Full Text of HB2380 93rd General Assembly
HB2380ham001 93RD GENERAL ASSEMBLY
|
Rep. Charles G. Morrow III
Filed: 3/23/2004
|
|
09300HB2380ham001 |
|
LRB093 09192 LRD 48855 a |
|
| 1 |
| AMENDMENT TO HOUSE BILL 2380
| 2 |
| AMENDMENT NO. ______. Amend House Bill 2380 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 5. The State Finance Act is amended by adding | 5 |
| Section
5.625 as follows:
| 6 |
| (30 ILCS 105/5.625 new)
| 7 |
| Sec. 5.625. The Universal Service Surcharge Fund.
| 8 |
| Section 10. The Public Utilities Act is amended by adding | 9 |
| Sections 8-207.5
and
9-222.4 as follows:
| 10 |
| (220 ILCS 5/8-207.5 new)
| 11 |
| Sec. 8-207.5. Percentage of Income Payment Plan.
| 12 |
| (a) An electric or gas public utility that provides service | 13 |
| to consumers in
Illinois
shall participate in the Percentage of | 14 |
| Income Payment Plan established under
the Energy
Assistance Act | 15 |
| of 1989.
| 16 |
| (b) As a part of the percentage of income payment plan, an | 17 |
| electric or gas
public
utility shall establish and implement an | 18 |
| arrearage forgiveness program for
consumers
who are | 19 |
| participating in the plan. The arrearage forgiveness program | 20 |
| shall
provide that
one-twelfth of a participant's arrearage | 21 |
| shall be forgiven for every 3 months
of
participation in the | 22 |
| plan.
|
|
|
|
09300HB2380ham001 |
- 2 - |
LRB093 09192 LRD 48855 a |
|
| 1 |
| (c) Notwithstanding any other provision of this Act, an | 2 |
| electric or gas
public
utility may not disconnect service to | 3 |
| any residential customer who is a
participant in the
Percentage | 4 |
| of Income Payment Plan.
| 5 |
| (220 ILCS 5/9-222.4 new)
| 6 |
| Sec. 9-222.4. Universal Service Fund Surcharge.
| 7 |
| (a) The Commission shall establish a surcharge (universal | 8 |
| service rider) to
be
imposed by a public utility upon gas and | 9 |
| electricity service provided to
consumers in this
State. The | 10 |
| amount that may be recovered under the universal service rider | 11 |
| for a
given
year shall be limited to the amount by which the | 12 |
| cost of gas or electricity
provided to
consumers participating | 13 |
| in the Percentage of Income Payment Plan exceeds the
amount
| 14 |
| paid by those consumers for gas or electricity. The amount of | 15 |
| the surcharge
shall be
adjusted each year to reflect the actual | 16 |
| costs incurred during the previous
year.
| 17 |
| (b) Moneys received under the universal service rider shall | 18 |
| be paid to the
Commission and deposited into the Universal | 19 |
| Service Surcharge Fund, a special
fund
hereby created in the | 20 |
| State Treasury. Subject to appropriation, the moneys in
the
| 21 |
| Universal Service Surcharge Fund shall be used to pay providers | 22 |
| of gas or
electricity the
amount by which the cost of gas or | 23 |
| electricity provided to consumers
participating in the
| 24 |
| Percentage of Income Payment Plan exceeded the amount paid by | 25 |
| those consumers
to the provider for
that
gas or electricity.
| 26 |
| Section 13. The Riverboat Gambling Act is amended by | 27 |
| changing Section 13 as follows:
| 28 |
| (230 ILCS 10/13) (from Ch. 120, par. 2413)
| 29 |
| Sec. 13. Wagering tax; rate; distribution.
| 30 |
| (a) Until January 1, 1998, a tax is imposed on the adjusted | 31 |
| gross
receipts received from gambling games authorized under |
|
|
|
09300HB2380ham001 |
- 3 - |
LRB093 09192 LRD 48855 a |
|
| 1 |
| this Act at the rate of
20%.
| 2 |
| (a-1) From January 1, 1998 until July 1, 2002, a privilege | 3 |
| tax is
imposed on persons engaged in the business of conducting | 4 |
| riverboat gambling
operations, based on the adjusted gross | 5 |
| receipts received by a licensed owner
from gambling games | 6 |
| authorized under this Act at the following rates:
| 7 |
| 15% of annual adjusted gross receipts up to and | 8 |
| including $25,000,000;
| 9 |
| 20% of annual adjusted gross receipts in excess of | 10 |
| $25,000,000 but not
exceeding $50,000,000;
| 11 |
| 25% of annual adjusted gross receipts in excess of | 12 |
| $50,000,000 but not
exceeding $75,000,000;
| 13 |
| 30% of annual adjusted gross receipts in excess of | 14 |
| $75,000,000 but not
exceeding $100,000,000;
| 15 |
| 35% of annual adjusted gross receipts in excess of | 16 |
| $100,000,000.
| 17 |
| (a-2) From July 1, 2002 until July 1, 2003, a privilege tax | 18 |
| is imposed on
persons engaged in the business of conducting | 19 |
| riverboat gambling operations,
other than licensed managers | 20 |
| conducting riverboat gambling operations on behalf
of the | 21 |
| State, based on the adjusted gross receipts received by a | 22 |
| licensed
owner from gambling games authorized under this Act at | 23 |
| the following rates:
| 24 |
| 15% of annual adjusted gross receipts up to and | 25 |
| including $25,000,000;
| 26 |
| 22.5% of annual adjusted gross receipts in excess of | 27 |
| $25,000,000 but not
exceeding $50,000,000;
| 28 |
| 27.5% of annual adjusted gross receipts in excess of | 29 |
| $50,000,000 but not
exceeding $75,000,000;
| 30 |
| 32.5% of annual adjusted gross receipts in excess of | 31 |
| $75,000,000 but not
exceeding $100,000,000;
| 32 |
| 37.5% of annual adjusted gross receipts in excess of | 33 |
| $100,000,000 but not
exceeding $150,000,000;
| 34 |
| 45% of annual adjusted gross receipts in excess of |
|
|
|
09300HB2380ham001 |
- 4 - |
LRB093 09192 LRD 48855 a |
|
| 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 | 27 |
| of wagering taxes that
would have been collected if the | 28 |
| wagering tax rates under subsection (a-2)
were in effect shall | 29 |
| be paid into the Common School Fund.
| 30 |
| The privilege tax imposed under this subsection (a-3) shall | 31 |
| no longer be
imposed beginning on the earlier of (i) July 1, | 32 |
| 2005; (ii) the first date
after June 20, 2003
the effective | 33 |
| date of this amendatory Act of the
93rd General Assembly that | 34 |
| riverboat gambling operations are conducted
pursuant to a |
|
|
|
09300HB2380ham001 |
- 5 - |
LRB093 09192 LRD 48855 a |
|
| 1 |
| dormant license; or (iii) the first day that riverboat gambling
| 2 |
| operations are conducted under the authority of an owners | 3 |
| license that is in
addition to the 10 owners licenses initially | 4 |
| authorized under this Act.
For the purposes of this subsection | 5 |
| (a-3), the term "dormant license"
means an owners license that | 6 |
| is authorized by this Act under which no
riverboat gambling | 7 |
| operations are being conducted on June 20, 2003
the effective | 8 |
| date of this amendatory Act of the 93rd General Assembly .
| 9 |
| (a-4) Beginning on the first day on which the tax imposed | 10 |
| under
subsection (a-3) is no longer imposed, a privilege tax is | 11 |
| imposed on persons
engaged in the business of conducting | 12 |
| riverboat gambling operations, other
than licensed managers | 13 |
| conducting riverboat gambling operations on behalf of
the | 14 |
| State, based on the adjusted gross receipts received by a | 15 |
| licensed owner
from gambling games authorized under this Act at | 16 |
| the following rates:
| 17 |
| 15% of annual adjusted gross receipts up to and | 18 |
| including $25,000,000;
| 19 |
| 22.5% of annual adjusted gross receipts in excess of | 20 |
| $25,000,000 but not
exceeding $50,000,000;
| 21 |
| 27.5% of annual adjusted gross receipts in excess of | 22 |
| $50,000,000 but not
exceeding $75,000,000;
| 23 |
| 32.5% of annual adjusted gross receipts in excess of | 24 |
| $75,000,000 but not
exceeding $100,000,000;
| 25 |
| 37.5% of annual adjusted gross receipts in excess of | 26 |
| $100,000,000 but not
exceeding $150,000,000;
| 27 |
| 45% of annual adjusted gross receipts in excess of | 28 |
| $150,000,000 but not
exceeding $200,000,000;
| 29 |
| 50% of annual adjusted gross receipts in excess of | 30 |
| $200,000,000.
| 31 |
| (a-8) Riverboat gambling operations conducted by a | 32 |
| licensed manager on
behalf of the State are not subject to the | 33 |
| tax imposed under this Section.
| 34 |
| (a-10) The taxes imposed by this Section shall be paid by |
|
|
|
09300HB2380ham001 |
- 6 - |
LRB093 09192 LRD 48855 a |
|
| 1 |
| the licensed
owner to the Board not later than 3:00 o'clock | 2 |
| p.m. of the day after the day
when the wagers were made.
| 3 |
| (b) Until January 1, 1998, 25% of the tax revenue deposited | 4 |
| in the State
Gaming Fund under this Section shall be paid, | 5 |
| subject to appropriation by the
General Assembly, to the unit | 6 |
| of local government which is designated as the
home dock of the | 7 |
| riverboat. Beginning January 1, 1998, from the tax revenue
| 8 |
| deposited in the State Gaming Fund under this Section, an | 9 |
| amount equal to 5% of
adjusted gross receipts generated by a | 10 |
| riverboat shall be paid monthly, subject
to appropriation by | 11 |
| the General Assembly, to the unit of local government that
is | 12 |
| designated as the home dock of the riverboat. From the tax | 13 |
| revenue
deposited in the State Gaming Fund pursuant to | 14 |
| riverboat gambling operations
conducted by a licensed manager | 15 |
| on behalf of the State, an amount equal to 5%
of adjusted gross | 16 |
| receipts generated pursuant to those riverboat gambling
| 17 |
| operations shall be paid monthly,
subject to appropriation by | 18 |
| the General Assembly, to the unit of local
government that is | 19 |
| designated as the home dock of the riverboat upon which
those | 20 |
| riverboat gambling operations are conducted.
| 21 |
| (c) Appropriations, as approved by the General Assembly, | 22 |
| may be made
from the State Gaming Fund to the Department of | 23 |
| Revenue and the Department
of State Police for the | 24 |
| administration and enforcement of this Act, or to the
| 25 |
| Department of Human Services for the administration of programs | 26 |
| to treat
problem gambling.
| 27 |
| (c-5) After the payments required under subsections (b) and | 28 |
| (c) have been
made, an amount equal to 15% of the adjusted | 29 |
| gross receipts of (1) an owners
licensee that relocates | 30 |
| pursuant to Section 11.2,
(2) an owners licensee
license | 31 |
| conducting riverboat gambling operations
pursuant to an
owners | 32 |
| license that is initially issued after June
25, 1999,
or (3) | 33 |
| the first
riverboat gambling operations conducted by a licensed | 34 |
| manager on behalf of the
State under Section 7.3
7.2 ,
whichever |
|
|
|
09300HB2380ham001 |
- 7 - |
LRB093 09192 LRD 48855 a |
|
| 1 |
| comes first, shall be paid from the State
Gaming Fund into the | 2 |
| Horse Racing Equity Fund.
| 3 |
| (c-10) Each year the General Assembly shall appropriate | 4 |
| from the General
Revenue Fund to the Education Assistance Fund | 5 |
| an amount equal to the amount
paid into the Horse Racing Equity | 6 |
| Fund pursuant to subsection (c-5) in the
prior calendar year.
| 7 |
| (c-15) After the payments required under subsections (b), | 8 |
| (c), and (c-5)
have been made, an amount equal to 2% of the | 9 |
| adjusted gross receipts of (1)
an owners licensee that | 10 |
| relocates pursuant to Section 11.2, (2) an owners
licensee | 11 |
| conducting riverboat gambling operations pursuant to
an
owners | 12 |
| license that is initially issued after June 25, 1999,
or (3) | 13 |
| the first
riverboat gambling operations conducted by a licensed | 14 |
| manager on behalf of the
State under Section 7.3
7.2 ,
whichever | 15 |
| comes first, shall be paid, subject to appropriation
from the | 16 |
| General Assembly, from the State Gaming Fund to each home rule
| 17 |
| county with a population of over 3,000,000 inhabitants for the | 18 |
| purpose of
enhancing the county's criminal justice system.
| 19 |
| (c-20) Each year the General Assembly shall appropriate | 20 |
| from the General
Revenue Fund to the Education Assistance Fund | 21 |
| an amount equal to the amount
paid to each home rule county | 22 |
| with a population of over 3,000,000 inhabitants
pursuant to | 23 |
| subsection (c-15) in the prior calendar year.
| 24 |
| (c-25) After the payments required under subsections (b), | 25 |
| (c), (c-5) , and
(c-15) have been made, an amount equal to 2% of | 26 |
| the
adjusted gross receipts of (1) an owners licensee
license | 27 |
| that
relocates pursuant to Section 11.2, (2) an
owners
licensee
| 28 |
| license conducting riverboat gambling operations pursuant to
| 29 |
| an
owners license
that is initially issued after June 25, 1999,
| 30 |
| or (3) the first
riverboat gambling operations conducted by a | 31 |
| licensed manager on behalf of the
State under Section 7.3
7.2 ,
| 32 |
| whichever
comes first,
shall be paid from the State
Gaming Fund | 33 |
| to Chicago State University.
| 34 |
| (c-30) After the payments required under subsections (b), |
|
|
|
09300HB2380ham001 |
- 8 - |
LRB093 09192 LRD 48855 a |
|
| 1 |
| (c), (c-5),
(c-15), and (c-25) have been made, an amount equal | 2 |
| to 1% of the
adjusted gross receipts of each riverboat shall be | 3 |
| paid from the State
Gaming Fund to the Supplemental Low-Income | 4 |
| Energy Assistance Fund.
| 5 |
| (c-35) Each year the General Assembly shall appropriate | 6 |
| from the General
Revenue Fund to the Education Assistance Fund | 7 |
| an amount equal to the amount
paid into the Supplemental | 8 |
| Low-Income Energy Assistance Fund pursuant to subsection | 9 |
| (c-30) in the prior calendar year.
| 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. 92-595, eff. 6-28-02; 93-27, eff. 6-20-03; 93-28, | 26 |
| eff.
6-20-03; revised 1-28-04.)
| 27 |
| Section 15. The Energy Assistance Act of 1989 is amended by | 28 |
| adding Section
4.5
as follows:
| 29 |
| (305 ILCS 20/4.5 new)
| 30 |
| Sec. 4.5. Percentage of Income Payment Plan.
| 31 |
| (a) In addition to the energy assistance program | 32 |
| established under Section
4,
the
Department shall institute a |
|
|
|
09300HB2380ham001 |
- 9 - |
LRB093 09192 LRD 48855 a |
|
| 1 |
| Percentage of Income Payment Plan to further
ensure the
| 2 |
| availability of heating and electric service to low income | 3 |
| citizens. The
Department shall
implement the plan by rule. The | 4 |
| plan shall be consistent with the objectives of
this
Section. | 5 |
| The Department shall ensure that the plan is in operation by | 6 |
| November
1,
2004,
and may enter into such contracts and other | 7 |
| agreements with local agencies as
may be
necessary for the | 8 |
| purpose of administering the plan.
| 9 |
| (b) The plan shall be coordinated with the energy | 10 |
| assistance program.
Application
for benefits shall be made | 11 |
| jointly for both the Percentage of Income Payment
Plan and the
| 12 |
| energy assistance program. An applicant for the Percentage of | 13 |
| Income Payment
Plan
must
also apply for the energy assistance | 14 |
| program. In determining benefit
distribution under
the energy | 15 |
| assistance program and the Percentage of Income Payment Plan, | 16 |
| the
Department shall consider utility prices, household size, | 17 |
| income, and
geographic
location.
The amounts distributed under | 18 |
| the energy assistance program shall not exceed
40% of
energy | 19 |
| costs for the lowest income level of eligible households nor | 20 |
| 15% of
energy costs
for the highest income level of eligible | 21 |
| households.
| 22 |
| (c) In order to be eligible for the Percentage of Income | 23 |
| Payment Plan, an
applicant
must have a household income that is | 24 |
| at or below 150% of the federal poverty
level. A
resident | 25 |
| eligible to participate in the plan shall be required to pay no | 26 |
| more
than 6% of his
or her annual income for gas and electric | 27 |
| service. A resident whose household
income is
at or below 50% | 28 |
| of the federal poverty level shall be required to pay no more
| 29 |
| than 3% of
his or her annual income for gas and electric | 30 |
| service. For purposes of this
subsection, a
consumer's annual | 31 |
| gas and electric costs shall be determined after deducting
any | 32 |
| amounts
the consumer receives under the energy assistance | 33 |
| program and all other energy
assistance programs. ".
|
|