[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
91_HB3498
LRB9112628LDpk
1 AN ACT in relation to infrastructure improvement in
2 depressed municipalities, amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The State Finance Act is amended by adding
6 Section 5.541 as follows:
7 (30 ILCS 105/5.541 new)
8 Sec. 5.541. The Depressed Municipalities Fund.
9 Section 10. The Riverboat Gambling Act is amended by
10 changing Sections 13 and 23 and adding Section 13.2 as
11 follows:
12 (230 ILCS 10/13) (from Ch. 120, par. 2413)
13 Sec. 13. Wagering tax; rate; distribution.
14 (a) Until January 1, 1998, a tax is imposed on the
15 adjusted gross receipts received from gambling games
16 authorized under this Act at the rate of 20%.
17 Beginning January 1, 1998, a privilege tax is imposed on
18 persons engaged in the business of conducting riverboat
19 gambling operations, based on the adjusted gross receipts
20 received by a licensed owner from gambling games authorized
21 under this Act at the following rates:
22 15% of annual adjusted gross receipts up to and
23 including $25,000,000;
24 20% of annual adjusted gross receipts in excess of
25 $25,000,000 but not exceeding $50,000,000;
26 25% of annual adjusted gross receipts in excess of
27 $50,000,000 but not exceeding $75,000,000;
28 30% of annual adjusted gross receipts in excess of
29 $75,000,000 but not exceeding $100,000,000;
-2- LRB9112628LDpk
1 35% of annual adjusted gross receipts in excess of
2 $100,000,000.
3 The taxes imposed by this Section shall be paid by the
4 licensed owner to the Board not later than 3:00 o'clock p.m.
5 of the day after the day when the wagers were made.
6 (b) Until January 1, 1998, 25% of the tax revenue
7 deposited in the State Gaming Fund under this Section shall
8 be paid, subject to appropriation by the General Assembly, to
9 the unit of local government which is designated as the home
10 dock of the riverboat. Beginning January 1, 1998, from the
11 tax revenue deposited in the State Gaming Fund under this
12 Section, an amount equal to 5% of adjusted gross receipts
13 generated by a riverboat shall be paid monthly, subject to
14 appropriation by the General Assembly, to the unit of local
15 government that is designated as the home dock of the
16 riverboat.
17 (c) Appropriations, as approved by the General Assembly,
18 may be made from the State Gaming Fund to the Department of
19 Revenue and the Department of State Police for the
20 administration and enforcement of this Act.
21 (c-5) After the payments required under subsections (b)
22 and (c) have been made, an amount equal to 15% of the
23 adjusted gross receipts of a riverboat (1) that relocates
24 pursuant to Section 11.2, or (2) for which an owners license
25 is initially issued after the effective date of this
26 amendatory Act of 1999, whichever comes first, shall be paid
27 from the State Gaming Fund into the Horse Racing Equity Fund.
28 (c-10) Each year the General Assembly shall appropriate
29 from the General Revenue Fund to the Education Assistance
30 Fund an amount equal to the amount paid into the Horse Racing
31 Equity Fund pursuant to subsection (c-5) in the prior
32 calendar year.
33 (c-15) After the payments required under subsections
34 (b), (c), and (c-5) have been made, an amount equal to 2% of
-3- LRB9112628LDpk
1 the adjusted gross receipts of a riverboat (1) that relocates
2 pursuant to Section 11.2, or (2) for which an owners license
3 is initially issued after the effective date of this
4 amendatory Act of 1999, whichever comes first, shall be paid,
5 subject to appropriation from the General Assembly, from the
6 State Gaming Fund to each home rule county with a population
7 of over 3,000,000 inhabitants for the purpose of enhancing
8 the county's criminal justice system.
9 (c-20) 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 to each home rule
12 county with a population of over 3,000,000 inhabitants
13 pursuant to subsection (c-15) in the prior calendar year.
14 (c-25) After the payments required under subsections
15 (b), (c), (c-5) and (c-15) have been made, an amount equal to
16 2% of the adjusted gross receipts of a riverboat (1) that
17 relocates pursuant to Section 11.2, or (2) for which an
18 owners license is initially issued after the effective date
19 of this amendatory Act of 1999, whichever comes first, shall
20 be paid from the State Gaming Fund into the State
21 Universities Athletic Capital Improvement Fund.
22 (d) From time to time, the Board shall transfer the
23 remainder of the funds generated by this Act, except the tax
24 revenue generated pursuant to Section 13.2, into the
25 Education Assistance Fund, created by Public Act 86-0018, of
26 the State of Illinois.
27 (e) Nothing in this Act shall prohibit the unit of local
28 government designated as the home dock of the riverboat from
29 entering into agreements with other units of local government
30 in this State or in other states to share its portion of the
31 tax revenue.
32 (f) To the extent practicable, the Board shall
33 administer and collect the wagering taxes imposed by this
34 Section in a manner consistent with the provisions of
-4- LRB9112628LDpk
1 Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
2 6c, 8, 9, and 10 of the Retailers' Occupation Tax Act and
3 Section 3-7 of the Uniform Penalty and Interest Act.
4 (Source: P.A. 90-548, eff. 12-4-97; 91-40, eff. 6-25-99.)
5 (230 ILCS 10/13.2 new)
6 Sec. 13.2. Supplemental tax.
7 (a) Beginning January 1, 2001, there is imposed a
8 supplemental tax on the adjusted gross receipts of each
9 licensed owner conducting gambling operations under this Act
10 at the rate of 0.5% of adjusted gross receipts. The tax
11 imposed under this Section shall be due and payable on the
12 last day of April next following the end of the calendar
13 year. The State Treasurer shall have a lien against the
14 property constituting the riverboats and on-shore facilities
15 owned by a licensee for the amount of any tax not paid when
16 due.
17 (b) Each licensee shall pay to the State Treasurer on or
18 before the 15th day of the first, fourth, seventh, and tenth
19 months of each year as partial payments of the supplemental
20 tax imposed under subsection (a) an amount equal to 0.25% of
21 the estimated gross receipts for the 3-month period
22 immediately preceding the first day of those months. The
23 moneys received from a licensee shall be placed in that
24 licensee's special account within the Depressed
25 Municipalities Fund, which is hereby created as a Special
26 Fund in the State Treasury. Moneys in an account in the Fund
27 shall be paid to municipalities that are (1) located in the
28 county where the riverboat that paid into that account docks
29 or in a county that is contiguous to that county, and (2) in
30 the bottom 10% in per capita income in that group of
31 counties. Moneys paid to a municipality pursuant to this
32 subsection (b) shall be used for infrastructure improvement
33 projects within that municipality.
-5- LRB9112628LDpk
1 (c) If a licensee fails to pay the amount due or
2 underpays by an unjustifiable amount, the Gaming Board shall
3 impose a fine of 5% of the amount due or of the underpayment,
4 as the case may be, for each month or portion of a month the
5 licensee is in default of payment, up to 25% of the amount in
6 default. Any fine imposed upon a licensee shall be paid into
7 that licensee's account within the Depressed Municipalities
8 Fund.
9 (230 ILCS 10/23) (from Ch. 120, par. 2423)
10 Sec. 23. The State Gaming Fund. On or after the
11 effective date of this Act, all of the fees and taxes
12 collected pursuant to subsections of this Act, except tax
13 revenue collected pursuant to Section 13.2, shall be
14 deposited into the State Gaming Fund, a special fund in the
15 State Treasury, which is hereby created. Fines and penalties
16 collected pursuant to this Act shall be deposited into the
17 Education Assistance Fund, created by Public Act 86-0018, of
18 the State of Illinois.
19 (Source: P.A. 86-1029.)
20 Section 99. Effective date. This Act takes effect upon
21 becoming law.