Full Text of SB3312 98th General Assembly
SB3312sam001 98TH GENERAL ASSEMBLY | Sen. Gary Forby Filed: 3/4/2014
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| 1 | | AMENDMENT TO SENATE BILL 3312
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3312 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Raffles Act is amended by changing Sections | 5 | | 1 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 | 8 | | terms defined
in this Section have the meanings given them.
| 9 | | "Net Proceeds" means the gross receipts from the conduct of | 10 | | raffles, less
reasonable sums expended for prizes, local | 11 | | license fees and other reasonable
operating expenses incurred | 12 | | as a result of operating a raffle.
| 13 | | "Key location" means the location where the poker run | 14 | | concludes and the prize or prizes are awarded. | 15 | | "Poker run" means a raffle event organized by an | 16 | | organization licensed under this Act in which participants |
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| 1 | | travel to multiple predetermined locations, including a key | 2 | | location, drawing a playing card or equivalent item at each | 3 | | location, in order to assemble a facsimile of a poker hand or | 4 | | other numeric score. "Poker run" includes dice runs, marble | 5 | | runs, or other events where the objective is to build the best | 6 | | hand or highest score by obtaining an item at each location. | 7 | | "Raffle" means a form of lottery, as defined in Section | 8 | | 28-2(b) of the
Criminal Code of 2012, conducted by an | 9 | | organization licensed under this Act, in which:
| 10 | | (1) the player pays or agrees to pay something of value | 11 | | for a chance,
represented and differentiated by a number or | 12 | | by a combination of numbers
or by some other medium, one or | 13 | | more of which chances is to be designated
the winning | 14 | | chance;
| 15 | | (2) the winning chance is to be determined through a | 16 | | drawing or by some
other method based on an element of | 17 | | chance by an act or set of acts on the
part of persons | 18 | | conducting or connected with the lottery, except that the
| 19 | | winning chance shall not be determined by the outcome of a | 20 | | publicly exhibited
sporting contest.
| 21 | | "Raffle" includes a poker run. | 22 | | (Source: P.A. 97-1150, eff. 1-25-13.)
| 23 | | (230 ILCS 15/2) (from Ch. 85, par. 2302)
| 24 | | Sec. 2. Licensing. | 25 | | (a) The governing body of any county or municipality
within |
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| 1 | | this State may establish a system for the licensing of | 2 | | organizations
to operate raffles. The governing bodies of a | 3 | | county and one or more
municipalities may, pursuant to a | 4 | | written contract, jointly establish a
system for the licensing | 5 | | of organizations to operate raffles within any
area of | 6 | | contiguous territory not contained within the corporate limits | 7 | | of a
municipality which is not a party to such contract. The | 8 | | governing bodies
of two or more adjacent counties or two or | 9 | | more adjacent municipalities
located within a county may, | 10 | | pursuant to a written contract, jointly
establish a system for | 11 | | the licensing of organizations to operate raffles
within the | 12 | | corporate limits of such counties or municipalities. The
| 13 | | licensing authority may establish special categories of | 14 | | licenses and
promulgate rules relating to the various | 15 | | categories. The licensing system
shall provide for limitations | 16 | | upon (1) the aggregate retail value of all
prizes or | 17 | | merchandise awarded by a licensee in a single raffle, (2) the
| 18 | | maximum retail value of each prize awarded by a licensee in a | 19 | | single raffle,
(3) the maximum price which may be charged for | 20 | | each raffle chance issued
or sold and (4) the maximum number of | 21 | | days during which chances may be issued
or sold. The licensing | 22 | | system may include a fee for each license in an
amount to be | 23 | | determined by the local governing body. Licenses issued | 24 | | pursuant
to this Act shall be valid for one raffle or for a | 25 | | specified number of
raffles to be conducted during a specified | 26 | | period not to exceed one year
and may be suspended or revoked
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| 1 | | for any violation of this Act. A local governing body shall act | 2 | | on a license
application within 30 days from the date of | 3 | | application. Nothing in this
Act shall be construed to prohibit | 4 | | a county or municipality from adopting
rules or ordinances for | 5 | | the operation of raffles that are more restrictive
than | 6 | | provided for in this Act. The governing body of a municipality | 7 | | may
authorize the sale of raffle chances only within the | 8 | | borders of the
municipality. The governing body of the county | 9 | | may authorize the sale of
raffle chances only in those areas | 10 | | which are both within the borders of the
county and outside the | 11 | | borders of any municipality.
| 12 | | (b) Licenses shall be issued only to bona fide religious, | 13 | | charitable,
labor, business, fraternal, educational or | 14 | | veterans' organizations that
operate without profit to their | 15 | | members and which have been in existence
continuously for a | 16 | | period of 5 years immediately before making application
for a | 17 | | license and which have had during that entire 5 year period a | 18 | | bona
fide membership engaged in carrying out their objects, or | 19 | | to a non-profit
fundraising organization that the licensing | 20 | | authority determines is
organized for the sole purpose of | 21 | | providing financial assistance to an
identified individual or | 22 | | group of individuals suffering extreme financial
hardship as | 23 | | the result of an illness, disability, accident or disaster.
| 24 | | For purposes of this Act, the following definitions apply. | 25 | | Non-profit:
An organization or institution organized and | 26 | | conducted on a not-for-profit
basis with no personal profit |
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| 1 | | inuring to any one as a result of the operation.
Charitable: An | 2 | | organization or institution organized and operated to benefit
| 3 | | an indefinite number of the public. The service rendered to | 4 | | those eligible
for benefits must also confer some benefit on | 5 | | the public. Educational:
An organization or institution | 6 | | organized and operated to provide systematic
instruction in | 7 | | useful branches of learning by methods common to schools
and | 8 | | institutions of learning which compare favorably in their scope | 9 | | and
intensity with the course of study presented in | 10 | | tax-supported schools.
Religious: Any church, congregation, | 11 | | society, or organization founded for
the purpose of religious | 12 | | worship. Fraternal: An organization of persons
having a common | 13 | | interest, the primary interest of which is to both promote
the | 14 | | welfare of its members and to provide assistance to the general | 15 | | public
in such a way as to lessen the burdens of government by | 16 | | caring for those
that otherwise would be cared for by the | 17 | | government. Veterans: An organization
or association comprised | 18 | | of members of which substantially all are individuals
who are | 19 | | veterans or spouses, widows, or widowers of veterans, the | 20 | | primary
purpose of which is to promote the welfare of its | 21 | | members and to provide
assistance to the general public in such | 22 | | a way as to confer a public benefit.
Labor: An organization | 23 | | composed of workers organized with the objective
of betterment | 24 | | of the conditions of those engaged in such pursuit and the
| 25 | | development of a higher degree of efficiency in their | 26 | | respective occupations.
Business: A voluntary organization |
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| 1 | | composed of individuals and businesses
who have joined together | 2 | | to advance the commercial, financial, industrial
and civic | 3 | | interests of a community.
| 4 | | (c) Poker runs shall be licensed by the governing body with | 5 | | jurisdiction over the key location. The license granted by the | 6 | | key location shall cover the entire poker run, including | 7 | | locations other than the key location. | 8 | | (Source: P.A. 86-820.)
| 9 | | Section 10. The Charitable Games Act is amended by changing | 10 | | Section 2 as follows:
| 11 | | (230 ILCS 30/2) (from Ch. 120, par. 1122)
| 12 | | Sec. 2. Definitions. For purposes of this Act, the | 13 | | following definitions
apply:
| 14 | | "Charitable games" means the 14 games of chance involving | 15 | | cards, dice, wheels, random selection of numbers, and gambling | 16 | | tickets which may be conducted at charitable games events | 17 | | listed as follows: roulette, blackjack, poker, pull tabs, | 18 | | craps, bang, beat the dealer, big six, gin rummy, five card | 19 | | stud poker, chuck-a-luck, keno, hold-em poker, and merchandise | 20 | | wheel. | 21 | | "Charitable games event" or "event" means the type of | 22 | | fundraising event authorized by the Act at which participants | 23 | | pay to play charitable games for the chance of winning cash or | 24 | | noncash prizes. "Charitable games event" or "event" includes a |
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| 1 | | poker run. | 2 | | "Charitable organization" means an organization or | 3 | | institution organized and operated to benefit an indefinite | 4 | | number of the public. | 5 | | "Chips" means scrip, play money, poker or casino chips, or | 6 | | any other representations of money, used to make wagers on the | 7 | | outcome of any charitable game. | 8 | | "Department" means the Department of Revenue.
| 9 | | "Educational organization" means an organization or | 10 | | institution organized and operated to provide systematic | 11 | | instruction in useful branches of learning by methods common to | 12 | | schools and institutions of learning which compare favorably in | 13 | | their scope and intensity with the course of study presented in | 14 | | tax-supported schools. | 15 | | "Fraternal organization" means an organization of persons | 16 | | having a common interest that is organized and operated | 17 | | exclusively to promote the welfare of its members and to | 18 | | benefit the general public on a continuing and consistent | 19 | | basis, including but not limited to ethnic organizations.
| 20 | | "Labor organization" means an organization composed of | 21 | | labor unions or
workers organized with the objective of | 22 | | betterment of the conditions of
those engaged in such pursuit | 23 | | and the development of a higher degree of
efficiency in their | 24 | | respective occupations.
| 25 | | "Licensed organization" means a qualified organization | 26 | | that has obtained a license to conduct a charitable games event |
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| 1 | | in conformance with the provisions of this Act. | 2 | | "Non-profit organization" means an organization or | 3 | | institution organized and conducted on a not-for-profit basis | 4 | | with no personal profit inuring to anyone as a result of the | 5 | | operation.
| 6 | | "Organization" means a : A corporation, agency, | 7 | | partnership,
association, firm, business, or other entity | 8 | | consisting of 2 or more persons joined by
a common interest or | 9 | | purpose.
| 10 | | "Person" means any natural individual, corporation, | 11 | | partnership, limited
liability company, organization as | 12 | | defined in this
Section, qualified organization, licensed | 13 | | organization, licensee under this Act, or volunteer.
| 14 | | "Poker run" means an event organized by a sponsoring | 15 | | organization in which participants travel to 5 or more | 16 | | predetermined locations, drawing a playing card or equivalent | 17 | | item at each location, in order to assemble a facsimile of a | 18 | | poker hand or other numeric score. "Poker run" includes dice | 19 | | runs, marble runs, or other events where the objective is to | 20 | | build the best hand or highest score by obtaining an item at | 21 | | each location. | 22 | | "Premises" means a distinct parcel of land and the | 23 | | buildings thereon. | 24 | | "Provider" means the person or organization owning, | 25 | | leasing, or controlling premises upon which any charitable | 26 | | games event is to be conducted.
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| 1 | | "Qualified organization" means:
| 2 | | (a) a charitable, religious, fraternal, veterans, | 3 | | labor, educational
organization, or other institution | 4 | | organized and conducted on a not-for-profit
basis with no | 5 | | personal profit inuring to anyone as a result of the
| 6 | | operation and which is exempt from federal income taxation | 7 | | under Sections
501(c)(3), 501(c)(4), 501(c)(5), 501(c)(8), | 8 | | 501(c)(10) or 501(c)(19) of the
Internal Revenue Code;
| 9 | | (b) a veterans organization as defined in Section 1.1
| 10 | | of the
"Bingo License and Tax Act" organized
and conducted | 11 | | on a not-for-profit basis with no personal profit inuring | 12 | | to
anyone as a result of the operation; or
| 13 | | (c) An auxiliary organization of a veterans | 14 | | organization.
| 15 | | "Religious organization" means any church, congregation, | 16 | | society, or organization founded for the purpose of religious | 17 | | worship. | 18 | | "Sponsoring organization" means a qualified organization | 19 | | that has obtained a
license to conduct a charitable games event | 20 | | in conformance with the provisions
of this Act.
| 21 | | "Supplier" means any person, firm, or corporation that | 22 | | sells, leases, lends, distributes, or otherwise provides to any | 23 | | organization licensed to conduct charitable games events in | 24 | | Illinois any charitable games equipment.
| 25 | | "Veterans' organization" means an organization comprised | 26 | | of members of which substantially all are individuals who are |
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| 1 | | veterans or spouses, widows, or widowers of veterans, the | 2 | | primary purpose of which is to promote the welfare of its | 3 | | members and to provide assistance to the general public in such | 4 | | a way as to confer a public benefit. | 5 | | "Volunteer" means a person recruited by a licensed | 6 | | organization who voluntarily performs services at a charitable | 7 | | games event, including participation in the management or | 8 | | operation of a game, as defined in Section 8.
| 9 | | (Source: P.A. 98-426, eff. 8-16-13.)
| 10 | | Section 15. The Criminal Code of 2012 is amended by | 11 | | changing Sections 28-1 and 28-1.1 as follows:
| 12 | | (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
| 13 | | Sec. 28-1. Gambling.
| 14 | | (a) A person commits gambling when he or she:
| 15 | | (1) knowingly plays a game of chance or skill for money | 16 | | or other thing of
value, unless excepted in subsection (b) | 17 | | of this Section;
| 18 | | (2) knowingly makes a wager upon the result of any | 19 | | game, contest, or any
political nomination, appointment or | 20 | | election;
| 21 | | (3) knowingly operates, keeps, owns, uses, purchases, | 22 | | exhibits, rents, sells,
bargains for the sale or lease of, | 23 | | manufactures or distributes any
gambling device;
| 24 | | (4) contracts to have or give himself or herself or |
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| 1 | | another the option to buy
or sell, or contracts to buy or | 2 | | sell, at a future time, any grain or
other commodity | 3 | | whatsoever, or any stock or security of any company,
where | 4 | | it is at the time of making such contract intended by both | 5 | | parties
thereto that the contract to buy or sell, or the | 6 | | option, whenever
exercised, or the contract resulting | 7 | | therefrom, shall be settled, not by
the receipt or delivery | 8 | | of such property, but by the payment only of
differences in | 9 | | prices thereof; however, the issuance, purchase, sale,
| 10 | | exercise, endorsement or guarantee, by or through a person | 11 | | registered
with the Secretary of State pursuant to Section | 12 | | 8 of the Illinois
Securities Law of 1953, or by or through | 13 | | a person exempt from such
registration under said Section | 14 | | 8, of a put, call, or other option to
buy or sell | 15 | | securities which have been registered with the Secretary of
| 16 | | State or which are exempt from such registration under | 17 | | Section 3 of the
Illinois Securities Law of 1953 is not | 18 | | gambling within the meaning of
this paragraph (4);
| 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;
| 24 | | (6) knowingly sells pools upon the result of any game | 25 | | or contest of skill or
chance, political nomination, | 26 | | appointment or election;
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| 1 | | (7) knowingly sets up or promotes any lottery or sells, | 2 | | offers to sell or
transfers any ticket or share for any | 3 | | lottery;
| 4 | | (8) knowingly sets up or promotes any policy game or | 5 | | sells, offers to sell or
knowingly possesses or transfers | 6 | | any policy ticket, slip, record,
document or other similar | 7 | | device;
| 8 | | (9) knowingly drafts, prints or publishes any lottery | 9 | | ticket or share,
or any policy ticket, slip, record, | 10 | | document or similar device, except for
such activity | 11 | | related to lotteries, bingo games and raffles authorized by
| 12 | | and conducted in accordance with the laws of Illinois or | 13 | | any other state or
foreign government;
| 14 | | (10) knowingly advertises any lottery or policy game, | 15 | | except for such
activity related to lotteries, bingo games | 16 | | and raffles authorized by and
conducted in accordance with | 17 | | the laws of Illinois or any other state;
| 18 | | (11) knowingly transmits information as to wagers, | 19 | | betting odds, or
changes in betting odds by telephone, | 20 | | telegraph, radio, semaphore or
similar means; or knowingly | 21 | | installs or maintains equipment for the
transmission or | 22 | | receipt of such information; except that nothing in this
| 23 | | subdivision (11) prohibits transmission or receipt of such | 24 | | information
for use in news reporting of sporting events or | 25 | | contests; or
| 26 | | (12) knowingly establishes, maintains, or operates an |
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| 1 | | Internet site that
permits a person to play a game of
| 2 | | chance or skill for money or other thing of value by means | 3 | | of the Internet or
to make a wager upon the
result of any | 4 | | game, contest, political nomination, appointment, or
| 5 | | election by means of the Internet. This item (12) does not | 6 | | apply to activities referenced in items (6) and (6.1) of | 7 | | subsection (b) of this Section.
| 8 | | (b) Participants in any of the following activities shall | 9 | | not be
convicted of gambling:
| 10 | | (1) Agreements to compensate for loss caused by the | 11 | | happening of
chance including without limitation contracts | 12 | | of indemnity or guaranty
and life or health or accident | 13 | | insurance.
| 14 | | (2) Offers of prizes, award or compensation to the | 15 | | actual
contestants in any bona fide contest for the | 16 | | determination of skill,
speed, strength or endurance or to | 17 | | the owners of animals or vehicles
entered in such contest.
| 18 | | (3) Pari-mutuel betting as authorized by the law of | 19 | | this State.
| 20 | | (4) Manufacture of gambling devices, including the | 21 | | acquisition of
essential parts therefor and the assembly | 22 | | thereof, for transportation in
interstate or foreign | 23 | | commerce to any place outside this State when such
| 24 | | transportation is not prohibited by any applicable Federal | 25 | | law; or the
manufacture, distribution, or possession of | 26 | | video gaming terminals, as
defined in the Video Gaming Act, |
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| 1 | | by manufacturers, distributors, and
terminal operators | 2 | | licensed to do so under the Video Gaming Act.
| 3 | | (5) The game commonly known as "bingo", when conducted | 4 | | in accordance
with the Bingo License and Tax Act.
| 5 | | (6) Lotteries when conducted by the State of Illinois | 6 | | in accordance
with the Illinois Lottery Law. This exemption | 7 | | includes any activity conducted by the Department of | 8 | | Revenue to sell lottery tickets pursuant to the provisions | 9 | | of the Illinois Lottery Law and its rules.
| 10 | | (6.1) The purchase of lottery tickets through the | 11 | | Internet for a lottery conducted by the State of Illinois | 12 | | under the program established in Section 7.12 of the | 13 | | Illinois Lottery Law.
| 14 | | (7) Possession of an antique slot machine that is | 15 | | neither used nor
intended to be used in the operation or | 16 | | promotion of any unlawful
gambling activity or enterprise. | 17 | | For the purpose of this subparagraph
(b)(7), an antique | 18 | | slot machine is one manufactured 25 years ago or earlier.
| 19 | | (8) Raffles , including poker runs, when conducted in | 20 | | accordance with the Raffles Act.
| 21 | | (9) Charitable games when conducted in accordance with | 22 | | the Charitable
Games Act.
| 23 | | (10) Pull tabs and jar games when conducted under the | 24 | | Illinois Pull
Tabs and Jar Games Act.
| 25 | | (11) Gambling games conducted on riverboats when
| 26 | | authorized by the Riverboat Gambling Act.
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| 1 | | (12) Video gaming terminal games at a licensed | 2 | | establishment, licensed truck stop establishment,
licensed
| 3 | | fraternal establishment, or licensed veterans | 4 | | establishment when
conducted in accordance with the Video | 5 | | Gaming Act. | 6 | | (13) Games of skill or chance where money or other | 7 | | things of value can be won but no payment or purchase is | 8 | | required to participate. | 9 | | (c) Sentence.
| 10 | | Gambling is a
Class A misdemeanor. A second or
subsequent | 11 | | conviction under subsections (a)(3) through (a)(12),
is a Class | 12 | | 4 felony.
| 13 | | (d) Circumstantial evidence.
| 14 | | In prosecutions under
this
Section circumstantial evidence | 15 | | shall have the same validity and weight as
in any criminal | 16 | | prosecution.
| 17 | | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; | 18 | | 96-1203, eff. 7-22-10; 97-1108, eff. 1-1-13.)
| 19 | | (720 ILCS 5/28-1.1)
(from Ch. 38, par. 28-1.1)
| 20 | | Sec. 28-1.1. Syndicated gambling.
| 21 | | (a) Declaration of Purpose. Recognizing the close | 22 | | relationship between
professional gambling and other organized | 23 | | crime, it is declared to be the
policy of the legislature to | 24 | | restrain persons from engaging in the business
of gambling for | 25 | | profit in this State. This Section shall be liberally
construed |
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| 1 | | and administered with a view to carrying out this policy.
| 2 | | (b) A person commits syndicated gambling when he or she | 3 | | operates a "policy
game" or engages in the business of | 4 | | bookmaking.
| 5 | | (c) A person "operates a policy game" when he or she | 6 | | knowingly uses any
premises or property for the purpose of | 7 | | receiving or knowingly does
receive from what is commonly | 8 | | called "policy":
| 9 | | (1) money from a person other than the bettor or player | 10 | | whose
bets or plays are represented by the money; or
| 11 | | (2) written "policy game" records, made or used over | 12 | | any
period of time, from a person other than the bettor or | 13 | | player whose bets
or plays are represented by the written | 14 | | record.
| 15 | | (d) A person engages in bookmaking when he or she knowingly | 16 | | receives or accepts more
than five bets or wagers upon the | 17 | | result of any trials or contests of
skill, speed or power of | 18 | | endurance or upon any lot, chance, casualty,
unknown or | 19 | | contingent event whatsoever, which bets or wagers shall be of
| 20 | | such size that the total of the amounts of money paid or | 21 | | promised to be
paid to the bookmaker on account thereof shall | 22 | | exceed $2,000.
Bookmaking is the receiving or accepting of bets | 23 | | or wagers
regardless of the form or manner in which the | 24 | | bookmaker records them.
| 25 | | (e) Participants in any of the following activities shall | 26 | | not be
convicted of syndicated gambling:
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| 1 | | (1) Agreements to compensate for loss caused by the | 2 | | happening
of chance including without limitation contracts | 3 | | of indemnity or
guaranty and life or health or accident | 4 | | insurance;
| 5 | | (2) Offers of prizes, award or compensation to the | 6 | | actual
contestants in any bona fide contest for the | 7 | | determination of skill,
speed, strength or endurance or to | 8 | | the owners of animals or vehicles
entered in the contest;
| 9 | | (3) Pari-mutuel betting as authorized by law of this | 10 | | State;
| 11 | | (4) Manufacture of gambling devices, including the | 12 | | acquisition
of essential parts therefor and the assembly | 13 | | thereof, for transportation
in interstate or foreign | 14 | | commerce to any place outside this State when
the | 15 | | transportation is not prohibited by any applicable Federal | 16 | | law;
| 17 | | (5) Raffles , including poker runs, when conducted in | 18 | | accordance with the Raffles Act;
| 19 | | (6) Gambling games conducted on riverboats when
| 20 | | authorized by the Riverboat Gambling Act; and
| 21 | | (7) Video gaming terminal games at a licensed | 22 | | establishment, licensed truck stop establishment,
licensed
| 23 | | fraternal establishment, or licensed veterans | 24 | | establishment
when conducted in accordance with the Video | 25 | | Gaming Act.
| 26 | | (f) Sentence. Syndicated gambling is a Class 3 felony.
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| 1 | | (Source: P.A. 96-34, eff. 7-13-09; 97-1108, eff. 1-1-13.)
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.".
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