Sen. George P. Shadid
Filed: 5/6/2004
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 4283
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 4283, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
| ||||||
5 | "Section 5. The Raffles Act is amended by adding Section | ||||||
6 | 8.2 as follows: | ||||||
7 | (230 ILCS 15/8.2 new)
| ||||||
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 |
| |||||||
| |||||||
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 Revenue of a written finding from the host county | ||||||
7 | that the 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. The Department of Revenue | ||||||
11 | shall act on a license application within 30 days after the | ||||||
12 | Department receives the application, fee, and written | ||||||
13 | determination from the host county required under this | ||||||
14 | subsection. A license issued under this subsection (b) shall be | ||||||
15 | valid for one year. The Department of Revenue shall deposit the | ||||||
16 | portion of the fees paid to it under this Section into the | ||||||
17 | General Revenue Fund.
| ||||||
18 | (c) All raffle tickets sold by a licensee under this | ||||||
19 | Section must have the name of the host county, the name of the | ||||||
20 | licensee, and the license number of the licensee printed on the | ||||||
21 | ticket. A licensee under this Section may sell raffle tickets | ||||||
22 | under this Section in any part of this State except (i) in any | ||||||
23 | municipality that has adopted an ordinance prohibiting the | ||||||
24 | conduct of raffles or the sale of raffle tickets within its | ||||||
25 | boundaries or (ii) in any unincorporated portion of a county | ||||||
26 | that has adopted an ordinance prohibiting the conduct of | ||||||
27 | raffles or the sale of raffle tickets within the unincorporated | ||||||
28 | portions within its boundaries. The Department of Revenue shall | ||||||
29 | provide by rule for limitations upon (1) the aggregate retail | ||||||
30 | value of all prizes or merchandise awarded by a licensee under | ||||||
31 | this Section in a single raffle, (2) the maximum retail value | ||||||
32 | of each prize awarded by a licensee under this Section in a | ||||||
33 | single raffle, (3) the maximum price that may be charged for | ||||||
34 | each raffle chance issued or sold under this Section, and (4) |
| |||||||
| |||||||
1 | the maximum number of days during which chances may be issued | ||||||
2 | or sold under this Section. | ||||||
3 | (d) Upon notification from the host county of a violation | ||||||
4 | of this Act, the Department of Revenue may suspend or revoke | ||||||
5 | licenses issued under this Section for any violation of this | ||||||
6 | Act. The Department of Revenue shall adopt rules concerning the | ||||||
7 | proper form and manner of the notification required under this | ||||||
8 | subsection.
| ||||||
9 | (e) For a charitable organization that conducts raffles | ||||||
10 | under this Section, all references in Sections 5 and 6 of this | ||||||
11 | Act to a licensing authority or a licensing unit of local | ||||||
12 | government mean the host county. | ||||||
13 | (f) In addition to the requirements set forth in this | ||||||
14 | Section, a charitable institution licensed by the Department of | ||||||
15 | Revenue under this Section must meet all other requirements | ||||||
16 | established by the Department by rule.
| ||||||
17 | (g) A host county shall provide all information requested | ||||||
18 | by the Department of Revenue concerning the conduct of raffles | ||||||
19 | under this Section to the Department upon request by the | ||||||
20 | Department.
| ||||||
21 | (h) For the purpose of this Section, the term "host county" | ||||||
22 | means the county in which the winning chance for a raffle | ||||||
23 | conducted under a license issued under this Section is | ||||||
24 | determined and the term "Department" means the Department of | ||||||
25 | Revenue.
| ||||||
26 | Section 99. Effective date. This Act takes effect upon | ||||||
27 | becoming law.".
|