093_SB1089

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

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

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

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

18        (230 ILCS 10/13.2 new)
19        Sec.  13.2.   Ownership  by  public  official;  political
20    contributions.
21        (a)  No licensee or  applicant  for  licensure  or  agent
22    thereof shall knowingly give to any public official or member
23    of  his or her family, directly or indirectly, for or without
24    consideration,  any  interest   in   shares   of   stock   or
25    certificates  or other evidences of ownership of any interest
26    in an activity licensed by the Board  under  this  Act.   The
27    Board  shall,  after  hearing,  revoke  the  license  of  any
28    licensee found in violation of this subsection (a).
29        (b)  No  licensee  or applicant for licensure or officer,
30    director, holder, or controller of any  legal  or  beneficial
31    interest  in  any license granted by the Board under this Act
32    nor any gaming operations manager or any agent of such person
 
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 1    shall knowingly make any sort of gift or contribution of  any
 2    kind  or pay or give any money or other thing of value to any
 3    person who is a public official, or a  candidate  or  nominee
 4    for  public office, or to any agent of such person, or to any
 5    political committee or other fund-raising entity that  gives,
 6    lends,  or  otherwise  provides funds to meet the expenses of
 7    any candidate for public office.

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