HB4283sam001 93RD GENERAL ASSEMBLY

Sen. George P. Shadid

Filed: 4/26/2004

09300HB4283sam001 LRB093 18614 LRD 50048 a

AMENDMENT TO HOUSE BILL 4283

AMENDMENT NO. ______. Amend House Bill 4283 by replacing everything after the enacting clause with the following:

"Section 5. The Raffles Act is amended by adding Section 8.2 as follows:

(230 ILCS 15/8.2 new)

Sec. 8.2. Exemption for certain charitable institutions.

(a) A charitable institution is not subject to the licensing provisions of subsection (a) of Section 2, items (1), (2), (3), (4), and (5) of Section 3, and the restrictions on the conduct of raffles imposed under item (5) of Section 4 if (i) the charitable institution is organized and conducted on a not-for-profit basis with no personal profit inuring to anyone as a result of the operation of the institution and is exempt from federal income taxation under Section 501(c)(3), 501(c)(4), 501(c)(5), 501(c)(8), 501(c)(10), or 501(c)(19) of the Internal Revenue Code, (ii) the net proceeds from raffles conducted by the charitable institution under this Act are used by the organization for charitable, scientific, or educational purposes related to the charitable institution, and (iii) the charitable institution obtains a license from the Department of Revenue under subsection (b).

(b) The Department of Revenue shall, upon application therefor on forms prescribed by that Department, and upon the payment of an annual fee of $200, and upon a determination by the Department that the applicant is a charitable institution that meets the qualifications in items (i) and (ii) of subsection (a), issue a license authorizing the charitable institution to conduct raffles. A license issued under this subsection (b) shall be valid for one year. Fees collected by the Department of Revenue under this Section shall be deposited into the General Revenue Fund.

(c) All raffle tickets sold by a licensee under this Section must have the name of the licensee and the license number of the licensee printed on the ticket. The Department of Revenue shall provide by rule for limitations upon (1) the aggregate retail value of all prizes or merchandise awarded by a licensee under this Section in a single raffle, (2) the maximum retail value of each prize awarded by a licensee under this Section in a single raffle, (3) the maximum price that 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. Licenses issued under this Section may be suspended or revoked by the Department for any violation of this Act. The Department of Revenue shall act on a license application within 30 days after the Department receives the application.

(d) For a charitable organization that conducts raffles under this Section, all references in Sections 5 and 6 of this Act to a licensing authority mean the Illinois Department of Revenue.

(e) In addition to the requirements set forth in this Section, a charitable institution licensed by the Department of Revenue under this Section must meet all other requirements established by the Department by rule.

Section 99. Effective date. This Act takes effect upon becoming law.".