Bill Text: IL HB5017 | 2013-2014 | 98th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Amends the Illinois Horse Racing Act of 1975. Makes a technical change in a Section concerning the short title.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Passed) 2014-08-26 - Public Act . . . . . . . . . 98-1071 [HB5017 Detail]

Download: Illinois-2013-HB5017-Amended.html

---

Rep. Ed Sullivan, Jr.

Filed: 2/11/2014

09800HB5017ham001 LRB098 16514 ZMM 55593 a
AMENDMENT TO HOUSE BILL 5017
AMENDMENT NO. ______. Amend House Bill 5017 by replacing
everything after the enacting clause with the following:
"Section 5. The Charitable Games Act is amended by changing
Sections 4, 5.1, and 8 as follows:
(230 ILCS 30/4) (from Ch. 120, par. 1124)
Sec. 4. Licensing Restrictions. Licensing for the
conducting of charitable games is subject to the following
restrictions:
(1) The license application, when submitted to the
Department of Revenue, must contain a sworn statement
attesting to the not-for-profit character of the
prospective licensee organization, signed by a person
listed on the application as an owner, officer, or other
person in charge of the necessary day-to-day operations.
The application shall contain the name of the person in

09800HB5017ham001 - 2 - LRB098 16514 ZMM 55593 a
charge of and primarily responsible for the conduct of the
charitable games. The person so designated shall be present
on the premises continuously during charitable games.
(2) The license application shall be prepared by the
prospective licensee organization or its duly authorized
representative in accordance with the rules of the
Department of Revenue.
(2.1) The organization shall maintain among its books
and records a list of the names, addresses, social security
numbers, and dates of birth of all persons who will
participate in the management or operation of the games,
along with a sworn statement made under penalties of
perjury, signed by a person listed on the application as an
owner, officer, or other person in charge of the necessary
day-to-day operations, that the persons listed as
participating in the management or operation of the games
are bona fide members, volunteers as defined in Section 2,
or employees of the applicant, that these persons have not
participated in the management or operation of more than 12
charitable games events conducted by any licensee in the
calendar year, and that these persons will receive no
remuneration or compensation, directly or indirectly from
any source, for participating in the management or
operation of the games. Any amendments to this listing must
contain an identical sworn statement.
(2.2) (Blank).

09800HB5017ham001 - 3 - LRB098 16514 ZMM 55593 a
(3) Each license shall state the date, hours and at
what locations the licensee is permitted to conduct
charitable games.
(4) Each licensee shall file a copy of the license with
each police department or, if in unincorporated areas, each
sheriff's office whose jurisdiction includes the premises
on which the charitable games are authorized under the
license.
(5) The licensee shall prominently display the license
in the area where the licensee is to conduct charitable
games. The licensee shall likewise display, in the form and
manner prescribed by the Department, the provisions of
Section 9 of this Act.
(6) (Blank).
(7) (Blank).
(8) A license is not assignable or transferable.
(9) Unless the premises for conducting charitable
games are provided by a municipality, the Department shall
not issue a license permitting a person, firm or
corporation to sponsor a charitable games night if the
premises for the conduct of the charitable games has been
previously used for 12 charitable games nights during the
previous 12 months.
(10) Auxiliary organizations of a licensee shall not be
eligible for a license to conduct charitable games, except
for auxiliary organizations of veterans organizations as

09800HB5017ham001 - 4 - LRB098 16514 ZMM 55593 a
authorized in Section 2.
(11) Charitable games must be conducted in accordance
with local building and fire code requirements.
(12) The licensee shall consent to allowing the
Department's employees to be present on the premises
wherein the charitable games are conducted and to inspect
or test equipment, devices and supplies used in the conduct
of the game.
Nothing in this Section shall be construed to prohibit a
licensee that conducts charitable games on its own premises
from also obtaining a providers' license in accordance with
Section 5.1. The maximum number of charitable games events that
may be held in any one premises is limited to no more than 12
charitable games events per calendar year one charitable games
event per month.
(Source: P.A. 98-377, eff. 1-1-14.)
(230 ILCS 30/5.1) (from Ch. 120, par. 1125.1)
Sec. 5.1. If a licensee conducts charitable games on its
own premises, the licensee may also obtain a providers' license
in accordance with Section 5 to allow the licensee to rent or
otherwise provide its premises to another licensee for the
conducting of an additional 4 charitable games events. The
maximum number of charitable games events that may be held at
any one premises is limited to 12 8 charitable games events per
calendar year.

09800HB5017ham001 - 5 - LRB098 16514 ZMM 55593 a
(Source: P.A. 94-986, eff. 6-30-06.)
(230 ILCS 30/8) (from Ch. 120, par. 1128)
Sec. 8. The conducting of charitable games is subject to
the following restrictions:
(1) The entire net proceeds from charitable games must
be exclusively devoted to the lawful purposes of the
organization permitted to conduct that game.
(2) No person except a bona fide member or employee of
the sponsoring organization, or a volunteer recruited by
the sponsoring organization, may participate in the
management or operation of the game. A person participates
in the management or operation of a charitable game when he
or she sells admission tickets at the event; sells,
redeems, or in any way assists in the selling or redeeming
of chips, scrip, or play money; participates in the
conducting of any of the games played during the event, or
supervises, directs or instructs anyone conducting a game;
or at any time during the hours of the charitable games
event counts, handles, or supervises anyone counting or
handling any of the proceeds or chips, scrip, or play money
at the event. A person who is present to ensure that the
games are being conducted in conformance with the rules
established by the licensed organization or is present to
insure that the equipment is working properly is considered
to be participating in the management or operation of a

09800HB5017ham001 - 6 - LRB098 16514 ZMM 55593 a
game. Setting up, cleaning up, selling food and drink, or
providing security for persons or property at the event
does not constitute participation in the management or
operation of the game.
Only bona fide members, volunteers as defined in
Section 2 of this Act, and employees of the sponsoring
organization may participate in the management or
operation of the games. Participation in the management or
operation of the games is limited to no more than 12
charitable games events, either of the sponsoring
organization or any other licensed organization, during a
calendar year.
(3) No person may receive any remuneration or
compensation either directly or indirectly from any source
for participating in the management or operation of the
game.
(4) No single bet at any house-banked game may exceed
$20.
(5) A bank shall be established on the premises to
convert currency into chips, scrip, or other form of play
money which shall then be used to play at games of chance
which the participant chooses. Chips, scrip, or play money
must be permanently monogrammed with the supplier license
number or logo or charitable games license number of a
licensed organization or of the supplier. Each participant
must be issued a receipt indicating the amount of chips,

09800HB5017ham001 - 7 - LRB098 16514 ZMM 55593 a
scrip, or play money purchased.
(6) At the conclusion of the event or when the
participant leaves, he or she may cash in his or her chips,
scrip, or play money in exchange for currency not to exceed
$500 in cash winnings or unlimited noncash prizes. Each
participant shall sign for any receipt of prizes. The
licensee shall provide the Department of Revenue with a
listing of all prizes awarded, including the retail value
of all prizes awarded.
(7) Each licensee shall be permitted to conduct
charitable games on not more than 4 days each year. Nothing
in this Section shall be construed to prohibit a licensee
that conducts charitable games on its own premises from
also obtaining a providers' license in accordance with
Section 7 of this Act.
(8) Unless the provider of the premises is a
municipality, the provider of the premises may not rent or
otherwise provide the premises for the conducting of more
than 12 charitable games nights per calendar year one
charitable games night per month.
(9) A charitable games event is considered to be a
one-day event and charitable games may not be played
between the hours of 2:00 a.m. and noon.
(10) No person under the age of 18 years may play or
participate in the conducting of charitable games. Any
person under the age of 18 years may be within the area

09800HB5017ham001 - 8 - LRB098 16514 ZMM 55593 a
where charitable games are being played only when
accompanied by his parent or guardian.
(11) No one other than the sponsoring organization of
charitable games must have a proprietary interest in the
game promoted.
(12) Raffles or other forms of gambling prohibited by
law shall not be conducted on the premises where charitable
games are being conducted.
(13) Such games are not expressly prohibited by county
ordinance for charitable games conducted in the
unincorporated areas of the county or municipal ordinance
for charitable games conducted in the municipality and the
ordinance is filed with the Department of Revenue. The
Department shall provide each county or municipality with a
list of organizations licensed or subsequently authorized
by the Department to conduct charitable games in their
jurisdiction.
(14) The sale of tangible personal property at
charitable games is subject to all State and local taxes
and obligations.
(15) Each licensee may offer or conduct only the games
listed below, which must be conducted in accordance with
rules posted by the organization. The organization
sponsoring charitable games shall promulgate rules, and
make printed copies available to participants, for the
following games: (a) roulette; (b) blackjack; (c) poker;

09800HB5017ham001 - 9 - LRB098 16514 ZMM 55593 a
(d) pull tabs; (e) craps; (f) bang; (g) beat the dealer;
(h) big six; (i) gin rummy; (j) five card stud poker; (k)
chuck-a-luck; (l) keno; (m) hold-em poker; and (n)
merchandise wheel. A licensee need not offer or conduct
every game permitted by law. The conducting of games not
listed above is prohibited by this Act.
(16) No slot machines or coin-in-the-slot-operated
devices that allow a participant to play games of chance
shall be permitted to be used at the location and during
the time at which the charitable games are being conducted.
However, establishments that have video gaming terminals
licensed under the Video Gaming Act may operate them along
with charitable games under rules adopted by the
Department.
(17) No cards, dice, wheels, or other equipment may be
modified or altered so as to give the licensee a greater
advantage in winning, other than as provided under the
normal rules of play of a particular game.
(18) No credit shall be extended to any of the
participants.
(19) (Blank).
(20) A supplier may have only one representative
present at the charitable games event, for the exclusive
purpose of ensuring that its equipment is not damaged.
(21) No employee, owner, or officer of a consultant
service hired by a licensed organization to perform

09800HB5017ham001 - 10 - LRB098 16514 ZMM 55593 a
services at the event including, but not limited to,
security for persons or property at the event or services
before the event including, but not limited to, training
for volunteers or advertising may participate in the
management or operation of the games.
(22) (Blank).
(Source: P.A. 98-377, eff. 1-1-14.)".