|
|
Sen. George P. Shadid
Filed: 5/5/2004
|
|
09300HB4283sam002 |
|
LRB093 18614 LRD 50529 a |
|
|
| 1 |
| AMENDMENT TO HOUSE BILL 4283
|
| 2 |
| AMENDMENT NO. ______. Amend House Bill 4283, AS AMENDED, by |
| 3 |
| replacing everything after the enacting clause with the |
| 4 |
| following:
|
| 5 |
| "Section 5. The Raffles Act is amended by adding Section |
| 6 |
| 8.2 as follows:
|
| 7 |
| (230 ILCS 15/8.2 new)
|
| 8 |
| Sec. 8.2. Exemption for certain charitable institutions. |
| 9 |
| (a) A charitable institution is not subject to the |
| 10 |
| licensing provisions of subsection (a) of Section 2, items (1), |
| 11 |
| (2), (3), (4), and (5) of Section 3, and the restrictions on |
| 12 |
| the conduct of raffles imposed under item (5) of Section 4 if |
| 13 |
| (i) the charitable institution is organized and conducted on a |
| 14 |
| not-for-profit basis with no personal profit inuring to anyone |
| 15 |
| as a result of the operation of the institution and is exempt |
| 16 |
| from federal income taxation under Section 501(c)(3), |
| 17 |
| 501(c)(4), 501(c)(5), 501(c)(8), 501(c)(10), or 501(c)(19) of |
| 18 |
| the Internal Revenue Code, (ii) the net proceeds from raffles |
| 19 |
| conducted by the charitable institution under this Act are used |
| 20 |
| by the organization for charitable, scientific, or educational |
| 21 |
| purposes related to the charitable institution, and (iii) the |
| 22 |
| charitable institution obtains a license from the Department of |
| 23 |
| Revenue under subsection (b). |
| 24 |
| (b) The Department of Revenue shall, upon application |
|
|
|
09300HB4283sam002 |
- 2 - |
LRB093 18614 LRD 50529 a |
|
|
| 1 |
| therefor on forms prescribed by that Department, and upon the |
| 2 |
| receipt of an annual license fee of $300, which shall be |
| 3 |
| collected by the host county and from which $200 shall be |
| 4 |
| retained by the host county and $100 shall be paid by the host |
| 5 |
| county to the Department of Revenue, and upon receipt by the |
| 6 |
| Department of a written finding from the host county that the |
| 7 |
| applicant is a charitable institution that meets the |
| 8 |
| qualifications in items (i) and (ii) of subsection (a), issue a |
| 9 |
| license authorizing the charitable institution to conduct |
| 10 |
| raffles as provided in this Section. A license issued under |
| 11 |
| this subsection (b) shall be valid for one year. The Department |
| 12 |
| shall deposit the portion of the fees paid to it under this |
| 13 |
| Section into the General Revenue Fund.
|
| 14 |
| (c) All raffle tickets sold by a licensee under this |
| 15 |
| Section must have the name of the host county, the name of the |
| 16 |
| licensee, and the license number of the licensee printed on the |
| 17 |
| ticket. A licensee under this Section may sell raffle tickets |
| 18 |
| under this Section in any part of this State except (i) in any |
| 19 |
| municipality that has adopted an ordinance prohibiting the |
| 20 |
| conduct of raffles or the sale of raffle tickets within its |
| 21 |
| boundaries or (ii) in any unincorporated portion of a county |
| 22 |
| that has adopted an ordinance prohibiting the conduct of |
| 23 |
| raffles or the sale of raffle tickets within the unincorporated |
| 24 |
| portions within its boundaries. The Department of Revenue shall |
| 25 |
| provide by rule for limitations upon (1) the aggregate retail |
| 26 |
| value of all prizes or merchandise awarded by a licensee under |
| 27 |
| this Section in a single raffle, (2) the maximum retail value |
| 28 |
| of each prize awarded by a licensee under this Section in a |
| 29 |
| single raffle, (3) the maximum price that may be charged for |
| 30 |
| each raffle chance issued or sold under this Section, and (4) |
| 31 |
| the maximum number of days during which chances may be issued |
| 32 |
| or sold under this Section. Licenses issued under this Section |
| 33 |
| may be suspended or revoked by the Department for any violation |
| 34 |
| of this Act. The Department of Revenue shall act on a license |
|
|
|
09300HB4283sam002 |
- 3 - |
LRB093 18614 LRD 50529 a |
|
|
| 1 |
| application within 30 days after the Department receives the |
| 2 |
| application, fee, and written determination from the host |
| 3 |
| county required under subsection (b).
|
| 4 |
| (d) For a charitable organization that conducts raffles |
| 5 |
| under this Section, all references in Sections 5 and 6 of this |
| 6 |
| Act to a licensing authority or a licensing unit of local |
| 7 |
| government mean the host county. |
| 8 |
| (e) In addition to the requirements set forth in this |
| 9 |
| Section, a charitable institution licensed by the Department of |
| 10 |
| Revenue under this Section must meet all other requirements |
| 11 |
| established by the Department by rule.
|
| 12 |
| (f) A host county shall provide all information requested |
| 13 |
| by the Department of Revenue concerning the conduct of raffles |
| 14 |
| under this Section to the Department upon request by the |
| 15 |
| Department.
|
| 16 |
| (g) For the purpose of this Section, the term "host county" |
| 17 |
| means the county in which the winning chance for a raffle |
| 18 |
| conducted under a license issued under this Section is |
| 19 |
| determined.
|
| 20 |
| Section 99. Effective date. This Act takes effect upon |
| 21 |
| becoming law.".
|