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91_SB1519 LRB9112158LDdv 1 AN ACT in relation to rivers. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 River Beautiful Act. 6 Section 5. Definitions. When used in this Act: 7 "Department" means the Department of Energy and Natural 8 Resources. 9 Section 10. Administration of program. The Department 10 is designated as the agency to administer the River Beautiful 11 Program created for the purpose of monitoring and maintaining 12 the rivers of Illinois. 13 Section 15. Programs. The Department shall collect data 14 and monitor the condition of the rivers of Illinois and make 15 determinations as to how to best preserve and protect them. 16 Programs addressing siltation, litter control, pollution and 17 dredging shall be initiated for qualifying rivers pursuant to 18 rules promulgated by the Department. 19 Section 20. Contracts; expenditures. The Department may 20 enter into contracts and expend moneys from the River 21 Beautiful Fund, subject to appropriations made by the General 22 Assembly, for the purpose of dredging and maintaining 23 Illinois rivers, including siltation activities and litter 24 and pollution controls for the other purposes authorized by 25 this Act. 26 Section 25. Assistance from other agencies. The 27 Department of Transportation, the Environmental Protection -2- LRB9112158LDdv 1 Agency, and units of local government shall assist and 2 cooperate with the Department upon request. 3 Section 30. Rules. The Department shall establish rules 4 and regulations regarding implementation and administration 5 of this Act. 6 Section 35. River Beautiful Fund. There is hereby 7 created the River Beautiful Fund, which is created as a 8 special fund in the State Treasury. The River Beautiful Fund 9 shall consist of moneys paid into it pursuant to Section 13 10 of the Riverboat Gambling Act. Moneys in the Fund may be 11 expended by the Department pursuant to Section 20. 12 Section 90. The Riverboat Gambling Act is amended by 13 changing Section 13 as follows: 14 (230 ILCS 10/13) (from Ch. 120, par. 2413) 15 Sec. 13. Wagering tax; rate; distribution. 16 (a) Until January 1, 1998, a tax is imposed on the 17 adjusted gross receipts received from gambling games 18 authorized under this Act at the rate of 20%. 19 Beginning January 1, 1998, a privilege tax is imposed on 20 persons engaged in the business of conducting riverboat 21 gambling operations, based on the adjusted gross receipts 22 received by a licensed owner from gambling games authorized 23 under this Act at the following rates: 24 15% of annual adjusted gross receipts up to and 25 including $25,000,000; 26 20% of annual adjusted gross receipts in excess of 27 $25,000,000 but not exceeding $50,000,000; 28 25% of annual adjusted gross receipts in excess of 29 $50,000,000 but not exceeding $75,000,000; 30 30% of annual adjusted gross receipts in excess of -3- LRB9112158LDdv 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 24 adjusted gross receipts of a riverboat (1) that relocates 25 pursuant to Section 11.2, or (2) for which an owners license 26 is initially issued after the effective date of this 27 amendatory Act of 1999, whichever comes first, shall be paid 28 from the State Gaming Fund into the Horse Racing Equity Fund. 29 (c-10) Each year the General Assembly shall appropriate 30 from the General Revenue Fund to the Education Assistance 31 Fund an amount equal to the amount paid into the Horse Racing 32 Equity Fund pursuant to subsection (c-5) in the prior 33 calendar year. 34 (c-15) After the payments required under subsections -4- LRB9112158LDdv 1 (b), (c), and (c-5) have been made, an amount equal to 2% of 2 the adjusted gross receipts of a riverboat (1) that relocates 3 pursuant to Section 11.2, or (2) for which an owners license 4 is initially issued after the effective date of this 5 amendatory Act of 1999, whichever comes first, shall be paid, 6 subject to appropriation from the General Assembly, from the 7 State Gaming Fund to each home rule county with a population 8 of over 3,000,000 inhabitants for the purpose of enhancing 9 the county's criminal justice system. 10 (c-20) Each year the General Assembly shall appropriate 11 from the General Revenue Fund to the Education Assistance 12 Fund an amount equal to the amount paid to each home rule 13 county with a population of over 3,000,000 inhabitants 14 pursuant to subsection (c-15) in the prior calendar year. 15 (c-25) After the payments required under subsections 16 (b), (c), (c-5) and (c-15) have been made, an amount equal to 17 2% of the adjusted gross receipts of a riverboat (1) that 18 relocates pursuant to Section 11.2, or (2) for which an 19 owners license is initially issued after the effective date 20 of this amendatory Act of 1999, whichever comes first, shall 21 be paid from the State Gaming Fund into the State 22 Universities Athletic Capital Improvement Fund. 23 (d) From time to time, the Board shall distribute 24
transferthe remainder of the funds generated by this Act as 25 follows: 26 (1) 50% shall be transferred into the Education 27 Assistance Fund, created by Public Act 86-0018, of the State 28 of Illinois; and 29 (2) 50% shall be transferred to the River Beautiful Fund 30 of the State of Illinois. 31 (e) Nothing in this Act shall prohibit the unit of local 32 government designated as the home dock of the riverboat from 33 entering into agreements with other units of local government 34 in this State or in other states to share its portion of the -5- LRB9112158LDdv 1 tax revenue. 2 (f) To the extent practicable, the Board shall 3 administer and collect the wagering taxes imposed by this 4 Section in a manner consistent with the provisions of 5 Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6 6c, 8, 9, and 10 of the Retailers' Occupation Tax Act and 7 Section 3-7 of the Uniform Penalty and Interest Act. 8 (Source: P.A. 90-548, eff. 12-4-97; 91-40, eff. 6-25-99.) 9 Section 95. The State Finance Act is amended by adding 10 Section 5.541 as follows: 11 (30 ILCS 105/5.541 new) 12 Sec. 5.541. The River Beautiful Fund. 13 Section 99. Effective date. This Act takes effect upon 14 becoming law.
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