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92_SB1539
LRB9211131LDtm
1 AN ACT in relation to gambling.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Horse Racing Act of 1975 is
5 amended by changing Section 54 as follows:
6 (230 ILCS 5/54)
7 Sec. 54. Horse Racing Equity Fund.
8 (a) There is created in the State Treasury a Fund to be
9 known as the Horse Racing Equity Fund. The Fund shall
10 consist of moneys paid into it pursuant to subsection (a-5)
11 (c-5) of Section 13 of the Riverboat Gambling Act. The Fund
12 shall be administered by the Racing Board.
13 (b) The moneys deposited into the Fund shall be
14 distributed by the State Treasurer within 10 days after those
15 moneys are deposited into the Fund as follows:
16 (1) Fifty percent of all moneys distributed under
17 this subsection shall be distributed to organization
18 licensees to be distributed at their race meetings as
19 purses. Fifty-seven percent of the amount distributed
20 under this paragraph (1) shall be distributed for
21 thoroughbred race meetings and 43% shall be distributed
22 for standardbred race meetings. Within each breed,
23 moneys shall be allocated to each organization licensee's
24 purse fund in accordance with the ratio between the
25 purses generated for that breed by that licensee during
26 the prior calendar year and the total purses generated
27 throughout the State for that breed during the prior
28 calendar year.
29 (2) The remaining 50% of the moneys distributed
30 under this subsection (b) shall be distributed pro rata
31 according to the aggregate proportion of state-wide
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1 handle at the racetrack, inter-track, and inter-track
2 wagering locations that derive their licenses from a
3 racetrack identified in this paragraph (2) for calendar
4 years 1994, 1996, and 1997 to (i) any person (or its
5 successors or assigns) who had operating control of a
6 racing facility at which live racing was conducted in
7 calendar year 1997 and who has operating control of an
8 organization licensee that conducted racing in calendar
9 year 1997 and is a licensee in the current year, or (ii)
10 any person (or its successors or assigns) who has
11 operating control of a racing facility located in a
12 county that is bounded by the Mississippi River that has
13 a population of less than 150,000 according to the 1990
14 decennial census and conducted an average of 60 days of
15 racing per year between 1985 and 1993 and has been
16 awarded an inter-track wagering license in the current
17 year.
18 If any person identified in this paragraph (2)
19 becomes ineligible to receive moneys from the Fund, such
20 amount shall be redistributed among the remaining persons
21 in proportion to their percentages otherwise calculated.
22 (Source: P.A. 91-40, eff. 6-25-99.)
23 Section 10. The Riverboat Gambling Act is amended by
24 changing Section 13 as follows:
25 (230 ILCS 10/13) (from Ch. 120, par. 2413)
26 Sec. 13. Wagering tax; rate; distribution.
27 (a) Until January 1, 1998, a tax is imposed on the
28 adjusted gross receipts received from gambling games
29 authorized under this Act at the rate of 20%.
30 Beginning January 1, 1998, a privilege tax is imposed on
31 persons engaged in the business of conducting riverboat
32 gambling operations, based on the adjusted gross receipts
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1 received by a licensed owner from gambling games authorized
2 under this Act at the following rates:
3 15% of annual adjusted gross receipts up to and
4 including $25,000,000;
5 20% of annual adjusted gross receipts in excess of
6 $25,000,000 but not exceeding $50,000,000;
7 25% of annual adjusted gross receipts in excess of
8 $50,000,000 but not exceeding $75,000,000;
9 30% of annual adjusted gross receipts in excess of
10 $75,000,000 but not exceeding $100,000,000;
11 35% of annual adjusted gross receipts in excess of
12 $100,000,000.
13 The taxes imposed by this subsection (a) Section shall be
14 paid by the licensed owner to the Board not later than 3:00
15 o'clock p.m. of the day after the day when the wagers were
16 made.
17 (a-5) An additional tax is imposed on the first owners
18 licensee that (1) relocates pursuant to Section 11.2 or (2)
19 receives an initial owners license at any time after June 25,
20 1999, beginning on the date of the relocation or license
21 issuance. The tax imposed under this subsection (a-5) shall
22 be equal to 15% of the licensee's adjusted gross receipts and
23 shall be paid by the licensed owner to the Board not later
24 than 3:00 o'clock p.m. of the day after the day the wagers
25 were made. The Board shall deposit all tax moneys collected
26 pursuant to this subsection (a-5) into the Horse Racing
27 Equity Fund.
28 (b) Until January 1, 1998, 25% of the tax revenue
29 deposited in the State Gaming Fund under this Section shall
30 be paid, subject to appropriation by the General Assembly, to
31 the unit of local government which is designated as the home
32 dock of the riverboat. Beginning January 1, 1998, from the
33 tax revenue deposited in the State Gaming Fund under this
34 Section, an amount equal to 5% of adjusted gross receipts
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1 generated by a riverboat shall be paid monthly, subject to
2 appropriation by the General Assembly, to the unit of local
3 government that is designated as the home dock of the
4 riverboat.
5 (c) Appropriations, as approved by the General Assembly,
6 may be made from the State Gaming Fund to the Department of
7 Revenue and the Department of State Police for the
8 administration and enforcement of this Act.
9 (c-5) After the payments required under subsections (b)
10 and (c) have been made, an amount equal to 15% of the
11 adjusted gross receipts of a riverboat (1) that relocates
12 pursuant to Section 11.2, or (2) for which an owners license
13 is initially issued after the effective date of this
14 amendatory Act of 1999, whichever comes first, shall be paid
15 from the State Gaming Fund into the Horse Racing Equity Fund.
16 (c-10) Each year the General Assembly shall appropriate
17 from the General Revenue Fund to the Education Assistance
18 Fund an amount equal to the amount paid into the Horse Racing
19 Equity Fund pursuant to subsection (c-5) in the prior
20 calendar year.
21 (c-15) After the payments required under subsections (b)
22 and, (c), and (c-5) have been made, an amount equal to 2% of
23 the adjusted gross receipts of a riverboat (1) that relocates
24 pursuant to Section 11.2, or (2) for which an owners license
25 is initially issued after the effective date of this
26 amendatory Act of 1999, whichever comes first, shall be paid,
27 subject to appropriation from the General Assembly, from the
28 State Gaming Fund to each home rule county with a population
29 of over 3,000,000 inhabitants for the purpose of enhancing
30 the county's criminal justice system.
31 (c-20) Each year the General Assembly shall appropriate
32 from the General Revenue Fund to the Education Assistance
33 Fund an amount equal to the amount paid to each home rule
34 county with a population of over 3,000,000 inhabitants
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1 pursuant to subsection (c-15) in the prior calendar year.
2 (c-25) After the payments required under subsections
3 (b), (c), (c-5) and (c-15) have been made, an amount equal to
4 2% of the adjusted gross receipts of a riverboat (1) that
5 relocates pursuant to Section 11.2, or (2) for which an
6 owners license is initially issued after the effective date
7 of this amendatory Act of 1999, whichever comes first, shall
8 be paid from the State Gaming Fund into the State
9 Universities Athletic Capital Improvement Fund.
10 (d) From time to time, the Board shall transfer the
11 remainder of the funds generated by this Act into the
12 Education Assistance Fund, created by Public Act 86-0018, of
13 the State of 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
20 administer and collect the wagering taxes imposed by this
21 Section in a manner consistent with the provisions of
22 Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
23 6c, 8, 9, and 10 of the Retailers' Occupation Tax Act and
24 Section 3-7 of the Uniform Penalty and Interest Act.
25 (Source: P.A. 90-548, eff. 12-4-97; 91-40, eff. 6-25-99.)
26 Section 99. Effective date. This Act takes effect upon
27 becoming law.