Rep. Charles G. Morrow III
Filed: 3/24/2004
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1 | AMENDMENT TO HOUSE BILL 2380
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2 | AMENDMENT NO. ______. Amend House Bill 2380 by replacing | ||||||
3 | the title with the following: | ||||||
4 | "AN ACT concerning gaming."; and | ||||||
5 | by replacing everything after the enacting clause with the | ||||||
6 | following:
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7 | "Section 5. The Riverboat Gambling Act is amended by | ||||||
8 | changing Section 13 as follows:
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9 | (230 ILCS 10/13) (from Ch. 120, par. 2413)
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10 | Sec. 13. Wagering tax; rate; distribution.
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11 | (a) Until January 1, 1998, a tax is imposed on the adjusted | ||||||
12 | gross
receipts received from gambling games authorized under | ||||||
13 | this Act at the rate of
20%.
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14 | (a-1) From January 1, 1998 until July 1, 2002, a privilege | ||||||
15 | tax is
imposed on persons engaged in the business of conducting | ||||||
16 | riverboat gambling
operations, based on the adjusted gross | ||||||
17 | receipts received by a licensed owner
from gambling games | ||||||
18 | authorized under this Act at the following rates:
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19 | 15% of annual adjusted gross receipts up to and | ||||||
20 | including $25,000,000;
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21 | 20% of annual adjusted gross receipts in excess of | ||||||
22 | $25,000,000 but not
exceeding $50,000,000;
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1 | 25% of annual adjusted gross receipts in excess of | ||||||
2 | $50,000,000 but not
exceeding $75,000,000;
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3 | 30% of annual adjusted gross receipts in excess of | ||||||
4 | $75,000,000 but not
exceeding $100,000,000;
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5 | 35% of annual adjusted gross receipts in excess of | ||||||
6 | $100,000,000.
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7 | (a-2) From July 1, 2002 until July 1, 2003, a privilege tax | ||||||
8 | is imposed on
persons engaged in the business of conducting | ||||||
9 | riverboat gambling operations,
other than licensed managers | ||||||
10 | conducting riverboat gambling operations on behalf
of the | ||||||
11 | State, based on the adjusted gross receipts received by a | ||||||
12 | licensed
owner from gambling games authorized under this Act at | ||||||
13 | the following rates:
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14 | 15% of annual adjusted gross receipts up to and | ||||||
15 | including $25,000,000;
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16 | 22.5% of annual adjusted gross receipts in excess of | ||||||
17 | $25,000,000 but not
exceeding $50,000,000;
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18 | 27.5% of annual adjusted gross receipts in excess of | ||||||
19 | $50,000,000 but not
exceeding $75,000,000;
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20 | 32.5% of annual adjusted gross receipts in excess of | ||||||
21 | $75,000,000 but not
exceeding $100,000,000;
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22 | 37.5% of annual adjusted gross receipts in excess of | ||||||
23 | $100,000,000 but not
exceeding $150,000,000;
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24 | 45% of annual adjusted gross receipts in excess of | ||||||
25 | $150,000,000 but not
exceeding $200,000,000;
| ||||||
26 | 50% of annual adjusted gross receipts in excess of | ||||||
27 | $200,000,000.
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28 | (a-3) Beginning July 1, 2003, a privilege tax is imposed on | ||||||
29 | persons engaged
in the business of conducting riverboat | ||||||
30 | gambling operations, other than
licensed managers conducting | ||||||
31 | riverboat gambling operations on behalf of the
State, based on | ||||||
32 | the adjusted gross receipts received by a licensed owner from
| ||||||
33 | gambling games authorized under this Act at the following | ||||||
34 | rates:
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1 | 15% of annual adjusted gross receipts up to and | ||||||
2 | including $25,000,000;
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3 | 27.5% of annual adjusted gross receipts in excess of | ||||||
4 | $25,000,000 but not
exceeding $37,500,000;
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5 | 32.5% of annual adjusted gross receipts in excess of | ||||||
6 | $37,500,000 but not
exceeding $50,000,000;
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7 | 37.5% of annual adjusted gross receipts in excess of | ||||||
8 | $50,000,000 but not
exceeding $75,000,000;
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9 | 45% of annual adjusted gross receipts in excess of | ||||||
10 | $75,000,000 but not
exceeding $100,000,000;
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11 | 50% of annual adjusted gross receipts in excess of | ||||||
12 | $100,000,000 but not
exceeding $250,000,000;
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13 | 70% of annual adjusted gross receipts in excess of | ||||||
14 | $250,000,000.
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15 | An amount equal to the amount of wagering taxes collected | ||||||
16 | under this
subsection (a-3) that are in addition to the amount | ||||||
17 | of wagering taxes that
would have been collected if the | ||||||
18 | wagering tax rates under subsection (a-2)
were in effect shall | ||||||
19 | be paid into the Common School Fund.
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20 | The privilege tax imposed under this subsection (a-3) shall | ||||||
21 | no longer be
imposed beginning on the earlier of (i) July 1, | ||||||
22 | 2005; (ii) the first date
after June 20, 2003
the effective | ||||||
23 | date of this amendatory Act of the
93rd General Assembly that | ||||||
24 | riverboat gambling operations are conducted
pursuant to a | ||||||
25 | dormant license; or (iii) the first day that riverboat gambling
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26 | operations are conducted under the authority of an owners | ||||||
27 | license that is in
addition to the 10 owners licenses initially | ||||||
28 | authorized under this Act.
For the purposes of this subsection | ||||||
29 | (a-3), the term "dormant license"
means an owners license that | ||||||
30 | is authorized by this Act under which no
riverboat gambling | ||||||
31 | operations are being conducted on June 20, 2003
the effective | ||||||
32 | date of this amendatory Act of the 93rd General Assembly .
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33 | (a-4) Beginning on the first day on which the tax imposed | ||||||
34 | under
subsection (a-3) is no longer imposed, a privilege tax is |
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1 | imposed on persons
engaged in the business of conducting | ||||||
2 | riverboat gambling operations, other
than licensed managers | ||||||
3 | conducting riverboat gambling operations on behalf of
the | ||||||
4 | State, based on the adjusted gross receipts received by a | ||||||
5 | licensed owner
from gambling games authorized under this Act at | ||||||
6 | the following rates:
| ||||||
7 | 15% of annual adjusted gross receipts up to and | ||||||
8 | including $25,000,000;
| ||||||
9 | 22.5% of annual adjusted gross receipts in excess of | ||||||
10 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
11 | 27.5% of annual adjusted gross receipts in excess of | ||||||
12 | $50,000,000 but not
exceeding $75,000,000;
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13 | 32.5% of annual adjusted gross receipts in excess of | ||||||
14 | $75,000,000 but not
exceeding $100,000,000;
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15 | 37.5% of annual adjusted gross receipts in excess of | ||||||
16 | $100,000,000 but not
exceeding $150,000,000;
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17 | 45% of annual adjusted gross receipts in excess of | ||||||
18 | $150,000,000 but not
exceeding $200,000,000;
| ||||||
19 | 50% of annual adjusted gross receipts in excess of | ||||||
20 | $200,000,000.
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21 | (a-8) Riverboat gambling operations conducted by a | ||||||
22 | licensed manager on
behalf of the State are not subject to the | ||||||
23 | tax imposed under this Section.
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24 | (a-10) The taxes imposed by this Section shall be paid by | ||||||
25 | the licensed
owner to the Board not later than 3:00 o'clock | ||||||
26 | p.m. of the day after the day
when the wagers were made.
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27 | (b) Until January 1, 1998, 25% of the tax revenue deposited | ||||||
28 | in the State
Gaming Fund under this Section shall be paid, | ||||||
29 | subject to appropriation by the
General Assembly, to the unit | ||||||
30 | of local government which is designated as the
home dock of the | ||||||
31 | riverboat. Beginning January 1, 1998, from the tax revenue
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32 | deposited in the State Gaming Fund under this Section, an | ||||||
33 | amount equal to 5% of
adjusted gross receipts generated by a | ||||||
34 | riverboat shall be paid monthly, subject
to appropriation by |
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1 | the General Assembly, to the unit of local government that
is | ||||||
2 | designated as the home dock of the riverboat. From the tax | ||||||
3 | revenue
deposited in the State Gaming Fund pursuant to | ||||||
4 | riverboat gambling operations
conducted by a licensed manager | ||||||
5 | on behalf of the State, an amount equal to 5%
of adjusted gross | ||||||
6 | receipts generated pursuant to those riverboat gambling
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7 | operations shall be paid monthly,
subject to appropriation by | ||||||
8 | the General Assembly, to the unit of local
government that is | ||||||
9 | designated as the home dock of the riverboat upon which
those | ||||||
10 | riverboat gambling operations are conducted.
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11 | (c) Appropriations, as approved by the General Assembly, | ||||||
12 | may be made
from the State Gaming Fund to the Department of | ||||||
13 | Revenue and the Department
of State Police for the | ||||||
14 | administration and enforcement of this Act, or to the
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15 | Department of Human Services for the administration of programs | ||||||
16 | to treat
problem gambling.
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17 | (c-5) After the payments required under subsections (b) and | ||||||
18 | (c) have been
made, an amount equal to 15% of the adjusted | ||||||
19 | gross receipts of (1) an owners
licensee that relocates | ||||||
20 | pursuant to Section 11.2,
(2) an owners licensee
license | ||||||
21 | conducting riverboat gambling operations
pursuant to an
owners | ||||||
22 | license that is initially issued after June
25, 1999,
or (3) | ||||||
23 | the first
riverboat gambling operations conducted by a licensed | ||||||
24 | manager on behalf of the
State under Section 7.3
7.2 ,
whichever | ||||||
25 | comes first, shall be paid from the State
Gaming Fund into the | ||||||
26 | Horse Racing Equity Fund.
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27 | (c-10) Each year the General Assembly shall appropriate | ||||||
28 | from the General
Revenue Fund to the Education Assistance Fund | ||||||
29 | an amount equal to the amount
paid into the Horse Racing Equity | ||||||
30 | Fund pursuant to subsection (c-5) in the
prior calendar year.
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31 | (c-15) After the payments required under subsections (b), | ||||||
32 | (c), and (c-5)
have been made, an amount equal to 2% of the | ||||||
33 | adjusted gross receipts of (1)
an owners licensee that | ||||||
34 | relocates pursuant to Section 11.2, (2) an owners
licensee |
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1 | conducting riverboat gambling operations pursuant to
an
owners | ||||||
2 | license that is initially issued after June 25, 1999,
or (3) | ||||||
3 | the first
riverboat gambling operations conducted by a licensed | ||||||
4 | manager on behalf of the
State under Section 7.3
7.2 ,
whichever | ||||||
5 | comes first, shall be paid, subject to appropriation
from the | ||||||
6 | General Assembly, from the State Gaming Fund to each home rule
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7 | county with a population of over 3,000,000 inhabitants for the | ||||||
8 | purpose of
enhancing the county's criminal justice system.
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9 | (c-20) Each year the General Assembly shall appropriate | ||||||
10 | from the General
Revenue Fund to the Education Assistance Fund | ||||||
11 | an amount equal to the amount
paid to each home rule county | ||||||
12 | with a population of over 3,000,000 inhabitants
pursuant to | ||||||
13 | subsection (c-15) in the prior calendar year.
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14 | (c-25) After the payments required under subsections (b), | ||||||
15 | (c), (c-5) , and
(c-15) have been made, an amount equal to 2% of | ||||||
16 | the
adjusted gross receipts of (1) an owners licensee
license | ||||||
17 | that
relocates pursuant to Section 11.2, (2) an
owners
licensee
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18 | license conducting riverboat gambling operations pursuant to
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19 | an
owners license
that is initially issued after June 25, 1999,
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20 | or (3) the first
riverboat gambling operations conducted by a | ||||||
21 | licensed manager on behalf of the
State under Section 7.3
7.2 ,
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22 | whichever
comes first,
shall be paid from the State
Gaming Fund | ||||||
23 | to Chicago State University.
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24 | (c-30) After the payments required under subsections (b), | ||||||
25 | (c), (c-5),
(c-15), and (c-25) have been made, an amount equal | ||||||
26 | to 1% of the
adjusted gross receipts of each riverboat shall be | ||||||
27 | paid from the State
Gaming Fund to the Supplemental Low-Income | ||||||
28 | Energy Assistance Fund.
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29 | (c-35) Each year the General Assembly shall appropriate | ||||||
30 | from the General
Revenue Fund to the Education Assistance Fund | ||||||
31 | an amount equal to the amount
paid into the Supplemental | ||||||
32 | Low-Income Energy Assistance Fund pursuant to subsection | ||||||
33 | (c-30) in the prior calendar year.
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34 | (d) From time to time, the
Board shall transfer the |
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1 | remainder of the funds
generated by this Act into the Education
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2 | Assistance Fund, created by Public Act 86-0018, of the State of | ||||||
3 | Illinois.
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4 | (e) Nothing in this Act shall prohibit the unit of local | ||||||
5 | government
designated as the home dock of the riverboat from | ||||||
6 | entering into agreements
with other units of local government | ||||||
7 | in this State or in other states to
share its portion of the | ||||||
8 | tax revenue.
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9 | (f) To the extent practicable, the Board shall administer | ||||||
10 | and collect the
wagering taxes imposed by this Section in a | ||||||
11 | manner consistent with the
provisions of Sections 4, 5, 5a, 5b, | ||||||
12 | 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
6c, 8, 9, and 10 of the | ||||||
13 | Retailers' Occupation Tax Act and Section 3-7 of the
Uniform | ||||||
14 | Penalty and Interest Act.
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15 | (Source: P.A. 92-595, eff. 6-28-02; 93-27, eff. 6-20-03; 93-28, | ||||||
16 | eff.
6-20-03; revised 1-28-04.)".
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