20 | | 4 felony.
| 21 | | (d) Circumstantial evidence.
| 22 | | In prosecutions under
this
Section circumstantial evidence | 23 | | shall have the same validity and weight as
in any criminal | 24 | | prosecution.
| 25 | | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; | 26 | | 96-1203, eff. 7-22-10; 97-1108, eff. 1-1-13.)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.".
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