HB1984ham001 98TH GENERAL ASSEMBLY

Rep. Adam Brown

Filed: 4/10/2013

09800HB1984ham001 LRB098 06884 AMC 43807 a

AMENDMENT TO HOUSE BILL 1984

AMENDMENT NO. ______. Amend House Bill 1984 by replacing everything after the enacting clause with the following:

"Section 5. The State Finance Act is amended by adding Sections 5.826 and 6z-98 as follows:

(30 ILCS 105/5.826 new)

Sec. 5.826. The School Consolidation Aid Fund.

(30 ILCS 105/6z-98 new)

Sec. 6z-98. The School Consolidation Aid Fund. The School Consolidation Aid Fund is created as a special fund in the State treasury. Subject to appropriation, the moneys in the Fund shall be used by the State Board of Education solely for supplemental grants to school districts that are undergoing consolidation or planning for consolidation. The State Board of Education shall create, by administrative rule, the process to be used by school districts to apply for the grants. Nothing in the supplemental school district consolidation grant application process shall affect the eligibility of a school district to also receive all of its shares of other forms of State school aid. All interest earned on moneys in the Fund shall be deposited into the Fund. The Fund shall not be subject to administrative charges or chargebacks, including, but not limited to, those authorized under Section 8h.

Section 10. The Video Gaming Act is amended by changing Section 60 as follows:

(230 ILCS 40/60)

Sec. 60. Imposition and distribution of tax.

(a) A tax of 30% is imposed on net terminal income and shall be collected by the Board.

(b) Of the tax collected under this Section, until the effective date of this amendatory Act of the 98th General Assembly, five-sixths shall be deposited into the Capital Projects Fund and one-sixth shall be deposited into the Local Government Video Gaming Distributive Fund.

(b-5) Beginning on the effective date of this amendatory Act of the 98th General Assembly, of the tax collected under this Section, one-sixth shall be transferred into the Local Government Video Gaming Distributive Fund and five-sixths shall be transferred to the Capital Projects Fund and the School Consolidation Aid Fund as determined by administrative rule adopted jointly by the Governor's Office of Management and Budget and the Treasurer. No later than July 1, 2013, the Governor's Office of Management and Budget and the Treasurer shall determine the amount of tax revenues under this Section paid into the Capital Projects Fund pursuant to this Act that have already been pledged by indenture by the State as revenue streams to service bonds that have already been sold by the State. All revenues not already pledged by indenture by the State for capital spending shall be deposited into the School Consolidation Aid Fund. No later than August 1, 2013, the Governor's Office of Management and Budget and the Treasurer shall jointly publish a rule to redivide that revenues. The Governor's Office of Management and Budget and the Treasurer shall exercise emergency rulemaking authority under the Illinois Administrative Procedure Act to adopt any emergency rules necessary for the implementation of this Article.

(c) Revenues generated from the play of video gaming terminals shall be deposited by the terminal operator, who is responsible for tax payments, in a specially created, separate bank account maintained by the video gaming terminal operator to allow for electronic fund transfers of moneys for tax payment.

(d) Each licensed establishment, licensed truck stop establishment, licensed fraternal establishment, and licensed veterans establishment shall maintain an adequate video gaming fund, with the amount to be determined by the Board.

(e) The State's percentage of net terminal income shall be reported and remitted to the Board within 15 days after the 15th day of each month and within 15 days after the end of each month by the video terminal operator. A video terminal operator who falsely reports or fails to report the amount due required by this Section is guilty of a Class 4 felony and is subject to termination of his or her license by the Board. Each video terminal operator shall keep a record of net terminal income in such form as the Board may require. All payments not remitted when due shall be paid together with a penalty assessment on the unpaid balance at a rate of 1.5% per month.

(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09.)

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