Illinois General Assembly - Full Text of HB4374
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Full Text of HB4374  99th General Assembly

HB4374 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4374

 

Introduced , by Rep. Rita Mayfield

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 605/605-530 new
30 ILCS 105/5.875 new
230 ILCS 10/13  from Ch. 120, par. 2413

    Creates the Commission on the Future of Economic Development of the African American Community within the Department of Commerce and Economic Opportunity. Provides that the Commission's purpose is to maintain and develop the economy within the African American community and to provide opportunities for this community that will enhance and expand the quality of their lives. Requires that the Commission consult with appropriate legislative committees about the State's economic development needs and opportunities in the African American community. Requires that the Commission submit to the Governor and General Assembly a comprehensive statewide economic development strategy for the African American community with a report on progress from the previous comprehensive strategy by October 1 of each even-numbered year. Provides that the Commission shall consist of 12 voting members appointed by the Governor, with representatives from production agriculture; transportation, construction, and logistics; travel and tourism; financial services and insurance; information technology and communications; and biotechnology, as well as manufacturing and small business. Provides that the Commission meet at least 4 times a year. Provides that the Commission make recommendations to the Department of Commerce and Economic Opportunity concerning the award of grants from amounts appropriated to the Department from the African American Community Economic Development Fund. Creates the African American Community Economic Development Fund. Amends the Riverboat Gambling Act. Provides that $20,000,000 be transferred annually from the State Gaming Fund into the African American Community Economic Development Fund.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4374LRB099 15586 MLM 39877 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of Commerce and Economic
5Opportunity Law of the Civil Administrative Code of Illinois is
6amended by adding Section 605-530 as follows:
 
7    (20 ILCS 605/605-530 new)
8    Sec. 605-530. The Commission on the Future of Economic
9Development of the African American Community.
10    (a) There is hereby created the Commission on the Future of
11Economic Development of the African American Community within
12the Department. The purpose of the Commission shall be to
13maintain and develop the economy within the African American
14community and to provide opportunities for this community that
15will enhance and expand the quality of their lives.
16    The Commission must concentrate its major efforts on
17strategic planning, policy research and analysis, advocacy,
18evaluation, and promoting coordination and collaboration.
19    During each regular legislative session, the Commission
20must consult with appropriate legislative committees about the
21State's economic development needs and opportunities in the
22African American community.
23    By October 1st of each even-numbered year, the Commission

 

 

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1must submit to the Governor and General Assembly a biennial
2comprehensive statewide economic development strategy for the
3African American community with a report on progress from the
4previous comprehensive strategy.
5    The comprehensive statewide economic development strategy
6may include:
7        (1) an assessment of the community's economic
8    vitality;
9        (2) recommended goals, objectives, and priorities for
10    the next biennium and the future;
11        (3) a common set of outcomes and benchmarks for the
12    economic development system as a whole for the African
13    American community;
14        (4) recommendations for removing barriers for African
15    Americans in employment;
16        (5) an inventory of existing relevant programs
17    compiled by the Commission from materials submitted by
18    agencies;
19        (6) recommendations for expanding, discontinuing, or
20    redirecting existing programs or adding new programs to
21    better serve the African American community; and
22        (7) recommendations of best practices and public and
23    private sector roles in implementing the comprehensive
24    statewide economic development strategy.
25    In developing the biennial statewide economic development
26strategy, plans, inventories, assessments, and policy

 

 

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1research, the Commission must consult, collaborate, and
2coordinate with relevant State agencies, private sector
3businesses, nonprofit organizations involved in economic
4development, trade associations, associate development
5organizations, and relevant local organizations in order to
6avoid duplication of effort.
7    State agencies must cooperate with the Commission and
8provide information as the Commission may reasonably request.
9    The Commission shall review and make budget
10recommendations to the Governor's Office of Management and
11Budget and the General Assembly in areas relating to the
12economic development in the State's African American
13community.
14    The Commission must evaluate its own performance on a
15regular basis.
16    The Commission may accept gifts, grants, donations,
17sponsorships, or contributions from any federal, State, or
18local governmental agency or program or any private source and
19expend the same for any purpose consistent with this Act.
20    (b) The Commission shall consist of 12 voting members
21appointed by the Governor. The chairperson of the Commission
22shall be one of the appointed members and shall be chosen by
23the Commission. The members of the Commission shall be
24representative, to the extent possible, of the various
25geographic areas of the State. The Director shall serve as an
26ad hoc nonvoting member of the Commission. In appointing the

 

 

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1members, the Governor shall appoint individuals representing
2the following private industry sectors:
3        (1) production agriculture;
4        (2) transportation, construction and logistics;
5        (3) travel and tourism;
6        (4) financial services and insurance;
7        (5) information technology and communications; and
8        (6) biotechnology.
9In addition, the Governor shall appoint at least 2 individuals
10representing manufacturing, one such individual shall
11represent a company with no more than 75 employees.
12    Members appointed by the Governor serve for not more than 2
13consecutive 3-year terms, except that, as determined by the
14Governor, of the initial appointees of the Commission, the
15terms of 4 members shall expire on October 1, 2017, the terms
16of 4 shall expire on October 1, 2018, and the terms of 4
17members shall expire on October 1, 2019. Thereafter, all terms
18are for 3 years. Vacancies must be filled in the same manner as
19the original appointments. The members of the Commission shall
20serve without compensation.
21    (c) The Commission shall meet at least 4 times a year, with
22at least one meeting each calendar quarter, at the call of the
23Director or 4 voting members of the Commission. The staff and
24support for the Commission shall be provided by the Department.
25    (d) The Commission and Department are encouraged to involve
26other essential groups in the work of the Commission,

 

 

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1including, but not limited to, (1) public universities, (2)
2community colleges, (3) other educational institutions, and
3(4) the Illinois Department of Labor.
4    (e) The Commission shall make recommendations, which must
5be approved by a majority of the Commission, to the Department
6concerning the award of grants from amounts appropriated to the
7Department from the African American Community Economic
8Development Fund, a special fund created in the State treasury.
9The Department must make grants to public or private entities
10submitting proposals to the Commission to assist in the
11economic development of the African American community. Grants
12may be used by these entities only for those purposes specified
13in the grant. The Commission shall coordinate with the
14Department to develop grant criteria.
15    (f) For purposes of this Section, "educational
16institutions" means nonprofit public and private colleges,
17community colleges, State colleges, and universities in the
18State.
 
19    Section 10. The State Finance Act is amended by adding
20Section 5.875 as follows:
 
21    (30 ILCS 105/5.875 new)
22    Sec. 5.875. The African American Community Economic
23Development Fund.
 

 

 

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1    Section 15. The Riverboat Gambling Act is amended by
2changing Section 13 as follows:
 
3    (230 ILCS 10/13)  (from Ch. 120, par. 2413)
4    Sec. 13. Wagering tax; rate; distribution.
5    (a) Until January 1, 1998, a tax is imposed on the adjusted
6gross receipts received from gambling games authorized under
7this Act at the rate of 20%.
8    (a-1) From January 1, 1998 until July 1, 2002, a privilege
9tax is imposed on persons engaged in the business of conducting
10riverboat gambling operations, based on the adjusted gross
11receipts received by a licensed owner from gambling games
12authorized under this Act at the following rates:
13        15% of annual adjusted gross receipts up to and
14    including $25,000,000;
15        20% of annual adjusted gross receipts in excess of
16    $25,000,000 but not exceeding $50,000,000;
17        25% of annual adjusted gross receipts in excess of
18    $50,000,000 but not exceeding $75,000,000;
19        30% of annual adjusted gross receipts in excess of
20    $75,000,000 but not exceeding $100,000,000;
21        35% of annual adjusted gross receipts in excess of
22    $100,000,000.
23    (a-2) From July 1, 2002 until July 1, 2003, a privilege tax
24is imposed on persons engaged in the business of conducting
25riverboat gambling operations, other than licensed managers

 

 

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

 

 

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1    including $25,000,000;
2        27.5% of annual adjusted gross receipts in excess of
3    $25,000,000 but not exceeding $37,500,000;
4        32.5% of annual adjusted gross receipts in excess of
5    $37,500,000 but not exceeding $50,000,000;
6        37.5% of annual adjusted gross receipts in excess of
7    $50,000,000 but not exceeding $75,000,000;
8        45% of annual adjusted gross receipts in excess of
9    $75,000,000 but not exceeding $100,000,000;
10        50% of annual adjusted gross receipts in excess of
11    $100,000,000 but not exceeding $250,000,000;
12        70% of annual adjusted gross receipts in excess of
13    $250,000,000.
14    An amount equal to the amount of wagering taxes collected
15under this subsection (a-3) that are in addition to the amount
16of wagering taxes that would have been collected if the
17wagering tax rates under subsection (a-2) were in effect shall
18be paid into the Common School Fund.
19    The privilege tax imposed under this subsection (a-3) shall
20no longer be imposed beginning on the earlier of (i) July 1,
212005; (ii) the first date after June 20, 2003 that riverboat
22gambling operations are conducted pursuant to a dormant
23license; or (iii) the first day that riverboat gambling
24operations are conducted under the authority of an owners
25license that is in addition to the 10 owners licenses initially
26authorized under this Act. For the purposes of this subsection

 

 

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1(a-3), the term "dormant license" means an owners license that
2is authorized by this Act under which no riverboat gambling
3operations are being conducted on June 20, 2003.
4    (a-4) Beginning on the first day on which the tax imposed
5under subsection (a-3) is no longer imposed, a privilege tax is
6imposed on persons engaged in the business of conducting
7riverboat gambling operations, other than licensed managers
8conducting riverboat gambling operations on behalf of the
9State, based on the adjusted gross receipts received by a
10licensed owner from gambling games authorized under this Act at
11the following rates:
12        15% of annual adjusted gross receipts up to and
13    including $25,000,000;
14        22.5% of annual adjusted gross receipts in excess of
15    $25,000,000 but not exceeding $50,000,000;
16        27.5% of annual adjusted gross receipts in excess of
17    $50,000,000 but not exceeding $75,000,000;
18        32.5% of annual adjusted gross receipts in excess of
19    $75,000,000 but not exceeding $100,000,000;
20        37.5% of annual adjusted gross receipts in excess of
21    $100,000,000 but not exceeding $150,000,000;
22        45% of annual adjusted gross receipts in excess of
23    $150,000,000 but not exceeding $200,000,000;
24        50% of annual adjusted gross receipts in excess of
25    $200,000,000.
26    (a-8) Riverboat gambling operations conducted by a

 

 

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1licensed manager on behalf of the State are not subject to the
2tax imposed under this Section.
3    (a-10) The taxes imposed by this Section shall be paid by
4the licensed owner to the Board not later than 5:00 o'clock
5p.m. of the day after the day when the wagers were made.
6    (a-15) If the privilege tax imposed under subsection (a-3)
7is no longer imposed pursuant to item (i) of the last paragraph
8of subsection (a-3), then by June 15 of each year, each owners
9licensee, other than an owners licensee that admitted 1,000,000
10persons or fewer in calendar year 2004, must, in addition to
11the payment of all amounts otherwise due under this Section,
12pay to the Board a reconciliation payment in the amount, if
13any, by which the licensed owner's base amount exceeds the
14amount of net privilege tax paid by the licensed owner to the
15Board in the then current State fiscal year. A licensed owner's
16net privilege tax obligation due for the balance of the State
17fiscal year shall be reduced up to the total of the amount paid
18by the licensed owner in its June 15 reconciliation payment.
19The obligation imposed by this subsection (a-15) is binding on
20any person, firm, corporation, or other entity that acquires an
21ownership interest in any such owners license. The obligation
22imposed under this subsection (a-15) terminates on the earliest
23of: (i) July 1, 2007, (ii) the first day after the effective
24date of this amendatory Act of the 94th General Assembly that
25riverboat gambling operations are conducted pursuant to a
26dormant license, (iii) the first day that riverboat gambling

 

 

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1operations are conducted under the authority of an owners
2license that is in addition to the 10 owners licenses initially
3authorized under this Act, or (iv) the first day that a
4licensee under the Illinois Horse Racing Act of 1975 conducts
5gaming operations with slot machines or other electronic gaming
6devices. The Board must reduce the obligation imposed under
7this subsection (a-15) by an amount the Board deems reasonable
8for any of the following reasons: (A) an act or acts of God,
9(B) an act of bioterrorism or terrorism or a bioterrorism or
10terrorism threat that was investigated by a law enforcement
11agency, or (C) a condition beyond the control of the owners
12licensee that does not result from any act or omission by the
13owners licensee or any of its agents and that poses a hazardous
14threat to the health and safety of patrons. If an owners
15licensee pays an amount in excess of its liability under this
16Section, the Board shall apply the overpayment to future
17payments required under this Section.
18    For purposes of this subsection (a-15):
19    "Act of God" means an incident caused by the operation of
20an extraordinary force that cannot be foreseen, that cannot be
21avoided by the exercise of due care, and for which no person
22can be held liable.
23    "Base amount" means the following:
24        For a riverboat in Alton, $31,000,000.
25        For a riverboat in East Peoria, $43,000,000.
26        For the Empress riverboat in Joliet, $86,000,000.

 

 

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1        For a riverboat in Metropolis, $45,000,000.
2        For the Harrah's riverboat in Joliet, $114,000,000.
3        For a riverboat in Aurora, $86,000,000.
4        For a riverboat in East St. Louis, $48,500,000.
5        For a riverboat in Elgin, $198,000,000.
6    "Dormant license" has the meaning ascribed to it in
7subsection (a-3).
8    "Net privilege tax" means all privilege taxes paid by a
9licensed owner to the Board under this Section, less all
10payments made from the State Gaming Fund pursuant to subsection
11(b) of this Section.
12    The changes made to this subsection (a-15) by Public Act
1394-839 are intended to restate and clarify the intent of Public
14Act 94-673 with respect to the amount of the payments required
15to be made under this subsection by an owners licensee to the
16Board.
17    (b) Until January 1, 1998, 25% of the tax revenue deposited
18in the State Gaming Fund under this Section shall be paid,
19subject to appropriation by the General Assembly, to the unit
20of local government which is designated as the home dock of the
21riverboat. Beginning January 1, 1998, from the tax revenue
22deposited in the State Gaming Fund under this Section, an
23amount equal to 5% of adjusted gross receipts generated by a
24riverboat shall be paid monthly, subject to appropriation by
25the General Assembly, to the unit of local government that is
26designated as the home dock of the riverboat. From the tax

 

 

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1revenue deposited in the State Gaming Fund pursuant to
2riverboat gambling operations conducted by a licensed manager
3on behalf of the State, an amount equal to 5% of adjusted gross
4receipts generated pursuant to those riverboat gambling
5operations shall be paid monthly, subject to appropriation by
6the General Assembly, to the unit of local government that is
7designated as the home dock of the riverboat upon which those
8riverboat gambling operations are conducted.
9    (c) Appropriations, as approved by the General Assembly,
10may be made from the State Gaming Fund to the Board (i) for the
11administration and enforcement of this Act and the Video Gaming
12Act, (ii) for distribution to the Department of State Police
13and to the Department of Revenue for the enforcement of this
14Act, and (iii) to the Department of Human Services for the
15administration of programs to treat problem gambling.
16    (c-5) Before May 26, 2006 (the effective date of Public Act
1794-804) and beginning on the effective date of this amendatory
18Act of the 95th General Assembly, unless any organization
19licensee under the Illinois Horse Racing Act of 1975 begins to
20operate a slot machine or video game of chance under the
21Illinois Horse Racing Act of 1975 or this Act, after the
22payments required under subsections (b) and (c) have been made,
23an amount equal to 15% of the adjusted gross receipts of (1) an
24owners licensee that relocates pursuant to Section 11.2, (2) an
25owners licensee conducting riverboat gambling operations
26pursuant to an owners license that is initially issued after

 

 

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

 

 

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1$1,600,000 shall be transferred from the State Gaming Fund to
2the Chicago State University Education Improvement Fund.
3    (c-30) On July 1, 2013 or as soon as possible thereafter,
4$92,000,000 shall be transferred from the State Gaming Fund to
5the School Infrastructure Fund and $23,000,000 shall be
6transferred from the State Gaming Fund to the Horse Racing
7Equity Fund.
8    (c-35) Beginning on July 1, 2013, in addition to any amount
9transferred under subsection (c-30) of this Section,
10$5,530,000 shall be transferred monthly from the State Gaming
11Fund to the School Infrastructure Fund.
12    (c-40) After the payments required under subsections (b),
13(c), (c-5), (c-15), and (c-25) have been made, $20,000,000
14shall be transferred annually from the State Gaming Fund into
15the African American Community Economic Development Fund.
16    (d) From time to time, the Board shall transfer the
17remainder of the funds generated by this Act into the Education
18Assistance Fund, created by Public Act 86-0018, of the State of
19Illinois.
20    (e) Nothing in this Act shall prohibit the unit of local
21government designated as the home dock of the riverboat from
22entering into agreements with other units of local government
23in this State or in other states to share its portion of the
24tax revenue.
25    (f) To the extent practicable, the Board shall administer
26and collect the wagering taxes imposed by this Section in a

 

 

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1manner consistent with the provisions of Sections 4, 5, 5a, 5b,
25c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9, and 10 of the
3Retailers' Occupation Tax Act and Section 3-7 of the Uniform
4Penalty and Interest Act.
5(Source: P.A. 98-18, eff. 6-7-13.)