Full Text of HB4283 93rd General Assembly
HB4283sam002 93RD GENERAL ASSEMBLY
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Sen. George P. Shadid
Filed: 5/5/2004
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LRB093 18614 LRD 50529 a |
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| AMENDMENT TO HOUSE BILL 4283
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| AMENDMENT NO. ______. Amend House Bill 4283, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Raffles Act is amended by adding Section | 6 |
| 8.2 as follows: | 7 |
| (230 ILCS 15/8.2 new)
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| 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 |
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| 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.
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| (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 |
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| application within 30 days after the Department receives the | 2 |
| application, fee, and written determination from the host | 3 |
| county required under subsection (b).
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| (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.
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| (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.
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| (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.
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| Section 99. Effective date. This Act takes effect upon | 21 |
| becoming law.".
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