Full Text of HB0290 98th General Assembly
HB0290ham001 98TH GENERAL ASSEMBLY | Rep. Rita Mayfield Filed: 4/12/2013
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| 1 | | AMENDMENT TO HOUSE BILL 290
| 2 | | AMENDMENT NO. ______. Amend House Bill 290 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Department of Commerce and Economic | 5 | | Opportunity Law of the
Civil Administrative Code of Illinois is | 6 | | amended 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 | 9 | | Development of the African American
Community. | 10 | | (a) There is hereby created the Commission on the Future of | 11 | | Economic Development of the
African American Community within | 12 | | the Department. The purpose of the Commission shall be to | 13 | | maintain and
develop the economy within the African American | 14 | | community and to provide opportunities for this community that | 15 | | will enhance
and expand the quality of their lives. | 16 | | The Commission must concentrate its major efforts on |
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| 1 | | strategic planning, policy research and analysis, advocacy, | 2 | | evaluation, and promoting coordination and collaboration. | 3 | | During each regular legislative session, the Commission | 4 | | must consult with appropriate legislative committees about the | 5 | | State's economic development needs and opportunities in the | 6 | | African American community. | 7 | | By October 1st of each even-numbered year, the Commission | 8 | | must submit to the Governor and General Assembly a biennial | 9 | | comprehensive statewide economic development strategy for the | 10 | | African American community with a report on progress from the | 11 | | previous comprehensive strategy. | 12 | | The comprehensive statewide economic development strategy | 13 | | may include: | 14 | | (1) an assessment of the community's economic | 15 | | vitality; | 16 | | (2) recommended goals, objectives, and priorities for | 17 | | the next biennium and the future; | 18 | | (3) a common set of outcomes and benchmarks for the | 19 | | economic development system as a whole for the African | 20 | | American community; | 21 | | (4) recommendations for removing barriers for African | 22 | | Americans in employment; | 23 | | (5) an inventory of existing relevant programs | 24 | | compiled by the Commission from materials submitted by | 25 | | agencies; | 26 | | (6) recommendations for expanding, discontinuing, or |
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| 1 | | redirecting existing programs or adding new programs to | 2 | | better serve the African American community; and | 3 | | (7) recommendations of best practices and public and | 4 | | private sector roles in implementing the comprehensive | 5 | | statewide economic development strategy. | 6 | | In developing the biennial statewide economic development | 7 | | strategy, plans, inventories, assessments, and policy | 8 | | research, the Commission must consult, collaborate, and | 9 | | coordinate with relevant State agencies, private sector | 10 | | businesses, nonprofit organizations involved in economic | 11 | | development, trade associations, associate development | 12 | | organizations, and relevant local organizations in order to | 13 | | avoid duplication of effort. | 14 | | State agencies must cooperate with the Commission and | 15 | | provide information as the Commission may reasonably request. | 16 | | The Commission shall review and make budget | 17 | | recommendations to the Governor's Office of Management and | 18 | | Budget and the General Assembly in areas relating to the | 19 | | economic development in the State's African American | 20 | | community. | 21 | | The Commission must evaluate its own performance on a | 22 | | regular basis. | 23 | | The Commission may accept gifts, grants, donations, | 24 | | sponsorships, or contributions from any federal, State, or | 25 | | local governmental agency or program or any private source and | 26 | | expend the same for any purpose consistent with this Act. |
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| 1 | | (b) The Commission shall consist of 12 voting members | 2 | | appointed by the Governor. The
chairperson of the Commission | 3 | | shall be one of the appointed members and shall be chosen by | 4 | | the
Commission. The members of the Commission shall be | 5 | | representative, to the extent possible, of the
various | 6 | | geographic areas of the State. The Director shall serve as an | 7 | | ad hoc nonvoting member of the
Commission. In appointing the | 8 | | members, the Governor shall appoint individuals representing | 9 | | the following
private industry sectors: | 10 | | (1) production agriculture; | 11 | | (2) transportation, construction and logistics; | 12 | | (3) travel and tourism; | 13 | | (4) financial services and insurance; | 14 | | (5) information technology and communications; and | 15 | | (6) biotechnology. | 16 | | In addition, the Governor shall appoint at least 2 individuals | 17 | | representing manufacturing, one such individual shall | 18 | | represent a
company with no more than 75 employees. | 19 | | Members appointed by the Governor serve for not more than 2 | 20 | | consecutive 3-year terms, except that, as determined by the | 21 | | Governor, of the initial appointees of the Commission, the | 22 | | terms of 4 members shall expire on October 1, 2014, the terms | 23 | | of 4 shall expire on October 1, 2015, and the terms of 4 | 24 | | members shall expire on October 1, 2016. Thereafter, all terms | 25 | | are for 3 years. Vacancies must be filled in the same manner as | 26 | | the original appointments. The members of the Commission shall |
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| 1 | | serve without compensation. | 2 | | (c) The Commission shall meet at least 4 times a year, with | 3 | | at least one meeting each calendar
quarter, at the call of the | 4 | | Director or 4 voting members of the Commission. The staff and | 5 | | support for the
Commission shall be provided by the Department. | 6 | | (d) The Commission and Department are encouraged to involve | 7 | | other essential groups in the
work of the Commission, | 8 | | including, but not limited to, (1) public universities, (2) | 9 | | community
colleges, (3) other educational institutions, and | 10 | | (4) the Illinois Department of Labor. | 11 | | (e) The Commission shall make recommendations, which must | 12 | | be approved by a majority of the
Commission, to the Department | 13 | | concerning the award of grants from amounts appropriated to the
| 14 | | Department from the African American Community Economic | 15 | | Development Fund, a special fund created in the State
treasury. | 16 | | The Department must make grants to public or private entities | 17 | | submitting proposals to
the Commission to assist in the | 18 | | economic development of the African American community. Grants
| 19 | | may be used by these entities only for those purposes specified | 20 | | in the grant. The Commission shall
coordinate with the | 21 | | Department to develop grant criteria. | 22 | | (f) For purposes of this Section, "educational | 23 | | institutions" means nonprofit public and private colleges,
| 24 | | community colleges, State colleges, and universities in the | 25 | | State.
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| 1 | | Section 10. The State Finance Act is amended by adding | 2 | | Section 5.826 as follows: | 3 | | (30 ILCS 105/5.826 new) | 4 | | Sec. 5.826. The African American Community Economic | 5 | | Development Fund. | 6 | | Section 15. The Riverboat Gambling Act is amended by | 7 | | changing Section 13 as follows:
| 8 | | (230 ILCS 10/13) (from Ch. 120, par. 2413)
| 9 | | Sec. 13. Wagering tax; rate; distribution.
| 10 | | (a) Until January 1, 1998, a tax is imposed on the adjusted | 11 | | gross
receipts received from gambling games authorized under | 12 | | this Act at the rate of
20%.
| 13 | | (a-1) From January 1, 1998 until July 1, 2002, a privilege | 14 | | tax is
imposed on persons engaged in the business of conducting | 15 | | riverboat gambling
operations, based on the adjusted gross | 16 | | receipts received by a licensed owner
from gambling games | 17 | | authorized under this Act at the following rates:
| 18 | | 15% of annual adjusted gross receipts up to and | 19 | | including $25,000,000;
| 20 | | 20% of annual adjusted gross receipts in excess of | 21 | | $25,000,000 but not
exceeding $50,000,000;
| 22 | | 25% of annual adjusted gross receipts in excess of | 23 | | $50,000,000 but not
exceeding $75,000,000;
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| 1 | | 30% of annual adjusted gross receipts in excess of | 2 | | $75,000,000 but not
exceeding $100,000,000;
| 3 | | 35% of annual adjusted gross receipts in excess of | 4 | | $100,000,000.
| 5 | | (a-2) From July 1, 2002 until July 1, 2003, a privilege tax | 6 | | is imposed on
persons engaged in the business of conducting | 7 | | riverboat gambling operations,
other than licensed managers | 8 | | conducting riverboat gambling operations on behalf
of the | 9 | | State, based on the adjusted gross receipts received by a | 10 | | licensed
owner from gambling games authorized under this Act at | 11 | | the 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-3) Beginning July 1, 2003, a privilege tax is imposed on |
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| 1 | | persons engaged
in the business of conducting riverboat | 2 | | gambling operations, other than
licensed managers conducting | 3 | | riverboat gambling operations on behalf of the
State, based on | 4 | | the adjusted gross receipts received by a licensed owner from
| 5 | | gambling games authorized under this Act at the following | 6 | | rates:
| 7 | | 15% of annual adjusted gross receipts up to and | 8 | | including $25,000,000;
| 9 | | 27.5% of annual adjusted gross receipts in excess of | 10 | | $25,000,000 but not
exceeding $37,500,000;
| 11 | | 32.5% of annual adjusted gross receipts in excess of | 12 | | $37,500,000 but not
exceeding $50,000,000;
| 13 | | 37.5% of annual adjusted gross receipts in excess of | 14 | | $50,000,000 but not
exceeding $75,000,000;
| 15 | | 45% of annual adjusted gross receipts in excess of | 16 | | $75,000,000 but not
exceeding $100,000,000;
| 17 | | 50% of annual adjusted gross receipts in excess of | 18 | | $100,000,000 but not
exceeding $250,000,000;
| 19 | | 70% of annual adjusted gross receipts in excess of | 20 | | $250,000,000.
| 21 | | An amount equal to the amount of wagering taxes collected | 22 | | under this
subsection (a-3) that are in addition to the amount | 23 | | of wagering taxes that
would have been collected if the | 24 | | wagering tax rates under subsection (a-2)
were in effect shall | 25 | | be paid into the Common School Fund.
| 26 | | The privilege tax imposed under this subsection (a-3) shall |
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| 1 | | no longer be
imposed beginning on the earlier of (i) July 1, | 2 | | 2005; (ii) the first date
after June 20, 2003 that riverboat | 3 | | gambling operations are conducted
pursuant to a dormant | 4 | | license; or (iii) the first day that riverboat gambling
| 5 | | operations are conducted under the authority of an owners | 6 | | license that is in
addition to the 10 owners licenses initially | 7 | | authorized under this Act.
For the purposes of this subsection | 8 | | (a-3), the term "dormant license"
means an owners license that | 9 | | is authorized by this Act under which no
riverboat gambling | 10 | | operations are being conducted on June 20, 2003.
| 11 | | (a-4) Beginning on the first day on which the tax imposed | 12 | | under
subsection (a-3) is no longer imposed, a privilege tax is | 13 | | imposed on persons
engaged in the business of conducting | 14 | | riverboat gambling operations, other
than licensed managers | 15 | | conducting riverboat gambling operations on behalf of
the | 16 | | State, based on the adjusted gross receipts received by a | 17 | | licensed owner
from gambling games authorized under this Act at | 18 | | the following rates:
| 19 | | 15% of annual adjusted gross receipts up to and | 20 | | including $25,000,000;
| 21 | | 22.5% of annual adjusted gross receipts in excess of | 22 | | $25,000,000 but not
exceeding $50,000,000;
| 23 | | 27.5% of annual adjusted gross receipts in excess of | 24 | | $50,000,000 but not
exceeding $75,000,000;
| 25 | | 32.5% of annual adjusted gross receipts in excess of | 26 | | $75,000,000 but not
exceeding $100,000,000;
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| 1 | | 37.5% of annual adjusted gross receipts in excess of | 2 | | $100,000,000 but not
exceeding $150,000,000;
| 3 | | 45% of annual adjusted gross receipts in excess of | 4 | | $150,000,000 but not
exceeding $200,000,000;
| 5 | | 50% of annual adjusted gross receipts in excess of | 6 | | $200,000,000.
| 7 | | (a-8) Riverboat gambling operations conducted by a | 8 | | licensed manager on
behalf of the State are not subject to the | 9 | | tax imposed under this Section.
| 10 | | (a-10) The taxes imposed by this Section shall be paid by | 11 | | the licensed
owner to the Board not later than 5:00 o'clock | 12 | | p.m. of the day after the day
when the wagers were made.
| 13 | | (a-15) If the privilege tax imposed under subsection (a-3) | 14 | | is no longer imposed pursuant to item (i) of the last paragraph | 15 | | of subsection (a-3), then by June 15 of each year, each owners | 16 | | licensee, other than an owners licensee that admitted 1,000,000 | 17 | | persons or
fewer in calendar year 2004, must, in addition to | 18 | | the payment of all amounts otherwise due under this Section, | 19 | | pay to the Board a reconciliation payment in the amount, if | 20 | | any, by which the licensed owner's base amount exceeds the | 21 | | amount of net privilege tax paid by the licensed owner to the | 22 | | Board in the then current State fiscal year. A licensed owner's | 23 | | net privilege tax obligation due for the balance of the State | 24 | | fiscal year shall be reduced up to the total of the amount paid | 25 | | by the licensed owner in its June 15 reconciliation payment. | 26 | | The obligation imposed by this subsection (a-15) is binding on |
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| 1 | | any person, firm, corporation, or other entity that acquires an | 2 | | ownership interest in any such owners license. The obligation | 3 | | imposed under this subsection (a-15) terminates on the earliest | 4 | | of: (i) July 1, 2007, (ii) the first day after the effective | 5 | | date of this amendatory Act of the 94th General Assembly that | 6 | | riverboat gambling operations are conducted pursuant to a | 7 | | dormant license, (iii) the first day that riverboat gambling | 8 | | operations are conducted under the authority of an owners | 9 | | license that is in addition to the 10 owners licenses initially | 10 | | authorized under this Act, or (iv) the first day that a | 11 | | licensee under the Illinois Horse Racing Act of 1975 conducts | 12 | | gaming operations with slot machines or other electronic gaming | 13 | | devices. The Board must reduce the obligation imposed under | 14 | | this subsection (a-15) by an amount the Board deems reasonable | 15 | | for any of the following reasons: (A) an act or acts of God, | 16 | | (B) an act of bioterrorism or terrorism or a bioterrorism or | 17 | | terrorism threat that was investigated by a law enforcement | 18 | | agency, or (C) a condition beyond the control of the owners | 19 | | licensee that does not result from any act or omission by the | 20 | | owners licensee or any of its agents and that poses a hazardous | 21 | | threat to the health and safety of patrons. If an owners | 22 | | licensee pays an amount in excess of its liability under this | 23 | | Section, the Board shall apply the overpayment to future | 24 | | payments required under this Section. | 25 | | For purposes of this subsection (a-15): | 26 | | "Act of God" means an incident caused by the operation of |
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| 1 | | an extraordinary force that cannot be foreseen, that cannot be | 2 | | avoided by the exercise of due care, and for which no person | 3 | | can be held liable.
| 4 | | "Base amount" means the following: | 5 | | For a riverboat in Alton, $31,000,000.
| 6 | | For a riverboat in East Peoria, $43,000,000.
| 7 | | For the Empress riverboat in Joliet, $86,000,000.
| 8 | | For a riverboat in Metropolis, $45,000,000.
| 9 | | For the Harrah's riverboat in Joliet, $114,000,000.
| 10 | | For a riverboat in Aurora, $86,000,000.
| 11 | | For a riverboat in East St. Louis, $48,500,000.
| 12 | | For a riverboat in Elgin, $198,000,000.
| 13 | | "Dormant license" has the meaning ascribed to it in | 14 | | subsection (a-3).
| 15 | | "Net privilege tax" means all privilege taxes paid by a | 16 | | licensed owner to the Board under this Section, less all | 17 | | payments made from the State Gaming Fund pursuant to subsection | 18 | | (b) of this Section. | 19 | | The changes made to this subsection (a-15) by Public Act | 20 | | 94-839 are intended to restate and clarify the intent of Public | 21 | | Act 94-673 with respect to the amount of the payments required | 22 | | to be made under this subsection by an owners licensee to the | 23 | | Board.
| 24 | | (b) Until January 1, 1998, 25% of the tax revenue deposited | 25 | | in the State
Gaming Fund under this Section shall be paid, | 26 | | subject to appropriation by the
General Assembly, to the unit |
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| 1 | | of local government which is designated as the
home dock of the | 2 | | riverboat. Beginning January 1, 1998, from the tax revenue
| 3 | | deposited in the State Gaming Fund under this Section, an | 4 | | amount equal to 5% of
adjusted gross receipts generated by a | 5 | | riverboat shall be paid monthly, subject
to appropriation by | 6 | | the General Assembly, to the unit of local government that
is | 7 | | designated as the home dock of the riverboat. From the tax | 8 | | revenue
deposited in the State Gaming Fund pursuant to | 9 | | riverboat gambling operations
conducted by a licensed manager | 10 | | on behalf of the State, an amount equal to 5%
of adjusted gross | 11 | | receipts generated pursuant to those riverboat gambling
| 12 | | operations shall be paid monthly,
subject to appropriation by | 13 | | the General Assembly, to the unit of local
government that is | 14 | | designated as the home dock of the riverboat upon which
those | 15 | | riverboat gambling operations are conducted.
| 16 | | (c) Appropriations, as approved by the General Assembly, | 17 | | may be made
from the State Gaming Fund to the Board (i) for the | 18 | | administration and enforcement of this Act and the Video Gaming | 19 | | Act, (ii) for distribution to the Department of State Police | 20 | | and to the Department of Revenue for the enforcement of this | 21 | | Act, and (iii) to the
Department of Human Services for the | 22 | | administration of programs to treat
problem gambling.
| 23 | | (c-5) Before May 26, 2006 (the effective date of Public Act | 24 | | 94-804) and beginning on the effective date of this amendatory | 25 | | Act of the 95th General Assembly, unless any organization | 26 | | licensee under the Illinois Horse Racing Act of 1975 begins to |
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| 1 | | operate a slot machine or video game of chance under the | 2 | | Illinois Horse Racing Act of 1975 or this Act, after the | 3 | | payments required under subsections (b) and (c) have been
made, | 4 | | an amount equal to 15% of the adjusted gross receipts of (1) an | 5 | | owners
licensee that relocates pursuant to Section 11.2,
(2) an | 6 | | owners licensee
conducting riverboat gambling operations
| 7 | | pursuant to an
owners license that is initially issued after | 8 | | June
25, 1999,
or (3) the first
riverboat gambling operations | 9 | | conducted by a licensed manager on behalf of the
State under | 10 | | Section 7.3,
whichever comes first, shall be paid from the | 11 | | State
Gaming Fund into the Horse Racing Equity Fund.
| 12 | | (c-10) Each year the General Assembly shall appropriate | 13 | | from the General
Revenue Fund to the Education Assistance Fund | 14 | | an amount equal to the amount
paid into the Horse Racing Equity | 15 | | Fund pursuant to subsection (c-5) in the
prior calendar year.
| 16 | | (c-15) After the payments required under subsections (b), | 17 | | (c), and (c-5)
have been made, an amount equal to 2% of the | 18 | | adjusted gross receipts of (1)
an owners licensee that | 19 | | relocates pursuant to Section 11.2, (2) an owners
licensee | 20 | | conducting riverboat gambling operations pursuant to
an
owners | 21 | | license that is initially issued after June 25, 1999,
or (3) | 22 | | the first
riverboat gambling operations conducted by a licensed | 23 | | manager on behalf of the
State under Section 7.3,
whichever | 24 | | comes first, shall be paid, subject to appropriation
from the | 25 | | General Assembly, from the State Gaming Fund to each home rule
| 26 | | county with a population of over 3,000,000 inhabitants for the |
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| 1 | | purpose of
enhancing the county's criminal justice system.
| 2 | | (c-20) Each year the General Assembly shall appropriate | 3 | | from the General
Revenue Fund to the Education Assistance Fund | 4 | | an amount equal to the amount
paid to each home rule county | 5 | | with a population of over 3,000,000 inhabitants
pursuant to | 6 | | subsection (c-15) in the prior calendar year.
| 7 | | (c-25) After the payments required under subsections (b), | 8 | | (c), (c-5) and
(c-15) have been made, an amount equal to 2% of | 9 | | the
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,
whichever
| 15 | | comes first,
shall be paid from the State
Gaming Fund to | 16 | | Chicago State University.
| 17 | | (c-30) After the payments required under subsections (b), | 18 | | (c), (c-5),
(c-15), and (c-25) have been made, $20,000,000 | 19 | | shall be transferred annually from the State
Gaming Fund into | 20 | | the African American Community Economic Development Fund. | 21 | | (d) From time to time, the
Board shall transfer the | 22 | | remainder of the funds
generated by this Act into the Education
| 23 | | Assistance Fund, created by Public Act 86-0018, of the State of | 24 | | Illinois.
| 25 | | (e) Nothing in this Act shall prohibit the unit of local | 26 | | government
designated as the home dock of the riverboat from |
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| 1 | | entering into agreements
with other units of local government | 2 | | in this State or in other states to
share its portion of the | 3 | | tax revenue.
| 4 | | (f) To the extent practicable, the Board shall administer | 5 | | and collect the
wagering taxes imposed by this Section in a | 6 | | manner consistent with the
provisions of Sections 4, 5, 5a, 5b, | 7 | | 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
6c, 8, 9, and 10 of the | 8 | | Retailers' Occupation Tax Act and Section 3-7 of the
Uniform | 9 | | Penalty and Interest Act.
| 10 | | (Source: P.A. 95-331, eff. 8-21-07; 95-1008, eff. 12-15-08; | 11 | | 96-37, eff. 7-13-09; 96-1392, eff. 1-1-11.)".
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