Rep. Robert Rita

Filed: 3/26/2019





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2    AMENDMENT NO. ______. Amend House Bill 3308 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the
5Sports Wagering Act.
6    Section 5. Definitions. As used in this Act:
7    "Board" means the Illinois Gaming Board.
8    "Casino" means a facility at which lawful gambling is
9authorized and that is licensed under the Riverboat Gambling
11    "Gross sports wagering revenue" means the total of cash or
12cash equivalents a sports wagering operator receives from
13sports wagering, less: (1) cash or cash equivalents paid to
14customers as winnings from sports wagering; and (2) the actual
15cost paid by the sports wagering operator for any personal
16property or services distributed to customers as a prize result



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1of sports wagering.
2    "Internet sports wagering vendor" means any person or
3entity that is licensed under Section 20 of this Act to offer
4sports wagering over the Internet, including the supply of
5gaming platforms and services to operate websites and mobile
6devices, on behalf of a sports wagering operator.
7    "Interactive sports wagering skin" means the brand used by
8the sports wagering operator as presented through a portal,
9Internet website, or computer or mobile application through
10which authorized sports wagering is made available to sports
11bettors by a sports wagering operator.
12    "Minor" means a person under the age of 21 years.
13    "Qualified applicant" means any person or entity that holds
14a valid and unrevoked: (1) owners license issued under the
15Riverboat Gambling Act, or any affiliate thereof as defined by
16the Board in its administrative rules implementing such Act, or
17any person or entity who as of January 1, 2018 was designated
18by the Board as a key person of an owners licensee or is
19controlled by one or more key persons of an owners licensee or
20(2) organization license issued under the Illinois Horse Racing
21Act of 1975, but only if the organization licensee conducted
22more than 30 days of live racing in calendar year 2018.
23    "Racetrack" means a horse racetrack in Illinois that is
24authorized under the Illinois Horse Racing Act of 1975 to
25conduct live horse racing. "Racetrack" does not include an
26inter-track wagering location.



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1    "Sporting event" means a professional, amateur, or
2collegiate sports or athletic event, an Olympic or
3international sports competition event, a motor race event, a
4contest of relative skill involving electronic media, a series
5of sporting events, any other special event authorized by the
6Board, or any portion thereof. "Sporting event" does not
7include youth events or fantasy sports activities.
8    "Sports bettor" means an individual who is physically
9present in this State when placing a wager and participates in
10sports wagering offered by a sports wagering operator. The
11intermediate routing of electronic data in connection with
12sports wagering shall not determine the location or locations
13in which a wager is initiated. "Sports bettor" does not include
14a minor or person who is otherwise prohibited from sports
16    "Sports facility" means Guaranteed Rate Field, located at
17333 West 35th Street in Chicago, Soldier Field, located at 1410
18Museum Campus Drive in Chicago, United Center, located at 1901
19West Madison in Chicago, and Wrigley Field, located at 1060
20West Addison in Chicago.
21    "Sports governing body" means the organization that
22prescribes final rules and enforces codes of conduct with
23respect to a sporting event and participants of a sporting
25    "Sports wagering" means wagering on sporting events or
26portions of sporting events, or on the performance of athletes



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1in a sporting event or combination of sporting events, by any
2system or method of wagering, including, but not limited to,
3in-person or over the Internet through websites and on mobile
4devices. "Sports wagering" includes, but is not limited to,
5single-game bets, teaser bets, parlays, over-under,
6moneylines, pools, exchange wagering, in-game wagering,
7in-play bets, proposition bets, and straight bets. "Sports
8wagering" does not include: (1) fantasy sports, daily fantasy
9sports, gaming conducted over an Internet website in which game
10winnings are paid to participants based on the outcomes of
11games played by virtual teams of real players of a professional
12sport, where such teams are assembled by such participants and
13the outcomes of games are determined by the statistical
14performance of such real players in actual games, or gaming in
15which the winning outcome is not based on the score, point
16spread, or any performance or performances of any single actual
17team or combination of such teams or solely on any single
18performance of an individual athlete or player in any single
19actual event; or (2) gaming that is authorized in this State
20under the Illinois Horse Racing Act of 1975, the Riverboat
21Gambling Act, or the Video Gaming Act.
22    "Sports wagering lounge" means an area physically located
23in a casino, racetrack, or sports facility in which sports
24wagering is operated.
25    "Sports wagering operator" means a qualified applicant
26that is licensed under this Act to offer sports wagering in a



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1sports wagering lounge and through an Interactive sports
2wagering skin.
3    "Wager" or "bet" means the staking or risking by a person
4of something of value, including, but not limited to, any
5deposit, cash, entry fee, and contest fee upon an agreement or
6understanding that the person or another person will receive
7something of value in the event of a certain outcome. "Wager"
8or "bet" does not include: (1) any activity governed by the
9securities laws of the United States or this State; (2) any
10contract of indemnity or guarantee; (3) any contract for
11insurance; or (4) participation in any game or contest in which
12the participants do not stake or risk anything of value other
13than personal efforts of the participants in playing the game
14or contest or obtaining access to the Internet or points or
15credits that the sponsor of the game or contest provides to
16participants free of charge and that can be used or redeemed
17only for participation in games or contests offered by the
19    "Youth event" means a sporting event in which the
20participants are amateurs and primarily under the age of 18
22    Section 10. Eligibility to conduct sports wagering. Sports
23wagering, as defined in this Act, and the system of wagering
24incorporated therein are hereby authorized to the extent that
25they are carried out in accordance with the provisions of this



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1Act by an Internet sports wagering vendor. A sports wagering
2operator may hire an Internet sports wagering vendor to accept
3wagers consistent with the provisions of this Act. An Internet
4sports wagering vendor may accept wagers under this Act only on
5behalf of a sports wagering operator.
6    No sports wagering operator license or Internet sports
7wagering vendor license shall be granted to an applicant that
8has accepted, that has or had an affiliate that has accepted,
9or that has officers or directors who are or have been officers
10or directors of another party that accepted wagers through the
11Internet in contravention of any United States law, Illinois
12law, or any substantially similar laws of any other
13jurisdiction before the application date pursuant to a final
14determination of a court or an unequivocal official
15pronouncement from a government authority or chief law
16enforcement officer.
17    Section 15. Licensing of sports wagering operators.
18    (a) The Board shall issue a sports wagering operator
19license to a qualified applicant who applies as provided in
20this Act. The burden is upon each qualified applicant to
21demonstrate his or her suitability for licensure.
22    (b) Each application shall be accompanied by a
23nonrefundable application fee of $250,000. A license fee of
24$10,000,000 shall be paid by a sports wagering operator at the
25time of issuance of the license. The license fee imposed by



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1this Section shall constitute an advance payment of the taxes
2owed by the sports wagering operator under Section 55. Each
3sports wagering operator license shall be renewed by the Board
4every 10 years and require a fee of $100,000 and a
5determination by the Board that the licensee continues to meet
6all of the requirements of this Act and the Board's rules.
7    (c) A sports wagering operator license issued under this
8Act shall be in addition to any other license required to
9conduct gambling operations under the Riverboat Gambling Act or
10under the Illinois Horse Racing Act of 1975 to conduct horse
12    (d) No sports wagering operator license shall be issued by
13the Board to an entity unless it has established its financial
14stability, responsibility, good character, honesty, and
16    (e) No sports wagering operator shall accept a wager from
17persons who are not physically located in the State of
19    Section 20. Licensing of Internet sports wagering vendors.
20    (a) The Board may issue an Internet sports wagering vendor
21license to an applicant who applies as provided in this Act.
22The burden is upon each applicant for an Internet sports
23wagering vendor license to demonstrate his or her suitability
24for licensure. No Internet sports wagering vendor shall have
25accepted any bets or wagers itself, or on behalf of a sports



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1wagering operator, before obtaining a license under this Act.
2    (b) Each application shall be accompanied by a
3nonrefundable application fee of $100,000. Each sports
4wagering vendor license shall be renewed by the Board every 10
5years and require a fee of $50,000 and a determination by the
6Board that the licensee continues to meet all of the
7requirements of this Act and the Board's rules.
8    (c) A sports wagering operator may authorize an Internet
9sports wagering vendor to accept wagers on its behalf through
10the Internet and to perform any other functions that the sports
11wagering operator is authorized to perform under this Act. Any
12and all agreements between a sports wagering operator and an
13Internet sports wagering vendor must be approved by the Board.
14The Internet sports wagering vendor must: (1) integrate its
15online system with the sports wagering operator's offline
16system to ensure responsible gaming requirements are met for
17sports bettor accounts and (2) grant the sports wagering
18operator access to its player database.
19    (d) An Internet sports wagering vendor may enter into
20agreements to offer sports wagering on behalf of one or more
21sports wagering operators without limitation. Such agreements
22are not prerequisites to obtaining an Internet sports wagering
23vendor license.
24    (e) No sports wagering vendor license shall be issued by
25the Board to any entity unless it has established its financial
26stability, responsibility, good character, honesty, and



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2    (f) An Internet sports wagering vendor that allows its
3license to lapse without requesting an extension of time may be
4required to resubmit an initial license application and initial
5fee. An extension not to exceed 60 days may be granted by the
6Board upon receipt of the Internet sports wagering vendor's
7written request.
8    Section 25. Application requirements.
9    (a) Unless otherwise provided, this Section applies to all
10applicants for a sports wagering operator license or an
11Internet sports wagering vendor license.
12    (b) An application for a sports wagering operator license
13or an Internet sports wagering vendor license shall be made on
14forms provided by the Board and shall contain information the
15Board prescribes, including, but not limited to, detailed
16information regarding the ownership and management of the
17applicant, detailed personal information regarding the
18applicant, financial information regarding the applicant, and
19the gaming history and experience of the applicant in the
20United States and other jurisdictions when it supplies its
21platform to sports wagering operators who accept wagers without
22a gambling license or itself accepts wagers without a gambling
23license. The applicant shall also set forth in the application:
24whether he or she has been issued prior gambling related
25licenses; whether he or she has been licensed in any other



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1state under any other name and, if so, the name and his or her
2age; and whether or not a permit or license issued to him or
3her in any other state has been suspended, restricted, or
4revoked and, if so, for what period of time.
5    (c) Information provided on an application shall be used as
6a basis for a thorough background investigation that the Board
7shall conduct with respect to each applicant. An incomplete
8application shall be cause for denial of a license by the
10    (d) Each applicant shall disclose the identity of every
11person, association, trust, or corporation having a greater
12than 5% direct or indirect pecuniary interest in the
13applicant's operation. If the disclosed entity is a trust, the
14application shall disclose the names and addresses of the
15beneficiaries; if a corporation, the names and addresses of all
16stockholders and directors; if a partnership, the names and
17addresses of all partners, both general and limited.
18    (e) An application shall be filed and considered in
19accordance with the rules of the Board. All information,
20records, interviews, reports, statements, memoranda, or other
21data supplied to or used by the Board in the course of its
22review or investigation of an application for a license or a
23renewal under this Act shall be privileged, strictly
24confidential, and used only for the purpose of evaluating an
25applicant for a license or a renewal. The information, records,
26interviews, reports, statements, memoranda, or other data



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1shall not be admissible as evidence nor discoverable in any
2action of any kind in any court or before any tribunal, board,
3agency, or person, except for any action deemed necessary by
4the Board.
5    (f) Each person disclosed under subsection (d) shall submit
6with his or her application, on forms provided by the Board, 2
7sets of his or her fingerprints. The Board shall charge each
8applicant a fee set by the Department of State Police to defray
9the costs associated with the search and classification of
10fingerprints obtained by the Board with respect to the
11applicant's application. These fees shall be paid into the
12State Police Services Fund.
13    (g) To be eligible for a sports wagering operator license
14or an Internet sports wagering vendor license, an applicant
16        (1) be at least 21 years of age;
17        (2) not have been convicted of a felony offense, a
18    violation of Article 28 of the Criminal Code of 1961 or the
19    Criminal Code of 2012, or a similar statute of any other
20    jurisdiction;
21        (3) not have been convicted of a crime, other than a
22    crime described in paragraph (2) of this subsection (g),
23    involving dishonesty or moral turpitude;
24        (4) have demonstrated a level of skill or knowledge
25    that the Board determines to be necessary in order to
26    operate sports wagering; and



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1        (5) have met standards for the holding of a license as
2    adopted by rules of the Board. The rules shall provide that
3    any person or entity seeking a sports wagering operator
4    license or an Internet sports wagering vendor license shall
5    be subject to background inquiries.
6    The Board may adopt rules to establish additional
7qualifications and requirements to preserve the integrity and
8security of sports wagering in this State and to promote and
9maintain a competitive sports wagering market.
10    (h) Applicants shall certify to the Board that all
11supplies, software, kiosks, and any other related equipment may
12not be used unless they conform to standards adopted by rules
13of the Board. Applicants shall furnish to the Board a list of
14all supplies, software, kiosks, and any other related equipment
15that will be used.
16    (i) The Board may in its discretion refuse an Internet
17sports wagering vendor license to any person: (1) who is
18unqualified to perform the duties required of the applicant;
19(2) who fails to disclose or states falsely any information
20called for in the application; (3) who has been found guilty of
21a violation of this Act or whose prior gambling related license
22or application therefor has been suspended, restricted,
23revoked or denied for just cause in any other state; (4) who
24has received an unequivocal official pronouncement from
25government authorities in any state or foreign country that it
26has supplied platforms or accepted wagers in violation of that



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1jurisdiction's law; (5) who has a background, including a
2criminal record, reputation, habits, social or business
3associations, and prior activities that constituted illegal
4gambling or pose a threat to the public interests of the State,
5to the security and integrity of sports wagering, or to the
6promotion and maintenance of a competitive sports betting
7market in this State; (6) who presents, creates, or enhances
8the dangers of unsuitable, unfair, or illegal practices,
9methods, and activities in the conduct of sports wagering; (7)
10who presents questionable business practices and financial
11arrangements incidental to the conduct of sports wagering
12activities; or (8) for any other just cause.
13    (j) The Board may suspend, revoke, or restrict any Internet
14sports wagering vendor license: (1) for violation of any
15provision of this Act; (2) for violation of any of the rules of
16the Board; (3) for any cause which, if known to the Board,
17would have disqualified the applicant from receiving the
18license; (4) for default in the payment of any obligation or
19debt due to the State of Illinois; or (5) for any other just
21    (k) A person who knowingly makes a false statement on an
22application is guilty of a Class A misdemeanor.
23    Section 30. Sports wagering lounge; safeguards and
24consumer protections.
25    (a) Sports wagering operators are authorized to accept



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1wagers at a sports wagering lounge and at Board approved kiosks
2at the sports wagering operator's casino or racetrack. Sports
3wagering operators may accept wagers through the Internet only
4after a temporary or permanent bricks and mortar sports
5wagering lounge is established and has commenced operation in
6the sports wagering operator's casino or racetrack. A qualified
7applicant may petition the Board to commence operation of the
8sports wagering lounge at a temporary facility during the
9pendency of construction of a sports wagering lounge in a
10casino or racetrack. The temporary facility may include, at the
11discretion of the Board, the utilization of designated windows
12at the current casino cage or racetrack betting window for
13purposes of placing sports betting wagers and self-service
14wagering machines located at the casino or racetrack.
15    (b) Sports wagering operators may accept wagers at a sports
16wagering lounge located within a sports facility, or within a
175-block radius of a sports facility, if: (1) the Major League
18Baseball, National Hockey League, National Basketball
19Association, or National Football League teams that play their
20home contests at the applicable sports facility have granted
21written authorization for the sports wagering lounge and (2)
22the owners of such teams have entered into an agreement with a
23sports wagering operator.
24    (c) Sports wagering operators shall adopt procedures to
25prevent sports wagering by persons who are prohibited from
26placing wagers and shall implement and maintain commercially



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1reasonable measures to verify a person's true identity.
2    (d) Sports wagering operators shall verify that a sports
3bettor is not a minor and is of the legal minimum age for
4placing the wager. If the sports wagering operator becomes or
5is made aware that a minor has created an account for sports
6wagering, the sports wagering operator shall promptly refund
7any deposit received from the minor, whether or not the minor
8has engaged in or attempted to engage in sports wagering;
9however, any refund may be offset by any prizes already
11    (e) Sports wagering operators shall allow individuals to
12restrict themselves from placing wagers with the sports
13wagering operator, including player loss limits, and take
14reasonable steps to prevent those individuals from placing such
15wagers, including, upon request of the individual, to share the
16request with the Board for the sole purpose of disseminating
17the request to other sports wagering operators.
18    (f) The Board shall adopt rules to ensure that a sports
19wagering operator's advertisements for sports wagering: (1) do
20not target minors or other persons who are ineligible to place
21wagers, problem gamblers, or other vulnerable persons; (2)
22disclose the identity of the sports wagering operator; (3)
23provide information about or links to resources relating to
24gambling addiction; and (4) are not otherwise false,
25misleading, or deceptive to a reasonable consumer.



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1    Section 35. Sports wagering operators; interactive sports
2wagering skins. Each sports wagering operator license shall
3authorize the sports wagering operator to use one Internet
4gaming skin that shall be owned by the sports wagering operator
5or its affiliate. The Internet gaming skin shall prominently
6and solely reflect the primary name of the casino or racetrack
7that is actively utilized by the sports wagering operator.
8    Section 40. Integrity requirements.
9    (a) Sports wagering operators shall conduct background
10checks on newly hired employees and biennial background checks
11on all existing employees. Background checks shall search for
12criminal history and any charges or convictions involving
13corruption or manipulation of sporting events and association
14with organized crime.
15    (b) Sports wagering operators shall employ commercially
16reasonable methods to: (1) prohibit the sports wagering
17operator, directors, officers, and employees of the sports
18wagering operator, and any relative living in the same
19household as those persons, from placing bets with the sports
20wagering operator; (2) use publicly available information and
21any lists of employees and affiliates provided to the sports
22wagering operator or the Board by a sports governing body,
23prohibit wagering by an athlete, coach, referee, team owner,
24employee of a sports governing member or one of its member
25teams, and player and referee union personnel; (3) prohibit



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1wagering by persons who are under the minimum legal age for
2placing wagers; (4) prohibit an individual with access to
3non-public confidential information held by the sports
4wagering operator from placing wagers with the sports wagering
5operator; (5) prohibit persons from placing wagers as agents or
6proxies for others; and (6) maintain the security of wagering
7data, customer data, and other confidential information from
8unauthorized access and dissemination; however, nothing in
9this Act shall preclude the use of Internet or cloud-based
10hosting of that data and information or disclosure as required
11by a court order, another law, or this Act.
12    (c) The Board and sports wagering operators shall cooperate
13with investigations conducted by a sports governing body or law
14enforcement agencies, including, but not limited to, providing
15or facilitating the provision of betting information and audio
16or video files relating to persons placing wagers, any other
17conduct that corrupts a betting outcome of a sporting event for
18purposes of financial gain, or suspicious or illegal wagering
19activities, including use of funds derived from illegal
20activity, wagers to conceal or launder funds derived from
21illegal activity, using agents to place wagers, and using false
22identification. Sports wagering operators shall also
23immediately report information relating to conduct described
24in this subsection (c) to the relevant sports governing body.
25    (d) Sports wagering operators shall maintain the
26confidentiality of information provided by a sports governing



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1body to the sports wagering operator, unless disclosure is
2required by the Board, a court order, this Act, or any other
3provision of law.
4    Section 45. Recordkeeping; information sharing.
5    (a) Sports wagering operators shall maintain records of all
6bets and wagers placed, including personally identifiable
7information of the bettor, amount and type of bet, time the bet
8was placed, location of the bet, including the Internet
9protocol address if applicable, the outcome of the bet, records
10of abnormal betting activity, and video camera recordings in
11the case of in-person wagers for at least one year after the
12sporting event occurs and make the data available for
13inspection upon request of the Board or as required by a court
15    Section 50. Annual report.
16    (a) Each licensed sports wagering operator shall annually
17submit a report to the Board no later than June 30 of each year
18that shall include the following information as it shall apply
19to accounts held by customers located in this State: (1) the
20total number of new accounts established in the preceding year,
21as well as the total number of accounts permanently closed in
22the preceding year; (2) the total amount of bets received from
23customers; (3) the total amount of winnings awarded to
24customers; (4) the total amount on hold on each type of bet;



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1(5) the total amount of gross wagering revenue received by the
2licensed sports wagering operator; and (6) the total number of
3persons that requested to exclude themselves from or otherwise
4limit their participation in sports wagering.
5    (b) Upon the submission of the annual report, to such
6extent the Board deems it to be in the public interest, the
7Board shall be authorized to conduct a financial audit of any
8sports wagering operator to ensure compliance with this Act.
9    (c) The Board shall annually publish a report based on the
10aggregate information provided by all licensed sports wagering
11operators, which shall be published on the Board's website no
12later than 180 days after the deadline for the submission of
13individual reports as specified in this Act.
14    Section 55. Tax rate and distribution. For the privilege of
15offering sports wagering in this State, a tax is hereby imposed
16on sports wagering operator licensees, based on the gross
17gaming revenue received by sports wagering operator licensees
18from sports wagering authorized under this Act, at the rate of
1910% of annual gross sports wagering revenue generated within
20this State, which shall be paid to the Board not less than once
21per month. The Board shall deposit into the State Gaming Fund
22all taxes imposed by this Act; any interest and penalties
23imposed by the Board relating to those taxes; all penalties
24levied and collected by the Board; and the appropriate funds,
25cash, or prizes forfeited from sports wagering. Sports wagering



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1operators shall collect and report information to the Board to
2reasonably ensure that State taxes on prizes from winning
3wagers are collected from or reported by the person placing the
4bet or wager, as required by law, at the time of any payment of
5the proceeds of the bet or wager.
6    Section 60. Imputation. The performance of any act
7required, or the forbearance of any act prohibited, by this Act
8by an Internet sports wagering vendor shall be imputed to the
9sports wagering operator on behalf of which it is operating,
10and vice versa.
11    Section 65. Civil penalty.
12    (a) A person, firm, corporation, association, agent, or
13employee who knowingly violates a provision of this Act shall
14be liable for a civil penalty of not more than $5,000 for each
15violation, not to exceed $50,000 for violations arising out of
16the same transaction or occurrence that may be recovered in a
17civil action brought by the Board.
18    (b) A person, firm, corporation, association, agent, or
19employee who operates a sports wagering business in Illinois
20without a license shall be liable for a civil penalty of not
21more than $500,000 for each violation, not to exceed $5,000,000
22for violations arising out of the same transaction or
23occurrence that may be recovered in a civil action brought by
24the Board. Additionally, the Board is authorized to contact



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1Internet services providers or seek judicial action to block
2any websites that are conducting sports wagering without a
3valid sports wagering operator license under this Act.
4    Section 70. Reconciliation with other State law; no
5liability for information sharing.
6    (a) The provisions of the Riverboat Gambling Act, and all
7rules adopted thereunder, shall apply to this Act, except where
8there is a conflict between the 2 Acts.
9    (b) A sports wagering operator shall not be liable under
10the laws of this State to any party, including customers, for
11disclosing information as required under this Act or any other
12federal or local law and shall not be liable for refusing to
13disclose information unless required under this Act.
14    Section 900. The Riverboat Gambling Act is amended by
15changing Section 24 as follows:
16    (230 ILCS 10/24)
17    Sec. 24. Applicability of this Illinois Riverboat Gambling
19    (a) The provisions of this the Illinois Riverboat Gambling
20Act, and all rules adopted promulgated thereunder, shall apply
21to the Video Gaming Act, except where there is a conflict
22between the 2 Acts.
23    (b) The provisions of this Act, and all rules adopted



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1thereunder, shall apply to the Sports Wagering Act, except
2where there is a conflict between the 2 Acts.
3(Source: P.A. 96-37, eff. 7-13-09.)
4    Section 905. The Criminal Code of 2012 is amended by
5changing Section 28-1 and 28-1.1 as follows:
6    (720 ILCS 5/28-1)  (from Ch. 38, par. 28-1)
7    Sec. 28-1. Gambling.
8    (a) A person commits gambling when he or she:
9        (1) knowingly plays a game of chance or skill for money
10    or other thing of value, unless excepted in subsection (b)
11    of this Section;
12        (2) knowingly makes a wager upon the result of any
13    game, contest, or any political nomination, appointment or
14    election;
15        (3) knowingly operates, keeps, owns, uses, purchases,
16    exhibits, rents, sells, bargains for the sale or lease of,
17    manufactures or distributes any gambling device;
18        (4) contracts to have or give himself or herself or
19    another the option to buy or sell, or contracts to buy or
20    sell, at a future time, any grain or other commodity
21    whatsoever, or any stock or security of any company, where
22    it is at the time of making such contract intended by both
23    parties thereto that the contract to buy or sell, or the
24    option, whenever exercised, or the contract resulting



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1    therefrom, shall be settled, not by the receipt or delivery
2    of such property, but by the payment only of differences in
3    prices thereof; however, the issuance, purchase, sale,
4    exercise, endorsement or guarantee, by or through a person
5    registered with the Secretary of State pursuant to Section
6    8 of the Illinois Securities Law of 1953, or by or through
7    a person exempt from such registration under said Section
8    8, of a put, call, or other option to buy or sell
9    securities which have been registered with the Secretary of
10    State or which are exempt from such registration under
11    Section 3 of the Illinois Securities Law of 1953 is not
12    gambling within the meaning of this paragraph (4);
13        (5) knowingly owns or possesses any book, instrument or
14    apparatus by means of which bets or wagers have been, or
15    are, recorded or registered, or knowingly possesses any
16    money which he has received in the course of a bet or
17    wager;
18        (6) knowingly sells pools upon the result of any game
19    or contest of skill or chance, political nomination,
20    appointment or election;
21        (7) knowingly sets up or promotes any lottery or sells,
22    offers to sell or transfers any ticket or share for any
23    lottery;
24        (8) knowingly sets up or promotes any policy game or
25    sells, offers to sell or knowingly possesses or transfers
26    any policy ticket, slip, record, document or other similar



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1    device;
2        (9) knowingly drafts, prints or publishes any lottery
3    ticket or share, or any policy ticket, slip, record,
4    document or similar device, except for such activity
5    related to lotteries, bingo games and raffles authorized by
6    and conducted in accordance with the laws of Illinois or
7    any other state or foreign government;
8        (10) knowingly advertises any lottery or policy game,
9    except for such activity related to lotteries, bingo games
10    and raffles authorized by and conducted in accordance with
11    the laws of Illinois or any other state;
12        (11) knowingly transmits information as to wagers,
13    betting odds, or changes in betting odds by telephone,
14    telegraph, radio, semaphore or similar means; or knowingly
15    installs or maintains equipment for the transmission or
16    receipt of such information; except that nothing in this
17    subdivision (11) prohibits transmission or receipt of such
18    information for use in news reporting of sporting events or
19    contests; or
20        (12) knowingly establishes, maintains, or operates an
21    Internet site that permits a person to play a game of
22    chance or skill for money or other thing of value by means
23    of the Internet or to make a wager upon the result of any
24    game, contest, political nomination, appointment, or
25    election by means of the Internet. This item (12) does not
26    apply to activities referenced in items (6) and (6.1) of



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1    subsection (b) of this Section.
2    (b) Participants in any of the following activities shall
3not be convicted of gambling:
4        (1) Agreements to compensate for loss caused by the
5    happening of chance including without limitation contracts
6    of indemnity or guaranty and life or health or accident
7    insurance.
8        (2) Offers of prizes, award or compensation to the
9    actual contestants in any bona fide contest for the
10    determination of skill, speed, strength or endurance or to
11    the owners of animals or vehicles entered in such contest.
12        (3) Pari-mutuel betting as authorized by the law of
13    this State.
14        (4) Manufacture of gambling devices, including the
15    acquisition of essential parts therefor and the assembly
16    thereof, for transportation in interstate or foreign
17    commerce to any place outside this State when such
18    transportation is not prohibited by any applicable Federal
19    law; or the manufacture, distribution, or possession of
20    video gaming terminals, as defined in the Video Gaming Act,
21    by manufacturers, distributors, and terminal operators
22    licensed to do so under the Video Gaming Act.
23        (5) The game commonly known as "bingo", when conducted
24    in accordance with the Bingo License and Tax Act.
25        (6) Lotteries when conducted by the State of Illinois
26    in accordance with the Illinois Lottery Law. This exemption



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1    includes any activity conducted by the Department of
2    Revenue to sell lottery tickets pursuant to the provisions
3    of the Illinois Lottery Law and its rules.
4        (6.1) The purchase of lottery tickets through the
5    Internet for a lottery conducted by the State of Illinois
6    under the program established in Section 7.12 of the
7    Illinois Lottery Law.
8        (7) Possession of an antique slot machine that is
9    neither used nor intended to be used in the operation or
10    promotion of any unlawful gambling activity or enterprise.
11    For the purpose of this subparagraph (b)(7), an antique
12    slot machine is one manufactured 25 years ago or earlier.
13        (8) Raffles and poker runs when conducted in accordance
14    with the Raffles and Poker Runs Act.
15        (9) Charitable games when conducted in accordance with
16    the Charitable Games Act.
17        (10) Pull tabs and jar games when conducted under the
18    Illinois Pull Tabs and Jar Games Act.
19        (11) Gambling games conducted on riverboats when
20    authorized by the Riverboat Gambling Act.
21        (12) Video gaming terminal games at a licensed
22    establishment, licensed truck stop establishment, licensed
23    fraternal establishment, or licensed veterans
24    establishment when conducted in accordance with the Video
25    Gaming Act.
26        (13) Games of skill or chance where money or other



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1    things of value can be won but no payment or purchase is
2    required to participate.
3        (14) Savings promotion raffles authorized under
4    Section 5g of the Illinois Banking Act, Section 7008 of the
5    Savings Bank Act, Section 42.7 of the Illinois Credit Union
6    Act, Section 5136B of the National Bank Act (12 U.S.C.
7    25a), or Section 4 of the Home Owners' Loan Act (12 U.S.C.
8    1463).
9        (15) Sports wagering when conducted in accordance with
10    the Sports Wagering Act.
11    (c) Sentence.
12    Gambling is a Class A misdemeanor. A second or subsequent
13conviction under subsections (a)(3) through (a)(12), is a Class
144 felony.
15    (d) Circumstantial evidence.
16    In prosecutions under this Section circumstantial evidence
17shall have the same validity and weight as in any criminal
19(Source: P.A. 98-644, eff. 6-10-14; 99-149, eff. 1-1-16.)
20    (720 ILCS 5/28-1.1)   (from Ch. 38, par. 28-1.1)
21    Sec. 28-1.1. Syndicated gambling.
22    (a) Declaration of Purpose. Recognizing the close
23relationship between professional gambling and other organized
24crime, it is declared to be the policy of the legislature to
25restrain persons from engaging in the business of gambling for



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1profit in this State. This Section shall be liberally construed
2and administered with a view to carrying out this policy.
3    (b) A person commits syndicated gambling when he or she
4operates a "policy game" or engages in the business of
6    (c) A person "operates a policy game" when he or she
7knowingly uses any premises or property for the purpose of
8receiving or knowingly does receive from what is commonly
9called "policy":
10        (1) money from a person other than the bettor or player
11    whose bets or plays are represented by the money; or
12        (2) written "policy game" records, made or used over
13    any period of time, from a person other than the bettor or
14    player whose bets or plays are represented by the written
15    record.
16    (d) A person engages in bookmaking when he or she knowingly
17receives or accepts more than five bets or wagers upon the
18result of any trials or contests of skill, speed or power of
19endurance or upon any lot, chance, casualty, unknown or
20contingent event whatsoever, which bets or wagers shall be of
21such size that the total of the amounts of money paid or
22promised to be paid to the bookmaker on account thereof shall
23exceed $2,000. Bookmaking is the receiving or accepting of bets
24or wagers regardless of the form or manner in which the
25bookmaker records them.
26    (e) Participants in any of the following activities shall



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1not be convicted of syndicated gambling:
2        (1) Agreements to compensate for loss caused by the
3    happening of chance including without limitation contracts
4    of indemnity or guaranty and life or health or accident
5    insurance;
6        (2) Offers of prizes, award or compensation to the
7    actual contestants in any bona fide contest for the
8    determination of skill, speed, strength or endurance or to
9    the owners of animals or vehicles entered in the contest;
10        (3) Pari-mutuel betting as authorized by law of this
11    State;
12        (4) Manufacture of gambling devices, including the
13    acquisition of essential parts therefor and the assembly
14    thereof, for transportation in interstate or foreign
15    commerce to any place outside this State when the
16    transportation is not prohibited by any applicable Federal
17    law;
18        (5) Raffles and poker runs when conducted in accordance
19    with the Raffles and Poker Runs Act;
20        (6) Gambling games conducted on riverboats when
21    authorized by the Riverboat Gambling Act;
22        (7) Video gaming terminal games at a licensed
23    establishment, licensed truck stop establishment, licensed
24    fraternal establishment, or licensed veterans
25    establishment when conducted in accordance with the Video
26    Gaming Act; and



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1        (8) Savings promotion raffles authorized under Section
2    5g of the Illinois Banking Act, Section 7008 of the Savings
3    Bank Act, Section 42.7 of the Illinois Credit Union Act,
4    Section 5136B of the National Bank Act (12 U.S.C. 25a), or
5    Section 4 of the Home Owners' Loan Act (12 U.S.C. 1463);
6    and .
7        (9) Sports wagering when conducted in accordance with
8    the Sports Wagering Act.
9    (f) Sentence. Syndicated gambling is a Class 3 felony.
10(Source: P.A. 98-644, eff. 6-10-14; 99-149, eff. 1-1-16.)
11    Section 999. Effective date. This Act takes effect upon
12becoming law.".