State of Illinois
2021 and 2022


Introduced 4/20/2021, by Rep. Kambium Buckner


230 ILCS 40/35
720 ILCS 5/28-1  from Ch. 38, par. 28-1
815 ILCS 525/Act title
815 ILCS 525/1
815 ILCS 525/10
815 ILCS 525/33 new
815 ILCS 525/45 new
815 ILCS 525/50 new

    Amends the Prizes and Gifts Act. Changes the short title of the Act to the Sweepstakes, Prizes, and Gifts Act. Provides that it is unlawful for a person to operate more than 10 electronic product promotion sweepstakes kiosks on any premises at one time. Includes restrictions on electronic product promotion sweepstakes kiosks. Provides fees imposed by the Department of Revenue on each kiosk in operation. Makes conforming changes in the Criminal Code of 2012 and the Video Gaming Act. Effective immediately.

LRB102 18110 SMS 25311 b






HB4067LRB102 18110 SMS 25311 b

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 Video Gaming Act is amended by changing
5Section 35 as follows:
6    (230 ILCS 40/35)
7    Sec. 35. Display of license; confiscation; violation as
9    (a) Each video gaming terminal shall be licensed by the
10Board before placement or operation on the premises of a
11licensed establishment, licensed truck stop establishment,
12licensed large truck stop establishment, licensed fraternal
13establishment, or licensed veterans establishment. The license
14of each video gaming terminal shall be maintained at the
15location where the video gaming terminal is operated. Failure
16to do so is a petty offense with a fine not to exceed $100. Any
17licensed establishment, licensed truck stop establishment,
18licensed large truck stop establishment, licensed fraternal
19establishment, or licensed veterans establishment used for the
20conduct of gambling games in violation of this Act shall be
21considered a gambling place in violation of Section 28-3 of
22the Criminal Code of 2012. Every gambling device found in a
23licensed establishment, licensed truck stop establishment,



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1licensed large truck stop establishment, licensed fraternal
2establishment, or licensed veterans establishment operating
3gambling games in violation of this Act shall be subject to
4seizure, confiscation, and destruction as provided in Section
528-5 of the Criminal Code of 2012. Any license issued under the
6Liquor Control Act of 1934 to any owner or operator of a
7licensed establishment, licensed truck stop establishment,
8licensed large truck stop establishment, licensed fraternal
9establishment, or licensed veterans establishment that
10operates or permits the operation of a video gaming terminal
11within its establishment in violation of this Act shall be
12immediately revoked. No person may own, operate, have in his
13or her possession or custody or under his or her control, or
14permit to be kept in any place under his or her possession or
15control, any device that awards credits and contains a
16circuit, meter, or switch capable of removing and recording
17the removal of credits when the award of credits is dependent
18upon chance.
19    Nothing in this Section shall be deemed to prohibit the
20use of a game device only if the game device is used in an
21activity that is not gambling under subsection (b) of Section
2228-1 of the Criminal Code of 2012. An applicant or licensee
23under this Act is not in violation of this Act or its rules and
24shall not be subject to disciplinary action or denial or
25nonrenewal for operating a game device if operation of the
26game device is in compliance with and not considered gambling



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1under subsection (b) of Section 28-1 of the Criminal Code of
3    A violation of this Section is a Class 4 felony. All
4devices that are owned, operated, or possessed in violation of
5this Section are hereby declared to be public nuisances and
6shall be subject to seizure, confiscation, and destruction as
7provided in Section 28-5 of the Criminal Code of 2012.
8    The provisions of this Section do not apply to devices or
9electronic video game terminals licensed pursuant to this Act.
10A video gaming terminal operated for amusement only and
11bearing a valid amusement tax sticker shall not be subject to
12this Section until 30 days after the Board establishes that
13the central communications system is functional.
14    (b) (1) The odds of winning each video game shall be posted
15on or near each video gaming terminal. The manner in which the
16odds are calculated and how they are posted shall be
17determined by the Board by rule.
18    (2) No video gaming terminal licensed under this Act may
19be played except during the legal hours of operation allowed
20for the consumption of alcoholic beverages at the licensed
21establishment, licensed fraternal establishment, or licensed
22veterans establishment. A licensed establishment, licensed
23fraternal establishment, or licensed veterans establishment
24that violates this subsection is subject to termination of its
25license by the Board.
26(Source: P.A. 101-31, eff. 6-28-19.)



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1    Section 10. The Criminal Code of 2012 is amended by
2changing Section 28-1 as follows:
3    (720 ILCS 5/28-1)  (from Ch. 38, par. 28-1)
4    Sec. 28-1. Gambling.
5    (a) A person commits gambling when he or she:
6        (1) knowingly plays a game of chance or skill for
7    money or other thing of value, unless excepted in
8    subsection (b) of this Section;
9        (2) knowingly makes a wager upon the result of any
10    game, contest, or any political nomination, appointment or
11    election;
12        (3) knowingly operates, keeps, owns, uses, purchases,
13    exhibits, rents, sells, bargains for the sale or lease of,
14    manufactures or distributes any gambling device;
15        (4) contracts to have or give himself or herself or
16    another the option to buy or sell, or contracts to buy or
17    sell, at a future time, any grain or other commodity
18    whatsoever, or any stock or security of any company, where
19    it is at the time of making such contract intended by both
20    parties thereto that the contract to buy or sell, or the
21    option, whenever exercised, or the contract resulting
22    therefrom, shall be settled, not by the receipt or
23    delivery of such property, but by the payment only of
24    differences in prices thereof; however, the issuance,



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



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1    ticket or share, or any policy ticket, slip, record,
2    document or similar device, except for such activity
3    related to lotteries, bingo games and raffles authorized
4    by and conducted in accordance with the laws of Illinois
5    or any other state or foreign government;
6        (10) knowingly advertises any lottery or policy game,
7    except for such activity related to lotteries, bingo games
8    and raffles authorized by and conducted in accordance with
9    the laws of Illinois or any other state;
10        (11) knowingly transmits information as to wagers,
11    betting odds, or changes in betting odds by telephone,
12    telegraph, radio, semaphore or similar means; or knowingly
13    installs or maintains equipment for the transmission or
14    receipt of such information; except that nothing in this
15    subdivision (11) prohibits transmission or receipt of such
16    information for use in news reporting of sporting events
17    or contests; or
18        (12) knowingly establishes, maintains, or operates an
19    Internet site that permits a person to play a game of
20    chance or skill for money or other thing of value by means
21    of the Internet or to make a wager upon the result of any
22    game, contest, political nomination, appointment, or
23    election by means of the Internet. This item (12) does not
24    apply to activities referenced in items (6), (6.1), (8),
25    and (8.1), and (15) of subsection (b) of this Section.
26    (b) Participants in any of the following activities shall



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1not be convicted of 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 such contest.
10        (3) Pari-mutuel betting as authorized by the law of
11    this 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 such
16    transportation is not prohibited by any applicable Federal
17    law; or the manufacture, distribution, or possession of
18    video gaming terminals, as defined in the Video Gaming
19    Act, by manufacturers, distributors, and terminal
20    operators licensed to do so under the Video Gaming Act.
21        (5) The game commonly known as "bingo", when conducted
22    in accordance with the Bingo License and Tax Act.
23        (6) Lotteries when conducted by the State of Illinois
24    in accordance with the Illinois Lottery Law. This
25    exemption includes any activity conducted by the
26    Department of Revenue to sell lottery tickets pursuant to



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1    the provisions of the Illinois Lottery Law and its rules.
2        (6.1) The purchase of lottery tickets through the
3    Internet for a lottery conducted by the State of Illinois
4    under the program established in Section 7.12 of the
5    Illinois Lottery Law.
6        (7) Possession of an antique slot machine that is
7    neither used nor intended to be used in the operation or
8    promotion of any unlawful gambling activity or enterprise.
9    For the purpose of this subparagraph (b)(7), an antique
10    slot machine is one manufactured 25 years ago or earlier.
11        (8) Raffles and poker runs when conducted in
12    accordance with the Raffles and Poker Runs Act.
13        (8.1) The purchase of raffle chances for a raffle
14    conducted in accordance with the Raffles and Poker Runs
15    Act.
16        (9) Charitable games when conducted in accordance with
17    the Charitable Games Act.
18        (10) Pull tabs and jar games when conducted under the
19    Illinois Pull Tabs and Jar Games Act.
20        (11) Gambling games when authorized by the Illinois
21    Gambling Act.
22        (12) Video gaming terminal games at a licensed
23    establishment, licensed truck stop establishment, licensed
24    large truck stop establishment, licensed fraternal
25    establishment, or licensed veterans establishment when
26    conducted in accordance with the Video Gaming Act.



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1        (13) Games of skill or chance where money or other
2    things of value can be won but no payment or purchase is
3    required to participate.
4        (14) Savings promotion raffles authorized under
5    Section 5g of the Illinois Banking Act, Section 7008 of
6    the Savings Bank Act, Section 42.7 of the Illinois Credit
7    Union Act, Section 5136B of the National Bank Act (12
8    U.S.C. 25a), or Section 4 of the Home Owners' Loan Act (12
9    U.S.C. 1463).
10        (15) Sports wagering when conducted in accordance with
11    the Sports Wagering Act.
12        (16) Electronic product promotion sweepstakes when
13    conducted in accordance with the Sweepstakes, Prizes, and
14    Gifts Act.
15    (c) Sentence.
16    Gambling is a Class A misdemeanor. A second or subsequent
17conviction under subsections (a)(3) through (a)(12), is a
18Class 4 felony.
19    (d) Circumstantial evidence.
20    In prosecutions under this Section circumstantial evidence
21shall have the same validity and weight as in any criminal
23(Source: P.A. 101-31, Article 25, Section 25-915, eff.
246-28-19; 101-31, Article 35, Section 35-80, eff. 6-28-19;
25101-109, eff. 7-19-19; revised 8-6-19.)



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1    Section 15. The Prizes and Gifts Act is amended by
2changing the title of the Act and Sections 1 and 10 and by
3adding Sections 33, 45, and 50 as follows:
4    (815 ILCS 525/Act title)
5An Act concerning sweepstakes, prizes, and gifts.
6    (815 ILCS 525/1)
7    Sec. 1. Short title. This Act may be cited as the
8Sweepstakes, Prizes, and Gifts Act.
9(Source: P.A. 92-436, eff. 1-1-02.)
10    (815 ILCS 525/10)
11    Sec. 10. Definitions. As used in this Act:
12    "Bona fide product" means any item of real value, which
13includes gift certificates to be used for or towards the
14purchase of a retail item. "Bona fide product" does not
15include a discount coupon, Internet access, or a telephone
17    "Catalog seller" means an entity (and its subsidiaries) or
18a person at least 50% of whose annual revenues are derived from
19the sale of products sold in connection with the distribution
20of catalogs of at least 24 pages, which contain written
21descriptions or illustrations and sale prices for each item of
22merchandise and which are distributed in more than one state
23with a total annual distribution of at least 250,000.



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1    "Discount coupon" means a coupon that has a value worth
2double the amount inserted into the electronic product
3promotion sweepstakes kiosk and is used to offset the price of
4a retail item at a store with a physical location or ecommerce
6    "Distributor" means a provider of electronic product
7promotion sweepstakes kiosks that sells fills through the fill
8system and is responsible for the collection and remittance of
9the revenue operation fee to the Department of Revenue.
10    "Electronic product promotion sweepstakes kiosk" means any
11electronic video machine that is used to promote the purchase
12of a bona fide product from a sponsor and offers or awards a
13prize, without requiring payment or purchase to participate,
14as a means to promote that sponsor and is otherwise consistent
15with paragraph (12) of subsection (a) and paragraph (16) of
16subsection (b) of Section 28-1 of the Criminal Code of 2012,
17contains a fill system, and is not connected directly or
18indirectly to the Internet, either by cellular modem, hardwire
19or wireless connection, or to a set of interconnected
20networked devices in order to participate in the game or
21contest or to receive or retrieve any data related to the kiosk
22or device unless the connected device is a redemption vault.
23    "Fills" means the extended play authorizations for the
25    "Fill system" means the internal revenue generation refill
26system of the electronic product promotion sweepstakes kiosk



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1that permits the operation of and access to plays on the
2software on a fee basis, automatically ceases to operate upon
3the completion of a revenue cycle, is solely determined by the
4amount of revenue generated by the electronic product
5promotion kiosk, and provides for the auditable determination
6of the revenue operation fee. "Fill system" does not include a
7system other than that based on the amount of revenue
8generated, including, without limitation, a system based on
9time, number of spins or spin equivalents, and other
10non-revenue based systems.
11    "Internet access" means a connection of individual
12computer terminals, computers, mobile devices, and computer
13networks to the Internet, enabling users to access Internet
14services, such as email and the World Wide Web.
15    "Operator" means an individual, entity, partnership, or
16otherwise that provides electronic product promotion
17sweepstakes kiosks for use by others.
18    "Person" means a corporation, partnership, limited
19liability company, sole proprietorship, or natural person.
20    "Prize" means a gift, award, or other item or service of
21value that is offered or awarded to a participant in a real or
22purported contest, competition, sweepstakes, scheme, plan, or
23other selection process that involves an element of chance.
24    "Redemption vault" means a standalone or connected device
25to an electronic product promotion sweepstakes kiosk for the
26sole purpose of redeeming a prize or award.



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1    "Retail value" of a prize means:
2        (1) a price at which the sponsor can substantiate that
3    a substantial quantity of the item or service offered as a
4    prize has been sold to the public; or
5        (2) if the sponsor is unable to satisfy the
6    requirement in subdivision (1), no more than 3 times the
7    amount the sponsor paid for the prize in a bona fide
8    purchase from an unaffiliated seller.
9    "Revenue cycle" means the end of a fill or software
10generated through the fill system.
11    "Revenue operation fee" means the fee paid to the State
12through the Department of Revenue for each fill generated
13through the fill system.
14    "Software" means the software that runs the product
15promotion sweepstakes kiosk that runs through the fill system.
16    "Sponsor" means a person on whose behalf a promotion is
17conducted to promote or advertise goods, services, or property
18of that person. "Sponsor" includes a person who conducts a
19promotion on behalf of another sponsor.
20    "Telephone card" means any stored-value system capable of
21being discarded when depleted or recharged for reuse and
22utilized to place a telephone call.
23(Source: P.A. 92-436, eff. 1-1-02.)
24    (815 ILCS 525/33 new)
25    Sec. 33. Electronic product promotion sweepstakes kiosks.



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1    (a) It is unlawful for a person to operate on any premises
2more than 10 electronic product promotion sweepstakes kiosks
3at any one time.
4    (b) No electronic product promotion sweepstakes kiosk
5shall be connected directly or indirectly to the Internet,
6either by cellular modem, hardwire or wireless connection, or
7to a set of interconnected networked devices in order to
8participate in the game or contest or to receive or retrieve
9any data related to the kiosk or device unless the connected
10device is a redemption vault.
11    (c) It is unlawful for an electronic product promotion
12sweepstakes kiosk to offer the sale of anything other than a
13bona fide product.
14    (d) It is unlawful to operate an electronic product
15promotion sweepstakes kiosk without a self-contained fill
17    (815 ILCS 525/45 new)
18    Sec. 45. Electronic product promotion sweepstakes kiosk;
19annual fee and revenue operation fee. The Department of
20Revenue is hereby authorized to impose an annual fee of not
21more than $100 for the operation of each electronic product
22promotion sweepstakes kiosk and collect a revenue operation
23fee of $1,000 for each revenue cycle.
24    Distributors of lawful electronic product promotion
25sweepstakes kiosks shall be responsible for the collection and



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1remittance of the revenue operation fee on a quarterly basis.
2    The Department of Revenue may audit a distributor or
3operator to ensure that all fills sold through the fill system
4are accounted for and subject to the revenue operation fee.
5    For the operation of each electronic product promotion
6sweepstakes kiosk, a municipality with a population of more
7than 2,000,000 inhabitants may impose a revenue operation fee
8not to exceed $500 and an annual fee not to exceed the amount
9of the fee the municipality imposes for an amusement device.
10    For the operation of each electronic product promotion
11sweepstakes kiosk, a municipality with a population of
122,000,000 inhabitants or less may impose a revenue operation
13fee not to exceed $100 and an annual fee not to exceed the
14amount of the fee the municipality imposes for an amusement
16    For the operation of each electronic product promotion
17sweepstakes kiosk, a county with a population of more than
182,000,000 inhabitants may impose an annual fee not to exceed
20    For the operation of each electronic product promotion
21sweepstakes kiosk, a county with a population of 2,000,000
22inhabitants or less may impose an annual fee not to exceed $50.
23    (815 ILCS 525/50 new)
24    Sec. 50. Application for distributor and operator license.
25    (a) An application for a distribution or operator license



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1shall be made in conformity with the provisions of this Act and
2the general requirements of the Department of Revenue relating
3to applications for licenses.
4    (b) The application shall be in writing and signed by the
5applicant, if an individual. If the applicant is a partnership
6or corporation, the application shall be signed by a duly
7authorized agent of the partnership or corporation. If the
8applicant is a limited liability company managed by managers,
9the application shall be signed by a manager. If the applicant
10is a limited liability company managed by its members, the
11application shall be signed by a member. The application shall
12be verified by oath or affidavit and shall include the
13following statements and information:
14        (1) in the case of:
15            (A) an individual: the name, date of birth,
16        residence address, current telephone number, and
17        social security number of the applicant; or
18            (B) a partnership, limited partnership,
19        corporation, limited liability company, or other legal
20        entity: the date of its organization or incorporation;
21        the objects for which it was organized or
22        incorporated; a summary of its activities during the
23        past year; the name, residence address, date of birth,
24        and social security numbers of any person owning
25        directly or beneficially any percentage of ownership
26        of the partnership, limited partnership, corporation,



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1        limited liability company, other legal entity;
2        however, if the partnership, limited partnership,
3        corporation, limited liability company, or other legal
4        entity is publicly traded on an exchange within the
5        meaning of the federal Securities Exchange Act of
6        1934, the names, residence addresses, social security
7        numbers, dates of birth, and percentage of interest of
8        the 3 members who own the highest percentage of
9        interest in the partnership, limited partnership,
10        corporation, limited liability company, or other legal
11        entity and of any other members who hold a 5% or
12        greater interest in the partnership, limited
13        partnership, corporation, limited liability company,
14        or other legal entity; and, where applicable, the
15        names, residence addresses, dates of birth, and social
16        security numbers of all principal officers and
17        directors; if the entity is a manager-managed limited
18        liability company, the names, residence addresses,
19        dates of birth, and social security numbers of all
20        managers; and the name and current telephone number of
21        any authorized agent;
22        (2) the length of time the applicant has been in a
23    business of that character or, in the case of a
24    corporation, the date when its charter was issued;
25        (3) the location of the place of business that is to be
26    operated under the license;



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1        (4) a statement as to whether the applicant is not
2    disqualified to receive a license by reason of any
3    provision of this Act or the laws of the State of Illinois;
4        (5) a statement as to whether the applicant has ever
5    been convicted of a felony related to a gambling offense;
6    and
7        (6) a statement that the applicant will not violate
8    any of the laws of the State of Illinois or of the United
9    States in the conduct of business.
10    (c) Applicants for a distributor or operator license must
11have a fingerprint-based criminal history background check
12completed by an Illinois licensed live scan fingerprint
14    (d) Applicants for a distributor or operator license shall
15be issued and approved within 30 days after the application is
16submitted to the Department of Revenue. No license shall be
17issued if the applicant or any of its owners, partners,
18shareholders, or members have been convicted of a felony
19related to gambling.
20    Section 99. Effective date. This Act takes effect upon
21becoming law.