Full Text of HB0275 98th General Assembly
HB0275ham002 98TH GENERAL ASSEMBLY | Rep. Elizabeth Hernandez Filed: 4/12/2013
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| 1 | | AMENDMENT TO HOUSE BILL 275
| 2 | | AMENDMENT NO. ______. Amend House Bill 275 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 Council on the Future of Economic | 9 | | Development of the Latino
Community. | 10 | | (a) There is hereby created the Council on the Future of | 11 | | Economic Development of the
Latino Community within the | 12 | | Department. The Council shall be administered by the Department | 13 | | in partnership with the Illinois Latino Family Commission. The | 14 | | purpose of the Council shall be to maintain and
develop the | 15 | | economy of Latinos and to provide opportunities for this | 16 | | community that will enhance
and expand the quality of their |
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| 1 | | lives. | 2 | | The Council must concentrate its major efforts on strategic | 3 | | planning, policy research and analysis, advocacy, evaluation, | 4 | | and promoting coordination and collaboration. | 5 | | During each regular legislative session, the Council must | 6 | | consult with appropriate legislative committees about the | 7 | | State's economic development needs and opportunities in the | 8 | | Latino community. | 9 | | By October 1st of each even-numbered year, the Council must | 10 | | submit to the Governor and General Assembly a biennial | 11 | | comprehensive statewide economic development strategy for the | 12 | | Latino community with a report on progress from the previous | 13 | | comprehensive strategy. | 14 | | The comprehensive statewide economic development strategy | 15 | | may include: | 16 | | (1) an assessment of the Latino community's economic | 17 | | vitality; | 18 | | (2) recommended goals, objectives, and priorities for | 19 | | the next biennium and the future; | 20 | | (3) a common set of outcomes and benchmarks for the | 21 | | economic development system as a whole for the Latino | 22 | | community; | 23 | | (4) recommendations for removing barriers for Latinos | 24 | | in employment; | 25 | | (5) an inventory of existing relevant programs | 26 | | compiled by the Council from materials submitted by |
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| 1 | | agencies; | 2 | | (6) recommendations for expanding, discontinuing, or | 3 | | redirecting existing programs or adding new programs to | 4 | | better serve the Latino community; and | 5 | | (7) recommendations of best practices and public and | 6 | | private sector roles in implementing the comprehensive | 7 | | statewide economic development strategy. | 8 | | In developing the biennial statewide economic development | 9 | | strategy, plans, inventories, assessments, and policy | 10 | | research, the Council must consult, collaborate, and | 11 | | coordinate with relevant State agencies, private sector | 12 | | businesses, nonprofit organizations involved in economic | 13 | | development, trade associations, associate development | 14 | | organizations, and relevant local organizations in order to | 15 | | avoid duplication of effort. | 16 | | State agencies must cooperate with the Council and provide | 17 | | information as the Council may reasonably request. | 18 | | The Council shall review and make budget recommendations to | 19 | | the Governor's Office of Management and Budget and the General | 20 | | Assembly in areas relating to the economic development in the | 21 | | State's Latino community. | 22 | | The Council must evaluate its own performance on a regular | 23 | | basis. | 24 | | The Council may accept gifts, grants, donations, | 25 | | sponsorships, or contributions from any federal, State, or | 26 | | local governmental agency or program or any private source and |
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| 1 | | expend the same for any purpose consistent with this Act. | 2 | | (b) The Council shall consist of 12 voting members. The | 3 | | Governor shall appoint 4 members. The Speaker of the House, the | 4 | | President of the Senate, and the Minority Leaders of the | 5 | | General Assembly shall each appoint 2 members. The
chairperson | 6 | | of the Council shall be one of the appointed members and shall | 7 | | be chosen by the
Council. The members of the Council shall be | 8 | | representative, to the extent possible, of the
various | 9 | | geographic areas of the State. The Director of the Department | 10 | | and the Director of the Commission shall serve as ex officio | 11 | | nonvoting members of the
Council. In appointing the members, | 12 | | the individuals should represent the following
private | 13 | | industry sectors: | 14 | | (1) production agriculture; | 15 | | (2) transportation, construction and logistics; | 16 | | (3) travel and tourism; | 17 | | (4) financial services and insurance; | 18 | | (5) information technology and communications; and | 19 | | (6) biotechnology. | 20 | | In addition, the Governor shall appoint at least 2 individuals | 21 | | representing manufacturing, one such individual shall | 22 | | represent a
company with no more than 75 employees. | 23 | | Members appointed shall serve for not more than 2 | 24 | | consecutive 3-year terms, except that, of the initial | 25 | | appointees of the Council, the terms of 4 members shall expire | 26 | | on October 1, 2014, the terms of 4 shall expire on October 1, |
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| 1 | | 2015, and the terms of 4 members shall expire on October 1, | 2 | | 2016. Thereafter, all terms are for 3 years. Vacancies must be | 3 | | filled in the same manner as the original appointments. The | 4 | | members of the Council shall serve without compensation. | 5 | | (c) The Council shall meet at least 4 times a year, with at | 6 | | least one meeting each calendar
quarter, at the call of the | 7 | | Director or 4 voting members of the Council. The staff and | 8 | | support for the
Council shall be provided by the Department in | 9 | | collaboration with the Commission. | 10 | | (d) The Council and Department are encouraged to involve | 11 | | other essential groups in the
work of the Council, including, | 12 | | but not limited to, (1) public universities, (2) community
| 13 | | colleges, (3) other educational institutions, and (4) the | 14 | | Illinois Department of Labor. | 15 | | (e) The Council shall make recommendations, which must be | 16 | | approved by a majority of the
Council, to the Department | 17 | | concerning the award of grants from amounts appropriated to the
| 18 | | Department from the Latino Community Economic Development | 19 | | Fund, a special fund created in the State
treasury. The | 20 | | Department must make grants to public or private entities | 21 | | submitting proposals to
the Council to assist in the economic | 22 | | development of the Latino community. Grants
may be used by | 23 | | these entities only for those purposes specified in the grant. | 24 | | The Council shall
coordinate with the Department to develop | 25 | | grant criteria. | 26 | | (f) For purposes of this Section: "educational |
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| 1 | | institutions" means nonprofit public and private colleges,
| 2 | | community colleges, State colleges, and universities in the | 3 | | State; and "Commission" means the Illinois Latino Family | 4 | | Commission.
| 5 | | Section 10. The State Finance Act is amended by adding | 6 | | Section 5.826 as follows: | 7 | | (30 ILCS 105/5.826 new) | 8 | | Sec. 5.826. The Latino Community Economic Development | 9 | | Fund. | 10 | | Section 15. The Riverboat Gambling Act is amended by | 11 | | changing Section 13 as follows:
| 12 | | (230 ILCS 10/13) (from Ch. 120, par. 2413)
| 13 | | Sec. 13. Wagering tax; rate; distribution.
| 14 | | (a) Until January 1, 1998, a tax is imposed on the adjusted | 15 | | gross
receipts received from gambling games authorized under | 16 | | this Act at the rate of
20%.
| 17 | | (a-1) From January 1, 1998 until July 1, 2002, a privilege | 18 | | tax is
imposed on persons engaged in the business of conducting | 19 | | riverboat gambling
operations, based on the adjusted gross | 20 | | receipts received by a licensed owner
from gambling games | 21 | | authorized under this Act at the following rates:
| 22 | | 15% of annual adjusted gross receipts up to and |
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| 1 | | including $25,000,000;
| 2 | | 20% of annual adjusted gross receipts in excess of | 3 | | $25,000,000 but not
exceeding $50,000,000;
| 4 | | 25% of annual adjusted gross receipts in excess of | 5 | | $50,000,000 but not
exceeding $75,000,000;
| 6 | | 30% of annual adjusted gross receipts in excess of | 7 | | $75,000,000 but not
exceeding $100,000,000;
| 8 | | 35% of annual adjusted gross receipts in excess of | 9 | | $100,000,000.
| 10 | | (a-2) From July 1, 2002 until July 1, 2003, a privilege tax | 11 | | is imposed on
persons engaged in the business of conducting | 12 | | riverboat gambling operations,
other than licensed managers | 13 | | conducting riverboat gambling operations on behalf
of the | 14 | | State, based on the adjusted gross receipts received by a | 15 | | licensed
owner from gambling games authorized under this Act at | 16 | | the following rates:
| 17 | | 15% of annual adjusted gross receipts up to and | 18 | | including $25,000,000;
| 19 | | 22.5% of annual adjusted gross receipts in excess of | 20 | | $25,000,000 but not
exceeding $50,000,000;
| 21 | | 27.5% of annual adjusted gross receipts in excess of | 22 | | $50,000,000 but not
exceeding $75,000,000;
| 23 | | 32.5% of annual adjusted gross receipts in excess of | 24 | | $75,000,000 but not
exceeding $100,000,000;
| 25 | | 37.5% of annual adjusted gross receipts in excess of | 26 | | $100,000,000 but not
exceeding $150,000,000;
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| 1 | | 45% of annual adjusted gross receipts in excess of | 2 | | $150,000,000 but not
exceeding $200,000,000;
| 3 | | 50% of annual adjusted gross receipts in excess of | 4 | | $200,000,000.
| 5 | | (a-3) Beginning July 1, 2003, a privilege tax is imposed on | 6 | | persons engaged
in the business of conducting riverboat | 7 | | gambling operations, other than
licensed managers conducting | 8 | | riverboat gambling operations on behalf of the
State, based on | 9 | | the adjusted gross receipts received by a licensed owner from
| 10 | | gambling games authorized under this Act at the following | 11 | | rates:
| 12 | | 15% of annual adjusted gross receipts up to and | 13 | | including $25,000,000;
| 14 | | 27.5% of annual adjusted gross receipts in excess of | 15 | | $25,000,000 but not
exceeding $37,500,000;
| 16 | | 32.5% of annual adjusted gross receipts in excess of | 17 | | $37,500,000 but not
exceeding $50,000,000;
| 18 | | 37.5% of annual adjusted gross receipts in excess of | 19 | | $50,000,000 but not
exceeding $75,000,000;
| 20 | | 45% of annual adjusted gross receipts in excess of | 21 | | $75,000,000 but not
exceeding $100,000,000;
| 22 | | 50% of annual adjusted gross receipts in excess of | 23 | | $100,000,000 but not
exceeding $250,000,000;
| 24 | | 70% of annual adjusted gross receipts in excess of | 25 | | $250,000,000.
| 26 | | An amount equal to the amount of wagering taxes collected |
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| 1 | | under this
subsection (a-3) that are in addition to the amount | 2 | | of wagering taxes that
would have been collected if the | 3 | | wagering tax rates under subsection (a-2)
were in effect shall | 4 | | be paid into the Common School Fund.
| 5 | | The privilege tax imposed under this subsection (a-3) shall | 6 | | no longer be
imposed beginning on the earlier of (i) July 1, | 7 | | 2005; (ii) the first date
after June 20, 2003 that riverboat | 8 | | gambling operations are conducted
pursuant to a dormant | 9 | | license; or (iii) the first day that riverboat gambling
| 10 | | operations are conducted under the authority of an owners | 11 | | license that is in
addition to the 10 owners licenses initially | 12 | | authorized under this Act.
For the purposes of this subsection | 13 | | (a-3), the term "dormant license"
means an owners license that | 14 | | is authorized by this Act under which no
riverboat gambling | 15 | | operations are being conducted on June 20, 2003.
| 16 | | (a-4) Beginning on the first day on which the tax imposed | 17 | | under
subsection (a-3) is no longer imposed, a privilege tax is | 18 | | imposed on persons
engaged in the business of conducting | 19 | | riverboat gambling operations, other
than licensed managers | 20 | | conducting riverboat gambling operations on behalf of
the | 21 | | State, based on the adjusted gross receipts received by a | 22 | | licensed owner
from gambling games authorized under this Act at | 23 | | the following rates:
| 24 | | 15% of annual adjusted gross receipts up to and | 25 | | including $25,000,000;
| 26 | | 22.5% of annual adjusted gross receipts in excess of |
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| 1 | | $25,000,000 but not
exceeding $50,000,000;
| 2 | | 27.5% of annual adjusted gross receipts in excess of | 3 | | $50,000,000 but not
exceeding $75,000,000;
| 4 | | 32.5% of annual adjusted gross receipts in excess of | 5 | | $75,000,000 but not
exceeding $100,000,000;
| 6 | | 37.5% of annual adjusted gross receipts in excess of | 7 | | $100,000,000 but not
exceeding $150,000,000;
| 8 | | 45% of annual adjusted gross receipts in excess of | 9 | | $150,000,000 but not
exceeding $200,000,000;
| 10 | | 50% of annual adjusted gross receipts in excess of | 11 | | $200,000,000.
| 12 | | (a-8) Riverboat gambling operations conducted by a | 13 | | licensed manager on
behalf of the State are not subject to the | 14 | | tax imposed under this Section.
| 15 | | (a-10) The taxes imposed by this Section shall be paid by | 16 | | the licensed
owner to the Board not later than 5:00 o'clock | 17 | | p.m. of the day after the day
when the wagers were made.
| 18 | | (a-15) If the privilege tax imposed under subsection (a-3) | 19 | | is no longer imposed pursuant to item (i) of the last paragraph | 20 | | of subsection (a-3), then by June 15 of each year, each owners | 21 | | licensee, other than an owners licensee that admitted 1,000,000 | 22 | | persons or
fewer in calendar year 2004, must, in addition to | 23 | | the payment of all amounts otherwise due under this Section, | 24 | | pay to the Board a reconciliation payment in the amount, if | 25 | | any, by which the licensed owner's base amount exceeds the | 26 | | amount of net privilege tax paid by the licensed owner to the |
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| 1 | | Board in the then current State fiscal year. A licensed owner's | 2 | | net privilege tax obligation due for the balance of the State | 3 | | fiscal year shall be reduced up to the total of the amount paid | 4 | | by the licensed owner in its June 15 reconciliation payment. | 5 | | The obligation imposed by this subsection (a-15) is binding on | 6 | | any person, firm, corporation, or other entity that acquires an | 7 | | ownership interest in any such owners license. The obligation | 8 | | imposed under this subsection (a-15) terminates on the earliest | 9 | | of: (i) July 1, 2007, (ii) the first day after the effective | 10 | | date of this amendatory Act of the 94th General Assembly that | 11 | | riverboat gambling operations are conducted pursuant to a | 12 | | dormant license, (iii) the first day that riverboat gambling | 13 | | operations are conducted under the authority of an owners | 14 | | license that is in addition to the 10 owners licenses initially | 15 | | authorized under this Act, or (iv) the first day that a | 16 | | licensee under the Illinois Horse Racing Act of 1975 conducts | 17 | | gaming operations with slot machines or other electronic gaming | 18 | | devices. The Board must reduce the obligation imposed under | 19 | | this subsection (a-15) by an amount the Board deems reasonable | 20 | | for any of the following reasons: (A) an act or acts of God, | 21 | | (B) an act of bioterrorism or terrorism or a bioterrorism or | 22 | | terrorism threat that was investigated by a law enforcement | 23 | | agency, or (C) a condition beyond the control of the owners | 24 | | licensee that does not result from any act or omission by the | 25 | | owners licensee or any of its agents and that poses a hazardous | 26 | | threat to the health and safety of patrons. If an owners |
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| 1 | | licensee pays an amount in excess of its liability under this | 2 | | Section, the Board shall apply the overpayment to future | 3 | | payments required under this Section. | 4 | | For purposes of this subsection (a-15): | 5 | | "Act of God" means an incident caused by the operation of | 6 | | an extraordinary force that cannot be foreseen, that cannot be | 7 | | avoided by the exercise of due care, and for which no person | 8 | | can be held liable.
| 9 | | "Base amount" means the following: | 10 | | For a riverboat in Alton, $31,000,000.
| 11 | | For a riverboat in East Peoria, $43,000,000.
| 12 | | For the Empress riverboat in Joliet, $86,000,000.
| 13 | | For a riverboat in Metropolis, $45,000,000.
| 14 | | For the Harrah's riverboat in Joliet, $114,000,000.
| 15 | | For a riverboat in Aurora, $86,000,000.
| 16 | | For a riverboat in East St. Louis, $48,500,000.
| 17 | | For a riverboat in Elgin, $198,000,000.
| 18 | | "Dormant license" has the meaning ascribed to it in | 19 | | subsection (a-3).
| 20 | | "Net privilege tax" means all privilege taxes paid by a | 21 | | licensed owner to the Board under this Section, less all | 22 | | payments made from the State Gaming Fund pursuant to subsection | 23 | | (b) of this Section. | 24 | | The changes made to this subsection (a-15) by Public Act | 25 | | 94-839 are intended to restate and clarify the intent of Public | 26 | | Act 94-673 with respect to the amount of the payments required |
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| 1 | | to be made under this subsection by an owners licensee to the | 2 | | Board.
| 3 | | (b) Until January 1, 1998, 25% of the tax revenue deposited | 4 | | in the State
Gaming Fund under this Section shall be paid, | 5 | | subject to appropriation by the
General Assembly, to the unit | 6 | | of local government which is designated as the
home dock of the | 7 | | riverboat. Beginning January 1, 1998, from the tax revenue
| 8 | | deposited in the State Gaming Fund under this Section, an | 9 | | amount equal to 5% of
adjusted gross receipts generated by a | 10 | | riverboat shall be paid monthly, subject
to appropriation by | 11 | | the General Assembly, to the unit of local government that
is | 12 | | designated as the home dock of the riverboat. From the tax | 13 | | revenue
deposited in the State Gaming Fund pursuant to | 14 | | riverboat gambling operations
conducted by a licensed manager | 15 | | on behalf of the State, an amount equal to 5%
of adjusted gross | 16 | | receipts generated pursuant to those riverboat gambling
| 17 | | operations shall be paid monthly,
subject to appropriation by | 18 | | the General Assembly, to the unit of local
government that is | 19 | | designated as the home dock of the riverboat upon which
those | 20 | | riverboat gambling operations are conducted.
| 21 | | (c) Appropriations, as approved by the General Assembly, | 22 | | may be made
from the State Gaming Fund to the Board (i) for the | 23 | | administration and enforcement of this Act and the Video Gaming | 24 | | Act, (ii) for distribution to the Department of State Police | 25 | | and to the Department of Revenue for the enforcement of this | 26 | | Act, and (iii) to the
Department of Human Services for the |
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| 1 | | administration of programs to treat
problem gambling.
| 2 | | (c-5) Before May 26, 2006 (the effective date of Public Act | 3 | | 94-804) and beginning on the effective date of this amendatory | 4 | | Act of the 95th General Assembly, unless any organization | 5 | | licensee under the Illinois Horse Racing Act of 1975 begins to | 6 | | operate a slot machine or video game of chance under the | 7 | | Illinois Horse Racing Act of 1975 or this Act, after the | 8 | | payments required under subsections (b) and (c) have been
made, | 9 | | an amount equal to 15% of the adjusted gross receipts of (1) an | 10 | | owners
licensee that relocates pursuant to Section 11.2,
(2) an | 11 | | owners licensee
conducting riverboat gambling operations
| 12 | | pursuant to an
owners license that is initially issued after | 13 | | June
25, 1999,
or (3) the first
riverboat gambling operations | 14 | | conducted by a licensed manager on behalf of the
State under | 15 | | Section 7.3,
whichever comes first, shall be paid from the | 16 | | State
Gaming Fund into the Horse Racing Equity Fund.
| 17 | | (c-10) Each year the General Assembly shall appropriate | 18 | | from the General
Revenue Fund to the Education Assistance Fund | 19 | | an amount equal to the amount
paid into the Horse Racing Equity | 20 | | Fund pursuant to subsection (c-5) in the
prior calendar year.
| 21 | | (c-15) After the payments required under subsections (b), | 22 | | (c), and (c-5)
have been made, an amount equal to 2% of the | 23 | | adjusted gross receipts of (1)
an owners licensee that | 24 | | relocates pursuant to Section 11.2, (2) an owners
licensee | 25 | | conducting riverboat gambling operations pursuant to
an
owners | 26 | | license that is initially issued after June 25, 1999,
or (3) |
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| 1 | | the first
riverboat gambling operations conducted by a licensed | 2 | | manager on behalf of the
State under Section 7.3,
whichever | 3 | | comes first, shall be paid, subject to appropriation
from the | 4 | | General Assembly, from the State Gaming Fund to each home rule
| 5 | | county with a population of over 3,000,000 inhabitants for the | 6 | | purpose of
enhancing the county's criminal justice system.
| 7 | | (c-20) Each year the General Assembly shall appropriate | 8 | | from the General
Revenue Fund to the Education Assistance Fund | 9 | | an amount equal to the amount
paid to each home rule county | 10 | | with a population of over 3,000,000 inhabitants
pursuant to | 11 | | subsection (c-15) in the prior calendar year.
| 12 | | (c-25) After the payments required under subsections (b), | 13 | | (c), (c-5) and
(c-15) have been made, an amount equal to 2% of | 14 | | the
adjusted gross receipts of (1) an owners licensee
that
| 15 | | relocates pursuant to Section 11.2, (2) an
owners
licensee | 16 | | conducting riverboat gambling operations pursuant to
an
owners | 17 | | license
that is initially issued after June 25, 1999,
or (3) | 18 | | the first
riverboat gambling operations conducted by a licensed | 19 | | manager on behalf of the
State under Section 7.3,
whichever
| 20 | | comes first,
shall be paid from the State
Gaming Fund to | 21 | | Chicago State University.
| 22 | | (c-30) After the payments required under subsections (b), | 23 | | (c), (c-5),
(c-15), and (c-25) have been made, $10,000,000 | 24 | | shall be transferred annually from the State
Gaming Fund into | 25 | | the Latino Community Economic Development Fund. | 26 | | (d) From time to time, the
Board shall transfer the |
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| 1 | | remainder of the funds
generated by this Act into the Education
| 2 | | Assistance Fund, created by Public Act 86-0018, of the State of | 3 | | Illinois.
| 4 | | (e) Nothing in this Act shall prohibit the unit of local | 5 | | government
designated as the home dock of the riverboat from | 6 | | entering into agreements
with other units of local government | 7 | | in this State or in other states to
share its portion of the | 8 | | tax revenue.
| 9 | | (f) To the extent practicable, the Board shall administer | 10 | | and collect the
wagering taxes imposed by this Section in a | 11 | | manner consistent with the
provisions of Sections 4, 5, 5a, 5b, | 12 | | 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
6c, 8, 9, and 10 of the | 13 | | Retailers' Occupation Tax Act and Section 3-7 of the
Uniform | 14 | | Penalty and Interest Act.
| 15 | | (Source: P.A. 95-331, eff. 8-21-07; 95-1008, eff. 12-15-08; | 16 | | 96-37, eff. 7-13-09; 96-1392, eff. 1-1-11.)".
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