State of Illinois
92nd General Assembly
Legislation

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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        From Beginning January 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 no not later  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.  From Beginning January 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  amendatory
13    Act  of  1999, whichever comes first., shall be paid from the
14    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 (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.
 
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 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.

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