Bill Text: IL HB0311 | 2013-2014 | 98th General Assembly | Amended
Bill Title: Amends the Illinois Lottery Law. Makes a technical change in a Section concerning the short title.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2014-12-03 - Session Sine Die [HB0311 Detail]
Download: Illinois-2013-HB0311-Amended.html
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1 | AMENDMENT TO HOUSE BILL 311
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2 | AMENDMENT NO. ______. Amend House Bill 311 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Lottery Law is amended by changing | ||||||
5 | Section 3 and by adding Section 21.9 as follows:
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6 | (20 ILCS 1605/3) (from Ch. 120, par. 1153) | ||||||
7 | Sec. 3. For the purposes of this Act: | ||||||
8 | a. "Lottery" or "State Lottery" means the lottery or | ||||||
9 | lotteries
established and operated pursuant to this Act. | ||||||
10 | b. "Board" means the Lottery Control Board created by this | ||||||
11 | Act. | ||||||
12 | c. "Department" means the Department of the Lottery. | ||||||
13 | d. (Blank). | ||||||
14 | e. "Chairman" means the Chairman of the Lottery Control | ||||||
15 | Board. | ||||||
16 | f. "Multi-state game directors" means such persons, |
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1 | including the
Superintendent, as may be designated by an
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2 | agreement between the Department and one or more additional
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3 | lotteries operated under the laws of another state or states. | ||||||
4 | g. (Blank).
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5 | h. "Superintendent" means the Superintendent of the | ||||||
6 | Department of the Lottery.
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7 | i. "Management agreement" means an agreement or contract | ||||||
8 | between the Department on behalf of the State with a private | ||||||
9 | manager, as an independent contractor, whereby the private | ||||||
10 | manager provides management services to the Lottery in exchange | ||||||
11 | for compensation that may consist of, among other things, a fee | ||||||
12 | for services and a performance-based bonus of no more than 5% | ||||||
13 | of Lottery profits so long as the Department continues to | ||||||
14 | exercise actual control over all significant business | ||||||
15 | decisions made by the private manager as set forth in Section | ||||||
16 | 9.1. | ||||||
17 | j. "Person" means any individual, firm, association, joint | ||||||
18 | venture, partnership, estate, trust, syndicate, fiduciary, | ||||||
19 | corporation, or other legal entity, group, or combination. | ||||||
20 | k. "Private manager" means a person that provides | ||||||
21 | management services to the Lottery on behalf of the Department | ||||||
22 | under a management agreement. | ||||||
23 | l. "Profits" means total revenues accruing from the sale of | ||||||
24 | lottery tickets or shares and related proceeds minus (1) the | ||||||
25 | payment of prizes and retailer bonuses and (2) the payment of | ||||||
26 | costs incurred in the operation and administration of the |
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1 | lottery, excluding costs of services directly rendered by a | ||||||
2 | private manager. | ||||||
3 | m. "Chief Procurement Officer" means the Chief Procurement | ||||||
4 | Officer provided for under paragraph (4) of subsection (a) of | ||||||
5 | Section 10-20 of the Illinois Procurement Code. | ||||||
6 | n. "Raffle" means a game of chance in which a limited | ||||||
7 | number of tickets are sold in numeric order, each having a | ||||||
8 | chance of winning a prize, and the winner or winners are | ||||||
9 | determined after the conclusion of ticket sales by a | ||||||
10 | computerized random number generator at a time to be referred | ||||||
11 | to as the raffle drawing date. | ||||||
12 | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-840, | ||||||
13 | eff. 12-23-09; 97-464, eff. 8-19-11.)
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14 | (20 ILCS 1605/21.9 new) | ||||||
15 | Sec. 21.9. Special raffles to benefit Illinois Lottery | ||||||
16 | scratch-off game beneficiary funds. | ||||||
17 | (a) The Department may, from time to time, but on no more | ||||||
18 | than 4 occasions per year, create special raffles to benefit | ||||||
19 | the various scratch-off game funds identified in Sections 21.5 | ||||||
20 | through 21.8 of this Act and any other scratch-off game funds | ||||||
21 | that may be created from time to time. Each special raffle and | ||||||
22 | the fund to benefit from the raffle shall be publicly announced | ||||||
23 | by the Department at least one month in advance of the raffle | ||||||
24 | drawing date. The Director may determine the raffle drawing | ||||||
25 | date, the fund to benefit from the raffle, the number and price |
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1 | of tickets to be sold, and the prize or prizes to be offered. | ||||||
2 | (b) Proceeds from the special raffle shall be deposited | ||||||
3 | into the designated beneficiary fund for appropriation by the | ||||||
4 | General Assembly for the same purposes and in accordance with | ||||||
5 | the same requirements as outlined in the provisions of this Act | ||||||
6 | creating the fund. | ||||||
7 | (c) The Department may sell special raffle tickets by any | ||||||
8 | method authorized for the sale of other Lottery tickets. | ||||||
9 | (d) This Section shall not limit or impair the Department's | ||||||
10 | ability to create raffles unrelated to the scratch-off game | ||||||
11 | funds. | ||||||
12 | (e) The Department may adopt any rules necessary to | ||||||
13 | implement and administer the provisions of this Section.
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14 | Section 10. The Raffles Act is amended by changing Section | ||||||
15 | 1 as follows:
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16 | (230 ILCS 15/1) (from Ch. 85, par. 2301)
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17 | Sec. 1.
Definitions.) For the purposes of this Act the | ||||||
18 | terms defined
in this Section have the meanings given them.
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19 | "Net Proceeds" means the gross receipts from the conduct of | ||||||
20 | raffles, less
reasonable sums expended for prizes, local | ||||||
21 | license fees and other reasonable
operating expenses incurred | ||||||
22 | as a result of operating a raffle.
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23 | "Raffle" means a form of lottery, as defined in Section | ||||||
24 | 28-2(b) of the
Criminal Code of 2012, conducted by an |
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1 | organization licensed under this Act, in which:
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2 | (1) the player pays or agrees to pay something of value | ||||||
3 | for a chance,
represented and differentiated by a number or | ||||||
4 | by a combination of numbers
or by some other medium, one or | ||||||
5 | more of which chances is to be designated
the winning | ||||||
6 | chance;
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7 | (2) the winning chance is to be determined through a | ||||||
8 | drawing or by some
other method based on an element of | ||||||
9 | chance by an act or set of acts on the
part of persons | ||||||
10 | conducting or connected with the lottery, except that the
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11 | winning chance shall not be determined by the outcome of a | ||||||
12 | publicly exhibited
sporting contest.
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13 | "Raffle" does not include a special raffle conducted by the | ||||||
14 | Department of the Lottery under Section 21.9 of the Illinois | ||||||
15 | Lottery Law. | ||||||
16 | (Source: P.A. 97-1150, eff. 1-25-13.)
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17 | Section 15. The Criminal Code of 2012 is amended by | ||||||
18 | changing Section 28-1 as follows:
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19 | (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
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20 | Sec. 28-1. Gambling.
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21 | (a) A person commits gambling when he or she:
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22 | (1) knowingly plays a game of chance or skill for money | ||||||
23 | or other thing of
value, unless excepted in subsection (b) | ||||||
24 | of this Section;
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1 | (2) knowingly makes a wager upon the result of any | ||||||
2 | game, contest, or any
political nomination, appointment or | ||||||
3 | election;
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4 | (3) knowingly operates, keeps, owns, uses, purchases, | ||||||
5 | exhibits, rents, sells,
bargains for the sale or lease of, | ||||||
6 | manufactures or distributes any
gambling device;
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7 | (4) contracts to have or give himself or herself or | ||||||
8 | another the option to buy
or sell, or contracts to buy or | ||||||
9 | sell, at a future time, any grain or
other commodity | ||||||
10 | whatsoever, or any stock or security of any company,
where | ||||||
11 | it is at the time of making such contract intended by both | ||||||
12 | parties
thereto that the contract to buy or sell, or the | ||||||
13 | option, whenever
exercised, or the contract resulting | ||||||
14 | therefrom, shall be settled, not by
the receipt or delivery | ||||||
15 | of such property, but by the payment only of
differences in | ||||||
16 | prices thereof; however, the issuance, purchase, sale,
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17 | exercise, endorsement or guarantee, by or through a person | ||||||
18 | registered
with the Secretary of State pursuant to Section | ||||||
19 | 8 of the Illinois
Securities Law of 1953, or by or through | ||||||
20 | a person exempt from such
registration under said Section | ||||||
21 | 8, of a put, call, or other option to
buy or sell | ||||||
22 | securities which have been registered with the Secretary of
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23 | State or which are exempt from such registration under | ||||||
24 | Section 3 of the
Illinois Securities Law of 1953 is not | ||||||
25 | gambling within the meaning of
this paragraph (4);
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26 | (5) knowingly owns or possesses any book, instrument or |
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1 | apparatus by
means of which bets or wagers have been, or | ||||||
2 | are, recorded or registered,
or knowingly possesses any | ||||||
3 | money which he has received in the course of
a bet or | ||||||
4 | wager;
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5 | (6) knowingly sells pools upon the result of any game | ||||||
6 | or contest of skill or
chance, political nomination, | ||||||
7 | appointment or election;
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8 | (7) knowingly sets up or promotes any lottery or sells, | ||||||
9 | offers to sell or
transfers any ticket or share for any | ||||||
10 | lottery;
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11 | (8) knowingly sets up or promotes any policy game or | ||||||
12 | sells, offers to sell or
knowingly possesses or transfers | ||||||
13 | any policy ticket, slip, record,
document or other similar | ||||||
14 | device;
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15 | (9) knowingly drafts, prints or publishes any lottery | ||||||
16 | ticket or share,
or any policy ticket, slip, record, | ||||||
17 | document or similar device, except for
such activity | ||||||
18 | related to lotteries, bingo games and raffles authorized by
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19 | and conducted in accordance with the laws of Illinois or | ||||||
20 | any other state or
foreign government;
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21 | (10) knowingly advertises any lottery or policy game, | ||||||
22 | except for such
activity related to lotteries, bingo games | ||||||
23 | and raffles authorized by and
conducted in accordance with | ||||||
24 | the laws of Illinois or any other state;
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25 | (11) knowingly transmits information as to wagers, | ||||||
26 | betting odds, or
changes in betting odds by telephone, |
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1 | telegraph, radio, semaphore or
similar means; or knowingly | ||||||
2 | installs or maintains equipment for the
transmission or | ||||||
3 | receipt of such information; except that nothing in this
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4 | subdivision (11) prohibits transmission or receipt of such | ||||||
5 | information
for use in news reporting of sporting events or | ||||||
6 | contests; or
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7 | (12) knowingly establishes, maintains, or operates an | ||||||
8 | Internet site that
permits a person to play a game of
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9 | chance or skill for money or other thing of value by means | ||||||
10 | of the Internet or
to make a wager upon the
result of any | ||||||
11 | game, contest, political nomination, appointment, or
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12 | election by means of the Internet. This item (12) does not | ||||||
13 | apply to activities referenced in items (6) and (6.1) of | ||||||
14 | subsection (b) of this Section.
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15 | (b) Participants in any of the following activities shall | ||||||
16 | not be
convicted of gambling:
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17 | (1) Agreements to compensate for loss caused by the | ||||||
18 | happening of
chance including without limitation contracts | ||||||
19 | of indemnity or guaranty
and life or health or accident | ||||||
20 | insurance.
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21 | (2) Offers of prizes, award or compensation to the | ||||||
22 | actual
contestants in any bona fide contest for the | ||||||
23 | determination of skill,
speed, strength or endurance or to | ||||||
24 | the owners of animals or vehicles
entered in such contest.
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25 | (3) Pari-mutuel betting as authorized by the law of | ||||||
26 | this State.
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1 | (4) Manufacture of gambling devices, including the | ||||||
2 | acquisition of
essential parts therefor and the assembly | ||||||
3 | thereof, for transportation in
interstate or foreign | ||||||
4 | commerce to any place outside this State when such
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5 | transportation is not prohibited by any applicable Federal | ||||||
6 | law; or the
manufacture, distribution, or possession of | ||||||
7 | video gaming terminals, as
defined in the Video Gaming Act, | ||||||
8 | by manufacturers, distributors, and
terminal operators | ||||||
9 | licensed to do so under the Video Gaming Act.
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10 | (5) The game commonly known as "bingo", when conducted | ||||||
11 | in accordance
with the Bingo License and Tax Act.
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12 | (6) Lotteries and raffles when conducted by the State | ||||||
13 | of Illinois in accordance
with the Illinois Lottery Law. | ||||||
14 | This exemption includes any activity conducted by the | ||||||
15 | Department of Revenue to sell lottery or raffle tickets | ||||||
16 | pursuant to the provisions of the Illinois Lottery Law and | ||||||
17 | its rules.
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18 | (6.1) The purchase of lottery tickets through the | ||||||
19 | Internet for a lottery conducted by the State of Illinois | ||||||
20 | under the program established in Section 7.12 of the | ||||||
21 | Illinois Lottery Law.
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22 | (7) Possession of an antique slot machine that is | ||||||
23 | neither used nor
intended to be used in the operation or | ||||||
24 | promotion of any unlawful
gambling activity or enterprise. | ||||||
25 | For the purpose of this subparagraph
(b)(7), an antique | ||||||
26 | slot machine is one manufactured 25 years ago or earlier.
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1 | (8) Raffles when conducted in accordance with the | ||||||
2 | Raffles Act.
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3 | (9) Charitable games when conducted in accordance with | ||||||
4 | the Charitable
Games Act.
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5 | (10) Pull tabs and jar games when conducted under the | ||||||
6 | Illinois Pull
Tabs and Jar Games Act.
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7 | (11) Gambling games conducted on riverboats when
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8 | authorized by the Riverboat Gambling Act.
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9 | (12) Video gaming terminal games at a licensed | ||||||
10 | establishment, licensed truck stop establishment,
licensed
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11 | fraternal establishment, or licensed veterans | ||||||
12 | establishment when
conducted in accordance with the Video | ||||||
13 | Gaming Act. | ||||||
14 | (13) Games of skill or chance where money or other | ||||||
15 | things of value can be won but no payment or purchase is | ||||||
16 | required to participate. | ||||||
17 | (c) Sentence.
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18 | Gambling is a
Class A misdemeanor. A second or
subsequent | ||||||
19 | conviction under subsections (a)(3) through (a)(12),
is a Class | ||||||
20 | 4 felony.
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21 | (d) Circumstantial evidence.
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22 | In prosecutions under
this
Section circumstantial evidence | ||||||
23 | shall have the same validity and weight as
in any criminal | ||||||
24 | prosecution.
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25 | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; | ||||||
26 | 96-1203, eff. 7-22-10; 97-1108, eff. 1-1-13.)
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1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law.".
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