Rep. Barbara Flynn Currie
Filed: 11/7/2011
 
 


 




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1
AMENDMENT TO SENATE BILL 1297 




2 AMENDMENT NO. ______. Amend Senate Bill 1297 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Bingo License and Tax Act is amended by 
5changing Sections 1.1 and 2 and by adding Section 2.5 as 
6follows:

7 (230 ILCS 25/1.1)
8 Sec. 1.1. Definitions. For purposes of this Act, the 
9following definitions apply:
10 "Bingo" means a game in which each player has a card or 
11board for which a consideration has been paid, containing 5 
12horizontal rows of spaces, with each row except the central one 
13containing 5 figures. The central row has 4 figures with the 
14word "free" marked in the center space. "Bingo" includes games 
15that otherwise qualify under this paragraph, except for the use 
16of cards where the figures are not preprinted but are filled in 
 
 
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1by the players. A player wins a game of bingo by completing a 
2preannounced combination of spaces or, in the absence of a 
3preannouncement of a combination of spaces, any combination of 
45 spaces in a row, vertically, horizontally, or diagonally.
5 "Bingo equipment" means any equipment or machinery 
6designed or used for the play of bingo. "Bingo equipment" does 
7not include electronic equipment.
8 "Charitable organization" means an organization or 
9institution organized and operated to benefit an indefinite 
10number of the public.
11 "Department" means the Department of Revenue.
12 "Educational organization" means an organization or 
13institution organized and operated to provide systematic 
14instruction in useful branches of learning by methods common to 
15schools and institutions of learning which compare favorably in 
16their scope and intensity with the course of study presented in 
17tax-supported schools.
18 "Fraternal organization" means an organization of persons 
19having a common interest that is organized and operated 
20exclusively to promote the welfare of its members and to 
21benefit the general public on a continuing and consistent 
22basis, including but not limited to ethnic organizations.
23 "Holiday" means any of the holidays listed in Section 17 of 
24the Promissory Note and Bank Holiday Act.
25 "Labor organization" means an organization composed of 
26labor unions or workers organized with the objectives of 
 
 
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1betterment of the conditions of those engaged in such pursuit 
2and the development of a higher degree of efficiency in their 
3respective occupations.
4 "Licensed organization" means a qualified organization 
5that has obtained a license to conduct bingo in conformance 
6with the provisions of this Act.
7 "Limited license" means a license issued to an organization 
8that is not a licensed organization, but that is otherwise 
9eligible for a regular license to conduct bingo. A limited 
10license authorizes the conduct of bingo at up to 2 indoor or 
11outdoor festivals during the calendar year for which the 
12license is issued for a maximum of 5 consecutive days on each 
13occasion.
14 "Non-profit organization" means an organization or 
15institution organized and conducted on a not-for-profit basis 
16with no personal profit inuring to anyone as a result of the 
17operation.
18 "Organization" means a corporation, agency, partnership, 
19association, firm, business or other entity consisting of 2 or 
20more persons joined by a common interest or purpose.
21 "Person" means any natural individual, corporation, 
22partnership, limited liability company, organization (as 
23defined in this Section), licensee under this Act, or 
24volunteer.
25 "Provider" means any person or organization, except a city, 
26village, or incorporated town that owns or leases premises to 
 
 
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1an organization for the conduct of bingo.
2 "Regular license" means a license authorizing its holder to 
3conduct one session of bingo per week on the date and at the 
4time and location stated on the license.
5 "Religious organization" means any church, congregation, 
6society, or organization founded for the purpose of religious 
7worship.
8 "Remote caller bingo game" means a game of bingo in which 
9(1) the numbers or symbols on randomly drawn plastic balls are

10announced by a natural person present at the site where the 
11live
game is conducted and (2) the organization conducting the 
12game of bingo
uses audio and video technology to link any of 
13its in-state
facilities for the purpose of transmitting the 
14remote calling of a
live bingo game from a single location to 
15multiple locations owned,
leased, or rented by that 
16organization. 
17 "Senior citizens organization" means an organization or 
18association comprised of members of which substantially all are 
19individuals who are senior citizens, as defined in the Illinois 
20Act on the Aging, the primary purpose of which is to promote 
21the welfare of its members.
22 "Special games" means bingo games that may be designated as 
23such, played a maximum of 5 times during a bingo session and 
24are distinguished from regular games only by the maximum price 
25that may be charged for the bingo cards used.
26 "Special permit" means the ability of a licensee who 
 
 
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1currently holds a license to be granted a permit to conduct 
2bingo at other premises or on other days not exceeding 5 
3consecutive days.
4 "Supplier" means any person, firm, or corporation that 
5sells, leases, or distributes to any organization licensed to 
6conduct bingo or to any licensed bingo supplier, cards, boards, 
7sheets, markers, pads and any other supplies, devices and 
8equipment designed for use in the play of bingo.
9 "Veterans' organization" means an organization comprised 
10of members of which substantially all are individuals who are 
11veterans or spouses, widows, or widowers of veterans, the 
12primary purpose of which is to promote the welfare of its 
13members and to provide assistance to the general public in such 
14a way as to confer a public benefit.
15 "Volunteer" means a person recruited by an organization who 
16voluntarily performs services at a bingo event, including 
17participation in the management or operation of a game.
18 "Youth athletic organization" means an organization having 
19as its exclusive purpose the promotion and provision of 
20athletic activities for youth aged 18 and under.


21(Source: P.A. 95-228, eff. 8-16-07.)




22 (230 ILCS 25/2) (from Ch. 120, par. 1102)


23 Sec. 2. The conducting of bingo is subject to the following 
24restrictions: 

25  (1) The entire net proceeds from bingo play must be 
 
 
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1 exclusively devoted
to the lawful purposes of the 
2 organization permitted to conduct that game.

3  (2) (Blank).

4  (2.5) No person except a bona fide member or employee 
5 of the sponsoring organization may participate in the 
6 management or operation of bingo.

7  (3) No person may receive any remuneration or profit 
8 for participating
in the management or operation of the 
9 game, except that if an organization
licensed under this 
10 Act is associated with a school or other educational

11 institution, that school or institution may reduce tuition 
12 or fees for a
designated pupil based on participation in 
13 the management or operation of
the game by any member of 
14 the organization. The extent to which tuition and
fees are 
15 reduced shall relate proportionately to the amount of time 
16 volunteered
by the member, as determined by the school or 
17 other educational institution.

18  (4) The aggregate retail value of all prizes or 
19 merchandise awarded in
any single day of bingo may not 
20 exceed $2,250, except that in adjoining
counties having 
21 200,000 to 275,000 inhabitants each, and in counties which

22 are adjacent to either of such adjoining counties and are 
23 adjacent to a
total of not more than 2 counties in this 
24 State, and in any municipality
having 2,500 or more 
25 inhabitants and within one mile of such adjoining and

26 adjacent counties having less than 25,000 inhabitants, 2 
 
 
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1 additional bingo
games may be conducted after the $2,250 
2 limit has been reached. The prize
awarded for any one game, 
3 including any game conducted after reaching
the $2,250 
4 limit as authorized in this paragraph (4), may not exceed 
5 $500
cash or its equivalent.

6  (5) The number of games, including regular and special 
7 games, may not exceed 25 in any one day, except that this 
8 restriction on the number of games
shall not apply to bingo 
9 conducted at the Illinois State Fair or any county
fair 
10 held in Illinois.

11  (6) The price paid for a single card under the license 
12 may not exceed
$1 and such card is valid for all regular 
13 games on that day of bingo.
A maximum of 5 special games 
14 may be held on each bingo day, except that
this restriction 
15 on the number of special games shall not apply to bingo

16 conducted at the Illinois State Fair or any county fair 
17 held in Illinois.
The price for a single special game card 
18 may not exceed 50 cents.

19  (7) The number of bingo days conducted by a licensee 
20 under this Act, including any remote caller bingo games, is

21 limited to one per week, except as follows:


22   (i) Bingo may be conducted in accordance with the 
23 terms of a special
operator's permit or limited license 
24 issued under subdivision (7) or (8) of Section 1.3.


25   (ii) Bingo may be conducted at the Illinois State 
26 Fair
or any county fair held in Illinois under 
 
 
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1 subdivision (6) of Section 1.3.


2   (iii) A licensee which cancels a day of bingo 
3 because of inclement
weather or because the day is a 
4 holiday or the eve of a holiday may, after
giving 
5 notice to the Department, conduct bingo on an 
6 additional date which
falls on a day of the week other 
7 than the day authorized under the license.

8  (8) A licensee may rent a premises on which to conduct 
9 bingo only from
an organization which is licensed as a 
10 provider of premises or exempt from
license requirements 
11 under this Act. If the organization providing the premises

12 is a metropolitan exposition, auditorium, and office 
13 building authority created
by State law, a licensee may 
14 enter into a rental agreement with the
organization 
15 authorizing the licensee and the organization to share the 
16 gross
proceeds of bingo games; however, the organization 
17 shall not receive more than
50% of the gross proceeds.

18  (9) No person under the age of 18 years may play or 
19 participate in the
conducting of bingo. Any person under 
20 the age of 18 years may be within the
area where bingo is 
21 being played only when accompanied by his parent or

22 guardian.

23  (10) The promoter of bingo games must have a 
24 proprietary interest in the
game promoted.

25  (11) Raffles or other forms of gambling prohibited by 
26 law shall not be
conducted on the premises where bingo is 
 
 
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1 being conducted, except that
pull tabs and jar games 
2 conducted under the Illinois Pull Tabs and Jar
Games Act 
3 may be conducted on the premises where bingo is being 
4 conducted.
Prizes awarded in pull tabs and jar games shall 
5 not be included in the
bingo prize limitation.

6  (12) Organizations may be issued a special permit or 
7 limited license no more than 2 times in any year. An 
8 organization holding a special operator's permit or a 
9 limited
license may, as one of the occasions allowed by 
10 such permit or license,
conduct bingo for a maximum of 2 
11 consecutive days. If an organization conducts bingo 
12 pursuant to a limited license or special permit, then
the 
13 number of games played during each day may exceed 25, and 
14 regular game cards need not be valid
for all regular games. 
15 If only noncash prizes are awarded during such
occasions, 
16 the prize limits stated in subdivision (4) of this Section 
17 shall
not apply, provided that the retail value of noncash 
18 prizes for any single
game shall not exceed $150.

19(Source: P.A. 95-228, eff. 8-16-07.)


20 (230 ILCS 25/2.5 new)
21 Sec. 2.5. Remote caller bingo license; restrictions.
22 (a) No person or organization may conduct a remote caller 
23bingo game without a remote caller bingo license. The remote 
24caller bingo game license must list all of the locations 
25approved by the Department to conduct remote caller bingo games 
 
 
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1under that license. The Department shall issue qualifications 
2for a remote caller bingo license and set forth an application 
3process. 
4 (b) The conducting of a remote caller bingo game is subject 
5to the following restrictions:
6  (1) The drawing of each ball bearing a number or symbol 
7 by the
natural person calling the game shall be visible to 
8 all players as
the ball is drawn, including through a 
9 simultaneous live video feed
at remote locations at which 
10 players may participate in the game. The audio or video 
11 technology used
to link the facilities may include cable, 
12 Internet, satellite,
broadband, or telephone technology, 
13 or any other means of electronic
transmission that ensures 
14 the secure, accurate, and simultaneous
transmission of the 
15 announcement of numbers or symbols in the game
from the 
16 location at which the game is called by a natural person to

17 the remote location or locations at which players may 
18 participate in
the game. 
19  (2) The remote caller bingo licensee or members of its 
20 organization shall not receive a profit, wage, or salary 
21 from the
remote caller bingo game.
22  (3) The remote caller bingo game shall be operated and 
23 staffed
only by the remote caller bingo licensee or members 
24 of its organization with the exception of administrative, 
25 managerial, technical, financial, or security personnel 
26 who are employed by the remote caller bingo licensee at a 
 
 
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1 location participating in
the remote caller bingo game. 
2 Notwithstanding any other provision of law, an exclusive 
3 agreement or other
agreement between the remote caller 
4 bingo licensee and other entities or
persons to provide 
5 services in the administration, management, or
conduct of 
6 the game shall not be considered a violation of the

7 prohibition against holding a legally cognizable financial 
8 interest
in the conduct of the remote caller bingo game by 
9 persons or entities
other than the charitable 
10 organization.
11  (4) The remote caller bingo licensee shall not have 
12 overhead costs exceeding
25% of gross sales, except that 
13 the limitations of this
item (4) shall not apply to 
14 one-time, non-recurring capital
acquisitions. For purposes 
15 of this item (4), overhead costs
include, but are not 
16 limited to, amounts paid for rent and equipment
leasing and 
17 the reasonable fees authorized to be paid to

18 administrative, managerial, technical, financial, and 
19 security
personnel employed by the remote caller bingo 
20 licensee.
21  For the purpose of keeping its overhead costs below 25% 
22 of
gross sales, a remote caller bingo licensee may elect to 
23 deduct all or a
portion of the fees paid to financial 
24 institutions for the use and
processing of credit card 
25 sales from the amount of gross revenues
awarded for prizes. 
26 These deducted fees for the use and
processing of credit 
 
 
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1 card sales shall not be considered overhead
costs.

2 Additionally, fees paid to financial institutions for the 
3 use and
processing of credit card sales shall not be 
4 deducted from the
proceeds retained by the charitable 
5 organization.
6  (5) No person shall be allowed to participate in a 
7 remote caller
bingo game unless the person is physically 
8 present at the time and
place where the remote caller bingo 
9 game is being conducted. A person
shall be deemed to be 
10 physically present at the place where the
remote caller 
11 bingo game is being conducted if he or she is present
at 
12 any of the locations participating in the remote caller 
13 bingo game
in accordance with this Section.
14  (6) An organization shall only co-sponsor a remote 
15 caller bingo
game with one or more other organizations that 
16 share the same type of membership category. Unaffiliated 
17 organizations shall be limited to a maximum of 10 locations 
18 for a remote caller bingo game and a maximum of 2 remote 
19 caller bingo games per week.
20  (7) Every remote caller bingo game shall be played 
21 until a
winner is declared. The declared
winner of a remote 
22 caller bingo game shall provide his or her
identifying 
23 information and a mailing address to the onsite manager
of 
24 the remote caller bingo game. Prizes shall be paid only by 
25 check if the prize money exceeds $999.99.
The remote caller 
26 bingo licensee may issue a check to the winner at the time 
 
 
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1 of the
game or mail a check to the declared winner by 
2 certified mail, return receipt requested, within 10 days 
3 after the remote caller bingo game.
4  (8) The value of prizes awarded during the conduct of 
5 any remote
caller bingo game shall not exceed 40% of the 
6 gross receipts
for that game. If an authorized organization 
7 elects to deduct fees
paid for the use and processing of 
8 credit card sales from the amount
of gross revenues for 
9 that game awarded for prizes, then the maximum
amount of 
10 gross revenues that may be awarded for prizes shall not

11 exceed 40% of the gross receipts for that game, less the

12 amount of redirected fees paid for the use and processing 
13 of credit
card sales.
14  (9) All prize
money exceeding State and federal 
15 exemption limits on prize money
shall be subject to income 
16 tax reporting and withholding requirements
under 
17 applicable State and federal laws and regulations and those

18 reports and withholding shall be forwarded, within 10 
19 business days after the remote caller bingo game,
to the 
20 appropriate State or federal agency on behalf of the 
21 winner. A
report shall accompany the amount withheld 
22 identifying the person on
whose behalf the money is being 
23 sent. Any game interrupted by a
transmission failure, 
24 electrical outage, or act of God shall be
considered void 
25 in the location that was affected and the organization's 
26 members, affiliates, and the State shall be held harmless. 
 
 
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1 A refund for a
canceled game or games shall be provided to 
2 the purchasers.
3  (10) The entire net proceeds, comprised of at least 35% 
4 of the gross proceeds, from the remote caller bingo game 
5 must be exclusively devoted to the lawful purposes of the 
6 organization permitted to conduct that game.".