95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB2081

 

Introduced 2/14/2008, by Sen. Matt Murphy

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Governor's Office of Management and Budget Act to require the Governor's Office of Management and Budget to provide a quarterly report to specified State officers on the status of all capital projects in the State. Amends the General Obligation Bond Act. Increases the amount of the authorization of State bonds by $2,000,000,000, $1,575,000,000 for State highways, arterial highways, freeways, roads, bridges, structures separating highways and railroads and roads, and bridges on roads maintained by counties, municipalities, townships, or road districts for use statewide (the proceeds of which are deposited into the Transportation Bond, Series D Fund) and $425,000,000 for rail facilities and mass transit facilities statewide. Amends the Riverboat Gambling Act. Provides that all of the moneys deposited into the State Gaming Fund from the issuance of the 10th owners license pursuant to competitive bidding shall be transferred as soon as practical into the School Construction Fund and used to make school construction grants pursuant to the School Construction Law. Provides that, after specified other payments are made, the remainder of the revenue generated under the Act by the 10th owners license shall be transferred monthly into the Transportation Capital Lockbox Fund. Makes other changes. Amends the State Finance Act to create the Transportation Bond, Series D Fund and the Transportation Capital Lockbox Fund as special funds in the State treasury. Provides that the Transportation Capital Lockbox Fund shall be used for the purpose of paying and discharging annually the principal and interest on bonded indebtedness for certain construction of transportation improvements and for no other purpose. Effective immediately.


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FISCAL NOTE ACT MAY APPLY
STATE DEBT IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1     AN ACT concerning finance.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Governor's Office of Management and Budget
5 Act is amended by changing Section 2 and by adding Section 2.8
6 as follows:
 
7     (20 ILCS 3005/2)  (from Ch. 127, par. 412)
8     Sec. 2. There is created in the executive office of the
9 Governor an Office to be known as the Governor's Office of
10 Management and Budget. The Office shall be headed by a
11 Director, who shall be appointed by the Governor. The functions
12 of the Office shall be as prescribed in those Sections
13 following this Section and preceding Section 3 2.1 through 2.7
14 of this Act.
15 (Source: P.A. 93-25, eff. 6-20-03.)
 
16     (20 ILCS 3005/2.8 new)
17     Sec. 2.8. Reports on capital spending. To provide on the
18 first day of each quarterly period in each fiscal year, to the
19 State Comptroller, the State Treasurer, the President and the
20 Minority Leader of the Senate, and the Speaker and the Minority
21 Leader of the House of Representatives, a report on the status
22 of all State-funded capital projects in the State. The report

 

 

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1 must be provided in both written and electronic format. The
2 report must include all of the following:
3         (1) A brief description of each capital project and its
4     stated purpose (referred to in this Section as "project").
5         (2) The amount and source of funds (whether from bond
6     funds or other revenues) appropriated for each project,
7     organized into categories including roads, mass transit,
8     schools, environment, civic centers, and other categories
9     as applicable (referred to in this Section as "category" or
10     "categories"), with subtotals for each category.
11         (3) The date the appropriation bill relating to each
12     project was signed by the Governor, organized into
13     categories.
14         (4) The date the written release of the Governor for
15     each project was submitted to the Comptroller or is
16     projected to be submitted and, if a release for any project
17     has not been submitted within 6 months after its
18     appropriation became law, an explanation of why the project
19     has not yet been released, all organized into categories.
20         (5) The amount of expenditures to date by the State
21     relating to each project and estimated amount of total
22     State expenditures and proposed schedule of future State
23     expenditures relating to each project, all organized into
24     categories.
25         (6) A timeline for completion of each project,
26     including the date, if applicable, of execution by the

 

 

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1     State of any grant agreement, the dates of any required
2     engineering or design work or environmental approvals, and
3     the estimated or actual dates of the start and completion
4     of construction, all organized into categories. Any
5     substantial variances on any project from this reported
6     timeline must be explained in the next quarterly report.
7         (7) A summary report of the status of all projects,
8     including the amount of undisbursed funds intended to be
9     held or used in the next quarter.
 
10     Section 10. The State Finance Act is amended by adding
11 Sections 5.710, 5.711, 6z-76, and 6z-77 as follows:
 
12     (30 ILCS 105/5.710 new)
13     Sec. 5.710. The Transportation Bond, Series D Fund.
 
14     (30 ILCS 105/5.711 new)
15     Sec. 5.711. The Transportation Capital Lockbox Fund.
 
16     (30 ILCS 105/6z-76 new)
17     Sec. 6z-76. The Transportation Capital Lockbox Fund.
18     (a) The Transportation Capital Lockbox Fund is created as a
19 special fund in the State treasury.
20     (b) Subject to the transfer provisions set forth in this
21 subsection (b), money in the Transportation Capital Lockbox
22 Fund shall, if and when the State of Illinois incurs any bonded

 

 

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1 indebtedness for the construction of transportation
2 improvements funded by general obligation bonds authorized by
3 this amendatory Act of the 95th General Assembly, be set aside
4 and used for the purpose of paying and discharging annually the
5 principal and interest on that bonded indebtedness then due and
6 payable, and for no other purpose.
7     In addition to other transfers to the General Obligation
8 Bond Retirement and Interest Fund made pursuant to Section 15
9 of the General Obligation Bond Act, upon each delivery of bonds
10 issued for construction of transportation improvements funded
11 by general obligation bonds authorized by this amendatory Act
12 of the 95th General Assembly, the State Comptroller shall
13 compute and certify to the State Treasurer the total amount of
14 principal of, interest on, and premium, if any, on such bonds
15 during the then current and each succeeding fiscal year. With
16 respect to the interest payable on variable rate bonds, such
17 certifications shall be calculated at the maximum rate of
18 interest that may be payable during the fiscal year, after
19 taking into account any credits permitted in the related
20 indenture or other instrument against the amount of such
21 interest required to be appropriated for that period.
22     On or before the last day of each month, the State
23 Treasurer and State Comptroller shall transfer from the
24 Transportation Capital Lockbox Fund to the General Obligation
25 Bond Retirement and Interest Fund an amount sufficient to pay
26 the aggregate of the principal of, interest on, and premium, if

 

 

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1 any, on the bonds payable on their next payment date, divided
2 by the number of monthly transfers occurring between the last
3 previous payment date (or the delivery date if no payment date
4 has yet occurred) and the next succeeding payment date.
5 Interest payable on variable rate bonds shall be calculated at
6 the maximum rate of interest that may be payable for the
7 relevant period, after taking into account any credits
8 permitted in the related indenture or other instrument against
9 the amount of such interest required to be appropriated for
10 that period. Interest for which moneys have already been
11 deposited into the capitalized interest account within the
12 General Obligation Bond Retirement and Interest Fund shall not
13 be included in the calculation of the amounts to be transferred
14 under this subsection (b).
 
15     (30 ILCS 105/6z-77 new)
16     Sec. 6z-77. The Transportation Bond, Series D Fund. The
17 Transportation Bond, Series D Fund is created as a special fund
18 in the State treasury. Moneys in the Fund may be used by the
19 Department of Transportation, subject to appropriation, for
20 State highways, arterial highways, freeways, roads, bridges,
21 structures separating highways and railroads and roads, and
22 bridges on roads maintained by counties, municipalities,
23 townships, or road districts for use statewide. Any interest
24 earned on moneys in the Fund must be deposited into the Fund.
 

 

 

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1     Section 15. The General Obligation Bond Act is amended by
2 changing Sections 2, 4, 5, and 12 as follows:
 
3     (30 ILCS 330/2)  (from Ch. 127, par. 652)
4     Sec. 2. Authorization for Bonds. The State of Illinois is
5 authorized to issue, sell and provide for the retirement of
6 General Obligation Bonds of the State of Illinois for the
7 categories and specific purposes expressed in Sections 2
8 through 8 of this Act, in the total amount of $29,658,149,369
9 $27,658,149,369.
10     The bonds authorized in this Section 2 and in Section 16 of
11 this Act are herein called "Bonds".
12     Of the total amount of Bonds authorized in this Act, up to
13 $2,200,000,000 in aggregate original principal amount may be
14 issued and sold in accordance with the Baccalaureate Savings
15 Act in the form of General Obligation College Savings Bonds.
16     Of the total amount of Bonds authorized in this Act, up to
17 $300,000,000 in aggregate original principal amount may be
18 issued and sold in accordance with the Retirement Savings Act
19 in the form of General Obligation Retirement Savings Bonds.
20     Of the total amount of Bonds authorized in this Act, the
21 additional $10,000,000,000 authorized by this amendatory Act
22 of the 93rd General Assembly shall be used solely as provided
23 in Section 7.2.
24     The issuance and sale of Bonds pursuant to the General
25 Obligation Bond Act is an economical and efficient method of

 

 

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1 financing the long-term capital needs of the State. This Act
2 will permit the issuance of a multi-purpose General Obligation
3 Bond with uniform terms and features. This will not only lower
4 the cost of registration but also reduce the overall cost of
5 issuing debt by improving the marketability of Illinois General
6 Obligation Bonds.
7 (Source: P.A. 92-13, eff. 6-22-01; 92-596, eff. 6-28-02;
8 92-598, eff. 6-28-02; 93-2, eff. 4-7-03; 93-839, eff. 7-30-04.)
 
9     (30 ILCS 330/4)  (from Ch. 127, par. 654)
10     Sec. 4. Transportation. The amount of $7,313,399,000
11 $5,313,399,000 is authorized for use by the Department of
12 Transportation for the specific purpose of promoting and
13 assuring rapid, efficient, and safe highway, air and mass
14 transportation for the inhabitants of the State by providing
15 monies, including the making of grants and loans, for the
16 acquisition, construction, reconstruction, extension and
17 improvement of the following transportation facilities and
18 equipment, and for the acquisition of real property and
19 interests in real property required or expected to be required
20 in connection therewith as follows:
21     (a) $3,432,129,000 for State highways, arterial highways,
22 freeways, roads, bridges, structures separating highways and
23 railroads and roads, and bridges on roads maintained by
24 counties, municipalities, townships or road districts for the
25 following specific purposes:

 

 

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1         (1) $3,330,000,000 for use statewide,
2         (2) $3,677,000 for use outside the Chicago urbanized
3     area,
4         (3) $7,543,000 for use within the Chicago urbanized
5     area,
6         (4) $13,060,600 for use within the City of Chicago,
7         (5) $58,987,500 for use within the counties of Cook,
8     DuPage, Kane, Lake, McHenry and Will, and
9         (6) $18,860,900 for use outside the counties of Cook,
10     DuPage, Kane, Lake, McHenry and Will.
11     (b) $1,954,670,000 $1,529,670,000 for rail facilities and
12 for mass transit facilities, as defined in Section 2705-305 of
13 the Department of Transportation Law (20 ILCS 2705/2705-305),
14 including rapid transit, rail, bus and other equipment used in
15 connection therewith by the State or any unit of local
16 government, special transportation district, municipal
17 corporation or other corporation or public authority
18 authorized to provide and promote public transportation within
19 the State or two or more of the foregoing jointly, for the
20 following specific purposes:
21         (1) $1,858,870,000 $1,433,870,000 statewide,
22         (2) $83,350,000 for use within the counties of Cook,
23     DuPage, Kane, Lake, McHenry and Will,
24         (3) $12,450,000 for use outside the counties of Cook,
25     DuPage, Kane, Lake, McHenry and Will.
26     (c) $351,600,000 for airport or aviation facilities and any

 

 

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1 equipment used in connection therewith, including engineering
2 and land acquisition costs, by the State or any unit of local
3 government, special transportation district, municipal
4 corporation or other corporation or public authority
5 authorized to provide public transportation within the State,
6 or two or more of the foregoing acting jointly, and for the
7 making of deposits into the Airport Land Loan Revolving Fund
8 for loans to public airport owners pursuant to the Illinois
9 Aeronautics Act.
10     (d) $1,575,000,000 for State highways, arterial highways,
11 freeways, roads, bridges, structures separating highways and
12 railroads and roads, and bridges on roads maintained by
13 counties, municipalities, townships, or road districts for use
14 statewide.
15 (Source: P.A. 91-39, eff. 6-15-99; 91-239, eff. 1-1-00; 91-712,
16 eff. 7-1-00; 92-13, eff. 6-22-01.)
 
17     (30 ILCS 330/12)  (from Ch. 127, par. 662)
18     Sec. 12. Allocation of Proceeds from Sale of Bonds.
19     (a) Proceeds from the sale of Bonds, authorized by Section
20 3 of this Act, shall be deposited in the separate fund known as
21 the Capital Development Fund.
22     (b) Proceeds from the sale of Bonds, authorized by
23 paragraph (a) of Section 4 of this Act, shall be deposited in
24 the separate fund known as the Transportation Bond, Series A
25 Fund.

 

 

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1     (c) Proceeds from the sale of Bonds, authorized by
2 paragraphs (b) and (c) of Section 4 of this Act, shall be
3 deposited in the separate fund known as the Transportation
4 Bond, Series B Fund.
5     (c-2) Proceeds from the sale of bonds authorized by
6 paragraph (d) of Section 4 of this Act shall be deposited into
7 the Transportation Bond, Series D Fund.
8     (d) Proceeds from the sale of Bonds, authorized by Section
9 5 of this Act, shall be deposited in the separate fund known as
10 the School Construction Fund.
11     (e) Proceeds from the sale of Bonds, authorized by Section
12 6 of this Act, shall be deposited in the separate fund known as
13 the Anti-Pollution Fund.
14     (f) Proceeds from the sale of Bonds, authorized by Section
15 7 of this Act, shall be deposited in the separate fund known as
16 the Coal Development Fund.
17     (f-2) Proceeds from the sale of Bonds, authorized by
18 Section 7.2 of this Act, shall be deposited as set forth in
19 Section 7.2.
20     (f-5) Proceeds from the sale of Bonds, authorized by
21 Section 7.5 of this Act, shall be deposited as set forth in
22 Section 7.5.
23     (g) Proceeds from the sale of Bonds, authorized by Section
24 8 of this Act, shall be deposited in the Capital Development
25 Fund.
26     (h) Subsequent to the issuance of any Bonds for the

 

 

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1 purposes described in Sections 2 through 8 of this Act, the
2 Governor and the Director of the Governor's Office of
3 Management and Budget may provide for the reallocation of
4 unspent proceeds of such Bonds to any other purposes authorized
5 under said Sections of this Act, subject to the limitations on
6 aggregate principal amounts contained therein. Upon any such
7 reallocation, such unspent proceeds shall be transferred to the
8 appropriate funds as determined by reference to paragraphs (a)
9 through (g) of this Section.
10 (Source: P.A. 93-2, eff. 4-7-03; 94-793, eff. 5-19-06.)
 
11     Section 20. The Riverboat Gambling Act is amended by
12 changing Section 13 as follows:
 
13     (230 ILCS 10/13)  (from Ch. 120, par. 2413)
14     Sec. 13. Wagering tax; rate; distribution.
15     (a) Until January 1, 1998, a tax is imposed on the adjusted
16 gross receipts received from gambling games authorized under
17 this Act at the rate of 20%.
18     (a-1) From January 1, 1998 until July 1, 2002, a privilege
19 tax is imposed on persons engaged in the business of conducting
20 riverboat gambling operations, based on the adjusted gross
21 receipts received by a licensed owner from gambling games
22 authorized under this Act at the following rates:
23         15% of annual adjusted gross receipts up to and
24     including $25,000,000;

 

 

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1         20% of annual adjusted gross receipts in excess of
2     $25,000,000 but not exceeding $50,000,000;
3         25% of annual adjusted gross receipts in excess of
4     $50,000,000 but not exceeding $75,000,000;
5         30% of annual adjusted gross receipts in excess of
6     $75,000,000 but not exceeding $100,000,000;
7         35% of annual adjusted gross receipts in excess of
8     $100,000,000.
9     (a-2) From July 1, 2002 until July 1, 2003, a privilege tax
10 is imposed on persons engaged in the business of conducting
11 riverboat gambling operations, other than licensed managers
12 conducting riverboat gambling operations on behalf of the
13 State, based on the adjusted gross receipts received by a
14 licensed owner from gambling games authorized under this Act at
15 the following rates:
16         15% of annual adjusted gross receipts up to and
17     including $25,000,000;
18         22.5% of annual adjusted gross receipts in excess of
19     $25,000,000 but not exceeding $50,000,000;
20         27.5% of annual adjusted gross receipts in excess of
21     $50,000,000 but not exceeding $75,000,000;
22         32.5% of annual adjusted gross receipts in excess of
23     $75,000,000 but not exceeding $100,000,000;
24         37.5% of annual adjusted gross receipts in excess of
25     $100,000,000 but not exceeding $150,000,000;
26         45% of annual adjusted gross receipts in excess of

 

 

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1     $150,000,000 but not exceeding $200,000,000;
2         50% of annual adjusted gross receipts in excess of
3     $200,000,000.
4     (a-3) Beginning July 1, 2003, a privilege tax is imposed on
5 persons engaged in the business of conducting riverboat
6 gambling operations, other than licensed managers conducting
7 riverboat gambling operations on behalf of the State, based on
8 the adjusted gross receipts received by a licensed owner from
9 gambling games authorized under this Act at the following
10 rates:
11         15% of annual adjusted gross receipts up to and
12     including $25,000,000;
13         27.5% of annual adjusted gross receipts in excess of
14     $25,000,000 but not exceeding $37,500,000;
15         32.5% of annual adjusted gross receipts in excess of
16     $37,500,000 but not exceeding $50,000,000;
17         37.5% of annual adjusted gross receipts in excess of
18     $50,000,000 but not exceeding $75,000,000;
19         45% of annual adjusted gross receipts in excess of
20     $75,000,000 but not exceeding $100,000,000;
21         50% of annual adjusted gross receipts in excess of
22     $100,000,000 but not exceeding $250,000,000;
23         70% of annual adjusted gross receipts in excess of
24     $250,000,000.
25     An amount equal to the amount of wagering taxes collected
26 under this subsection (a-3) that are in addition to the amount

 

 

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1 of wagering taxes that would have been collected if the
2 wagering tax rates under subsection (a-2) were in effect shall
3 be paid into the Common School Fund.
4     The privilege tax imposed under this subsection (a-3) shall
5 no longer be imposed beginning on the earlier of (i) July 1,
6 2005; (ii) the first date after June 20, 2003 that riverboat
7 gambling operations are conducted pursuant to a dormant
8 license; or (iii) the first day that riverboat gambling
9 operations are conducted under the authority of an owners
10 license that is in addition to the 10 owners licenses initially
11 authorized under this Act. For the purposes of this subsection
12 (a-3), the term "dormant license" means an owners license that
13 is authorized by this Act under which no riverboat gambling
14 operations are being conducted on June 20, 2003.
15     (a-4) Beginning on the first day on which the tax imposed
16 under subsection (a-3) is no longer imposed, a privilege tax is
17 imposed on persons engaged in the business of conducting
18 riverboat gambling operations, other than licensed managers
19 conducting riverboat gambling operations on behalf of the
20 State, based on the adjusted gross receipts received by a
21 licensed owner from gambling games authorized under this Act at
22 the following rates:
23         15% of annual adjusted gross receipts up to and
24     including $25,000,000;
25         22.5% of annual adjusted gross receipts in excess of
26     $25,000,000 but not exceeding $50,000,000;

 

 

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1         27.5% of annual adjusted gross receipts in excess of
2     $50,000,000 but not exceeding $75,000,000;
3         32.5% of annual adjusted gross receipts in excess of
4     $75,000,000 but not exceeding $100,000,000;
5         37.5% of annual adjusted gross receipts in excess of
6     $100,000,000 but not exceeding $150,000,000;
7         45% of annual adjusted gross receipts in excess of
8     $150,000,000 but not exceeding $200,000,000;
9         50% of annual adjusted gross receipts in excess of
10     $200,000,000.
11     (a-8) Riverboat gambling operations conducted by a
12 licensed manager on behalf of the State are not subject to the
13 tax imposed under this Section.
14     (a-10) The taxes imposed by this Section shall be paid by
15 the licensed owner to the Board not later than 3:00 o'clock
16 p.m. of the day after the day when the wagers were made.
17     (a-15) If the privilege tax imposed under subsection (a-3)
18 is no longer imposed pursuant to item (i) of the last paragraph
19 of subsection (a-3), then by June 15 of each year, each owners
20 licensee, other than an owners licensee that admitted 1,000,000
21 persons or fewer in calendar year 2004, must, in addition to
22 the payment of all amounts otherwise due under this Section,
23 pay to the Board a reconciliation payment in the amount, if
24 any, by which the licensed owner's base amount exceeds the
25 amount of net privilege tax paid by the licensed owner to the
26 Board in the then current State fiscal year. A licensed owner's

 

 

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1 net privilege tax obligation due for the balance of the State
2 fiscal year shall be reduced up to the total of the amount paid
3 by the licensed owner in its June 15 reconciliation payment.
4 The obligation imposed by this subsection (a-15) is binding on
5 any person, firm, corporation, or other entity that acquires an
6 ownership interest in any such owners license. The obligation
7 imposed under this subsection (a-15) terminates on the earliest
8 of: (i) July 1, 2007, (ii) the first day after the effective
9 date of this amendatory Act of the 94th General Assembly that
10 riverboat gambling operations are conducted pursuant to a
11 dormant license, (iii) the first day that riverboat gambling
12 operations are conducted under the authority of an owners
13 license that is in addition to the 10 owners licenses initially
14 authorized under this Act, or (iv) the first day that a
15 licensee under the Illinois Horse Racing Act of 1975 conducts
16 gaming operations with slot machines or other electronic gaming
17 devices. The Board must reduce the obligation imposed under
18 this subsection (a-15) by an amount the Board deems reasonable
19 for any of the following reasons: (A) an act or acts of God,
20 (B) an act of bioterrorism or terrorism or a bioterrorism or
21 terrorism threat that was investigated by a law enforcement
22 agency, or (C) a condition beyond the control of the owners
23 licensee that does not result from any act or omission by the
24 owners licensee or any of its agents and that poses a hazardous
25 threat to the health and safety of patrons. If an owners
26 licensee pays an amount in excess of its liability under this

 

 

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1 Section, the Board shall apply the overpayment to future
2 payments required under this Section.
3     For purposes of this subsection (a-15):
4     "Act of God" means an incident caused by the operation of
5 an extraordinary force that cannot be foreseen, that cannot be
6 avoided by the exercise of due care, and for which no person
7 can be held liable.
8     "Base amount" means the following:
9         For a riverboat in Alton, $31,000,000.
10         For a riverboat in East Peoria, $43,000,000.
11         For the Empress riverboat in Joliet, $86,000,000.
12         For a riverboat in Metropolis, $45,000,000.
13         For the Harrah's riverboat in Joliet, $114,000,000.
14         For a riverboat in Aurora, $86,000,000.
15         For a riverboat in East St. Louis, $48,500,000.
16         For a riverboat in Elgin, $198,000,000.
17     "Dormant license" has the meaning ascribed to it in
18 subsection (a-3).
19     "Net privilege tax" means all privilege taxes paid by a
20 licensed owner to the Board under this Section, less all
21 payments made from the State Gaming Fund pursuant to subsection
22 (b) of this Section.
23     The changes made to this subsection (a-15) by Public Act
24 94-839 are intended to restate and clarify the intent of Public
25 Act 94-673 with respect to the amount of the payments required
26 to be made under this subsection by an owners licensee to the

 

 

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1 Board.
2     (b) Until January 1, 1998, 25% of the tax revenue deposited
3 in the State Gaming Fund under this Section shall be paid,
4 subject to appropriation by the General Assembly, to the unit
5 of local government which is designated as the home dock of the
6 riverboat. Beginning January 1, 1998, from the tax revenue
7 deposited in the State Gaming Fund under this Section, an
8 amount equal to 5% of adjusted gross receipts generated by a
9 riverboat shall be paid monthly, subject to appropriation by
10 the General Assembly, to the unit of local government that is
11 designated as the home dock of the riverboat. From the tax
12 revenue deposited in the State Gaming Fund pursuant to
13 riverboat gambling operations conducted by a licensed manager
14 on behalf of the State, an amount equal to 5% of adjusted gross
15 receipts generated pursuant to those riverboat gambling
16 operations shall be paid monthly, subject to appropriation by
17 the General Assembly, to the unit of local government that is
18 designated as the home dock of the riverboat upon which those
19 riverboat gambling operations are conducted.
20     (c) Appropriations, as approved by the General Assembly,
21 may be made from the State Gaming Fund to the Department of
22 Revenue and the Department of State Police for the
23 administration and enforcement of this Act, or to the
24 Department of Human Services for the administration of programs
25 to treat problem gambling.
26     (c-5) Before May 26, 2006 (the effective date of Public Act

 

 

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1 94-804) and beginning 2 years after May 26, 2006 (the effective
2 date of Public Act 94-804), after the payments required under
3 subsections (b) and (c) have been made, an amount equal to 15%
4 of the adjusted gross receipts of (1) an owners licensee that
5 relocates pursuant to Section 11.2, (2) an owners licensee
6 conducting riverboat gambling operations pursuant to an owners
7 license that is initially issued pursuant to subsection (e) of
8 Section 7 after the effective of this amendatory Act of the
9 95th General Assembly June 25, 1999, or (3) the first riverboat
10 gambling operations conducted by a licensed manager on behalf
11 of the State under Section 7.3, whichever comes first, shall be
12 paid from the State Gaming Fund into the Horse Racing Equity
13 Fund.
14     (c-10) Each year the General Assembly shall appropriate
15 from the General Revenue Fund to the Education Assistance Fund
16 an amount equal to the amount paid into the Horse Racing Equity
17 Fund pursuant to subsection (c-5) in the prior calendar year.
18     (c-15) (Blank). After the payments required under
19 subsections (b), (c), and (c-5) have been made, an amount equal
20 to 2% of the adjusted gross receipts of (1) an owners licensee
21 that relocates pursuant to Section 11.2, (2) an owners licensee
22 conducting riverboat gambling operations pursuant to an owners
23 license that is initially issued after June 25, 1999, or (3)
24 the first riverboat gambling operations conducted by a licensed
25 manager on behalf of the State under Section 7.3, whichever
26 comes first, shall be paid, subject to appropriation from the

 

 

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1 General Assembly, from the State Gaming Fund to each home rule
2 county with a population of over 3,000,000 inhabitants for the
3 purpose of enhancing the county's criminal justice system.
4     (c-20) (Blank). Each year the General Assembly shall
5 appropriate from the General Revenue Fund to the Education
6 Assistance Fund an amount equal to the amount paid to each home
7 rule county with a population of over 3,000,000 inhabitants
8 pursuant to subsection (c-15) in the prior calendar year.
9     (c-25) (Blank). After the payments required under
10 subsections (b), (c), (c-5) and (c-15) have been made, an
11 amount equal to 2% of the adjusted gross receipts of (1) an
12 owners licensee that relocates pursuant to Section 11.2, (2) an
13 owners licensee conducting riverboat gambling operations
14 pursuant to an owners license that is initially issued after
15 June 25, 1999, or (3) the first riverboat gambling operations
16 conducted by a licensed manager on behalf of the State under
17 Section 7.3, whichever comes first, shall be paid from the
18 State Gaming Fund to Chicago State University.
19     (c-30) All of the moneys deposited into the State Gaming
20 Fund from the issuance of an owners license authorized under
21 subsection (e) of Section 7 after the effective date of this
22 amendatory Act of the 95th General Assembly pursuant to
23 competitive bidding shall be transferred as soon as practical
24 into the School Construction Fund and used to make school
25 construction grants pursuant to the School Construction Law
26 within the group of grant entitlements for each year in order

 

 

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1 of application, beginning with fiscal year 2002 as the first
2 priority, then extending in chronological order to subsequent
3 years.
4     (c-35) After the payments required under subsections (b),
5 (c), (c-5), and (c-10), the remainder of the revenue generated
6 under this Act by an owners license authorized under subsection
7 (e) of Section 7 after the effective date of this amendatory
8 Act of the 95th General Assembly shall be transferred monthly
9 into the Transportation Capital Lockbox Fund.
10     (d) From time to time, the Board shall transfer the
11 remainder of the funds generated by this Act into the Education
12 Assistance Fund, created by Public Act 86-0018, of the State of
13 Illinois.
14     (e) Nothing in this Act shall prohibit the unit of local
15 government designated as the home dock of the riverboat from
16 entering into agreements with other units of local government
17 in this State or in other states to share its portion of the
18 tax revenue.
19     (f) To the extent practicable, the Board shall administer
20 and collect the wagering taxes imposed by this Section in a
21 manner consistent with the provisions of Sections 4, 5, 5a, 5b,
22 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9, and 10 of the
23 Retailers' Occupation Tax Act and Section 3-7 of the Uniform
24 Penalty and Interest Act.
25 (Source: P.A. 94-673, eff. 8-23-05; 94-804, eff. 5-26-06;
26 94-839, eff. 6-6-06; 95-331, eff. 8-21-07.)
 

 

 

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1     Section 99. Effective date. This Act takes effect upon
2 becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3     20 ILCS 3005/2 from Ch. 127, par. 412
4     20 ILCS 3005/2.8 new
5     30 ILCS 105/5.710 new
6     30 ILCS 105/5.711 new
7     30 ILCS 105/6z-76 new
8     30 ILCS 105/6z-77 new
9     30 ILCS 330/2 from Ch. 127, par. 652
10     30 ILCS 330/4 from Ch. 127, par. 654
11     30 ILCS 330/12 from Ch. 127, par. 662
12     230 ILCS 10/13 from Ch. 120, par. 2413