Full Text of HB2700 99th General Assembly
HB2700ham001 99TH GENERAL ASSEMBLY | Rep. Jack D. Franks Filed: 3/20/2015
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| 1 | | AMENDMENT TO HOUSE BILL 2700
| 2 | | AMENDMENT NO. ______. Amend House Bill 2700 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Banking Act is amended by adding | 5 | | Section 5g as follows: | 6 | | (205 ILCS 5/5g new) | 7 | | Sec. 5g. Savings promotion raffle. | 8 | | (a) As used in this Section, "savings promotion raffle" has | 9 | | the same meaning as that term is given in Section 20 of the | 10 | | Federal Deposit Insurance Act (12 U.S.C. 1829a). | 11 | | (b) If authorized by its board of directors, a State bank | 12 | | may conduct a savings promotion raffle. The savings promotion | 13 | | raffle shall be conducted so that each token or ticket | 14 | | representing an entry in the savings promotion raffle has an | 15 | | equal chance of being drawn. A State bank shall not conduct a | 16 | | savings promotion raffle in a manner that jeopardizes the State |
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| 1 | | bank's safety and soundness or misleads its customers. | 2 | | (c) The Secretary may examine the conduct of a savings | 3 | | promotion raffle and may issue a cease and desist order for a | 4 | | violation of this Section. | 5 | | (d) A State bank shall maintain records sufficient to | 6 | | facilitate an audit of the savings promotion raffle. | 7 | | Section 10. The Savings Bank Act is amended by adding | 8 | | Section 7008 as follows: | 9 | | (205 ILCS 205/7008 new) | 10 | | Sec. 7008. Savings promotion raffle. | 11 | | (a) As used in this Section, "savings promotion raffle" has | 12 | | the same meaning as that term is given in Section 4 of the Home | 13 | | Owners' Loan Act (12 U.S.C. 1463). | 14 | | (b) If authorized by its board of directors, a savings bank | 15 | | may conduct a savings promotion raffle. The savings promotion | 16 | | raffle shall be conducted so that each token or ticket | 17 | | representing an entry in the savings promotion raffle has an | 18 | | equal chance of being drawn. A savings bank shall not conduct a | 19 | | savings promotion raffle in a manner that jeopardizes the | 20 | | savings bank's safety and soundness or misleads its customers. | 21 | | (c) The Secretary may examine the conduct of a savings | 22 | | promotion raffle and may issue a cease and desist order for a | 23 | | violation of this Section. | 24 | | (d) A savings bank shall maintain records sufficient to |
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| 1 | | facilitate an audit of the savings promotion raffle. | 2 | | Section 15. The Illinois Credit Union Act is amended by | 3 | | adding Section 42.7 as follows: | 4 | | (205 ILCS 305/42.7 new) | 5 | | Sec. 42.7. Savings promotion raffle. | 6 | | (a) As used in this Section, "savings promotion raffle" | 7 | | means a raffle conducted by a credit union where the sole | 8 | | consideration required for a chance of winning designated | 9 | | prizes is the deposit of at least a specified amount of money | 10 | | in a savings account or other savings program offered by the | 11 | | credit union. | 12 | | (b) If authorized by its board of directors, a credit union | 13 | | may conduct a savings promotion raffle. The savings promotion | 14 | | raffle shall be conducted so that each token or ticket | 15 | | representing an entry in the savings promotion raffle has an | 16 | | equal chance of being drawn. A credit union shall not conduct a | 17 | | savings promotion raffle in a manner that jeopardizes the | 18 | | credit union's safety and soundness or mislead its members. | 19 | | (c) The Secretary may examine the conduct of a savings | 20 | | promotion raffle and may issue a cease and desist order for a | 21 | | violation of this Section. | 22 | | (d) A credit union shall maintain records sufficient to | 23 | | facilitate an audit of the savings promotion raffle. |
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| 1 | | Section 20. The Raffles and Poker Runs Act is amended by | 2 | | changing Section 1 as follows:
| 3 | | (230 ILCS 15/1) (from Ch. 85, par. 2301)
| 4 | | Sec. 1. Definitions. For the purposes of this Act the terms | 5 | | defined
in this Section have the meanings given them.
| 6 | | "Net proceeds" means the gross receipts from the conduct of | 7 | | raffles, less
reasonable sums expended for prizes, local | 8 | | license fees and other reasonable
operating expenses incurred | 9 | | as a result of operating a raffle or poker run.
| 10 | | "Key location" means the location where the poker run | 11 | | concludes and the prize or prizes are awarded. | 12 | | "Poker run" means an event organized by an organization | 13 | | licensed under this Act in which participants travel to | 14 | | multiple predetermined locations, including a key location, | 15 | | drawing a playing card or equivalent item at each location, in | 16 | | order to assemble a facsimile of a poker hand or other numeric | 17 | | score. "Poker run" includes dice runs, marble runs, or other | 18 | | events where the objective is to build the best hand or highest | 19 | | score by obtaining an item at each location. | 20 | | "Raffle" means a form of lottery, as defined in Section | 21 | | 28-2(b) of the
Criminal Code of 2012, conducted by an | 22 | | organization licensed under this Act, in which:
| 23 | | (1) the player pays or agrees to pay something of value | 24 | | for a chance,
represented and differentiated by a number or | 25 | | by a combination of numbers
or by some other medium, one or |
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| 1 | | more of which chances is to be designated
the winning | 2 | | chance;
| 3 | | (2) the winning chance is to be determined through a | 4 | | drawing or by some
other method based on an element of | 5 | | chance by an act or set of acts on the
part of persons | 6 | | conducting or connected with the lottery, except that the
| 7 | | winning chance shall not be determined by the outcome of a | 8 | | publicly exhibited
sporting contest.
| 9 | | "Raffle" does not include a savings promotion raffle | 10 | | authorized under Section 5g of the Illinois Banking Act, | 11 | | Section 7008 of the Savings Bank Act, Section 42.7 of the | 12 | | Illinois Credit Union Act, Section 5136B of the National Bank | 13 | | Act (12 U.S.C. 25a), or Section 4 of the Home Owners' Loan Act | 14 | | (12 U.S.C. 1463). | 15 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-644, eff. 6-10-14.)
| 16 | | Section 25. The Criminal Code of 2012 is amended by | 17 | | changing Sections 28-1, 28-1.1, and 28-2 as follows:
| 18 | | (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
| 19 | | Sec. 28-1. Gambling.
| 20 | | (a) A person commits gambling when he or she:
| 21 | | (1) knowingly plays a game of chance or skill for money | 22 | | or other thing of
value, unless excepted in subsection (b) | 23 | | of this Section;
| 24 | | (2) knowingly makes a wager upon the result of any |
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| 1 | | game, contest, or any
political nomination, appointment or | 2 | | election;
| 3 | | (3) knowingly operates, keeps, owns, uses, purchases, | 4 | | exhibits, rents, sells,
bargains for the sale or lease of, | 5 | | manufactures or distributes any
gambling device;
| 6 | | (4) contracts to have or give himself or herself or | 7 | | another the option to buy
or sell, or contracts to buy or | 8 | | sell, at a future time, any grain or
other commodity | 9 | | whatsoever, or any stock or security of any company,
where | 10 | | it is at the time of making such contract intended by both | 11 | | parties
thereto that the contract to buy or sell, or the | 12 | | option, whenever
exercised, or the contract resulting | 13 | | therefrom, shall be settled, not by
the receipt or delivery | 14 | | of such property, but by the payment only of
differences in | 15 | | prices thereof; however, the issuance, purchase, sale,
| 16 | | exercise, endorsement or guarantee, by or through a person | 17 | | registered
with the Secretary of State pursuant to Section | 18 | | 8 of the Illinois
Securities Law of 1953, or by or through | 19 | | a person exempt from such
registration under said Section | 20 | | 8, of a put, call, or other option to
buy or sell | 21 | | securities which have been registered with the Secretary of
| 22 | | State or which are exempt from such registration under | 23 | | Section 3 of the
Illinois Securities Law of 1953 is not | 24 | | gambling within the meaning of
this paragraph (4);
| 25 | | (5) knowingly owns or possesses any book, instrument or | 26 | | apparatus by
means of which bets or wagers have been, or |
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| 1 | | are, recorded or registered,
or knowingly possesses any | 2 | | money which he has received in the course of
a bet or | 3 | | wager;
| 4 | | (6) knowingly sells pools upon the result of any game | 5 | | or contest of skill or
chance, political nomination, | 6 | | appointment or election;
| 7 | | (7) knowingly sets up or promotes any lottery or sells, | 8 | | offers to sell or
transfers any ticket or share for any | 9 | | lottery;
| 10 | | (8) knowingly sets up or promotes any policy game or | 11 | | sells, offers to sell or
knowingly possesses or transfers | 12 | | any policy ticket, slip, record,
document or other similar | 13 | | device;
| 14 | | (9) knowingly drafts, prints or publishes any lottery | 15 | | ticket or share,
or any policy ticket, slip, record, | 16 | | document or similar device, except for
such activity | 17 | | related to lotteries, bingo games and raffles authorized by
| 18 | | and conducted in accordance with the laws of Illinois or | 19 | | any other state or
foreign government;
| 20 | | (10) knowingly advertises any lottery or policy game, | 21 | | except for such
activity related to lotteries, bingo games | 22 | | and raffles authorized by and
conducted in accordance with | 23 | | the laws of Illinois or any other state;
| 24 | | (11) knowingly transmits information as to wagers, | 25 | | betting odds, or
changes in betting odds by telephone, | 26 | | telegraph, radio, semaphore or
similar means; or knowingly |
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| 1 | | installs or maintains equipment for the
transmission or | 2 | | receipt of such information; except that nothing in this
| 3 | | subdivision (11) prohibits transmission or receipt of such | 4 | | information
for use in news reporting of sporting events or | 5 | | contests; or
| 6 | | (12) knowingly establishes, maintains, or operates an | 7 | | Internet site that
permits a person to play a game of
| 8 | | chance or skill for money or other thing of value by means | 9 | | of the Internet or
to make a wager upon the
result of any | 10 | | game, contest, political nomination, appointment, or
| 11 | | election by means of the Internet. This item (12) does not | 12 | | apply to activities referenced in items (6) and (6.1) of | 13 | | subsection (b) of this Section.
| 14 | | (b) Participants in any of the following activities shall | 15 | | not be
convicted of gambling:
| 16 | | (1) Agreements to compensate for loss caused by the | 17 | | happening of
chance including without limitation contracts | 18 | | of indemnity or guaranty
and life or health or accident | 19 | | insurance.
| 20 | | (2) Offers of prizes, award or compensation to the | 21 | | actual
contestants in any bona fide contest for the | 22 | | determination of skill,
speed, strength or endurance or to | 23 | | the owners of animals or vehicles
entered in such contest.
| 24 | | (3) Pari-mutuel betting as authorized by the law of | 25 | | this State.
| 26 | | (4) Manufacture of gambling devices, including the |
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| 1 | | acquisition of
essential parts therefor and the assembly | 2 | | thereof, for transportation in
interstate or foreign | 3 | | commerce to any place outside this State when such
| 4 | | transportation is not prohibited by any applicable Federal | 5 | | law; or the
manufacture, distribution, or possession of | 6 | | video gaming terminals, as
defined in the Video Gaming Act, | 7 | | by manufacturers, distributors, and
terminal operators | 8 | | licensed to do so under the Video Gaming Act.
| 9 | | (5) The game commonly known as "bingo", when conducted | 10 | | in accordance
with the Bingo License and Tax Act.
| 11 | | (6) Lotteries when conducted by the State of Illinois | 12 | | in accordance
with the Illinois Lottery Law. This exemption | 13 | | includes any activity conducted by the Department of | 14 | | Revenue to sell lottery tickets pursuant to the provisions | 15 | | of the Illinois Lottery Law and its rules.
| 16 | | (6.1) The purchase of lottery tickets through the | 17 | | Internet for a lottery conducted by the State of Illinois | 18 | | under the program established in Section 7.12 of the | 19 | | Illinois Lottery Law.
| 20 | | (7) Possession of an antique slot machine that is | 21 | | neither used nor
intended to be used in the operation or | 22 | | promotion of any unlawful
gambling activity or enterprise. | 23 | | For the purpose of this subparagraph
(b)(7), an antique | 24 | | slot machine is one manufactured 25 years ago or earlier.
| 25 | | (8) Raffles and poker runs when conducted in accordance | 26 | | with the Raffles and Poker Runs Act.
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| 1 | | (9) Charitable games when conducted in accordance with | 2 | | the Charitable
Games Act.
| 3 | | (10) Pull tabs and jar games when conducted under the | 4 | | Illinois Pull
Tabs and Jar Games Act.
| 5 | | (11) Gambling games conducted on riverboats when
| 6 | | authorized by the Riverboat Gambling Act.
| 7 | | (12) Video gaming terminal games at a licensed | 8 | | establishment, licensed truck stop establishment,
licensed
| 9 | | fraternal establishment, or licensed veterans | 10 | | establishment when
conducted in accordance with the Video | 11 | | Gaming Act. | 12 | | (13) Games of skill or chance where money or other | 13 | | things of value can be won but no payment or purchase is | 14 | | required to participate. | 15 | | (14) Savings promotion raffles authorized under | 16 | | Section 5g of the Illinois Banking Act, Section 7008 of the | 17 | | Savings Bank Act, Section 42.7 of the Illinois Credit Union | 18 | | Act, Section 5136B of the National Bank Act (12 U.S.C. | 19 | | 25a), or Section 4 of the Home Owners' Loan Act (12 U.S.C. | 20 | | 1463). | 21 | | (c) Sentence.
| 22 | | Gambling is a
Class A misdemeanor. A second or
subsequent | 23 | | conviction under subsections (a)(3) through (a)(12),
is a Class | 24 | | 4 felony.
| 25 | | (d) Circumstantial evidence.
| 26 | | In prosecutions under
this
Section circumstantial evidence |
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| 1 | | shall have the same validity and weight as
in any criminal | 2 | | prosecution.
| 3 | | (Source: P.A. 97-1108, eff. 1-1-13; 98-644, eff. 6-10-14.)
| 4 | | (720 ILCS 5/28-1.1)
(from Ch. 38, par. 28-1.1)
| 5 | | Sec. 28-1.1. Syndicated gambling.
| 6 | | (a) Declaration of Purpose. Recognizing the close | 7 | | relationship between
professional gambling and other organized | 8 | | crime, it is declared to be the
policy of the legislature to | 9 | | restrain persons from engaging in the business
of gambling for | 10 | | profit in this State. This Section shall be liberally
construed | 11 | | and administered with a view to carrying out this policy.
| 12 | | (b) A person commits syndicated gambling when he or she | 13 | | operates a "policy
game" or engages in the business of | 14 | | bookmaking.
| 15 | | (c) A person "operates a policy game" when he or she | 16 | | knowingly uses any
premises or property for the purpose of | 17 | | receiving or knowingly does
receive from what is commonly | 18 | | called "policy":
| 19 | | (1) money from a person other than the bettor or player | 20 | | whose
bets or plays are represented by the money; or
| 21 | | (2) written "policy game" records, made or used over | 22 | | any
period of time, from a person other than the bettor or | 23 | | player whose bets
or plays are represented by the written | 24 | | record.
| 25 | | (d) A person engages in bookmaking when he or she knowingly |
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| 1 | | receives or accepts more
than five bets or wagers upon the | 2 | | result of any trials or contests of
skill, speed or power of | 3 | | endurance or upon any lot, chance, casualty,
unknown or | 4 | | contingent event whatsoever, which bets or wagers shall be of
| 5 | | such size that the total of the amounts of money paid or | 6 | | promised to be
paid to the bookmaker on account thereof shall | 7 | | exceed $2,000.
Bookmaking is the receiving or accepting of bets | 8 | | or wagers
regardless of the form or manner in which the | 9 | | bookmaker records them.
| 10 | | (e) Participants in any of the following activities shall | 11 | | not be
convicted of syndicated gambling:
| 12 | | (1) Agreements to compensate for loss caused by the | 13 | | happening
of chance including without limitation contracts | 14 | | of indemnity or
guaranty and life or health or accident | 15 | | insurance;
| 16 | | (2) Offers of prizes, award or compensation to the | 17 | | actual
contestants in any bona fide contest for the | 18 | | determination of skill,
speed, strength or endurance or to | 19 | | the owners of animals or vehicles
entered in the contest;
| 20 | | (3) Pari-mutuel betting as authorized by law of this | 21 | | State;
| 22 | | (4) Manufacture of gambling devices, including the | 23 | | acquisition
of essential parts therefor and the assembly | 24 | | thereof, for transportation
in interstate or foreign | 25 | | commerce to any place outside this State when
the | 26 | | transportation is not prohibited by any applicable Federal |
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| 1 | | law;
| 2 | | (5) Raffles and poker runs when conducted in accordance | 3 | | with the Raffles and Poker Runs Act;
| 4 | | (6) Gambling games conducted on riverboats when
| 5 | | authorized by the Riverboat Gambling Act; and
| 6 | | (7) Video gaming terminal games at a licensed | 7 | | establishment, licensed truck stop establishment,
licensed
| 8 | | fraternal establishment, or licensed veterans | 9 | | establishment
when conducted in accordance with the Video | 10 | | Gaming Act ; and .
| 11 | | (8) Savings promotion raffles authorized under Section | 12 | | 5g of the Illinois Banking Act, Section 7008 of the Savings | 13 | | Bank Act, Section 42.7 of the Illinois Credit Union Act, | 14 | | Section 5136B of the National Bank Act (12 U.S.C. 25a), or | 15 | | Section 4 of the Home Owners' Loan Act (12 U.S.C. 1463). | 16 | | (f) Sentence. Syndicated gambling is a Class 3 felony.
| 17 | | (Source: P.A. 97-1108, eff. 1-1-13; 98-644, eff. 6-10-14.)
| 18 | | (720 ILCS 5/28-2) (from Ch. 38, par. 28-2)
| 19 | | Sec. 28-2. Definitions.
| 20 | | (a) A "gambling device" is any clock, tape machine, slot | 21 | | machine or
other machines or device for the reception of money | 22 | | or other thing of value
on chance or skill or upon the action | 23 | | of which money or other thing of
value is staked, hazarded, | 24 | | bet, won or lost; or any mechanism, furniture,
fixture, | 25 | | equipment or other device designed primarily for use in a |
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| 1 | | gambling
place. A "gambling device" does not include:
| 2 | | (1) A coin-in-the-slot operated mechanical device | 3 | | played for amusement
which rewards the player with the | 4 | | right to replay such mechanical device,
which device is so | 5 | | constructed or devised as to make such result of the
| 6 | | operation thereof depend in part upon the skill of the | 7 | | player and which
returns to the player thereof no money, | 8 | | property or right to receive money
or property.
| 9 | | (2) Vending machines by which full and adequate return | 10 | | is made for the
money invested and in which there is no | 11 | | element of chance or hazard.
| 12 | | (3) A crane game. For the purposes of this paragraph | 13 | | (3), a "crane
game" is an amusement device involving skill, | 14 | | if it rewards the player
exclusively with merchandise | 15 | | contained within the amusement device proper
and limited to | 16 | | toys, novelties and prizes other than currency, each having
| 17 | | a wholesale value which is not more than $25.
| 18 | | (4) A redemption machine. For the purposes of this | 19 | | paragraph (4), a
"redemption machine" is a single-player or | 20 | | multi-player amusement device
involving a game, the object | 21 | | of which is throwing, rolling, bowling,
shooting, placing, | 22 | | or propelling a ball or other object that is either | 23 | | physical or computer generated on a display or with lights | 24 | | into, upon, or
against a hole or other target that is | 25 | | either physical or computer generated on a display or with | 26 | | lights, or stopping, by physical, mechanical, or |
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| 1 | | electronic means, a moving object that is either physical | 2 | | or computer generated on a display or with lights into, | 3 | | upon, or
against a hole or other target that is either | 4 | | physical or computer generated on a display or with lights, | 5 | | provided that all of the following
conditions are met:
| 6 | | (A) The outcome of the game is predominantly | 7 | | determined by the
skill of the player.
| 8 | | (B) The award of the prize is based solely upon the | 9 | | player's
achieving the object of the game or otherwise | 10 | | upon the player's score.
| 11 | | (C) Only merchandise prizes are awarded.
| 12 | | (D) The wholesale value of prizes awarded in lieu | 13 | | of tickets
or tokens for single play of the device does | 14 | | not exceed $25.
| 15 | | (E) The redemption value of tickets, tokens, and | 16 | | other representations
of value, which may be | 17 | | accumulated by players to redeem prizes of greater
| 18 | | value, for a single play of the device does not exceed | 19 | | $25.
| 20 | | (5) Video gaming terminals at a licensed | 21 | | establishment, licensed truck stop establishment,
licensed
| 22 | | fraternal establishment, or licensed veterans | 23 | | establishment licensed in accordance with the Video Gaming | 24 | | Act. | 25 | | (a-5) "Internet" means an interactive computer service or | 26 | | system or an
information service, system, or access software |
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| 1 | | provider that provides or
enables computer access by multiple | 2 | | users to a computer server, and includes,
but is not limited | 3 | | to, an information service, system, or access software
provider | 4 | | that provides access to a network system commonly known as the
| 5 | | Internet, or any comparable system or service and also | 6 | | includes, but is not
limited to, a World Wide Web page, | 7 | | newsgroup, message board, mailing list, or
chat area on any | 8 | | interactive computer service or system or other online
service.
| 9 | | (a-6) "Access" and "computer" have the meanings ascribed to | 10 | | them in
Section
16D-2 of this Code.
| 11 | | (b) A "lottery" is any scheme or procedure whereby one or | 12 | | more prizes
are distributed by chance among persons who have | 13 | | paid or promised
consideration for a chance to win such prizes, | 14 | | whether such scheme or
procedure is called a lottery, raffle, | 15 | | gift, sale or some other name , excluding savings promotion | 16 | | raffles authorized under Section 5g of the Illinois Banking | 17 | | Act, Section 7008 of the Savings Bank Act, Section 42.7 of the | 18 | | Illinois Credit Union Act, Section 5136B of the National Bank | 19 | | Act (12 U.S.C. 25a), or Section 4 of the Home Owners' Loan Act | 20 | | (12 U.S.C. 1463) .
| 21 | | (c) A "policy game" is any scheme or procedure whereby a | 22 | | person promises
or guarantees by any instrument, bill, | 23 | | certificate, writing, token or other
device that any particular | 24 | | number, character, ticket or certificate shall
in the event of | 25 | | any contingency in the nature of a lottery entitle the
| 26 | | purchaser or holder to receive money, property or evidence of |
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| 1 | | debt.
| 2 | | (Source: P.A. 97-1126, eff. 1-1-13; 98-31, eff. 6-24-13.)".
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