HB6955 93RD GENERAL ASSEMBLY

LRB093 19449 LRD 45187 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6955

Introduced 02/09/04, by William B. Black

SYNOPSIS AS INTRODUCED:

10 ILCS 5/9-25.3 new
230 ILCS 5/24	from Ch. 8, par. 37-24
230 ILCS 10/13.2 new
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 knowingly 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 contributions that (i) violate those provisions or (ii) would have violated those provisions if they had been knowingly accepted must be deposited into the State treasury. Provides that an initial violation is a Class A misdemeanor and a subsequent violation is a Class 4 felony.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

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

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Election Code is amended by adding Section 9-25.3 as follows:

(10 ILCS 5/9-25.3 new)

Sec. 9-25.3. Acceptance of prohibited contributions.

(a) No candidate, political committee, or public official shall knowingly accept a contribution or anything of value from or on behalf of a licensee or applicant for licensure under the provisions of the Riverboat Gambling Act or the Illinois Horse Racing Act of 1975, nor from any officer, director, holder, or controller of a legal or beneficial interest in any such license or application, nor from any gaming operations manager, nor from any agent of any such person.

(b) A candidate, political committee, or public official who violates subsection (a) of this Section for the first time shall be guilty of a Class A misdemeanor.

(c) A candidate, political committee, or public official must pay into the State treasury any contribution that (i) violates this Section or (ii) would have violated this Section if the contribution has been knowingly accepted by the candidate, political committee, or public official.

(d) A candidate, political committee, or public official who violates subsection (a) of this Section for a second or subsequent time shall be guilty of a Class 4 felony. For a second or subsequent violation of this Section, a fine shall be imposed of not less than twice the amount of any contribution accepted by the offending candidate, political committee, or public official.

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

(230 ILCS 5/24) (from Ch. 8, par. 37-24)

Sec. 24. (a) No license shall be issued to or held by an organization licensee unless all of its officers, directors, and holders of ownership interests of at least 5% are first approved by the Board. The Board shall not give approval of an organization license application to any person who has been convicted of or is under an indictment for a crime of moral turpitude or has violated any provision of the racing law of this State or any rules of the Board.

(b) An organization licensee must notify the Board within 10 days of any change in the holders of a direct or indirect interest in the ownership of the organization licensee. The Board may, after hearing, revoke the organization license of any person who registers on its books or knowingly permits a direct or indirect interest in the ownership of that person without notifying the Board of the name of the holder in interest within this period.

(c) In addition to the provisions of subsection (a) of this Section, no person shall be granted an organization license if any public official of the State or member of his or her family holds any ownership or financial interest, directly or indirectly, in the person.

(d) No person which has been granted an organization license to hold a race meeting shall knowingly give to any public official or member of his family, directly or indirectly, for or without consideration, any interest in the person. The Board shall, after hearing, revoke the organization license granted to a person which has violated this subsection.

(e) (Blank).

(f) No organization licensee or concessionaire or officer, director or holder or controller of any 5% or more legal or beneficial interest in any organization licensee or concession shall knowingly make any sort of gift or contribution of any kind or pay or give any money or other thing of value to any person who is a public official, or a candidate or nominee for public office or to any political committee. A person shall be guilty of a Class A misdemeanor for violating this subsection for the first time. A person shall be guilty of a Class 4 felony and, in addition, shall suffer revocation of any license granted under this Act if that person or any agent of that person violates this subsection (f) for a second or subsequent time.

(Source: P.A. 89-16, eff. 5-30-95.)

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

(230 ILCS 10/13.2 new)

Sec. 13.2. Ownership by public official; political contributions.

(a) No licensee or applicant for licensure or agent thereof shall knowingly give to any public official or member of his or her family, directly or indirectly, for or without consideration, any interest in shares of stock or certificates or other evidences of ownership of any interest in an activity licensed by the Board under this Act. The Board shall, after hearing, revoke the license of any licensee found in violation of this subsection (a).

(b) No licensee or applicant for licensure or officer, director, holder, or controller of any legal or beneficial interest in any license granted by the Board under this Act nor any gaming operations manager or any agent of such person shall knowingly make any sort of gift or contribution of any kind or pay or give any money or other thing of value to any person who is a public official, or a candidate or nominee for public office, or to any agent of such person, or to any political committee or other fund-raising entity that gives, lends, or otherwise provides funds to meet the expenses of any candidate for public office.

(230 ILCS 10/18) (from Ch. 120, par. 2418)

Sec. 18. Prohibited Activities - Penalty.

(a) A person is guilty of a Class A misdemeanor for doing any of the following:

(1) Conducting gambling where wagering is used or to be used without a license issued by the Board.

(2) Conducting gambling where wagering is permitted other than in the manner specified by Section 11.

(3) Violating Section 13.2 of this Act for the first time.

(b) A person is guilty of a Class B misdemeanor for doing any of the following:

(1) permitting a person under 21 years to make a wager; or

(2) violating paragraph (12) of subsection (a) of Section 11 of this Act.

(c) A person wagering or accepting a wager at any location outside the riverboat is subject to the penalties in paragraphs (1) or (2) of subsection (a) of Section 28-1 of the Criminal Code of 1961.

(d) A person commits a Class 4 felony and, in addition, shall be barred for life from riverboats under the jurisdiction of the Board, if the person does any of the following:

(1) Offers, promises, or gives anything of value or benefit to a person who is connected with a riverboat owner including, but not limited to, an officer or employee of a licensed owner or holder of an occupational license pursuant to an agreement or arrangement or with the intent that the promise or thing of value or benefit will influence the actions of the person to whom the offer, promise, or gift was made in order to affect or attempt to affect the outcome of a gambling game, or to influence official action of a member of the Board.

(2) Solicits or knowingly accepts or receives a promise of anything of value or benefit while the person is connected with a riverboat including, but not limited to, an officer or employee of a licensed owner, or holder of an occupational license, pursuant to an understanding or arrangement or with the intent that the promise or thing of value or benefit will influence the actions of the person to affect or attempt to affect the outcome of a gambling game, or to influence official action of a member of the Board.

(3) Uses or possesses with the intent to use a device to assist:

(i) In projecting the outcome of the game.

(ii) In keeping track of the cards played.

(iii) In analyzing the probability of the occurrence of an event relating to the gambling game.

(iv) In analyzing the strategy for playing or betting to be used in the game except as permitted by the Board.

(4) Cheats at a gambling game.

(5) Manufactures, sells, or distributes any cards, chips, dice, game or device which is intended to be used to violate any provision of this Act.

(6) Alters or misrepresents the outcome of a gambling game on which wagers have been made after the outcome is made sure but before it is revealed to the players.

(7) Places a bet after acquiring knowledge, not available to all players, of the outcome of the gambling game which is subject of the bet or to aid a person in acquiring the knowledge for the purpose of placing a bet contingent on that outcome.

(8) Claims, collects, or takes, or attempts to claim, collect, or take, money or anything of value in or from the gambling games, with intent to defraud, without having made a wager contingent on winning a gambling game, or claims, collects, or takes an amount of money or thing of value of greater value than the amount won.

(9) Uses counterfeit chips or tokens in a gambling game.

(10) Possesses any key or device designed for the purpose of opening, entering, or affecting the operation of a gambling game, drop box, or an electronic or mechanical device connected with the gambling game or for removing coins, tokens, chips or other contents of a gambling game. This paragraph (10) does not apply to a gambling licensee or employee of a gambling licensee acting in furtherance of the employee's employment.

(e) The possession of more than one of the devices described in subsection (d), paragraphs (3), (5) or (10) permits a rebuttable presumption that the possessor intended to use the devices for cheating.

(f) A person is guilty of a Class 4 felony and, in addition, shall suffer revocation of any license granted by the Board under this Act if such person or any agent thereof violates Section 13.2 of this Act for a second or subsequent time.

An action to prosecute any crime occurring on a riverboat shall be tried in the county of the dock at which the riverboat is based.

(Source: P.A. 91-40, eff. 6-25-99.)