Full Text of SB3312 98th General Assembly
SB3312 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB3312 Introduced 2/14/2014, by Sen. Gary Forby SYNOPSIS AS INTRODUCED: |
| 230 ILCS 30/3 | from Ch. 120, par. 1123 | 230 ILCS 30/5 | from Ch. 120, par. 1125 |
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Amends the Charitable Games Act. Provides that the Department of Revenue shall issue a charitable games license only for the conduct of a poker run to a non-profit organization that the Department determines is organized for the sole purpose of providing financial assistance to an identified individual or group of individuals suffering extreme financial hardship as a result of an illness, disability, accident, or disaster. Further provides that any organization applying for a license to conduct a poker run shall list the name and address of each predetermined location and that any premises that is listed as a predetermined location of a poker run shall not be required to obtain a providers' license for such poker run so long as the provider does not charge any fee or seek any other compensation for the use of the premises. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Charitable Games Act is amended by changing | 5 | | Sections 3 and 5 as follows:
| 6 | | (230 ILCS 30/3) (from Ch. 120, par. 1123)
| 7 | | Sec. 3. The Department of Revenue shall, upon application | 8 | | therefor
on forms prescribed by the Department, and upon the | 9 | | payment of a nonrefundable
fee of $400 due upon application and | 10 | | each renewal, and upon a determination by the Department that | 11 | | the applicant
meets all of the qualifications specified in this | 12 | | Act, issue a
charitable games license for the conducting of | 13 | | charitable games to any
of the following:
| 14 | | (i) Any local fraternal mutual benefit organization | 15 | | chartered at least
40 years before it applies for a license | 16 | | under this Act.
| 17 | | (ii) Any qualified organization organized in Illinois | 18 | | which operates
without profit to its members, which has | 19 | | been in existence in Illinois
continuously for a period of | 20 | | 5 years immediately before making application for
a license | 21 | | and which has had during that 5 year period a bona fide | 22 | | membership
engaged in carrying out its objects. However, | 23 | | the 5 year requirement shall be
reduced to 2 years, as |
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| 1 | | applied to a local organization which is affiliated with
| 2 | | and chartered by a national organization which meets the 5 | 3 | | year requirement.
The period of existence specified above | 4 | | shall not apply to a qualified
organization, organized for | 5 | | charitable purpose, created by a fraternal
organization | 6 | | that meets the existence requirements if the charitable
| 7 | | organization has the same officers and directors as the | 8 | | fraternal organization.
Only one charitable organization | 9 | | created by a branch lodge or chapter of a
fraternal | 10 | | organization may be licensed under this provision. | 11 | | (iii) A non-profit organization that the Department | 12 | | determines is organized for the sole purpose of providing | 13 | | financial assistance to an identified individual or group | 14 | | of individuals suffering extreme financial hardship as the | 15 | | result of an illness, disability, accident, or disaster. A | 16 | | charitable games license issued under this paragraph shall | 17 | | only be for the conduct of poker runs.
| 18 | | The application shall be signed by a person listed on the | 19 | | application as an owner, officer, or other person in charge of | 20 | | the necessary day-to-day operations of the applicant | 21 | | organization, who shall attest under penalties of perjury that | 22 | | the information contained in the application is true, correct, | 23 | | and complete.
Any organization applying for a license to | 24 | | conduct a poker run shall list the name and address of each | 25 | | predetermined location. | 26 | | Each license shall be in effect for 2 years from its date |
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| 1 | | of
issuance unless extended, suspended, or revoked by | 2 | | Department action before that date.
Any extension shall not | 3 | | exceed one year. The Department may by rule authorize the | 4 | | filing by electronic means of any application, license, permit, | 5 | | return, or registration required under this Act. A licensee may | 6 | | hold only one license. Each license must be applied for at
| 7 | | least 30 days prior to the night or nights the licensee wishes | 8 | | to conduct
such games. The Department may issue a license to a | 9 | | licensee that applies less than 30 days prior to the night or | 10 | | nights the licensee wishes to conduct the games if all other | 11 | | requirements of this Act are met and the Department has | 12 | | sufficient time and resources to issue the license in a timely | 13 | | manner. The Department may provide by rule for an extension of | 14 | | any charitable games license issued under this Act. If a | 15 | | licensee wishes to conduct games at a location other than
the | 16 | | locations originally specified in the license, the licensee | 17 | | shall
notify the Department of the proposed alternate location | 18 | | at least 30 days
before the night on which the licensee wishes | 19 | | to conduct games at the
alternate location. The Department may | 20 | | accept an applicant's change in location with less than 30 | 21 | | days' notice if all other requirements of this Act are met and | 22 | | the Department has sufficient time and resources to process the | 23 | | change in a timely manner.
| 24 | | All taxes and fees imposed by this Act, unless otherwise | 25 | | specified, shall be paid into the Illinois Gaming Law | 26 | | Enforcement Fund of the State Treasury.
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| 1 | | (Source: P.A. 98-377, eff. 1-1-14.)
| 2 | | (230 ILCS 30/5) (from Ch. 120, par. 1125)
| 3 | | Sec. 5. Providers' License. The Department shall issue a | 4 | | providers'
license permitting a person, firm or corporation to | 5 | | provide
premises for the conduct of charitable games. No | 6 | | person, firm or
corporation may rent or otherwise provide | 7 | | premises without having first
obtained a license. Applications | 8 | | for providers' licenses shall be made in writing in accordance | 9 | | with Department rules. The Department shall license providers | 10 | | of charitable games at a nonrefundable annual fee of $50, or | 11 | | nonrefundable triennial license fee of $150. Each providers' | 12 | | license is valid for one year
from the date of issuance, or 3 | 13 | | years from date of issuance for a triennial license, unless | 14 | | extended, suspended,
or revoked by Department action
before
| 15 | | that date. Any premises that is listed as a predetermined | 16 | | location for a poker run shall not be required to obtain a | 17 | | providers' license for such poker run so long as the provider | 18 | | of the premises does not charge any fee or seek any other | 19 | | compensation for the use of the premises. Any extension of a | 20 | | providers' license shall not exceed one year. A provider may | 21 | | receive reasonable compensation for the provision
of the | 22 | | premises. Reasonable expenses shall include only those | 23 | | expenses defined as reasonable by rules adopted by the | 24 | | Department. A provider, other than a
municipality, may not | 25 | | provide
the same premises for conducting more than 12 |
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| 1 | | charitable games nights
per year.
A provider shall not have any | 2 | | interest in any suppliers' business, either
direct or indirect.
| 3 | | A municipality may provide the same premises for conducting 48 | 4 | | charitable
games nights during a 12-month period. No employee, | 5 | | officer, or owner of a
provider may participate in the | 6 | | management or operation of a charitable games
event, even if | 7 | | the employee, officer, or owner is also a member, volunteer, or
| 8 | | employee of the charitable games licensee. A provider may not | 9 | | promote or
solicit a charitable games event on behalf of a | 10 | | charitable games licensee or
qualified organization.
Any | 11 | | qualified organization licensed to conduct a
charitable game | 12 | | need not obtain a providers' license if such games are to
be | 13 | | conducted on the organization's premises.
| 14 | | (Source: P.A. 98-377, eff. 1-1-14.)
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.
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