Illinois General Assembly - Full Text of Public Act 099-0405
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Public Act 099-0405


 

Public Act 0405 99TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 099-0405
 
HB3538 EnrolledLRB099 07124 MLM 30873 b

    AN ACT concerning gaming.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Raffles and Poker Runs Act is amended by
changing Sections 0.01, 1, 2, 5, and 6 as follows:
 
    (230 ILCS 15/0.01)  (from Ch. 85, par. 2300)
    Sec. 0.01. Short title. This Act may be cited as the
Raffles and Poker Runs Act.
(Source: P.A. 98-644, eff. 6-10-14.)
 
    (230 ILCS 15/1)  (from Ch. 85, par. 2301)
    Sec. 1. Definitions. For the purposes of this Act the terms
defined in this Section have the meanings given them.
    "Net proceeds" means the gross receipts from the conduct of
raffles, less reasonable sums expended for prizes, local
license fees and other reasonable operating expenses incurred
as a result of operating a raffle or poker run.
    "Key location" means the location where the poker run
concludes and the prize or prizes are awarded.
    "Poker run" means a prize-awarding an event organized by an
organization licensed under this Act in which participants
travel to multiple predetermined locations, including a key
location, to play a randomized game based on an element of
chance drawing a playing card or equivalent item at each
location, in order to assemble a facsimile of a poker hand or
other numeric score. "Poker run" includes dice runs, marble
runs, or other events where the objective is to build the best
hand or highest score by obtaining an item or playing a
randomized game at each location.
    "Raffle" means a form of lottery, as defined in Section
28-2(b) of the Criminal Code of 2012, conducted by an
organization licensed under this Act, in which:
        (1) the player pays or agrees to pay something of value
    for a chance, represented and differentiated by a number or
    by a combination of numbers or by some other medium, one or
    more of which chances is to be designated the winning
    chance;
        (2) the winning chance is to be determined through a
    drawing or by some other method based on an element of
    chance by an act or set of acts on the part of persons
    conducting or connected with the lottery, except that the
    winning chance shall not be determined by the outcome of a
    publicly exhibited sporting contest.
(Source: P.A. 97-1150, eff. 1-25-13; 98-644, eff. 6-10-14.)
 
    (230 ILCS 15/2)  (from Ch. 85, par. 2302)
    Sec. 2. Licensing.
    (a) The governing body of any county or municipality within
this State may establish a system for the licensing of
organizations to operate raffles. The governing bodies of a
county and one or more municipalities may, pursuant to a
written contract, jointly establish a system for the licensing
of organizations to operate raffles within any area of
contiguous territory not contained within the corporate limits
of a municipality which is not a party to such contract. The
governing bodies of two or more adjacent counties or two or
more adjacent municipalities located within a county may,
pursuant to a written contract, jointly establish a system for
the licensing of organizations to operate raffles within the
corporate limits of such counties or municipalities. The
licensing authority may establish special categories of
licenses and promulgate rules relating to the various
categories. The licensing system shall provide for limitations
upon (1) the aggregate retail value of all prizes or
merchandise awarded by a licensee in a single raffle, (2) the
maximum retail value of each prize awarded by a licensee in a
single raffle, (3) the maximum price which may be charged for
each raffle chance issued or sold and (4) the maximum number of
days during which chances may be issued or sold. The licensing
system may include a fee for each license in an amount to be
determined by the local governing body. Licenses issued
pursuant to this Act shall be valid for one raffle or for a
specified number of raffles to be conducted during a specified
period not to exceed one year and may be suspended or revoked
for any violation of this Act. A local governing body shall act
on a license application within 30 days from the date of
application. Nothing in this Act shall be construed to prohibit
a county or municipality from adopting rules or ordinances for
the operation of raffles that are more restrictive than
provided for in this Act. The governing body of a municipality
may authorize the sale of raffle chances only within the
borders of the municipality. The governing body of the county
may authorize the sale of raffle chances only in those areas
which are both within the borders of the county and outside the
borders of any municipality.
    (a-5) The governing body of Cook County may and any other
county within this State shall may establish a system for the
licensing of organizations to operate poker runs. The governing
bodies of 2 or more adjacent counties may, pursuant to a
written contract, jointly establish a system for the licensing
of organizations to operate poker runs within the corporate
limits of such counties. The licensing authority may establish
special categories of licenses and adopt rules relating to the
various categories. The licensing system may include a fee not
to exceed $25 for each license. Licenses issued pursuant to
this Act shall be valid for one poker run or for a specified
number of poker runs to be conducted during a specified period
not to exceed one year and may be suspended or revoked for any
violation of this Act. A local governing body shall act on a
license application within 30 days after the date of
application.
    (b) Raffle licenses Licenses shall be issued only to bona
fide religious, charitable, labor, business, fraternal,
educational or veterans' organizations that operate without
profit to their members and which have been in existence
continuously for a period of 5 years immediately before making
application for a raffle license and which have had during that
entire 5-year 5 year period a bona fide membership engaged in
carrying out their objects, or to a non-profit fundraising
organization that the licensing authority determines is
organized for the sole purpose of providing financial
assistance to an identified individual or group of individuals
suffering extreme financial hardship as the result of an
illness, disability, accident or disaster. Poker run licenses
shall be issued only to bona fide religious, charitable, labor,
business, fraternal, educational, veterans', or other bona
fide not-for-profit organizations that operate without profit
to their members and which have been in existence continuously
for a period of 5 years immediately before making application
for a poker run license and which have had during that entire
5-year period a bona fide membership engaged in carrying out
their objects. Licenses for poker runs shall be issued for the
following purposes: (i) providing financial assistance to an
identified individual or group of individuals suffering
extreme financial hardship as the result of an illness,
disability, accident, or disaster or (ii) to maintain the
financial stability of the organization. A licensing authority
may waive the 5-year requirement under this subsection (b) for
a bona fide religious, charitable, labor, business, fraternal,
educational, or veterans' organization that applies for a
license to conduct a poker run if the organization is a local
organization that is affiliated with and chartered by a
national or State organization that meets the 5-year
requirement.
    For purposes of this Act, the following definitions apply.
Non-profit: An organization or institution organized and
conducted on a not-for-profit basis with no personal profit
inuring to any one as a result of the operation. Charitable: An
organization or institution organized and operated to benefit
an indefinite number of the public. The service rendered to
those eligible for benefits must also confer some benefit on
the public. Educational: An organization or institution
organized and operated to provide systematic instruction in
useful branches of learning by methods common to schools and
institutions of learning which compare favorably in their scope
and intensity with the course of study presented in
tax-supported schools. Religious: Any church, congregation,
society, or organization founded for the purpose of religious
worship. Fraternal: An organization of persons having a common
interest, the primary interest of which is to both promote the
welfare of its members and to provide assistance to the general
public in such a way as to lessen the burdens of government by
caring for those that otherwise would be cared for by the
government. Veterans: An organization or association comprised
of members of which substantially all are individuals who are
veterans or spouses, widows, or widowers of veterans, the
primary purpose of which is to promote the welfare of its
members and to provide assistance to the general public in such
a way as to confer a public benefit. Labor: An organization
composed of workers organized with the objective of betterment
of the conditions of those engaged in such pursuit and the
development of a higher degree of efficiency in their
respective occupations. Business: A voluntary organization
composed of individuals and businesses who have joined together
to advance the commercial, financial, industrial and civic
interests of a community.
    (c) Poker runs shall be licensed by the county governing
body with jurisdiction over the key location. The license
granted by the key location shall cover the entire poker run,
including locations other than the key location. Each license
issued shall include the name and address of each predetermined
location.
(Source: P.A. 98-644, eff. 6-10-14.)
 
    (230 ILCS 15/5)  (from Ch. 85, par. 2305)
    Sec. 5. Manager; bond. All operation of and the conduct of
raffles and poker runs shall be under the supervision of a
single manager designated by the organization. The manager
shall give a fidelity bond in an amount determined by the
licensing authority in favor of the organization conditioned
upon his honesty in the performance of his duties. Terms of the
bond shall provide that notice shall be given in writing to the
licensing authority not less than 30 days prior to its
cancellation. The governing body of a local unit of government
may waive this bond requirement by including a waiver provision
in the license issued to an organization under this Act,
provided that a license containing such waiver provision shall
be granted only by unanimous vote of the members of the
licensed organization. Nothing in this Section shall be deemed
to apply to poker runs.
(Source: P.A. 98-644, eff. 6-10-14.)
 
    (230 ILCS 15/6)  (from Ch. 85, par. 2306)
    Sec. 6. Records.
    (a) Each organization licensed to conduct raffles and
chances or poker run events shall keep records of its gross
receipts, expenses and net proceeds for each single gathering
or occasion at which winning chances in a raffle or winning
hands or scores in a poker run are determined. All deductions
from gross receipts for each single gathering or occasion shall
be documented with receipts or other records indicating the
amount, a description of the purchased item or service or other
reason for the deduction, and the recipient. The distribution
of net proceeds shall be itemized as to payee, purpose, amount
and date of payment.
    (b) Gross receipts from the operation of raffles programs
or poker runs shall be segregated from other revenues of the
organization, including bingo gross receipts, if bingo games
are also conducted by the same nonprofit organization pursuant
to license therefor issued by the Department of Revenue of the
State of Illinois, and placed in a separate account. Each
organization shall have separate records of its raffles and
poker runs. The person who accounts for gross receipts,
expenses and net proceeds from the operation of raffles or
poker runs shall not be the same person who accounts for other
revenues of the organization.
    (c) Each organization licensed to conduct raffles or poker
runs or poker runs shall report promptly after the conclusion
of each raffle or poker runs or poker run to its membership.
Each organization licensed to conduct raffles shall report
promptly , and to the licensing local unit of government, its
gross receipts, expenses and net proceeds from the raffle
raffles or poker runs, and the distribution of net proceeds
itemized as required in this Section.
    (d) Records required by this Section shall be preserved for
3 years, and organizations shall make available their records
relating to operation of raffles or poker runs for public
inspection at reasonable times and places.
(Source: P.A. 98-644, eff. 6-10-14.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/19/2015