Rep. Daniel Didech
Filed: 5/15/2024
 
 
 




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1
AMENDMENT TO HOUSE BILL 394


2 AMENDMENT NO. ______. Amend House Bill 394 by replacing 
3everything after the enacting clause with the following:

4 "Section 1. Short title. This Act may be cited as the 
5Family Amusement Wagering Prohibition Act.

6 Section 5. Definitions. As used in this Act:
7 "Advertise" means to engage in promotional activities, 
8including, but not limited to, newspaper, radio, Internet and 
9electronic media, and television advertising, the distribution 
10of fliers and circulars, billboard advertising, and the 
11display of window and interior signs.
12 "Amusement device" means a game or machine which a person 
13activates by inserting or using currency or a coin, card, 
14coupon, slug, token, or similar device, and the person playing 
15or operating the game or machine impacts the outcome of the 
16game. "Amusement device" includes games of skill, games of 
 
 
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1chance, and games of a combination of skill and chance. 
2"Amusement device" does not include a device certified by the 
3Illinois Gaming Board to be operated by an Illinois Gaming 
4Board licensee.
5 "Crane game" means an amusement device involving skill, if 
6it rewards the player exclusively with merchandise contained 
7within the amusement device proper and limited to toys, 
8novelties, and prizes other than currency, each having a 
9wholesale value which is not more than $25.
10 "Family amusement establishment" means a place of business 
11with amusement devices on the premises.
12 "Merchandise" means noncash prizes maintained on the 
13premises by the family amusement establishment, including toys 
14and novelties. "Merchandise" does not include any prize or 
15other item, if the exchange or conversion to cash or a cash 
16equivalent is facilitated or permitted by the family amusement 
17establishment.
18 "Redemption machine" means a single-player or multi-player 
19amusement device involving a game, the object of which is 
20throwing, rolling, bowling, shooting, placing, or propelling a 
21ball or other object that is either physical or computer 
22generated on a display or with lights into, upon, or against a 
23hole or other target that is either physical or computer 
24generated on a display or with lights, or stopping, by 
25physical, mechanical, or electronic means, a moving object 
26that is either physical or computer generated on a display or 
 
 
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1with lights into, upon, or against a hole or other target that 
2is either physical or computer generated on a display or with 
3lights, if all of the following conditions are met:
4  (1) The outcome of the game is predominantly 
5 determined by the skill of the player.
6  (2) The award of the prize is based solely upon the 
7 player's achieving the object of the game or otherwise 
8 upon the player's score.
9  (3) Only merchandise prizes are awarded.
10  (4) The wholesale value of prizes awarded in lieu of 
11 tickets or tokens for single play of the device does not 
12 exceed $25.
13  (5) The redemption value of tickets, tokens, and other 
14 representations of value, which may be accumulated by 
15 players to redeem prizes of greater value, for a single 
16 play of the device does not exceed $25.
17 "Wager" means a sum of money or thing of value risked on an 
18uncertain outcome.

19 Section 10. Wagering facilitation prohibited. No family 
20amusement establishment shall facilitate wagering on amusement 
21devices. Facilitating wagering on amusement devices includes, 
22but is not limited to, taking any action that knowingly allows 
23any entity to facilitate wagering on amusement devices on the 
24family amusement establishment's premises.

 
 
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1 Section 15. Wagering advertising prohibited. No family 
2amusement establishment shall engage in advertising that 
3promotes wagering on amusement devices.

4 Section 20. Exemptions. Nothing in this Act shall prohibit 
5a family amusement establishment from offering:
6  (1) a coin-in-the-slot operated mechanical device 
7 played for amusement which rewards the player with the 
8 right to replay such mechanical device, which device is so 
9 constructed or devised as to make such result of the 
10 operation thereof depend in part upon the skill of the 
11 player and which returns to the player thereof no money, 
12 property, or right to receive money or property;
13  (2) a vending machine by which full and adequate 
14 return is made for the money invested and in which there is 
15 no element of chance or hazard;
16  (3) a crane game; or
17  (4) a redemption machine.

18 Section 25. The Criminal Code of 2012 is amended by 
19changing Section 28-1 as follows:

20 (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
21 Sec. 28-1. Gambling. 
22 (a) A person commits gambling when he or she:
23  (1) knowingly plays a game of chance or skill for 
 
 
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1 money or other thing of value, unless excepted in 
2 subsection (b) 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 
17 delivery of such property, but by the payment only of 
18 differences in prices thereof; however, the issuance, 
19 purchase, sale, exercise, endorsement or guarantee, by or 
20 through a person registered with the Secretary of State 
21 pursuant to Section 8 of the Illinois Securities Law of 
22 1953, or by or through a person exempt from such 
23 registration under said Section 8, of a put, call, or 
24 other option to buy or sell securities which have been 
25 registered with the Secretary of State or which are exempt 
26 from such registration under Section 3 of the Illinois 
 
 
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1 Securities Law of 1953 is not gambling within the meaning 
2 of this paragraph (4);
3  (5) knowingly owns or possesses any book, instrument 
4 or apparatus by means of which bets or wagers have been, or 
5 are, recorded or registered, or knowingly possesses any 
6 money which he has received in the course of a bet or 
7 wager;
8  (6) knowingly sells pools upon the result of any game 
9 or contest of skill or chance, political nomination, 
10 appointment or election;
11  (7) knowingly sets up or promotes any lottery or 
12 sells, offers to sell or transfers any ticket or share for 
13 any lottery;
14  (8) knowingly sets up or promotes any policy game or 
15 sells, offers to sell or knowingly possesses or transfers 
16 any policy ticket, slip, record, document or other similar 
17 device;
18  (9) knowingly drafts, prints or publishes any lottery 
19 ticket or share, or any policy ticket, slip, record, 
20 document or similar device, except for such activity 
21 related to lotteries, bingo games and raffles authorized 
22 by and conducted in accordance with the laws of Illinois 
23 or any other state or foreign government;
24  (10) knowingly advertises any lottery or policy game, 
25 except for such activity related to lotteries, bingo games 
26 and raffles authorized by and conducted in accordance with 
 
 
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1 the laws of Illinois or any other state;
2  (11) knowingly transmits information as to wagers, 
3 betting odds, or changes in betting odds by telephone, 
4 telegraph, radio, semaphore or similar means; or knowingly 
5 installs or maintains equipment for the transmission or 
6 receipt of such information; except that nothing in this 
7 subdivision (11) prohibits transmission or receipt of such 
8 information for use in news reporting of sporting events 
9 or contests; or
10  (12) knowingly establishes, maintains, or operates an 
11 Internet site that permits a person to play a game of 
12 chance or skill for money or other thing of value by means 
13 of the Internet or to make a wager upon the result of any 
14 game, contest, political nomination, appointment, or 
15 election by means of the Internet. This item (12) does not 
16 apply to activities referenced in items (6), (6.1), (8), 
17 (8.1), and (15) of subsection (b) of this Section; or . 
18  (13) knowingly facilitates wagering on amusement 
19 devices or knowingly engages in advertising that promotes 
20 wagering on amusement devices in violation of the Family 
21 Amusement Wagering Prohibition Act. 
22 (b) Participants in any of the following activities shall 
23not be convicted of gambling:
24  (1) Agreements to compensate for loss caused by the 
25 happening of chance including without limitation contracts 
26 of indemnity or guaranty and life or health or accident 
 
 
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1 insurance.
2  (2) Unless prohibited by the Family Amusement Wagering 
3 Prohibition Act, offers Offers of prizes, award or 
4 compensation to the actual contestants in any bona fide 
5 contest for the determination of skill, speed, strength or 
6 endurance or to the owners of animals or vehicles entered 
7 in such contest.
8  (3) Pari-mutuel betting as authorized by the law of 
9 this State.
10  (4) Manufacture of gambling devices, including the 
11 acquisition of essential parts therefor and the assembly 
12 thereof, for transportation in interstate or foreign 
13 commerce to any place outside this State when such 
14 transportation is not prohibited by any applicable Federal 
15 law; or the manufacture, distribution, or possession of 
16 video gaming terminals, as defined in the Video Gaming 
17 Act, by manufacturers, distributors, and terminal 
18 operators licensed to do so under the Video Gaming Act.
19  (5) The game commonly known as "bingo", when conducted 
20 in accordance with the Bingo License and Tax Act.
21  (6) Lotteries when conducted by the State of Illinois 
22 in accordance with the Illinois Lottery Law. This 
23 exemption includes any activity conducted by the 
24 Department of Revenue to sell lottery tickets pursuant to 
25 the provisions of the Illinois Lottery Law and its rules.
26  (6.1) The purchase of lottery tickets through the 
 
 
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1 Internet for a lottery conducted by the State of Illinois 
2 under the program established in Section 7.12 of the 
3 Illinois Lottery Law. 
4  (7) Possession of an antique slot machine that is 
5 neither used nor intended to be used in the operation or 
6 promotion of any unlawful gambling activity or enterprise. 
7 For the purpose of this subparagraph (b)(7), an antique 
8 slot machine is one manufactured 25 years ago or earlier.
9  (8) Raffles and poker runs when conducted in 
10 accordance with the Raffles and Poker Runs Act.
11  (8.1) The purchase of raffle chances for a raffle 
12 conducted in accordance with the Raffles and Poker Runs 
13 Act. 
14  (9) Charitable games when conducted in accordance with 
15 the Charitable Games Act.
16  (10) Pull tabs and jar games when conducted under the 
17 Illinois Pull Tabs and Jar Games Act.
18  (11) Gambling games when authorized by the Illinois 
19 Gambling Act.
20  (12) Video gaming terminal games at a licensed 
21 establishment, licensed truck stop establishment, licensed 
22 large truck stop establishment, licensed fraternal 
23 establishment, or licensed veterans establishment when 
24 conducted in accordance with the Video Gaming Act. 
25  (13) Games of skill or chance where money or other 
26 things of value can be won but no payment or purchase is 
 
 
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