Rep. Lou Lang

Filed: 4/20/2015

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 940

2    AMENDMENT NO. ______. Amend House Bill 940 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Raffles and Poker Runs Act is amended by
5changing Section 2 and by adding Section 9 as follows:
 
6    (230 ILCS 15/2)  (from Ch. 85, par. 2302)
7    Sec. 2. Licensing.
8    (a) The governing body of any county or municipality within
9this State may establish a system for the licensing of
10organizations to operate raffles. The governing bodies of a
11county and one or more municipalities may, pursuant to a
12written contract, jointly establish a system for the licensing
13of organizations to operate raffles within any area of
14contiguous territory not contained within the corporate limits
15of a municipality which is not a party to such contract. The
16governing bodies of two or more adjacent counties or two or

 

 

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1more adjacent municipalities located within a county may,
2pursuant to a written contract, jointly establish a system for
3the licensing of organizations to operate raffles within the
4corporate limits of such counties or municipalities. The
5licensing authority may establish special categories of
6licenses and promulgate rules relating to the various
7categories. The licensing system shall provide for limitations
8upon (1) the aggregate retail value of all prizes or
9merchandise awarded by a licensee in a single raffle, (2) the
10maximum retail value of each prize awarded by a licensee in a
11single raffle, (3) the maximum price which may be charged for
12each raffle chance issued or sold and (4) the maximum number of
13days during which chances may be issued or sold. The licensing
14system may include a fee for each license in an amount to be
15determined by the local governing body. Licenses issued
16pursuant to this Act shall be valid for one raffle or for a
17specified number of raffles to be conducted during a specified
18period not to exceed one year and may be suspended or revoked
19for any violation of this Act. A local governing body shall act
20on a license application within 30 days from the date of
21application. Nothing in this Act shall be construed to prohibit
22a county or municipality from adopting rules or ordinances for
23the operation of raffles that are more restrictive than
24provided for in this Act. Except for raffles organized by law
25enforcement agencies and statewide associations that represent
26law enforcement officials as provided in Section 9 of this Act,

 

 

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1the The governing body of a municipality may authorize the sale
2of raffle chances only within the borders of the municipality.
3Except for raffles organized by law enforcement agencies and
4statewide associations that represent law enforcement
5officials as provided in Section 9, the The governing body of
6the county may authorize the sale of raffle chances only in
7those areas which are both within the borders of the county and
8outside the borders of any municipality.
9    (a-5) The governing body of any county within this State
10may establish a system for the licensing of organizations to
11operate poker runs. The governing bodies of 2 or more adjacent
12counties may, pursuant to a written contract, jointly establish
13a system for the licensing of organizations to operate poker
14runs within the corporate limits of such counties. The
15licensing authority may establish special categories of
16licenses and adopt rules relating to the various categories.
17The licensing system may include a fee not to exceed $25 for
18each license. Licenses issued pursuant to this Act shall be
19valid for one poker run or for a specified number of poker runs
20to be conducted during a specified period not to exceed one
21year and may be suspended or revoked for any violation of this
22Act. A local governing body shall act on a license application
23within 30 days after the date of application.
24    (b) Licenses shall be issued only to bona fide religious,
25charitable, labor, business, fraternal, educational or
26veterans' organizations that operate without profit to their

 

 

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1members and which have been in existence continuously for a
2period of 5 years immediately before making application for a
3license and which have had during that entire 5 year period a
4bona fide membership engaged in carrying out their objects, or
5to a non-profit fundraising organization that the licensing
6authority determines is organized for the sole purpose of
7providing financial assistance to an identified individual or
8group of individuals suffering extreme financial hardship as
9the result of an illness, disability, accident or disaster, as
10well as law enforcement agencies and statewide associations
11that represent law enforcement officials as provided for in
12Section 9 of this Act. A licensing authority may waive the
135-year requirement under this subsection (b) for a bona fide
14religious, charitable, labor, business, fraternal,
15educational, or veterans' organization that applies for a
16license to conduct a poker run if the organization is a local
17organization that is affiliated with and chartered by a
18national or State organization that meets the 5-year
19requirement.
20    For purposes of this Act, the following definitions apply.
21Non-profit: An organization or institution organized and
22conducted on a not-for-profit basis with no personal profit
23inuring to any one as a result of the operation. Charitable: An
24organization or institution organized and operated to benefit
25an indefinite number of the public. The service rendered to
26those eligible for benefits must also confer some benefit on

 

 

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1the public. Educational: An organization or institution
2organized and operated to provide systematic instruction in
3useful branches of learning by methods common to schools and
4institutions of learning which compare favorably in their scope
5and intensity with the course of study presented in
6tax-supported schools. Religious: Any church, congregation,
7society, or organization founded for the purpose of religious
8worship. Fraternal: An organization of persons having a common
9interest, the primary interest of which is to both promote the
10welfare of its members and to provide assistance to the general
11public in such a way as to lessen the burdens of government by
12caring for those that otherwise would be cared for by the
13government. Veterans: An organization or association comprised
14of members of which substantially all are individuals who are
15veterans or spouses, widows, or widowers of veterans, the
16primary purpose of which is to promote the welfare of its
17members and to provide assistance to the general public in such
18a way as to confer a public benefit. Labor: An organization
19composed of workers organized with the objective of betterment
20of the conditions of those engaged in such pursuit and the
21development of a higher degree of efficiency in their
22respective occupations. Business: A voluntary organization
23composed of individuals and businesses who have joined together
24to advance the commercial, financial, industrial and civic
25interests of a community.
26    (c) Poker runs shall be licensed by the governing body with

 

 

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1jurisdiction over the key location. The license granted by the
2key location shall cover the entire poker run, including
3locations other than the key location. Each license issued
4shall include the name and address of each predetermined
5location.
6(Source: P.A. 98-644, eff. 6-10-14.)
 
7    (230 ILCS 15/9 new)
8    Sec. 9. Raffles by law enforcement agencies and statewide
9associations that represent law enforcement officials.
10    (a) As used in this Section:
11    "Key location" means the location where the raffle
12organized by a law enforcement agency or a statewide
13association that represents law enforcement officials is
14conducted and the prize or prizes are awarded.
15    "Law enforcement agency" means an agency of this State or
16unit of local government which is vested by law or ordinance
17with the duty to maintain public order and to enforce criminal
18laws or ordinances.
19    (b) Notwithstanding the other provisions of this Act, law
20enforcement agencies and statewide associations that represent
21law enforcement officials may organize raffles under this Act.
22Raffles organized by a law enforcement agency or a statewide
23association that represents law enforcement officials must
24only be licensed by the governing body of the county or
25municipality in which the key location for that raffle is

 

 

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1located, even if raffle tickets are sold beyond the borders of
2that governing body of the county or municipality. A raffle
3organized by a law enforcement agency or a statewide
4association that represents law enforcement officials must
5abide by any restrictions established pursuant to subsection
6(a) of Section 2 of this Act by the governing body of the
7county or municipality in which the key location is located.
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.".