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Sen. George P. Shadid
Filed: 5/6/2004
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LRB093 18614 LRD 50655 a |
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| AMENDMENT TO HOUSE BILL 4283
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| AMENDMENT NO. ______. Amend House Bill 4283, AS AMENDED, by |
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| replacing everything after the enacting clause with the |
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| following:
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| "Section 5. The Raffles Act is amended by adding Section |
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| 8.2 as follows:
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| (230 ILCS 15/8.2 new)
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| Sec. 8.2. Exemption for certain charitable institutions. |
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| (a) A charitable institution is not subject to the |
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| licensing provisions of subsection (a) of Section 2, items (1), |
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| (2), (3), (4), and (5) of Section 3, and the restrictions on |
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| the conduct of raffles imposed under item (5) of Section 4 if |
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| (i) the charitable institution is organized and conducted on a |
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| not-for-profit basis with no personal profit inuring to anyone |
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| as a result of the operation of the institution and is exempt |
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| from federal income taxation under Section 501(c)(3), |
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| 501(c)(4), 501(c)(5), 501(c)(8), 501(c)(10), or 501(c)(19) of |
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| the Internal Revenue Code, (ii) the net proceeds from raffles |
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| conducted by the charitable institution under this Act are used |
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| by the organization for charitable, scientific, or educational |
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| purposes related to the charitable institution, and (iii) the |
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| charitable institution obtains a license from the Department of |
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| Revenue under subsection (b). |
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| (b) The Department of Revenue shall, upon application |
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LRB093 18614 LRD 50655 a |
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| therefor on forms prescribed by that Department, and upon the |
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| receipt of an annual license fee of $300, which shall be |
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| collected by the host county and from which $200 shall be |
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| retained by the host county and $100 shall be paid by the host |
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| county to the Department of Revenue, and upon receipt by the |
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| Department of Revenue of a written finding from the host county |
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| that the applicant is a charitable institution that meets the |
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| qualifications in items (i) and (ii) of subsection (a), issue a |
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| license authorizing the charitable institution to conduct |
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| raffles as provided in this Section. The Department of Revenue |
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| shall act on a license application within 30 days after the |
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| Department receives the application, fee, and written |
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| determination from the host county required under this |
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| subsection. A license issued under this subsection (b) shall be |
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| valid for one year. The Department of Revenue shall deposit the |
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| portion of the fees paid to it under this Section into the |
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| General Revenue Fund.
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| (c) All raffle tickets sold by a licensee under this |
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| Section must have the name of the host county, the name of the |
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| licensee, and the license number of the licensee printed on the |
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| ticket. A licensee under this Section may sell raffle tickets |
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| under this Section in any part of this State except (i) in any |
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| municipality that has adopted an ordinance prohibiting the |
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| conduct of raffles or the sale of raffle tickets within its |
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| boundaries or (ii) in any unincorporated portion of a county |
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| that has adopted an ordinance prohibiting the conduct of |
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| raffles or the sale of raffle tickets within the unincorporated |
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| portions within its boundaries. The Department of Revenue shall |
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| provide by rule for limitations upon (1) the aggregate retail |
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| value of all prizes or merchandise awarded by a licensee under |
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| this Section in a single raffle, (2) the maximum retail value |
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| of each prize awarded by a licensee under this Section in a |
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| single raffle, (3) the maximum price that may be charged for |
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| each raffle chance issued or sold under this Section, and (4) |
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LRB093 18614 LRD 50655 a |
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| the maximum number of days during which chances may be issued |
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| or sold under this Section. |
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| (d) Upon notification from the host county of a violation |
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| of this Act, the Department of Revenue may suspend or revoke |
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| licenses issued under this Section for any violation of this |
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| Act. The Department of Revenue shall adopt rules concerning the |
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| proper form and manner of the notification required under this |
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| subsection.
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| (e) For a charitable organization that conducts raffles |
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| under this Section, all references in Sections 5 and 6 of this |
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| Act to a licensing authority or a licensing unit of local |
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| government mean the host county. |
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| (f) In addition to the requirements set forth in this |
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| Section, a charitable institution licensed by the Department of |
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| Revenue under this Section must meet all other requirements |
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| established by the Department by rule.
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| (g) A host county shall provide all information requested |
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| by the Department of Revenue concerning the conduct of raffles |
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| under this Section to the Department upon request by the |
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| Department.
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| (h) For the purpose of this Section, the term "host county" |
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| means the county in which the winning chance for a raffle |
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| conducted under a license issued under this Section is |
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| determined and the term "Department" means the Department of |
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| Revenue.
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.".
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