State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ Engrossed ][ House Amendment 002 ]
[ House Amendment 004 ]


92_SB2289ham003











                                             LRB9215654LDtmam

 1                    AMENDMENT TO SENATE BILL 2289

 2        AMENDMENT NO.     .  Amend Senate Bill 2289 by  replacing
 3    the title with the following:

 4        "AN ACT in relation to gaming."; and

 5    by  replacing  everything  after the enacting clause with the
 6    following:

 7        "Section 5.  The Riverboat Gambling  Act  is  amended  by
 8    changing Section 13 as follows:

 9        (230 ILCS 10/13) (from Ch. 120, par. 2413)
10        Sec. 13.  Wagering tax; rate; distribution.
11        (a)  Until  January  1,  1998,  a  tax  is imposed on the
12    adjusted  gross  receipts  received   from   gambling   games
13    authorized under this Act at the rate of 20%.
14        Beginning  January 1, 1998, a privilege tax is imposed on
15    persons engaged  in  the  business  of  conducting  riverboat
16    gambling  operations,  based  on  the adjusted gross receipts
17    received by a licensed owner from gambling  games  authorized
18    under this Act at the following rates:
19             15%  of  annual  adjusted  gross  receipts up to and
20        including $25,000,000;
21             20% of annual adjusted gross receipts in  excess  of
 
                            -2-              LRB9215654LDtmam
 1        $25,000,000 but not exceeding $50,000,000;
 2             25%  of  annual adjusted gross receipts in excess of
 3        $50,000,000 but not exceeding $75,000,000;
 4             30% of annual adjusted gross receipts in  excess  of
 5        $75,000,000 but not exceeding $100,000,000;
 6             35%  of  annual adjusted gross receipts in excess of
 7        $100,000,000.
 8        The taxes imposed by this Section shall be  paid  by  the
 9    licensed  owner to the Board not later than 3:00 o'clock p.m.
10    of the day after the day when the wagers were made.
11        (a-5)  Beginning on the effective date of this amendatory
12    Act of the 92nd General Assembly, a privilege tax is  imposed
13    on   owners   licensees   that   conduct  riverboat  gambling
14    operations from a home dock that is located in a municipality
15    in St. Clair County, based on  the  adjusted  gross  receipts
16    received  by  those  owners  licensees  from  gambling  games
17    authorized under this Act, at the rate of 1%. The tax imposed
18    under  this  subsection  (a-5)  shall  be  paid,  subject  to
19    appropriation  by the General Assembly, from the State Gaming
20    Fund to blighted municipalities, other than the  municipality
21    in  which  the riverboat docks, that are located in St. Clair
22    County, based on the proportion that the population  of  each
23    of   those   blighted   municipalities  bears  to  the  total
24    population of blighted municipalities in  the  county,  other
25    than  the  home  dock  municipality.  For the purpose of this
26    subsection (a-5), the term "blighted  municipality"  means  a
27    municipality in St. Clair County that is in the bottom 10% of
28    all  the  municipalities in Illinois in average median income
29    or employment rate.
30        (b)  Until January  1,  1998,  25%  of  the  tax  revenue
31    deposited  in  the State Gaming Fund under this Section shall
32    be paid, subject to appropriation by the General Assembly, to
33    the unit of local government which is designated as the  home
34    dock  of  the riverboat.  Beginning January 1, 1998, from the
 
                            -3-              LRB9215654LDtmam
 1    tax revenue deposited in the State  Gaming  Fund  under  this
 2    Section,  an  amount  equal  to 5% of adjusted gross receipts
 3    generated by a riverboat shall be paid  monthly,  subject  to
 4    appropriation  by  the General Assembly, to the unit of local
 5    government that  is  designated  as  the  home  dock  of  the
 6    riverboat.
 7        (c)  Appropriations, as approved by the General Assembly,
 8    may  be  made from the State Gaming Fund to the Department of
 9    Revenue  and  the  Department  of  State   Police   for   the
10    administration and enforcement of this Act.
11        (c-5)  After  the payments required under subsections (b)
12    and (c) have been  made,  an  amount  equal  to  15%  of  the
13    adjusted  gross  receipts  of  a riverboat (1) that relocates
14    pursuant to Section 11.2, or (2) for which an owners  license
15    is   initially  issued  after  the  effective  date  of  this
16    amendatory Act of 1999, whichever comes first, shall be  paid
17    from the State Gaming Fund into the Horse Racing Equity Fund.
18        (c-10)  Each  year the General Assembly shall appropriate
19    from the General Revenue Fund  to  the  Education  Assistance
20    Fund an amount equal to the amount paid into the Horse Racing
21    Equity  Fund  pursuant  to  subsection  (c-5)  in  the  prior
22    calendar year.
23        (c-15)  After  the  payments  required  under subsections
24    (b), (c), and (c-5) have been made, an amount equal to 2%  of
25    the adjusted gross receipts of a riverboat (1) that relocates
26    pursuant  to Section 11.2, or (2) for which an owners license
27    is  initially  issued  after  the  effective  date  of   this
28    amendatory Act of 1999, whichever comes first, shall be paid,
29    subject  to appropriation from the General Assembly, from the
30    State Gaming Fund to each home rule county with a  population
31    of  over  3,000,000  inhabitants for the purpose of enhancing
32    the county's criminal justice system.
33        (c-20)  Each year the General Assembly shall  appropriate
34    from  the  General  Revenue  Fund to the Education Assistance
 
                            -4-              LRB9215654LDtmam
 1    Fund an amount equal to the amount paid  to  each  home  rule
 2    county  with  a  population  of  over  3,000,000  inhabitants
 3    pursuant to subsection (c-15) in the prior calendar year.
 4        (c-25)  After  the  payments  required  under subsections
 5    (b), (c), (c-5) and (c-15) have been made, an amount equal to
 6    2% of the adjusted gross receipts of  a  riverboat  (1)  that
 7    relocates  pursuant  to  Section  11.2,  or  (2) for which an
 8    owners license is initially issued after the  effective  date
 9    of  this amendatory Act of 1999, whichever comes first, shall
10    be  paid  from  the  State  Gaming  Fund   into   the   State
11    Universities Athletic Capital Improvement Fund.
12        (d)  From  time  to  time,  the  Board shall transfer the
13    remainder of  the  funds  generated  by  this  Act  into  the
14    Education  Assistance Fund, created by Public Act 86-0018, of
15    the State of Illinois.
16        (e)  Nothing in this Act shall prohibit the unit of local
17    government designated as the home dock of the riverboat  from
18    entering into agreements with other units of local government
19    in  this State or in other states to share its portion of the
20    tax revenue.
21        (f)  To  the  extent   practicable,   the   Board   shall
22    administer  and  collect  the  wagering taxes imposed by this
23    Section  in  a  manner  consistent  with  the  provisions  of
24    Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
25    6c, 8, 9, and 10 of the Retailers'  Occupation  Tax  Act  and
26    Section 3-7 of the Uniform Penalty and Interest Act.
27    (Source: P.A. 90-548, eff. 12-4-97; 91-40, eff. 6-25-99.)

28        Section  99.  Effective date.  This Act takes effect upon
29    becoming law.".





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