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91_SB1519
LRB9112158LDdv
1 AN ACT in relation to rivers.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 River Beautiful Act.
6 Section 5. Definitions. When used in this Act:
7 "Department" means the Department of Energy and Natural
8 Resources.
9 Section 10. Administration of program. The Department
10 is designated as the agency to administer the River Beautiful
11 Program created for the purpose of monitoring and maintaining
12 the rivers of Illinois.
13 Section 15. Programs. The Department shall collect data
14 and monitor the condition of the rivers of Illinois and make
15 determinations as to how to best preserve and protect them.
16 Programs addressing siltation, litter control, pollution and
17 dredging shall be initiated for qualifying rivers pursuant to
18 rules promulgated by the Department.
19 Section 20. Contracts; expenditures. The Department may
20 enter into contracts and expend moneys from the River
21 Beautiful Fund, subject to appropriations made by the General
22 Assembly, for the purpose of dredging and maintaining
23 Illinois rivers, including siltation activities and litter
24 and pollution controls for the other purposes authorized by
25 this Act.
26 Section 25. Assistance from other agencies. The
27 Department of Transportation, the Environmental Protection
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1 Agency, and units of local government shall assist and
2 cooperate with the Department upon request.
3 Section 30. Rules. The Department shall establish rules
4 and regulations regarding implementation and administration
5 of this Act.
6 Section 35. River Beautiful Fund. There is hereby
7 created the River Beautiful Fund, which is created as a
8 special fund in the State Treasury. The River Beautiful Fund
9 shall consist of moneys paid into it pursuant to Section 13
10 of the Riverboat Gambling Act. Moneys in the Fund may be
11 expended by the Department pursuant to Section 20.
12 Section 90. The Riverboat Gambling Act is amended by
13 changing Section 13 as follows:
14 (230 ILCS 10/13) (from Ch. 120, par. 2413)
15 Sec. 13. Wagering tax; rate; distribution.
16 (a) Until January 1, 1998, a tax is imposed on the
17 adjusted gross receipts received from gambling games
18 authorized under this Act at the rate of 20%.
19 Beginning January 1, 1998, a privilege tax is imposed on
20 persons engaged in the business of conducting riverboat
21 gambling operations, based on the adjusted gross receipts
22 received by a licensed owner from gambling games authorized
23 under this Act at the following rates:
24 15% of annual adjusted gross receipts up to and
25 including $25,000,000;
26 20% of annual adjusted gross receipts in excess of
27 $25,000,000 but not exceeding $50,000,000;
28 25% of annual adjusted gross receipts in excess of
29 $50,000,000 but not exceeding $75,000,000;
30 30% of annual adjusted gross receipts in excess of
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1 $75,000,000 but not exceeding $100,000,000;
2 35% of annual adjusted gross receipts in excess of
3 $100,000,000.
4 The taxes imposed by this Section shall be paid by the
5 licensed owner to the Board not later than 3:00 o'clock p.m.
6 of the day after the day when the wagers were made.
7 (b) Until January 1, 1998, 25% of the tax revenue
8 deposited in the State Gaming Fund under this Section shall
9 be paid, subject to appropriation by the General Assembly, to
10 the unit of local government which is designated as the home
11 dock of the riverboat. Beginning January 1, 1998, from the
12 tax revenue deposited in the State Gaming Fund under this
13 Section, an amount equal to 5% of adjusted gross receipts
14 generated by a riverboat shall be paid monthly, subject to
15 appropriation by the General Assembly, to the unit of local
16 government that is designated as the home dock of the
17 riverboat.
18 (c) Appropriations, as approved by the General Assembly,
19 may be made from the State Gaming Fund to the Department of
20 Revenue and the Department of State Police for the
21 administration and enforcement of this Act.
22 (c-5) After the payments required under subsections (b)
23 and (c) have been made, an amount equal to 15% of the
24 adjusted gross receipts of a riverboat (1) that relocates
25 pursuant to Section 11.2, or (2) for which an owners license
26 is initially issued after the effective date of this
27 amendatory Act of 1999, whichever comes first, shall be paid
28 from the State Gaming Fund into the Horse Racing Equity Fund.
29 (c-10) Each year the General Assembly shall appropriate
30 from the General Revenue Fund to the Education Assistance
31 Fund an amount equal to the amount paid into the Horse Racing
32 Equity Fund pursuant to subsection (c-5) in the prior
33 calendar year.
34 (c-15) After the payments required under subsections
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1 (b), (c), and (c-5) have been made, an amount equal to 2% of
2 the adjusted gross receipts of a riverboat (1) that relocates
3 pursuant to Section 11.2, or (2) for which an owners license
4 is initially issued after the effective date of this
5 amendatory Act of 1999, whichever comes first, shall be paid,
6 subject to appropriation from the General Assembly, from the
7 State Gaming Fund to each home rule county with a population
8 of over 3,000,000 inhabitants for the purpose of enhancing
9 the county's criminal justice system.
10 (c-20) Each year the General Assembly shall appropriate
11 from the General Revenue Fund to the Education Assistance
12 Fund an amount equal to the amount paid to each home rule
13 county with a population of over 3,000,000 inhabitants
14 pursuant to subsection (c-15) in the prior calendar year.
15 (c-25) After the payments required under subsections
16 (b), (c), (c-5) and (c-15) have been made, an amount equal to
17 2% of the adjusted gross receipts of a riverboat (1) that
18 relocates pursuant to Section 11.2, or (2) for which an
19 owners license is initially issued after the effective date
20 of this amendatory Act of 1999, whichever comes first, shall
21 be paid from the State Gaming Fund into the State
22 Universities Athletic Capital Improvement Fund.
23 (d) From time to time, the Board shall distribute
24 transfer the remainder of the funds generated by this Act as
25 follows:
26 (1) 50% shall be transferred into the Education
27 Assistance Fund, created by Public Act 86-0018, of the State
28 of Illinois; and
29 (2) 50% shall be transferred to the River Beautiful Fund
30 of the State of Illinois.
31 (e) Nothing in this Act shall prohibit the unit of local
32 government designated as the home dock of the riverboat from
33 entering into agreements with other units of local government
34 in this State or in other states to share its portion of the
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1 tax revenue.
2 (f) To the extent practicable, the Board shall
3 administer and collect the wagering taxes imposed by this
4 Section in a manner consistent with the provisions of
5 Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
6 6c, 8, 9, and 10 of the Retailers' Occupation Tax Act and
7 Section 3-7 of the Uniform Penalty and Interest Act.
8 (Source: P.A. 90-548, eff. 12-4-97; 91-40, eff. 6-25-99.)
9 Section 95. The State Finance Act is amended by adding
10 Section 5.541 as follows:
11 (30 ILCS 105/5.541 new)
12 Sec. 5.541. The River Beautiful Fund.
13 Section 99. Effective date. This Act takes effect upon
14 becoming law.