96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5313

 

Introduced 2/5/2010, by Rep. Angelo Saviano - Dan Reitz

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 115/2   from Ch. 85, par. 612
230 ILCS 40/72 new
30 ILCS 805/8.34 new

    Amends the Video Gaming Act. Provides that, if a municipality or county prohibits video gaming pursuant to the Act, then the Board, with the cooperation of the Department of Revenue, shall impose a monthly surcharge in an amount determined by the Board that the municipality or county would have been contributing under the Act had the municipality or county not prohibited video gaming, which shall be based on the maximum amount of machines that may be located within the municipality or county. Provides that, if a municipality or county fails to remit the surcharge, then the amount of the monthly surcharge shall be deducted from any amounts certified to be allocated to the municipality or county from the Local Government Distributive Fund in the next consecutive monthly allocation. Makes conforming changes in the State Revenue Sharing Act. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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1     AN ACT concerning gaming.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The State Revenue Sharing Act is amended by
5 changing Section 2 as follows:
 
6     (30 ILCS 115/2)  (from Ch. 85, par. 612)
7     Sec. 2. Allocation and Disbursement. As soon as may be
8 after the first day of each month, the Department of Revenue
9 shall allocate among the several municipalities and counties of
10 this State the amount available in the Local Government
11 Distributive Fund and in the Income Tax Surcharge Local
12 Government Distributive Fund, determined as provided in
13 Sections 1 and 1a above. Except as provided in Sections 13 and
14 13.1 of this Act, the Department shall then certify such
15 allocations to the State Comptroller, who shall pay over to the
16 several municipalities and counties the respective amounts
17 allocated to them; except that any amounts deducted from the
18 certified amounts as a result of a failure to pay the surcharge
19 imposed under Section 72 of the Video Gaming Act shall be
20 transferred to the Capital Projects Fund. The amount of such
21 Funds allocable to each such municipality and county shall be
22 in proportion to the number of individual residents of such
23 municipality or county to the total population of the State,

 

 

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1 determined in each case on the basis of the latest census of
2 the State, municipality or county conducted by the Federal
3 government and certified by the Secretary of State and for
4 annexations to municipalities, the latest Federal, State or
5 municipal census of the annexed area which has been certified
6 by the Department of Revenue. Allocations to the City of
7 Chicago under this Section are subject to Section 6 of the
8 Hotel Operators' Occupation Tax Act. For the purpose of this
9 Section, the number of individual residents of a county shall
10 be reduced by the number of individuals residing therein in
11 municipalities, but the number of individual residents of the
12 State, county and municipality shall reflect the latest census
13 of any of them. The amounts transferred into the Local
14 Government Distributive Fund pursuant to Section 9 of the Use
15 Tax Act, Section 9 of the Service Use Tax Act, Section 9 of the
16 Service Occupation Tax Act, and Section 3 of the Retailers'
17 Occupation Tax Act, each as now or hereafter amended, pursuant
18 to the amendments of such Sections by Public Act 85-1135, shall
19 be distributed as provided in said Sections.
20 (Source: P.A. 91-51, eff. 6-30-99; 91-935, eff. 6-1-01.)
 
21     Section 10. The Video Gaming Act is amended by adding
22 Section 72 as follows:
 
23     (230 ILCS 40/72 new)
24     Sec. 72. Opt out; surcharge. If a municipality or county

 

 

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1 prohibits video gaming pursuant to Section 27 or 70 of the
2 Video Gaming Act, then the Board, with the cooperation of the
3 Department of Revenue, shall impose a monthly surcharge in an
4 amount determined by the Board that the municipality or county
5 would have been contributing under Section 60 of this Act had
6 the municipality or county not prohibited video gaming, which
7 shall be based on the maximum amount of machines that may be
8 located within the municipality or county. If a municipality or
9 county fails to remit the surcharge under this Section, then
10 the amount of the monthly surcharge shall be deducted from any
11 amounts certified to be allocated to the municipality or county
12 from the Local Government Distributive Fund in the next
13 consecutive monthly allocation as provided in Section 2 of the
14 State Revenue Sharing Act.
15     Amounts collected under this Section shall be deposited
16 into the Capital Projects Fund.
 
17     Section 90. The State Mandates Act is amended by adding
18 Section 8.34 as follows:
 
19     (30 ILCS 805/8.34 new)
20     Sec. 8.34. Exempt mandate. Notwithstanding Sections 6 and 8
21 of this Act, no reimbursement by the State is required for the
22 implementation of any mandate created by this amendatory Act of
23 the 96th General Assembly.
 
24     Section 99. Effective date. This Act takes effect upon

 

 

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1 becoming law.