Bill Text: IL HB3703 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the Raffles Act and the Charitable Games Act. Provides that a poker run is included in the definition of "raffle" (rather than in the definition of "charitable games event") and that a poker run shall not be subject to the organizational licensing provisions of the Act. Amends the Criminal Code of 2012 to exempt poker runs from the provisions criminalizing gambling and syndicated gambling. Effective immediately.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB3703 Detail]

Download: Illinois-2013-HB3703-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB3703 Introduced , by Rep. Rich Brauer SYNOPSIS AS INTRODUCED:
230 ILCS 15/1 from Ch. 85, par. 2301
230 ILCS 15/2 from Ch. 85, par. 2302
230 ILCS 30/2 from Ch. 120, par. 1122
720 ILCS 5/28-1 from Ch. 38, par. 28-1
720 ILCS 5/28-1.1 from Ch. 38, par. 28-1.1
Amends the Raffles Act and the Charitable Games Act. Provides that a poker run is included in the definition of "raffle" (rather than in the definition of "charitable games event") and that a poker run shall not be subject to the organizational licensing provisions of the Act. Amends the Criminal Code of 2012 to exempt poker runs from the provisions criminalizing gambling and syndicated gambling. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning gaming.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Raffles Act is amended by changing Sections
1 and 2 as follows:
(230 ILCS 15/1) (from Ch. 85, par. 2301)
Sec. 1. Definitions.) For the purposes of this Act the
terms defined in this Section have the meanings given them.
"Net Proceeds" means the gross receipts from the conduct of
raffles, less reasonable sums expended for prizes, local
license fees and other reasonable operating expenses incurred
as a result of operating a raffle.
"Poker run" means a raffle event organized by an
organization licensed under this Act in which participants
travel to multiple predetermined locations drawing a playing
card or equivalent item at each location, in order to assemble
a facsimile of a poker hand or other numeric score. "Poker run"
includes dice runs, marble runs, or other events where the
objective is to build the best hand or highest score by
obtaining an item at each location.
"Raffle" means a form of lottery, as defined in Section
28-2(b) of the Criminal Code of 2012, conducted by an
organization licensed under this Act, in which:

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(1) the player pays or agrees to pay something of value
for a chance, represented and differentiated by a number or
by a combination of numbers or by some other medium, one or
more of which chances is to be designated the winning
chance;
(2) the winning chance is to be determined through a
drawing or by some other method based on an element of
chance by an act or set of acts on the part of persons
conducting or connected with the lottery, except that the
winning chance shall not be determined by the outcome of a
publicly exhibited sporting contest.
"Raffle" includes a poker run.
(Source: P.A. 97-1150, eff. 1-25-13.)
(230 ILCS 15/2) (from Ch. 85, par. 2302)
Sec. 2. Licensing.
(a) The governing body of any county or municipality within
this State may establish a system for the licensing of
organizations to operate raffles, other than poker runs. The
governing bodies of a county and one or more municipalities
may, pursuant to a written contract, jointly establish a system
for the licensing of organizations to operate raffles within
any area of contiguous territory not contained within the
corporate limits of a municipality which is not a party to such
contract. The governing bodies of two or more adjacent counties
or two or more adjacent municipalities located within a county

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may, pursuant to a written contract, jointly establish a system
for the licensing of organizations to operate raffles within
the corporate limits of such counties or municipalities. The
licensing authority may establish special categories of
licenses and promulgate rules relating to the various
categories. The licensing system shall provide for limitations
upon (1) the aggregate retail value of all prizes or
merchandise awarded by a licensee in a single raffle, (2) the
maximum retail value of each prize awarded by a licensee in a
single raffle, (3) the maximum price which may be charged for
each raffle chance issued or sold and (4) the maximum number of
days during which chances may be issued or sold. The licensing
system may include a fee for each license in an amount to be
determined by the local governing body. Licenses issued
pursuant to this Act shall be valid for one raffle or for a
specified number of raffles to be conducted during a specified
period not to exceed one year and may be suspended or revoked
for any violation of this Act. A local governing body shall act
on a license application within 30 days from the date of
application. Nothing in this Act shall be construed to prohibit
a county or municipality from adopting rules or ordinances for
the operation of raffles that are more restrictive than
provided for in this Act. The governing body of a municipality
may authorize the sale of raffle chances only within the
borders of the municipality. The governing body of the county
may authorize the sale of raffle chances only in those areas

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which are both within the borders of the county and outside the
borders of any municipality.
(b) Licenses shall be issued only to bona fide religious,
charitable, labor, business, fraternal, educational or
veterans' organizations that operate without profit to their
members and which have been in existence continuously for a
period of 5 years immediately before making application for a
license and which have had during that entire 5 year period a
bona fide membership engaged in carrying out their objects, or
to a non-profit fundraising organization that the licensing
authority determines is organized for the sole purpose of
providing financial assistance to an identified individual or
group of individuals suffering extreme financial hardship as
the result of an illness, disability, accident or disaster.
For purposes of this Act, the following definitions apply.
Non-profit: An organization or institution organized and
conducted on a not-for-profit basis with no personal profit
inuring to any one as a result of the operation. Charitable: An
organization or institution organized and operated to benefit
an indefinite number of the public. The service rendered to
those eligible for benefits must also confer some benefit on
the public. Educational: An organization or institution
organized and operated to provide systematic instruction in
useful branches of learning by methods common to schools and
institutions of learning which compare favorably in their scope
and intensity with the course of study presented in

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tax-supported schools. Religious: Any church, congregation,
society, or organization founded for the purpose of religious
worship. Fraternal: An organization of persons having a common
interest, the primary interest of which is to both promote the
welfare of its members and to provide assistance to the general
public in such a way as to lessen the burdens of government by
caring for those that otherwise would be cared for by the
government. Veterans: An organization or association comprised
of members of which substantially all are individuals who are
veterans or spouses, widows, or widowers of veterans, the
primary purpose of which is to promote the welfare of its
members and to provide assistance to the general public in such
a way as to confer a public benefit. Labor: An organization
composed of workers organized with the objective of betterment
of the conditions of those engaged in such pursuit and the
development of a higher degree of efficiency in their
respective occupations. Business: A voluntary organization
composed of individuals and businesses who have joined together
to advance the commercial, financial, industrial and civic
interests of a community.
(c) Notwithstanding any other provision of law, a poker run
shall not be subject to the organizational licensing provisions
of this Act.
(Source: P.A. 86-820.)
Section 10. The Charitable Games Act is amended by changing

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Section 2 as follows:
(230 ILCS 30/2) (from Ch. 120, par. 1122)
Sec. 2. Definitions. For purposes of this Act, the
following definitions apply:
"Charitable games" means the 14 games of chance involving
cards, dice, wheels, random selection of numbers, and gambling
tickets which may be conducted at charitable games events
listed as follows: roulette, blackjack, poker, pull tabs,
craps, bang, beat the dealer, big six, gin rummy, five card
stud poker, chuck-a-luck, keno, hold-em poker, and merchandise
wheel.
"Charitable games event" or "event" means the type of
fundraising event authorized by the Act at which participants
pay to play charitable games for the chance of winning cash or
noncash prizes. "Charitable games event" or "event" includes a
poker run.
"Charitable organization" means an organization or
institution organized and operated to benefit an indefinite
number of the public.
"Chips" means scrip, play money, poker or casino chips, or
any other representations of money, used to make wagers on the
outcome of any charitable game.
"Department" means the Department of Revenue.
"Educational organization" means an organization or
institution organized and operated to provide systematic

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instruction in useful branches of learning by methods common to
schools and institutions of learning which compare favorably in
their scope and intensity with the course of study presented in
tax-supported schools.
"Fraternal organization" means an organization of persons
having a common interest that is organized and operated
exclusively to promote the welfare of its members and to
benefit the general public on a continuing and consistent
basis, including but not limited to ethnic organizations.
"Labor organization" means an organization composed of
labor unions or workers organized with the objective of
betterment of the conditions of those engaged in such pursuit
and the development of a higher degree of efficiency in their
respective occupations.
"Licensed organization" means a qualified organization
that has obtained a license to conduct a charitable games event
in conformance with the provisions of this Act.
"Non-profit organization" means an organization or
institution organized and conducted on a not-for-profit basis
with no personal profit inuring to anyone as a result of the
operation.
"Organization" means a : A corporation, agency,
partnership, association, firm, business, or other entity
consisting of 2 or more persons joined by a common interest or
purpose.
"Person" means any natural individual, corporation,

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partnership, limited liability company, organization as
defined in this Section, qualified organization, licensed
organization, licensee under this Act, or volunteer.
"Poker run" means an event organized by a sponsoring
organization in which participants travel to 5 or more
predetermined locations, drawing a playing card or equivalent
item at each location, in order to assemble a facsimile of a
poker hand or other numeric score. "Poker run" includes dice
runs, marble runs, or other events where the objective is to
build the best hand or highest score by obtaining an item at
each location.
"Premises" means a distinct parcel of land and the
buildings thereon.
"Provider" means the person or organization owning,
leasing, or controlling premises upon which any charitable
games event is to be conducted.
"Qualified organization" means:
(a) a charitable, religious, fraternal, veterans,
labor, educational organization, or other institution
organized and conducted on a not-for-profit basis with no
personal profit inuring to anyone as a result of the
operation and which is exempt from federal income taxation
under Sections 501(c)(3), 501(c)(4), 501(c)(5), 501(c)(8),
501(c)(10) or 501(c)(19) of the Internal Revenue Code;
(b) a veterans organization as defined in Section 1.1
of the "Bingo License and Tax Act" organized and conducted

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on a not-for-profit basis with no personal profit inuring
to anyone as a result of the operation; or
(c) An auxiliary organization of a veterans
organization.
"Religious organization" means any church, congregation,
society, or organization founded for the purpose of religious
worship.
"Sponsoring organization" means a qualified organization
that has obtained a license to conduct a charitable games event
in conformance with the provisions of this Act.
"Supplier" means any person, firm, or corporation that
sells, leases, lends, distributes, or otherwise provides to any
organization licensed to conduct charitable games events in
Illinois any charitable games equipment.
"Veterans' organization" means an organization comprised
of members of which substantially all are individuals who are
veterans or spouses, widows, or widowers of veterans, the
primary purpose of which is to promote the welfare of its
members and to provide assistance to the general public in such
a way as to confer a public benefit.
"Volunteer" means a person recruited by a licensed
organization who voluntarily performs services at a charitable
games event, including participation in the management or
operation of a game, as defined in Section 8.
(Source: P.A. 98-426, eff. 8-16-13.)

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Section 15. The Criminal Code of 2012 is amended by
changing Sections 28-1 and 28-1.1 as follows:
(720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
Sec. 28-1. Gambling.
(a) A person commits gambling when he or she:
(1) knowingly plays a game of chance or skill for money
or other thing of value, unless excepted in subsection (b)
of this Section;
(2) knowingly makes a wager upon the result of any
game, contest, or any political nomination, appointment or
election;
(3) knowingly operates, keeps, owns, uses, purchases,
exhibits, rents, sells, bargains for the sale or lease of,
manufactures or distributes any gambling device;
(4) contracts to have or give himself or herself or
another the option to buy or sell, or contracts to buy or
sell, at a future time, any grain or other commodity
whatsoever, or any stock or security of any company, where
it is at the time of making such contract intended by both
parties thereto that the contract to buy or sell, or the
option, whenever exercised, or the contract resulting
therefrom, shall be settled, not by the receipt or delivery
of such property, but by the payment only of differences in
prices thereof; however, the issuance, purchase, sale,
exercise, endorsement or guarantee, by or through a person

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registered with the Secretary of State pursuant to Section
8 of the Illinois Securities Law of 1953, or by or through
a person exempt from such registration under said Section
8, of a put, call, or other option to buy or sell
securities which have been registered with the Secretary of
State or which are exempt from such registration under
Section 3 of the Illinois Securities Law of 1953 is not
gambling within the meaning of this paragraph (4);
(5) knowingly owns or possesses any book, instrument or
apparatus by means of which bets or wagers have been, or
are, recorded or registered, or knowingly possesses any
money which he has received in the course of a bet or
wager;
(6) knowingly sells pools upon the result of any game
or contest of skill or chance, political nomination,
appointment or election;
(7) knowingly sets up or promotes any lottery or sells,
offers to sell or transfers any ticket or share for any
lottery;
(8) knowingly sets up or promotes any policy game or
sells, offers to sell or knowingly possesses or transfers
any policy ticket, slip, record, document or other similar
device;
(9) knowingly drafts, prints or publishes any lottery
ticket or share, or any policy ticket, slip, record,
document or similar device, except for such activity

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related to lotteries, bingo games and raffles authorized by
and conducted in accordance with the laws of Illinois or
any other state or foreign government;
(10) knowingly advertises any lottery or policy game,
except for such activity related to lotteries, bingo games
and raffles authorized by and conducted in accordance with
the laws of Illinois or any other state;
(11) knowingly transmits information as to wagers,
betting odds, or changes in betting odds by telephone,
telegraph, radio, semaphore or similar means; or knowingly
installs or maintains equipment for the transmission or
receipt of such information; except that nothing in this
subdivision (11) prohibits transmission or receipt of such
information for use in news reporting of sporting events or
contests; or
(12) knowingly establishes, maintains, or operates an
Internet site that permits a person to play a game of
chance or skill for money or other thing of value by means
of the Internet or to make a wager upon the result of any
game, contest, political nomination, appointment, or
election by means of the Internet. This item (12) does not
apply to activities referenced in items (6) and (6.1) of
subsection (b) of this Section.
(b) Participants in any of the following activities shall
not be convicted of gambling:
(1) Agreements to compensate for loss caused by the

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happening of chance including without limitation contracts
of indemnity or guaranty and life or health or accident
insurance.
(2) Offers of prizes, award or compensation to the
actual contestants in any bona fide contest for the
determination of skill, speed, strength or endurance or to
the owners of animals or vehicles entered in such contest.
(3) Pari-mutuel betting as authorized by the law of
this State.
(4) Manufacture of gambling devices, including the
acquisition of essential parts therefor and the assembly
thereof, for transportation in interstate or foreign
commerce to any place outside this State when such
transportation is not prohibited by any applicable Federal
law; or the manufacture, distribution, or possession of
video gaming terminals, as defined in the Video Gaming Act,
by manufacturers, distributors, and terminal operators
licensed to do so under the Video Gaming Act.
(5) The game commonly known as "bingo", when conducted
in accordance with the Bingo License and Tax Act.
(6) Lotteries when conducted by the State of Illinois
in accordance with the Illinois Lottery Law. This exemption
includes any activity conducted by the Department of
Revenue to sell lottery tickets pursuant to the provisions
of the Illinois Lottery Law and its rules.
(6.1) The purchase of lottery tickets through the

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Internet for a lottery conducted by the State of Illinois
under the program established in Section 7.12 of the
Illinois Lottery Law.
(7) Possession of an antique slot machine that is
neither used nor intended to be used in the operation or
promotion of any unlawful gambling activity or enterprise.
For the purpose of this subparagraph (b)(7), an antique
slot machine is one manufactured 25 years ago or earlier.
(8) Raffles, including poker runs, when conducted in
accordance with the Raffles Act.
(9) Charitable games when conducted in accordance with
the Charitable Games Act.
(10) Pull tabs and jar games when conducted under the
Illinois Pull Tabs and Jar Games Act.
(11) Gambling games conducted on riverboats when
authorized by the Riverboat Gambling Act.
(12) Video gaming terminal games at a licensed
establishment, licensed truck stop establishment, licensed
fraternal establishment, or licensed veterans
establishment when conducted in accordance with the Video
Gaming Act.
(13) Games of skill or chance where money or other
things of value can be won but no payment or purchase is
required to participate.
(c) Sentence.
Gambling is a Class A misdemeanor. A second or subsequent

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conviction under subsections (a)(3) through (a)(12), is a Class
4 felony.
(d) Circumstantial evidence.
In prosecutions under this Section circumstantial evidence
shall have the same validity and weight as in any criminal
prosecution.
(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09;
96-1203, eff. 7-22-10; 97-1108, eff. 1-1-13.)
(720 ILCS 5/28-1.1) (from Ch. 38, par. 28-1.1)
Sec. 28-1.1. Syndicated gambling.
(a) Declaration of Purpose. Recognizing the close
relationship between professional gambling and other organized
crime, it is declared to be the policy of the legislature to
restrain persons from engaging in the business of gambling for
profit in this State. This Section shall be liberally construed
and administered with a view to carrying out this policy.
(b) A person commits syndicated gambling when he or she
operates a "policy game" or engages in the business of
bookmaking.
(c) A person "operates a policy game" when he or she
knowingly uses any premises or property for the purpose of
receiving or knowingly does receive from what is commonly
called "policy":
(1) money from a person other than the bettor or player
whose bets or plays are represented by the money; or

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(2) written "policy game" records, made or used over
any period of time, from a person other than the bettor or
player whose bets or plays are represented by the written
record.
(d) A person engages in bookmaking when he or she knowingly
receives or accepts more than five bets or wagers upon the
result of any trials or contests of skill, speed or power of
endurance or upon any lot, chance, casualty, unknown or
contingent event whatsoever, which bets or wagers shall be of
such size that the total of the amounts of money paid or
promised to be paid to the bookmaker on account thereof shall
exceed $2,000. Bookmaking is the receiving or accepting of bets
or wagers regardless of the form or manner in which the
bookmaker records them.
(e) Participants in any of the following activities shall
not be convicted of syndicated gambling:
(1) Agreements to compensate for loss caused by the
happening of chance including without limitation contracts
of indemnity or guaranty and life or health or accident
insurance;
(2) Offers of prizes, award or compensation to the
actual contestants in any bona fide contest for the
determination of skill, speed, strength or endurance or to
the owners of animals or vehicles entered in the contest;
(3) Pari-mutuel betting as authorized by law of this
State;

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(4) Manufacture of gambling devices, including the
acquisition of essential parts therefor and the assembly
thereof, for transportation in interstate or foreign
commerce to any place outside this State when the
transportation is not prohibited by any applicable Federal
law;
(5) Raffles, including poker runs, when conducted in
accordance with the Raffles Act;
(6) Gambling games conducted on riverboats when
authorized by the Riverboat Gambling Act; and
(7) Video gaming terminal games at a licensed
establishment, licensed truck stop establishment, licensed
fraternal establishment, or licensed veterans
establishment when conducted in accordance with the Video
Gaming Act.
(f) Sentence. Syndicated gambling is a Class 3 felony.
(Source: P.A. 96-34, eff. 7-13-09; 97-1108, eff. 1-1-13.)
Section 99. Effective date. This Act takes effect upon
becoming law.