Full Text of SB2963 93rd General Assembly
SB2963 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB2963
Introduced 2/6/2004, by Richard J. Winkel Jr. SYNOPSIS AS INTRODUCED: |
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10 ILCS 5/9-25.3 new |
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230 ILCS 5/24 |
from Ch. 8, par. 37-24 |
230 ILCS 10/13.2 new |
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230 ILCS 10/18 |
from Ch. 120, par. 2418 |
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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.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
FISCAL NOTE ACT MAY APPLY |
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A BILL FOR
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SB2963 |
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LRB093 21098 LRD 47146 b |
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| AN ACT in relation to contributions to candidates, | 2 |
| political committees, and public officials.
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| Be it enacted by the People of the State of Illinois, | 4 |
| represented in the General Assembly:
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| Section 5. The Election Code is amended by adding Section | 6 |
| 9-25.3 as follows:
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| (10 ILCS 5/9-25.3 new)
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| Sec. 9-25.3. Acceptance of prohibited contributions.
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| (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
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| 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.
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| (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.
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| (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.
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| (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.
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LRB093 21098 LRD 47146 b |
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| Section 10. The Illinois Horse Racing Act of 1975 is | 2 |
| amended by changing
Section 24 as follows:
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| (230 ILCS 5/24) (from Ch. 8, par. 37-24)
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| 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
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| 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.
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| (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.
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| (c) In addition to the provisions of subsection
(a) of this | 21 |
| Section, no person shall be granted an
organization license if
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| any public official of the State or member of his
or her family | 23 |
| holds any ownership or financial interest, directly or
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| indirectly, in the person.
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| (d) No person which has been granted an organization
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| 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.
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| (e) (Blank).
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| (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
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| shall knowingly make any sort of
gift or contribution of any |
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LRB093 21098 LRD 47146 b |
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| 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
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| 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.
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| (Source: P.A. 89-16, eff. 5-30-95.)
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| Section 15. The Riverboat Gambling Act is amended by | 12 |
| changing Section 18 and
adding Section 13.2 as follows:
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| (230 ILCS 10/13.2 new)
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| Sec. 13.2. Ownership by public official; political | 15 |
| contributions.
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| (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).
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| (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
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| otherwise provides funds to meet the expenses of any candidate | 34 |
| for public
office.
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LRB093 21098 LRD 47146 b |
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| (230 ILCS 10/18) (from Ch. 120, par. 2418)
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| Sec. 18. Prohibited Activities - Penalty.
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| (a) A person is guilty of a Class A misdemeanor for doing | 4 |
| any of the
following:
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| (1) Conducting gambling where wagering
is used or to be | 6 |
| used
without a license issued by the Board.
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| (2) Conducting gambling where wagering
is permitted | 8 |
| other
than in the manner specified by Section 11.
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| (3) Violating Section 13.2 of this Act for the first | 10 |
| time.
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| (b) A person is guilty of a Class B misdemeanor for doing | 12 |
| any of the
following:
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| (1) permitting a person under 21 years to make a wager; | 14 |
| or
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| (2) violating paragraph (12) of subsection (a) of | 16 |
| Section 11 of this Act.
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| (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.
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| (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:
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| (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.
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| (2) Solicits or knowingly accepts or receives a promise | 35 |
| of anything of
value or benefit while the person is |
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LRB093 21098 LRD 47146 b |
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| 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
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| 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.
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| (3) Uses or possesses with the intent to use a device | 10 |
| to assist:
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| (i) In projecting the outcome of the game.
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| (ii) In keeping track of the cards played.
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| (iii) In analyzing the probability of the | 14 |
| occurrence of an event
relating to the gambling game.
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| (iv) In analyzing the strategy for playing or | 16 |
| betting to be used in the
game except as permitted by | 17 |
| the Board.
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| (4) Cheats at a gambling game.
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| (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.
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| (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.
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| (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
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| contingent on that outcome.
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| (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
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| greater value than the amount won.
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| (9) Uses counterfeit chips or tokens in a gambling |
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| game.
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| (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.
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| (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.
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| (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
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| time.
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| An action to prosecute any crime occurring on a riverboat
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| shall be tried in the county of the dock at which the riverboat | 21 |
| is based.
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| (Source: P.A. 91-40, eff. 6-25-99.)
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