Bill Text: IL HB2760 | 2019-2020 | 101st General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB2760 Detail]
Download: Illinois-2019-HB2760-Introduced.html
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1 | AN ACT concerning gaming.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Raffles and Poker Runs Act is amended by | ||||||||||||||||||||||||||
5 | changing Sections 7 and 8.1 as follows:
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6 | (230 ILCS 15/7) (from Ch. 85, par. 2307)
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7 | Sec. 7. Sentence. ) Except as otherwise provided in this | ||||||||||||||||||||||||||
8 | Act, violation Violation of any provision of this Act is a | ||||||||||||||||||||||||||
9 | Class
C misdemeanor.
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10 | (Source: P.A. 81-1365.)
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11 | (230 ILCS 15/8.1) (from Ch. 85, par. 2308.1)
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12 | Sec. 8.1. Political committees. | ||||||||||||||||||||||||||
13 | (a) For the purposes of this Section
the terms defined in | ||||||||||||||||||||||||||
14 | this subsection have the meanings given them.
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15 | "Net Proceeds" means the gross receipts from the conduct of | ||||||||||||||||||||||||||
16 | raffles, less
reasonable sums expended for prizes, license fees | ||||||||||||||||||||||||||
17 | and other reasonable
operating expenses incurred as a result of | ||||||||||||||||||||||||||
18 | operating a raffle.
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19 | "Raffle" means a form of lottery, as defined in Section | ||||||||||||||||||||||||||
20 | 28-2 (b) of the
Criminal Code of 2012, conducted by a political | ||||||||||||||||||||||||||
21 | committee licensed under
this Section, in which:
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22 | (1) the player pays or agrees to pay something of value |
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1 | for a chance,
represented and differentiated by a number or | ||||||
2 | by a combination of numbers
or by some other medium, one or | ||||||
3 | more of which chances is to be designated
the winning | ||||||
4 | chance;
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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
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9 | winning chance shall not be determined by the outcome of a | ||||||
10 | publicly exhibited
sporting contest.
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11 | "Unresolved claim" means a claim for civil penalty under | ||||||
12 | Sections
9-3, 9-10, and 9-23
of The Election Code which has | ||||||
13 | been begun by the State Board of Elections,
has been disputed | ||||||
14 | by the political committee under the applicable rules of
the | ||||||
15 | State Board of Elections, and has not been finally decided | ||||||
16 | either by
the State Board of Elections, or, where application | ||||||
17 | for review has been
made to the Courts of Illinois, remains | ||||||
18 | finally undecided by the Courts.
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19 | "Owes" means that a political committee has been finally | ||||||
20 | determined under
applicable rules of the State Board of | ||||||
21 | Elections to be liable for a civil
penalty under Sections
9-3, | ||||||
22 | 9-10, and 9-23 of The Election
Code.
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23 | (b) Licenses issued pursuant to this Section shall be valid | ||||||
24 | for one
raffle or for a specified number of raffles to be | ||||||
25 | conducted during a
specified period not to exceed one year and | ||||||
26 | may be suspended or revoked for
any violation of this Section. |
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1 | The State Board of Elections shall act on a
license application | ||||||
2 | within 30 days from the date of application.
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3 | (c) Licenses issued by the State Board of Elections are
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4 | subject to the following restrictions:
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5 | (1) No political committee shall conduct raffles or | ||||||
6 | chances without
having first obtained a license therefor | ||||||
7 | pursuant to this Section.
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8 | (2) The application for license shall be prepared in | ||||||
9 | accordance with
regulations of the State Board of Elections
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10 | and must specify the area or
areas within the State in | ||||||
11 | which raffle chances will be sold or issued, the
time | ||||||
12 | period during which raffle chances will be sold or issued, | ||||||
13 | the time of
determination of winning chances and the | ||||||
14 | location or locations at which
winning chances will be | ||||||
15 | determined.
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16 | (3) A license authorizes the licensee to conduct | ||||||
17 | raffles as defined in
this Section.
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18 | The following are ineligible for any license under this | ||||||
19 | Section:
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20 | (i) any political committee which has an officer | ||||||
21 | who has been
convicted of a felony;
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22 | (ii) any political committee which has an officer | ||||||
23 | who is or has been a
professional gambler or gambling | ||||||
24 | promoter;
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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;
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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;
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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;
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13 | (i) (vii ) any committee which, at the time of its | ||||||
14 | application for a
license to conduct a raffle, owes the | ||||||
15 | 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 claim | ||||||
18 | for a civil penalty under Sections
9-3, 9-10, and 9-23 | ||||||
19 | of
The Election Code;
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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.
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25 | (d) (1) The conducting of raffles is subject
to the | ||||||
26 | following 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.
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4 | (ii) No person except a bona fide member of the | ||||||
5 | political committee
may participate in the management | ||||||
6 | or operation of the raffle.
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7 | (iii) No person may receive any remuneration or | ||||||
8 | profit for participating
in the management or | ||||||
9 | operation of the raffle.
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10 | (iv) Raffle chances may be sold or issued only | ||||||
11 | within the area specified
on the license and winning | ||||||
12 | chances may be determined only at those locations
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13 | specified on the license.
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14 | (v) A person under the age of 18 years may | ||||||
15 | participate in the conducting
of raffles or chances | ||||||
16 | only with the permission of a parent or guardian.
A | ||||||
17 | person under the age of 18 years may be within
the area | ||||||
18 | where winning chances are being determined only when | ||||||
19 | accompanied
by his parent or guardian.
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20 | (2) If a lessor rents premises where a winning chance | ||||||
21 | or chances on a
raffle are determined, the lessor shall not | ||||||
22 | be criminally liable if the
person who uses the premises | ||||||
23 | for the determining of winning chances does not
hold a | ||||||
24 | license issued under the provisions
of this Section.
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25 | (e) (1) Each political committee licensed to conduct | ||||||
26 | raffles and
chances shall keep records of its gross |
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1 | receipts, expenses and net proceeds
for each single | ||||||
2 | gathering or occasion at which winning chances are | ||||||
3 | determined.
All deductions from gross receipts for each | ||||||
4 | single gathering or occasion
shall be documented with | ||||||
5 | receipts or other records indicating the amount,
a | ||||||
6 | description of the purchased item or service or other | ||||||
7 | reason for the
deduction, and the recipient. The | ||||||
8 | distribution of net proceeds shall be
itemized as to payee, | ||||||
9 | purpose, amount and date of payment.
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10 | (2) Each political committee licensed to conduct | ||||||
11 | raffles shall report
on the next report due to be filed | ||||||
12 | under Article 9 of The Election Code
its gross receipts, | ||||||
13 | expenses and net proceeds
from raffles, and the | ||||||
14 | distribution of net proceeds itemized as required in
this | ||||||
15 | subsection.
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16 | Such reports shall be included in the regular reports | ||||||
17 | required of
political committees by Article 9 of The Election | ||||||
18 | Code.
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19 | (3) Records required by this subsection shall be | ||||||
20 | preserved for 3 years,
and political committees shall make | ||||||
21 | available their records relating to
operation of raffles | ||||||
22 | for public inspection at reasonable times and places.
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23 | (f) Violation of any provision of this Section is | ||||||
24 | punishable by a tiered fine of $500 for the first violation, | ||||||
25 | $1,000 for the second violation, and $1,500 for the third and | ||||||
26 | subsequent violations to be imposed by the State Board of |
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1 | Elections a Class
C misdemeanor .
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2 | (g) Nothing in this Section shall be construed to authorize | ||||||
3 | the conducting
or operating of any gambling scheme, enterprise, | ||||||
4 | activity or device other
than raffles as provided for herein.
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5 | (Source: P.A. 97-1150, eff. 1-25-13; 98-756, eff. 7-16-14.)
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