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90_HB0885eng
10 ILCS 5/9-25.3
230 ILCS 5/24 from Ch. 8, par. 37-24
230 ILCS 10/12.2
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. Effective
immediately.
LRB9003706LDdv
HB0885 Engrossed LRB9003706LDdv
1 AN ACT to amend certain Acts in relation to political
2 contributions.
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 accept a contribution or anything of value
11 from or on behalf of a licensee or applicant for licensure
12 under the provisions of the Riverboat Gambling Act or the
13 Illinois Horse Racing Act of 1975, nor from any officer,
14 director, holder, or controller of a legal or beneficial
15 interest in any such license or application, nor from any
16 gaming operations manager, nor from any agent of any such
17 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. Any
21 contribution accepted by such candidate, political committee,
22 or public official in violation of this Section shall be paid
23 into the State Treasury.
24 (c) A candidate, political committee, or public official
25 who violates subsection (a) of this Section for a second or
26 subsequent time shall be guilty of a Class 4 felony. For a
27 second or subsequent violation of this Section, a fine shall
28 be imposed of not less than twice the amount of any
29 contribution accepted by the offending candidate, political
30 committee, or public official.
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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
8 an organization license application to any person who has
9 been convicted of or is under an indictment for a crime of
10 moral turpitude or has violated any provision of the racing
11 law of this State or any rules of the Board.
12 (b) An organization licensee must notify the Board
13 within 10 days of any change in the holders of a direct or
14 indirect interest in the ownership of the organization
15 licensee. The Board may, after hearing, revoke the
16 organization license of any person who registers on its books
17 or knowingly permits a direct or indirect interest in the
18 ownership of that person without notifying the Board of the
19 name of the holder in interest within this period.
20 (c) In addition to the provisions of subsection (a) of
21 this Section, no person shall be granted an organization
22 license if any public official of the State or member of his
23 or her family holds any ownership or financial interest,
24 directly or indirectly, in the person.
25 (d) No person which has been granted an organization
26 license to hold a race meeting shall give to any public
27 official or member of his family, directly or indirectly, for
28 or without consideration, any interest in the person. The
29 Board shall, after hearing, revoke the organization license
30 granted to a person which has violated this subsection.
31 (e) (Blank).
32 (f) No organization licensee or concessionaire or
33 officer, director or holder or controller of any 5% or more
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1 legal or beneficial interest in any organization licensee or
2 concession shall make any sort of gift or contribution of any
3 kind or pay or give any money or other thing of value to any
4 person who is a public official, or a candidate or nominee
5 for public office or to any political committee. A person
6 shall be guilty of a Class A misdemeanor for violating this
7 subsection for the first time. A person shall be guilty of a
8 Class 4 felony and, in addition, shall suffer revocation of
9 any license granted under this Act if that person or any
10 agent of that person violates this subsection (f) for a
11 second or subsequent time.
12 (Source: P.A. 89-16, eff. 5-30-95.)
13 Section 15. The Riverboat Gambling Act is amended by
14 changing Section 18 and adding Section 13.2 as follows:
15 (230 ILCS 10/13.2 new)
16 Sec. 13.2. Ownership by public official; political
17 contributions.
18 (a) No licensee or applicant for licensure or agent
19 thereof shall give to any public official or member of his or
20 her family, directly or indirectly, for or without
21 consideration, any interest in shares of stock or
22 certificates or other evidences of ownership of any interest
23 in an activity licensed by the Board under this Act. The
24 Board shall, after hearing, revoke the license of any
25 licensee found in violation of this subsection (a).
26 (b) No licensee or applicant for licensure or officer,
27 director, holder, or controller of any legal or beneficial
28 interest in any license granted by the Board under this Act
29 nor any gaming operations manager or any agent of such person
30 shall make any sort of gift or contribution of any kind or
31 pay or give any money or other thing of value to any person
32 who is a public official, or a candidate or nominee for
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1 public office, or to any agent of such person, or to any
2 political committee or other fund-raising entity that gives,
3 lends, or otherwise provides funds to meet the expenses of
4 any candidate for public office.
5 (230 ILCS 10/18) (from Ch. 120, par. 2418)
6 Sec. 18. Prohibited Activities - Penalty.
7 (a) A person is guilty of a Class A misdemeanor for
8 doing any of the following:
9 (1) Operating a gambling excursion where wagering
10 is used or to be used without a license issued by the
11 Board.
12 (2) Operating a gambling excursion where wagering
13 is permitted other than in the manner specified by
14 Section 11.
15 (3) Violating Section 13.2 of this Act for the
16 first time.
17 (b) A person is guilty of a Class B misdemeanor for
18 doing any of the following:
19 (1) permitting a person under 21 years to make a
20 wager; or
21 (2) violating paragraph (12) of subsection (a) of
22 Section 11 of this Act.
23 (c) A person wagering or accepting a wager at any
24 location outside the riverboat is subject to the penalties in
25 paragraphs (1) or (2) of subsection (a) of Section 28-1 of
26 the Criminal Code of 1961.
27 (d) A person commits a Class 4 felony and, in addition,
28 shall be barred for life from riverboats under the
29 jurisdiction of the Board, if the person does any of the
30 following:
31 (1) Offers, promises, or gives anything of value or
32 benefit to a person who is connected with a riverboat
33 owner including, but not limited to, an officer or
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1 employee of a licensed owner or holder of an occupational
2 license pursuant to an agreement or arrangement or with
3 the intent that the promise or thing of value or benefit
4 will influence the actions of the person to whom the
5 offer, promise, or gift was made in order to affect or
6 attempt to affect the outcome of a gambling game, or to
7 influence official action of a member of the Board.
8 (2) Solicits or knowingly accepts or receives a
9 promise of anything of value or benefit while the person
10 is connected with a riverboat including, but not limited
11 to, an officer or employee of a licensed owner, or holder
12 of an occupational license, pursuant to an understanding
13 or arrangement or with the intent that the promise or
14 thing of value or benefit will influence the actions of
15 the person to affect or attempt to affect the outcome of
16 a gambling game, or to influence official action of a
17 member of the Board.
18 (3) Uses or possesses with the intent to use a
19 device to assist:
20 (i) In projecting the outcome of the game.
21 (ii) In keeping track of the cards played.
22 (iii) In analyzing the probability of the
23 occurrence of an event relating to the gambling
24 game.
25 (iv) In analyzing the strategy for playing or
26 betting to be used in the game except as permitted
27 by the Board.
28 (4) Cheats at a gambling game.
29 (5) Manufactures, sells, or distributes any cards,
30 chips, dice, game or device which is intended to be used
31 to violate any provision of this Act.
32 (6) Alters or misrepresents the outcome of a
33 gambling game on which wagers have been made after the
34 outcome is made sure but before it is revealed to the
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1 players.
2 (7) Places a bet after acquiring knowledge, not
3 available to all players, of the outcome of the gambling
4 game which is subject of the bet or to aid a person in
5 acquiring the knowledge for the purpose of placing a bet
6 contingent on that outcome.
7 (8) Claims, collects, or takes, or attempts to
8 claim, collect, or take, money or anything of value in or
9 from the gambling games, with intent to defraud, without
10 having made a wager contingent on winning a gambling
11 game, or claims, collects, or takes an amount of money or
12 thing of value of greater value than the amount won.
13 (9) Uses counterfeit chips or tokens in a gambling
14 game.
15 (10) Possesses any key or device designed for the
16 purpose of opening, entering, or affecting the operation
17 of a gambling game, drop box, or an electronic or
18 mechanical device connected with the gambling game or for
19 removing coins, tokens, chips or other contents of a
20 gambling game. This paragraph (10) does not apply to a
21 gambling licensee or employee of a gambling licensee
22 acting in furtherance of the employee's employment.
23 (e) The possession of more than one of the devices
24 described in subsection (d), paragraphs (3), (5) or (10)
25 permits a rebuttable presumption that the possessor intended
26 to use the devices for cheating.
27 (f) A person is guilty of a Class 4 felony and, in
28 addition, shall suffer revocation of any license granted by
29 the Board under this Act if such person or any agent thereof
30 violates Section 13.2 of this Act for a second or subsequent
31 time.
32 An action to prosecute any crime occurring during a
33 gambling excursion shall be tried in the county of the dock
34 at which the riverboat is based.
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1 (Source: P.A. 86-1029; 87-826.)
2 Section 99. Effective date. This Act takes effect upon
3 becoming law.