Full Text of HB6955 093rd General Assembly
HB6955 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB6955
Introduced 02/09/04, by William B. Black 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 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.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB6955 |
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LRB093 19449 LRD 45187 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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HB6955 |
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LRB093 19449 LRD 45187 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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HB6955 |
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LRB093 19449 LRD 45187 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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HB6955 |
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LRB093 19449 LRD 45187 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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HB6955 |
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LRB093 19449 LRD 45187 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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HB6955 |
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LRB093 19449 LRD 45187 b |
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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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