Bill Text: IL SB3668 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Illinois Lottery Law. Makes a technical change in a Section concerning the internet pilot program. Amends the Raffles Act. Makes a technical change in a Section concerning licensing. Amends the Criminal Code of 1961. Makes a technical change in a Section concerning gambling.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [SB3668 Detail]

Download: Illinois-2011-SB3668-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 SB3668 Introduced 2/10/2012, by Sen. Terry Link SYNOPSIS AS INTRODUCED:
20 ILCS 1605/7.12
230 ILCS 15/2 from Ch. 85, par. 2302
720 ILCS 5/28-1 from Ch. 38, par. 28-1
Amends the Illinois Lottery Law. Makes a technical change in a Section concerning the internet pilot program. Amends the Raffles Act. Makes a technical change in a Section concerning licensing. Amends the Criminal Code of 1961. Makes a technical change in a Section concerning gambling.
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A BILL FOR
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AN ACT concerning gambling.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Lottery Law is amended by changing
Section 7.12 as follows:
(20 ILCS 1605/7.12)
Sec. 7.12. Internet pilot program. The The General Assembly
finds that:
(1) the consumer market in Illinois has changed since
the creation of the Illinois State Lottery in 1974;
(2) the Internet has become an integral part of
everyday life for a significant number of Illinois
residents not only in regards to their professional life,
but also in regards to personal business and communication;
and
(3) the current practices of selling lottery tickets
does not appeal to the new form of market participants who
prefer to make purchases on the internet at their own
convenience.
It is the intent of the General Assembly to create an
Internet pilot program for the sale of lottery tickets to
capture this new form of market participant.
The Department shall create a pilot program that allows an

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individual 18 years of age or older to purchase lottery tickets
or shares on the Internet without using a Lottery retailer with
on-line status, as those terms are defined by rule. The
Department shall restrict the sale of lottery tickets on the
Internet to transactions initiated and received or otherwise
made exclusively within the State of Illinois. The Department
shall adopt rules necessary for the administration of this
program. These rules shall include requirements for marketing
of the Lottery to infrequent players. The provisions of this
Act and the rules adopted under this Act shall apply to the
sale of lottery tickets or shares under this program.
Before beginning the pilot program, the Department of the
Lottery must submit a request to the United States Department
of Justice for review of the State's plan to implement a pilot
program for the sale of lottery tickets on the Internet and its
propriety under federal law. The Department shall implement the
Internet pilot program only if the Department of Justice does
not object to the implementation of the program within a
reasonable period of time after its review.
The Department is obligated to implement the pilot program
set forth in this Section and Sections 7.15 and 7.16 only at
such time, and to such extent, that the Department of Justice
does not object to the implementation of the program within a
reasonable period of time after its review. While the Illinois
Lottery may only offer Lotto and Mega Millions games through
the pilot program, the Department shall request review from the

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federal Department of Justice for the Illinois Lottery to sell
lottery tickets on the Internet on behalf of the State of
Illinois that are not limited to just these games.
The Department shall authorize the private manager to
implement and administer the program pursuant to the management
agreement entered into under Section 9.1 and in a manner
consistent with the provisions of this Section. If a private
manager has not been selected pursuant to Section 9.1 at the
time the Department is obligated to implement the pilot
program, then the Department shall not proceed with the pilot
program until after the selection of the private manager, at
which time the Department shall authorize the private manager
to implement and administer the program pursuant to the
management agreement entered into under Section 9.1 and in a
manner consistent with the provisions of this Section.
The pilot program shall last for not less than 36 months,
but not more than 48 months from the date of its initial
operation.
Nothing in this Section shall be construed as prohibiting
the Department from implementing and operating a website portal
whereby individuals who are 18 years of age or older with an
Illinois mailing address may apply to purchase lottery tickets
via subscription.
(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-840,
eff. 12-23-09; 97-464, eff. 10-15-11.)

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Section 10. The Raffles Act is amended by changing Section
2 as follows:
(230 ILCS 15/2) (from Ch. 85, par. 2302)
Sec. 2. Licensing. (a) The The governing body of any county
or municipality within this State may establish a system for
the licensing of organizations to operate raffles. 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
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

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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
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

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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
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

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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.
(Source: P.A. 86-820.)
Section 15. The Criminal Code of 1961 is amended by
changing Section 28-1 as follows:
(720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
Sec. 28-1. Gambling.
(a) A person commits gambling when he:
(1) Plays a game of chance or skill for money or other
thing of value, unless excepted in subsection (b) of this
Section; or
(2) Makes a wager upon the the result of any game,
contest, or any political nomination, appointment or
election; or
(3) Operates, keeps, owns, uses, purchases, exhibits,
rents, sells, bargains for the sale or lease of,
manufactures or distributes any gambling device; or
(4) Contracts to have or give himself or another the

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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 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); or
(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; or
(6) Sells pools upon the result of any game or contest
of skill or chance, political nomination, appointment or
election; or

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(7) Sets up or promotes any lottery or sells, offers to
sell or transfers any ticket or share for any lottery; or
(8) 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; or
(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
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; or
(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; or
(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

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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 therefor:
(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 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

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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
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 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

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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 under subsection (a)(1) or (a)(2) of this Section
is a Class A misdemeanor. Gambling under any of subsections
(a)(3) through (a)(11) of this Section is a Class A
misdemeanor. A second or subsequent conviction under any of
subsections (a)(3) through (a)(11), is a Class 4 felony.
Gambling under subsection (a)(12) of this Section is a Class A
misdemeanor. A second or subsequent conviction under
subsection (a)(12) is a Class 4 felony.
(d) Circumstantial evidence.
In prosecutions under subsection (a)(1) through (a)(12) of
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.)