102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3710

 

Introduced 2/22/2021, by Rep. La Shawn K. Ford

 

SYNOPSIS AS INTRODUCED:
 
230 ILCS 15/7  from Ch. 85, par. 2307
230 ILCS 15/8.1  from Ch. 85, par. 2308.1

    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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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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 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
8Act, violation Violation of any provision of this Act is a
9Class 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
14this subsection have the meanings given them.
15    "Net proceeds" means the gross receipts from the conduct
16of raffles, less reasonable sums expended for prizes, license
17fees, and other reasonable operating expenses incurred as a
18result of operating a raffle.
19    "Raffle" means a form of lottery, as defined in Section
2028-2(b) of the Criminal Code of 2012, conducted by a political
21committee 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
12Sections 9-3, 9-10, and 9-23 of the Election Code which has
13been begun by the State Board of Elections, has been disputed
14by the political committee under the applicable rules of the
15State Board of Elections, and has not been finally decided
16either by the State Board of Elections, or, where application
17for review has been made to the courts of Illinois, remains
18finally undecided by the courts.
19    "Owes" means that a political committee has been finally
20determined under applicable rules of the State Board of
21Elections to be liable for a civil penalty under Sections 9-3,
229-10, and 9-23 of the Election Code.
23    (b) Licenses issued pursuant to this Section shall be
24valid for one raffle or for a specified number of raffles to be
25conducted during a specified period not to exceed one year and
26may be suspended or revoked for any violation of this Section.

 

 

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1The State Board of Elections shall act on a license
2application within 30 days from the date of application.
3    (c) Licenses issued by the State Board of Elections are
4subject 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
19Section:
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
26following 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
21chances on a raffle are determined, the lessor shall not be
22criminally liable if the person who uses the premises for the
23determining of winning chances does not hold a license issued
24under the provisions of this Section.
25    (e)(1) Each political committee licensed to conduct
26raffles and chances shall keep records of its gross receipts,

 

 

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1expenses, and net proceeds for each single gathering or
2occasion at which winning chances are determined. All
3deductions from gross receipts for each single gathering or
4occasion shall be documented with receipts or other records
5indicating the amount, a description of the purchased item or
6service or other reason for the deduction, and the recipient.
7The distribution of net proceeds shall be itemized as to
8payee, purpose, amount, and date of payment.
9    (2) Each political committee licensed to conduct raffles
10shall report on the next report due to be filed under Article 9
11of the Election Code its gross receipts, expenses, and net
12proceeds from raffles, and the distribution of net proceeds
13itemized as required in this subsection.
14    Such reports shall be included in the regular reports
15required of political committees by Article 9 of the Election
16Code.
17    (3) Records required by this subsection shall be preserved
18for 3 years, and political committees shall make available
19their records relating to the operation of raffles for public
20inspection at reasonable times and places.
21    (f) Violation of any provision of this Section is
22punishable by a tiered fine of $500 for the first violation,
23$1,000 for the second violation, and $1,500 for the third and
24subsequent violations to be imposed by the State Board of
25Elections a Class C misdemeanor.
26    (g) Nothing in this Section shall be construed to

 

 

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1authorize the conducting or operating of any gambling scheme,
2enterprise, activity, or device other than raffles as provided
3for herein.
4(Source: P.A. 101-109, eff. 7-19-19; revised 9-20-19.)