Bill Text: IL SB0521 | 2021-2022 | 102nd General Assembly | Engrossed


Bill Title: Amends the Illinois Horse Racing Act of 1975. Provides the application process for the issuance of an organization license for the standardbred racetrack in Cook County. Changes the bond requirement for an applicant for an organization license. Makes changes to the qualifications for stallions for the Illinois Standardbred Breeders Fund. Amends the Illinois Gambling Act. Requires applicants for an owners license to provide evidence of a labor peace agreement or intention to enter into a labor peace agreement that meets certain requirements with a bona fide labor organization. Provides that an applicant for a suppliers license under the Act that already holds a specified license issued by the Illinois Gaming Board is entitled to licensure as a supplier under the Act without additional Board investigation or approval, except by a vote of the Board. Provides that an initial suppliers license shall be issued for 4 years and may be renewed for additional 4-year periods. Provides that if a holder of a specified license issued by the Board is granted an additional license issued by the Board, the initial period of the new license shall expire at the earliest expiration date of any other specified licenses held by the licensee. Amends the Raffles and Poker Runs Act. Allows raffle licenses to be issued to fire protection agencies and associations that represent fire protection officials. Defines "fire protection agency" to mean a State, local government, or intergovernmental agency vested with the duty and authority to provide public fire suppression, rescue, or emergency medical services or an organization that provides support or assistance to such an agency. Amends the Video Gaming Act. Creates a sales agent and broker license to solicit or receive business from current or potential establishments licensed under the Act. Allows a qualified fraternal organization and a qualified veterans organization that derive their charters from a national organization to apply for a license allowing video gaming if the proposed establishment is located in a municipality having a population of not more than 1,000,000 that has enacted an ordinance prohibiting video gaming within the corporate limits or a county having a population of not more than 1,000,000 that has enacted an ordinance prohibiting video gaming within the unincorporated area of the county. Allows a qualified fraternal organization and a qualified veterans organization that derive their charters from a national organization to apply for a license allowing video gaming without a license under the Liquor Control Act of 1934 if the proposed establishment is located in a municipality having a population of not more than 1,000,000 or a county having a population of not more than 1,000,000. Provides that a non-home rule unit of government may not impose any fee for the operation of a video gaming terminal in excess of $250 (rather than $25). Removes language prohibiting the City of Rockford from imposing such a fee in excess of $250. Provides that a home rule municipality may not impose such a fee. Provides that the cost of any fee for the operation of a video gaming terminal shall be shared equally between the terminal operator and the applicable establishment authorized to conduct video gaming under the Act. Provides that the licensure, registration, regulation of video gaming, and the imposition of fees and other charges under the Act in connection with licensure, registration, and regulation, are exclusive powers and functions of the State. Provides that no home rule municipality or non-home rule unit may license, register, or otherwise regulate, or impose any type of fee or any other charge upon, a manufacturer, distributor, terminal operator, licensed technician, licensed terminal handler, licensed establishment, licensed veterans establishment, licensed truck stop establishment, licensed large truck stop establishment, or licensed fraternal establishment. Prohibits a home rule municipality or non-home rule unit from imposing any type of tax upon licensees, occupations, and other activities authorized under the Act. Provides that any home rule municipality that has adopted an ordinance imposing an amusement tax on persons who participate in the playing of video gaming terminals on or before June 1, 2021 may continue to impose such amusement tax pursuant to such ordinance but shall not increase, expand, or extend the tax or tax rate on such persons participating in playing video gaming terminals in excess of that tax or rate set forth in such ordinance and shall not otherwise impose any other tax upon any entity or person. Amends the Sports Wagering Act. Changes the renewal period for a supplier license from one year to 4 years. Provides that beginning 4 years after issuance of the initial supplier license, a holder of a supplier license shall pay a $150,000 annual license fee. Until July 1, 2023, allows tier 1 sports wagers that are not related to an individual athlete's performance and are made in person on Illinois collegiate teams. Makes other changes. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 22-9)

Status: (Engrossed - Dead) 2022-10-21 - Chief Sponsor Changed to Sen. Don Harmon [SB0521 Detail]

Download: Illinois-2021-SB0521-Engrossed.html



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1 AN ACT concerning gaming.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Raffles and Poker Runs Act is amended by
5changing Sections 1 and 2 as follows:
6 (230 ILCS 15/1) (from Ch. 85, par. 2301)
7 Sec. 1. Definitions. For the purposes of this Act the
8terms defined in this Section have the meanings given them.
9 "Fire protection agency" means: (1) an agency of this
10State, unit of local government, or intergovernmental mutual
11aid entity that is vested by law or intergovernmental
12agreement with the duty and authority to provide public fire
13suppression, rescue, or emergency medical services; or (2) an
14organization that provides support or assistance to an agency
15of this State, unit of local government, or intergovernmental
16mutual aid entity that is vested by law or intergovernmental
17agreement with the duty and authority to provide public fire
18suppression, rescue, or emergency medical services.
19 "Key location" means:
20 (1) For a poker run, the location where the poker run
21 concludes and the prizes are awarded.
22 (2) For a raffle, the location where the winning
23 chances in the raffle are determined.

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1 "Law enforcement agency" means an agency of this State or
2a unit of local government in this State that is vested by law
3or ordinance with the duty to maintain public order and to
4enforce criminal laws or ordinances.
5 "Net proceeds" means the gross receipts from the conduct
6of raffles, less reasonable sums expended for prizes, local
7license fees and other operating expenses incurred as a result
8of operating a raffle or poker run.
9 "Poker run" means a prize-awarding event organized by an
10organization licensed under this Act in which participants
11travel to multiple predetermined locations, including a key
12location, to play a randomized game based on an element of
13chance. "Poker run" includes dice runs, marble runs, or other
14events where the objective is to build the best hand or highest
15score by obtaining an item or playing a randomized game at each
16location.
17 "Raffle" means a form of lottery, as defined in subsection
18(b) of Section 28-2 of the Criminal Code of 2012, conducted by
19an organization licensed under this Act, in which:
20 (1) the player pays or agrees to pay something of
21 value for a chance, represented and differentiated by a
22 number or by a combination of numbers or by some other
23 medium, one or more of which chances is to be designated
24 the winning chance; and
25 (2) the winning chance is to be determined through a
26 drawing or by some other method based on an element of

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1 chance by an act or set of acts on the part of persons
2 conducting or connected with the lottery, except that the
3 winning chance shall not be determined by the outcome of a
4 publicly exhibited sporting contest.
5 "Raffle" does not include any game designed to simulate:
6(1) gambling games as defined in the Illinois Riverboat
7Gambling Act, (2) any casino game approved for play by the
8Illinois Gaming Board, (3) any games provided by a video
9gaming terminal, as defined in the Video Gaming Act, or (4) a
10savings promotion raffle authorized under Section 5g of the
11Illinois Banking Act, Section 7008 of the Savings Bank Act,
12Section 42.7 of the Illinois Credit Union Act, Section 5136B
13of the National Bank Act, or Section 4 of the Home Owners' Loan
14Act.
15(Source: P.A. 101-109, eff. 7-19-19; revised 12-9-19.)
16 (230 ILCS 15/2) (from Ch. 85, par. 2302)
17 Sec. 2. Licensing.
18 (a) The governing body of any county or municipality
19within this State may establish a system for the licensing of
20organizations to operate raffles. The governing bodies of a
21county and one or more municipalities may, pursuant to a
22written contract, jointly establish a system for the licensing
23of organizations to operate raffles within any area of
24contiguous territory not contained within the corporate limits
25of a municipality which is not a party to such contract. The

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1governing bodies of two or more adjacent counties or two or
2more adjacent municipalities located within a county may,
3pursuant to a written contract, jointly establish a system for
4the licensing of organizations to operate raffles within the
5corporate limits of such counties or municipalities. The
6licensing authority may establish special categories of
7licenses and promulgate rules relating to the various
8categories. The licensing system shall provide for limitations
9upon (1) the aggregate retail value of all prizes or
10merchandise awarded by a licensee in a single raffle, if any,
11(2) the maximum retail value of each prize awarded by a
12licensee in a single raffle, if any, (3) the maximum price
13which may be charged for each raffle chance issued or sold, if
14any, and (4) the maximum number of days during which chances
15may be issued or sold, if any. The licensing system may include
16a fee for each license in an amount to be determined by the
17local governing body. Licenses issued pursuant to this Act
18shall be valid for one raffle or for a specified number of
19raffles to be conducted during a specified period not to
20exceed one year and may be suspended or revoked for any
21violation of this Act. A local governing body shall act on a
22license application within 30 days from the date of
23application. A county or municipality may adopt rules or
24ordinances for the operation of raffles that are consistent
25with this Act. Raffles shall be licensed by the governing body
26of the municipality with jurisdiction over the key location

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1or, if no municipality has jurisdiction over the key location,
2then by the governing body of the county with jurisdiction
3over the key location. A license shall authorize the holder of
4such license to sell raffle chances throughout the State,
5including beyond the borders of the licensing municipality or
6county.
7 (a-5) The governing body of Cook County may and any other
8county within this State shall establish a system for the
9licensing of organizations to operate poker runs. The
10governing bodies of 2 or more adjacent counties may, pursuant
11to a written contract, jointly establish a system for the
12licensing of organizations to operate poker runs within the
13corporate limits of such counties. The licensing authority may
14establish special categories of licenses and adopt rules
15relating to the various categories. The licensing system may
16include a fee not to exceed $25 for each license. Licenses
17issued pursuant to this Act shall be valid for one poker run or
18for a specified number of poker runs to be conducted during a
19specified period not to exceed one year and may be suspended or
20revoked for any violation of this Act. A local governing body
21shall act on a license application within 30 days after the
22date of application.
23 (b) Raffle licenses shall be issued only: (1) to bona fide
24religious, charitable, labor, business, fraternal,
25educational, veterans', or other bona fide not-for-profit
26organizations that operate without profit to their members and

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1which have been in existence continuously for a period of 5
2years immediately before making application for a raffle
3license and which have during that entire 5-year period been
4engaged in carrying out their objects, (2) or to a non-profit
5fundraising organization that the licensing authority
6determines is organized for the sole purpose of providing
7financial assistance to an identified individual or group of
8individuals suffering extreme financial hardship as the result
9of an illness, disability, accident, or disaster, (3) or to
10any law enforcement agencies and associations that represent
11law enforcement officials, or (4) to any fire protection
12agencies and associations that represent fire protection
13officials. Poker run licenses shall be issued only to bona
14fide religious, charitable, labor, business, fraternal,
15educational, veterans', or other bona fide not-for-profit
16organizations that operate without profit to their members and
17which have been in existence continuously for a period of 5
18years immediately before making application for a poker run
19license and which have during that entire 5-year period been
20engaged in carrying out their objects. Licenses for poker runs
21shall be issued for the following purposes: (i) providing
22financial assistance to an identified individual or group of
23individuals suffering extreme financial hardship as the result
24of an illness, disability, accident, or disaster or (ii) to
25maintain the financial stability of the organization. A
26licensing authority may waive the 5-year requirement under

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1this subsection (b) for a bona fide religious, charitable,
2labor, business, fraternal, educational, or veterans'
3organization that applies for a license to conduct a raffle or
4a poker run if the organization is a local organization that is
5affiliated with and chartered by a national or State
6organization that meets the 5-year requirement.
7 For purposes of this Act, the following definitions apply.
8Non-profit: An organization or institution organized and
9conducted on a not-for-profit basis with no personal profit
10inuring to any one as a result of the operation. Charitable: An
11organization or institution organized and operated to benefit
12an indefinite number of the public. The service rendered to
13those eligible for benefits must also confer some benefit on
14the public. Educational: An organization or institution
15organized and operated to provide systematic instruction in
16useful branches of learning by methods common to schools and
17institutions of learning which compare favorably in their
18scope and intensity with the course of study presented in
19tax-supported schools. Religious: Any church, congregation,
20society, or organization founded for the purpose of religious
21worship. Fraternal: An organization of persons having a common
22interest, the primary interest of which is to both promote the
23welfare of its members and to provide assistance to the
24general public in such a way as to lessen the burdens of
25government by caring for those that otherwise would be cared
26for by the government. Veterans: An organization or

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1association comprised of members of which substantially all
2are individuals who are veterans or spouses, widows, or
3widowers of veterans, the primary purpose of which is to
4promote the welfare of its members and to provide assistance
5to the general public in such a way as to confer a public
6benefit. Labor: An organization composed of workers organized
7with the objective of betterment of the conditions of those
8engaged in such pursuit and the development of a higher degree
9of efficiency in their respective occupations. Business: A
10voluntary organization composed of individuals and businesses
11who have joined together to advance the commercial, financial,
12industrial and civic interests of a community.
13(Source: P.A. 100-201, eff. 8-18-17; 101-109, eff. 7-19-19;
14101-360, eff. 1-1-20; revised 9-9-19.)
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