99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3538

 

Introduced , by Rep. Keith Wheeler

 

SYNOPSIS AS INTRODUCED:
 
230 ILCS 15/0.01  from Ch. 85, par. 2300
230 ILCS 15/1  from Ch. 85, par. 2301
230 ILCS 15/2  from Ch. 85, par. 2302
230 ILCS 15/5  from Ch. 85, par. 2305
230 ILCS 15/6  from Ch. 85, par. 2306

    Amends the Raffles and Poker Runs Act. Redefines "poker run". Allows bona fide not-for-profit organizations to be licensed to hold poker runs. Provides that the governing body of any county shall (rather than may) establish a system for the licensing of organizations to operate poker runs. Makes changes concerning which organizations shall be issued poker run licenses under the Act and the purposes for these licenses. Removes the requirement that poker runs by an organization be under the supervision of a single manager designated by the organization and associated bond requirements. Makes changes in provisions concerning records. Makes other changes. Effective immediately.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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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 Raffles and Poker Runs Act is amended by
5changing Sections 0.01, 1, 2, 5, and 6 as follows:
 
6    (230 ILCS 15/0.01)  (from Ch. 85, par. 2300)
7    Sec. 0.01. Short title. This Act may be cited as the
8Raffles and Poker Runs Act.
9(Source: P.A. 98-644, eff. 6-10-14.)
 
10    (230 ILCS 15/1)  (from Ch. 85, par. 2301)
11    Sec. 1. Definitions. For the purposes of this Act the terms
12defined in this Section have the meanings given them.
13    "Net proceeds" means the gross receipts from the conduct of
14raffles, less reasonable sums expended for prizes, local
15license fees and other reasonable operating expenses incurred
16as a result of operating a raffle or poker run.
17    "Key location" means the location where the poker run
18concludes and the prize or prizes are awarded.
19    "Poker run" means a prize-awarding an event organized by an
20organization licensed under this Act in which participants
21travel to multiple predetermined locations, including a key
22location, to play a randomized game based on an element of

 

 

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1chance drawing a playing card or equivalent item at each
2location, in order to assemble a facsimile of a poker hand or
3other numeric score. "Poker run" includes dice runs, marble
4runs, or other events where the objective is to build the best
5hand or highest score by obtaining an item or playing a
6randomized game at each location.
7    "Raffle" means a form of lottery, as defined in Section
828-2(b) of the Criminal Code of 2012, conducted by an
9organization licensed under this Act, in which:
10        (1) the player pays or agrees to pay something of value
11    for a chance, represented and differentiated by a number or
12    by a combination of numbers or by some other medium, one or
13    more of which chances is to be designated the winning
14    chance;
15        (2) the winning chance is to be determined through a
16    drawing or by some other method based on an element of
17    chance by an act or set of acts on the part of persons
18    conducting or connected with the lottery, except that the
19    winning chance shall not be determined by the outcome of a
20    publicly exhibited sporting contest.
21(Source: P.A. 97-1150, eff. 1-25-13; 98-644, eff. 6-10-14.)
 
22    (230 ILCS 15/2)  (from Ch. 85, par. 2302)
23    Sec. 2. Licensing.
24    (a) The governing body of any county or municipality within
25this State may establish a system for the licensing of

 

 

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1organizations to operate raffles. The governing bodies of a
2county and one or more municipalities may, pursuant to a
3written contract, jointly establish a system for the licensing
4of organizations to operate raffles within any area of
5contiguous territory not contained within the corporate limits
6of a municipality which is not a party to such contract. The
7governing bodies of two or more adjacent counties or two or
8more adjacent municipalities located within a county may,
9pursuant to a written contract, jointly establish a system for
10the licensing of organizations to operate raffles within the
11corporate limits of such counties or municipalities. The
12licensing authority may establish special categories of
13licenses and promulgate rules relating to the various
14categories. The licensing system shall provide for limitations
15upon (1) the aggregate retail value of all prizes or
16merchandise awarded by a licensee in a single raffle, (2) the
17maximum retail value of each prize awarded by a licensee in a
18single raffle, (3) the maximum price which may be charged for
19each raffle chance issued or sold and (4) the maximum number of
20days during which chances may be issued or sold. The licensing
21system may include a fee for each license in an amount to be
22determined by the local governing body. Licenses issued
23pursuant to this Act shall be valid for one raffle or for a
24specified number of raffles to be conducted during a specified
25period not to exceed one year and may be suspended or revoked
26for any violation of this Act. A local governing body shall act

 

 

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1on a license application within 30 days from the date of
2application. Nothing in this Act shall be construed to prohibit
3a county or municipality from adopting rules or ordinances for
4the operation of raffles that are more restrictive than
5provided for in this Act. The governing body of a municipality
6may authorize the sale of raffle chances only within the
7borders of the municipality. The governing body of the county
8may authorize the sale of raffle chances only in those areas
9which are both within the borders of the county and outside the
10borders of any municipality.
11    (a-5) The governing body of any county within this State
12shall may establish a system for the licensing of organizations
13to operate poker runs. The governing bodies of 2 or more
14adjacent counties may, pursuant to a written contract, jointly
15establish a system for the licensing of organizations to
16operate poker runs within the corporate limits of such
17counties. The licensing authority may establish special
18categories of licenses and adopt rules relating to the various
19categories. The licensing system may include a fee not to
20exceed $25 for each license. Licenses issued pursuant to this
21Act shall be valid for one poker run or for a specified number
22of poker runs to be conducted during a specified period not to
23exceed one year and may be suspended or revoked for any
24violation of this Act. A local governing body shall act on a
25license application within 30 days after the date of
26application.

 

 

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1    (b) Raffle licenses Licenses shall be issued only to bona
2fide religious, charitable, labor, business, fraternal,
3educational or veterans' organizations that operate without
4profit to their members and which have been in existence
5continuously for a period of 5 years immediately before making
6application for a raffle license and which have had during that
7entire 5-year 5 year period a bona fide membership engaged in
8carrying out their objects, or to a non-profit fundraising
9organization that the licensing authority determines is
10organized for the sole purpose of providing financial
11assistance to an identified individual or group of individuals
12suffering extreme financial hardship as the result of an
13illness, disability, accident or disaster. Poker run licenses
14shall be issued only to bona fide religious, charitable, labor,
15business, fraternal, educational, veterans', or other bona
16fide not-for-profit organizations that operate without profit
17to their members and which have been in existence continuously
18for a period of 5 years immediately before making application
19for a poker run license and which have had during that entire
205-year period a bona fide membership engaged in carrying out
21their objects. Licenses for poker runs shall be issued for the
22following purposes: (i) providing financial assistance to an
23identified individual or group of individuals suffering
24extreme financial hardship as the result of an illness,
25disability, accident, or disaster or (ii) to maintain the
26financial stability of the organization. A licensing authority

 

 

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1may waive the 5-year requirement under this subsection (b) for
2a bona fide religious, charitable, labor, business, fraternal,
3educational, or veterans' organization that applies for a
4license to conduct a poker run if the organization is a local
5organization that is affiliated with and chartered by a
6national or State organization that meets the 5-year
7requirement.
8    For purposes of this Act, the following definitions apply.
9Non-profit: An organization or institution organized and
10conducted on a not-for-profit basis with no personal profit
11inuring to any one as a result of the operation. Charitable: An
12organization or institution organized and operated to benefit
13an indefinite number of the public. The service rendered to
14those eligible for benefits must also confer some benefit on
15the public. Educational: An organization or institution
16organized and operated to provide systematic instruction in
17useful branches of learning by methods common to schools and
18institutions of learning which compare favorably in their scope
19and intensity with the course of study presented in
20tax-supported schools. Religious: Any church, congregation,
21society, or organization founded for the purpose of religious
22worship. Fraternal: An organization of persons having a common
23interest, the primary interest of which is to both promote the
24welfare of its members and to provide assistance to the general
25public in such a way as to lessen the burdens of government by
26caring for those that otherwise would be cared for by the

 

 

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1government. Veterans: An organization or association comprised
2of members of which substantially all are individuals who are
3veterans or spouses, widows, or widowers of veterans, the
4primary purpose of which is to promote the welfare of its
5members and to provide assistance to the general public in such
6a way as to confer a public benefit. Labor: An organization
7composed of workers organized with the objective of betterment
8of the conditions of those engaged in such pursuit and the
9development of a higher degree of efficiency in their
10respective occupations. Business: A voluntary organization
11composed of individuals and businesses who have joined together
12to advance the commercial, financial, industrial and civic
13interests of a community.
14    (c) Poker runs shall be licensed by the county governing
15body with jurisdiction over the key location. The license
16granted by the key location shall cover the entire poker run,
17including locations other than the key location. Each license
18issued shall include the name and address of each predetermined
19location.
20(Source: P.A. 98-644, eff. 6-10-14.)
 
21    (230 ILCS 15/5)  (from Ch. 85, par. 2305)
22    Sec. 5. Manager; bond. All operation of and the conduct of
23raffles and poker runs shall be under the supervision of a
24single manager designated by the organization. The manager
25shall give a fidelity bond in an amount determined by the

 

 

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1licensing authority in favor of the organization conditioned
2upon his honesty in the performance of his duties. Terms of the
3bond shall provide that notice shall be given in writing to the
4licensing authority not less than 30 days prior to its
5cancellation. The governing body of a local unit of government
6may waive this bond requirement by including a waiver provision
7in the license issued to an organization under this Act,
8provided that a license containing such waiver provision shall
9be granted only by unanimous vote of the members of the
10licensed organization. Nothing in this Section shall be deemed
11to apply to poker runs.
12(Source: P.A. 98-644, eff. 6-10-14.)
 
13    (230 ILCS 15/6)  (from Ch. 85, par. 2306)
14    Sec. 6. Records.
15    (a) Each organization licensed to conduct raffles and
16chances or poker run events shall keep records of its gross
17receipts, expenses and net proceeds for each single gathering
18or occasion at which winning chances in a raffle or winning
19hands or scores in a poker run are determined. All deductions
20from gross receipts for each single gathering or occasion shall
21be documented with receipts or other records indicating the
22amount, a description of the purchased item or service or other
23reason for the deduction, and the recipient. The distribution
24of net proceeds shall be itemized as to payee, purpose, amount
25and date of payment.

 

 

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1    (b) Gross receipts from the operation of raffles programs
2or poker runs shall be segregated from other revenues of the
3organization, including bingo gross receipts, if bingo games
4are also conducted by the same nonprofit organization pursuant
5to license therefor issued by the Department of Revenue of the
6State of Illinois, and placed in a separate account. Each
7organization shall have separate records of its raffles and
8poker runs. The person who accounts for gross receipts,
9expenses and net proceeds from the operation of raffles or
10poker runs shall not be the same person who accounts for other
11revenues of the organization.
12    (c) Each organization licensed to conduct raffles or poker
13runs or poker runs shall report promptly after the conclusion
14of each raffle or poker runs or poker run to its membership.
15Each organization licensed to conduct raffles shall report
16promptly , and to the licensing local unit of government, its
17gross receipts, expenses and net proceeds from the raffle
18raffles or poker runs, and the distribution of net proceeds
19itemized as required in this Section.
20    (d) Records required by this Section shall be preserved for
213 years, and organizations shall make available their records
22relating to operation of raffles or poker runs for public
23inspection at reasonable times and places.
24(Source: P.A. 98-644, eff. 6-10-14.)
 
25    Section 99. Effective date. This Act takes effect upon
26becoming law.