Rep. Elizabeth Hernandez
Filed: 4/12/2013
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1 | AMENDMENT TO HOUSE BILL 275
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2 | AMENDMENT NO. ______. Amend House Bill 275 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Department of Commerce and Economic | ||||||
5 | Opportunity Law of the
Civil Administrative Code of Illinois is | ||||||
6 | amended by adding Section 605-530 as follows: | ||||||
7 | (20 ILCS 605/605-530 new) | ||||||
8 | Sec. 605-530. The Council on the Future of Economic | ||||||
9 | Development of the Latino
Community. | ||||||
10 | (a) There is hereby created the Council on the Future of | ||||||
11 | Economic Development of the
Latino Community within the | ||||||
12 | Department. The Council shall be administered by the Department | ||||||
13 | in partnership with the Illinois Latino Family Commission. The | ||||||
14 | purpose of the Council shall be to maintain and
develop the | ||||||
15 | economy of Latinos and to provide opportunities for this | ||||||
16 | community that will enhance
and expand the quality of their |
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1 | lives. | ||||||
2 | The Council must concentrate its major efforts on strategic | ||||||
3 | planning, policy research and analysis, advocacy, evaluation, | ||||||
4 | and promoting coordination and collaboration. | ||||||
5 | During each regular legislative session, the Council must | ||||||
6 | consult with appropriate legislative committees about the | ||||||
7 | State's economic development needs and opportunities in the | ||||||
8 | Latino community. | ||||||
9 | By October 1st of each even-numbered year, the Council must | ||||||
10 | submit to the Governor and General Assembly a biennial | ||||||
11 | comprehensive statewide economic development strategy for the | ||||||
12 | Latino community with a report on progress from the previous | ||||||
13 | comprehensive strategy. | ||||||
14 | The comprehensive statewide economic development strategy | ||||||
15 | may include: | ||||||
16 | (1) an assessment of the Latino community's economic | ||||||
17 | vitality; | ||||||
18 | (2) recommended goals, objectives, and priorities for | ||||||
19 | the next biennium and the future; | ||||||
20 | (3) a common set of outcomes and benchmarks for the | ||||||
21 | economic development system as a whole for the Latino | ||||||
22 | community; | ||||||
23 | (4) recommendations for removing barriers for Latinos | ||||||
24 | in employment; | ||||||
25 | (5) an inventory of existing relevant programs | ||||||
26 | compiled by the Council from materials submitted by |
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1 | agencies; | ||||||
2 | (6) recommendations for expanding, discontinuing, or | ||||||
3 | redirecting existing programs or adding new programs to | ||||||
4 | better serve the Latino community; and | ||||||
5 | (7) recommendations of best practices and public and | ||||||
6 | private sector roles in implementing the comprehensive | ||||||
7 | statewide economic development strategy. | ||||||
8 | In developing the biennial statewide economic development | ||||||
9 | strategy, plans, inventories, assessments, and policy | ||||||
10 | research, the Council must consult, collaborate, and | ||||||
11 | coordinate with relevant State agencies, private sector | ||||||
12 | businesses, nonprofit organizations involved in economic | ||||||
13 | development, trade associations, associate development | ||||||
14 | organizations, and relevant local organizations in order to | ||||||
15 | avoid duplication of effort. | ||||||
16 | State agencies must cooperate with the Council and provide | ||||||
17 | information as the Council may reasonably request. | ||||||
18 | The Council shall review and make budget recommendations to | ||||||
19 | the Governor's Office of Management and Budget and the General | ||||||
20 | Assembly in areas relating to the economic development in the | ||||||
21 | State's Latino community. | ||||||
22 | The Council must evaluate its own performance on a regular | ||||||
23 | basis. | ||||||
24 | The Council may accept gifts, grants, donations, | ||||||
25 | sponsorships, or contributions from any federal, State, or | ||||||
26 | local governmental agency or program or any private source and |
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1 | expend the same for any purpose consistent with this Act. | ||||||
2 | (b) The Council shall consist of 12 voting members. The | ||||||
3 | Governor shall appoint 4 members. The Speaker of the House, the | ||||||
4 | President of the Senate, and the Minority Leaders of the | ||||||
5 | General Assembly shall each appoint 2 members. The
chairperson | ||||||
6 | of the Council shall be one of the appointed members and shall | ||||||
7 | be chosen by the
Council. The members of the Council shall be | ||||||
8 | representative, to the extent possible, of the
various | ||||||
9 | geographic areas of the State. The Director of the Department | ||||||
10 | and the Director of the Commission shall serve as ex officio | ||||||
11 | nonvoting members of the
Council. In appointing the members, | ||||||
12 | the individuals should represent the following
private | ||||||
13 | industry sectors: | ||||||
14 | (1) production agriculture; | ||||||
15 | (2) transportation, construction and logistics; | ||||||
16 | (3) travel and tourism; | ||||||
17 | (4) financial services and insurance; | ||||||
18 | (5) information technology and communications; and | ||||||
19 | (6) biotechnology. | ||||||
20 | In addition, the Governor shall appoint at least 2 individuals | ||||||
21 | representing manufacturing, one such individual shall | ||||||
22 | represent a
company with no more than 75 employees. | ||||||
23 | Members appointed shall serve for not more than 2 | ||||||
24 | consecutive 3-year terms, except that, of the initial | ||||||
25 | appointees of the Council, the terms of 4 members shall expire | ||||||
26 | on October 1, 2014, the terms of 4 shall expire on October 1, |
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1 | 2015, and the terms of 4 members shall expire on October 1, | ||||||
2 | 2016. Thereafter, all terms are for 3 years. Vacancies must be | ||||||
3 | filled in the same manner as the original appointments. The | ||||||
4 | members of the Council shall serve without compensation. | ||||||
5 | (c) The Council shall meet at least 4 times a year, with at | ||||||
6 | least one meeting each calendar
quarter, at the call of the | ||||||
7 | Director or 4 voting members of the Council. The staff and | ||||||
8 | support for the
Council shall be provided by the Department in | ||||||
9 | collaboration with the Commission. | ||||||
10 | (d) The Council and Department are encouraged to involve | ||||||
11 | other essential groups in the
work of the Council, including, | ||||||
12 | but not limited to, (1) public universities, (2) community
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13 | colleges, (3) other educational institutions, and (4) the | ||||||
14 | Illinois Department of Labor. | ||||||
15 | (e) The Council shall make recommendations, which must be | ||||||
16 | approved by a majority of the
Council, to the Department | ||||||
17 | concerning the award of grants from amounts appropriated to the
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18 | Department from the Latino Community Economic Development | ||||||
19 | Fund, a special fund created in the State
treasury. The | ||||||
20 | Department must make grants to public or private entities | ||||||
21 | submitting proposals to
the Council to assist in the economic | ||||||
22 | development of the Latino community. Grants
may be used by | ||||||
23 | these entities only for those purposes specified in the grant. | ||||||
24 | The Council shall
coordinate with the Department to develop | ||||||
25 | grant criteria. | ||||||
26 | (f) For purposes of this Section: "educational |
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1 | institutions" means nonprofit public and private colleges,
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2 | community colleges, State colleges, and universities in the | ||||||
3 | State; and "Commission" means the Illinois Latino Family | ||||||
4 | Commission.
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5 | Section 10. The State Finance Act is amended by adding | ||||||
6 | Section 5.826 as follows: | ||||||
7 | (30 ILCS 105/5.826 new) | ||||||
8 | Sec. 5.826. The Latino Community Economic Development | ||||||
9 | Fund. | ||||||
10 | Section 15. The Riverboat Gambling Act is amended by | ||||||
11 | changing Section 13 as follows:
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12 | (230 ILCS 10/13) (from Ch. 120, par. 2413)
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13 | Sec. 13. Wagering tax; rate; distribution.
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14 | (a) Until January 1, 1998, a tax is imposed on the adjusted | ||||||
15 | gross
receipts received from gambling games authorized under | ||||||
16 | this Act at the rate of
20%.
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17 | (a-1) From January 1, 1998 until July 1, 2002, a privilege | ||||||
18 | tax is
imposed on persons engaged in the business of conducting | ||||||
19 | riverboat gambling
operations, based on the adjusted gross | ||||||
20 | receipts received by a licensed owner
from gambling games | ||||||
21 | authorized under this Act at the following rates:
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22 | 15% of annual adjusted gross receipts up to and |
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1 | including $25,000,000;
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2 | 20% of annual adjusted gross receipts in excess of | ||||||
3 | $25,000,000 but not
exceeding $50,000,000;
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4 | 25% of annual adjusted gross receipts in excess of | ||||||
5 | $50,000,000 but not
exceeding $75,000,000;
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6 | 30% of annual adjusted gross receipts in excess of | ||||||
7 | $75,000,000 but not
exceeding $100,000,000;
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8 | 35% of annual adjusted gross receipts in excess of | ||||||
9 | $100,000,000.
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10 | (a-2) From July 1, 2002 until July 1, 2003, a privilege tax | ||||||
11 | is imposed on
persons engaged in the business of conducting | ||||||
12 | riverboat gambling operations,
other than licensed managers | ||||||
13 | conducting riverboat gambling operations on behalf
of the | ||||||
14 | State, based on the adjusted gross receipts received by a | ||||||
15 | licensed
owner from gambling games authorized under this Act at | ||||||
16 | the following rates:
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17 | 15% of annual adjusted gross receipts up to and | ||||||
18 | including $25,000,000;
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19 | 22.5% of annual adjusted gross receipts in excess of | ||||||
20 | $25,000,000 but not
exceeding $50,000,000;
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21 | 27.5% of annual adjusted gross receipts in excess of | ||||||
22 | $50,000,000 but not
exceeding $75,000,000;
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23 | 32.5% of annual adjusted gross receipts in excess of | ||||||
24 | $75,000,000 but not
exceeding $100,000,000;
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25 | 37.5% of annual adjusted gross receipts in excess of | ||||||
26 | $100,000,000 but not
exceeding $150,000,000;
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1 | 45% of annual adjusted gross receipts in excess of | ||||||
2 | $150,000,000 but not
exceeding $200,000,000;
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3 | 50% of annual adjusted gross receipts in excess of | ||||||
4 | $200,000,000.
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5 | (a-3) Beginning July 1, 2003, a privilege tax is imposed on | ||||||
6 | persons engaged
in the business of conducting riverboat | ||||||
7 | gambling operations, other than
licensed managers conducting | ||||||
8 | riverboat gambling operations on behalf of the
State, based on | ||||||
9 | the adjusted gross receipts received by a licensed owner from
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10 | gambling games authorized under this Act at the following | ||||||
11 | rates:
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12 | 15% of annual adjusted gross receipts up to and | ||||||
13 | including $25,000,000;
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14 | 27.5% of annual adjusted gross receipts in excess of | ||||||
15 | $25,000,000 but not
exceeding $37,500,000;
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16 | 32.5% of annual adjusted gross receipts in excess of | ||||||
17 | $37,500,000 but not
exceeding $50,000,000;
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18 | 37.5% of annual adjusted gross receipts in excess of | ||||||
19 | $50,000,000 but not
exceeding $75,000,000;
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20 | 45% of annual adjusted gross receipts in excess of | ||||||
21 | $75,000,000 but not
exceeding $100,000,000;
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22 | 50% of annual adjusted gross receipts in excess of | ||||||
23 | $100,000,000 but not
exceeding $250,000,000;
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24 | 70% of annual adjusted gross receipts in excess of | ||||||
25 | $250,000,000.
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26 | An amount equal to the amount of wagering taxes collected |
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1 | under this
subsection (a-3) that are in addition to the amount | ||||||
2 | of wagering taxes that
would have been collected if the | ||||||
3 | wagering tax rates under subsection (a-2)
were in effect shall | ||||||
4 | be paid into the Common School Fund.
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5 | The privilege tax imposed under this subsection (a-3) shall | ||||||
6 | no longer be
imposed beginning on the earlier of (i) July 1, | ||||||
7 | 2005; (ii) the first date
after June 20, 2003 that riverboat | ||||||
8 | gambling operations are conducted
pursuant to a dormant | ||||||
9 | license; or (iii) the first day that riverboat gambling
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10 | operations are conducted under the authority of an owners | ||||||
11 | license that is in
addition to the 10 owners licenses initially | ||||||
12 | authorized under this Act.
For the purposes of this subsection | ||||||
13 | (a-3), the term "dormant license"
means an owners license that | ||||||
14 | is authorized by this Act under which no
riverboat gambling | ||||||
15 | operations are being conducted on June 20, 2003.
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16 | (a-4) Beginning on the first day on which the tax imposed | ||||||
17 | under
subsection (a-3) is no longer imposed, a privilege tax is | ||||||
18 | imposed on persons
engaged in the business of conducting | ||||||
19 | riverboat gambling operations, other
than licensed managers | ||||||
20 | conducting riverboat gambling operations on behalf of
the | ||||||
21 | State, based on the adjusted gross receipts received by a | ||||||
22 | licensed owner
from gambling games authorized under this Act at | ||||||
23 | the following rates:
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24 | 15% of annual adjusted gross receipts up to and | ||||||
25 | including $25,000,000;
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26 | 22.5% of annual adjusted gross receipts in excess of |
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1 | $25,000,000 but not
exceeding $50,000,000;
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2 | 27.5% of annual adjusted gross receipts in excess of | ||||||
3 | $50,000,000 but not
exceeding $75,000,000;
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4 | 32.5% of annual adjusted gross receipts in excess of | ||||||
5 | $75,000,000 but not
exceeding $100,000,000;
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6 | 37.5% of annual adjusted gross receipts in excess of | ||||||
7 | $100,000,000 but not
exceeding $150,000,000;
| ||||||
8 | 45% of annual adjusted gross receipts in excess of | ||||||
9 | $150,000,000 but not
exceeding $200,000,000;
| ||||||
10 | 50% of annual adjusted gross receipts in excess of | ||||||
11 | $200,000,000.
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12 | (a-8) Riverboat gambling operations conducted by a | ||||||
13 | licensed manager on
behalf of the State are not subject to the | ||||||
14 | tax imposed under this Section.
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15 | (a-10) The taxes imposed by this Section shall be paid by | ||||||
16 | the licensed
owner to the Board not later than 5:00 o'clock | ||||||
17 | p.m. of the day after the day
when the wagers were made.
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18 | (a-15) If the privilege tax imposed under subsection (a-3) | ||||||
19 | is no longer imposed pursuant to item (i) of the last paragraph | ||||||
20 | of subsection (a-3), then by June 15 of each year, each owners | ||||||
21 | licensee, other than an owners licensee that admitted 1,000,000 | ||||||
22 | persons or
fewer in calendar year 2004, must, in addition to | ||||||
23 | the payment of all amounts otherwise due under this Section, | ||||||
24 | pay to the Board a reconciliation payment in the amount, if | ||||||
25 | any, by which the licensed owner's base amount exceeds the | ||||||
26 | amount of net privilege tax paid by the licensed owner to the |
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1 | Board in the then current State fiscal year. A licensed owner's | ||||||
2 | net privilege tax obligation due for the balance of the State | ||||||
3 | fiscal year shall be reduced up to the total of the amount paid | ||||||
4 | by the licensed owner in its June 15 reconciliation payment. | ||||||
5 | The obligation imposed by this subsection (a-15) is binding on | ||||||
6 | any person, firm, corporation, or other entity that acquires an | ||||||
7 | ownership interest in any such owners license. The obligation | ||||||
8 | imposed under this subsection (a-15) terminates on the earliest | ||||||
9 | of: (i) July 1, 2007, (ii) the first day after the effective | ||||||
10 | date of this amendatory Act of the 94th General Assembly that | ||||||
11 | riverboat gambling operations are conducted pursuant to a | ||||||
12 | dormant license, (iii) the first day that riverboat gambling | ||||||
13 | operations are conducted under the authority of an owners | ||||||
14 | license that is in addition to the 10 owners licenses initially | ||||||
15 | authorized under this Act, or (iv) the first day that a | ||||||
16 | licensee under the Illinois Horse Racing Act of 1975 conducts | ||||||
17 | gaming operations with slot machines or other electronic gaming | ||||||
18 | devices. The Board must reduce the obligation imposed under | ||||||
19 | this subsection (a-15) by an amount the Board deems reasonable | ||||||
20 | for any of the following reasons: (A) an act or acts of God, | ||||||
21 | (B) an act of bioterrorism or terrorism or a bioterrorism or | ||||||
22 | terrorism threat that was investigated by a law enforcement | ||||||
23 | agency, or (C) a condition beyond the control of the owners | ||||||
24 | licensee that does not result from any act or omission by the | ||||||
25 | owners licensee or any of its agents and that poses a hazardous | ||||||
26 | threat to the health and safety of patrons. If an owners |
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1 | licensee pays an amount in excess of its liability under this | ||||||
2 | Section, the Board shall apply the overpayment to future | ||||||
3 | payments required under this Section. | ||||||
4 | For purposes of this subsection (a-15): | ||||||
5 | "Act of God" means an incident caused by the operation of | ||||||
6 | an extraordinary force that cannot be foreseen, that cannot be | ||||||
7 | avoided by the exercise of due care, and for which no person | ||||||
8 | can be held liable.
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9 | "Base amount" means the following: | ||||||
10 | For a riverboat in Alton, $31,000,000.
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11 | For a riverboat in East Peoria, $43,000,000.
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12 | For the Empress riverboat in Joliet, $86,000,000.
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13 | For a riverboat in Metropolis, $45,000,000.
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14 | For the Harrah's riverboat in Joliet, $114,000,000.
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15 | For a riverboat in Aurora, $86,000,000.
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16 | For a riverboat in East St. Louis, $48,500,000.
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17 | For a riverboat in Elgin, $198,000,000.
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18 | "Dormant license" has the meaning ascribed to it in | ||||||
19 | subsection (a-3).
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20 | "Net privilege tax" means all privilege taxes paid by a | ||||||
21 | licensed owner to the Board under this Section, less all | ||||||
22 | payments made from the State Gaming Fund pursuant to subsection | ||||||
23 | (b) of this Section. | ||||||
24 | The changes made to this subsection (a-15) by Public Act | ||||||
25 | 94-839 are intended to restate and clarify the intent of Public | ||||||
26 | Act 94-673 with respect to the amount of the payments required |
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1 | to be made under this subsection by an owners licensee to the | ||||||
2 | Board.
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3 | (b) Until January 1, 1998, 25% of the tax revenue deposited | ||||||
4 | in the State
Gaming Fund under this Section shall be paid, | ||||||
5 | subject to appropriation by the
General Assembly, to the unit | ||||||
6 | of local government which is designated as the
home dock of the | ||||||
7 | riverboat. Beginning January 1, 1998, from the tax revenue
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8 | deposited in the State Gaming Fund under this Section, an | ||||||
9 | amount equal to 5% of
adjusted gross receipts generated by a | ||||||
10 | riverboat shall be paid monthly, subject
to appropriation by | ||||||
11 | the General Assembly, to the unit of local government that
is | ||||||
12 | designated as the home dock of the riverboat. From the tax | ||||||
13 | revenue
deposited in the State Gaming Fund pursuant to | ||||||
14 | riverboat gambling operations
conducted by a licensed manager | ||||||
15 | on behalf of the State, an amount equal to 5%
of adjusted gross | ||||||
16 | receipts generated pursuant to those riverboat gambling
| ||||||
17 | operations shall be paid monthly,
subject to appropriation by | ||||||
18 | the General Assembly, to the unit of local
government that is | ||||||
19 | designated as the home dock of the riverboat upon which
those | ||||||
20 | riverboat gambling operations are conducted.
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21 | (c) Appropriations, as approved by the General Assembly, | ||||||
22 | may be made
from the State Gaming Fund to the Board (i) for the | ||||||
23 | administration and enforcement of this Act and the Video Gaming | ||||||
24 | Act, (ii) for distribution to the Department of State Police | ||||||
25 | and to the Department of Revenue for the enforcement of this | ||||||
26 | Act, and (iii) to the
Department of Human Services for the |
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1 | administration of programs to treat
problem gambling.
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2 | (c-5) Before May 26, 2006 (the effective date of Public Act | ||||||
3 | 94-804) and beginning on the effective date of this amendatory | ||||||
4 | Act of the 95th General Assembly, unless any organization | ||||||
5 | licensee under the Illinois Horse Racing Act of 1975 begins to | ||||||
6 | operate a slot machine or video game of chance under the | ||||||
7 | Illinois Horse Racing Act of 1975 or this Act, after the | ||||||
8 | payments required under subsections (b) and (c) have been
made, | ||||||
9 | an amount equal to 15% of the adjusted gross receipts of (1) an | ||||||
10 | owners
licensee that relocates pursuant to Section 11.2,
(2) an | ||||||
11 | owners licensee
conducting riverboat gambling operations
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12 | pursuant to an
owners license that is initially issued after | ||||||
13 | June
25, 1999,
or (3) the first
riverboat gambling operations | ||||||
14 | conducted by a licensed manager on behalf of the
State under | ||||||
15 | Section 7.3,
whichever comes first, shall be paid from the | ||||||
16 | State
Gaming Fund into the Horse Racing Equity Fund.
| ||||||
17 | (c-10) Each year the General Assembly shall appropriate | ||||||
18 | from the General
Revenue Fund to the Education Assistance Fund | ||||||
19 | an amount equal to the amount
paid into the Horse Racing Equity | ||||||
20 | Fund pursuant to subsection (c-5) in the
prior calendar year.
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21 | (c-15) After the payments required under subsections (b), | ||||||
22 | (c), and (c-5)
have been made, an amount equal to 2% of the | ||||||
23 | adjusted gross receipts of (1)
an owners licensee that | ||||||
24 | relocates pursuant to Section 11.2, (2) an owners
licensee | ||||||
25 | conducting riverboat gambling operations pursuant to
an
owners | ||||||
26 | license that is initially issued after June 25, 1999,
or (3) |
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1 | the first
riverboat gambling operations conducted by a licensed | ||||||
2 | manager on behalf of the
State under Section 7.3,
whichever | ||||||
3 | comes first, shall be paid, subject to appropriation
from the | ||||||
4 | General Assembly, from the State Gaming Fund to each home rule
| ||||||
5 | county with a population of over 3,000,000 inhabitants for the | ||||||
6 | purpose of
enhancing the county's criminal justice system.
| ||||||
7 | (c-20) Each year the General Assembly shall appropriate | ||||||
8 | from the General
Revenue Fund to the Education Assistance Fund | ||||||
9 | an amount equal to the amount
paid to each home rule county | ||||||
10 | with a population of over 3,000,000 inhabitants
pursuant to | ||||||
11 | subsection (c-15) in the prior calendar year.
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12 | (c-25) After the payments required under subsections (b), | ||||||
13 | (c), (c-5) and
(c-15) have been made, an amount equal to 2% of | ||||||
14 | the
adjusted gross receipts of (1) an owners licensee
that
| ||||||
15 | relocates pursuant to Section 11.2, (2) an
owners
licensee | ||||||
16 | conducting riverboat gambling operations pursuant to
an
owners | ||||||
17 | license
that is initially issued after June 25, 1999,
or (3) | ||||||
18 | the first
riverboat gambling operations conducted by a licensed | ||||||
19 | manager on behalf of the
State under Section 7.3,
whichever
| ||||||
20 | comes first,
shall be paid from the State
Gaming Fund to | ||||||
21 | Chicago State University.
| ||||||
22 | (c-30) After the payments required under subsections (b), | ||||||
23 | (c), (c-5),
(c-15), and (c-25) have been made, $10,000,000 | ||||||
24 | shall be transferred annually from the State
Gaming Fund into | ||||||
25 | the Latino Community Economic Development Fund. | ||||||
26 | (d) From time to time, the
Board shall transfer the |
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| |||||||
1 | remainder of the funds
generated by this Act into the Education
| ||||||
2 | Assistance Fund, created by Public Act 86-0018, of the State of | ||||||
3 | Illinois.
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4 | (e) Nothing in this Act shall prohibit the unit of local | ||||||
5 | government
designated as the home dock of the riverboat from | ||||||
6 | entering into agreements
with other units of local government | ||||||
7 | in this State or in other states to
share its portion of the | ||||||
8 | tax revenue.
| ||||||
9 | (f) To the extent practicable, the Board shall administer | ||||||
10 | and collect the
wagering taxes imposed by this Section in a | ||||||
11 | manner consistent with the
provisions of Sections 4, 5, 5a, 5b, | ||||||
12 | 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
6c, 8, 9, and 10 of the | ||||||
13 | Retailers' Occupation Tax Act and Section 3-7 of the
Uniform | ||||||
14 | Penalty and Interest Act.
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15 | (Source: P.A. 95-331, eff. 8-21-07; 95-1008, eff. 12-15-08; | ||||||
16 | 96-37, eff. 7-13-09; 96-1392, eff. 1-1-11.)".
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