99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB3019

 

Introduced 2/18/2016, by Sen. Thomas Cullerton

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 105/6z-17  from Ch. 127, par. 142z-17
35 ILCS 505/8  from Ch. 120, par. 424
50 ILCS 750/30
230 ILCS 10/12  from Ch. 120, par. 2412
230 ILCS 10/13  from Ch. 120, par. 2413
230 ILCS 40/75

    Amends the State Finance Act, the Motor Fuel Tax Law, the Emergency Telephone System Act, the Riverboat Gambling Act, and the Video Gaming Act. Provides that, in the absence of an appropriation for any State fiscal year, moneys that are required to be distributed to units of local government and other entities from the State and Local Sales Tax Reform Fund, the Motor Fuel Tax Fund, the State Gaming Fund, the Local Government Video Gaming Distributive Fund, and the Statewide 9-1-1 Fund are subject to a continuing appropriation. Effective immediately.


LRB099 16300 HLH 42858 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3019LRB099 16300 HLH 42858 b

1    AN ACT concerning revenue.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Finance Act is amended by changing
5Section 6z-17 as follows:
 
6    (30 ILCS 105/6z-17)  (from Ch. 127, par. 142z-17)
7    Sec. 6z-17. State and Local Sales Tax Reform Fund.
8    (a) After deducting the amount transferred to the Tax
9Compliance and Administration Fund under subsection (b), of the
10money paid into the State and Local Sales Tax Reform Fund: (i)
11subject to appropriation to the Department of Revenue,
12Municipalities having 1,000,000 or more inhabitants shall
13receive 20% and may expend such amount to fund and establish a
14program for developing and coordinating public and private
15resources targeted to meet the affordable housing needs of
16low-income and very low-income households within such
17municipality, (ii) 10% shall be transferred into the Regional
18Transportation Authority Occupation and Use Tax Replacement
19Fund, a special fund in the State treasury which is hereby
20created, (iii) until July 1, 2013, subject to appropriation to
21the Department of Transportation, the Madison County Mass
22Transit District shall receive .6%, and beginning on July 1,
232013, subject to appropriation to the Department of Revenue,

 

 

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10.6% shall be distributed each month out of the Fund to the
2Madison County Mass Transit District, (iv) the following
3amounts, plus any cumulative deficiency in such transfers for
4prior months, shall be transferred monthly into the Build
5Illinois Fund and credited to the Build Illinois Bond Account
6therein:
7Fiscal YearAmount
81990$2,700,000
919911,850,000
1019922,750,000
1119932,950,000
12    From Fiscal Year 1994 through Fiscal Year 2025 the transfer
13shall total $3,150,000 monthly, plus any cumulative deficiency
14in such transfers for prior months, and (v) the remainder of
15the money paid into the State and Local Sales Tax Reform Fund
16shall be transferred into the Local Government Distributive
17Fund and, except for municipalities with 1,000,000 or more
18inhabitants which shall receive no portion of such remainder,
19shall be distributed, subject to appropriation, in the manner
20provided by Section 2 of "An Act in relation to State revenue
21sharing with local government entities", approved July 31,
221969, as now or hereafter amended. Municipalities with more
23than 50,000 inhabitants according to the 1980 U.S. Census and
24located within the Metro East Mass Transit District receiving
25funds pursuant to provision (v) of this paragraph may expend
26such amounts to fund and establish a program for developing and

 

 

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1coordinating public and private resources targeted to meet the
2affordable housing needs of low-income and very low-income
3households within such municipality.
4    Absent an enacted appropriation in any State fiscal year,
5this subsection shall constitute a continuing appropriation to
6the Department of Revenue of all amounts necessary for the
7purposes of making the transfers and distributions under this
8subsection (a). If an appropriation to the Department of
9Revenue of the amounts directed under this subsection is
10enacted on or after July 1 of any calendar year, the continuing
11appropriation shall discontinue for that State fiscal year, and
12the enacted appropriation shall supersede. The appropriation
13authority granted in this amendatory Act of the 99th General
14Assembly shall be valid for State fiscal years beginning on or
15after July 1, 2015.
16    (b) Beginning on the first day of the first calendar month
17to occur on or after the effective date of this amendatory Act
18of the 98th General Assembly, each month the Department of
19Revenue shall certify to the State Comptroller and the State
20Treasurer, and the State Comptroller shall order transferred
21and the State Treasurer shall transfer from the State and Local
22Sales Tax Reform Fund to the Tax Compliance and Administration
23Fund, an amount equal to 1/12 of 5% of 20% of the cash receipts
24collected during the preceding fiscal year by the Audit Bureau
25of the Department of Revenue under the Use Tax Act, the Service
26Use Tax Act, the Service Occupation Tax Act, the Retailers'

 

 

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1Occupation Tax Act, and associated local occupation and use
2taxes administered by the Department. The amount distributed
3under subsection (a) each month shall first be reduced by the
4amount transferred to the Tax Compliance and Administration
5Fund under this subsection (b). Moneys transferred to the Tax
6Compliance and Administration Fund under this subsection (b)
7shall be used, subject to appropriation, to fund additional
8auditors and compliance personnel at the Department of Revenue.
9(Source: P.A. 98-44, eff. 6-28-13; 98-1098, eff. 8-26-14.)
 
10    Section 10. The Motor Fuel Tax Law is amended by changing
11Section 8 as follows:
 
12    (35 ILCS 505/8)  (from Ch. 120, par. 424)
13    Sec. 8. Except as provided in Section 8a, subdivision
14(h)(1) of Section 12a, Section 13a.6, and items 13, 14, 15, and
1516 of Section 15, all money received by the Department under
16this Act, including payments made to the Department by member
17jurisdictions participating in the International Fuel Tax
18Agreement, shall be deposited in a special fund in the State
19treasury, to be known as the "Motor Fuel Tax Fund", and shall
20be used as follows:
21    (a) 2 1/2 cents per gallon of the tax collected on special
22fuel under paragraph (b) of Section 2 and Section 13a of this
23Act shall be transferred to the State Construction Account Fund
24in the State Treasury;

 

 

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1    (b) $420,000 shall be transferred each month to the State
2Boating Act Fund to be used by the Department of Natural
3Resources for the purposes specified in Article X of the Boat
4Registration and Safety Act;
5    (c) $3,500,000 shall be transferred each month to the Grade
6Crossing Protection Fund to be used as follows: not less than
7$12,000,000 each fiscal year shall be used for the construction
8or reconstruction of rail highway grade separation structures;
9$2,250,000 in fiscal years 2004 through 2009 and $3,000,000 in
10fiscal year 2010 and each fiscal year thereafter shall be
11transferred to the Transportation Regulatory Fund and shall be
12accounted for as part of the rail carrier portion of such funds
13and shall be used to pay the cost of administration of the
14Illinois Commerce Commission's railroad safety program in
15connection with its duties under subsection (3) of Section
1618c-7401 of the Illinois Vehicle Code, with the remainder to be
17used by the Department of Transportation upon order of the
18Illinois Commerce Commission, to pay that part of the cost
19apportioned by such Commission to the State to cover the
20interest of the public in the use of highways, roads, streets,
21or pedestrian walkways in the county highway system, township
22and district road system, or municipal street system as defined
23in the Illinois Highway Code, as the same may from time to time
24be amended, for separation of grades, for installation,
25construction or reconstruction of crossing protection or
26reconstruction, alteration, relocation including construction

 

 

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1or improvement of any existing highway necessary for access to
2property or improvement of any grade crossing and grade
3crossing surface including the necessary highway approaches
4thereto of any railroad across the highway or public road, or
5for the installation, construction, reconstruction, or
6maintenance of a pedestrian walkway over or under a railroad
7right-of-way, as provided for in and in accordance with Section
818c-7401 of the Illinois Vehicle Code. The Commission may order
9up to $2,000,000 per year in Grade Crossing Protection Fund
10moneys for the improvement of grade crossing surfaces and up to
11$300,000 per year for the maintenance and renewal of 4-quadrant
12gate vehicle detection systems located at non-high speed rail
13grade crossings. The Commission shall not order more than
14$2,000,000 per year in Grade Crossing Protection Fund moneys
15for pedestrian walkways. In entering orders for projects for
16which payments from the Grade Crossing Protection Fund will be
17made, the Commission shall account for expenditures authorized
18by the orders on a cash rather than an accrual basis. For
19purposes of this requirement an "accrual basis" assumes that
20the total cost of the project is expended in the fiscal year in
21which the order is entered, while a "cash basis" allocates the
22cost of the project among fiscal years as expenditures are
23actually made. To meet the requirements of this subsection, the
24Illinois Commerce Commission shall develop annual and 5-year
25project plans of rail crossing capital improvements that will
26be paid for with moneys from the Grade Crossing Protection

 

 

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1Fund. The annual project plan shall identify projects for the
2succeeding fiscal year and the 5-year project plan shall
3identify projects for the 5 directly succeeding fiscal years.
4The Commission shall submit the annual and 5-year project plans
5for this Fund to the Governor, the President of the Senate, the
6Senate Minority Leader, the Speaker of the House of
7Representatives, and the Minority Leader of the House of
8Representatives on the first Wednesday in April of each year;
9    (d) of the amount remaining after allocations provided for
10in subsections (a), (b) and (c), a sufficient amount shall be
11reserved to pay all of the following:
12        (1) the costs of the Department of Revenue in
13    administering this Act;
14        (2) the costs of the Department of Transportation in
15    performing its duties imposed by the Illinois Highway Code
16    for supervising the use of motor fuel tax funds apportioned
17    to municipalities, counties and road districts;
18        (3) refunds provided for in Section 13, refunds for
19    overpayment of decal fees paid under Section 13a.4 of this
20    Act, and refunds provided for under the terms of the
21    International Fuel Tax Agreement referenced in Section
22    14a;
23        (4) from October 1, 1985 until June 30, 1994, the
24    administration of the Vehicle Emissions Inspection Law,
25    which amount shall be certified monthly by the
26    Environmental Protection Agency to the State Comptroller

 

 

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1    and shall promptly be transferred by the State Comptroller
2    and Treasurer from the Motor Fuel Tax Fund to the Vehicle
3    Inspection Fund, and for the period July 1, 1994 through
4    June 30, 2000, one-twelfth of $25,000,000 each month, for
5    the period July 1, 2000 through June 30, 2003, one-twelfth
6    of $30,000,000 each month, and $15,000,000 on July 1, 2003,
7    and $15,000,000 on January 1, 2004, and $15,000,000 on each
8    July 1 and October 1, or as soon thereafter as may be
9    practical, during the period July 1, 2004 through June 30,
10    2012, and $30,000,000 on June 1, 2013, or as soon
11    thereafter as may be practical, and $15,000,000 on July 1
12    and October 1, or as soon thereafter as may be practical,
13    during the period of July 1, 2013 through June 30, 2015,
14    for the administration of the Vehicle Emissions Inspection
15    Law of 2005, to be transferred by the State Comptroller and
16    Treasurer from the Motor Fuel Tax Fund into the Vehicle
17    Inspection Fund;
18        (5) amounts ordered paid by the Court of Claims; and
19        (6) payment of motor fuel use taxes due to member
20    jurisdictions under the terms of the International Fuel Tax
21    Agreement. The Department shall certify these amounts to
22    the Comptroller by the 15th day of each month; the
23    Comptroller shall cause orders to be drawn for such
24    amounts, and the Treasurer shall administer those amounts
25    on or before the last day of each month;
26    (e) after allocations for the purposes set forth in

 

 

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1subsections (a), (b), (c) and (d), the remaining amount shall
2be apportioned as follows:
3        (1) Until January 1, 2000, 58.4%, and beginning January
4    1, 2000, 45.6% shall be deposited as follows:
5            (A) 37% into the State Construction Account Fund,
6        and
7            (B) 63% into the Road Fund, $1,250,000 of which
8        shall be reserved each month for the Department of
9        Transportation to be used in accordance with the
10        provisions of Sections 6-901 through 6-906 of the
11        Illinois Highway Code;
12        (2) Until January 1, 2000, 41.6%, and beginning January
13    1, 2000, 54.4% shall be transferred to the Department of
14    Transportation to be distributed as follows:
15            (A) 49.10% to the municipalities of the State,
16            (B) 16.74% to the counties of the State having
17        1,000,000 or more inhabitants,
18            (C) 18.27% to the counties of the State having less
19        than 1,000,000 inhabitants,
20            (D) 15.89% to the road districts of the State.
21    Absent an enacted appropriation in any State fiscal year,
22this subsection shall constitute a continuing appropriation to
23the Department of Transportation of all amounts necessary for
24the purpose of making distributions to municipalities,
25counties, and road districts, as provided in paragraph (2) of
26this subsection (e). If an appropriation to the Department of

 

 

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1Transportation of the amounts directed under this subsection
2(e) is enacted on or after July 1 of any calendar year, then
3the continuing appropriation shall discontinue for that State
4fiscal year, and the enacted appropriation shall supersede. The
5appropriation authority granted in this amendatory Act of the
699th General Assembly shall be valid for State fiscal years
7beginning on or after July 1, 2015.
8    As soon as may be after the first day of each month the
9Department of Transportation shall allot to each municipality
10its share of the amount apportioned to the several
11municipalities which shall be in proportion to the population
12of such municipalities as determined by the last preceding
13municipal census if conducted by the Federal Government or
14Federal census. If territory is annexed to any municipality
15subsequent to the time of the last preceding census the
16corporate authorities of such municipality may cause a census
17to be taken of such annexed territory and the population so
18ascertained for such territory shall be added to the population
19of the municipality as determined by the last preceding census
20for the purpose of determining the allotment for that
21municipality. If the population of any municipality was not
22determined by the last Federal census preceding any
23apportionment, the apportionment to such municipality shall be
24in accordance with any census taken by such municipality. Any
25municipal census used in accordance with this Section shall be
26certified to the Department of Transportation by the clerk of

 

 

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1such municipality, and the accuracy thereof shall be subject to
2approval of the Department which may make such corrections as
3it ascertains to be necessary.
4    As soon as may be after the first day of each month the
5Department of Transportation shall allot to each county its
6share of the amount apportioned to the several counties of the
7State as herein provided. Each allotment to the several
8counties having less than 1,000,000 inhabitants shall be in
9proportion to the amount of motor vehicle license fees received
10from the residents of such counties, respectively, during the
11preceding calendar year. The Secretary of State shall, on or
12before April 15 of each year, transmit to the Department of
13Transportation a full and complete report showing the amount of
14motor vehicle license fees received from the residents of each
15county, respectively, during the preceding calendar year. The
16Department of Transportation shall, each month, use for
17allotment purposes the last such report received from the
18Secretary of State.
19    As soon as may be after the first day of each month, the
20Department of Transportation shall allot to the several
21counties their share of the amount apportioned for the use of
22road districts. The allotment shall be apportioned among the
23several counties in the State in the proportion which the total
24mileage of township or district roads in the respective
25counties bears to the total mileage of all township and
26district roads in the State. Funds allotted to the respective

 

 

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1counties for the use of road districts therein shall be
2allocated to the several road districts in the county in the
3proportion which the total mileage of such township or district
4roads in the respective road districts bears to the total
5mileage of all such township or district roads in the county.
6After July 1 of any year prior to 2011, no allocation shall be
7made for any road district unless it levied a tax for road and
8bridge purposes in an amount which will require the extension
9of such tax against the taxable property in any such road
10district at a rate of not less than either .08% of the value
11thereof, based upon the assessment for the year immediately
12prior to the year in which such tax was levied and as equalized
13by the Department of Revenue or, in DuPage County, an amount
14equal to or greater than $12,000 per mile of road under the
15jurisdiction of the road district, whichever is less. Beginning
16July 1, 2011 and each July 1 thereafter, an allocation shall be
17made for any road district if it levied a tax for road and
18bridge purposes. In counties other than DuPage County, if the
19amount of the tax levy requires the extension of the tax
20against the taxable property in the road district at a rate
21that is less than 0.08% of the value thereof, based upon the
22assessment for the year immediately prior to the year in which
23the tax was levied and as equalized by the Department of
24Revenue, then the amount of the allocation for that road
25district shall be a percentage of the maximum allocation equal
26to the percentage obtained by dividing the rate extended by the

 

 

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1district by 0.08%. In DuPage County, if the amount of the tax
2levy requires the extension of the tax against the taxable
3property in the road district at a rate that is less than the
4lesser of (i) 0.08% of the value of the taxable property in the
5road district, based upon the assessment for the year
6immediately prior to the year in which such tax was levied and
7as equalized by the Department of Revenue, or (ii) a rate that
8will yield an amount equal to $12,000 per mile of road under
9the jurisdiction of the road district, then the amount of the
10allocation for the road district shall be a percentage of the
11maximum allocation equal to the percentage obtained by dividing
12the rate extended by the district by the lesser of (i) 0.08% or
13(ii) the rate that will yield an amount equal to $12,000 per
14mile of road under the jurisdiction of the road district.
15    Prior to 2011, if any road district has levied a special
16tax for road purposes pursuant to Sections 6-601, 6-602 and
176-603 of the Illinois Highway Code, and such tax was levied in
18an amount which would require extension at a rate of not less
19than .08% of the value of the taxable property thereof, as
20equalized or assessed by the Department of Revenue, or, in
21DuPage County, an amount equal to or greater than $12,000 per
22mile of road under the jurisdiction of the road district,
23whichever is less, such levy shall, however, be deemed a proper
24compliance with this Section and shall qualify such road
25district for an allotment under this Section. Beginning in 2011
26and thereafter, if any road district has levied a special tax

 

 

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1for road purposes under Sections 6-601, 6-602, and 6-603 of the
2Illinois Highway Code, and the tax was levied in an amount that
3would require extension at a rate of not less than 0.08% of the
4value of the taxable property of that road district, as
5equalized or assessed by the Department of Revenue or, in
6DuPage County, an amount equal to or greater than $12,000 per
7mile of road under the jurisdiction of the road district,
8whichever is less, that levy shall be deemed a proper
9compliance with this Section and shall qualify such road
10district for a full, rather than proportionate, allotment under
11this Section. If the levy for the special tax is less than
120.08% of the value of the taxable property, or, in DuPage
13County if the levy for the special tax is less than the lesser
14of (i) 0.08% or (ii) $12,000 per mile of road under the
15jurisdiction of the road district, and if the levy for the
16special tax is more than any other levy for road and bridge
17purposes, then the levy for the special tax qualifies the road
18district for a proportionate, rather than full, allotment under
19this Section. If the levy for the special tax is equal to or
20less than any other levy for road and bridge purposes, then any
21allotment under this Section shall be determined by the other
22levy for road and bridge purposes.
23    Prior to 2011, if a township has transferred to the road
24and bridge fund money which, when added to the amount of any
25tax levy of the road district would be the equivalent of a tax
26levy requiring extension at a rate of at least .08%, or, in

 

 

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1DuPage County, an amount equal to or greater than $12,000 per
2mile of road under the jurisdiction of the road district,
3whichever is less, such transfer, together with any such tax
4levy, shall be deemed a proper compliance with this Section and
5shall qualify the road district for an allotment under this
6Section.
7    In counties in which a property tax extension limitation is
8imposed under the Property Tax Extension Limitation Law, road
9districts may retain their entitlement to a motor fuel tax
10allotment or, beginning in 2011, their entitlement to a full
11allotment if, at the time the property tax extension limitation
12was imposed, the road district was levying a road and bridge
13tax at a rate sufficient to entitle it to a motor fuel tax
14allotment and continues to levy the maximum allowable amount
15after the imposition of the property tax extension limitation.
16Any road district may in all circumstances retain its
17entitlement to a motor fuel tax allotment or, beginning in
182011, its entitlement to a full allotment if it levied a road
19and bridge tax in an amount that will require the extension of
20the tax against the taxable property in the road district at a
21rate of not less than 0.08% of the assessed value of the
22property, based upon the assessment for the year immediately
23preceding the year in which the tax was levied and as equalized
24by the Department of Revenue or, in DuPage County, an amount
25equal to or greater than $12,000 per mile of road under the
26jurisdiction of the road district, whichever is less.

 

 

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1    As used in this Section the term "road district" means any
2road district, including a county unit road district, provided
3for by the Illinois Highway Code; and the term "township or
4district road" means any road in the township and district road
5system as defined in the Illinois Highway Code. For the
6purposes of this Section, "township or district road" also
7includes such roads as are maintained by park districts, forest
8preserve districts and conservation districts. The Department
9of Transportation shall determine the mileage of all township
10and district roads for the purposes of making allotments and
11allocations of motor fuel tax funds for use in road districts.
12    Payment of motor fuel tax moneys to municipalities and
13counties shall be made as soon as possible after the allotment
14is made. The treasurer of the municipality or county may invest
15these funds until their use is required and the interest earned
16by these investments shall be limited to the same uses as the
17principal funds.
18(Source: P.A. 97-72, eff. 7-1-11; 97-333, eff. 8-12-11; 98-24,
19eff. 6-19-13; 98-674, eff. 6-30-14.)
 
20    Section 15. The Emergency Telephone System Act is amended
21by changing Section 30 as follows:
 
22    (50 ILCS 750/30)
23    (Section scheduled to be repealed on July 1, 2017)
24    Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement.

 

 

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1    (a) A special fund in the State treasury known as the
2Wireless Service Emergency Fund shall be renamed the Statewide
39-1-1 Fund. Any appropriations made from the Wireless Service
4Emergency Fund shall be payable from the Statewide 9-1-1 Fund.
5The Fund shall consist of the following:
6        (1) 9-1-1 wireless surcharges assessed under the
7    Wireless Emergency Telephone Safety Act.
8        (2) 9-1-1 surcharges assessed under Section 20 of this
9    Act.
10        (3) Prepaid wireless 9-1-1 surcharges assessed under
11    Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act.
12        (4) Any appropriations, grants, or gifts made to the
13    Fund.
14        (5) Any income from interest, premiums, gains, or other
15    earnings on moneys in the Fund.
16        (6) Money from any other source that is deposited in or
17    transferred to the Fund.
18    (b) The Subject to appropriation, the Department shall
19distribute the 9-1-1 surcharges monthly as follows:
20        (1) From each surcharge collected and remitted under
21    Section 20 of this Act:
22            (A) $0.013 shall be distributed monthly in equal
23        amounts to each County Emergency Telephone System
24        Board or qualified governmental entity in counties
25        with a population under 100,000 according to the most
26        recent census data which is authorized to serve as a

 

 

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1        primary wireless 9-1-1 public safety answering point
2        for the county and to provide wireless 9-1-1 service as
3        prescribed by subsection (b) of Section 15.6a of this
4        Act, and which does provide such service.
5            (B) $0.033 shall be transferred by the Comptroller
6        at the direction of the Department to the Wireless
7        Carrier Reimbursement Fund until June 30, 2017; from
8        July 1, 2017 through June 30, 2018, $0.026 shall be
9        transferred; from July 1, 2018 through June 30, 2019,
10        $0.020 shall be transferred; from July 1, 2019, through
11        June 30, 2020, $0.013 shall be transferred; from July
12        1, 2020 through June 30, 2021, $0.007 will be
13        transferred; and after June 30, 2021, no transfer shall
14        be made to the Wireless Carrier Reimbursement Fund.
15            (C) $0.007 shall be used to cover the Department's
16        administrative costs.
17        (2) After disbursements under paragraph (1) of this
18    subsection (b), all remaining funds in the Statewide 9-1-1
19    Fund shall be disbursed in the following priority order:
20            (A) The Fund will pay monthly to:
21                (i) the 9-1-1 Authorities that imposed
22            surcharges under Section 15.3 of this Act and were
23            required to report to the Illinois Commerce
24            Commission under Section 27 of the Wireless
25            Emergency Telephone Safety Act on October 1, 2014,
26            except a 9-1-1 Authority in a municipality with a

 

 

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1            population in excess of 500,000, an amount equal to
2            the average monthly wireline and VoIP surcharge
3            revenue attributable to the most recent 12-month
4            period reported to the Department under that
5            Section for the October 1, 2014 filing, subject to
6            the power of the Department to investigate the
7            amount reported and adjust the number by order
8            under Article X of the Public Utilities Act, so
9            that the monthly amount paid under this item
10            accurately reflects one-twelfth of the aggregate
11            wireline and VoIP surcharge revenue properly
12            attributable to the most recent 12-month period
13            reported to the Commission; or
14                (ii) county qualified governmental entities
15            that did not impose a surcharge under Section 15.3
16            as of December 31, 2015, and counties that did not
17            impose a surcharge as of June 30, 2015, an amount
18            equivalent to their population multiplied by .37
19            multiplied by the rate of $0.69; counties that are
20            not county qualified governmental entities and
21            that did not impose a surcharge as of December 31,
22            2015, shall not begin to receive the payment
23            provided for in this subsection until E9-1-1 and
24            wireless E9-1-1 services are provided within their
25            counties; or
26                (iii) counties without 9-1-1 service that had

 

 

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1            a surcharge in place by December 31, 2015, an
2            amount equivalent to their population multiplied
3            by .37 multiplied by their surcharge rate as
4            established by the referendum.
5            (B) All 9-1-1 network costs for systems outside of
6        municipalities with a population of at least 500,000
7        shall be paid by the Department directly to the
8        vendors.
9            (C) All expenses incurred by the Administrator and
10        the Statewide 9-1-1 Advisory Board and costs
11        associated with procurement under Section 15.6b
12        including requests for information and requests for
13        proposals.
14            (D) Funds may be held in reserve by the Statewide
15        9-1-1 Advisory Board and disbursed by the Department
16        for grants under Sections 15.4a, 15.4b, and for NG9-1-1
17        expenses up to $12.5 million per year in State fiscal
18        years 2016 and 2017; up to $13.5 million in State
19        fiscal year 2018; up to $14.4 million in State fiscal
20        year 2019; up to $15.3 million in State fiscal year
21        2020; up to $16.2 million in State fiscal year 2021; up
22        to $23.1 million in State fiscal year 2022; and up to
23        $17.0 million per year for State fiscal year 2023 and
24        each year thereafter.
25            (E) All remaining funds per remit month shall be
26        used to make monthly proportional grants to the

 

 

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1        appropriate 9-1-1 Authority currently taking wireless
2        9-1-1 based upon the United States Postal Zip Code of
3        the billing addresses of subscribers of wireless
4        carriers.
5    (c) The moneys deposited into the Statewide 9-1-1 Fund
6under this Section shall not be subject to administrative
7charges or chargebacks unless otherwise authorized by this Act.
8    (d) Whenever two or more 9-1-1 Authorities consolidate, the
9resulting Joint Emergency Telephone System Board shall be
10entitled to the monthly payments that had theretofore been made
11to each consolidating 9-1-1 Authority. Any reserves held by any
12consolidating 9-1-1 Authority shall be transferred to the
13resulting Joint Emergency Telephone System Board. Whenever a
14county that has no 9-1-1 service as of January 1, 2016 enters
15into an agreement to consolidate to create or join a Joint
16Emergency Telephone System Board, the Joint Emergency
17Telephone System Board shall be entitled to the monthly
18payments that would have otherwise been paid to the county if
19it had provided 9-1-1 service.
20    (e) Absent an enacted appropriation in any State fiscal
21year, this subsection shall constitute a continuing
22appropriation to the Department of all amounts necessary for
23the purpose of making distributions as provided in subsection
24(b). If an appropriation to the Department of the amounts set
25forth in subsection (b) is enacted on or after July 1 of any
26calendar year, then the continuing appropriation shall

 

 

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1discontinue for that State fiscal year, and the enacted
2appropriation shall supersede. The appropriation authority
3granted in this amendatory Act of the 99th General Assembly
4shall be valid for State fiscal years beginning on or after
5July 1, 2015.
6(Source: P.A. 99-6, eff. 1-1-16.)
 
7    Section 20. The Riverboat Gambling Act is amended by
8changing Sections 12 and 13 as follows:
 
9    (230 ILCS 10/12)  (from Ch. 120, par. 2412)
10    Sec. 12. Admission tax; fees.
11    (a) A tax is hereby imposed upon admissions to riverboats
12operated by licensed owners authorized pursuant to this Act.
13Until July 1, 2002, the rate is $2 per person admitted. From
14July 1, 2002 until July 1, 2003, the rate is $3 per person
15admitted. From July 1, 2003 until August 23, 2005 (the
16effective date of Public Act 94-673), for a licensee that
17admitted 1,000,000 persons or fewer in the previous calendar
18year, the rate is $3 per person admitted; for a licensee that
19admitted more than 1,000,000 but no more than 2,300,000 persons
20in the previous calendar year, the rate is $4 per person
21admitted; and for a licensee that admitted more than 2,300,000
22persons in the previous calendar year, the rate is $5 per
23person admitted. Beginning on August 23, 2005 (the effective
24date of Public Act 94-673), for a licensee that admitted

 

 

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11,000,000 persons or fewer in calendar year 2004, the rate is
2$2 per person admitted, and for all other licensees, including
3licensees that were not conducting gambling operations in 2004,
4the rate is $3 per person admitted. This admission tax is
5imposed upon the licensed owner conducting gambling.
6        (1) The admission tax shall be paid for each admission,
7    except that a person who exits a riverboat gambling
8    facility and reenters that riverboat gambling facility
9    within the same gaming day shall be subject only to the
10    initial admission tax.
11        (2) (Blank).
12        (3) The riverboat licensee may issue tax-free passes to
13    actual and necessary officials and employees of the
14    licensee or other persons actually working on the
15    riverboat.
16        (4) The number and issuance of tax-free passes is
17    subject to the rules of the Board, and a list of all
18    persons to whom the tax-free passes are issued shall be
19    filed with the Board.
20    (a-5) A fee is hereby imposed upon admissions operated by
21licensed managers on behalf of the State pursuant to Section
227.3 at the rates provided in this subsection (a-5). For a
23licensee that admitted 1,000,000 persons or fewer in the
24previous calendar year, the rate is $3 per person admitted; for
25a licensee that admitted more than 1,000,000 but no more than
262,300,000 persons in the previous calendar year, the rate is $4

 

 

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1per person admitted; and for a licensee that admitted more than
22,300,000 persons in the previous calendar year, the rate is $5
3per person admitted.
4        (1) The admission fee shall be paid for each admission.
5        (2) (Blank).
6        (3) The licensed manager may issue fee-free passes to
7    actual and necessary officials and employees of the manager
8    or other persons actually working on the riverboat.
9        (4) The number and issuance of fee-free passes is
10    subject to the rules of the Board, and a list of all
11    persons to whom the fee-free passes are issued shall be
12    filed with the Board.
13    (b) From the tax imposed under subsection (a) and the fee
14imposed under subsection (a-5), a municipality shall receive
15from the State $1 for each person embarking on a riverboat
16docked within the municipality, and a county shall receive $1
17for each person embarking on a riverboat docked within the
18county but outside the boundaries of any municipality. The
19municipality's or county's share shall be collected by the
20Board on behalf of the State and remitted quarterly by the
21State, subject to appropriation, to the treasurer of the unit
22of local government for deposit in the general fund. Absent an
23enacted appropriation in any State fiscal year, this subsection
24(b) shall constitute a continuing appropriation of all amounts
25necessary for the purpose of making distributions to
26municipalities and counties as provided in this subsection (b).

 

 

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1If an appropriation of the amounts set forth in this subsection
2(b) is enacted on or after July 1 of any calendar year, then
3the continuing appropriation shall discontinue for that State
4fiscal year, and the enacted appropriation shall supersede. The
5appropriation authority granted in this amendatory Act of the
699th General Assembly shall be valid for State fiscal years
7beginning on or after July 1, 2015.
8    (c) The licensed owner shall pay the entire admission tax
9to the Board and the licensed manager shall pay the entire
10admission fee to the Board. Such payments shall be made daily.
11Accompanying each payment shall be a return on forms provided
12by the Board which shall include other information regarding
13admissions as the Board may require. Failure to submit either
14the payment or the return within the specified time may result
15in suspension or revocation of the owners or managers license.
16    (d) The Board shall administer and collect the admission
17tax imposed by this Section, to the extent practicable, in a
18manner consistent with the provisions of Sections 4, 5, 5a, 5b,
195c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9 and 10 of the
20Retailers' Occupation Tax Act and Section 3-7 of the Uniform
21Penalty and Interest Act.
22(Source: P.A. 95-663, eff. 10-11-07; 96-1392, eff. 1-1-11.)
 
23    (230 ILCS 10/13)  (from Ch. 120, par. 2413)
24    Sec. 13. Wagering tax; rate; distribution.
25    (a) Until January 1, 1998, a tax is imposed on the adjusted

 

 

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1gross receipts received from gambling games authorized under
2this Act at the rate of 20%.
3    (a-1) From January 1, 1998 until July 1, 2002, a privilege
4tax is imposed on persons engaged in the business of conducting
5riverboat gambling operations, based on the adjusted gross
6receipts received by a licensed owner from gambling games
7authorized under this Act at the following rates:
8        15% of annual adjusted gross receipts up to and
9    including $25,000,000;
10        20% of annual adjusted gross receipts in excess of
11    $25,000,000 but not exceeding $50,000,000;
12        25% of annual adjusted gross receipts in excess of
13    $50,000,000 but not exceeding $75,000,000;
14        30% of annual adjusted gross receipts in excess of
15    $75,000,000 but not exceeding $100,000,000;
16        35% of annual adjusted gross receipts in excess of
17    $100,000,000.
18    (a-2) From July 1, 2002 until July 1, 2003, a privilege tax
19is imposed on persons engaged in the business of conducting
20riverboat gambling operations, other than licensed managers
21conducting riverboat gambling operations on behalf of the
22State, based on the adjusted gross receipts received by a
23licensed owner from gambling games authorized under this Act at
24the following rates:
25        15% of annual adjusted gross receipts up to and
26    including $25,000,000;

 

 

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1        22.5% of annual adjusted gross receipts in excess of
2    $25,000,000 but not exceeding $50,000,000;
3        27.5% of annual adjusted gross receipts in excess of
4    $50,000,000 but not exceeding $75,000,000;
5        32.5% of annual adjusted gross receipts in excess of
6    $75,000,000 but not exceeding $100,000,000;
7        37.5% of annual adjusted gross receipts in excess of
8    $100,000,000 but not exceeding $150,000,000;
9        45% of annual adjusted gross receipts in excess of
10    $150,000,000 but not exceeding $200,000,000;
11        50% of annual adjusted gross receipts in excess of
12    $200,000,000.
13    (a-3) Beginning July 1, 2003, a privilege tax is imposed on
14persons engaged in the business of conducting riverboat
15gambling operations, other than licensed managers conducting
16riverboat gambling operations on behalf of the State, based on
17the adjusted gross receipts received by a licensed owner from
18gambling games authorized under this Act at the following
19rates:
20        15% of annual adjusted gross receipts up to and
21    including $25,000,000;
22        27.5% of annual adjusted gross receipts in excess of
23    $25,000,000 but not exceeding $37,500,000;
24        32.5% of annual adjusted gross receipts in excess of
25    $37,500,000 but not exceeding $50,000,000;
26        37.5% of annual adjusted gross receipts in excess of

 

 

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1    $50,000,000 but not exceeding $75,000,000;
2        45% of annual adjusted gross receipts in excess of
3    $75,000,000 but not exceeding $100,000,000;
4        50% of annual adjusted gross receipts in excess of
5    $100,000,000 but not exceeding $250,000,000;
6        70% of annual adjusted gross receipts in excess of
7    $250,000,000.
8    An amount equal to the amount of wagering taxes collected
9under this subsection (a-3) that are in addition to the amount
10of wagering taxes that would have been collected if the
11wagering tax rates under subsection (a-2) were in effect shall
12be paid into the Common School Fund.
13    The privilege tax imposed under this subsection (a-3) shall
14no longer be imposed beginning on the earlier of (i) July 1,
152005; (ii) the first date after June 20, 2003 that riverboat
16gambling operations are conducted pursuant to a dormant
17license; or (iii) the first day that riverboat gambling
18operations are conducted under the authority of an owners
19license that is in addition to the 10 owners licenses initially
20authorized under this Act. For the purposes of this subsection
21(a-3), the term "dormant license" means an owners license that
22is authorized by this Act under which no riverboat gambling
23operations are being conducted on June 20, 2003.
24    (a-4) Beginning on the first day on which the tax imposed
25under subsection (a-3) is no longer imposed, a privilege tax is
26imposed on persons engaged in the business of conducting

 

 

SB3019- 29 -LRB099 16300 HLH 42858 b

1riverboat gambling operations, other than licensed managers
2conducting riverboat gambling operations on behalf of the
3State, based on the adjusted gross receipts received by a
4licensed owner from gambling games authorized under this Act at
5the following rates:
6        15% of annual adjusted gross receipts up to and
7    including $25,000,000;
8        22.5% of annual adjusted gross receipts in excess of
9    $25,000,000 but not exceeding $50,000,000;
10        27.5% of annual adjusted gross receipts in excess of
11    $50,000,000 but not exceeding $75,000,000;
12        32.5% of annual adjusted gross receipts in excess of
13    $75,000,000 but not exceeding $100,000,000;
14        37.5% of annual adjusted gross receipts in excess of
15    $100,000,000 but not exceeding $150,000,000;
16        45% of annual adjusted gross receipts in excess of
17    $150,000,000 but not exceeding $200,000,000;
18        50% of annual adjusted gross receipts in excess of
19    $200,000,000.
20    (a-8) Riverboat gambling operations conducted by a
21licensed manager on behalf of the State are not subject to the
22tax imposed under this Section.
23    (a-10) The taxes imposed by this Section shall be paid by
24the licensed owner to the Board not later than 5:00 o'clock
25p.m. of the day after the day when the wagers were made.
26    (a-15) If the privilege tax imposed under subsection (a-3)

 

 

SB3019- 30 -LRB099 16300 HLH 42858 b

1is no longer imposed pursuant to item (i) of the last paragraph
2of subsection (a-3), then by June 15 of each year, each owners
3licensee, other than an owners licensee that admitted 1,000,000
4persons or fewer in calendar year 2004, must, in addition to
5the payment of all amounts otherwise due under this Section,
6pay to the Board a reconciliation payment in the amount, if
7any, by which the licensed owner's base amount exceeds the
8amount of net privilege tax paid by the licensed owner to the
9Board in the then current State fiscal year. A licensed owner's
10net privilege tax obligation due for the balance of the State
11fiscal year shall be reduced up to the total of the amount paid
12by the licensed owner in its June 15 reconciliation payment.
13The obligation imposed by this subsection (a-15) is binding on
14any person, firm, corporation, or other entity that acquires an
15ownership interest in any such owners license. The obligation
16imposed under this subsection (a-15) terminates on the earliest
17of: (i) July 1, 2007, (ii) the first day after the effective
18date of this amendatory Act of the 94th General Assembly that
19riverboat gambling operations are conducted pursuant to a
20dormant license, (iii) the first day that riverboat gambling
21operations are conducted under the authority of an owners
22license that is in addition to the 10 owners licenses initially
23authorized under this Act, or (iv) the first day that a
24licensee under the Illinois Horse Racing Act of 1975 conducts
25gaming operations with slot machines or other electronic gaming
26devices. The Board must reduce the obligation imposed under

 

 

SB3019- 31 -LRB099 16300 HLH 42858 b

1this subsection (a-15) by an amount the Board deems reasonable
2for any of the following reasons: (A) an act or acts of God,
3(B) an act of bioterrorism or terrorism or a bioterrorism or
4terrorism threat that was investigated by a law enforcement
5agency, or (C) a condition beyond the control of the owners
6licensee that does not result from any act or omission by the
7owners licensee or any of its agents and that poses a hazardous
8threat to the health and safety of patrons. If an owners
9licensee pays an amount in excess of its liability under this
10Section, the Board shall apply the overpayment to future
11payments required under this Section.
12    For purposes of this subsection (a-15):
13    "Act of God" means an incident caused by the operation of
14an extraordinary force that cannot be foreseen, that cannot be
15avoided by the exercise of due care, and for which no person
16can be held liable.
17    "Base amount" means the following:
18        For a riverboat in Alton, $31,000,000.
19        For a riverboat in East Peoria, $43,000,000.
20        For the Empress riverboat in Joliet, $86,000,000.
21        For a riverboat in Metropolis, $45,000,000.
22        For the Harrah's riverboat in Joliet, $114,000,000.
23        For a riverboat in Aurora, $86,000,000.
24        For a riverboat in East St. Louis, $48,500,000.
25        For a riverboat in Elgin, $198,000,000.
26    "Dormant license" has the meaning ascribed to it in

 

 

SB3019- 32 -LRB099 16300 HLH 42858 b

1subsection (a-3).
2    "Net privilege tax" means all privilege taxes paid by a
3licensed owner to the Board under this Section, less all
4payments made from the State Gaming Fund pursuant to subsection
5(b) of this Section.
6    The changes made to this subsection (a-15) by Public Act
794-839 are intended to restate and clarify the intent of Public
8Act 94-673 with respect to the amount of the payments required
9to be made under this subsection by an owners licensee to the
10Board.
11    (b) Until January 1, 1998, 25% of the tax revenue deposited
12in the State Gaming Fund under this Section shall be paid,
13subject to appropriation by the General Assembly, to the unit
14of local government which is designated as the home dock of the
15riverboat. Beginning January 1, 1998, from the tax revenue
16deposited in the State Gaming Fund under this Section, an
17amount equal to 5% of adjusted gross receipts generated by a
18riverboat shall be paid monthly, subject to appropriation by
19the General Assembly, to the unit of local government that is
20designated as the home dock of the riverboat. From the tax
21revenue deposited in the State Gaming Fund pursuant to
22riverboat gambling operations conducted by a licensed manager
23on behalf of the State, an amount equal to 5% of adjusted gross
24receipts generated pursuant to those riverboat gambling
25operations shall be paid monthly, subject to appropriation by
26the General Assembly, to the unit of local government that is

 

 

SB3019- 33 -LRB099 16300 HLH 42858 b

1designated as the home dock of the riverboat upon which those
2riverboat gambling operations are conducted.
3    (c) Appropriations, as approved by the General Assembly,
4may be made from the State Gaming Fund to the Board (i) for the
5administration and enforcement of this Act and the Video Gaming
6Act, (ii) for distribution to the Department of State Police
7and to the Department of Revenue for the enforcement of this
8Act, and (iii) to the Department of Human Services for the
9administration of programs to treat problem gambling.
10    (c-5) Before May 26, 2006 (the effective date of Public Act
1194-804) and beginning on the effective date of this amendatory
12Act of the 95th General Assembly, unless any organization
13licensee under the Illinois Horse Racing Act of 1975 begins to
14operate a slot machine or video game of chance under the
15Illinois Horse Racing Act of 1975 or this Act, after the
16payments required under subsections (b) and (c) have been made,
17an amount equal to 15% of the adjusted gross receipts of (1) an
18owners licensee that relocates pursuant to Section 11.2, (2) an
19owners licensee conducting riverboat gambling operations
20pursuant to an owners license that is initially issued after
21June 25, 1999, or (3) the first riverboat gambling operations
22conducted by a licensed manager on behalf of the State under
23Section 7.3, whichever comes first, shall be paid from the
24State Gaming Fund into the Horse Racing Equity Fund.
25    (c-10) Each year the General Assembly shall appropriate
26from the General Revenue Fund to the Education Assistance Fund

 

 

SB3019- 34 -LRB099 16300 HLH 42858 b

1an amount equal to the amount paid into the Horse Racing Equity
2Fund pursuant to subsection (c-5) in the prior calendar year.
3    (c-15) After the payments required under subsections (b),
4(c), and (c-5) have been made, an amount equal to 2% of the
5adjusted gross receipts of (1) an owners licensee that
6relocates pursuant to Section 11.2, (2) an owners licensee
7conducting riverboat gambling operations pursuant to an owners
8license that is initially issued after June 25, 1999, or (3)
9the first riverboat gambling operations conducted by a licensed
10manager on behalf of the State under Section 7.3, whichever
11comes first, shall be paid, subject to appropriation from the
12General Assembly, from the State Gaming Fund to each home rule
13county with a population of over 3,000,000 inhabitants for the
14purpose of enhancing the county's criminal justice system.
15    (c-20) Each year the General Assembly shall appropriate
16from the General Revenue Fund to the Education Assistance Fund
17an amount equal to the amount paid to each home rule county
18with a population of over 3,000,000 inhabitants pursuant to
19subsection (c-15) in the prior calendar year.
20    (c-25) On July 1, 2013 and each July 1 thereafter,
21$1,600,000 shall be transferred from the State Gaming Fund to
22the Chicago State University Education Improvement Fund.
23    (c-30) On July 1, 2013 or as soon as possible thereafter,
24$92,000,000 shall be transferred from the State Gaming Fund to
25the School Infrastructure Fund and $23,000,000 shall be
26transferred from the State Gaming Fund to the Horse Racing

 

 

SB3019- 35 -LRB099 16300 HLH 42858 b

1Equity Fund.
2    (c-35) Beginning on July 1, 2013, in addition to any amount
3transferred under subsection (c-30) of this Section,
4$5,530,000 shall be transferred monthly from the State Gaming
5Fund to the School Infrastructure Fund.
6    (d) From time to time, the Board shall transfer the
7remainder of the funds generated by this Act into the Education
8Assistance Fund, created by Public Act 86-0018, of the State of
9Illinois.
10    (e) Nothing in this Act shall prohibit the unit of local
11government designated as the home dock of the riverboat from
12entering into agreements with other units of local government
13in this State or in other states to share its portion of the
14tax revenue.
15    (f) To the extent practicable, the Board shall administer
16and collect the wagering taxes imposed by this Section in a
17manner consistent with the provisions of Sections 4, 5, 5a, 5b,
185c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9, and 10 of the
19Retailers' Occupation Tax Act and Section 3-7 of the Uniform
20Penalty and Interest Act.
21    (g) Absent an enacted appropriation in any State fiscal
22year, this subsection shall constitute a continuing
23appropriation from the State Gaming Fund of all amounts
24necessary for the purpose of making distributions and transfers
25as provided in this Section. If an appropriation of the amounts
26set forth in this Section is enacted on or after July 1 of any

 

 

SB3019- 36 -LRB099 16300 HLH 42858 b

1calendar year, then the continuing appropriation shall
2discontinue for that State fiscal year, and the enacted
3appropriation shall supersede. The appropriation authority
4granted in this amendatory Act of the 99th General Assembly
5shall be valid for State fiscal years beginning on or after
6July 1, 2015.
7(Source: P.A. 98-18, eff. 6-7-13.)
 
8    Section 25. The Video Gaming Act is amended by changing
9Section 75 as follows:
 
10    (230 ILCS 40/75)
11    Sec. 75. Revenue sharing; Local Government Video Gaming
12Distributive Fund.
13    (a) As soon as may be after the first day of each month,
14the Department of Revenue shall allocate among those
15municipalities and counties of this State that have not
16prohibited video gaming pursuant to Section 27 or Section 70
17the amount available in the Local Government Video Gaming
18Distributive Fund, a special fund in the State Treasury, as
19provided in Section 60. The Department shall then certify such
20allocations to the State Comptroller, who shall pay over to
21those eligible municipalities and counties the respective
22amounts allocated to them. The amount of such funds allocable
23to each such municipality and county shall be in proportion to
24the tax revenue generated from video gaming within the eligible

 

 

SB3019- 37 -LRB099 16300 HLH 42858 b

1municipality or county compared to the tax revenue generated
2from video gaming Statewide.
3    (b) The amounts allocated and paid to a municipality or
4county of this State pursuant to the provisions of this Section
5may be used for any general corporate purpose authorized for
6that municipality or county.
7    (c) Upon determination by the Department that an amount has
8been paid pursuant to this Section in excess of the amount to
9which the county or municipality receiving such payment was
10entitled, the county or municipality shall, upon demand by the
11Department, repay such amount. If such repayment is not made
12within a reasonable time, the Department shall withhold from
13future payments an amount equal to such overpayment. The
14Department shall redistribute the amount of such payment to the
15county or municipality entitled thereto.
16    (d) Absent an enacted appropriation in any State fiscal
17year, this subsection (d) shall constitute a continuing
18appropriation from the Local Government Video Gaming
19Distributive Fund of all amounts necessary for the purpose of
20making distributions to municipalities and counties as
21provided in this Section. If an appropriation of the amounts
22set forth in this Section is enacted on or after July 1 of any
23calendar year, then the continuing appropriation shall
24discontinue for that State fiscal year, and the enacted
25appropriation shall supersede. The appropriation authority
26granted in this amendatory Act of the 99th General Assembly

 

 

SB3019- 38 -LRB099 16300 HLH 42858 b

1shall be valid for State fiscal years beginning on or after
2July 1, 2015.
3(Source: P.A. 96-34, eff. 7-13-09.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.