Sen. Antonio Muņoz

Filed: 6/15/2021

 

 


 

 


 
10200HB2947sam002LRB102 10010 SMS 27568 a

1
AMENDMENT TO HOUSE BILL 2947

2    AMENDMENT NO. ______. Amend House Bill 2947, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Raffles and Poker Runs Act is amended by
6changing Sections 1 and 2 as follows:
 
7    (230 ILCS 15/1)  (from Ch. 85, par. 2301)
8    Sec. 1. Definitions. For the purposes of this Act the
9terms defined in this Section have the meanings given them.
10    "Fire protection agency" means: (1) an agency of this
11State, unit of local government, or intergovernmental mutual
12aid entity that is vested by law or intergovernmental
13agreement with the duty and authority to provide public fire
14suppression, rescue, or emergency medical services; or (2) an
15organization that provides support or assistance to an agency
16of this State, unit of local government, or intergovernmental

 

 

10200HB2947sam002- 2 -LRB102 10010 SMS 27568 a

1mutual aid entity that is vested by law or intergovernmental
2agreement with the duty and authority to provide public fire
3suppression, rescue, or emergency medical services.
4    "Key location" means:
5        (1) For a poker run, the location where the poker run
6    concludes and the prizes are awarded.
7        (2) For a raffle, the location where the winning
8    chances in the raffle are determined.
9    "Law enforcement agency" means an agency of this State or
10a unit of local government in this State that is vested by law
11or ordinance with the duty to maintain public order and to
12enforce criminal laws or ordinances.
13    "Net proceeds" means the gross receipts from the conduct
14of raffles, less reasonable sums expended for prizes, local
15license fees and other operating expenses incurred as a result
16of operating a raffle or poker run.
17    "Poker run" means a prize-awarding event organized by an
18organization licensed under this Act in which participants
19travel to multiple predetermined locations, including a key
20location, to play a randomized game based on an element of
21chance. "Poker run" includes dice runs, marble runs, or other
22events where the objective is to build the best hand or highest
23score by obtaining an item or playing a randomized game at each
24location.
25    "Raffle" means a form of lottery, as defined in subsection
26(b) of Section 28-2 of the Criminal Code of 2012, conducted by

 

 

10200HB2947sam002- 3 -LRB102 10010 SMS 27568 a

1an organization licensed under this Act, in which:
2        (1) the player pays or agrees to pay something of
3    value for a chance, represented and differentiated by a
4    number or by a combination of numbers or by some other
5    medium, one or more of which chances is to be designated
6    the winning chance; and
7        (2) the winning chance is to be determined through a
8    drawing or by some other method based on an element of
9    chance by an act or set of acts on the part of persons
10    conducting or connected with the lottery, except that the
11    winning chance shall not be determined by the outcome of a
12    publicly exhibited sporting contest.
13    "Raffle" does not include any game designed to simulate:
14(1) gambling games as defined in the Illinois Riverboat
15Gambling Act, (2) any casino game approved for play by the
16Illinois Gaming Board, (3) any games provided by a video
17gaming terminal, as defined in the Video Gaming Act, or (4) a
18savings promotion raffle authorized under Section 5g of the
19Illinois Banking Act, Section 7008 of the Savings Bank Act,
20Section 42.7 of the Illinois Credit Union Act, Section 5136B
21of the National Bank Act, or Section 4 of the Home Owners' Loan
22Act.
23(Source: P.A. 101-109, eff. 7-19-19; revised 12-9-19.)
 
24    (230 ILCS 15/2)  (from Ch. 85, par. 2302)
25    Sec. 2. Licensing.

 

 

10200HB2947sam002- 4 -LRB102 10010 SMS 27568 a

1    (a) The governing body of any county or municipality
2within this State may establish a system for the licensing of
3organizations to operate raffles. The governing bodies of a
4county and one or more municipalities may, pursuant to a
5written contract, jointly establish a system for the licensing
6of organizations to operate raffles within any area of
7contiguous territory not contained within the corporate limits
8of a municipality which is not a party to such contract. The
9governing bodies of two or more adjacent counties or two or
10more adjacent municipalities located within a county may,
11pursuant to a written contract, jointly establish a system for
12the licensing of organizations to operate raffles within the
13corporate limits of such counties or municipalities. The
14licensing authority may establish special categories of
15licenses and promulgate rules relating to the various
16categories. The licensing system shall provide for limitations
17upon (1) the aggregate retail value of all prizes or
18merchandise awarded by a licensee in a single raffle, if any,
19(2) the maximum retail value of each prize awarded by a
20licensee in a single raffle, if any, (3) the maximum price
21which may be charged for each raffle chance issued or sold, if
22any, and (4) the maximum number of days during which chances
23may be issued or sold, if any. The licensing system may include
24a fee for each license in an amount to be determined by the
25local governing body. Licenses issued pursuant to this Act
26shall be valid for one raffle or for a specified number of

 

 

10200HB2947sam002- 5 -LRB102 10010 SMS 27568 a

1raffles to be conducted during a specified period not to
2exceed one year and may be suspended or revoked for any
3violation of this Act. A local governing body shall act on a
4license application within 30 days from the date of
5application. A county or municipality may adopt rules or
6ordinances for the operation of raffles that are consistent
7with this Act. Raffles shall be licensed by the governing body
8of the municipality with jurisdiction over the key location
9or, if no municipality has jurisdiction over the key location,
10then by the governing body of the county with jurisdiction
11over the key location. A license shall authorize the holder of
12such license to sell raffle chances throughout the State,
13including beyond the borders of the licensing municipality or
14county.
15    (a-5) The governing body of Cook County may and any other
16county within this State shall establish a system for the
17licensing of organizations to operate poker runs. The
18governing bodies of 2 or more adjacent counties may, pursuant
19to a written contract, jointly establish a system for the
20licensing of organizations to operate poker runs within the
21corporate limits of such counties. The licensing authority may
22establish special categories of licenses and adopt rules
23relating to the various categories. The licensing system may
24include a fee not to exceed $25 for each license. Licenses
25issued pursuant to this Act shall be valid for one poker run or
26for a specified number of poker runs to be conducted during a

 

 

10200HB2947sam002- 6 -LRB102 10010 SMS 27568 a

1specified period not to exceed one year and may be suspended or
2revoked for any violation of this Act. A local governing body
3shall act on a license application within 30 days after the
4date of application.
5    (b) Raffle licenses shall be issued only: (1) to bona fide
6religious, charitable, labor, business, fraternal,
7educational, veterans', or other bona fide not-for-profit
8organizations that operate without profit to their members and
9which have been in existence continuously for a period of 5
10years immediately before making application for a raffle
11license and which have during that entire 5-year period been
12engaged in carrying out their objects, (2) or to a non-profit
13fundraising organization that the licensing authority
14determines is organized for the sole purpose of providing
15financial assistance to an identified individual or group of
16individuals suffering extreme financial hardship as the result
17of an illness, disability, accident, or disaster, (3) or to
18any law enforcement agencies and associations that represent
19law enforcement officials, or (4) to any fire protection
20agencies and associations that represent fire protection
21officials. Poker run licenses shall be issued only to bona
22fide religious, charitable, labor, business, fraternal,
23educational, veterans', or other bona fide not-for-profit
24organizations that operate without profit to their members and
25which have been in existence continuously for a period of 5
26years immediately before making application for a poker run

 

 

10200HB2947sam002- 7 -LRB102 10010 SMS 27568 a

1license and which have during that entire 5-year period been
2engaged in carrying out their objects. Licenses for poker runs
3shall be issued for the following purposes: (i) providing
4financial assistance to an identified individual or group of
5individuals suffering extreme financial hardship as the result
6of an illness, disability, accident, or disaster or (ii) to
7maintain the financial stability of the organization. A
8licensing authority may waive the 5-year requirement under
9this subsection (b) for a bona fide religious, charitable,
10labor, business, fraternal, educational, or veterans'
11organization that applies for a license to conduct a raffle or
12a poker run if the organization is a local organization that is
13affiliated with and chartered by a national or State
14organization that meets the 5-year requirement.
15    For purposes of this Act, the following definitions apply.
16Non-profit: An organization or institution organized and
17conducted on a not-for-profit basis with no personal profit
18inuring to any one as a result of the operation. Charitable: An
19organization or institution organized and operated to benefit
20an indefinite number of the public. The service rendered to
21those eligible for benefits must also confer some benefit on
22the public. Educational: An organization or institution
23organized and operated to provide systematic instruction in
24useful branches of learning by methods common to schools and
25institutions of learning which compare favorably in their
26scope and intensity with the course of study presented in

 

 

10200HB2947sam002- 8 -LRB102 10010 SMS 27568 a

1tax-supported schools. Religious: Any church, congregation,
2society, or organization founded for the purpose of religious
3worship. Fraternal: An organization of persons having a common
4interest, the primary interest of which is to both promote the
5welfare of its members and to provide assistance to the
6general public in such a way as to lessen the burdens of
7government by caring for those that otherwise would be cared
8for by the government. Veterans: An organization or
9association comprised of members of which substantially all
10are individuals who are veterans or spouses, widows, or
11widowers of veterans, the primary purpose of which is to
12promote the welfare of its members and to provide assistance
13to the general public in such a way as to confer a public
14benefit. Labor: An organization composed of workers organized
15with the objective of betterment of the conditions of those
16engaged in such pursuit and the development of a higher degree
17of efficiency in their respective occupations. Business: A
18voluntary organization composed of individuals and businesses
19who have joined together to advance the commercial, financial,
20industrial and civic interests of a community.
21(Source: P.A. 100-201, eff. 8-18-17; 101-109, eff. 7-19-19;
22101-360, eff. 1-1-20; revised 9-9-19.)".