State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ House Amendment 002 ][ House Amendment 003 ]


92_HB4563ham001

 










                                             LRB9212061LDtmam

 1                    AMENDMENT TO HOUSE BILL 4563

 2        AMENDMENT NO.     .  Amend House Bill 4563  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.   The  Riverboat  Gambling Act is amended by
 5    changing Section 13 as follows:

 6        (230 ILCS 10/13) (from Ch. 120, par. 2413)
 7        Sec. 13.  Wagering tax; rate; distribution.
 8        (a)  Until January 1, 1998,  a  tax  is  imposed  on  the
 9    adjusted   gross   receipts   received  from  gambling  games
10    authorized under this Act at the rate of 20%.
11        Beginning January 1, 1998, a privilege tax is imposed  on
12    persons  engaged  in  the  business  of  conducting riverboat
13    gambling operations, based on  the  adjusted  gross  receipts
14    received  by  a licensed owner from gambling games authorized
15    under this Act at the following rates:
16             15% of annual adjusted  gross  receipts  up  to  and
17        including $25,000,000;
18             20%  of  annual adjusted gross receipts in excess of
19        $25,000,000 but not exceeding $50,000,000;
20             25% of annual adjusted gross receipts in  excess  of
21        $50,000,000 but not exceeding $75,000,000;
22             30%  of  annual adjusted gross receipts in excess of
 
                            -2-              LRB9212061LDtmam
 1        $75,000,000 but not exceeding $100,000,000;
 2             35% of annual adjusted gross receipts in  excess  of
 3        $100,000,000.
 4        The  taxes  imposed  by this Section shall be paid by the
 5    licensed owner to the Board not later than 3:00 o'clock  p.m.
 6    of the day after the day when the wagers were made.
 7        (b)  Until  January  1,  1998,  25%  of  the  tax revenue
 8    deposited in the State Gaming Fund under this  Section  shall
 9    be paid, subject to appropriation by the General Assembly, to
10    the  unit of local government which is designated as the home
11    dock of the riverboat.  Beginning January 1, 1998,  from  the
12    tax  revenue  deposited  in  the State Gaming Fund under this
13    Section, an amount equal to 5%  of  adjusted  gross  receipts
14    generated  by  a  riverboat shall be paid monthly, subject to
15    appropriation by the General Assembly, to the unit  of  local
16    government  that  is  designated  as  the  home  dock  of the
17    riverboat.
18        (c)  Appropriations, as approved by the General Assembly,
19    may be made from the State Gaming Fund to the  Department  of
20    Revenue   and   the   Department  of  State  Police  for  the
21    administration and enforcement of this Act.
22        (c-5)  After the payments required under subsections  (b)
23    and  (c)  have been made, an amount equal to 15% of the total
24    tax liability, as determined under subsection  (a),  adjusted
25    gross  receipts of a riverboat (1) that relocates pursuant to
26    Section 11.2, or (2) for which an owners license is initially
27    issued after the effective date of  this  amendatory  Act  of
28    1999,  whichever  comes  first,  shall be paid from the State
29    Gaming Fund into the Horse Racing Equity Fund.
30        (c-10)  Each year the General Assembly shall  appropriate
31    from  the  General  Revenue  Fund to the Education Assistance
32    Fund an amount equal to the amount paid into the Horse Racing
33    Equity  Fund  pursuant  to  subsection  (c-5)  in  the  prior
34    calendar year.
 
                            -3-              LRB9212061LDtmam
 1        (c-15)  After the  payments  required  under  subsections
 2    (b),  (c), and (c-5) have been made, an amount equal to 2% of
 3    the adjusted gross receipts of a riverboat (1) that relocates
 4    pursuant to Section 11.2, or (2) for which an owners  license
 5    is   initially  issued  after  the  effective  date  of  this
 6    amendatory Act of 1999, whichever comes first, shall be paid,
 7    subject to appropriation from the General Assembly, from  the
 8    State  Gaming Fund to each home rule county with a population
 9    of over 3,000,000 inhabitants for the  purpose  of  enhancing
10    the county's criminal justice system.
11        (c-20)  Each  year the General Assembly shall appropriate
12    from the General Revenue Fund  to  the  Education  Assistance
13    Fund  an  amount  equal  to the amount paid to each home rule
14    county  with  a  population  of  over  3,000,000  inhabitants
15    pursuant to subsection (c-15) in the prior calendar year.
16        (c-25)  After the  payments  required  under  subsections
17    (b), (c), (c-5) and (c-15) have been made, an amount equal to
18    2%  of  the  adjusted  gross receipts of a riverboat (1) that
19    relocates pursuant to Section  11.2,  or  (2)  for  which  an
20    owners  license  is initially issued after the effective date
21    of this amendatory Act of 1999, whichever comes first,  shall
22    be   paid   from   the  State  Gaming  Fund  into  the  State
23    Universities Athletic Capital Improvement Fund.
24        (d)  From time to time,  the  Board  shall  transfer  the
25    remainder  of  the  funds  generated  by  this  Act  into the
26    Education Assistance Fund, created by Public Act 86-0018,  of
27    the State of Illinois.
28        (e)  Nothing in this Act shall prohibit the unit of local
29    government  designated as the home dock of the riverboat from
30    entering into agreements with other units of local government
31    in this State or in other states to share its portion of  the
32    tax revenue.
33        (f)  To   the   extent   practicable,   the  Board  shall
34    administer and collect the wagering  taxes  imposed  by  this
 
                            -4-              LRB9212061LDtmam
 1    Section  in  a  manner  consistent  with  the  provisions  of
 2    Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
 3    6c,  8,  9,  and  10 of the Retailers' Occupation Tax Act and
 4    Section 3-7 of the Uniform Penalty and Interest Act.
 5    (Source: P.A. 90-548, eff. 12-4-97; 91-40, eff. 6-25-99.)

 6        Section 99.  Effective date.  This Act takes effect  upon
 7    becoming law.".

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