Full Text of SB3668 97th General Assembly
SB3668 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB3668 Introduced 2/10/2012, by Sen. Terry Link SYNOPSIS AS INTRODUCED: |
| 20 ILCS 1605/7.12 | | 230 ILCS 15/2 | from Ch. 85, par. 2302 | 720 ILCS 5/28-1 | from Ch. 38, par. 28-1 |
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Amends the Illinois Lottery Law. Makes a technical change in a Section concerning the internet pilot program. Amends the Raffles Act. Makes a technical change in a Section concerning licensing. Amends the Criminal Code of 1961. Makes a technical change in a Section concerning gambling.
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| | A BILL FOR |
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| 1 | | AN ACT concerning gambling.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Lottery Law is amended by changing | 5 | | Section 7.12 as follows: | 6 | | (20 ILCS 1605/7.12) | 7 | | Sec. 7.12. Internet pilot program. The The General Assembly | 8 | | finds that: | 9 | | (1) the consumer market in Illinois has changed since | 10 | | the creation of the Illinois State Lottery in 1974; | 11 | | (2) the Internet has become an integral part of | 12 | | everyday life for a significant number of Illinois | 13 | | residents not only in regards to their professional life, | 14 | | but also in regards to personal business and communication; | 15 | | and | 16 | | (3) the current practices of selling lottery tickets | 17 | | does not appeal to the new form of market participants who | 18 | | prefer to make purchases on the internet at their own | 19 | | convenience. | 20 | | It is the intent of the General Assembly to create an | 21 | | Internet pilot program for the sale of lottery tickets to | 22 | | capture this new form of market participant. | 23 | | The Department shall create a pilot program that allows an |
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| 1 | | individual 18 years of age or older to purchase lottery tickets | 2 | | or shares on the Internet without using a Lottery retailer with | 3 | | on-line status, as those terms are defined by rule. The | 4 | | Department shall restrict the sale of lottery tickets on the | 5 | | Internet to transactions initiated and received or otherwise | 6 | | made exclusively within the State of Illinois. The Department | 7 | | shall adopt rules necessary for the administration of this | 8 | | program. These rules shall include requirements for marketing | 9 | | of the Lottery to infrequent players. The provisions of this | 10 | | Act and the rules adopted under this Act shall apply to the | 11 | | sale of lottery tickets or shares under this program. | 12 | | Before beginning the pilot program, the Department of the | 13 | | Lottery must submit a request to the United States Department | 14 | | of Justice for review of the State's plan to implement a pilot | 15 | | program for the sale of lottery tickets on the Internet and its | 16 | | propriety under federal law. The Department shall implement the | 17 | | Internet pilot program only if the Department of Justice does | 18 | | not object to the implementation of the program within a | 19 | | reasonable period of time after its review. | 20 | | The Department is obligated to implement the pilot program | 21 | | set forth in this Section and Sections 7.15 and 7.16 only at | 22 | | such time, and to such extent, that the Department of Justice | 23 | | does not object to the implementation of the program within a | 24 | | reasonable period of time after its review. While the Illinois | 25 | | Lottery may only offer Lotto and Mega Millions games through | 26 | | the pilot program, the Department shall request review from the |
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| 1 | | federal Department of Justice for the Illinois Lottery to sell | 2 | | lottery tickets on the Internet on behalf of the State of | 3 | | Illinois that are not limited to just these games. | 4 | | The Department shall authorize the private manager to | 5 | | implement and administer the program pursuant to the management | 6 | | agreement entered into under Section 9.1 and in a manner | 7 | | consistent with the provisions of this Section. If a private | 8 | | manager has not been selected pursuant to Section 9.1 at the | 9 | | time the Department is obligated to implement the pilot | 10 | | program, then the Department shall not proceed with the pilot | 11 | | program until after the selection of the private manager, at | 12 | | which time the Department shall authorize the private manager | 13 | | to implement and administer the program pursuant to the | 14 | | management agreement entered into under Section 9.1 and in a | 15 | | manner consistent with the provisions of this Section. | 16 | | The pilot program shall last for not less than 36 months, | 17 | | but not more than 48 months from the date of its initial | 18 | | operation. | 19 | | Nothing in this Section shall be construed as prohibiting | 20 | | the Department from implementing and operating a website portal | 21 | | whereby individuals who are 18 years of age or older with an | 22 | | Illinois mailing address may apply to purchase lottery tickets | 23 | | via subscription. | 24 | | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-840, | 25 | | eff. 12-23-09; 97-464, eff. 10-15-11.) |
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| 1 | | Section 10. The Raffles Act is amended by changing Section | 2 | | 2 as follows:
| 3 | | (230 ILCS 15/2) (from Ch. 85, par. 2302)
| 4 | | Sec. 2. Licensing. (a) The The governing body of any county | 5 | | or municipality
within this State may establish a system for | 6 | | the licensing of organizations
to operate raffles. The | 7 | | governing bodies of a county and one or more
municipalities | 8 | | may, pursuant to a written contract, jointly establish a
system | 9 | | for the licensing of organizations to operate raffles within | 10 | | any
area of contiguous territory not contained within the | 11 | | corporate limits of a
municipality which is not a party to such | 12 | | contract. The governing bodies
of two or more adjacent counties | 13 | | or two or more adjacent municipalities
located within a county | 14 | | may, pursuant to a written contract, jointly
establish a system | 15 | | for the licensing of organizations to operate raffles
within | 16 | | the corporate limits of such counties or municipalities. The
| 17 | | licensing authority may establish special categories of | 18 | | licenses and
promulgate rules relating to the various | 19 | | categories. The licensing system
shall provide for limitations | 20 | | upon (1) the aggregate retail value of all
prizes or | 21 | | merchandise awarded by a licensee in a single raffle, (2) the
| 22 | | maximum retail value of each prize awarded by a licensee in a | 23 | | single raffle,
(3) the maximum price which may be charged for | 24 | | each raffle chance issued
or sold and (4) the maximum number of | 25 | | days during which chances may be issued
or sold. The licensing |
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| 1 | | system may include a fee for each license in an
amount to be | 2 | | determined by the local governing body. Licenses issued | 3 | | pursuant
to this Act shall be valid for one raffle or for a | 4 | | specified number of
raffles to be conducted during a specified | 5 | | period not to exceed one year
and may be suspended or revoked
| 6 | | for any violation of this Act. A local governing body shall act | 7 | | on a license
application within 30 days from the date of | 8 | | application. Nothing in this
Act shall be construed to prohibit | 9 | | a county or municipality from adopting
rules or ordinances for | 10 | | the operation of raffles that are more restrictive
than | 11 | | provided for in this Act. The governing body of a municipality | 12 | | may
authorize the sale of raffle chances only within the | 13 | | borders of the
municipality. The governing body of the county | 14 | | may authorize the sale of
raffle chances only in those areas | 15 | | which are both within the borders of the
county and outside the | 16 | | borders of any municipality.
| 17 | | (b) Licenses shall be issued only to bona fide religious, | 18 | | charitable,
labor, business, fraternal, educational or | 19 | | veterans' organizations that
operate without profit to their | 20 | | members and which have been in existence
continuously for a | 21 | | period of 5 years immediately before making application
for a | 22 | | license and which have had during that entire 5 year period a | 23 | | bona
fide membership engaged in carrying out their objects, or | 24 | | to a non-profit
fundraising organization that the licensing | 25 | | authority determines is
organized for the sole purpose of | 26 | | providing financial assistance to an
identified individual or |
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| 1 | | group of individuals suffering extreme financial
hardship as | 2 | | the result of an illness, disability, accident or disaster.
| 3 | | For purposes of this Act, the following definitions apply. | 4 | | Non-profit:
An organization or institution organized and | 5 | | conducted on a not-for-profit
basis with no personal profit | 6 | | inuring to any one as a result of the operation.
Charitable: An | 7 | | organization or institution organized and operated to benefit
| 8 | | an indefinite number of the public. The service rendered to | 9 | | those eligible
for benefits must also confer some benefit on | 10 | | the public. Educational:
An organization or institution | 11 | | organized and operated to provide systematic
instruction in | 12 | | useful branches of learning by methods common to schools
and | 13 | | institutions of learning which compare favorably in their scope | 14 | | and
intensity with the course of study presented in | 15 | | tax-supported schools.
Religious: Any church, congregation, | 16 | | society, or organization founded for
the purpose of religious | 17 | | worship. Fraternal: An organization of persons
having a common | 18 | | interest, the primary interest of which is to both promote
the | 19 | | welfare of its members and to provide assistance to the general | 20 | | public
in such a way as to lessen the burdens of government by | 21 | | caring for those
that otherwise would be cared for by the | 22 | | government. Veterans: An organization
or association comprised | 23 | | of members of which substantially all are individuals
who are | 24 | | veterans or spouses, widows, or widowers of veterans, the | 25 | | primary
purpose of which is to promote the welfare of its | 26 | | members and to provide
assistance to the general public in such |
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| 1 | | a way as to confer a public benefit.
Labor: An organization | 2 | | composed of workers organized with the objective
of betterment | 3 | | of the conditions of those engaged in such pursuit and the
| 4 | | development of a higher degree of efficiency in their | 5 | | respective occupations.
Business: A voluntary organization | 6 | | composed of individuals and businesses
who have joined together | 7 | | to advance the commercial, financial, industrial
and civic | 8 | | interests of a community.
| 9 | | (Source: P.A. 86-820.)
| 10 | | Section 15. The Criminal Code of 1961 is amended by | 11 | | changing Section 28-1 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:
| 15 | | (1) Plays a game of chance or skill for money or other | 16 | | thing of
value, unless excepted in subsection (b) of this | 17 | | Section; or
| 18 | | (2) Makes a wager upon the the result of any game, | 19 | | contest, or any
political nomination, appointment or | 20 | | election; or
| 21 | | (3) Operates, keeps, owns, uses, purchases, exhibits, | 22 | | rents, sells,
bargains for the sale or lease of, | 23 | | manufactures or distributes any
gambling device; or
| 24 | | (4) Contracts to have or give himself or another the |
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| 1 | | option to buy
or sell, or contracts to buy or sell, at a | 2 | | future time, any grain or
other commodity whatsoever, or | 3 | | any stock or security of any company,
where it is at the | 4 | | time of making such contract intended by both parties
| 5 | | thereto that the contract to buy or sell, or the option, | 6 | | whenever
exercised, or the contract resulting therefrom, | 7 | | shall be settled, not by
the receipt or delivery of such | 8 | | property, but by the payment only of
differences in prices | 9 | | thereof; however, the issuance, purchase, sale,
exercise, | 10 | | endorsement or guarantee, by or through a person registered
| 11 | | with the Secretary of State pursuant to Section 8 of the | 12 | | Illinois
Securities Law of 1953, or by or through a person | 13 | | exempt from such
registration under said Section 8, of a | 14 | | put, call, or other option to
buy or sell securities which | 15 | | have been registered with the Secretary of
State or which | 16 | | are exempt from such registration under Section 3 of the
| 17 | | Illinois Securities Law of 1953 is not gambling within the | 18 | | meaning of
this paragraph (4); or
| 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; or
| 24 | | (6) Sells pools upon the result of any game or contest | 25 | | of skill or
chance, political nomination, appointment or | 26 | | election; or
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| 1 | | (7) Sets up or promotes any lottery or sells, offers to | 2 | | sell or
transfers any ticket or share for any lottery; or
| 3 | | (8) Sets up or promotes any policy game or sells, | 4 | | offers to sell or
knowingly possesses or transfers any | 5 | | policy ticket, slip, record,
document or other similar | 6 | | device; or
| 7 | | (9) Knowingly drafts, prints or publishes any lottery | 8 | | ticket or share,
or any policy ticket, slip, record, | 9 | | document or similar device, except for
such activity | 10 | | related to lotteries, bingo games and raffles authorized by
| 11 | | and conducted in accordance with the laws of Illinois or | 12 | | any other state or
foreign government; or
| 13 | | (10) Knowingly advertises any lottery or policy game, | 14 | | except for such
activity related to lotteries, bingo games | 15 | | and raffles authorized by and
conducted in accordance with | 16 | | the laws of Illinois or any other state; or
| 17 | | (11) Knowingly transmits information as to wagers, | 18 | | betting odds, or
changes in betting odds by telephone, | 19 | | telegraph, radio, semaphore or
similar means; or knowingly | 20 | | installs or maintains equipment for the
transmission or | 21 | | receipt of such information; except that nothing in this
| 22 | | subdivision (11) prohibits transmission or receipt of such | 23 | | information
for use in news reporting of sporting events or | 24 | | contests; or
| 25 | | (12) Knowingly establishes, maintains, or operates an | 26 | | Internet site that
permits a person to play a game of
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| 1 | | chance or skill for money or other thing of value by means | 2 | | of the Internet or
to make a wager upon the
result of any | 3 | | game, contest, political nomination, appointment, or
| 4 | | election by means of the Internet. This item (12) does not | 5 | | apply to activities referenced in items (6) and (6.1) of | 6 | | subsection (b) of this Section.
| 7 | | (b) Participants in any of the following activities shall | 8 | | not be
convicted of gambling therefor:
| 9 | | (1) Agreements to compensate for loss caused by the | 10 | | happening of
chance including without limitation contracts | 11 | | of indemnity or guaranty
and life or health or accident | 12 | | insurance.
| 13 | | (2) Offers of prizes, award or compensation to the | 14 | | actual
contestants in any bona fide contest for the | 15 | | determination of skill,
speed, strength or endurance or to | 16 | | the owners of animals or vehicles
entered in such contest.
| 17 | | (3) Pari-mutuel betting as authorized by the law of | 18 | | this State.
| 19 | | (4) Manufacture of gambling devices, including the | 20 | | acquisition of
essential parts therefor and the assembly | 21 | | thereof, for transportation in
interstate or foreign | 22 | | commerce to any place outside this State when such
| 23 | | transportation is not prohibited by any applicable Federal | 24 | | law; or the
manufacture, distribution, or possession of | 25 | | video gaming terminals, as
defined in the Video Gaming Act, | 26 | | by manufacturers, distributors, and
terminal operators |
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| 1 | | licensed to do so under the Video Gaming Act.
| 2 | | (5) The game commonly known as "bingo", when conducted | 3 | | in accordance
with the Bingo License and Tax Act.
| 4 | | (6) Lotteries when conducted by the State of Illinois | 5 | | in accordance
with the Illinois Lottery Law. This exemption | 6 | | includes any activity conducted by the Department of | 7 | | Revenue to sell lottery tickets pursuant to the provisions | 8 | | of the Illinois Lottery Law and its rules.
| 9 | | (6.1) The purchase of lottery tickets through the | 10 | | Internet for a lottery conducted by the State of Illinois | 11 | | under the program established in Section 7.12 of the | 12 | | Illinois Lottery Law.
| 13 | | (7) Possession of an antique slot machine that is | 14 | | neither used nor
intended to be used in the operation or | 15 | | promotion of any unlawful
gambling activity or enterprise. | 16 | | For the purpose of this subparagraph
(b)(7), an antique | 17 | | slot machine is one manufactured 25 years ago or earlier.
| 18 | | (8) Raffles when conducted in accordance with the | 19 | | Raffles Act.
| 20 | | (9) Charitable games when conducted in accordance with | 21 | | the Charitable
Games Act.
| 22 | | (10) Pull tabs and jar games when conducted under the | 23 | | Illinois Pull
Tabs and Jar Games Act.
| 24 | | (11) Gambling games conducted on riverboats when
| 25 | | authorized by the Riverboat Gambling Act.
| 26 | | (12) Video gaming terminal games at a licensed |
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| 1 | | establishment, licensed truck stop establishment,
licensed
| 2 | | fraternal establishment, or licensed veterans | 3 | | establishment when
conducted in accordance with the Video | 4 | | Gaming Act. | 5 | | (13) Games of skill or chance where money or other | 6 | | things of value can be won but no payment or purchase is | 7 | | required to participate. | 8 | | (c) Sentence.
| 9 | | Gambling under subsection (a)(1) or (a)(2) of this Section | 10 | | is a
Class A misdemeanor. Gambling under any of subsections | 11 | | (a)(3) through
(a)(11) of this Section is a Class A | 12 | | misdemeanor. A second or
subsequent conviction under any of | 13 | | subsections (a)(3) through (a)(11),
is a Class 4 felony. | 14 | | Gambling under subsection (a)(12) of this Section is a
Class A
| 15 | | misdemeanor. A second or subsequent conviction under | 16 | | subsection (a)(12) is a
Class 4 felony.
| 17 | | (d) Circumstantial evidence.
| 18 | | In prosecutions under subsection (a)(1) through (a)(12) of
| 19 | | this
Section circumstantial evidence shall have the same | 20 | | validity and weight as
in any criminal prosecution.
| 21 | | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; | 22 | | 96-1203, eff. 7-22-10.)
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