State of Illinois
92nd General Assembly
Legislation

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92_SB2059

 
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 1        AN ACT in relation to gambling.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Riverboat  Gambling  Act is amended by
 5    changing Section 13 as follows:

 6        (230 ILCS 10/13) (from Ch. 120, par. 2413)
 7        Sec. 13.  Wagering tax; rate; distribution.
 8        (a)  Until January 1, 1998,  a  tax  is  imposed  on  the
 9    adjusted   gross   receipts   received  from  gambling  games
10    authorized under this Act at the rate of 20%.
11        From Beginning January 1, 1998  until  July  1,  2002,  a
12    privilege  tax  is imposed on persons engaged in the business
13    of conducting riverboat gambling  operations,  based  on  the
14    adjusted  gross  receipts  received  by a licensed owner from
15    gambling games authorized under this  Act  at  the  following
16    rates:
17             15%  of  annual  adjusted  gross  receipts up to and
18        including $25,000,000;
19             20% of annual adjusted gross receipts in  excess  of
20        $25,000,000 but not exceeding $50,000,000;
21             25%  of  annual adjusted gross receipts in excess of
22        $50,000,000 but not exceeding $75,000,000;
23             30% of annual adjusted gross receipts in  excess  of
24        $75,000,000 but not exceeding $100,000,000;
25             35%  of  annual adjusted gross receipts in excess of
26        $100,000,000.
27        Beginning July 1, 2002, a privilege  tax  is  imposed  on
28    persons  engaged  in  the  business  of  conducting riverboat
29    gambling operations, based on  the  adjusted  gross  receipts
30    received  by  a licensed owner from gambling games authorized
31    under this Act at the following rates:
 
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 1             25% of annual adjusted  gross  receipts  up  to  and
 2        including $25,000,000;
 3             30%  of  annual adjusted gross receipts in excess of
 4        $25,000,000 but not exceeding $50,000,000;
 5             35% of annual adjusted gross receipts in  excess  of
 6        $50,000,000 but not exceeding $75,000,000;
 7             40%  of  annual adjusted gross receipts in excess of
 8        $75,000,000 but not exceeding $100,000,000;
 9             45% of annual adjusted gross receipts in  excess  of
10        $100,000,000.
11        The  taxes  imposed  by this Section shall be paid by the
12    licensed owner to the Board not later than 3:00 o'clock  p.m.
13    of the day after the day when the wagers were made.
14        (b)  Until  January  1,  1998,  25%  of  the  tax revenue
15    deposited in the State Gaming Fund under this  Section  shall
16    be paid, subject to appropriation by the General Assembly, to
17    the  unit of local government which is designated as the home
18    dock of the riverboat.  Beginning January 1, 1998,  from  the
19    tax  revenue  deposited  in  the State Gaming Fund under this
20    Section, an amount equal to 5%  of  adjusted  gross  receipts
21    generated  by  a  riverboat shall be paid monthly, subject to
22    appropriation by the General Assembly, to the unit  of  local
23    government  that  is  designated  as  the  home  dock  of the
24    riverboat.
25        Beginning July 1, 2002, from the  tax  revenue  deposited
26    into the State Gaming Fund under this Section, in addition to
27    any other amount that may be provided for in this Section, an
28    amount equal to 1.0% of the adjusted gross receipts generated
29    by   a   riverboat   shall   be   paid  monthly,  subject  to
30    appropriation by the General Assembly, to the county in which
31    that riverboat docks.
32        (c)  Appropriations, as approved by the General Assembly,
33    may be made from the State Gaming Fund to the  Department  of
34    Revenue   and   the   Department  of  State  Police  for  the
 
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 1    administration and enforcement of this Act.
 2        (c-5)  After the payments required under subsections  (b)
 3    and  (c)  have  been  made,  an  amount  equal  to 15% of the
 4    adjusted gross receipts of a  riverboat  (1)  that  relocates
 5    pursuant  to Section 11.2, or (2) for which an owners license
 6    is  initially  issued  after  the  effective  date  of   this
 7    amendatory  Act of 1999, whichever comes first, shall be paid
 8    from the State Gaming Fund into the Horse Racing Equity Fund.
 9        (c-10)  Each year the General Assembly shall  appropriate
10    from  the  General  Revenue  Fund to the Education Assistance
11    Fund an amount equal to the amount paid into the Horse Racing
12    Equity  Fund  pursuant  to  subsection  (c-5)  in  the  prior
13    calendar year.
14        (c-15)  After the  payments  required  under  subsections
15    (b),  (c), and (c-5) have been made, an amount equal to 2% of
16    the adjusted gross receipts of a riverboat (1) that relocates
17    pursuant to Section 11.2, or (2) for which an owners  license
18    is   initially  issued  after  the  effective  date  of  this
19    amendatory Act of 1999, whichever comes first, shall be paid,
20    subject to appropriation from the General Assembly, from  the
21    State  Gaming Fund to each home rule county with a population
22    of over 3,000,000 inhabitants for the  purpose  of  enhancing
23    the county's criminal justice system.
24        (c-20)  Each  year the General Assembly shall appropriate
25    from the General Revenue Fund  to  the  Education  Assistance
26    Fund  an  amount  equal  to the amount paid to each home rule
27    county  with  a  population  of  over  3,000,000  inhabitants
28    pursuant to subsection (c-15) in the prior calendar year.
29        (c-25)  After the  payments  required  under  subsections
30    (b), (c), (c-5) and (c-15) have been made, an amount equal to
31    2%  of  the  adjusted  gross receipts of a riverboat (1) that
32    relocates pursuant to Section  11.2,  or  (2)  for  which  an
33    owners  license  is initially issued after the effective date
34    of this amendatory Act of 1999, whichever comes first,  shall
 
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 1    be   paid   from   the  State  Gaming  Fund  into  the  State
 2    Universities Athletic Capital Improvement Fund.
 3        (d)  From time to time,  the  Board  shall  transfer  the
 4    remainder  of  the  funds  generated  by  this  Act  into the
 5    Education Assistance Fund, created by Public Act 86-0018,  of
 6    the State of Illinois.
 7        (e)  Nothing in this Act shall prohibit the unit of local
 8    government  designated as the home dock of the riverboat from
 9    entering into agreements with other units of local government
10    in this State or in other states to share its portion of  the
11    tax revenue.
12        (f)  To   the   extent   practicable,   the  Board  shall
13    administer and collect the wagering  taxes  imposed  by  this
14    Section  in  a  manner  consistent  with  the  provisions  of
15    Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
16    6c,  8,  9,  and  10 of the Retailers' Occupation Tax Act and
17    Section 3-7 of the Uniform Penalty and Interest Act.
18    (Source: P.A. 90-548, eff. 12-4-97; 91-40, eff. 6-25-99.)

19        Section 99.  Effective date.  This Act takes effect  July
20    1, 2002.

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