Illinois General Assembly - Full Text of SB0337
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Full Text of SB0337  93rd General Assembly

SB0337 93rd General Assembly


093_SB0337

 
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 1        AN ACT concerning local government.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  State  Finance Act is amended by adding
 5    Section 5.595 as follows:

 6        (30 ILCS 105/5.595 new)
 7        Sec. 5.595. The Special Recreation Services Fund.

 8        Section 10.  The Riverboat Gambling  Act  is  amended  by
 9    changing Section 13 as follows:

10        (230 ILCS 10/13) (from Ch. 120, par. 2413)
11        Sec. 13.  Wagering tax; rate; distribution.
12        (a)  Until  January  1,  1998,  a  tax  is imposed on the
13    adjusted  gross  receipts  received   from   gambling   games
14    authorized under this Act at the rate of 20%.
15        From  January 1, 1998 until July 1, 2002, a privilege tax
16    is imposed on persons engaged in the business  of  conducting
17    riverboat  gambling  operations,  based on the adjusted gross
18    receipts received by a licensed  owner  from  gambling  games
19    authorized under this Act at the following rates:
20             15%  of  annual  adjusted  gross  receipts up to and
21        including $25,000,000;
22             20% of annual adjusted gross receipts in  excess  of
23        $25,000,000 but not exceeding $50,000,000;
24             25%  of  annual adjusted gross receipts in excess of
25        $50,000,000 but not exceeding $75,000,000;
26             30% of annual adjusted gross receipts in  excess  of
27        $75,000,000 but not exceeding $100,000,000;
28             35%  of  annual adjusted gross receipts in excess of
29        $100,000,000.
 
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 1        Beginning July 1, 2002, a privilege  tax  is  imposed  on
 2    persons  engaged  in  the  business  of  conducting riverboat
 3    gambling operations, based on  the  adjusted  gross  receipts
 4    received  by  a licensed owner from gambling games authorized
 5    under this Act at the following rates:
 6             15% of annual adjusted  gross  receipts  up  to  and
 7        including $25,000,000;
 8             22.5% of annual adjusted gross receipts in excess of
 9        $25,000,000 but not exceeding $50,000,000;
10             27.5% of annual adjusted gross receipts in excess of
11        $50,000,000 but not exceeding $75,000,000;
12             32.5% of annual adjusted gross receipts in excess of
13        $75,000,000 but not exceeding $100,000,000;
14             37.5% of annual adjusted gross receipts in excess of
15        $100,000,000 but not exceeding $150,000,000;
16             45%  of  annual adjusted gross receipts in excess of
17        $150,000,000 but not exceeding $200,000,000;
18             50% of annual adjusted gross receipts in  excess  of
19        $200,000,000.
20        The  taxes  imposed  by this Section shall be paid by the
21    licensed owner to the Board not later than 3:00 o'clock  p.m.
22    of the day after the day when the wagers were made.
23        (b)  Until  January  1,  1998,  25%  of  the  tax revenue
24    deposited in the State Gaming Fund under this  Section  shall
25    be paid, subject to appropriation by the General Assembly, to
26    the  unit of local government which is designated as the home
27    dock of the riverboat.  Beginning January 1, 1998,  from  the
28    tax  revenue  deposited  in  the State Gaming Fund under this
29    Section, an amount equal to 5%  of  adjusted  gross  receipts
30    generated  by  a  riverboat shall be paid monthly, subject to
31    appropriation by the General Assembly, to the unit  of  local
32    government  that  is  designated  as  the  home  dock  of the
33    riverboat.
34        (c)  Appropriations, as approved by the General Assembly,
 
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 1    may be made from the State Gaming Fund to the  Department  of
 2    Revenue   and   the   Department  of  State  Police  for  the
 3    administration and enforcement of this Act.
 4        (c-5)  After the payments required under subsections  (b)
 5    and  (c)  have  been  made,  an  amount  equal  to 15% of the
 6    adjusted gross receipts of a  riverboat  (1)  that  relocates
 7    pursuant  to Section 11.2, or (2) for which an owners license
 8    is  initially  issued  after  the  effective  date  of   this
 9    amendatory  Act of 1999, whichever comes first, shall be paid
10    from the State Gaming Fund into the Horse Racing Equity Fund.
11        (c-10)  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 into the Horse Racing
14    Equity  Fund  pursuant  to  subsection  (c-5)  in  the  prior
15    calendar year.
16        (c-15)  After the  payments  required  under  subsections
17    (b),  (c), and (c-5) have been made, an amount equal to 2% of
18    the adjusted gross receipts of a riverboat (1) that relocates
19    pursuant to Section 11.2, or (2) for which an owners  license
20    is   initially  issued  after  the  effective  date  of  this
21    amendatory Act of 1999, whichever comes first, shall be paid,
22    subject to appropriation from the General Assembly, from  the
23    State  Gaming Fund to each home rule county with a population
24    of over 3,000,000 inhabitants for the  purpose  of  enhancing
25    the county's criminal justice system.
26        (c-20)  Each  year the General Assembly shall appropriate
27    from the General Revenue Fund  to  the  Education  Assistance
28    Fund  an  amount  equal  to the amount paid to each home rule
29    county  with  a  population  of  over  3,000,000  inhabitants
30    pursuant to subsection (c-15) in the prior calendar year.
31        (c-25)  After the  payments  required  under  subsections
32    (b), (c), (c-5) and (c-15) have been made, an amount equal to
33    2%  of  the  adjusted  gross receipts of a riverboat (1) that
34    relocates pursuant to Section  11.2,  or  (2)  for  which  an
 
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 1    owners  license  is initially issued after the effective date
 2    of this amendatory Act of 1999, whichever comes first,  shall
 3    be   paid   from   the  State  Gaming  Fund  into  the  State
 4    Universities Athletic Capital Improvement Fund.
 5        (c-30)  After the  payments  required  under  subsections
 6    (b), (c), (c-5), (c-15), and (c-25) have been made, an amount
 7    equal to 3% of the adjusted gross receipts deposited into the
 8    State  Gaming  Fund  shall  be  transferred  monthly into the
 9    Special Recreation Services Fund, a special fund in the State
10    treasury that  is  hereby  created.  Moneys  in  the  Special
11    Recreation  Services Fund shall be used for grants to special
12    recreation associations. As used in  this  Section,  "special
13    recreation   association"  means  an  association  formed  to
14    provide recreational programs for the handicapped as a result
15    of a joint agreement entered into under Section 8-10b of  the
16    Park  District  Code  or  Section  11-95-14  of  the Illinois
17    Municipal Code.
18        On or before February 1,  2004  and  on  or  before  each
19    February 1 thereafter, to be eligible to receive a grant from
20    the  Special Recreation Services Fund in the following fiscal
21    year, a  special  recreation  association  must  certify  the
22    following to the Department of Revenue:
23             (1)  A  copy  of the joint agreement entered into to
24        create the special recreation association.
25             (2)  The population of the  geographical  area  that
26        comprises  the area represented by the special recreation
27        association.
28        On or before April 1, 2004 and on or before each April  1
29    thereafter,  the  Department  of Revenue shall certify to the
30    Governor and to the Speaker of the House  of  Representatives
31    and  the  President  of the Senate the unencumbered amount in
32    the Special Recreation Services Fund. Each year  the  General
33    Assembly   shall  appropriate  from  the  Special  Recreation
34    Services Fund to the Department  of  Revenue  for  grants  to
 
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 1    special  recreation  associations  the unencumbered amount in
 2    the Special Recreation Services  Fund  as  certified  by  the
 3    Department of Revenue.
 4        On or before August 1, 2004, and on or before each August
 5    1  thereafter, the Department of Revenue shall make grants to
 6    special recreation associations  that  certified  eligibility
 7    for that fiscal year. The grants shall be made in rounds.
 8        In  the  first round, each special recreation association
 9    that certified eligibility for that fiscal year shall receive
10    a grant in the same proportion of  the  entire  grant  moneys
11    available  as  the  population  of  the  geographic area that
12    comprises the area  represented  by  the  special  recreation
13    association  is to the population of the geographic area that
14    comprises  the  areas  represented  by  all  of  the  special
15    recreation associations that certified their eligibility  for
16    the  grants  for  that  fiscal  year.  In  the first round, a
17    special  recreation  association  whose  grant  amount  would
18    exceed 10% of the grant moneys available for that fiscal year
19    (the 10% cap) shall receive only the amount  that  represents
20    the 10% cap for that fiscal year.
21        In the second round, any moneys remaining available after
22    the first round shall be distributed to the remaining special
23    recreation  associations  that certified eligibility for that
24    fiscal year and have not reached their 10% cap. The amount of
25    the grant paid to a special  recreation  association  in  the
26    second round shall be in the same proportion of the remaining
27    grant   moneys   available  after  the  first  round  as  the
28    population of the geographic area  that  comprises  the  area
29    represented  by  the  special recreation association that has
30    not  reached  its  10%  cap  is  to  the  population  of  the
31    geographic area that comprises the areas represented  by  all
32    of  the special recreation associations that have not reached
33    their 10% cap and that have certified their  eligibility  for
34    the  grants  for  that  fiscal  year.  A  special  recreation
 
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 1    association  whose  grant amount would exceed the 10% cap for
 2    that  fiscal  year  shall  receive  only  the   amount   that
 3    represents the 10% cap.
 4        Any moneys remaining undistributed after the second round
 5    shall be transferred to the General Revenue Fund.
 6        (d)  From  time  to  time,  the  Board shall transfer the
 7    remainder of  the  funds  generated  by  this  Act  into  the
 8    Education  Assistance Fund, created by Public Act 86-0018, of
 9    the State of Illinois.
10        (e)  Nothing in this Act shall prohibit the unit of local
11    government designated as the home dock of the riverboat  from
12    entering into agreements with other units of local government
13    in  this State or in other states to share its portion of the
14    tax revenue.
15        (f)  To  the  extent   practicable,   the   Board   shall
16    administer  and  collect  the  wagering taxes imposed by this
17    Section  in  a  manner  consistent  with  the  provisions  of
18    Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
19    6c, 8, 9, and 10 of the Retailers'  Occupation  Tax  Act  and
20    Section 3-7 of the Uniform Penalty and Interest Act.
21    (Source: P.A. 91-40, eff. 6-25-99; 92-595, eff. 6-28-02.)

22        Section  99.  Effective date.  This Act takes effect upon
23    becoming law.