Full Text of HB3538 99th General Assembly
HB3538enr 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning gaming.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Raffles and Poker Runs Act is amended by | 5 | | changing 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
| 8 | | Raffles 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 | 12 | | defined
in this Section have the meanings given them.
| 13 | | "Net proceeds" means the gross receipts from the conduct of | 14 | | raffles, less
reasonable sums expended for prizes, local | 15 | | license fees and other reasonable
operating expenses incurred | 16 | | as a result of operating a raffle or poker run.
| 17 | | "Key location" means the location where the poker run | 18 | | concludes and the prize or prizes are awarded. | 19 | | "Poker run" means a prize-awarding an event organized by an | 20 | | organization licensed under this Act in which participants | 21 | | travel to multiple predetermined locations, including a key | 22 | | location, to play a randomized game based on an element of |
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| 1 | | chance drawing a playing card or equivalent item at each | 2 | | location, in order to assemble a facsimile of a poker hand or | 3 | | other numeric score . "Poker run" includes dice runs, marble | 4 | | runs, or other events where the objective is to build the best | 5 | | hand or highest score by obtaining an item or playing a | 6 | | randomized game at each location. | 7 | | "Raffle" means a form of lottery, as defined in Section | 8 | | 28-2(b) of the
Criminal Code of 2012, conducted by an | 9 | | organization 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 | 25 | | this State may establish a system for the licensing of |
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| 1 | | organizations
to operate raffles. The governing bodies of a | 2 | | county and one or more
municipalities may, pursuant to a | 3 | | written contract, jointly establish a
system for the licensing | 4 | | of organizations to operate raffles within any
area of | 5 | | contiguous territory not contained within the corporate limits | 6 | | of a
municipality which is not a party to such contract. The | 7 | | governing bodies
of two or more adjacent counties or two or | 8 | | more adjacent municipalities
located within a county may, | 9 | | pursuant to a written contract, jointly
establish a system for | 10 | | the licensing of organizations to operate raffles
within the | 11 | | corporate limits of such counties or municipalities. The
| 12 | | licensing authority may establish special categories of | 13 | | licenses and
promulgate rules relating to the various | 14 | | categories. The licensing system
shall provide for limitations | 15 | | upon (1) the aggregate retail value of all
prizes or | 16 | | merchandise awarded by a licensee in a single raffle, (2) the
| 17 | | maximum retail value of each prize awarded by a licensee in a | 18 | | single raffle,
(3) the maximum price which may be charged for | 19 | | each raffle chance issued
or sold and (4) the maximum number of | 20 | | days during which chances may be issued
or sold. The licensing | 21 | | system may include a fee for each license in an
amount to be | 22 | | determined by the local governing body. Licenses issued | 23 | | pursuant
to this Act shall be valid for one raffle or for a | 24 | | specified number of
raffles to be conducted during a specified | 25 | | period not to exceed one year
and may be suspended or revoked
| 26 | | for any violation of this Act. A local governing body shall act |
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| 1 | | on a license
application within 30 days from the date of | 2 | | application. Nothing in this
Act shall be construed to prohibit | 3 | | a county or municipality from adopting
rules or ordinances for | 4 | | the operation of raffles that are more restrictive
than | 5 | | provided for in this Act. The governing body of a municipality | 6 | | may
authorize the sale of raffle chances only within the | 7 | | borders of the
municipality. The governing body of the county | 8 | | may authorize the sale of
raffle chances only in those areas | 9 | | which are both within the borders of the
county and outside the | 10 | | borders of any municipality.
| 11 | | (a-5) The governing body of Cook County may and any other | 12 | | county within this State shall may establish a system for the | 13 | | licensing of organizations to operate poker runs. The governing | 14 | | bodies of 2 or more adjacent counties may, pursuant to a | 15 | | written contract, jointly establish a system for the licensing | 16 | | of organizations to operate poker runs within the corporate | 17 | | limits of such counties. The licensing authority may establish | 18 | | special categories of licenses and adopt rules relating to the | 19 | | various categories. The licensing system may include a fee not | 20 | | to exceed $25 for each license. Licenses issued pursuant to | 21 | | this Act shall be valid for one poker run or for a specified | 22 | | number of poker runs to be conducted during a specified period | 23 | | not to exceed one year and may be suspended or revoked for any | 24 | | violation of this Act. A local governing body shall act on a | 25 | | license application within 30 days after the date of | 26 | | application. |
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| 1 | | (b) Raffle licenses Licenses shall be issued only to bona | 2 | | fide religious, charitable,
labor, business, fraternal, | 3 | | educational or veterans' organizations that
operate without | 4 | | profit to their members and which have been in existence
| 5 | | continuously for a period of 5 years immediately before making | 6 | | application
for a raffle license and which have had during that | 7 | | entire 5-year 5 year period a bona
fide membership engaged in | 8 | | carrying out their objects, or to a non-profit
fundraising | 9 | | organization that the licensing authority determines is
| 10 | | organized for the sole purpose of providing financial | 11 | | assistance to an
identified individual or group of individuals | 12 | | suffering extreme financial
hardship as the result of an | 13 | | illness, disability, accident or disaster. Poker run licenses | 14 | | shall be issued only to bona fide religious, charitable, labor, | 15 | | business, fraternal, educational, veterans', or other bona | 16 | | fide not-for-profit organizations that operate without profit | 17 | | to their members and which have been in existence continuously | 18 | | for a period of 5 years immediately before making application | 19 | | for a poker run license and which have had during that entire | 20 | | 5-year period a bona fide membership engaged in carrying out | 21 | | their objects. Licenses for poker runs shall be issued for the | 22 | | following purposes: (i) providing financial assistance to an | 23 | | identified individual or group of individuals suffering | 24 | | extreme financial hardship as the result of an illness, | 25 | | disability, accident, or disaster or (ii) to maintain the | 26 | | financial stability of the organization. A licensing authority |
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| 1 | | may waive the 5-year requirement under this subsection (b) for | 2 | | a bona fide religious, charitable, labor, business, fraternal, | 3 | | educational, or veterans' organization that applies for a | 4 | | license to conduct a poker run if the organization is a local | 5 | | organization that is affiliated with and chartered by a | 6 | | national or State organization that meets the 5-year | 7 | | requirement.
| 8 | | For purposes of this Act, the following definitions apply. | 9 | | Non-profit:
An organization or institution organized and | 10 | | conducted on a not-for-profit
basis with no personal profit | 11 | | inuring to any one as a result of the operation.
Charitable: An | 12 | | organization or institution organized and operated to benefit
| 13 | | an indefinite number of the public. The service rendered to | 14 | | those eligible
for benefits must also confer some benefit on | 15 | | the public. Educational:
An organization or institution | 16 | | organized and operated to provide systematic
instruction in | 17 | | useful branches of learning by methods common to schools
and | 18 | | institutions of learning which compare favorably in their scope | 19 | | and
intensity with the course of study presented in | 20 | | tax-supported schools.
Religious: Any church, congregation, | 21 | | society, or organization founded for
the purpose of religious | 22 | | worship. Fraternal: An organization of persons
having a common | 23 | | interest, the primary interest of which is to both promote
the | 24 | | welfare of its members and to provide assistance to the general | 25 | | public
in such a way as to lessen the burdens of government by | 26 | | caring for those
that otherwise would be cared for by the |
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| 1 | | government. Veterans: An organization
or association comprised | 2 | | of members of which substantially all are individuals
who are | 3 | | veterans or spouses, widows, or widowers of veterans, the | 4 | | primary
purpose of which is to promote the welfare of its | 5 | | members and to provide
assistance to the general public in such | 6 | | a way as to confer a public benefit.
Labor: An organization | 7 | | composed of workers organized with the objective
of betterment | 8 | | of the conditions of those engaged in such pursuit and the
| 9 | | development of a higher degree of efficiency in their | 10 | | respective occupations.
Business: A voluntary organization | 11 | | composed of individuals and businesses
who have joined together | 12 | | to advance the commercial, financial, industrial
and civic | 13 | | interests of a community.
| 14 | | (c) Poker runs shall be licensed by the county governing | 15 | | body with jurisdiction over the key location. The license | 16 | | granted by the key location shall cover the entire poker run, | 17 | | including locations other than the key location. Each license | 18 | | issued shall include the name and address of each predetermined | 19 | | location. | 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 | 23 | | raffles and poker runs shall be under the supervision of a | 24 | | single manager
designated by the organization. The manager | 25 | | shall give a fidelity bond in an
amount determined by the |
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| 1 | | licensing authority in favor of the
organization conditioned | 2 | | upon his honesty in the performance of his duties.
Terms of the | 3 | | bond shall provide that notice shall be given in writing to the
| 4 | | licensing authority not less than 30 days prior to its | 5 | | cancellation. The
governing body of a local unit of government | 6 | | may waive this bond requirement by
including a waiver provision | 7 | | in the license issued to an organization under
this Act, | 8 | | provided that a license containing such waiver provision shall | 9 | | be
granted only by unanimous vote of the members of the | 10 | | licensed organization. Nothing in this Section shall be deemed | 11 | | to 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
| 16 | | chances or poker run events shall keep records of its gross | 17 | | receipts, expenses and net proceeds
for each single gathering | 18 | | or occasion at which winning chances in a raffle or winning | 19 | | hands or scores in a poker run are determined.
All deductions | 20 | | from gross receipts for each single gathering or occasion
shall | 21 | | be documented with receipts or other records indicating the | 22 | | amount,
a description of the purchased item or service or other | 23 | | reason for the deduction,
and the recipient. The distribution | 24 | | of net proceeds shall be itemized as
to payee, purpose, amount | 25 | | and date of payment.
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| 1 | | (b) Gross receipts from the operation of raffles programs | 2 | | or poker runs shall be segregated
from other revenues of the | 3 | | organization, including bingo gross receipts,
if bingo games | 4 | | are also conducted by the same nonprofit organization pursuant
| 5 | | to license therefor issued by the Department of Revenue of the | 6 | | State of
Illinois, and placed in a separate account. Each | 7 | | organization shall have
separate records of its raffles and | 8 | | poker runs. The person who accounts for gross receipts,
| 9 | | expenses and net proceeds from the operation of raffles or | 10 | | poker runs shall not be the
same person who accounts for other | 11 | | revenues of the organization.
| 12 | | (c) Each organization licensed to conduct raffles or poker | 13 | | runs or poker runs shall report promptly
after the conclusion | 14 | | of each raffle or poker runs or poker run
to its membership . | 15 | | Each organization licensed to conduct raffles shall report | 16 | | promptly , and to the licensing local unit of government , its | 17 | | gross
receipts, expenses and net proceeds from the raffle | 18 | | raffles or poker runs , and the distribution of
net proceeds | 19 | | itemized as required in this Section.
| 20 | | (d) Records required by this Section shall be preserved for | 21 | | 3 years, and
organizations shall make available their records | 22 | | relating to operation of
raffles or poker runs for public | 23 | | inspection 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 | 26 | | becoming law.
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