Full Text of HB4494 102nd General Assembly
HB4494 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB4494 Introduced 1/21/2022, by Rep. Michael J. Zalewski SYNOPSIS AS INTRODUCED: |
| 230 ILCS 15/7 | from Ch. 85, par. 2307 | 230 ILCS 15/8.1 | from Ch. 85, par. 2308.1 |
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Amends the Raffles and Poker Runs Act. Removes language concerning the ineligibility of certain political committees from receiving a license to conduct raffles. Provides that a violation of provisions concerning political committees is punishable by a specified fine imposed by the State Board of Elections (rather than a Class C misdemeanor). Makes conforming changes.
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| | A BILL FOR |
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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 7 and 8.1 as follows:
| 6 | | (230 ILCS 15/7) (from Ch. 85, par. 2307)
| 7 | | Sec. 7. Sentence. ) Except as otherwise provided in this | 8 | | Act, violation Violation of any provision of this Act is a | 9 | | Class
C misdemeanor.
| 10 | | (Source: P.A. 81-1365.)
| 11 | | (230 ILCS 15/8.1) (from Ch. 85, par. 2308.1)
| 12 | | Sec. 8.1. Political committees. | 13 | | (a) For the purposes of this Section ,
the terms defined in | 14 | | this subsection have the meanings given them.
| 15 | | "Net proceeds" means the gross receipts from the conduct | 16 | | of raffles, less
reasonable sums expended for prizes, license | 17 | | fees , and other reasonable
operating expenses incurred as a | 18 | | result of operating a raffle.
| 19 | | "Raffle" means a form of lottery, as defined in Section | 20 | | 28-2(b) of the
Criminal Code of 2012, conducted by a political | 21 | | committee licensed under
this Section, in which:
| 22 | | (1) the player pays or agrees to pay something of |
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| 1 | | value for a chance,
represented and differentiated by a | 2 | | number or by a combination of numbers
or by some other | 3 | | medium, one or more of which chances are is to be | 4 | | designated
the winning chance; and
| 5 | | (2) the winning chance is to be determined through a | 6 | | drawing or by some
other method based on an element of | 7 | | chance by an act or set of acts on the
part of persons | 8 | | conducting or connected with the lottery, except that the
| 9 | | winning chance shall not be determined by the outcome of a | 10 | | publicly exhibited
sporting contest.
| 11 | | "Unresolved claim" means a claim for a civil penalty under | 12 | | Sections
9-3, 9-10, and 9-23
of the Election Code which has | 13 | | been begun by the State Board of Elections,
has been disputed | 14 | | by the political committee under the applicable rules of
the | 15 | | State Board of Elections, and has not been finally decided | 16 | | either by
the State Board of Elections, or, where application | 17 | | for review has been
made to the courts of Illinois, remains | 18 | | finally undecided by the courts.
| 19 | | "Owes" means that a political committee has been finally | 20 | | determined under
applicable rules of the State Board of | 21 | | Elections to be liable for a civil
penalty under Sections
9-3, | 22 | | 9-10, and 9-23 of the Election
Code.
| 23 | | (b) Licenses issued pursuant to this Section shall be | 24 | | valid for one
raffle or for a specified number of raffles to be | 25 | | conducted during a
specified period not to exceed one year and | 26 | | may be suspended or revoked for
any violation of this Section. |
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| 1 | | The State Board of Elections shall act on a
license | 2 | | application within 30 days from the date of application.
| 3 | | (c) Licenses issued by the State Board of Elections are
| 4 | | subject to the following restrictions:
| 5 | | (1) No political committee shall conduct raffles or | 6 | | chances without
having first obtained a license therefor | 7 | | pursuant to this Section.
| 8 | | (2) The application for license shall be prepared in | 9 | | accordance with
regulations of the State Board of | 10 | | Elections
and must specify the area or
areas within the | 11 | | State in which raffle chances will be sold or issued, the
| 12 | | time period during which raffle chances will be sold or | 13 | | issued, the time of
determination of winning chances , and | 14 | | the location or locations at which
winning chances will be | 15 | | determined.
| 16 | | (3) A license authorizes the licensee to conduct | 17 | | raffles as defined in
this Section.
| 18 | | The following are ineligible for any license under this | 19 | | Section:
| 20 | | (i) any political committee which has an officer | 21 | | who has been
convicted of a felony;
| 22 | | (ii) any political committee which has an officer | 23 | | who is or has been a
professional gambler or gambling | 24 | | promoter;
| 25 | | (iii) any political committee which has an officer | 26 | | who is not of good
moral character;
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| 1 | | (iv) any political committee which has an officer | 2 | | who is also an officer
of a firm or corporation in | 3 | | which a person defined in (i), (ii)or (iii)
has a | 4 | | proprietary, equitable or credit interest, or in which | 5 | | such a person
is active or employed;
| 6 | | (v) any political committee in which a person | 7 | | defined in (i), (ii)or
(iii) is an officer, director, | 8 | | or employee, whether compensated or not;
| 9 | | (vi) any political committee in which a person | 10 | | defined in (i), (ii)or
(iii) is to participate in the | 11 | | management or operation of a raffle as
defined in this | 12 | | Section;
| 13 | | (i) (vii) any committee which, at the time of its | 14 | | application for a
license to conduct a raffle, owes | 15 | | the State Board of Elections any unpaid
civil penalty | 16 | | authorized by Sections
9-3, 9-10, and 9-23 of
the | 17 | | Election Code, or is the
subject of an unresolved | 18 | | claim for a civil penalty under Sections
9-3, 9-10, | 19 | | and 9-23 of
the Election Code;
| 20 | | (ii) (viii) any political committee which, at the | 21 | | time of its application
to conduct a raffle, has not | 22 | | submitted any report or document required to
be filed | 23 | | by Article 9 of the Election Code and such report or | 24 | | document is
more than 10 days overdue.
| 25 | | (d)(1) The conducting of raffles is subject
to the | 26 | | following restrictions:
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| 1 | | (i) The entire net proceeds of any raffle must be | 2 | | exclusively devoted
to the lawful purposes of the | 3 | | political committee permitted to conduct that
game.
| 4 | | (ii) No person except a bona fide member of the | 5 | | political committee
may participate in the management or | 6 | | operation of the raffle.
| 7 | | (iii) No person may receive any remuneration or profit | 8 | | for participating
in the management or operation of the | 9 | | raffle.
| 10 | | (iv) Raffle chances may be sold or issued only within | 11 | | the area specified
on the license and winning chances may | 12 | | be determined only at those locations
specified on the | 13 | | license.
| 14 | | (v) A person under the age of 18 years may participate | 15 | | in the conducting
of raffles or chances only with the | 16 | | permission of a parent or guardian.
A person under the age | 17 | | of 18 years may be within
the area where winning chances | 18 | | are being determined only when accompanied
by his or her | 19 | | parent or guardian.
| 20 | | (2) If a lessor rents a premises where a winning chance or | 21 | | chances on a
raffle are determined, the lessor shall not be | 22 | | criminally liable if the
person who uses the premises for the | 23 | | determining of winning chances does not
hold a license issued | 24 | | under the provisions
of this Section.
| 25 | | (e)(1) Each political committee licensed to conduct | 26 | | raffles and
chances shall keep records of its gross receipts, |
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| 1 | | expenses , and net proceeds
for each single gathering or | 2 | | occasion at which winning chances are determined.
All | 3 | | deductions from gross receipts for each single gathering or | 4 | | occasion
shall be documented with receipts or other records | 5 | | indicating the amount,
a description of the purchased item or | 6 | | service or other reason for the
deduction, and the recipient. | 7 | | The distribution of net proceeds shall be
itemized as to | 8 | | payee, purpose, amount , and date of payment.
| 9 | | (2) Each political committee licensed to conduct raffles | 10 | | shall report
on the next report due to be filed under Article 9 | 11 | | of the Election Code
its gross receipts, expenses , and net | 12 | | proceeds
from raffles, and the distribution of net proceeds | 13 | | itemized as required in
this subsection.
| 14 | | Such reports shall be included in the regular reports | 15 | | required of
political committees by Article 9 of the Election | 16 | | Code.
| 17 | | (3) Records required by this subsection shall be preserved | 18 | | for 3 years,
and political committees shall make available | 19 | | their records relating to the
operation of raffles for public | 20 | | inspection at reasonable times and places.
| 21 | | (f) Violation of any provision of this Section is | 22 | | punishable by a tiered fine of $500 for the first violation, | 23 | | $1,000 for the second violation, and $1,500 for the third and | 24 | | subsequent violations to be imposed by the State Board of | 25 | | Elections a Class
C misdemeanor .
| 26 | | (g) Nothing in this Section shall be construed to |
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| 1 | | authorize the conducting
or operating of any gambling scheme, | 2 | | enterprise, activity , or device other
than raffles as provided | 3 | | for herein.
| 4 | | (Source: P.A. 101-109, eff. 7-19-19; revised 9-20-19.)
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