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| [ Engrossed ] | [ Enrolled ] | [ Senate Amendment 001 ] |
90_SB1510
230 ILCS 20/4 from Ch. 120, par. 1054
230 ILCS 20/5 from Ch. 120, par. 1055
Amends the Illinois Pull Tabs and Jar Games Act. Raises
the aggregate value of all prizes or merchandise that may be
awarded in a single day in certain counties from $2,250 to
$5,000. Removes provision requiring licensed organizations to
pay the tax imposed under the Act. Provides that a licensed
supplier shall pay a tax equal to 5% of the face value of any
pull tabs and jar games tickets sold by the supplier to a
licensed organization. Effective immediately.
LRB9011544LDdvA
LRB9011544LDdvA
1 AN ACT in relation to State revenue.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Pull Tabs and Jar Games Act is
5 amended by changing Sections 4 and 5 as follows:
6 (230 ILCS 20/4) (from Ch. 120, par. 1054)
7 Sec. 4. The conducting of pull tabs and jar games is
8 subject to the following restrictions:
9 (1) The entire net proceeds of any pull tabs or jar
10 games, except as otherwise approved in this Act, must be
11 exclusively devoted to the lawful purposes of the
12 organization permitted to conduct such drawings.
13 (2) No person except a bona fide member or employee of
14 the sponsoring organization may participate in the management
15 or operation of such pull tabs or jar games; however, nothing
16 herein shall conflict with pull tabs and jar games conducted
17 under the provisions of the Charitable Games Act.
18 (3) No person may receive any remuneration or profit for
19 participating in the management or operation of such pull
20 tabs or jar games; however, nothing herein shall conflict
21 with pull tabs and jar games conducted under the provisions
22 of the Charitable Games Act.
23 (4) The price paid for a single chance or right to
24 participate in a game licensed under this Act shall not
25 exceed $2. The aggregate value of all prizes or merchandise
26 awarded in any single day of pull tabs and jar games shall
27 not exceed $5,000 $2,250, except that in adjoining counties
28 having 200,000 to 275,000 inhabitants each, and in counties
29 which are adjacent to either of such adjoining counties and
30 are adjacent to total of not more than 2 counties in this
31 State, the value of all prizes or merchandise awarded may not
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1 exceed $5,000 in a single day.
2 (5) No person under the age of 18 years shall play or
3 participate in games under this Act. A person under the age
4 of 18 years may be within the area where pull tabs and jar
5 games are being conducted only when accompanied by his parent
6 or guardian.
7 (6) Pull tabs and jar games shall be conducted only on
8 premises owned or occupied by licensed organizations and used
9 by its members for general activities, or on premises owned
10 or rented for conducting the game of bingo, or as permitted
11 in subsection (4) of Section 3.
12 (Source: P.A. 90-536, eff. 1-1-98.)
13 (230 ILCS 20/5) (from Ch. 120, par. 1055)
14 Sec. 5. Payments and reports. Each supplier There shall
15 pay be paid to the Department of Revenue 5% of the face value
16 gross proceeds of any pull tabs and jar games tickets sold by
17 the supplier to a licensed organization conducted under this
18 Act. Such payment payments shall be made monthly and is due
19 by 4 times per year, between the first and the 20th day of
20 each month April, July, October and January. Payment must be
21 made by money order or certified check. Accompanying each
22 payment shall be a report listing the name of the licensee to
23 whom tickets are sold, the serial numbers of the pull tabs
24 sold to the licensee, the date of the sale to the licensee,
25 the name of the manufacturer of the pull tabs, and such other
26 information as the Department of Revenue may by rule require.
27 Information required by the report shall be filed by
28 submitting appropriate computer-generated magnetic media.
29 The Department shall promulgate rules regarding the format of
30 the computer-generated magnetic media. Returns and all
31 required report information shall be filed under penalty of
32 perjury, on forms provided by the Department of Revenue,
33 listing the number of drawings conducted, the gross income
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1 derived therefrom and such other information as the
2 Department of Revenue may require. Failure to submit either
3 the payment or the report within the specified time shall
4 result in automatic revocation of the license. All payments
5 made to the Department of Revenue under this Act shall be
6 deposited as follows:
7 (a) 50% shall be deposited in the Common School Fund;
8 and
9 (b) 50% shall be deposited in the Illinois Gaming Law
10 Enforcement Fund. Of the monies deposited in the Illinois
11 Gaming Law Enforcement Fund under this Section, the General
12 Assembly shall appropriate two-thirds to the Department of
13 Revenue, Department of State Police and the Office of the
14 Attorney General for State law enforcement purposes, and
15 one-third shall be appropriated to the Department of Revenue
16 for the purpose of distribution in the form of grants to
17 counties or municipalities for law enforcement purposes. The
18 amounts of grants to counties or municipalities shall bear
19 the same ratio as the number of licenses issued in counties
20 or municipalities bears to the total number of licenses
21 issued in the State. In computing the number of licenses
22 issued in a county, licenses issued for locations within a
23 municipality's boundaries shall be excluded.
24 The Department of Revenue shall license suppliers and
25 manufacturers of pull tabs and jar games at an annual fee of
26 $5,000. Suppliers and manufacturers shall meet the
27 requirements and qualifications established by rule by the
28 Department. Licensed manufacturers shall sell pull tabs and
29 jar games only to licensed suppliers. Licensed suppliers
30 shall buy pull tabs and jar games only from licensed
31 manufacturers and shall sell pull tabs and jar games only to
32 licensed organizations. Licensed organizations shall buy pull
33 tabs and jar games only from licensed suppliers.
34 The Department of Revenue shall adopt by rule minimum
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1 quality production standards for pull tabs and jar games. In
2 determining such standards, the Department shall consider the
3 standards adopted by the National Association of Gambling
4 Regulatory Agencies and the National Association of
5 Fundraising Ticket Manufacturers. Such standards shall
6 include the name of the supplier which shall appear in plain
7 view to the casual observer on the face side of each pull tab
8 ticket and on each jar game ticket. The pull tab ticket
9 shall contain the name of the game, the selling price of the
10 ticket, the amount of the prize and the serial number of the
11 ticket. The back side of a pull tab ticket shall contain a
12 series of perforated tabs marked "open here". The logo of
13 the manufacturer shall be clearly visible on each jar game
14 ticket.
15 The Department of Revenue shall adopt rules necessary to
16 provide for the proper accounting and control of activities
17 under this Act, to ensure that the proper taxes are paid,
18 that the proceeds from the activities under this Act are used
19 lawfully, and to prevent illegal activity associated with the
20 use of pull tabs and jar games.
21 The provisions of Section 2a of the Retailers' Occupation
22 Tax Act pertaining to the furnishing of a bond or other
23 security are incorporated by reference into this Act and are
24 applicable to licensees under this Act as a precondition of
25 obtaining a license under this Act. The provisions of
26 Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 6, 6a,
27 6b, 6c, 8, 9, 10, 11 and 12 of the Retailers' Occupation Tax
28 Act, and Section 3-7 of the Uniform Penalty and Interest Act,
29 which are not inconsistent with this Act shall apply, as far
30 as practicable, to the subject matter of this Act to the same
31 extent as if such provisions were included in this Act. For
32 the purposes of this Act, references in such incorporated
33 Sections of the Retailers' Occupation Tax Act to retailers,
34 sellers or persons engaged in the business of selling
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1 tangible personal property means persons engaged in
2 conducting pull tabs and jar games and references in such
3 incorporated Sections of the Retailers' Occupation Tax Act to
4 sales of tangible personal property mean the conducting of
5 pull tabs and jar games and the making of charges for
6 participating in such drawings.
7 (Source: P.A. 87-205; 87-895.)
8 Section 99. Effective date. This Act takes effect upon
9 becoming law.