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92_HB6280 LRB9216594LDcs 1 AN ACT in relation to gambling. 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 Section 13 as follows: 6 (230 ILCS 10/13) (from Ch. 120, par. 2413) 7 Sec. 13. Wagering tax; rate; distribution. 8 (a) Until January 1, 1998, a tax is imposed on the 9 adjusted gross receipts received from gambling games 10 authorized under this Act at the rate of 20%. 11 FromBeginningJanuary 1, 1998 until July 1, 2002, a 12 privilege tax is imposed on persons engaged in the business 13 of conducting riverboat gambling operations, based on the 14 adjusted gross receipts received by a licensed owner from 15 gambling games authorized under this Act at the following 16 rates: 17 15% of annual adjusted gross receipts up to and 18 including $25,000,000; 19 20% of annual adjusted gross receipts in excess of 20 $25,000,000 but not exceeding $50,000,000; 21 25% of annual adjusted gross receipts in excess of 22 $50,000,000 but not exceeding $75,000,000; 23 30% of annual adjusted gross receipts in excess of 24 $75,000,000 but not exceeding $100,000,000; 25 35% of annual adjusted gross receipts in excess of 26 $100,000,000. 27 Beginning July 1, 2002, a privilege tax is imposed on 28 persons engaged in the business of conducting riverboat 29 gambling operations, based on the adjusted gross receipts 30 received by a licensed owner from gambling games authorized 31 under this Act at the following rates: -2- LRB9216594LDcs 1 26% of annual adjusted gross receipts up to and 2 including $25,000,000; 3 31% of annual adjusted gross receipts in excess of 4 $25,000,000 but not exceeding $50,000,000; 5 36% of annual adjusted gross receipts in excess of 6 $50,000,000 but not exceeding $75,000,000; 7 41% of annual adjusted gross receipts in excess of 8 $75,000,000 but not exceeding $100,000,000; 9 46% of annual adjusted gross receipts in excess of 10 $100,000,000. 11 The taxes imposed by this Section shall be paid by the 12 licensed owner to the Board nonotlater than 3:00 o'clock 13 p.m. of the day after the day when the wagers were made. 14 (b) Until January 1, 1998, 25% of the tax revenue 15 deposited in the State Gaming Fund under this Section shall 16 be paid, subject to appropriation by the General Assembly, to 17 the unit of local government which is designated as the home 18 dock of the riverboat. FromBeginningJanuary 1, 1998 until 19 July 1, 2002, from the tax revenue deposited in the State 20 Gaming Fund under this Section, an amount equal to 5% of 21 adjusted gross receipts generated by a riverboat shall be 22 paid monthly, subject to appropriation by the General 23 Assembly, to the unit of local government that is designated 24 as the home dock of the riverboat. Beginning July 1, 2002, 25 from the tax revenue deposited in the State Gaming Fund under 26 this Section, an amount equal to 6% of adjusted gross 27 receipts generated by a riverboat shall be paid monthly, 28 subject to appropriation by the General Assembly, to the unit 29 of local government that is designated as the home dock of 30 the riverboat. 31 (b-5) Beginning July 1, 2002, from the tax revenue 32 deposited in the State Gaming Fund under this Section, an 33 amount equal to 10% of the adjusted gross receipts generated 34 by all riverboats shall be transferred monthly from the State -3- LRB9216594LDcs 1 Gaming Fund to the General Revenue Fund. 2 (c) Appropriations, as approved by the General Assembly, 3 may be made from the State Gaming Fund to the Department of 4 Revenue and the Department of State Police for the 5 administration and enforcement of this Act. 6 (c-5) After the payments required under subsections (b) 7 and (c) have been made, each year the General Assembly shall 8 appropriate from the General Revenue Fund to the Education 9 Assistance Fund an amount equal to 15% of the adjusted gross 10 receipts of a riverboat (1) that relocates pursuant to 11 Section 11.2, or (2) for which an owners license is initially 12 issued after June 25,the effective date of this amendatory13Act of1999, whichever comes first., shall be paid from the14State Gaming Fund into the Horse Racing Equity Fund.15(c-10) Each year the General Assembly shall appropriate16from the General Revenue Fund to the Education Assistance17Fund an amount equal to the amount paid into the Horse Racing18Equity Fund pursuant to subsection (c-5) in the prior19calendar year.20 (c-15) After the payments required under subsections (b) 21 and,(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. -4- LRB9216594LDcs 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 (30 ILCS 105/5.490 rep.) 26 Section 10. The State Finance Act is amended by repealing 27 Section 5.490. 28 (230 ILCS 5/54 rep.) 29 Section 15. The Illinois Horse Racing Act of 1975 is 30 amended by repealing Section 54. 31 Section 99. Effective date. This Act takes effect July -5- LRB9216594LDcs 1 1, 2002.