State of Illinois
90th General Assembly
Legislation

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90_HB0885

      10 ILCS 5/9-25.3
      230 ILCS 5/24             from Ch. 8, par. 37-24
      230 ILCS 10/12.2
      230 ILCS 10/18            from Ch. 120, par. 2418
          Amends the Election Code, the Illinois Horse  Racing  Act
      of  1975,  and  the  Riverboat  Gambling  Act.   Prohibits  a
      candidate,  political  committee,  or  public  official  from
      accepting  anything of value from a licensee or applicant for
      licensure under the Illinois Horse Racing Act of 1975 or  the
      Riverboat  Gambling  Act.  Provides that an initial violation
      is a Class A misdemeanor and  a  subsequent  violation  is  a
      Class 4 felony.  Prohibits certain persons licensed under the
      Illinois  Horse  Racing Act of 1975 or the Riverboat Gambling
      Act from making certain  political  contributions.   Provides
      that  an  initial  violation  is  a Class A misdemeanor and a
      subsequent  violation  is  a  Class  4   felony.    Effective
      immediately.
                                                     LRB9003706LDdv
                                               LRB9003706LDdv
 1        AN  ACT  to  amend  certain Acts in relation to political
 2    contributions.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The  Election  Code  is  amended  by adding
 6    Section 9-25.3 as follows:
 7        (10 ILCS 5/9-25.3 new)
 8        Sec. 25.3.  Acceptance of prohibited contributions.
 9        (a)  No  candidate,  political   committee,   or   public
10    official  shall  accept  a  contribution or anything of value
11    from or on behalf of a licensee or  applicant  for  licensure
12    under  the  provisions  of  the Riverboat Gambling Act or the
13    Illinois Horse Racing Act of  1975,  nor  from  any  officer,
14    director,  holder,  or  controller  of  a legal or beneficial
15    interest in any such license or  application,  nor  from  any
16    gaming  operations  manager,  nor  from any agent of any such
17    person.
18        (b)  A candidate, political committee, or public official
19    who violates subsection (a) of this  Section  for  the  first
20    time   shall  be  guilty  of  a  Class  A  misdemeanor.   Any
21    contribution accepted by such candidate, political committee,
22    or public official in violation of this Section shall be paid
23    into the State Treasury.
24        (c)  A candidate, political committee, or public official
25    who violates subsection (a) of this Section for a  second  or
26    subsequent  time  shall be guilty of a Class 4 felony.  For a
27    second or subsequent violation of this Section, a fine  shall
28    be  imposed  of  not  less  than  twice  the  amount  of  any
29    contribution  accepted  by the offending candidate, political
30    committee, or public official.
                            -2-                LRB9003706LDdv
 1        Section 10.  The Illinois Horse Racing  Act  of  1975  is
 2    amended by changing Section 24 as follows:
 3        (230 ILCS 5/24) (from Ch. 8, par. 37-24)
 4        Sec. 24.  (a) No license shall be issued to or held by an
 5    organization  licensee unless all of its officers, directors,
 6    and holders of ownership interests of at least 5%  are  first
 7    approved  by the Board.  The Board shall not give approval of
 8    an organization license application to  any  person  who  has
 9    been  convicted  of  or is under an indictment for a crime of
10    moral turpitude or has violated any provision of  the  racing
11    law of this State or any rules of the Board.
12        (b)  An  organization  licensee  must  notify  the  Board
13    within  10  days  of any change in the holders of a direct or
14    indirect  interest  in  the  ownership  of  the  organization
15    licensee.   The  Board  may,  after   hearing,   revoke   the
16    organization license of any person who registers on its books
17    or  knowingly  permits  a  direct or indirect interest in the
18    ownership of that person without notifying the Board  of  the
19    name of the holder in interest within this period.
20        (c)  In  addition  to the provisions of subsection (a) of
21    this Section, no person  shall  be  granted  an  organization
22    license  if any public official of the State or member of his
23    or her family holds  any  ownership  or  financial  interest,
24    directly or indirectly, in the person.
25        (d)  No  person  which  has  been granted an organization
26    license to hold a race  meeting  shall  give  to  any  public
27    official or member of his family, directly or indirectly, for
28    or  without  consideration,  any interest in the person.  The
29    Board shall, after hearing, revoke the  organization  license
30    granted to a person which has violated this subsection.
31        (e)  (Blank).
32        (f)  No   organization   licensee  or  concessionaire  or
33    officer, director or holder or controller of any 5%  or  more
                            -3-                LRB9003706LDdv
 1    legal or  beneficial interest in any organization licensee or
 2    concession shall make any sort of gift or contribution of any
 3    kind  or pay or give any money or other thing of value to any
 4    person who is a public official, or a  candidate  or  nominee
 5    for  public  office  or  to any political committee. A person
 6    shall be guilty of a Class A misdemeanor for  violating  this
 7    subsection for the first time.  A person shall be guilty of a
 8    Class  4  felony and, in addition, shall suffer revocation of
 9    any license granted under this Act  if  that  person  or  any
10    agent  of  that  person  violates  this  subsection (f) for a
11    second or subsequent time.
12    (Source: P.A. 89-16, eff. 5-30-95.)
13        Section 15.  The Riverboat Gambling  Act  is  amended  by
14    changing Section 18 and adding Section 13.2 as follows:
15        (230 ILCS 10/13.2 new)
16        Sec.  13.2.   Ownership  by  public  official;  political
17    contributions.
18        (a)  No  licensee  or  applicant  for  licensure or agent
19    thereof shall give to any public official or member of his or
20    her  family,  directly  or   indirectly,   for   or   without
21    consideration,   any   interest   in   shares   of  stock  or
22    certificates or other evidences of ownership of any  interest
23    in  an  activity  licensed  by the Board under this Act.  The
24    Board  shall,  after  hearing,  revoke  the  license  of  any
25    licensee found in violation of this subsection (a).
26        (b)  No licensee or applicant for licensure  or  officer,
27    director,  holder,  or  controller of any legal or beneficial
28    interest in any license granted by the Board under  this  Act
29    nor any gaming operations manager or any agent of such person
30    shall  make  any  sort of gift or contribution of any kind or
31    pay or give any money or other thing of value to  any  person
32    who  is  a  public  official,  or  a candidate or nominee for
                            -4-                LRB9003706LDdv
 1    public office, or to any agent of  such  person,  or  to  any
 2    political  committee or other fund-raising entity that gives,
 3    lends, or otherwise provides funds to meet th expenses of any
 4    candidate for public office.
 5        (230 ILCS 10/18) (from Ch. 120, par. 2418)
 6        Sec. 18.  Prohibited Activities - Penalty.
 7        (a)  A person is guilty of  a  Class  A  misdemeanor  for
 8    doing any of the following:
 9             (1)  Operating  a  gambling excursion where wagering
10        is used or to be used without a  license  issued  by  the
11        Board.
12             (2)  Operating  a  gambling excursion where wagering
13        is permitted  other  than  in  the  manner  specified  by
14        Section 11.
15             (3)  Violating  Section  13.2  of  this  Act for the
16        first time.
17        (b)  A person is guilty of  a  Class  B  misdemeanor  for
18    doing any of the following:
19             (1)  permitting  a  person  under 21 years to make a
20        wager; or
21             (2)  violating paragraph (12) of subsection  (a)  of
22        Section 11 of this Act.
23        (c)  A  person  wagering  or  accepting  a  wager  at any
24    location outside the riverboat is subject to the penalties in
25    paragraphs (1) or (2) of subsection (a) of  Section  28-1  of
26    the Criminal Code of 1961.
27        (d)  A  person commits a Class 4 felony and, in addition,
28    shall  be  barred  for  life  from   riverboats   under   the
29    jurisdiction  of  the  Board,  if  the person does any of the
30    following:
31             (1)  Offers, promises, or gives anything of value or
32        benefit to a person who is  connected  with  a  riverboat
33        owner  including,  but  not  limited  to,  an  officer or
                            -5-                LRB9003706LDdv
 1        employee of a licensed owner or holder of an occupational
 2        license pursuant to an agreement or arrangement  or  with
 3        the  intent that the promise or thing of value or benefit
 4        will influence the actions of  the  person  to  whom  the
 5        offer,  promise,  or  gift was made in order to affect or
 6        attempt to affect the outcome of a gambling game,  or  to
 7        influence official action of a member of the Board.
 8             (2)  Solicits  or  knowingly  accepts  or receives a
 9        promise of anything of value or benefit while the  person
10        is  connected with a riverboat including, but not limited
11        to, an officer or employee of a licensed owner, or holder
12        of an occupational license, pursuant to an  understanding
13        or  arrangement  or  with  the intent that the promise or
14        thing of value or benefit will influence the  actions  of
15        the  person to affect or attempt to affect the outcome of
16        a gambling game, or to influence  official  action  of  a
17        member of the Board.
18             (3)  Uses  or  possesses  with  the  intent to use a
19        device to assist:
20                  (i)  In projecting the outcome of the game.
21                  (ii)  In keeping track of the cards played.
22                  (iii)  In  analyzing  the  probability  of  the
23             occurrence of an  event  relating  to  the  gambling
24             game.
25                  (iv)  In  analyzing the strategy for playing or
26             betting to be used in the game except  as  permitted
27             by the Board.
28             (4)  Cheats at a gambling game.
29             (5)  Manufactures,  sells, or distributes any cards,
30        chips, dice, game or device which is intended to be  used
31        to violate any provision of this Act.
32             (6)  Alters   or  misrepresents  the  outcome  of  a
33        gambling game on which wagers have been  made  after  the
34        outcome  is  made  sure  but before it is revealed to the
                            -6-                LRB9003706LDdv
 1        players.
 2             (7)  Places a bet  after  acquiring  knowledge,  not
 3        available  to all players, of the outcome of the gambling
 4        game which is subject of the bet or to aid  a  person  in
 5        acquiring  the knowledge for the purpose of placing a bet
 6        contingent on that outcome.
 7             (8)  Claims, collects,  or  takes,  or  attempts  to
 8        claim, collect, or take, money or anything of value in or
 9        from  the gambling games, with intent to defraud, without
10        having made a wager  contingent  on  winning  a  gambling
11        game, or claims, collects, or takes an amount of money or
12        thing of value of greater value than the amount won.
13             (9)  Uses  counterfeit chips or tokens in a gambling
14        game.
15             (10)  Possesses any key or device designed  for  the
16        purpose  of opening, entering, or affecting the operation
17        of a  gambling  game,  drop  box,  or  an  electronic  or
18        mechanical device connected with the gambling game or for
19        removing  coins,  tokens,   chips  or other contents of a
20        gambling game.  This paragraph (10) does not apply  to  a
21        gambling  licensee  or  employee  of  a gambling licensee
22        acting in furtherance of the employee's employment.
23        (e)  The possession of  more  than  one  of  the  devices
24    described  in  subsection  (d),  paragraphs  (3), (5) or (10)
25    permits a rebuttable presumption that the possessor  intended
26    to use the devices for cheating.
27        (f)  A  person  is  guilty  of  a  Class 4 felony and, in
28    addition, shall suffer revocation of any license  granted  by
29    the  Board under this Act if such person or any agent thereof
30    violates Section 13.2 of this Act for a second or  subsequent
31    time.
32        An  action  to  prosecute  any  crime  occurring during a
33    gambling excursion shall be tried in the county of  the  dock
34    at which the riverboat is based.
                            -7-                LRB9003706LDdv
 1    (Source: P.A. 86-1029; 87-826.)
 2        Section  99.  Effective date.  This Act takes effect upon
 3    becoming law.

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