Full Text of HB2947 102nd General Assembly
HB2947sam002 102ND GENERAL ASSEMBLY | Sen. Antonio Muñoz Filed: 6/15/2021
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| 1 | | AMENDMENT TO HOUSE BILL 2947
| 2 | | AMENDMENT NO. ______. Amend House Bill 2947, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Raffles and Poker Runs Act is amended by | 6 | | changing Sections 1 and 2 as follows:
| 7 | | (230 ILCS 15/1) (from Ch. 85, par. 2301)
| 8 | | Sec. 1. Definitions. For the purposes of this Act the | 9 | | terms defined
in this Section have the meanings given them.
| 10 | | "Fire protection agency" means: (1) an agency of this | 11 | | State, unit of local government, or intergovernmental mutual | 12 | | aid entity that is vested by law or intergovernmental | 13 | | agreement with the duty and authority to provide public fire | 14 | | suppression, rescue, or emergency medical services; or (2) an | 15 | | organization that provides support or assistance to an agency | 16 | | of this State, unit of local government, or intergovernmental |
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| 1 | | mutual aid entity that is vested by law or intergovernmental | 2 | | agreement with the duty and authority to provide public fire | 3 | | suppression, rescue, or emergency medical services. | 4 | | "Key location" means: | 5 | | (1) For a poker run, the location where the poker run | 6 | | concludes and the prizes are awarded. | 7 | | (2) For a raffle, the location where the winning | 8 | | chances in the raffle are determined. | 9 | | "Law enforcement agency" means an agency of this State or | 10 | | a unit of local government in this State that is vested by law | 11 | | or ordinance with the duty to maintain public order and to | 12 | | enforce criminal laws or ordinances. | 13 | | "Net proceeds" means the gross receipts from the conduct | 14 | | of raffles, less
reasonable sums expended for prizes, local | 15 | | license fees and other
operating expenses incurred as a result | 16 | | of operating a raffle or poker run.
| 17 | | "Poker run" means a prize-awarding event organized by an | 18 | | organization licensed under this Act in which participants | 19 | | travel to multiple predetermined locations, including a key | 20 | | location, to play a randomized game based on an element of | 21 | | chance. "Poker run" includes dice runs, marble runs, or other | 22 | | events where the objective is to build the best hand or highest | 23 | | score by obtaining an item or playing a randomized game at each | 24 | | location. | 25 | | "Raffle" means a form of lottery, as defined in subsection | 26 | | (b) of Section 28-2 of the
Criminal Code of 2012, conducted by |
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| 1 | | an organization licensed under this Act, in which:
| 2 | | (1) the player pays or agrees to pay something of | 3 | | value for a chance,
represented and differentiated by a | 4 | | number or by a combination of numbers
or by some other | 5 | | medium, one or more of which chances is to be designated
| 6 | | the winning chance; and
| 7 | | (2) the winning chance is to be determined through a | 8 | | drawing or by some
other method based on an element of | 9 | | chance by an act or set of acts on the
part of persons | 10 | | conducting or connected with the lottery, except that the
| 11 | | winning chance shall not be determined by the outcome of a | 12 | | publicly exhibited
sporting contest.
| 13 | | "Raffle" does not include any game designed to simulate: | 14 | | (1) gambling games as defined in the Illinois Riverboat | 15 | | Gambling Act, (2) any casino game approved for play by the | 16 | | Illinois Gaming Board, (3) any games provided by a video | 17 | | gaming terminal, as defined in the Video Gaming Act, or (4) a | 18 | | savings promotion raffle authorized under Section 5g of the | 19 | | Illinois Banking Act, Section 7008 of the Savings Bank Act, | 20 | | Section 42.7 of the Illinois Credit Union Act, Section 5136B | 21 | | of the National Bank Act, or Section 4 of the Home Owners' Loan | 22 | | Act. | 23 | | (Source: P.A. 101-109, eff. 7-19-19; revised 12-9-19.)
| 24 | | (230 ILCS 15/2) (from Ch. 85, par. 2302)
| 25 | | Sec. 2. Licensing. |
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| 1 | | (a) The governing body of any county or municipality
| 2 | | within this State may establish a system for the licensing of | 3 | | organizations
to operate raffles. The governing bodies of a | 4 | | county and one or more
municipalities may, pursuant to a | 5 | | written contract, jointly establish a
system for the licensing | 6 | | of organizations to operate raffles within any
area of | 7 | | contiguous territory not contained within the corporate limits | 8 | | of a
municipality which is not a party to such contract. The | 9 | | governing bodies
of two or more adjacent counties or two or | 10 | | more adjacent municipalities
located within a county may, | 11 | | pursuant to a written contract, jointly
establish a system for | 12 | | the licensing of organizations to operate raffles
within the | 13 | | corporate limits of such counties or municipalities. The
| 14 | | licensing authority may establish special categories of | 15 | | licenses and
promulgate rules relating to the various | 16 | | categories. The licensing system
shall provide for limitations | 17 | | upon (1) the aggregate retail value of all
prizes or | 18 | | merchandise awarded by a licensee in a single raffle, if any, | 19 | | (2) the
maximum retail value of each prize awarded by a | 20 | | licensee in a single raffle, if any,
(3) the maximum price | 21 | | which may be charged for each raffle chance issued
or sold, if | 22 | | any , and (4) the maximum number of days during which chances | 23 | | may be issued
or sold, if any. The licensing system may include | 24 | | a fee for each license in an
amount to be determined by the | 25 | | local governing body. Licenses issued pursuant
to this Act | 26 | | shall be valid for one raffle or for a specified number of
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| 1 | | raffles to be conducted during a specified period not to | 2 | | exceed one year
and may be suspended or revoked
for any | 3 | | violation of this Act. A local governing body shall act on a | 4 | | license
application within 30 days from the date of | 5 | | application. A county or municipality may adopt
rules or | 6 | | ordinances for the operation of raffles that are consistent | 7 | | with this Act. Raffles shall be licensed by the governing body | 8 | | of the municipality with jurisdiction over the key location | 9 | | or, if no municipality has jurisdiction over the key location, | 10 | | then by the governing body of the county with jurisdiction | 11 | | over the key location. A license shall authorize the holder of | 12 | | such license to sell raffle chances throughout the State, | 13 | | including beyond the borders of the licensing municipality or | 14 | | county.
| 15 | | (a-5) The governing body of Cook County may and any other | 16 | | county within this State shall establish a system for the | 17 | | licensing of organizations to operate poker runs. The | 18 | | governing bodies of 2 or more adjacent counties may, pursuant | 19 | | to a written contract, jointly establish a system for the | 20 | | licensing of organizations to operate poker runs within the | 21 | | corporate limits of such counties. The licensing authority may | 22 | | establish special categories of licenses and adopt rules | 23 | | relating to the various categories. The licensing system may | 24 | | include a fee not to exceed $25 for each license. Licenses | 25 | | issued pursuant to this Act shall be valid for one poker run or | 26 | | for a specified number of poker runs to be conducted during a |
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| 1 | | specified period not to exceed one year and may be suspended or | 2 | | revoked for any violation of this Act. A local governing body | 3 | | shall act on a license application within 30 days after the | 4 | | date of application. | 5 | | (b) Raffle licenses shall be issued only : (1) to bona fide | 6 | | religious, charitable,
labor, business, fraternal, | 7 | | educational, veterans', or other bona fide not-for-profit | 8 | | organizations that
operate without profit to their members and | 9 | | which have been in existence
continuously for a period of 5 | 10 | | years immediately before making application
for a raffle | 11 | | license and which have during that entire 5-year period been | 12 | | engaged in carrying out their objects, (2) or to a non-profit
| 13 | | fundraising organization that the licensing authority | 14 | | determines is
organized for the sole purpose of providing | 15 | | financial assistance to an
identified individual or group of | 16 | | individuals suffering extreme financial
hardship as the result | 17 | | of an illness, disability, accident , or disaster, (3) or to | 18 | | any law enforcement agencies and associations that represent | 19 | | law enforcement officials , or (4) to any fire protection | 20 | | agencies and associations that represent fire protection | 21 | | officials . Poker run licenses shall be issued only to bona | 22 | | fide religious, charitable, labor, business, fraternal, | 23 | | educational, veterans', or other bona fide not-for-profit | 24 | | organizations that operate without profit to their members and | 25 | | which have been in existence continuously for a period of 5 | 26 | | years immediately before making application for a poker run |
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| 1 | | license and which have during that entire 5-year period been | 2 | | engaged in carrying out their objects. Licenses for poker runs | 3 | | shall be issued for the following purposes: (i) providing | 4 | | financial assistance to an identified individual or group of | 5 | | individuals suffering extreme financial hardship as the result | 6 | | of an illness, disability, accident, or disaster or (ii) to | 7 | | maintain the financial stability of the organization. A | 8 | | licensing authority may waive the 5-year requirement under | 9 | | this subsection (b) for a bona fide religious, charitable, | 10 | | labor, business, fraternal, educational, or veterans' | 11 | | organization that applies for a license to conduct a raffle or | 12 | | a poker run if the organization is a local organization that is | 13 | | affiliated with and chartered by a national or State | 14 | | organization that meets the 5-year requirement.
| 15 | | For purposes of this Act, the following definitions apply. | 16 | | Non-profit:
An organization or institution organized and | 17 | | conducted on a not-for-profit
basis with no personal profit | 18 | | inuring to any one as a result of the operation.
Charitable: An | 19 | | organization or institution organized and operated to benefit
| 20 | | an indefinite number of the public. The service rendered to | 21 | | those eligible
for benefits must also confer some benefit on | 22 | | the public. Educational:
An organization or institution | 23 | | organized and operated to provide systematic
instruction in | 24 | | useful branches of learning by methods common to schools
and | 25 | | institutions of learning which compare favorably in their | 26 | | scope and
intensity with the course of study presented in |
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| 1 | | tax-supported schools.
Religious: Any church, congregation, | 2 | | society, or organization founded for
the purpose of religious | 3 | | worship. Fraternal: An organization of persons
having a common | 4 | | interest, the primary interest of which is to both promote
the | 5 | | welfare of its members and to provide assistance to the | 6 | | general public
in such a way as to lessen the burdens of | 7 | | government by caring for those
that otherwise would be cared | 8 | | for by the government. Veterans: An organization
or | 9 | | association comprised of members of which substantially all | 10 | | are individuals
who are veterans or spouses, widows, or | 11 | | widowers of veterans, the primary
purpose of which is to | 12 | | promote the welfare of its members and to provide
assistance | 13 | | to the general public in such a way as to confer a public | 14 | | benefit.
Labor: An organization composed of workers organized | 15 | | with the objective
of betterment of the conditions of those | 16 | | engaged in such pursuit and the
development of a higher degree | 17 | | of efficiency in their respective occupations.
Business: A | 18 | | voluntary organization composed of individuals and businesses
| 19 | | who have joined together to advance the commercial, financial, | 20 | | industrial
and civic interests of a community.
| 21 | | (Source: P.A. 100-201, eff. 8-18-17; 101-109, eff. 7-19-19; | 22 | | 101-360, eff. 1-1-20; revised 9-9-19.)".
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