Illinois 2025-2026 Regular Session

Illinois Senate Bill SB2636 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2636 Introduced 3/12/2025, by Sen. Willie Preston SYNOPSIS AS INTRODUCED: See Index Amends the Video Gaming Act. Provides that an applicant or licensee is not in violation of the Act or any of the Illinois Gaming Board rules, and shall not be subject to disciplinary action, delay of any Board consideration, or denial of any license for operating a game device if operation of the gaming device is in compliance with and not considered gambling under the Criminal Code of 2012. Amends the Criminal Code of 2012. Provides that a gambling offense involving a specific gambling device is a Class 4 felony. Prohibits a municipality from imposing any restriction or prohibition related to an activity which is lawful under under a provision that set forth activities that a person may not be convicted of gambling for participating. Includes specified vending or other electronic machines or devices in the definition of gambling device. Amends the Prizes and Gifts Act. Provides that it is unlawful for a person to operate on any premises a prize and gift kiosk that fails to meet the specified technical standards. Prohibits a prize and gift kiosk from being connected directly or indirectly to the Internet in order to participate in the game or contest or to receive or retrieve any data related to the kiosk or device unless the connected device is a redemption vault. Provides that is unlawful for a prize and gift kiosk to offer the sale of anything other than a bona fide product. Provides that it is unlawful to operate a prize and gift kiosk without a self contained fill system which permits the operation of the device solely determined on a fee basis or the amount of revenue generated but does not include a system based on time, number of spins or spin equivalent, or other non-revenue based system, and automatically ceases to operate upon the completion of a predetermined cycle. Provides that it is unlawful to operate a prize and gift kiosk without a route boost plus internal monitoring system that accounts and records (i) cash in, (ii) winnings, (iii) entries used, (iv) power failures, disconnections from the monitoring system, and malfunctions, and (v) remote activations and disabling. Requires a prize and gift kiosk to be registered with the Department of Revenue and to remit the annual fee as set by the Department of Revenue. Effective immediately. LRB104 12693 LNS 23531 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2636 Introduced 3/12/2025, by Sen. Willie Preston SYNOPSIS AS INTRODUCED: See Index See Index Amends the Video Gaming Act. Provides that an applicant or licensee is not in violation of the Act or any of the Illinois Gaming Board rules, and shall not be subject to disciplinary action, delay of any Board consideration, or denial of any license for operating a game device if operation of the gaming device is in compliance with and not considered gambling under the Criminal Code of 2012. Amends the Criminal Code of 2012. Provides that a gambling offense involving a specific gambling device is a Class 4 felony. Prohibits a municipality from imposing any restriction or prohibition related to an activity which is lawful under under a provision that set forth activities that a person may not be convicted of gambling for participating. Includes specified vending or other electronic machines or devices in the definition of gambling device. Amends the Prizes and Gifts Act. Provides that it is unlawful for a person to operate on any premises a prize and gift kiosk that fails to meet the specified technical standards. Prohibits a prize and gift kiosk from being connected directly or indirectly to the Internet in order to participate in the game or contest or to receive or retrieve any data related to the kiosk or device unless the connected device is a redemption vault. Provides that is unlawful for a prize and gift kiosk to offer the sale of anything other than a bona fide product. Provides that it is unlawful to operate a prize and gift kiosk without a self contained fill system which permits the operation of the device solely determined on a fee basis or the amount of revenue generated but does not include a system based on time, number of spins or spin equivalent, or other non-revenue based system, and automatically ceases to operate upon the completion of a predetermined cycle. Provides that it is unlawful to operate a prize and gift kiosk without a route boost plus internal monitoring system that accounts and records (i) cash in, (ii) winnings, (iii) entries used, (iv) power failures, disconnections from the monitoring system, and malfunctions, and (v) remote activations and disabling. Requires a prize and gift kiosk to be registered with the Department of Revenue and to remit the annual fee as set by the Department of Revenue. Effective immediately. LRB104 12693 LNS 23531 b LRB104 12693 LNS 23531 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2636 Introduced 3/12/2025, by Sen. Willie Preston SYNOPSIS AS INTRODUCED:
3	3	See Index See Index
4	4	See Index
5	5	Amends the Video Gaming Act. Provides that an applicant or licensee is not in violation of the Act or any of the Illinois Gaming Board rules, and shall not be subject to disciplinary action, delay of any Board consideration, or denial of any license for operating a game device if operation of the gaming device is in compliance with and not considered gambling under the Criminal Code of 2012. Amends the Criminal Code of 2012. Provides that a gambling offense involving a specific gambling device is a Class 4 felony. Prohibits a municipality from imposing any restriction or prohibition related to an activity which is lawful under under a provision that set forth activities that a person may not be convicted of gambling for participating. Includes specified vending or other electronic machines or devices in the definition of gambling device. Amends the Prizes and Gifts Act. Provides that it is unlawful for a person to operate on any premises a prize and gift kiosk that fails to meet the specified technical standards. Prohibits a prize and gift kiosk from being connected directly or indirectly to the Internet in order to participate in the game or contest or to receive or retrieve any data related to the kiosk or device unless the connected device is a redemption vault. Provides that is unlawful for a prize and gift kiosk to offer the sale of anything other than a bona fide product. Provides that it is unlawful to operate a prize and gift kiosk without a self contained fill system which permits the operation of the device solely determined on a fee basis or the amount of revenue generated but does not include a system based on time, number of spins or spin equivalent, or other non-revenue based system, and automatically ceases to operate upon the completion of a predetermined cycle. Provides that it is unlawful to operate a prize and gift kiosk without a route boost plus internal monitoring system that accounts and records (i) cash in, (ii) winnings, (iii) entries used, (iv) power failures, disconnections from the monitoring system, and malfunctions, and (v) remote activations and disabling. Requires a prize and gift kiosk to be registered with the Department of Revenue and to remit the annual fee as set by the Department of Revenue. Effective immediately.
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8	8	A BILL FOR
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11	11	1 AN ACT concerning gaming.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Video Gaming Act is amended by changing
15	15	5 Section 35 as follows:
16	16	6 (230 ILCS 40/35)
17	17	7 Sec. 35. Display of license; confiscation; violation as
18	18	8 felony.
19	19	9 (a) Each video gaming terminal shall be licensed by the
20	20	10 Board before placement or operation on the premises of a
21	21	11 licensed establishment, licensed truck stop establishment,
22	22	12 licensed large truck stop establishment, licensed fraternal
23	23	13 establishment, or licensed veterans establishment. The license
24	24	14 of each video gaming terminal shall be maintained at the
25	25	15 location where the video gaming terminal is operated. Failure
26	26	16 to do so is a petty offense with a fine not to exceed $100. Any
27	27	17 licensed establishment, licensed truck stop establishment,
28	28	18 licensed large truck stop establishment, licensed fraternal
29	29	19 establishment, or licensed veterans establishment used for the
30	30	20 conduct of gambling games in violation of this Act shall be
31	31	21 considered a gambling place in violation of Section 28-3 of
32	32	22 the Criminal Code of 2012. Every gambling device found in a
33	33	23 licensed establishment, licensed truck stop establishment,
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2636 Introduced 3/12/2025, by Sen. Willie Preston SYNOPSIS AS INTRODUCED:
38	38	See Index See Index
39	39	See Index
40	40	Amends the Video Gaming Act. Provides that an applicant or licensee is not in violation of the Act or any of the Illinois Gaming Board rules, and shall not be subject to disciplinary action, delay of any Board consideration, or denial of any license for operating a game device if operation of the gaming device is in compliance with and not considered gambling under the Criminal Code of 2012. Amends the Criminal Code of 2012. Provides that a gambling offense involving a specific gambling device is a Class 4 felony. Prohibits a municipality from imposing any restriction or prohibition related to an activity which is lawful under under a provision that set forth activities that a person may not be convicted of gambling for participating. Includes specified vending or other electronic machines or devices in the definition of gambling device. Amends the Prizes and Gifts Act. Provides that it is unlawful for a person to operate on any premises a prize and gift kiosk that fails to meet the specified technical standards. Prohibits a prize and gift kiosk from being connected directly or indirectly to the Internet in order to participate in the game or contest or to receive or retrieve any data related to the kiosk or device unless the connected device is a redemption vault. Provides that is unlawful for a prize and gift kiosk to offer the sale of anything other than a bona fide product. Provides that it is unlawful to operate a prize and gift kiosk without a self contained fill system which permits the operation of the device solely determined on a fee basis or the amount of revenue generated but does not include a system based on time, number of spins or spin equivalent, or other non-revenue based system, and automatically ceases to operate upon the completion of a predetermined cycle. Provides that it is unlawful to operate a prize and gift kiosk without a route boost plus internal monitoring system that accounts and records (i) cash in, (ii) winnings, (iii) entries used, (iv) power failures, disconnections from the monitoring system, and malfunctions, and (v) remote activations and disabling. Requires a prize and gift kiosk to be registered with the Department of Revenue and to remit the annual fee as set by the Department of Revenue. Effective immediately.
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43	43	A BILL FOR
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68	68	1 licensed large truck stop establishment, licensed fraternal
69	69	2 establishment, or licensed veterans establishment operating
70	70	3 gambling games in violation of this Act shall be subject to
71	71	4 seizure, confiscation, and destruction as provided in Section
72	72	5 28-5 of the Criminal Code of 2012. Any license issued under the
73	73	6 Liquor Control Act of 1934 to any owner or operator of a
74	74	7 licensed establishment, licensed truck stop establishment,
75	75	8 licensed large truck stop establishment, licensed fraternal
76	76	9 establishment, or licensed veterans establishment that
77	77	10 operates or permits the operation of a video gaming terminal
78	78	11 within its establishment in violation of this Act shall be
79	79	12 immediately revoked. No person may own, operate, have in his
80	80	13 or her possession or custody or under his or her control, or
81	81	14 permit to be kept in any place under his or her possession or
82	82	15 control, any device that awards credits and contains a
83	83	16 circuit, meter, or switch capable of removing and recording
84	84	17 the removal of credits when the award of credits is dependent
85	85	18 upon chance.
86	86	19 Nothing in this Section shall be deemed to prohibit the
87	87	20 use of a game device only if the game device is used in an
88	88	21 activity that is not gambling under subsection (b) of Section
89	89	22 28-1 of the Criminal Code of 2012. An applicant or licensee
90	90	23 under this Act is not in violation of this Act or any of the
91	91	24 Illinois Gaming Board rules, specifically 11 Ill. Adm. Code
92	92	25 1800.420, and shall not be subject to disciplinary action,
93	93	26 delay of any Board consideration, or denial of any license for
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104	104	1 operating a game device if operation of the gaming device is in
105	105	2 compliance with and not considered gambling under subsection
106	106	3 (b) of Section 28-1 or paragraph (iii) of subsection (a) of
107	107	4 Section 28-2 of the Criminal Code of 2012.
108	108	5 A violation of this Section is a Class 4 felony. All
109	109	6 devices that are owned, operated, or possessed in violation of
110	110	7 this Section are hereby declared to be public nuisances and
111	111	8 shall be subject to seizure, confiscation, and destruction as
112	112	9 provided in Section 28-5 of the Criminal Code of 2012.
113	113	10 The provisions of this Section do not apply to devices or
114	114	11 electronic video game terminals licensed pursuant to this Act.
115	115	12 A video gaming terminal operated for amusement only and
116	116	13 bearing a valid amusement tax sticker shall not be subject to
117	117	14 this Section until 30 days after the Board establishes that
118	118	15 the central communications system is functional.
119	119	16 (b) (1) The odds of winning each video game shall be posted
120	120	17 on or near each video gaming terminal. The manner in which the
121	121	18 odds are calculated and how they are posted shall be
122	122	19 determined by the Board by rule.
123	123	20 (2) No video gaming terminal licensed under this Act may
124	124	21 be played except during the legal hours of operation allowed
125	125	22 for the consumption of alcoholic beverages at the licensed
126	126	23 establishment, licensed fraternal establishment, or licensed
127	127	24 veterans establishment. A licensed establishment, licensed
128	128	25 fraternal establishment, or licensed veterans establishment
129	129	26 that violates this subsection is subject to termination of its
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140	140	1 license by the Board.
141	141	2 (Source: P.A. 101-31, eff. 6-28-19.)
142	142	3 Section 10. The Criminal Code of 2012 is amended by
143	143	4 changing Sections 28-1 and 28-2 as follows and by adding
144	144	5 Section 28-1.2 as follows:
145	145	6 (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
146	146	7 Sec. 28-1. Gambling.
147	147	8 (a) A person commits gambling when he or she:
148	148	9 (1) knowingly plays a game of chance or skill for
149	149	10 money or other thing of value, unless excepted in
150	150	11 subsection (b) of this Section;
151	151	12 (2) knowingly makes a wager upon the result of any
152	152	13 game, contest, or any political nomination, appointment or
153	153	14 election;
154	154	15 (3) knowingly operates, keeps, owns, uses, purchases,
155	155	16 exhibits, rents, sells, bargains for the sale or lease of,
156	156	17 manufactures or distributes any gambling device;
157	157	18 (4) contracts to have or give himself or herself or
158	158	19 another the option to buy or sell, or contracts to buy or
159	159	20 sell, at a future time, any grain or other commodity
160	160	21 whatsoever, or any stock or security of any company, where
161	161	22 it is at the time of making such contract intended by both
162	162	23 parties thereto that the contract to buy or sell, or the
163	163	24 option, whenever exercised, or the contract resulting
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174	174	1 therefrom, shall be settled, not by the receipt or
175	175	2 delivery of such property, but by the payment only of
176	176	3 differences in prices thereof; however, the issuance,
177	177	4 purchase, sale, exercise, endorsement or guarantee, by or
178	178	5 through a person registered with the Secretary of State
179	179	6 pursuant to Section 8 of the Illinois Securities Law of
180	180	7 1953, or by or through a person exempt from such
181	181	8 registration under said Section 8, of a put, call, or
182	182	9 other option to buy or sell securities which have been
183	183	10 registered with the Secretary of State or which are exempt
184	184	11 from such registration under Section 3 of the Illinois
185	185	12 Securities Law of 1953 is not gambling within the meaning
186	186	13 of this paragraph (4);
187	187	14 (5) knowingly owns or possesses any book, instrument
188	188	15 or apparatus by means of which bets or wagers have been, or
189	189	16 are, recorded or registered, or knowingly possesses any
190	190	17 money which he has received in the course of a bet or
191	191	18 wager;
192	192	19 (6) knowingly sells pools upon the result of any game
193	193	20 or contest of skill or chance, political nomination,
194	194	21 appointment or election;
195	195	22 (7) knowingly sets up or promotes any lottery or
196	196	23 sells, offers to sell or transfers any ticket or share for
197	197	24 any lottery;
198	198	25 (8) knowingly sets up or promotes any policy game or
199	199	26 sells, offers to sell or knowingly possesses or transfers
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210	210	1 any policy ticket, slip, record, document or other similar
211	211	2 device;
212	212	3 (9) knowingly drafts, prints or publishes any lottery
213	213	4 ticket or share, or any policy ticket, slip, record,
214	214	5 document or similar device, except for such activity
215	215	6 related to lotteries, bingo games and raffles authorized
216	216	7 by and conducted in accordance with the laws of Illinois
217	217	8 or any other state or foreign government;
218	218	9 (10) knowingly advertises any lottery or policy game,
219	219	10 except for such activity related to lotteries, bingo games
220	220	11 and raffles authorized by and conducted in accordance with
221	221	12 the laws of Illinois or any other state;
222	222	13 (11) knowingly transmits information as to wagers,
223	223	14 betting odds, or changes in betting odds by telephone,
224	224	15 telegraph, radio, semaphore or similar means; or knowingly
225	225	16 installs or maintains equipment for the transmission or
226	226	17 receipt of such information; except that nothing in this
227	227	18 subdivision (11) prohibits transmission or receipt of such
228	228	19 information for use in news reporting of sporting events
229	229	20 or contests; or
230	230	21 (12) knowingly establishes, maintains, or operates an
231	231	22 Internet site that permits a person to play a game of
232	232	23 chance or skill for money or other thing of value by means
233	233	24 of the Internet or to make a wager upon the result of any
234	234	25 game, contest, political nomination, appointment, or
235	235	26 election by means of the Internet. This item (12) does not
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246	246	1 apply to activities referenced in items (6), (6.1), (8),
247	247	2 (8.1), and (15) of subsection (b) of this Section.
248	248	3 (b) Participants in any of the following activities shall
249	249	4 not be convicted of gambling:
250	250	5 (1) Agreements to compensate for loss caused by the
251	251	6 happening of chance including without limitation contracts
252	252	7 of indemnity or guaranty and life or health or accident
253	253	8 insurance.
254	254	9 (2) Offers of prizes, award or compensation to the
255	255	10 actual contestants in any bona fide contest for the
256	256	11 determination of skill, speed, strength or endurance or to
257	257	12 the owners of animals or vehicles entered in such contest.
258	258	13 (3) Pari-mutuel betting as authorized by the law of
259	259	14 this State.
260	260	15 (4) Manufacture of gambling devices, including the
261	261	16 acquisition of essential parts therefor and the assembly
262	262	17 thereof, for transportation in interstate or foreign
263	263	18 commerce to any place outside this State when such
264	264	19 transportation is not prohibited by any applicable Federal
265	265	20 law; or the manufacture, distribution, or possession of
266	266	21 video gaming terminals, as defined in the Video Gaming
267	267	22 Act, by manufacturers, distributors, and terminal
268	268	23 operators licensed to do so under the Video Gaming Act.
269	269	24 (5) The game commonly known as "bingo", when conducted
270	270	25 in accordance with the Bingo License and Tax Act.
271	271	26 (6) Lotteries when conducted by the State of Illinois
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282	282	1 in accordance with the Illinois Lottery Law. This
283	283	2 exemption includes any activity conducted by the
284	284	3 Department of Revenue to sell lottery tickets pursuant to
285	285	4 the provisions of the Illinois Lottery Law and its rules.
286	286	5 (6.1) The purchase of lottery tickets through the
287	287	6 Internet for a lottery conducted by the State of Illinois
288	288	7 under the program established in Section 7.12 of the
289	289	8 Illinois Lottery Law.
290	290	9 (7) Possession of an antique slot machine that is
291	291	10 neither used nor intended to be used in the operation or
292	292	11 promotion of any unlawful gambling activity or enterprise.
293	293	12 For the purpose of this subparagraph (b)(7), an antique
294	294	13 slot machine is one manufactured 25 years ago or earlier.
295	295	14 (8) Raffles and poker runs when conducted in
296	296	15 accordance with the Raffles and Poker Runs Act.
297	297	16 (8.1) The purchase of raffle chances for a raffle
298	298	17 conducted in accordance with the Raffles and Poker Runs
299	299	18 Act.
300	300	19 (9) Charitable games when conducted in accordance with
301	301	20 the Charitable Games Act.
302	302	21 (10) Pull tabs and jar games when conducted under the
303	303	22 Illinois Pull Tabs and Jar Games Act.
304	304	23 (11) Gambling games when authorized by the Illinois
305	305	24 Gambling Act.
306	306	25 (12) Video gaming terminal games at a licensed
307	307	26 establishment, licensed truck stop establishment, licensed
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318	318	1 large truck stop establishment, licensed fraternal
319	319	2 establishment, or licensed veterans establishment when
320	320	3 conducted in accordance with the Video Gaming Act.
321	321	4 (13) Games of skill or chance where money or other
322	322	5 things of value can be won but no payment or purchase is
323	323	6 required to participate as provided for in Section 10 of
324	324	7 the Prizes and Gifts Act, except where participation in
325	325	8 such game of chance is accomplished using a gambling
326	326	9 device prohibited by paragraph (iii) of subsection (a) of
327	327	10 Section 28-2.
328	328	11 (14) Savings promotion raffles authorized under
329	329	12 Section 5g of the Illinois Banking Act, Section 7008 of
330	330	13 the Savings Bank Act, Section 42.7 of the Illinois Credit
331	331	14 Union Act, Section 5136B of the National Bank Act (12
332	332	15 U.S.C. 25a), or Section 4 of the Home Owners' Loan Act (12
333	333	16 U.S.C. 1463).
334	334	17 (15) Sports wagering when conducted in accordance with
335	335	18 the Sports Wagering Act.
336	336	19 (c) Sentence.
337	337	20 (1) Gambling is a Class A misdemeanor. A second or
338	338	21 subsequent conviction under subsections (a)(3) through
339	339	22 (a)(12), is a Class 4 felony.
340	340	23 (2) Notwithstanding any other provision of this
341	341	24 Section to the contrary, a gambling offense involving a
342	342	25 gambling device described in paragraph (iii) of subsection
343	343	26 (a) of Section 28-2 is a Class 4 felony.
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354	354	1 (d) Circumstantial evidence.
355	355	2 In prosecutions under this Section circumstantial evidence
356	356	3 shall have the same validity and weight as in any criminal
357	357	4 prosecution.
358	358	5 (Source: P.A. 101-31, Article 25, Section 25-915, eff.
359	359	6 6-28-19; 101-31, Article 35, Section 35-80, eff. 6-28-19;
360	360	7 101-109, eff. 7-19-19; 102-558, eff. 8-20-21.)
361	361	8 (720 ILCS 5/28-1.2 new)
362	362	9 Sec. 28-1.2. Restrictions prohibited. No municipality
363	363	10 shall impose any restriction or prohibition related to an
364	364	11 activity which is lawful under subsection (b) of Section 28-1.
365	365	12 (720 ILCS 5/28-2) (from Ch. 38, par. 28-2)
366	366	13 Sec. 28-2. Definitions.
367	367	14 (a) A "gambling device" is (i) any clock, tape machine,
368	368	15 slot machine or other machines or device for the reception of
369	369	16 money or other thing of value on chance or skill or upon the
370	370	17 action of which money or other thing of value is staked,
371	371	18 hazarded, bet, won, or lost; (ii) or any mechanism, furniture,
372	372	19 fixture, equipment, or other device designed primarily for use
373	373	20 in a gambling place; or (iii) any vending or other electronic
374	374	21 machine or device, including, but not limited to, a machine or
375	375	22 device that awards credits and contains a circuit, meter, or
376	376	23 switch capable of removing and recording the removal of
377	377	24 credits or that is connected directly or indirectly to the
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388	388	1 Internet, either by cellular modem, hard wire, or wireless
389	389	2 connection, or to a set of interconnected networked devices in
390	390	3 order to participate in the game or contest or to receive or
391	391	4 retrieve any data related to the device unless the connected
392	392	5 device is a redemption vault or does not operate with a
393	393	6 self-contained fill system, as defined in Section 10 and
394	394	7 subsection (d) of Section 33 of the Prizes and Gifts Act, which
395	395	8 permits the operation of the device solely determined on a fee
396	396	9 basis or the amount of revenue generated but does not include a
397	397	10 system based on time, number of spins or spin equivalent, or
398	398	11 other non-revenue based system, and automatically ceases to
399	399	12 operate upon the completion of a predetermined cycle and a
400	400	13 route boost plus internal monitoring system, as defined in
401	401	14 Section 10 of the Prizes and gifts Act, which is established
402	402	15 and operated by the distributor. A "gambling device" does not
403	403	16 include:
404	404	17 (1) A coin-in-the-slot operated mechanical device
405	405	18 played for amusement which rewards the player with the
406	406	19 right to replay such mechanical device, which device is so
407	407	20 constructed or devised as to make such result of the
408	408	21 operation thereof depend in part upon the skill of the
409	409	22 player and which returns to the player thereof no money,
410	410	23 property, or right to receive money or property.
411	411	24 (2) Except as otherwise provided in this subsection, a
412	412	25 vending machine Vending machines by which full and
413	413	26 adequate return is made for the money invested and in
414	414
415	415
416	416
417	417
418	418
419	419	SB2636 - 11 - LRB104 12693 LNS 23531 b
420	420
421	421
422	422	SB2636- 12 -LRB104 12693 LNS 23531 b SB2636 - 12 - LRB104 12693 LNS 23531 b
423	423	SB2636 - 12 - LRB104 12693 LNS 23531 b
424	424	1 which there is no element of chance or hazard; or a device
425	425	2 as provided for in the Prizes and Gifts Act.
426	426	3 (3) A crane game. For the purposes of this paragraph
427	427	4 (3), a "crane game" is an amusement device involving
428	428	5 skill, if it rewards the player exclusively with
429	429	6 merchandise contained within the amusement device proper
430	430	7 and limited to toys, novelties, and prizes other than
431	431	8 currency, each having a wholesale value which is not more
432	432	9 than $25.
433	433	10 (4) A redemption machine. For the purposes of this
434	434	11 paragraph (4), a "redemption machine" is a single-player
435	435	12 or multi-player amusement device involving a game, the
436	436	13 object of which is throwing, rolling, bowling, shooting,
437	437	14 placing, or propelling a ball or other object that is
438	438	15 either physical or computer generated on a display or with
439	439	16 lights into, upon, or against a hole or other target that
440	440	17 is either physical or computer generated on a display or
441	441	18 with lights, or stopping, by physical, mechanical, or
442	442	19 electronic means, a moving object that is either physical
443	443	20 or computer generated on a display or with lights into,
444	444	21 upon, or against a hole or other target that is either
445	445	22 physical or computer generated on a display or with
446	446	23 lights, provided that all of the following conditions are
447	447	24 met:
448	448	25 (A) The outcome of the game is predominantly
449	449	26 determined by the skill of the player.
450	450
451	451
452	452
453	453
454	454
455	455	SB2636 - 12 - LRB104 12693 LNS 23531 b
456	456
457	457
458	458	SB2636- 13 -LRB104 12693 LNS 23531 b SB2636 - 13 - LRB104 12693 LNS 23531 b
459	459	SB2636 - 13 - LRB104 12693 LNS 23531 b
460	460	1 (B) The award of the prize is based solely upon the
461	461	2 player's achieving the object of the game or otherwise
462	462	3 upon the player's score.
463	463	4 (C) Only merchandise prizes are awarded.
464	464	5 (D) The wholesale value of prizes awarded in lieu
465	465	6 of tickets or tokens for single play of the device does
466	466	7 not exceed $25.
467	467	8 (E) The redemption value of tickets, tokens, and
468	468	9 other representations of value, which may be
469	469	10 accumulated by players to redeem prizes of greater
470	470	11 value, for a single play of the device does not exceed
471	471	12 $25.
472	472	13 (5) Video gaming terminals at a licensed
473	473	14 establishment, licensed truck stop establishment, licensed
474	474	15 large truck stop establishment, licensed fraternal
475	475	16 establishment, or licensed veterans establishment licensed
476	476	17 in accordance with the Video Gaming Act.
477	477	18 (a-5) "Internet" means an interactive computer service or
478	478	19 system or an information service, system, or access software
479	479	20 provider that provides or enables computer access by multiple
480	480	21 users to a computer server, and includes, but is not limited
481	481	22 to, an information service, system, or access software
482	482	23 provider that provides access to a network system commonly
483	483	24 known as the Internet, or any comparable system or service and
484	484	25 also includes, but is not limited to, a World Wide Web page,
485	485	26 newsgroup, message board, mailing list, or chat area on any
486	486
487	487
488	488
489	489
490	490
491	491	SB2636 - 13 - LRB104 12693 LNS 23531 b
492	492
493	493
494	494	SB2636- 14 -LRB104 12693 LNS 23531 b SB2636 - 14 - LRB104 12693 LNS 23531 b
495	495	SB2636 - 14 - LRB104 12693 LNS 23531 b
496	496	1 interactive computer service or system or other online
497	497	2 service.
498	498	3 (a-6) "Access" has the meaning ascribed to the term in
499	499	4 Section 17-55.
500	500	5 (a-7) "Computer" has the meaning ascribed to the term in
501	501	6 Section 17-0.5.
502	502	7 (b) A "lottery" is any scheme or procedure whereby one or
503	503	8 more prizes are distributed by chance among persons who have
504	504	9 paid or promised consideration for a chance to win such
505	505	10 prizes, whether such scheme or procedure is called a lottery,
506	506	11 raffle, gift, sale, or some other name, excluding savings
507	507	12 promotion raffles authorized under Section 5g of the Illinois
508	508	13 Banking Act, Section 7008 of the Savings Bank Act, Section
509	509	14 42.7 of the Illinois Credit Union Act, Section 5136B of the
510	510	15 National Bank Act (12 U.S.C. 25a), or Section 4 of the Home
511	511	16 Owners' Loan Act (12 U.S.C. 1463).
512	512	17 (c) A "policy game" is any scheme or procedure whereby a
513	513	18 person promises or guarantees by any instrument, bill,
514	514	19 certificate, writing, token, or other device that any
515	515	20 particular number, character, ticket, or certificate shall in
516	516	21 the event of any contingency in the nature of a lottery entitle
517	517	22 the purchaser or holder to receive money, property, or
518	518	23 evidence of debt.
519	519	24 (Source: P.A. 101-31, eff. 6-28-19; 101-87, eff. 1-1-20;
520	520	25 102-558, eff. 8-20-21.)
521	521
522	522
523	523
524	524
525	525
526	526	SB2636 - 14 - LRB104 12693 LNS 23531 b
527	527
528	528
529	529	SB2636- 15 -LRB104 12693 LNS 23531 b SB2636 - 15 - LRB104 12693 LNS 23531 b
530	530	SB2636 - 15 - LRB104 12693 LNS 23531 b
531	531	1 Section 15. The Prizes and Gifts Act is amended by by
532	532	2 changing Section 10 and by adding Sections 33 and 45 as
533	533	3 follows:
534	534	4 (815 ILCS 525/10)
535	535	5 Sec. 10. Definitions. As used in this Act:
536	536	6 "Bona fide product" means any item of real value, which
537	537	7 may include gift certificates to be used for or towards the
538	538	8 purchase of a retail item. "Bona fide product" does not
539	539	9 include discount coupons, Internet access, a telephone card, a
540	540	10 calling card, or a phone card.
541	541	11 "Catalog seller" means an entity (and its subsidiaries) or
542	542	12 a person at least 50% of whose annual revenues are derived from
543	543	13 the sale of products sold in connection with the distribution
544	544	14 of catalogs of at least 24 pages, which contain written
545	545	15 descriptions or illustrations and sale prices for each item of
546	546	16 merchandise and which are distributed in more than one state
547	547	17 with a total annual distribution of at least 250,000.
548	548	18 "Discount coupon" means a coupon that has a value worth
549	549	19 double the amount inserted into the electronic product
550	550	20 promotion kiosk and is used to offset the price of a retail
551	551	21 item at a store with a physical location or ecommerce website.
552	552	22 "No payment or purchase" means the process to participate
553	553	23 in a prize and gift kiosk without inserting anything of value
554	554	24 and limited to obtaining a code that will allow for free
555	555	25 participation through the mail pursuant to instructions
556	556
557	557
558	558
559	559
560	560
561	561	SB2636 - 15 - LRB104 12693 LNS 23531 b
562	562
563	563
564	564	SB2636- 16 -LRB104 12693 LNS 23531 b SB2636 - 16 - LRB104 12693 LNS 23531 b
565	565	SB2636 - 16 - LRB104 12693 LNS 23531 b
566	566	1 contained within the prize and gift kiosk.
567	567	2 "Person" means a corporation, partnership, limited
568	568	3 liability company, sole proprietorship, or natural person.
569	569	4 "Prize" means a gift, award, or other item or service of
570	570	5 value that is offered or awarded to a participant in a real or
571	571	6 purported contest, competition, sweepstakes, scheme, plan, or
572	572	7 other selection process that involves an element of chance.
573	573	8 "Prize and gift kiosk" means a device used to promote the
574	574	9 purchase of a bona fide product and offers or awards a prize,
575	575	10 including cash, without requiring payment or purchase to
576	576	11 participate in compliance with paragraph (12) of subsection
577	577	12 (a) and paragraph (13) of subsection (b) of Section 28-1 of the
578	578	13 Criminal Code of 2012, contains a fill system which permits
579	579	14 the operation of the device solely determined on a fee basis or
580	580	15 the amount of revenue generated but does not include a system
581	581	16 based on time, number of spins or spin equivalent, or other
582	582	17 non-revenue based system, and automatically ceases to operate
583	583	18 upon the completion of a predetermined cycle, contains a route
584	584	19 boost plus internal monitoring system that accounts and
585	585	20 records (i) cash in, (ii) winnings, (iii) entries used, (iv)
586	586	21 power failures, disconnections from the monitoring system, and
587	587	22 malfunctions, and (v) remote activations and disabling.
588	588	23 However, the monitoring system shall not be able to control or
589	589	24 in any way alter the play of the prize and gift kiosk and shall
590	590	25 not provide for the monitoring or reading of personal or
591	591	26 financial information concerning patrons, and is not connected
592	592
593	593
594	594
595	595
596	596
597	597	SB2636 - 16 - LRB104 12693 LNS 23531 b
598	598
599	599
600	600	SB2636- 17 -LRB104 12693 LNS 23531 b SB2636 - 17 - LRB104 12693 LNS 23531 b
601	601	SB2636 - 17 - LRB104 12693 LNS 23531 b
602	602	1 directly or indirectly to the Internet, either by cellular
603	603	2 modem, hard wire or wireless connection, or to a set of
604	604	3 interconnected networked devices in order to participate in
605	605	4 the game or contest or to receive or retrieve any data related
606	606	5 to the device unless the connected device is a redemption
607	607	6 vault that is for the sole purpose of redeeming a prize or
608	608	7 award.
609	609	8 "Retail value" of a prize means:
610	610	9 (1) a price at which the sponsor can substantiate that
611	611	10 a substantial quantity of the item or service offered as a
612	612	11 prize has been sold to the public; or
613	613	12 (2) if the sponsor is unable to satisfy the
614	614	13 requirement in subdivision (1), no more than 3 times the
615	615	14 amount the sponsor paid for the prize in a bona fide
616	616	15 purchase from an unaffiliated seller.
617	617	16 "Route boost plus" means an internal monitoring system
618	618	17 that accounts and records (i) cash in, (ii) winnings, (iii)
619	619	18 entries used, (iv) power failures, disconnections from the
620	620	19 monitoring system, and malfunctions, and (v) remote
621	621	20 activations and disabling. However, the monitoring system
622	622	21 shall not be able to control or in any way alter the play of
623	623	22 the prize and gift kiosk and shall not provide for the
624	624	23 monitoring or reading of personal or financial information
625	625	24 concerning patrons.
626	626	25 "Sponsor" means a person on whose behalf a promotion is
627	627	26 conducted to promote or advertise goods, services, or property
628	628
629	629
630	630
631	631
632	632
633	633	SB2636 - 17 - LRB104 12693 LNS 23531 b
634	634
635	635
636	636	SB2636- 18 -LRB104 12693 LNS 23531 b SB2636 - 18 - LRB104 12693 LNS 23531 b
637	637	SB2636 - 18 - LRB104 12693 LNS 23531 b
638	638	1 of that person. "Sponsor" includes a person who conducts a
639	639	2 promotion on behalf of another sponsor.
640	640	3 (Source: P.A. 92-436, eff. 1-1-02.)
641	641	4 (815 ILCS 525/33 new)
642	642	5 Sec. 33. Prize and gift kiosk.
643	643	6 (a) It is unlawful for a person to operate on any premises
644	644	7 a prize and gift kiosk that fails to meet the technical
645	645	8 standard set forth in Section 10.
646	646	9 (b) No prize and gift kiosk shall be connected directly or
647	647	10 indirectly to the Internet, either by cellular modem, hard
648	648	11 wire or wireless connection, or to a set of interconnected
649	649	12 networked devices in order to participate in the game or
650	650	13 contest or to receive or retrieve any data related to the kiosk
651	651	14 or device unless the connected device is a redemption vault.
652	652	15 (c) It is unlawful for a prize and gift kiosk to offer the
653	653	16 sale of anything other than a bona fide product.
654	654	17 (d) It is unlawful to operate a prize and gift kiosk
655	655	18 without a self contained fill system which permits the
656	656	19 operation of the device solely determined on a fee basis or the
657	657	20 amount of revenue generated but does not include a system
658	658	21 based on time, number of spins or spin equivalent, or other
659	659	22 non-revenue based system, and automatically ceases to operate
660	660	23 upon the completion of a predetermined cycle.
661	661	24 (e) It is unlawful to operate a prize and gift kiosk
662	662	25 without a route boost plus internal monitoring system that
663	663
664	664
665	665
666	666
667	667
668	668	SB2636 - 18 - LRB104 12693 LNS 23531 b
669	669
670	670
671	671	SB2636- 19 -LRB104 12693 LNS 23531 b SB2636 - 19 - LRB104 12693 LNS 23531 b
672	672	SB2636 - 19 - LRB104 12693 LNS 23531 b
673	673	1 accounts and records (i) cash in, (ii) winnings, (iii) entries
674	674	2 used, (iv) power failures, disconnections from the monitoring
675	675	3 system, and malfunctions, and (v) remote activations and
676	676	4 disabling. However, the monitoring system shall not be able to
677	677	5 control or in any way alter the play of the prize and gift
678	678	6 kiosk and shall not provide for the monitoring or reading of
679	679	7 personal or financial information concerning patrons.
680	680	8 (f) It is unlawful for a prize and gift kiosk to offer no
681	681	9 payment or purchase options other than provided for in Section
682	682	10 10.
683	683	11 (815 ILCS 525/45 new)
684	684	12 Sec. 45. Fee. A prize and gift kiosk shall be registered
685	685	13 with the Department of Revenue and shall remit the annual fee
686	686	14 as set by the Department of Revenue. Filing for a device other
687	687	15 than a prize and gift kiosk shall be deemed a violation of
688	688	16 filing a false report or form with the State. Violators shall
689	689	17 be subject to any and all penalties for such violation,
690	690	18 including, but not limited to, the seizure of the device. The
691	691	19 Department of Revenue and the Illinois Liquor Control
692	692	20 Commission or its designee, including any public or private
693	693	21 task force, shall have jurisdiction.
694	694	22 Section 99. Effective date. This Act takes effect upon
695	695	23 becoming law.
696	696	SB2636- 20 -LRB104 12693 LNS 23531 b 1 INDEX 2 Statutes amended in order of appearance 3 230 ILCS 40/354 720 ILCS 5/28-1from Ch. 38, par. 28-15 720 ILCS 5/28-1.2 new6 720 ILCS 5/28-2from Ch. 38, par. 28-27 815 ILCS 525/108 815 ILCS 525/33 new9 815 ILCS 525/45 new SB2636- 20 -LRB104 12693 LNS 23531 b SB2636 - 20 - LRB104 12693 LNS 23531 b 1 INDEX 2 Statutes amended in order of appearance 3 230 ILCS 40/35 4 720 ILCS 5/28-1 from Ch. 38, par. 28-1 5 720 ILCS 5/28-1.2 new 6 720 ILCS 5/28-2 from Ch. 38, par. 28-2 7 815 ILCS 525/10 8 815 ILCS 525/33 new 9 815 ILCS 525/45 new
697	697	SB2636- 20 -LRB104 12693 LNS 23531 b SB2636 - 20 - LRB104 12693 LNS 23531 b
698	698	SB2636 - 20 - LRB104 12693 LNS 23531 b
699	699	1 INDEX
700	700	2 Statutes amended in order of appearance
701	701	3 230 ILCS 40/35
702	702	4 720 ILCS 5/28-1 from Ch. 38, par. 28-1
703	703	5 720 ILCS 5/28-1.2 new
704	704	6 720 ILCS 5/28-2 from Ch. 38, par. 28-2
705	705	7 815 ILCS 525/10
706	706	8 815 ILCS 525/33 new
707	707	9 815 ILCS 525/45 new
708	708
709	709
710	710
711	711
712	712
713	713	SB2636 - 19 - LRB104 12693 LNS 23531 b
714	714
715	715
716	716
717	717	SB2636- 20 -LRB104 12693 LNS 23531 b SB2636 - 20 - LRB104 12693 LNS 23531 b
718	718	SB2636 - 20 - LRB104 12693 LNS 23531 b
719	719	1 INDEX
720	720	2 Statutes amended in order of appearance
721	721	3 230 ILCS 40/35
722	722	4 720 ILCS 5/28-1 from Ch. 38, par. 28-1
723	723	5 720 ILCS 5/28-1.2 new
724	724	6 720 ILCS 5/28-2 from Ch. 38, par. 28-2
725	725	7 815 ILCS 525/10
726	726	8 815 ILCS 525/33 new
727	727	9 815 ILCS 525/45 new
728	728
729	729
730	730
731	731
732	732
733	733	SB2636 - 20 - LRB104 12693 LNS 23531 b