State of Illinois
92nd General Assembly
Legislation

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[ House Amendment 001 ]


92_HB3580

 
                                              LRB9201903MWpkB

 1        AN  ACT  in  relation  to  contributions  to  candidates,
 2    political committees, and public officials.

 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. 9-25.3.  Acceptance of prohibited contributions.
 9        (a)  A candidate, political committee, or public official
10    may  not knowingly accept a contribution or anything of value
11    from or on behalf of (i) an entity that would be  subject  to
12    the  Riverboat  Gambling Act or the Illinois Horse Racing Act
13    of 1975 if that entity was doing business in Illinois, (ii) a
14    licensee or applicant for licensure under the  provisions  of
15    the  Riverboat  Gambling Act or the Illinois Horse Racing Act
16    of 1975, (iii) any officer, director, holder,  or  controller
17    of  a  legal  or  beneficial  interest in any such license or
18    application, (iv) any gaming operations manager, or  (v)  any
19    agent of any such person.
20        (b)  A candidate, political committee, or public official
21    who  violates  subsection  (a)  of this Section for the first
22    time is guilty of a Class A misdemeanor.
23        (c)  A candidate, political committee, or public official
24    must pay into the State treasury any  contribution  that  (i)
25    violates  this  Section  or  (ii)  would  have  violated this
26    Section if the contribution had been  knowingly  accepted  by
27    the candidate, political committee, or public official.
28        (d)  A candidate, political committee, or public official
29    who  violates  subsection (a) of this Section for a second or
30    subsequent time is guilty of a Class 4 felony.  For a  second
31    or  subsequent  violation  of  this  Section,  a fine must be
 
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 1    imposed of not less than twice the amount of any contribution
 2    accepted by the offending candidate, political committee,  or
 3    public official.

 4        Section  10.   The  Illinois  Horse Racing Act of 1975 is
 5    amended by changing Section 24 as follows:

 6        (230 ILCS 5/24) (from Ch. 8, par. 37-24)
 7        Sec. 24.  (a) No license shall be issued to or held by an
 8    organization licensee unless all of its officers,  directors,
 9    and  holders  of ownership interests of at least 5% are first
10    approved by the Board.  The Board shall not give approval  of
11    an  organization  license  application  to any person who has
12    been convicted of or is under an indictment for  a  crime  of
13    moral  turpitude  or has violated any provision of the racing
14    law of this State or any rules of the Board.
15        (b)  An  organization  licensee  must  notify  the  Board
16    within 10 days of any change in the holders of  a  direct  or
17    indirect  interest  in  the  ownership  of  the  organization
18    licensee.    The   Board   may,  after  hearing,  revoke  the
19    organization license of any person who registers on its books
20    or knowingly permits a direct or  indirect  interest  in  the
21    ownership  of  that person without notifying the Board of the
22    name of the holder in interest within this period.
23        (c)  In addition to the provisions of subsection  (a)  of
24    this  Section,  no  person  shall  be granted an organization
25    license if any public official of the State or member of  his
26    or  her  family  holds  any  ownership or financial interest,
27    directly or indirectly, in the person.
28        (d)  No person which has  been  granted  an  organization
29    license  to  hold  a race meeting shall knowingly give to any
30    public  official  or  member  of  his  family,  directly   or
31    indirectly, for or without consideration, any interest in the
32    person.    The   Board   shall,  after  hearing,  revoke  the
 
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 1    organization license granted to a person which  has  violated
 2    this subsection.
 3        (e)  (Blank).
 4        (f)  No   organization   licensee  or  concessionaire  or
 5    officer, director or holder or controller of any 5%  or  more
 6    legal or  beneficial interest in any organization licensee or
 7    concession   shall   knowingly  make  any  sort  of  gift  or
 8    contribution of any kind or pay or give any  money  or  other
 9    thing  of  value to any person who is a public official, or a
10    candidate or nominee for public office, or to  any  political
11    committee.  A  person  is guilty of a Class A misdemeanor for
12    violating this subsection (f) for the first time.   A  person
13    is  guilty of a Class 4 felony and, in addition, shall suffer
14    revocation of any license granted  under  this  Act  if  that
15    person  or  any agent of that person violates this subsection
16    (f) for a second or subsequent time.
17    (Source: P.A. 89-16, eff. 5-30-95.)

18        Section 15.  The Riverboat Gambling  Act  is  amended  by
19    changing Section 18 and adding Section 13.2 as follows:

20        (230 ILCS 10/13.2 new)
21        Sec.  13.2.   Ownership  by  public  official;  political
22    contributions.
23        (a)  No  licensee  or  applicant  for  licensure or agent
24    thereof may knowingly give to any public official  or  member
25    of  his or her family, directly or indirectly, for or without
26    consideration,  any  interest   in   shares   of   stock   or
27    certificates  or other evidences of ownership of any interest
28    in an activity licensed by the Board  under  this  Act.   The
29    Board must, after hearing, revoke the license of any licensee
30    found in violation of this subsection (a).
31        (b)  No  licensee  or applicant for licensure or officer,
32    director, holder, or controller of any  legal  or  beneficial
 
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 1    interest  in  any license granted by the Board under this Act
 2    nor any gaming operations manager or any agent of that person
 3    may knowingly make any sort of gift or  contribution  of  any
 4    kind  or  pay  or  give any money or other thing of value, as
 5    defined in Section 9-1.12 of the Election Code, to any person
 6    who is a public official,  or  a  candidate  or  nominee  for
 7    public  office,  or  to  any  agent of that person, or to any
 8    political committee or other fund-raising entity that  gives,
 9    lends,  or  otherwise  provides funds to meet the expenses of
10    any candidate for public office.

11        (230 ILCS 10/18) (from Ch. 120, par. 2418)
12        Sec. 18.  Prohibited Activities - Penalty.
13        (a)  A person is guilty of  a  Class  A  misdemeanor  for
14    doing any of the following:
15             (1)  Conducting  gambling  where wagering is used or
16        to be used without a license issued by the Board.
17             (2)  Conducting gambling where wagering is permitted
18        other than in the manner specified by Section 11.
19             (3)  Violating Section 13.2  of  this  Act  for  the
20        first time.
21        (b)  A  person  is  guilty  of  a Class B misdemeanor for
22    doing any of the following:
23             (1)  permitting a person under 21 years  to  make  a
24        wager; or
25             (2)  violating  paragraph  (12) of subsection (a) of
26        Section 11 of this Act.
27        (c)  A person  wagering  or  accepting  a  wager  at  any
28    location outside the riverboat is subject to the penalties in
29    paragraphs  (1)  or  (2) of subsection (a) of Section 28-1 of
30    the Criminal Code of 1961.
31        (d)  A person commits a Class 4 felony and, in  addition,
32    shall   be   barred   for  life  from  riverboats  under  the
33    jurisdiction of the Board, if the  person  does  any  of  the
 
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 1    following:
 2             (1)  Offers, promises, or gives anything of value or
 3        benefit  to  a  person  who is connected with a riverboat
 4        owner including,  but  not  limited  to,  an  officer  or
 5        employee of a licensed owner or holder of an occupational
 6        license  pursuant  to an agreement or arrangement or with
 7        the intent that the promise or thing of value or  benefit
 8        will  influence  the  actions  of  the person to whom the
 9        offer, promise, or gift was made in order  to  affect  or
10        attempt  to  affect the outcome of a gambling game, or to
11        influence official action of a member of the Board.
12             (2)  Solicits or knowingly  accepts  or  receives  a
13        promise  of anything of value or benefit while the person
14        is connected with a riverboat including, but not  limited
15        to, an officer or employee of a licensed owner, or holder
16        of  an occupational license, pursuant to an understanding
17        or arrangement or with the intent  that  the  promise  or
18        thing  of  value or benefit will influence the actions of
19        the person to affect or attempt to affect the outcome  of
20        a  gambling  game,  or  to influence official action of a
21        member of the Board.
22             (3)  Uses or possesses with  the  intent  to  use  a
23        device to assist:
24                  (i)  In projecting the outcome of the game.
25                  (ii)  In keeping track of the cards played.
26                  (iii)  In  analyzing  the  probability  of  the
27             occurrence  of  an  event  relating  to the gambling
28             game.
29                  (iv)  In analyzing the strategy for playing  or
30             betting  to  be used in the game except as permitted
31             by the Board.
32             (4)  Cheats at a gambling game.
33             (5)  Manufactures, sells, or distributes any  cards,
34        chips,  dice, game or device which is intended to be used
 
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 1        to violate any provision of this Act.
 2             (6)  Alters  or  misrepresents  the  outcome  of   a
 3        gambling  game  on  which wagers have been made after the
 4        outcome is made sure but before it  is  revealed  to  the
 5        players.
 6             (7)  Places  a  bet  after  acquiring knowledge, not
 7        available to all players, of the outcome of the  gambling
 8        game  which  is  subject of the bet or to aid a person in
 9        acquiring the knowledge for the purpose of placing a  bet
10        contingent on that outcome.
11             (8)  Claims,  collects,  or  takes,  or  attempts to
12        claim, collect, or take, money or anything of value in or
13        from the gambling games, with intent to defraud,  without
14        having  made  a  wager  contingent  on winning a gambling
15        game, or claims, collects, or takes an amount of money or
16        thing of value of greater value than the amount won.
17             (9)  Uses counterfeit chips or tokens in a  gambling
18        game.
19             (10)  Possesses  any  key or device designed for the
20        purpose of opening, entering, or affecting the  operation
21        of  a  gambling  game,  drop  box,  or  an  electronic or
22        mechanical device connected with the gambling game or for
23        removing coins, tokens,  chips or  other  contents  of  a
24        gambling  game.   This paragraph (10) does not apply to a
25        gambling licensee or  employee  of  a  gambling  licensee
26        acting in furtherance of the employee's employment.
27        (e)  The  possession  of  more  than  one  of the devices
28    described in subsection (d),  paragraphs  (3),  (5)  or  (10)
29    permits  a rebuttable presumption that the possessor intended
30    to use the devices for cheating.
31        (f)  A person is guilty of  a  Class  4  felony  and,  in
32    addition,  shall  suffer revocation of any license granted by
33    the Board under this Act if such person or any agent  thereof
34    violates  Section 13.2 of this Act for a second or subsequent
 
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 1    time.
 2        An action to prosecute any crime occurring on a riverboat
 3    shall be tried in  the  county  of  the  dock  at  which  the
 4    riverboat is based.
 5    (Source: P.A. 91-40, eff. 6-25-99.)

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

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