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92_HB2381enr HB2381 Enrolled LRB9206711REmg 1 AN ACT in relation to taxation. 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 Sections 12 and 13 as follows: 6 (230 ILCS 10/12) (from Ch. 120, par. 2412) 7 Sec. 12. Admission tax; fees. 8 (a) A tax is hereby imposed upon admissions authorized 9 pursuant to this Act. Until July 1, 2002, the rate isat a10rate of$2 per person admitted. Beginning July 1, 2002, the 11 rate is $3 per person admitted. This admission tax is 12 imposed upon the licensed owner conducting gambling. 13 (1) The admission tax shall be paid for each 14 admission. 15 (2) (Blank). 16 (3) The riverboat licensee may issue tax-free 17 passes to actual and necessary officials and employees of 18 the licensee or other persons actually working on the 19 riverboat. 20 (4) The number and issuance of tax-free passes is 21 subject to the rules of the Board, and a list of all 22 persons to whom the tax-free passes are issued shall be 23 filed with the Board. 24 (b) From the$2tax imposed under subsection (a), a 25 municipality shall receive from the State $1 for each person 26 embarking on a riverboat docked within the municipality, and 27 a county shall receive $1 for each person embarking on a 28 riverboat docked within the county but outside the boundaries 29 of any municipality. The municipality's or county's share 30 shall be collected by the Board on behalf of the State and 31 remitted quarterly by the State, subject to appropriation, to HB2381 Enrolled -2- LRB9206711REmg 1 the treasurer of the unit of local government for deposit in 2 the general fund. 3 (c) The licensed owner shall pay the entire admission 4 tax to the Board. Such payments shall be made daily. 5 Accompanying each payment shall be a return on forms provided 6 by the Board which shall include other information regarding 7 admissions as the Board may require. Failure to submit 8 either the payment or the return within the specified time 9 may result in suspension or revocation of the owners license. 10 (d) The Board shall administer and collect the admission 11 tax imposed by this Section, to the extent practicable, in a 12 manner consistent with the provisions of Sections 4, 5, 5a, 13 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9 and 10 of 14 the Retailers' Occupation Tax Act and Section 3-7 of the 15 Uniform Penalty and Interest Act. 16 (Source: P.A. 91-40, eff. 6-25-99.) 17 (230 ILCS 10/13) (from Ch. 120, par. 2413) 18 Sec. 13. Wagering tax; rate; distribution. 19 (a) Until January 1, 1998, a tax is imposed on the 20 adjusted gross receipts received from gambling games 21 authorized under this Act at the rate of 20%. 22 FromBeginningJanuary 1, 1998 until July 1, 2002, a 23 privilege tax is imposed on persons engaged in the business 24 of conducting riverboat gambling operations, based on the 25 adjusted gross receipts received by a licensed owner from 26 gambling games authorized under this Act at the following 27 rates: 28 15% of annual adjusted gross receipts up to and 29 including $25,000,000; 30 20% of annual adjusted gross receipts in excess of 31 $25,000,000 but not exceeding $50,000,000; 32 25% of annual adjusted gross receipts in excess of 33 $50,000,000 but not exceeding $75,000,000; HB2381 Enrolled -3- LRB9206711REmg 1 30% of annual adjusted gross receipts in excess of 2 $75,000,000 but not exceeding $100,000,000; 3 35% of annual adjusted gross receipts in excess of 4 $100,000,000. 5 Beginning July 1, 2002, a privilege tax is imposed on 6 persons engaged in the business of conducting riverboat 7 gambling operations, based on the adjusted gross receipts 8 received by a licensed owner from gambling games authorized 9 under this Act at the following rates: 10 15% of annual adjusted gross receipts up to and 11 including $25,000,000; 12 22.5% of annual adjusted gross receipts in excess of 13 $25,000,000 but not exceeding $50,000,000; 14 27.5% of annual adjusted gross receipts in excess of 15 $50,000,000 but not exceeding $75,000,000; 16 32.5% of annual adjusted gross receipts in excess of 17 $75,000,000 but not exceeding $100,000,000; 18 37.5% of annual adjusted gross receipts in excess of 19 $100,000,000 but not exceeding $150,000,000; 20 45% of annual adjusted gross receipts in excess of 21 $150,000,000 but not exceeding $200,000,000; 22 50% of annual adjusted gross receipts in excess of 23 $200,000,000. 24 The taxes imposed by this Section shall be paid by the 25 licensed owner to the Board not later than 3:00 o'clock p.m. 26 of the day after the day when the wagers were made. 27 (b) Until January 1, 1998, 25% of the tax revenue 28 deposited in the State Gaming Fund under this Section shall 29 be paid, subject to appropriation by the General Assembly, to 30 the unit of local government which is designated as the home 31 dock of the riverboat. Beginning January 1, 1998, from the 32 tax revenue deposited in the State Gaming Fund under this 33 Section, an amount equal to 5% of adjusted gross receipts 34 generated by a riverboat shall be paid monthly, subject to HB2381 Enrolled -4- LRB9206711REmg 1 appropriation by the General Assembly, to the unit of local 2 government that is designated as the home dock of the 3 riverboat. 4 (c) Appropriations, as approved by the General Assembly, 5 may be made from the State Gaming Fund to the Department of 6 Revenue and the Department of State Police for the 7 administration and enforcement of this Act. 8 (c-5) After the payments required under subsections (b) 9 and (c) have been made, an amount equal to 15% of the 10 adjusted gross receipts of a riverboat (1) that relocates 11 pursuant to Section 11.2, or (2) for which an owners license 12 is initially issued after the effective date of this 13 amendatory Act of 1999, whichever comes first, shall be paid 14 from the State Gaming Fund into the Horse Racing Equity Fund. 15 (c-10) Each year the General Assembly shall appropriate 16 from the General Revenue Fund to the Education Assistance 17 Fund an amount equal to the amount paid into the Horse Racing 18 Equity Fund pursuant to subsection (c-5) in the prior 19 calendar year. 20 (c-15) After the payments required under subsections 21 (b), (c), and (c-5) have been made, an amount equal to 2% of 22 the adjusted gross receipts of a riverboat (1) that relocates 23 pursuant to Section 11.2, or (2) for which an owners license 24 is initially issued after the effective date of this 25 amendatory Act of 1999, whichever comes first, shall be paid, 26 subject to appropriation from the General Assembly, from the 27 State Gaming Fund to each home rule county with a population 28 of over 3,000,000 inhabitants for the purpose of enhancing 29 the county's criminal justice system. 30 (c-20) Each year the General Assembly shall appropriate 31 from the General Revenue Fund to the Education Assistance 32 Fund an amount equal to the amount paid to each home rule 33 county with a population of over 3,000,000 inhabitants 34 pursuant to subsection (c-15) in the prior calendar year. HB2381 Enrolled -5- LRB9206711REmg 1 (c-25) After the payments required under subsections 2 (b), (c), (c-5) and (c-15) have been made, an amount equal to 3 2% of the adjusted gross receipts of a riverboat (1) that 4 relocates pursuant to Section 11.2, or (2) for which an 5 owners license is initially issued after the effective date 6 of this amendatory Act of 1999, whichever comes first, shall 7 be paid from the State Gaming Fund into the State 8 Universities Athletic Capital Improvement Fund. 9 (d) From time to time, the Board shall transfer the 10 remainder of the funds generated by this Act into the 11 Education Assistance Fund, created by Public Act 86-0018, of 12 the State of Illinois. 13 (e) Nothing in this Act shall prohibit the unit of local 14 government designated as the home dock of the riverboat from 15 entering into agreements with other units of local government 16 in this State or in other states to share its portion of the 17 tax revenue. 18 (f) To the extent practicable, the Board shall 19 administer and collect the wagering taxes imposed by this 20 Section in a manner consistent with the provisions of 21 Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 22 6c, 8, 9, and 10 of the Retailers' Occupation Tax Act and 23 Section 3-7 of the Uniform Penalty and Interest Act. 24 (Source: P.A. 90-548, eff. 12-4-97; 91-40, eff. 6-25-99.) 25 Section 99. Effective date. This Act takes effect upon 26 becoming law.