Bill Text: IL SB3479 | 2013-2014 | 98th General Assembly | Amended
Bill Title: Amends the Video Gaming Act. Removes a provision allowing for the use of a game device without a license if the game device is used in an activity that is not gambling under the Criminal Code of 2012.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Failed) 2015-01-13 - Session Sine Die [SB3479 Detail]
Download: Illinois-2013-SB3479-Amended.html
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO SENATE BILL 3479
| ||||||
2 | AMENDMENT NO. ______. Amend Senate Bill 3479 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Video Gaming
Act is amended by changing | ||||||
5 | Section 35 as follows:
| ||||||
6 | (230 ILCS 40/35)
| ||||||
7 | Sec. 35. Display of license; confiscation; violation as | ||||||
8 | felony. | ||||||
9 | (a) Each
video gaming terminal shall be licensed by the | ||||||
10 | Board before placement
or operation on the premises of a | ||||||
11 | licensed establishment, licensed truck stop
establishment, | ||||||
12 | licensed
fraternal establishment, or licensed veterans | ||||||
13 | establishment. The license of
each video gaming terminal shall | ||||||
14 | be maintained
at the location where the video gaming terminal | ||||||
15 | is operated. Failure to do so
is a petty offense with a fine
| ||||||
16 | not to exceed $100.
Any licensed establishment, licensed truck |
| |||||||
| |||||||
1 | stop establishment, licensed
fraternal establishment, or | ||||||
2 | licensed
veterans establishment
used for the conduct of | ||||||
3 | gambling games in violation of this Act shall be
considered a | ||||||
4 | gambling place in violation of Section 28-3 of the Criminal
| ||||||
5 | Code of 2012. Every gambling device found in
a licensed | ||||||
6 | establishment, licensed truck stop establishment, licensed | ||||||
7 | fraternal
establishment, or licensed
veterans establishment | ||||||
8 | operating gambling games in violation of this
Act shall be | ||||||
9 | subject to seizure, confiscation, and destruction as provided
| ||||||
10 | in Section 28-5 of the Criminal Code of 2012.
Any license | ||||||
11 | issued under the Liquor Control Act
of 1934 to any owner or | ||||||
12 | operator of a licensed establishment, licensed truck
stop | ||||||
13 | establishment, licensed
fraternal establishment, or licensed | ||||||
14 | veterans establishment that operates or
permits the operation | ||||||
15 | of a video gaming terminal within its establishment in
| ||||||
16 | violation of this Act shall be immediately revoked.
No person | ||||||
17 | may own, operate, have in his or her possession or custody or | ||||||
18 | under
his or her control, or permit to be kept in any place | ||||||
19 | under his or her
possession or control, any
device that awards | ||||||
20 | credits and contains a circuit, meter, or switch capable of
| ||||||
21 | removing and recording the removal of credits when the award of | ||||||
22 | credits is
dependent upon chance. | ||||||
23 | Nothing in this Section shall be deemed to prohibit the use | ||||||
24 | of a game device only if the game device is used in an activity | ||||||
25 | that is not gambling under subsection (b) of Section 28-1 of | ||||||
26 | the Criminal Code of 2012. |
| |||||||
| |||||||
1 | A violation of this Section is a Class 4 felony. All
| ||||||
2 | devices that are owned, operated, or possessed in violation of | ||||||
3 | this Section are
hereby declared to be public nuisances and | ||||||
4 | shall be subject to seizure,
confiscation, and destruction as | ||||||
5 | provided in Section 28-5 of the Criminal Code
of 2012.
| ||||||
6 | The provisions of this Section do not apply to devices or | ||||||
7 | electronic video
game terminals licensed pursuant to this Act. | ||||||
8 | A video gaming terminal operated for amusement only and bearing | ||||||
9 | a valid amusement tax sticker shall not be subject to this | ||||||
10 | Section until 30 days after the Board establishes that the | ||||||
11 | central communications system is functional.
| ||||||
12 | (b) (1) The odds of winning each video game shall be posted | ||||||
13 | on or near each video gaming terminal. The manner in which the | ||||||
14 | odds are calculated and how they are posted shall be determined | ||||||
15 | by the Board by rule. | ||||||
16 | (2) No video gaming terminal licensed under this Act may be | ||||||
17 | played except during the legal hours of operation allowed for | ||||||
18 | the consumption of alcoholic beverages at the licensed | ||||||
19 | establishment, licensed fraternal establishment, or licensed | ||||||
20 | veterans establishment. A licensed establishment, licensed | ||||||
21 | fraternal establishment, or licensed veterans establishment | ||||||
22 | that violates this subsection is subject to termination of its | ||||||
23 | license by the Board. | ||||||
24 | (Source: P.A. 97-1150, eff. 1-25-13; 98-111, eff. 1-1-14.)
| ||||||
25 | Section 10. The Criminal Code of 2012 is amended by |
| |||||||
| |||||||
1 | changing Sections 28-1 and 28-2 as follows:
| ||||||
2 | (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
| ||||||
3 | Sec. 28-1. Gambling.
| ||||||
4 | (a) A person commits gambling when he or she:
| ||||||
5 | (1) knowingly plays a game of chance or skill for money | ||||||
6 | or other thing of
value, unless excepted in subsection (b) | ||||||
7 | of this Section;
| ||||||
8 | (2) knowingly makes a wager upon the result of any | ||||||
9 | game, contest, or any
political nomination, appointment or | ||||||
10 | election;
| ||||||
11 | (3) knowingly operates, keeps, owns, uses, purchases, | ||||||
12 | exhibits, rents, sells,
bargains for the sale or lease of, | ||||||
13 | manufactures or distributes any
gambling device;
| ||||||
14 | (4) contracts to have or give himself or herself or | ||||||
15 | another the option to buy
or sell, or contracts to buy or | ||||||
16 | sell, at a future time, any grain or
other commodity | ||||||
17 | whatsoever, or any stock or security of any company,
where | ||||||
18 | it is at the time of making such contract intended by both | ||||||
19 | parties
thereto that the contract to buy or sell, or the | ||||||
20 | option, whenever
exercised, or the contract resulting | ||||||
21 | therefrom, shall be settled, not by
the receipt or delivery | ||||||
22 | of such property, but by the payment only of
differences in | ||||||
23 | prices thereof; however, the issuance, purchase, sale,
| ||||||
24 | exercise, endorsement or guarantee, by or through a person | ||||||
25 | registered
with the Secretary of State pursuant to Section |
| |||||||
| |||||||
1 | 8 of the Illinois
Securities Law of 1953, or by or through | ||||||
2 | a person exempt from such
registration under said Section | ||||||
3 | 8, of a put, call, or other option to
buy or sell | ||||||
4 | securities which have been registered with the Secretary of
| ||||||
5 | State or which are exempt from such registration under | ||||||
6 | Section 3 of the
Illinois Securities Law of 1953 is not | ||||||
7 | gambling within the meaning of
this paragraph (4);
| ||||||
8 | (5) knowingly owns or possesses any book, instrument or | ||||||
9 | apparatus by
means of which bets or wagers have been, or | ||||||
10 | are, recorded or registered,
or knowingly possesses any | ||||||
11 | money which he has received in the course of
a bet or | ||||||
12 | wager;
| ||||||
13 | (6) knowingly sells pools upon the result of any game | ||||||
14 | or contest of skill or
chance, political nomination, | ||||||
15 | appointment or election;
| ||||||
16 | (7) knowingly sets up or promotes any lottery or sells, | ||||||
17 | offers to sell or
transfers any ticket or share for any | ||||||
18 | lottery;
| ||||||
19 | (8) knowingly sets up or promotes any policy game or | ||||||
20 | sells, offers to sell or
knowingly possesses or transfers | ||||||
21 | any policy ticket, slip, record,
document or other similar | ||||||
22 | device;
| ||||||
23 | (9) knowingly drafts, prints or publishes any lottery | ||||||
24 | ticket or share,
or any policy ticket, slip, record, | ||||||
25 | document or similar device, except for
such activity | ||||||
26 | related to lotteries, bingo games and raffles authorized by
|
| |||||||
| |||||||
1 | and conducted in accordance with the laws of Illinois or | ||||||
2 | any other state or
foreign government;
| ||||||
3 | (10) knowingly advertises any lottery or policy game, | ||||||
4 | except for such
activity related to lotteries, bingo games | ||||||
5 | and raffles authorized by and
conducted in accordance with | ||||||
6 | the laws of Illinois or any other state;
| ||||||
7 | (11) knowingly transmits information as to wagers, | ||||||
8 | betting odds, or
changes in betting odds by telephone, | ||||||
9 | telegraph, radio, semaphore or
similar means; or knowingly | ||||||
10 | installs or maintains equipment for the
transmission or | ||||||
11 | receipt of such information; except that nothing in this
| ||||||
12 | subdivision (11) prohibits transmission or receipt of such | ||||||
13 | information
for use in news reporting of sporting events or | ||||||
14 | contests; or
| ||||||
15 | (12) knowingly establishes, maintains, or operates an | ||||||
16 | Internet site that
permits a person to play a game of
| ||||||
17 | chance or skill for money or other thing of value by means | ||||||
18 | of the Internet or
to make a wager upon the
result of any | ||||||
19 | game, contest, political nomination, appointment, or
| ||||||
20 | election by means of the Internet. This item (12) does not | ||||||
21 | apply to activities referenced in items (6) and (6.1) of | ||||||
22 | subsection (b) of this Section.
| ||||||
23 | (b) Participants in any of the following activities shall | ||||||
24 | not be
convicted of gambling:
| ||||||
25 | (1) Agreements to compensate for loss caused by the | ||||||
26 | happening of
chance including without limitation contracts |
| |||||||
| |||||||
1 | of indemnity or guaranty
and life or health or accident | ||||||
2 | insurance.
| ||||||
3 | (2) Offers of prizes, award or compensation to the | ||||||
4 | actual
contestants in any bona fide contest for the | ||||||
5 | determination of skill,
speed, strength or endurance or to | ||||||
6 | the owners of animals or vehicles
entered in such contest.
| ||||||
7 | (3) Pari-mutuel betting as authorized by the law of | ||||||
8 | this State.
| ||||||
9 | (4) Manufacture of gambling devices, including the | ||||||
10 | acquisition of
essential parts therefor and the assembly | ||||||
11 | thereof, for transportation in
interstate or foreign | ||||||
12 | commerce to any place outside this State when such
| ||||||
13 | transportation is not prohibited by any applicable Federal | ||||||
14 | law; or the
manufacture, distribution, or possession of | ||||||
15 | video gaming terminals, as
defined in the Video Gaming Act, | ||||||
16 | by manufacturers, distributors, and
terminal operators | ||||||
17 | licensed to do so under the Video Gaming Act.
| ||||||
18 | (5) The game commonly known as "bingo", when conducted | ||||||
19 | in accordance
with the Bingo License and Tax Act.
| ||||||
20 | (6) Lotteries when conducted by the State of Illinois | ||||||
21 | in accordance
with the Illinois Lottery Law. This exemption | ||||||
22 | includes any activity conducted by the Department of | ||||||
23 | Revenue to sell lottery tickets pursuant to the provisions | ||||||
24 | of the Illinois Lottery Law and its rules.
| ||||||
25 | (6.1) The purchase of lottery tickets through the | ||||||
26 | Internet for a lottery conducted by the State of Illinois |
| |||||||
| |||||||
1 | under the program established in Section 7.12 of the | ||||||
2 | Illinois Lottery Law.
| ||||||
3 | (7) Possession of an antique slot machine that is | ||||||
4 | neither used nor
intended to be used in the operation or | ||||||
5 | promotion of any unlawful
gambling activity or enterprise. | ||||||
6 | For the purpose of this subparagraph
(b)(7), an antique | ||||||
7 | slot machine is one manufactured 25 years ago or earlier.
| ||||||
8 | (8) Raffles when conducted in accordance with the | ||||||
9 | Raffles Act.
| ||||||
10 | (9) Charitable games when conducted in accordance with | ||||||
11 | the Charitable
Games Act.
| ||||||
12 | (10) Pull tabs and jar games when conducted under the | ||||||
13 | Illinois Pull
Tabs and Jar Games Act.
| ||||||
14 | (11) Gambling games conducted on riverboats when
| ||||||
15 | authorized by the Riverboat Gambling Act.
| ||||||
16 | (12) Video gaming terminal games at a licensed | ||||||
17 | establishment, licensed truck stop establishment,
licensed
| ||||||
18 | fraternal establishment, or licensed veterans | ||||||
19 | establishment when
conducted in accordance with the Video | ||||||
20 | Gaming Act. | ||||||
21 | (13) Games of skill or chance where money or other | ||||||
22 | things of value can be won but no payment or purchase is | ||||||
23 | required to participate , except where participation in | ||||||
24 | such game of skill or chance is accomplished using a | ||||||
25 | gambling device prohibited by Section 28-2(a)(iii) . | ||||||
26 | (c) Sentence.
|
| |||||||
| |||||||
1 | (1) Gambling is a
Class A misdemeanor. A second or
| ||||||
2 | subsequent conviction under subsections (a)(3) through | ||||||
3 | (a)(12),
is a Class 4 felony. | ||||||
4 | (2) Notwithstanding subsection (c)(1), or anything | ||||||
5 | else contained in this Section to the contrary, a gambling | ||||||
6 | offense involving a device described in Section | ||||||
7 | 28-2(a)(iii) is a Class 4 felony.
| ||||||
8 | (d) Circumstantial evidence.
| ||||||
9 | In prosecutions under
this
Section circumstantial evidence | ||||||
10 | shall have the same validity and weight as
in any criminal | ||||||
11 | prosecution.
| ||||||
12 | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; | ||||||
13 | 96-1203, eff. 7-22-10; 97-1108, eff. 1-1-13.)
| ||||||
14 | (720 ILCS 5/28-2) (from Ch. 38, par. 28-2)
| ||||||
15 | Sec. 28-2. Definitions.
| ||||||
16 | (a) A "gambling device" is : (i) any clock, tape machine, | ||||||
17 | slot machine or
other machines or device for the reception of | ||||||
18 | money or other thing of value
on chance or skill or upon the | ||||||
19 | action of which money or other thing of
value is staked, | ||||||
20 | hazarded, bet, won or lost; (ii) or any mechanism, furniture,
| ||||||
21 | fixture, equipment or other device designed primarily for use | ||||||
22 | in a gambling
place ; or (iii) any vending or other electronic | ||||||
23 | machine or device, including without limitation a machine or | ||||||
24 | device that awards credits and contains a circuit, meter, or | ||||||
25 | switch capable of removing and recording the removal of credits |
| |||||||
| |||||||
1 | that offers a person entry into any contest, competition, | ||||||
2 | sweepstakes, scheme, plan, or other selection process that | ||||||
3 | involves or is dependent upon an element of chance for which | ||||||
4 | the person may receive a gift, award, or other item or service | ||||||
5 | of value if that offer is incidental to or results from: (A) | ||||||
6 | the purchase of an item or service of value; or (B) the | ||||||
7 | purchase or gratuitous receipt of a coupon, voucher, | ||||||
8 | certificate, or other similar credit that can be redeemed for | ||||||
9 | or applied towards an item or service of value from such | ||||||
10 | machine or device or elsewhere . A "gambling device" does not | ||||||
11 | include:
| ||||||
12 | (1) A coin-in-the-slot operated mechanical device | ||||||
13 | played for amusement
which rewards the player with the | ||||||
14 | right to replay such mechanical device,
which device is so | ||||||
15 | constructed or devised as to make such result of the
| ||||||
16 | operation thereof depend in part upon the skill of the | ||||||
17 | player and which
returns to the player thereof no money, | ||||||
18 | property or right to receive money
or property.
| ||||||
19 | (2) Except as otherwise provided in this subsection | ||||||
20 | (a), a vending machine Vending machines by which full and | ||||||
21 | adequate return is made for the
money invested and in which | ||||||
22 | there is no element of chance or hazard.
| ||||||
23 | (3) A crane game. For the purposes of this paragraph | ||||||
24 | (3), a "crane
game" is an amusement device involving skill, | ||||||
25 | if it rewards the player
exclusively with merchandise | ||||||
26 | contained within the amusement device proper
and limited to |
| |||||||
| |||||||
1 | toys, novelties and prizes other than currency, each having
| ||||||
2 | a wholesale value which is not more than $25.
| ||||||
3 | (4) A redemption machine. For the purposes of this | ||||||
4 | paragraph (4), a
"redemption machine" is a single-player or | ||||||
5 | multi-player amusement device
involving a game, the object | ||||||
6 | of which is throwing, rolling, bowling,
shooting, placing, | ||||||
7 | or propelling a ball or other object that is either | ||||||
8 | physical or computer generated on a display or with lights | ||||||
9 | into, upon, or
against a hole or other target that is | ||||||
10 | either physical or computer generated on a display or with | ||||||
11 | lights, or stopping, by physical, mechanical, or | ||||||
12 | electronic means, a moving object that is either physical | ||||||
13 | or computer generated on a display or with lights into, | ||||||
14 | upon, or
against a hole or other target that is either | ||||||
15 | physical or computer generated on a display or with lights, | ||||||
16 | provided that all of the following
conditions are met:
| ||||||
17 | (A) The outcome of the game is predominantly | ||||||
18 | determined by the
skill of the player.
| ||||||
19 | (B) The award of the prize is based solely upon the | ||||||
20 | player's
achieving the object of the game or otherwise | ||||||
21 | upon the player's score.
| ||||||
22 | (C) Only merchandise prizes are awarded.
| ||||||
23 | (D) The wholesale value of prizes awarded in lieu | ||||||
24 | of tickets
or tokens for single play of the device does | ||||||
25 | not exceed $25.
| ||||||
26 | (E) The redemption value of tickets, tokens, and |
| |||||||
| |||||||
1 | other representations
of value, which may be | ||||||
2 | accumulated by players to redeem prizes of greater
| ||||||
3 | value, for a single play of the device does not exceed | ||||||
4 | $25.
| ||||||
5 | (5) Video gaming terminals at a licensed | ||||||
6 | establishment, licensed truck stop establishment,
licensed
| ||||||
7 | fraternal establishment, or licensed veterans | ||||||
8 | establishment licensed in accordance with the Video Gaming | ||||||
9 | Act. | ||||||
10 | (a-5) "Internet" means an interactive computer service or | ||||||
11 | system or an
information service, system, or access software | ||||||
12 | provider that provides or
enables computer access by multiple | ||||||
13 | users to a computer server, and includes,
but is not limited | ||||||
14 | to, an information service, system, or access software
provider | ||||||
15 | that provides access to a network system commonly known as the
| ||||||
16 | Internet, or any comparable system or service and also | ||||||
17 | includes, but is not
limited to, a World Wide Web page, | ||||||
18 | newsgroup, message board, mailing list, or
chat area on any | ||||||
19 | interactive computer service or system or other online
service.
| ||||||
20 | (a-6) "Access" and "computer" have the meanings ascribed to | ||||||
21 | them in
Section
16D-2 of this Code.
| ||||||
22 | (b) A "lottery" is any scheme or procedure whereby one or | ||||||
23 | more prizes
are distributed by chance among persons who have | ||||||
24 | paid or promised
consideration for a chance to win such prizes, | ||||||
25 | whether such scheme or
procedure is called a lottery, raffle, | ||||||
26 | gift, sale or some other name.
|
| |||||||
| |||||||
1 | (c) A "policy game" is any scheme or procedure whereby a | ||||||
2 | person promises
or guarantees by any instrument, bill, | ||||||
3 | certificate, writing, token or other
device that any particular | ||||||
4 | number, character, ticket or certificate shall
in the event of | ||||||
5 | any contingency in the nature of a lottery entitle the
| ||||||
6 | purchaser or holder to receive money, property or evidence of | ||||||
7 | debt.
| ||||||
8 | (d) It is the intent of Section 28-2(a)(iii) to prohibit | ||||||
9 | any mechanism that seeks to avoid being considered a gambling | ||||||
10 | device through the use of any subterfuge or pretense | ||||||
11 | whatsoever. | ||||||
12 | (Source: P.A. 97-1126, eff. 1-1-13; 98-31, eff. 6-24-13.)".
|