Full Text of HB3308 101st General Assembly
HB3308ham003 101ST GENERAL ASSEMBLY | Rep. André Thapedi Filed: 3/21/2019
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| 1 | | AMENDMENT TO HOUSE BILL 3308
| 2 | | AMENDMENT NO. ______. Amend House Bill 3308 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Sports Wagering Act. | 6 | | Section 5. Definitions. As used in this Act: | 7 | | "Board" means the Illinois Gaming Board. | 8 | | "Gaming facility" means a facility in this State that is | 9 | | authorized to conduct gambling operations under the Riverboat | 10 | | Gambling Act and a facility at which inter-track wagering is | 11 | | conducted pursuant to an inter-track wagering license under the | 12 | | Illinois Horse Racing Act of 1975. | 13 | | "Interactive sports wagering platform" means a person or | 14 | | entity licensed to offer sports wagering over the Internet, | 15 | | including on websites and mobile devices. | 16 | | "Official league data" means statistics, results, |
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| 1 | | outcomes, and other data relating to a sporting event obtained | 2 | | pursuant to an agreement with the relevant sports governing | 3 | | body, or an entity expressly authorized by the sports governing | 4 | | body to provide such information to sports wagering operators | 5 | | and interactive sports wagering platforms, which authorizes | 6 | | the use of such data for determining the outcome of tier 2 | 7 | | sports wagers. | 8 | | "Sports facility" includes Guaranteed Rate Field, located | 9 | | at 333 West 35th Street in Chicago, Soldier Field, located at | 10 | | 1410 Museum Campus Drive in Chicago, United Center, located at | 11 | | 1901 West Madison in Chicago, Wrigley Field, located at 1060 | 12 | | West Addison in Chicago, and the site of a professional golf | 13 | | tournament conducted by the Professional Golfers' Association
| 14 | | of America within the State on a temporary basis during the | 15 | | relevant tournament. | 16 | | "Sports governing body" means the organization that | 17 | | prescribes final rules and enforces codes of conduct with | 18 | | respect to a sporting event and participants therein. | 19 | | "Sports wagering" means accepting wagers on sporting | 20 | | events or portions of sporting events, or on the individual | 21 | | performance statistics of athletes in a sporting event or | 22 | | combination of sporting events, by any system or method of | 23 | | wagering, including, but not limited to, in person or over the | 24 | | Internet through websites and on mobile devices. "Sports | 25 | | wagering" includes, but is not limited to, single-game bets, | 26 | | teaser bets, parlays, over-under, moneyline, pools, exchange |
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| 1 | | wagering, in-game wagering, in-play bets, proposition bets, | 2 | | and straight bets. | 3 | | "Sports wagering operator" means an owners licensee under | 4 | | the Riverboat Gambling Act or an organization licensee under | 5 | | the Illinois Horse Racing Act of 1975 that is licensed to offer | 6 | | sports wagering. | 7 | | "Tier 1 sports wager" means a sports wager that is | 8 | | determined solely by the final score or final outcome of the | 9 | | sporting event and is placed before the sporting event has | 10 | | begun. | 11 | | "Tier 2 sports wager" means a sports wager that is not a | 12 | | tier 1 sports wager. | 13 | | "Wager" or "bet" means the staking or risking by a person | 14 | | of something of value upon an agreement or understanding that | 15 | | the person or another person will receive something of value in | 16 | | the event of a certain outcome. "Wager" or "bet" does not | 17 | | include: | 18 | | (1) any activity governed by the securities laws of the | 19 | | United States or this State; | 20 | | (2) any contract of indemnity or guarantee; | 21 | | (3) any contract for insurance; or | 22 | | (4) participation in any game or contest in which the | 23 | | participants do not stake or risk anything of value other | 24 | | than personal efforts of the participants in playing the | 25 | | game or contest or obtaining access to the Internet, or | 26 | | points or credits that the sponsor of the game or contest |
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| 1 | | provides to participants free of charge and that can be | 2 | | used or redeemed only for participation in games or | 3 | | contests offered by the sponsor. | 4 | | Section 10. Sports wagering by sports wagering operators. | 5 | | (a) Sports wagering may not be offered in this State except | 6 | | by a sports wagering operator in accordance with this Act. | 7 | | (b) A sports wagering operator may offer sports wagering: | 8 | | (1) in person at the gaming facility; and | 9 | | (2) over the Internet through an interactive sports | 10 | | wagering platform to persons physically located in this | 11 | | State. | 12 | | (c) A sports wagering operator may contract with | 13 | | interactive sports wagering platforms to administer sports | 14 | | wagering over the Internet on its behalf. | 15 | | (d) To offer sports wagering, a sports wagering operator | 16 | | shall pay to the Board an initial fee of $10,000,000. A sports | 17 | | wagering operator shall pay to the Board a renewal fee of | 18 | | $250,000 every 5 years. | 19 | | Section 15. Sports wagering at a sports facility. No gaming | 20 | | facility may be located at or within a 5-block radius of a | 21 | | sports facility. However, sports wagering may be offered in | 22 | | person at or within a 5-block radius of a sports facility if | 23 | | sports wagering is offered by a sports wagering operator and | 24 | | the sports wagering operator has received written |
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| 1 | | authorization from the Major League Baseball, National | 2 | | Basketball Association, National Football League, or National | 3 | | Hockey League team that plays its home contests at the sports | 4 | | facility or the Professional Golfers' Association
of America | 5 | | for a professional golf tournament. If more than one | 6 | | professional sports team plays its home contests at the same | 7 | | sports facility, written authorization is required from all the | 8 | | professional sports teams that play home contests at the sports | 9 | | facility. | 10 | | Section 20. Sports wagering by interactive sports wagering | 11 | | platforms. | 12 | | (a) An interactive sports wagering platform may offer | 13 | | sports wagering only if it holds an interactive sports wagering | 14 | | platform license issued by the Board. | 15 | | (b) An applicant for an interactive sports wagering | 16 | | platform license shall: | 17 | | (1) submit an application to the Board in the manner | 18 | | prescribed by the Board to verify the interactive sports | 19 | | wagering platform's eligibility under this Act; and | 20 | | (2) pay an initial fee of $10,000,000. | 21 | | (c) Every 5 years on or before the anniversary date of the | 22 | | payment of the initial fee made under paragraph (2) of | 23 | | subsection (b), if an interactive sports wagering platform | 24 | | license has been issued, an interactive sports wagering | 25 | | platform shall pay to the Board a license renewal fee of |
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| 1 | | $250,000. | 2 | | (d) Notwithstanding any other provision of law, an | 3 | | interactive sports wagering platform license application and | 4 | | all documents, reports, and data submitted by an interactive | 5 | | sports wagering platform to the Board containing proprietary | 6 | | information, trade secrets, financial information, or personal | 7 | | information about any person shall be treated by the Board as | 8 | | closed records and shall not to be disclosed to the public | 9 | | unless required by a court order, this Act, or another law. | 10 | | (e) An interactive sports wagering platform may enter into | 11 | | agreements to offer sports wagering on behalf of one or more | 12 | | sports wagering operators without limitation. Such agreements | 13 | | are not prerequisites to obtaining an interactive sports | 14 | | wagering platform license. | 15 | | (f) No interactive sports wagering platform may offer | 16 | | sports wagering over the Internet on any device, terminal, or | 17 | | other mechanism that is owned by, controlled by, or otherwise | 18 | | affiliated with a terminal operator licensed under the Video | 19 | | Gaming Act. | 20 | | Section 25. Sports wagering; consumer protections. | 21 | | (a) Sports wagering operators and interactive sports | 22 | | wagering platforms shall verify that a person placing a wager, | 23 | | including with respect to online or mobile betting, is of the | 24 | | legal minimum age for placing such a wager. | 25 | | (b) Sports wagering operators and interactive sports |
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| 1 | | wagering platforms shall allow individuals to restrict | 2 | | themselves from placing wagers with the sports wagering | 3 | | operator or interactive sports wagering platform, including | 4 | | limits on the time spent betting and amounts wagered, and take | 5 | | reasonable steps to prevent those individuals from placing such | 6 | | wagers, including upon request of such individual to share the | 7 | | request with the Board for the sole purpose of disseminating | 8 | | the request to other sports wagering operators and interactive | 9 | | sports wagering platforms. | 10 | | (c) The Board shall adopt rules that require sports | 11 | | wagering operators and interactive sports wagering platforms | 12 | | to implement responsible gaming programs that include | 13 | | comprehensive employee training on responding to circumstances | 14 | | in which individuals present signs of a gambling addiction. | 15 | | (d) The Board shall adopt rules to ensure that sports | 16 | | wagering operators' and interactive sports wagering platforms' | 17 | | advertisements for sports wagering: | 18 | | (1) do not target minors or other persons who are | 19 | | ineligible to place wagers, problem gamblers, or other | 20 | | vulnerable persons, which may include limitations on the | 21 | | form, content, quantity, timing, and location of | 22 | | advertisements; | 23 | | (2) disclose the identity of the sports wagering | 24 | | operator or interactive sports wagering platform; | 25 | | (3) provide information about or links to resources | 26 | | relating to gambling addiction; and |
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| 1 | | (4) are not false, misleading, or deceptive to a | 2 | | reasonable consumer. | 3 | | (e) A person placing a wager with sports wagering operators | 4 | | and interactive sports wagering platforms shall be at least 21 | 5 | | years of age. | 6 | | Section 30. Integrity requirements. | 7 | | (a) Sports wagering operators and interactive sports | 8 | | wagering platforms shall conduct background checks on newly | 9 | | hired employees and annual background checks on all existing | 10 | | employees. Background checks shall include searches for | 11 | | criminal history and any charges or convictions involving | 12 | | corruption or manipulation of sporting events and association | 13 | | with organized crime. | 14 | | (b) Sports wagering operators and interactive sports | 15 | | wagering platforms shall employ commercially reasonable | 16 | | methods to: | 17 | | (1) prohibit sports wagering operators and interactive | 18 | | sports wagering platforms, directors, officers, owners, | 19 | | and employees of sports wagering operators and interactive | 20 | | sports wagering platforms, and any relative living in the | 21 | | same household as such persons, from placing bets with | 22 | | sports wagering operators and interactive sports wagering | 23 | | platforms; | 24 | | (2) prohibit athletes, coaches, referees, team owners, | 25 | | and employees of a sports governing body or its member |
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| 1 | | teams and player and referee union personnel from wagering | 2 | | on any sporting event overseen by their sport's governing | 3 | | body; in determining which persons are excluded from | 4 | | placing wagers under this paragraph, sports wagering | 5 | | operators and interactive sports wagering platforms shall | 6 | | use publicly available information and any lists of such | 7 | | persons that the sports governing body may provide to the | 8 | | Board; | 9 | | (3) prohibit any individual with access to non-public | 10 | | confidential information held by the sports wagering | 11 | | operator or interactive sports wagering platform from | 12 | | placing wagers with the sports wagering operator or | 13 | | interactive sports wagering platform; | 14 | | (4) prohibit persons from placing wagers as agents or | 15 | | proxies for others; and | 16 | | (5) maintain the security of wagering data, customer | 17 | | data, and other confidential information from unauthorized | 18 | | access and dissemination; however, nothing in this Act | 19 | | shall preclude the use of Internet or cloud-based hosting | 20 | | of such data and information or disclosure as required by a | 21 | | court order, another law, or this Act. | 22 | | (c) A sports governing body may notify the Board that it | 23 | | desires to restrict, limit, or exclude sports wagering on its | 24 | | sporting events by providing notice in the form and manner as | 25 | | the Board may require, including, without limitation, | 26 | | restrictions on the sources of data and associated video upon |
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| 1 | | which a sports wagering operator or interactive sports wagering | 2 | | platform may rely in offering and paying wagers and the bet | 3 | | types that may be offered. Upon receiving such notice, the | 4 | | Board shall only deny a request if it deems such request | 5 | | arbitrary and capricious. If the Board denies a request, the | 6 | | sports governing body shall be afforded notice and the right to | 7 | | be heard and offer proof in opposition to such determination in | 8 | | accordance with the rules of the Board. Offering or taking | 9 | | wagers contrary to restrictions adopted by the Board is a | 10 | | violation of this Section. If a request is submitted in | 11 | | relation to an emergency situation, the chairman of the Board | 12 | | may temporarily grant the request of the sports governing body | 13 | | until the Board makes a final determination as to whether such | 14 | | request is arbitrary and capricious. | 15 | | (d) The Board shall designate a State law enforcement | 16 | | entity to have primary responsibility for conducting or | 17 | | assisting the Board in conducting investigations into abnormal | 18 | | betting activity, match fixing, and other conduct that corrupts | 19 | | a betting outcome of a sporting event or events for purposes of | 20 | | financial gain. | 21 | | (e) The Board, sports wagering operators, and interactive | 22 | | sports wagering platforms shall cooperate with investigations | 23 | | conducted by sports governing bodies or law enforcement | 24 | | agencies, including, but not limited to, providing or | 25 | | facilitating the provision of account-level betting | 26 | | information and audio or video files relating to persons |
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| 1 | | placing wagers. | 2 | | (f) Sports wagering operators and interactive sports | 3 | | wagering platforms shall immediately report to the Board any | 4 | | information relating to: | 5 | | (1) criminal or disciplinary proceedings commenced | 6 | | against the sports wagering operator or interactive sports | 7 | | wagering platform in connection with its operations; | 8 | | (2) abnormal betting activity or patterns that may | 9 | | indicate a concern with the integrity of a sporting event | 10 | | or events; | 11 | | (3) any potential breach of the relevant sports | 12 | | governing body's internal rules and codes of conduct | 13 | | pertaining to sports wagering; | 14 | | (4) any other conduct that corrupts a betting outcome | 15 | | of a sporting event or events for purposes of financial | 16 | | gain, including match fixing; and | 17 | | (5) suspicious or illegal wagering activities, | 18 | | including use of funds derived from illegal activity, | 19 | | wagers to conceal or launder funds derived from illegal | 20 | | activity, using agents to place wagers, and using false | 21 | | identification. | 22 | | Sports wagering operators and interactive sports wagering | 23 | | platforms shall also immediately report information relating | 24 | | to conduct described in paragraphs (1), (2), and (3) to the | 25 | | relevant sports governing body. | 26 | | (g) Sports wagering operators and interactive sports |
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| 1 | | wagering platforms shall maintain the confidentiality of | 2 | | information provided by a sports governing body to sports | 3 | | wagering operators and interactive sports wagering platforms, | 4 | | unless disclosure is required by this Act, the Board, another | 5 | | law, or a court order. | 6 | | (h) The Board, sports wagering operators, and interactive | 7 | | sports wagering platforms shall maintain the confidentiality | 8 | | of all information relating to conduct described in paragraphs | 9 | | (1), (2), and (3) of paragraph (f) unless disclosure is | 10 | | required by this Act, another law, or a court order or | 11 | | authorized by the relevant sports governing body. Nothing in | 12 | | this Section prohibits the Board, a sports wagering operator, | 13 | | or an interactive sports wagering platform from making a | 14 | | confidential disclosure to another sports wagering operator, | 15 | | interactive sports wagering platform, a sports governing body, | 16 | | sports betting regulating entity, law enforcement entity, or | 17 | | other party for the purpose of preventing or investigating | 18 | | conduct that corrupts or could corrupt the outcome of a | 19 | | sporting event, including match fixing. | 20 | | (i) Except as provided in subsection (j), sports wagering | 21 | | operators and interactive sports wagering platforms may use any | 22 | | data source to determine the results of sports wagers if the | 23 | | data is not obtained directly or indirectly from live event | 24 | | attendees who collect the data in violation of the terms of | 25 | | admittance to an event or through automated computer programs | 26 | | that compile data from the Internet in violation of the terms |
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| 1 | | of service of the relevant website or other Internet platform. | 2 | | (j) A sports governing body may notify the Board that it | 3 | | desires to supply official league data to sports wagering | 4 | | operators for determining the results of tier 2 sports wagers. | 5 | | Such notification shall be made in the form and manner as the | 6 | | Board may require. Within 30 days after such notification by a | 7 | | sports governing body, a sports wagering operator or | 8 | | interactive sports wagering platform shall use only official | 9 | | league data to determine the results of tier 2 sports wagers, | 10 | | unless the sports wagering operator or interactive sports | 11 | | wagering platform can demonstrate to the Board that the sports | 12 | | governing body or its designee cannot provide a feed of | 13 | | official league data to the sports wagering operator or | 14 | | interactive sports wagering platform on commercially | 15 | | reasonable terms. | 16 | | (k) Any sports governing body may also enter into | 17 | | commercial agreements with sports wagering operators and | 18 | | interactive sports wagering platforms in which the sports | 19 | | governing body may share in the amount of bets or revenues | 20 | | derived from sports wagering on the sports governing body's | 21 | | sporting events. A sports governing body is not required to | 22 | | obtain a license or any other approval from the Board to | 23 | | lawfully accept such amounts or revenues. | 24 | | Section 35. Recordkeeping; information sharing; sports | 25 | | betting royalty. |
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| 1 | | (a) Sports wagering operators and interactive sports | 2 | | wagering platforms shall maintain records of all bets and | 3 | | wagers placed, including personally identifiable information | 4 | | of the bettor, amount and type of bet, time the bet was placed, | 5 | | location of the bet, including Internet protocol address, if | 6 | | applicable, the outcome of the bet, records of abnormal betting | 7 | | activity, and video camera recordings in the case of in person | 8 | | wagers for at least 3 years after the sporting event occurs and | 9 | | make such data available for inspection upon request of the | 10 | | Board or as required by a court order. | 11 | | (b) If a sports governing body has notified the Board that | 12 | | real-time information sharing for wagers placed on its sporting | 13 | | events is necessary and desirable, sports wagering operators | 14 | | and interactive sports wagering platforms shall share in real | 15 | | time, at the account level and in pseudononymous form, the | 16 | | information required to be retained pursuant to subsection (a) | 17 | | (other than video files) with the sports governing body or its | 18 | | designee with respect to wagers on its sporting events. Such | 19 | | information may be used by a sports governing body solely for | 20 | | integrity purposes. | 21 | | (c) Within 30 days after the end of each calendar quarter, | 22 | | sports wagering operators and interactive sports wagering | 23 | | platforms shall remit to the Board a royalty of 0.25% of the | 24 | | amounts wagered on sporting events. | 25 | | (1) The royalty shall be remitted on a form as the | 26 | | Board may require, on which the sports wagering operator |
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| 1 | | and interactive sports wagering platform shall identify | 2 | | the percentage of wagering during the reporting period | 3 | | attributable to each sports governing body's sporting | 4 | | events. | 5 | | (2) No later than April 30 of each year, a sports | 6 | | governing body may submit a request for disbursement funds | 7 | | remitted by sports wagering operators and interactive | 8 | | sports wagering platforms in the previous calendar year. | 9 | | The Board shall disburse the funds to the sports governing | 10 | | body in pro rata proportion of the total amount wagered on | 11 | | its sporting events. No sports governing body is required | 12 | | to obtain a license from the Board in order to lawfully | 13 | | accept the funds provided for in this paragraph (2). | 14 | | (3) The Board shall annually publish a report stating | 15 | | the amount received from sports wagering operators and | 16 | | interactive sports wagering platforms in royalties and the | 17 | | amount paid to sports governing bodies. | 18 | | (4) Any unclaimed royalties shall be distributed to the | 19 | | sports wagering operators and interactive sports wagering | 20 | | platforms that timely remitted the royalties required | 21 | | under this subsection (c) to the Board. Such royalties | 22 | | shall be distributed to the eligible sports wagering | 23 | | operators and interactive sports wagering platforms on a | 24 | | pro rata basis. | 25 | | (d) The Board shall cooperate with sports governing bodies, | 26 | | sports wagering operators, and interactive sports wagering |
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| 1 | | platforms to ensure the timely, efficient, and accurate sharing | 2 | | of information and the remittance of royalties to sports | 3 | | governing bodies or their designees. | 4 | | Section 40. Privilege tax; State Gaming Fund. For the | 5 | | privilege of offering sports wagering in this State, sports | 6 | | wagering operators and interactive sports wagering platforms | 7 | | shall pay a 12.5% tax on annual adjusted gross receipts to the | 8 | | Board. The Board shall deposit taxes paid under this Section | 9 | | and any fees and penalties collected under this Act into the | 10 | | State Gaming Fund and then transferred in equal amounts to the | 11 | | State Construction Account Fund, the Pension Stabilization | 12 | | Fund, and the Common School Fund. | 13 | | Section 45. Civil penalty. Any person, firm, corporation, | 14 | | association, agent, or employee who knowingly violates any | 15 | | procedure implemented under this Act shall be liable for a | 16 | | civil penalty of not more than $5,000 for each violation, not | 17 | | to exceed $50,000 for violations arising out of the same | 18 | | transaction or occurrence, which shall accrue to the State and | 19 | | may be recovered in a civil action brought by the Board. | 20 | | Section 50. Criminal liability. | 21 | | (a) A person shall be guilty of a Class 1 felony if he or | 22 | | she: | 23 | | (1) places, or causes to be placed, a bet or wager on |
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| 1 | | the basis of material nonpublic information relating to | 2 | | that bet or wager, while knowing that the information is | 3 | | material nonpublic information; or | 4 | | (2) knowingly engages in, facilitates, or conceals | 5 | | conduct that intends to improperly influence a betting | 6 | | outcome of a sporting event for purposes of financial gain, | 7 | | in connection with betting or wagering on a sporting event. | 8 | | (b) Any person or sports wagering operator who violates | 9 | | paragraph (2) of subsection (a) shall be liable to the relevant | 10 | | sports governing body, which sports governing body may sue | 11 | | either at law or in equity in any court of competent | 12 | | jurisdiction. | 13 | | (c) As used in this Section, a bet or wager is "on the | 14 | | basis of" material nonpublic information relating to that bet | 15 | | or wager if the person placing the bet or wager, or causing it | 16 | | to be placed, was aware of the material nonpublic information | 17 | | when such person placed the bet or wager or caused it to be | 18 | | placed.
| 19 | | Section 90. The Criminal Code of 2012 is amended by | 20 | | changing Sections 28-1 and 28-3 as follows:
| 21 | | (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
| 22 | | Sec. 28-1. Gambling.
| 23 | | (a) A person commits gambling when he or she:
| 24 | | (1) knowingly plays a game of chance or skill for money |
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| 1 | | or other thing of
value, unless excepted in subsection (b) | 2 | | of this Section;
| 3 | | (2) knowingly makes a wager upon the result of any | 4 | | game, contest, or any
political nomination, appointment or | 5 | | election;
| 6 | | (3) knowingly operates, keeps, owns, uses, purchases, | 7 | | exhibits, rents, sells,
bargains for the sale or lease of, | 8 | | manufactures or distributes any
gambling device;
| 9 | | (4) contracts to have or give himself or herself or | 10 | | another the option to buy
or sell, or contracts to buy or | 11 | | sell, at a future time, any grain or
other commodity | 12 | | whatsoever, or any stock or security of any company,
where | 13 | | it is at the time of making such contract intended by both | 14 | | parties
thereto that the contract to buy or sell, or the | 15 | | option, whenever
exercised, or the contract resulting | 16 | | therefrom, shall be settled, not by
the receipt or delivery | 17 | | of such property, but by the payment only of
differences in | 18 | | prices thereof; however, the issuance, purchase, sale,
| 19 | | exercise, endorsement or guarantee, by or through a person | 20 | | registered
with the Secretary of State pursuant to Section | 21 | | 8 of the Illinois
Securities Law of 1953, or by or through | 22 | | a person exempt from such
registration under said Section | 23 | | 8, of a put, call, or other option to
buy or sell | 24 | | securities which have been registered with the Secretary of
| 25 | | State or which are exempt from such registration under | 26 | | Section 3 of the
Illinois Securities Law of 1953 is not |
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| 1 | | gambling within the meaning of
this paragraph (4);
| 2 | | (5) knowingly owns or possesses any book, instrument or | 3 | | apparatus by
means of which bets or wagers have been, or | 4 | | are, recorded or registered,
or knowingly possesses any | 5 | | money which he has received in the course of
a bet or | 6 | | wager;
| 7 | | (6) knowingly sells pools upon the result of any game | 8 | | or contest of skill or
chance, political nomination, | 9 | | appointment or election;
| 10 | | (7) knowingly sets up or promotes any lottery or sells, | 11 | | offers to sell or
transfers any ticket or share for any | 12 | | lottery;
| 13 | | (8) knowingly sets up or promotes any policy game or | 14 | | sells, offers to sell or
knowingly possesses or transfers | 15 | | any policy ticket, slip, record,
document or other similar | 16 | | device;
| 17 | | (9) knowingly drafts, prints or publishes any lottery | 18 | | ticket or share,
or any policy ticket, slip, record, | 19 | | document or similar device, except for
such activity | 20 | | related to lotteries, bingo games and raffles authorized by
| 21 | | and conducted in accordance with the laws of Illinois or | 22 | | any other state or
foreign government;
| 23 | | (10) knowingly advertises any lottery or policy game, | 24 | | except for such
activity related to lotteries, bingo games | 25 | | and raffles authorized by and
conducted in accordance with | 26 | | the laws of Illinois or any other state;
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| 1 | | (11) knowingly transmits information as to wagers, | 2 | | betting odds, or
changes in betting odds by telephone, | 3 | | telegraph, radio, semaphore or
similar means; or knowingly | 4 | | installs or maintains equipment for the
transmission or | 5 | | receipt of such information; except that nothing in this
| 6 | | subdivision (11) prohibits transmission or receipt of such | 7 | | information
for use in news reporting of sporting events or | 8 | | contests; or
| 9 | | (12) knowingly establishes, maintains, or operates an | 10 | | Internet site that
permits a person to play a game of
| 11 | | chance or skill for money or other thing of value by means | 12 | | of the Internet or
to make a wager upon the
result of any | 13 | | game, contest, political nomination, appointment, or
| 14 | | election by means of the Internet. This item (12) does not | 15 | | apply to activities referenced in items (6) , and (6.1) , and | 16 | | (15) of subsection (b) of this Section.
| 17 | | (b) Participants in any of the following activities shall | 18 | | not be
convicted of gambling:
| 19 | | (1) Agreements to compensate for loss caused by the | 20 | | happening of
chance including without limitation contracts | 21 | | of indemnity or guaranty
and life or health or accident | 22 | | insurance.
| 23 | | (2) Offers of prizes, award or compensation to the | 24 | | actual
contestants in any bona fide contest for the | 25 | | determination of skill,
speed, strength or endurance or to | 26 | | the owners of animals or vehicles
entered in such contest.
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| 1 | | (3) Pari-mutuel betting as authorized by the law of | 2 | | this State.
| 3 | | (4) Manufacture of gambling devices, including the | 4 | | acquisition of
essential parts therefor and the assembly | 5 | | thereof, for transportation in
interstate or foreign | 6 | | commerce to any place outside this State when such
| 7 | | transportation is not prohibited by any applicable Federal | 8 | | law; or the
manufacture, distribution, or possession of | 9 | | video gaming terminals, as
defined in the Video Gaming Act, | 10 | | by manufacturers, distributors, and
terminal operators | 11 | | licensed to do so under the Video Gaming Act.
| 12 | | (5) The game commonly known as "bingo", when conducted | 13 | | in accordance
with the Bingo License and Tax Act.
| 14 | | (6) Lotteries when conducted by the State of Illinois | 15 | | in accordance
with the Illinois Lottery Law. This exemption | 16 | | includes any activity conducted by the Department of | 17 | | Revenue to sell lottery tickets pursuant to the provisions | 18 | | of the Illinois Lottery Law and its rules.
| 19 | | (6.1) The purchase of lottery tickets through the | 20 | | Internet for a lottery conducted by the State of Illinois | 21 | | under the program established in Section 7.12 of the | 22 | | Illinois Lottery Law.
| 23 | | (7) Possession of an antique slot machine that is | 24 | | neither used nor
intended to be used in the operation or | 25 | | promotion of any unlawful
gambling activity or enterprise. | 26 | | For the purpose of this subparagraph
(b)(7), an antique |
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| 1 | | slot machine is one manufactured 25 years ago or earlier.
| 2 | | (8) Raffles and poker runs when conducted in accordance | 3 | | with the Raffles and Poker Runs Act.
| 4 | | (9) Charitable games when conducted in accordance with | 5 | | the Charitable
Games Act.
| 6 | | (10) Pull tabs and jar games when conducted under the | 7 | | Illinois Pull
Tabs and Jar Games Act.
| 8 | | (11) Gambling games conducted on riverboats when
| 9 | | authorized by the Riverboat Gambling Act.
| 10 | | (12) Video gaming terminal games at a licensed | 11 | | establishment, licensed truck stop establishment,
licensed
| 12 | | fraternal establishment, or licensed veterans | 13 | | establishment when
conducted in accordance with the Video | 14 | | Gaming Act. | 15 | | (13) Games of skill or chance where money or other | 16 | | things of value can be won but no payment or purchase is | 17 | | required to participate. | 18 | | (14) Savings promotion raffles authorized under | 19 | | Section 5g of the Illinois Banking Act, Section 7008 of the | 20 | | Savings Bank Act, Section 42.7 of the Illinois Credit Union | 21 | | Act, Section 5136B of the National Bank Act (12 U.S.C. | 22 | | 25a), or Section 4 of the Home Owners' Loan Act (12 U.S.C. | 23 | | 1463). | 24 | | (15) Sports wagering when conducted in accordance with | 25 | | the Sports Wagering Act. | 26 | | (c) Sentence.
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| 1 | | Gambling is a
Class A misdemeanor. A second or
subsequent | 2 | | conviction under subsections (a)(3) through (a)(12),
is a Class | 3 | | 4 felony.
| 4 | | (d) Circumstantial evidence.
| 5 | | In prosecutions under
this
Section circumstantial evidence | 6 | | shall have the same validity and weight as
in any criminal | 7 | | prosecution.
| 8 | | (Source: P.A. 98-644, eff. 6-10-14; 99-149, eff. 1-1-16 .)
| 9 | | (720 ILCS 5/28-3)
(from Ch. 38, par. 28-3)
| 10 | | Sec. 28-3. Keeping a Gambling Place. A "gambling place" is | 11 | | any real
estate, vehicle, boat or any other property whatsoever | 12 | | used for the
purposes of gambling other than gambling conducted | 13 | | in the manner authorized
by the Riverboat Gambling Act , the | 14 | | Sports Wagering Act, or the Video Gaming Act. Any person who
| 15 | | knowingly permits any premises
or property owned or occupied by | 16 | | him or under his control to be used as a
gambling place commits | 17 | | a Class A misdemeanor. Each subsequent offense is a
Class 4 | 18 | | felony. When any premises is determined by the circuit court to | 19 | | be
a gambling place:
| 20 | | (a) Such premises is a public nuisance and may be proceeded | 21 | | against as such,
and
| 22 | | (b) All licenses, permits or certificates issued by the | 23 | | State of
Illinois or any subdivision or public agency thereof | 24 | | authorizing the
serving of food or liquor on such premises | 25 | | shall be void; and no license,
permit or certificate so |
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| 1 | | cancelled shall be reissued for such premises for
a period of | 2 | | 60 days thereafter; nor shall any person convicted of keeping a
| 3 | | gambling place be reissued such license
for one year from his | 4 | | conviction and, after a second conviction of keeping
a gambling | 5 | | place, any such person shall not be reissued such license, and
| 6 | | (c) Such premises of any person who knowingly permits | 7 | | thereon a
violation of any Section of this Article shall be | 8 | | held liable for, and may
be sold to pay any unsatisfied | 9 | | judgment that may be recovered and any
unsatisfied fine that | 10 | | may be levied under any Section of this Article.
| 11 | | (Source: P.A. 96-34, eff. 7-13-09.)
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law.".
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