Sen. George P. Shadid
Filed: 5/5/2004
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1 | AMENDMENT TO HOUSE BILL 4283
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2 | AMENDMENT NO. ______. Amend House Bill 4283, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Raffles Act is amended by adding Section | ||||||
6 | 8.2 as follows: | ||||||
7 | (230 ILCS 15/8.2 new)
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8 | Sec. 8.2. Exemption for certain charitable institutions. | ||||||
9 | (a) A charitable institution is not subject to the | ||||||
10 | licensing provisions of subsection (a) of Section 2, items (1), | ||||||
11 | (2), (3), (4), and (5) of Section 3, and the restrictions on | ||||||
12 | the conduct of raffles imposed under item (5) of Section 4 if | ||||||
13 | (i) the charitable institution is organized and conducted on a | ||||||
14 | not-for-profit basis with no personal profit inuring to anyone | ||||||
15 | as a result of the operation of the institution and is exempt | ||||||
16 | from federal income taxation under Section 501(c)(3), | ||||||
17 | 501(c)(4), 501(c)(5), 501(c)(8), 501(c)(10), or 501(c)(19) of | ||||||
18 | the Internal Revenue Code, (ii) the net proceeds from raffles | ||||||
19 | conducted by the charitable institution under this Act are used | ||||||
20 | by the organization for charitable, scientific, or educational | ||||||
21 | purposes related to the charitable institution, and (iii) the | ||||||
22 | charitable institution obtains a license from the Department of | ||||||
23 | Revenue under subsection (b). | ||||||
24 | (b) The Department of Revenue shall, upon application |
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1 | therefor on forms prescribed by that Department, and upon the | ||||||
2 | receipt of an annual license fee of $300, which shall be | ||||||
3 | collected by the host county and from which $200 shall be | ||||||
4 | retained by the host county and $100 shall be paid by the host | ||||||
5 | county to the Department of Revenue, and upon receipt by the | ||||||
6 | Department of a written finding from the host county that the | ||||||
7 | applicant is a charitable institution that meets the | ||||||
8 | qualifications in items (i) and (ii) of subsection (a), issue a | ||||||
9 | license authorizing the charitable institution to conduct | ||||||
10 | raffles as provided in this Section. A license issued under | ||||||
11 | this subsection (b) shall be valid for one year. The Department | ||||||
12 | shall deposit the portion of the fees paid to it under this | ||||||
13 | Section into the General Revenue Fund.
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14 | (c) All raffle tickets sold by a licensee under this | ||||||
15 | Section must have the name of the host county, the name of the | ||||||
16 | licensee, and the license number of the licensee printed on the | ||||||
17 | ticket. A licensee under this Section may sell raffle tickets | ||||||
18 | under this Section in any part of this State except (i) in any | ||||||
19 | municipality that has adopted an ordinance prohibiting the | ||||||
20 | conduct of raffles or the sale of raffle tickets within its | ||||||
21 | boundaries or (ii) in any unincorporated portion of a county | ||||||
22 | that has adopted an ordinance prohibiting the conduct of | ||||||
23 | raffles or the sale of raffle tickets within the unincorporated | ||||||
24 | portions within its boundaries. The Department of Revenue shall | ||||||
25 | provide by rule for limitations upon (1) the aggregate retail | ||||||
26 | value of all prizes or merchandise awarded by a licensee under | ||||||
27 | this Section in a single raffle, (2) the maximum retail value | ||||||
28 | of each prize awarded by a licensee under this Section in a | ||||||
29 | single raffle, (3) the maximum price that may be charged for | ||||||
30 | each raffle chance issued or sold under this Section, and (4) | ||||||
31 | the maximum number of days during which chances may be issued | ||||||
32 | or sold under this Section. Licenses issued under this Section | ||||||
33 | may be suspended or revoked by the Department for any violation | ||||||
34 | of this Act. The Department of Revenue shall act on a license |
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1 | application within 30 days after the Department receives the | ||||||
2 | application, fee, and written determination from the host | ||||||
3 | county required under subsection (b).
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4 | (d) For a charitable organization that conducts raffles | ||||||
5 | under this Section, all references in Sections 5 and 6 of this | ||||||
6 | Act to a licensing authority or a licensing unit of local | ||||||
7 | government mean the host county. | ||||||
8 | (e) In addition to the requirements set forth in this | ||||||
9 | Section, a charitable institution licensed by the Department of | ||||||
10 | Revenue under this Section must meet all other requirements | ||||||
11 | established by the Department by rule.
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12 | (f) A host county shall provide all information requested | ||||||
13 | by the Department of Revenue concerning the conduct of raffles | ||||||
14 | under this Section to the Department upon request by the | ||||||
15 | Department.
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16 | (g) For the purpose of this Section, the term "host county" | ||||||
17 | means the county in which the winning chance for a raffle | ||||||
18 | conducted under a license issued under this Section is | ||||||
19 | determined.
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20 | Section 99. Effective date. This Act takes effect upon | ||||||
21 | becoming law.".
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