Illinois General Assembly - Full Text of HB4223
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Full Text of HB4223  98th General Assembly

HB4223 98TH GENERAL ASSEMBLY

  
  

 


 
98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4223

 

Introduced , by Rep. Rich Brauer

 

SYNOPSIS AS INTRODUCED:
 
230 ILCS 15/1  from Ch. 85, par. 2301
230 ILCS 15/2  from Ch. 85, par. 2302
230 ILCS 30/2  from Ch. 120, par. 1122
720 ILCS 5/28-1  from Ch. 38, par. 28-1
720 ILCS 5/28-1.1  from Ch. 38, par. 28-1.1

    Amends the Raffles Act and the Charitable Games Act. Provides for the regulation of poker runs as raffles rather than as charitable games events. Provides that poker runs shall be licensed by the governing body with jurisdiction over the key location and the license granted by the key location shall cover the entire poker run. Amends the Criminal Code of 2012 to make corresponding changes. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4223LRB098 16841 ZMM 51912 b

1    AN ACT concerning gaming.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Raffles Act is amended by changing Sections
51 and 2 as follows:
 
6    (230 ILCS 15/1)  (from Ch. 85, par. 2301)
7    Sec. 1. Definitions.) For the purposes of this Act the
8terms defined in this Section have the meanings given them.
9    "Net Proceeds" means the gross receipts from the conduct of
10raffles, less reasonable sums expended for prizes, local
11license fees and other reasonable operating expenses incurred
12as a result of operating a raffle.
13    "Key location" means the location where the poker run
14concludes and the prize or prizes are awarded.
15    "Poker run" means a raffle event organized by an
16organization licensed under this Act in which participants
17travel to multiple predetermined locations, including a key
18location, drawing a playing card or equivalent item at each
19location, in order to assemble a facsimile of a poker hand or
20other numeric score. "Poker run" includes dice runs, marble
21runs, or other events where the objective is to build the best
22hand or highest score by obtaining an item at each location.
23    "Raffle" means a form of lottery, as defined in Section

 

 

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128-2(b) of the Criminal Code of 2012, conducted by an
2organization licensed under this Act, in which:
3        (1) the player pays or agrees to pay something of value
4    for a chance, represented and differentiated by a number or
5    by a combination of numbers or by some other medium, one or
6    more of which chances is to be designated the winning
7    chance;
8        (2) the winning chance is to be determined through a
9    drawing or by some other method based on an element of
10    chance by an act or set of acts on the part of persons
11    conducting or connected with the lottery, except that the
12    winning chance shall not be determined by the outcome of a
13    publicly exhibited sporting contest.
14    "Raffle" includes a poker run.
15(Source: P.A. 97-1150, eff. 1-25-13.)
 
16    (230 ILCS 15/2)  (from Ch. 85, par. 2302)
17    Sec. 2. Licensing.
18    (a) The governing body of any county or municipality within
19this State may establish a system for the licensing of
20organizations to operate raffles. The governing bodies of a
21county and one or more municipalities may, pursuant to a
22written contract, jointly establish a system for the licensing
23of organizations to operate raffles within any area of
24contiguous territory not contained within the corporate limits
25of a municipality which is not a party to such contract. The

 

 

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1governing bodies of two or more adjacent counties or two or
2more adjacent municipalities located within a county may,
3pursuant to a written contract, jointly establish a system for
4the licensing of organizations to operate raffles within the
5corporate limits of such counties or municipalities. The
6licensing authority may establish special categories of
7licenses and promulgate rules relating to the various
8categories. The licensing system shall provide for limitations
9upon (1) the aggregate retail value of all prizes or
10merchandise awarded by a licensee in a single raffle, (2) the
11maximum retail value of each prize awarded by a licensee in a
12single raffle, (3) the maximum price which may be charged for
13each raffle chance issued or sold and (4) the maximum number of
14days during which chances may be issued or sold. The licensing
15system may include a fee for each license in an amount to be
16determined by the local governing body. Licenses issued
17pursuant to this Act shall be valid for one raffle or for a
18specified number of raffles to be conducted during a specified
19period not to exceed one year and may be suspended or revoked
20for any violation of this Act. A local governing body shall act
21on a license application within 30 days from the date of
22application. Nothing in this Act shall be construed to prohibit
23a county or municipality from adopting rules or ordinances for
24the operation of raffles that are more restrictive than
25provided for in this Act. The governing body of a municipality
26may authorize the sale of raffle chances only within the

 

 

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1borders of the municipality. The governing body of the county
2may authorize the sale of raffle chances only in those areas
3which are both within the borders of the county and outside the
4borders of any municipality.
5    (b) Licenses shall be issued only to bona fide religious,
6charitable, labor, business, fraternal, educational or
7veterans' organizations that operate without profit to their
8members and which have been in existence continuously for a
9period of 5 years immediately before making application for a
10license and which have had during that entire 5 year period a
11bona fide membership engaged in carrying out their objects, or
12to a non-profit fundraising organization that the licensing
13authority determines is organized for the sole purpose of
14providing financial assistance to an identified individual or
15group of individuals suffering extreme financial hardship as
16the result of an illness, disability, accident or disaster.
17    For purposes of this Act, the following definitions apply.
18Non-profit: An organization or institution organized and
19conducted on a not-for-profit basis with no personal profit
20inuring to any one as a result of the operation. Charitable: An
21organization or institution organized and operated to benefit
22an indefinite number of the public. The service rendered to
23those eligible for benefits must also confer some benefit on
24the public. Educational: An organization or institution
25organized and operated to provide systematic instruction in
26useful branches of learning by methods common to schools and

 

 

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1institutions of learning which compare favorably in their scope
2and intensity with the course of study presented in
3tax-supported schools. Religious: Any church, congregation,
4society, or organization founded for the purpose of religious
5worship. Fraternal: An organization of persons having a common
6interest, the primary interest of which is to both promote the
7welfare of its members and to provide assistance to the general
8public in such a way as to lessen the burdens of government by
9caring for those that otherwise would be cared for by the
10government. Veterans: An organization or association comprised
11of members of which substantially all are individuals who are
12veterans or spouses, widows, or widowers of veterans, the
13primary purpose of which is to promote the welfare of its
14members and to provide assistance to the general public in such
15a way as to confer a public benefit. Labor: An organization
16composed of workers organized with the objective of betterment
17of the conditions of those engaged in such pursuit and the
18development of a higher degree of efficiency in their
19respective occupations. Business: A voluntary organization
20composed of individuals and businesses who have joined together
21to advance the commercial, financial, industrial and civic
22interests of a community.
23    (c) Poker runs shall be licensed by the governing body with
24jurisdiction over the key location. The license granted by the
25key location shall cover the entire poker run, including
26locations other than the key location.

 

 

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1(Source: P.A. 86-820.)
 
2    Section 10. The Charitable Games Act is amended by changing
3Section 2 as follows:
 
4    (230 ILCS 30/2)  (from Ch. 120, par. 1122)
5    Sec. 2. Definitions. For purposes of this Act, the
6following definitions apply:
7    "Charitable games" means the 14 games of chance involving
8cards, dice, wheels, random selection of numbers, and gambling
9tickets which may be conducted at charitable games events
10listed as follows: roulette, blackjack, poker, pull tabs,
11craps, bang, beat the dealer, big six, gin rummy, five card
12stud poker, chuck-a-luck, keno, hold-em poker, and merchandise
13wheel.
14    "Charitable games event" or "event" means the type of
15fundraising event authorized by the Act at which participants
16pay to play charitable games for the chance of winning cash or
17noncash prizes. "Charitable games event" or "event" includes a
18poker run.
19    "Charitable organization" means an organization or
20institution organized and operated to benefit an indefinite
21number of the public.
22    "Chips" means scrip, play money, poker or casino chips, or
23any other representations of money, used to make wagers on the
24outcome of any charitable game.

 

 

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1    "Department" means the Department of Revenue.
2    "Educational organization" means an organization or
3institution organized and operated to provide systematic
4instruction in useful branches of learning by methods common to
5schools and institutions of learning which compare favorably in
6their scope and intensity with the course of study presented in
7tax-supported schools.
8    "Fraternal organization" means an organization of persons
9having a common interest that is organized and operated
10exclusively to promote the welfare of its members and to
11benefit the general public on a continuing and consistent
12basis, including but not limited to ethnic organizations.
13    "Labor organization" means an organization composed of
14labor unions or workers organized with the objective of
15betterment of the conditions of those engaged in such pursuit
16and the development of a higher degree of efficiency in their
17respective occupations.
18    "Licensed organization" means a qualified organization
19that has obtained a license to conduct a charitable games event
20in conformance with the provisions of this Act.
21    "Non-profit organization" means an organization or
22institution organized and conducted on a not-for-profit basis
23with no personal profit inuring to anyone as a result of the
24operation.
25    "Organization" means a : A corporation, agency,
26partnership, association, firm, business, or other entity

 

 

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1consisting of 2 or more persons joined by a common interest or
2purpose.
3    "Person" means any natural individual, corporation,
4partnership, limited liability company, organization as
5defined in this Section, qualified organization, licensed
6organization, licensee under this Act, or volunteer.
7    "Poker run" means an event organized by a sponsoring
8organization in which participants travel to 5 or more
9predetermined locations, drawing a playing card or equivalent
10item at each location, in order to assemble a facsimile of a
11poker hand or other numeric score. "Poker run" includes dice
12runs, marble runs, or other events where the objective is to
13build the best hand or highest score by obtaining an item at
14each location.
15    "Premises" means a distinct parcel of land and the
16buildings thereon.
17    "Provider" means the person or organization owning,
18leasing, or controlling premises upon which any charitable
19games event is to be conducted.
20    "Qualified organization" means:
21        (a) a charitable, religious, fraternal, veterans,
22    labor, educational organization, or other institution
23    organized and conducted on a not-for-profit basis with no
24    personal profit inuring to anyone as a result of the
25    operation and which is exempt from federal income taxation
26    under Sections 501(c)(3), 501(c)(4), 501(c)(5), 501(c)(8),

 

 

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1    501(c)(10) or 501(c)(19) of the Internal Revenue Code;
2        (b) a veterans organization as defined in Section 1.1
3    of the "Bingo License and Tax Act" organized and conducted
4    on a not-for-profit basis with no personal profit inuring
5    to anyone as a result of the operation; or
6        (c) An auxiliary organization of a veterans
7    organization.
8    "Religious organization" means any church, congregation,
9society, or organization founded for the purpose of religious
10worship.
11    "Sponsoring organization" means a qualified organization
12that has obtained a license to conduct a charitable games event
13in conformance with the provisions of this Act.
14    "Supplier" means any person, firm, or corporation that
15sells, leases, lends, distributes, or otherwise provides to any
16organization licensed to conduct charitable games events in
17Illinois any charitable games equipment.
18    "Veterans' organization" means an organization comprised
19of members of which substantially all are individuals who are
20veterans or spouses, widows, or widowers of veterans, the
21primary purpose of which is to promote the welfare of its
22members and to provide assistance to the general public in such
23a way as to confer a public benefit.
24    "Volunteer" means a person recruited by a licensed
25organization who voluntarily performs services at a charitable
26games event, including participation in the management or

 

 

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1operation of a game, as defined in Section 8.
2(Source: P.A. 98-426, eff. 8-16-13.)
 
3    Section 15. The Criminal Code of 2012 is amended by
4changing Sections 28-1 and 28-1.1 as follows:
 
5    (720 ILCS 5/28-1)  (from Ch. 38, par. 28-1)
6    Sec. 28-1. Gambling.
7    (a) A person commits gambling when he or she:
8        (1) knowingly plays a game of chance or skill for money
9    or other thing of value, unless excepted in subsection (b)
10    of this Section;
11        (2) knowingly makes a wager upon the result of any
12    game, contest, or any political nomination, appointment or
13    election;
14        (3) knowingly operates, keeps, owns, uses, purchases,
15    exhibits, rents, sells, bargains for the sale or lease of,
16    manufactures or distributes any gambling device;
17        (4) contracts to have or give himself or herself or
18    another the option to buy or sell, or contracts to buy or
19    sell, at a future time, any grain or other commodity
20    whatsoever, or any stock or security of any company, where
21    it is at the time of making such contract intended by both
22    parties thereto that the contract to buy or sell, or the
23    option, whenever exercised, or the contract resulting
24    therefrom, shall be settled, not by the receipt or delivery

 

 

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1    of such property, but by the payment only of differences in
2    prices thereof; however, the issuance, purchase, sale,
3    exercise, endorsement or guarantee, by or through a person
4    registered with the Secretary of State pursuant to Section
5    8 of the Illinois Securities Law of 1953, or by or through
6    a person exempt from such registration under said Section
7    8, of a put, call, or other option to buy or sell
8    securities which have been registered with the Secretary of
9    State or which are exempt from such registration under
10    Section 3 of the Illinois Securities Law of 1953 is not
11    gambling within the meaning of this paragraph (4);
12        (5) knowingly owns or possesses any book, instrument or
13    apparatus by means of which bets or wagers have been, or
14    are, recorded or registered, or knowingly possesses any
15    money which he has received in the course of a bet or
16    wager;
17        (6) knowingly sells pools upon the result of any game
18    or contest of skill or chance, political nomination,
19    appointment or election;
20        (7) knowingly sets up or promotes any lottery or sells,
21    offers to sell or transfers any ticket or share for any
22    lottery;
23        (8) knowingly sets up or promotes any policy game or
24    sells, offers to sell or knowingly possesses or transfers
25    any policy ticket, slip, record, document or other similar
26    device;

 

 

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1        (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
5    and conducted in accordance with the laws of Illinois or
6    any other state or foreign government;
7        (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;
11        (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
16    subdivision (11) prohibits transmission or receipt of such
17    information for use in news reporting of sporting events or
18    contests; or
19        (12) knowingly establishes, maintains, or operates an
20    Internet site that permits a person to play a game of
21    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
24    election by means of the Internet. This item (12) does not
25    apply to activities referenced in items (6) and (6.1) of
26    subsection (b) of this Section.

 

 

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1    (b) Participants in any of the following activities shall
2not be convicted of gambling:
3        (1) Agreements to compensate for loss caused by the
4    happening of chance including without limitation contracts
5    of indemnity or guaranty and life or health or accident
6    insurance.
7        (2) Offers of prizes, award or compensation to the
8    actual contestants in any bona fide contest for the
9    determination of skill, speed, strength or endurance or to
10    the owners of animals or vehicles entered in such contest.
11        (3) Pari-mutuel betting as authorized by the law of
12    this State.
13        (4) Manufacture of gambling devices, including the
14    acquisition of essential parts therefor and the assembly
15    thereof, for transportation in interstate or foreign
16    commerce to any place outside this State when such
17    transportation is not prohibited by any applicable Federal
18    law; or the manufacture, distribution, or possession of
19    video gaming terminals, as defined in the Video Gaming Act,
20    by manufacturers, distributors, and terminal operators
21    licensed to do so under the Video Gaming Act.
22        (5) The game commonly known as "bingo", when conducted
23    in accordance with the Bingo License and Tax Act.
24        (6) Lotteries when conducted by the State of Illinois
25    in accordance with the Illinois Lottery Law. This exemption
26    includes any activity conducted by the Department of

 

 

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1    Revenue to sell lottery tickets pursuant to the provisions
2    of the Illinois Lottery Law and its rules.
3        (6.1) The purchase of lottery tickets through the
4    Internet for a lottery conducted by the State of Illinois
5    under the program established in Section 7.12 of the
6    Illinois Lottery Law.
7        (7) Possession of an antique slot machine that is
8    neither used nor intended to be used in the operation or
9    promotion of any unlawful gambling activity or enterprise.
10    For the purpose of this subparagraph (b)(7), an antique
11    slot machine is one manufactured 25 years ago or earlier.
12        (8) Raffles, including poker runs, when conducted in
13    accordance with the Raffles Act.
14        (9) Charitable games when conducted in accordance with
15    the Charitable Games Act.
16        (10) Pull tabs and jar games when conducted under the
17    Illinois Pull Tabs and Jar Games Act.
18        (11) Gambling games conducted on riverboats when
19    authorized by the Riverboat Gambling Act.
20        (12) Video gaming terminal games at a licensed
21    establishment, licensed truck stop establishment, licensed
22    fraternal establishment, or licensed veterans
23    establishment when conducted in accordance with the Video
24    Gaming Act.
25        (13) Games of skill or chance where money or other
26    things of value can be won but no payment or purchase is

 

 

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1    required to participate.
2    (c) Sentence.
3    Gambling is a Class A misdemeanor. A second or subsequent
4conviction under subsections (a)(3) through (a)(12), is a Class
54 felony.
6    (d) Circumstantial evidence.
7    In prosecutions under this Section circumstantial evidence
8shall have the same validity and weight as in any criminal
9prosecution.
10(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09;
1196-1203, eff. 7-22-10; 97-1108, eff. 1-1-13.)
 
12    (720 ILCS 5/28-1.1)   (from Ch. 38, par. 28-1.1)
13    Sec. 28-1.1. Syndicated gambling.
14    (a) Declaration of Purpose. Recognizing the close
15relationship between professional gambling and other organized
16crime, it is declared to be the policy of the legislature to
17restrain persons from engaging in the business of gambling for
18profit in this State. This Section shall be liberally construed
19and administered with a view to carrying out this policy.
20    (b) A person commits syndicated gambling when he or she
21operates a "policy game" or engages in the business of
22bookmaking.
23    (c) A person "operates a policy game" when he or she
24knowingly uses any premises or property for the purpose of
25receiving or knowingly does receive from what is commonly

 

 

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1called "policy":
2        (1) money from a person other than the bettor or player
3    whose bets or plays are represented by the money; or
4        (2) written "policy game" records, made or used over
5    any period of time, from a person other than the bettor or
6    player whose bets or plays are represented by the written
7    record.
8    (d) A person engages in bookmaking when he or she knowingly
9receives or accepts more than five bets or wagers upon the
10result of any trials or contests of skill, speed or power of
11endurance or upon any lot, chance, casualty, unknown or
12contingent event whatsoever, which bets or wagers shall be of
13such size that the total of the amounts of money paid or
14promised to be paid to the bookmaker on account thereof shall
15exceed $2,000. Bookmaking is the receiving or accepting of bets
16or wagers regardless of the form or manner in which the
17bookmaker records them.
18    (e) Participants in any of the following activities shall
19not be convicted of syndicated gambling:
20        (1) Agreements to compensate for loss caused by the
21    happening of chance including without limitation contracts
22    of indemnity or guaranty and life or health or accident
23    insurance;
24        (2) Offers of prizes, award or compensation to the
25    actual contestants in any bona fide contest for the
26    determination of skill, speed, strength or endurance or to

 

 

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1    the owners of animals or vehicles entered in the contest;
2        (3) Pari-mutuel betting as authorized by law of this
3    State;
4        (4) Manufacture of gambling devices, including the
5    acquisition of essential parts therefor and the assembly
6    thereof, for transportation in interstate or foreign
7    commerce to any place outside this State when the
8    transportation is not prohibited by any applicable Federal
9    law;
10        (5) Raffles, including poker runs, when conducted in
11    accordance with the Raffles Act;
12        (6) Gambling games conducted on riverboats when
13    authorized by the Riverboat Gambling Act; and
14        (7) Video gaming terminal games at a licensed
15    establishment, licensed truck stop establishment, licensed
16    fraternal establishment, or licensed veterans
17    establishment when conducted in accordance with the Video
18    Gaming Act.
19    (f) Sentence. Syndicated gambling is a Class 3 felony.
20(Source: P.A. 96-34, eff. 7-13-09; 97-1108, eff. 1-1-13.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.