94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB1939

 

Introduced 2/25/2005, by Sen. Richard J. Winkel, Jr.

 

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 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.


LRB094 11488 AMC 42433 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1939 LRB094 11488 AMC 42433 b

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 Section
6 9-25.3 as follows:
 
7     (10 ILCS 5/9-25.3 new)
8     Sec. 9-25.3. Acceptance of prohibited contributions.
9     (a) No candidate, political committee, or public official
10 shall knowingly accept a contribution or anything of value from
11 or on behalf of a licensee or applicant for licensure under the
12 provisions of the Riverboat Gambling Act or the Illinois Horse
13 Racing Act of 1975, nor from any officer, director, holder, or
14 controller of a legal or beneficial interest in any such
15 license or application, nor from any gaming operations manager,
16 nor from any agent of any such person.
17     (b) A candidate, political committee, or public official
18 who violates subsection (a) of this Section for the first time
19 shall be guilty of a Class A misdemeanor.
20     (c) A candidate, political committee, or public official
21 must pay into the State treasury any contribution that (i)
22 violates this Section or (ii) would have violated this Section
23 if the contribution has been knowingly accepted by the
24 candidate, political committee, or public official.
25     (d) A candidate, political committee, or public official
26 who violates subsection (a) of this Section for a second or
27 subsequent time shall be guilty of a Class 4 felony. For a
28 second or subsequent violation of this Section, a fine shall be
29 imposed of not less than twice the amount of any contribution
30 accepted by the offending candidate, political committee, or
31 public official.
 

 

 

SB1939 - 2 - LRB094 11488 AMC 42433 b

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 an
8 organization license application to any person who has been
9 convicted of or is under an indictment for a crime of moral
10 turpitude or has violated any provision of the racing law of
11 this State or any rules of the Board.
12     (b) An organization licensee must notify the Board within
13 10 days of any change in the holders of a direct or indirect
14 interest in the ownership of the organization licensee. The
15 Board may, after hearing, revoke the organization license of
16 any person who registers on its books or knowingly permits a
17 direct or indirect interest in the ownership of that person
18 without notifying the Board of the name of the holder in
19 interest within this period.
20     (c) In addition to the provisions of subsection (a) of this
21 Section, no person shall be granted an organization license if
22 any public official of the State or member of his or her family
23 holds any ownership or financial interest, directly or
24 indirectly, in the person.
25     (d) No person which has been granted an organization
26 license to hold a race meeting shall knowingly give to any
27 public official or member of his family, directly or
28 indirectly, for or without consideration, any interest in the
29 person. The Board shall, after hearing, revoke the organization
30 license granted to a person which has violated this subsection.
31     (e) (Blank).
32     (f) No organization licensee or concessionaire or officer,
33 director or holder or controller of any 5% or more legal or
34 beneficial interest in any organization licensee or concession
35 shall knowingly make any sort of gift or contribution of any

 

 

SB1939 - 3 - LRB094 11488 AMC 42433 b

1 kind or pay or give any money or other thing of value to any
2 person who is a public official, or a candidate or nominee for
3 public office or to any political committee. A person shall be
4 guilty of a Class A misdemeanor for violating this subsection
5 for the first time. A person shall be guilty of a Class 4
6 felony and, in addition, shall suffer revocation of any license
7 granted under this Act if that person or any agent of that
8 person violates this subsection (f) for a second or subsequent
9 time.
10 (Source: P.A. 89-16, eff. 5-30-95.)
 
11     Section 15. The Riverboat Gambling Act is amended by
12 changing Section 18 and adding Section 13.2 as follows:
 
13     (230 ILCS 10/13.2 new)
14     Sec. 13.2. Ownership by public official; political
15 contributions.
16     (a) No licensee or applicant for licensure or agent thereof
17 shall knowingly give to any public official or member of his or
18 her family, directly or indirectly, for or without
19 consideration, any interest in shares of stock or certificates
20 or other evidences of ownership of any interest in an activity
21 licensed by the Board under this Act. The Board shall, after
22 hearing, revoke the license of any licensee found in violation
23 of this subsection (a).
24     (b) No licensee or applicant for licensure or officer,
25 director, holder, or controller of any legal or beneficial
26 interest in any license granted by the Board under this Act nor
27 any gaming operations manager or any agent of such person shall
28 knowingly make any sort of gift or contribution of any kind or
29 pay or give any money or other thing of value to any person who
30 is a public official, or a candidate or nominee for public
31 office, or to any agent of such person, or to any political
32 committee or other fund-raising entity that gives, lends, or
33 otherwise provides funds to meet the expenses of any candidate
34 for public office.
 

 

 

SB1939 - 4 - LRB094 11488 AMC 42433 b

1     (230 ILCS 10/18)  (from Ch. 120, par. 2418)
2     Sec. 18. Prohibited Activities - Penalty.
3     (a) A person is guilty of a Class A misdemeanor for doing
4 any of the following:
5         (1) Conducting gambling where wagering is used or to be
6     used without a license issued by the Board.
7         (2) Conducting gambling where wagering is permitted
8     other than in the manner specified by Section 11.
9         (3) Violating Section 13.2 of this Act for the first
10     time.
11     (b) A person is guilty of a Class B misdemeanor for doing
12 any of the following:
13         (1) permitting a person under 21 years to make a wager;
14     or
15         (2) violating paragraph (12) of subsection (a) of
16     Section 11 of this Act.
17     (c) A person wagering or accepting a wager at any location
18 outside the riverboat is subject to the penalties in paragraphs
19 (1) or (2) of subsection (a) of Section 28-1 of the Criminal
20 Code of 1961.
21     (d) A person commits a Class 4 felony and, in addition,
22 shall be barred for life from riverboats under the jurisdiction
23 of the Board, if the person does any of the following:
24         (1) Offers, promises, or gives anything of value or
25     benefit to a person who is connected with a riverboat owner
26     including, but not limited to, an officer or employee of a
27     licensed owner or holder of an occupational license
28     pursuant to an agreement or arrangement or with the intent
29     that the promise or thing of value or benefit will
30     influence the actions of the person to whom the offer,
31     promise, or gift was made in order to affect or attempt to
32     affect the outcome of a gambling game, or to influence
33     official action of a member of the Board.
34         (2) Solicits or knowingly accepts or receives a promise
35     of anything of value or benefit while the person is

 

 

SB1939 - 5 - LRB094 11488 AMC 42433 b

1     connected with a riverboat including, but not limited to,
2     an officer or employee of a licensed owner, or holder of an
3     occupational license, pursuant to an understanding or
4     arrangement or with the intent that the promise or thing of
5     value or benefit will influence the actions of the person
6     to affect or attempt to affect the outcome of a gambling
7     game, or to influence official action of a member of the
8     Board.
9         (3) Uses or possesses with the intent to use a device
10     to assist:
11             (i) In projecting the outcome of the game.
12             (ii) In keeping track of the cards played.
13             (iii) In analyzing the probability of the
14         occurrence of an event relating to the gambling game.
15             (iv) In analyzing the strategy for playing or
16         betting to be used in the game except as permitted by
17         the Board.
18         (4) Cheats at a gambling game.
19         (5) Manufactures, sells, or distributes any cards,
20     chips, dice, game or device which is intended to be used to
21     violate any provision of this Act.
22         (6) Alters or misrepresents the outcome of a gambling
23     game on which wagers have been made after the outcome is
24     made sure but before it is revealed to the players.
25         (7) Places a bet after acquiring knowledge, not
26     available to all players, of the outcome of the gambling
27     game which is subject of the bet or to aid a person in
28     acquiring the knowledge for the purpose of placing a bet
29     contingent on that outcome.
30         (8) Claims, collects, or takes, or attempts to claim,
31     collect, or take, money or anything of value in or from the
32     gambling games, with intent to defraud, without having made
33     a wager contingent on winning a gambling game, or claims,
34     collects, or takes an amount of money or thing of value of
35     greater value than the amount won.
36         (9) Uses counterfeit chips or tokens in a gambling

 

 

SB1939 - 6 - LRB094 11488 AMC 42433 b

1     game.
2         (10) Possesses any key or device designed for the
3     purpose of opening, entering, or affecting the operation of
4     a gambling game, drop box, or an electronic or mechanical
5     device connected with the gambling game or for removing
6     coins, tokens, chips or other contents of a gambling game.
7     This paragraph (10) does not apply to a gambling licensee
8     or employee of a gambling licensee acting in furtherance of
9     the employee's employment.
10     (e) The possession of more than one of the devices
11 described in subsection (d), paragraphs (3), (5) or (10)
12 permits a rebuttable presumption that the possessor intended to
13 use the devices for cheating.
14     (f) A person is guilty of a Class 4 felony and, in
15 addition, shall suffer revocation of any license granted by the
16 Board under this Act if such person or any agent thereof
17 violates Section 13.2 of this Act for a second or subsequent
18 time.
19     An action to prosecute any crime occurring on a riverboat
20 shall be tried in the county of the dock at which the riverboat
21 is based.
22 (Source: P.A. 91-40, eff. 6-25-99.)