101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2393

 

Introduced 2/13/2019, by Rep. Charles Meier

 

SYNOPSIS AS INTRODUCED:
 
230 ILCS 15/2  from Ch. 85, par. 2302
230 ILCS 15/3  from Ch. 85, par. 2303

    Amends the Raffles and Poker Runs Act. Provides that a county may pass an ordinance prohibiting the conduct of poker runs within the county's boundaries. Provides that a county that has prohibited poker runs is not required to establish a system for the licensing of organizations to operate poker runs. Provides that a license for a poker run authorizes the licensee to conduct the poker run at locations within the county with jurisdiction over the key location and at locations within any other county that licenses poker runs. Provides that a poker run conducted at locations in multiple counties is only required to be licensed by the county with jurisdiction over the key location. Removes provisions providing that the governing bodies of 2 or more adjacent counties may contract to jointly establish a licensing system for organizations to operate poker runs. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2393LRB101 06070 SMS 51091 b

1    AN ACT concerning gaming.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Raffles and Poker Runs Act is amended by
5changing Sections 2 and 3 as follows:
 
6    (230 ILCS 15/2)  (from Ch. 85, par. 2302)
7    Sec. 2. Licensing.
8    (a) The governing body of any county or municipality within
9this State may establish a system for the licensing of
10organizations to operate raffles. The governing bodies of a
11county and one or more municipalities may, pursuant to a
12written contract, jointly establish a system for the licensing
13of organizations to operate raffles within any area of
14contiguous territory not contained within the corporate limits
15of a municipality which is not a party to such contract. The
16governing bodies of two or more adjacent counties or two or
17more adjacent municipalities located within a county may,
18pursuant to a written contract, jointly establish a system for
19the licensing of organizations to operate raffles within the
20corporate limits of such counties or municipalities. The
21licensing authority may establish special categories of
22licenses and promulgate rules relating to the various
23categories. The licensing system shall provide for limitations

 

 

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1upon (1) the aggregate retail value of all prizes or
2merchandise awarded by a licensee in a single raffle, (2) the
3maximum retail value of each prize awarded by a licensee in a
4single raffle, (3) the maximum price which may be charged for
5each raffle chance issued or sold and (4) the maximum number of
6days during which chances may be issued or sold. The licensing
7system may include a fee for each license in an amount to be
8determined by the local governing body. Licenses issued
9pursuant to this Act shall be valid for one raffle or for a
10specified number of raffles to be conducted during a specified
11period not to exceed one year and may be suspended or revoked
12for any violation of this Act. A local governing body shall act
13on a license application within 30 days from the date of
14application. Nothing in this Act shall be construed to prohibit
15a county or municipality from adopting rules or ordinances for
16the operation of raffles that are more restrictive than
17provided for in this Act. Except for raffles organized by law
18enforcement agencies and statewide associations that represent
19law enforcement officials as provided in Section 9 of this Act,
20the governing body of a municipality may authorize the sale of
21raffle chances only within the borders of the municipality.
22Except for raffles organized by law enforcement agencies and
23statewide associations that represent law enforcement
24officials as provided in Section 9, the governing body of the
25county may authorize the sale of raffle chances only in those
26areas which are both within the borders of the county and

 

 

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1outside the borders of any municipality.
2    (a-5) The governing body of Cook County may and any other
3county within this State shall establish a system for the
4licensing of organizations to operate poker runs, unless the
5county has prohibited poker runs under this subsection. The
6governing bodies of 2 or more adjacent counties may, pursuant
7to a written contract, jointly establish a system for the
8licensing of organizations to operate poker runs within the
9corporate limits of such counties. The licensing authority may
10establish special categories of licenses and adopt rules
11relating to the various categories. The licensing system may
12include a fee not to exceed $25 for each license. Licenses
13issued pursuant to this Act shall be valid for one poker run or
14for a specified number of poker runs to be conducted during a
15specified period not to exceed one year and may be suspended or
16revoked for any violation of this Act. A local governing body
17shall act on a license application within 30 days after the
18date of application. A county may pass an ordinance prohibiting
19the conduct of poker runs within the county's boundaries.
20    (b) Raffle licenses shall be issued only to bona fide
21religious, charitable, labor, business, fraternal, educational
22or veterans' organizations that operate without profit to their
23members and which have been in existence continuously for a
24period of 5 years immediately before making application for a
25raffle license and which have had during that entire 5-year
26period a bona fide membership engaged in carrying out their

 

 

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1objects, or to a non-profit fundraising organization that the
2licensing authority determines is organized for the sole
3purpose of providing financial assistance to an identified
4individual or group of individuals suffering extreme financial
5hardship as the result of an illness, disability, accident or
6disaster, as well as law enforcement agencies and statewide
7associations that represent law enforcement officials as
8provided for in Section 9 of this Act. Poker run licenses shall
9be issued only to bona fide religious, charitable, labor,
10business, fraternal, educational, veterans', or other bona
11fide not-for-profit organizations that operate without profit
12to their members and which have been in existence continuously
13for a period of 5 years immediately before making application
14for a poker run license and which have had during that entire
155-year period a bona fide membership engaged in carrying out
16their objects. Licenses for poker runs shall be issued for the
17following purposes: (i) providing financial assistance to an
18identified individual or group of individuals suffering
19extreme financial hardship as the result of an illness,
20disability, accident, or disaster or (ii) to maintain the
21financial stability of the organization. A licensing authority
22may waive the 5-year requirement under this subsection (b) for
23a bona fide religious, charitable, labor, business, fraternal,
24educational, or veterans' organization that applies for a
25license to conduct a poker run if the organization is a local
26organization that is affiliated with and chartered by a

 

 

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1national or State organization that meets the 5-year
2requirement.
3    For purposes of this Act, the following definitions apply.
4Non-profit: An organization or institution organized and
5conducted on a not-for-profit basis with no personal profit
6inuring to any one as a result of the operation. Charitable: An
7organization or institution organized and operated to benefit
8an indefinite number of the public. The service rendered to
9those eligible for benefits must also confer some benefit on
10the public. Educational: An organization or institution
11organized and operated to provide systematic instruction in
12useful branches of learning by methods common to schools and
13institutions of learning which compare favorably in their scope
14and intensity with the course of study presented in
15tax-supported schools. Religious: Any church, congregation,
16society, or organization founded for the purpose of religious
17worship. Fraternal: An organization of persons having a common
18interest, the primary interest of which is to both promote the
19welfare of its members and to provide assistance to the general
20public in such a way as to lessen the burdens of government by
21caring for those that otherwise would be cared for by the
22government. Veterans: An organization or association comprised
23of members of which substantially all are individuals who are
24veterans or spouses, widows, or widowers of veterans, the
25primary purpose of which is to promote the welfare of its
26members and to provide assistance to the general public in such

 

 

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1a way as to confer a public benefit. Labor: An organization
2composed of workers organized with the objective of betterment
3of the conditions of those engaged in such pursuit and the
4development of a higher degree of efficiency in their
5respective occupations. Business: A voluntary organization
6composed of individuals and businesses who have joined together
7to advance the commercial, financial, industrial and civic
8interests of a community.
9    (c) Poker runs shall be licensed by the county with
10jurisdiction over the key location. A poker run conducted at
11locations in multiple counties is only required to be licensed
12by the county with jurisdiction over the key location. The
13license granted by the key location shall cover the entire
14poker run, including locations other than the key location.
15Each license issued shall include the name and address of each
16predetermined location.
17(Source: P.A. 99-405, eff. 8-19-15; 99-757, eff. 8-12-16;
18100-201, eff. 8-18-17.)
 
19    (230 ILCS 15/3)  (from Ch. 85, par. 2303)
20    Sec. 3. License - Application - Issuance - Restrictions -
21Persons ineligible. Licenses issued by the governing body of
22any county or municipality are subject to the following
23restrictions:
24        (1) No person, firm or corporation shall conduct
25    raffles or chances or poker runs without having first

 

 

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1    obtained a license therefor pursuant to this Act.
2        (2) The license and application for license must
3    specify the area or areas within the licensing authority in
4    which raffle chances will be sold or issued or a poker run
5    will be conducted, the time period during which raffle
6    chances will be sold or issued or a poker run will be
7    conducted, the time of determination of winning chances and
8    the location or locations at which winning chances will be
9    determined.
10        (3) The license application must contain a sworn
11    statement attesting to the not-for-profit character of the
12    prospective licensee organization, signed by the presiding
13    officer and the secretary of that organization.
14        (4) The application for license shall be prepared in
15    accordance with the ordinance of the local governmental
16    unit.
17        (5) A license authorizes the licensee to conduct
18    raffles or poker runs as defined in this Act.
19    The following are ineligible for any license under this
20Act:
21        (a) any person whose felony conviction will impair the
22    person's ability to engage in the licensed position;
23        (b) any person who is or has been a professional
24    gambler or gambling promoter;
25        (c) any person who is not of good moral character;
26        (d) any firm or corporation in which a person defined

 

 

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1    in (a), (b) or (c) has a proprietary, equitable or credit
2    interest, or in which such a person is active or employed;
3        (e) any organization in which a person defined in (a),
4    (b) or (c) is an officer, director, or employee, whether
5    compensated or not;
6        (f) any organization in which a person defined in (a),
7    (b) or (c) is to participate in the management or operation
8    of a raffle as defined in this Act.
9        (6) A license for a poker run authorizes the licensee
10    to conduct the poker run at locations within the county
11    with jurisdiction over the key location and at locations
12    within any other county that licenses poker runs.
13(Source: P.A. 100-286, eff. 1-1-18.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.