State of Illinois
92nd General Assembly
Legislation

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92_HB4904

 
                                               LRB9214408LDtm

 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 Riverboat  Gambling  Act  is  amended  by
 5    changing Section 13 as follows:

 6        (230 ILCS 10/13) (from Ch. 120, par. 2413)
 7        Sec. 13.  Wagering tax; rate; distribution.
 8        (a)  Until  January  1,  1998,  a  tax  is imposed on the
 9    adjusted  gross  receipts  received   from   gambling   games
10    authorized under this Act at the rate of 20%.
11        Beginning  January 1, 1998, a privilege tax is imposed on
12    persons engaged  in  the  business  of  conducting  riverboat
13    gambling  operations,  based  on  the adjusted gross receipts
14    received by a licensed owner from gambling  games  authorized
15    under this Act at the following rates:
16             15%  of  annual  adjusted  gross  receipts up to and
17        including $25,000,000;
18             20% of annual adjusted gross receipts in  excess  of
19        $25,000,000 but not exceeding $50,000,000;
20             25%  of  annual adjusted gross receipts in excess of
21        $50,000,000 but not exceeding $75,000,000;
22             30% of annual adjusted gross receipts in  excess  of
23        $75,000,000 but not exceeding $100,000,000;
24             35%  of  annual adjusted gross receipts in excess of
25        $100,000,000.
26        The taxes imposed by this Section shall be  paid  by  the
27    licensed  owner  to  the Board no not later than 3:00 o'clock
28    p.m. of the day after the day when the wagers were made.
29        (b)  Until January  1,  1998,  25%  of  the  tax  revenue
30    deposited  in  the State Gaming Fund under this Section shall
31    be paid, subject to appropriation by the General Assembly, to
 
                            -2-                LRB9214408LDtm
 1    the unit of local government which is designated as the  home
 2    dock  of  the riverboat.  Beginning January 1, 1998, from the
 3    tax revenue deposited in the State  Gaming  Fund  under  this
 4    Section,  an  amount  equal  to 5% of adjusted gross receipts
 5    generated by a riverboat shall be paid  monthly,  subject  to
 6    appropriation  by  the General Assembly, to the unit of local
 7    government that  is  designated  as  the  home  dock  of  the
 8    riverboat.
 9        (c)  Appropriations, as approved by the General Assembly,
10    may  be  made from the State Gaming Fund to the Department of
11    Revenue  and  the  Department  of  State   Police   for   the
12    administration and enforcement of this Act.
13        (c-5)  After  the payments required under subsections (b)
14    and (c) have been  made,  an  amount  equal  to  15%  of  the
15    adjusted  gross  receipts  of  a riverboat (1) that relocates
16    pursuant to Section 11.2, or (2) for which an owners  license
17    is   initially  issued  after  the  effective  date  of  this
18    amendatory Act of 1999, whichever comes first, shall be  paid
19    from the State Gaming Fund into the Horse Racing Equity Fund.
20        (c-10)  Each  year the General Assembly shall appropriate
21    from the General Revenue Fund  to  the  Education  Assistance
22    Fund an amount equal to the amount paid into the Horse Racing
23    Equity  Fund  pursuant  to  subsection  (c-5)  in  the  prior
24    calendar year.
25        (c-15)  After  the  payments  required  under subsections
26    (b), (c), and (c-5) have been made, an amount equal to 2%  of
27    the adjusted gross receipts of a riverboat (1) that relocates
28    pursuant  to Section 11.2, or (2) for which an owners license
29    is  initially  issued  after  the  effective  date  of   this
30    amendatory Act of 1999, whichever comes first, shall be paid,
31    subject  to appropriation from the General Assembly, from the
32    State Gaming Fund to each home rule county with a  population
33    of  over  3,000,000  inhabitants for the purpose of enhancing
34    the county's criminal justice system.
 
                            -3-                LRB9214408LDtm
 1        (c-20)  Each year the General Assembly shall  appropriate
 2    from  the  General  Revenue  Fund to the Education Assistance
 3    Fund an amount equal to the amount paid  to  each  home  rule
 4    county  with  a  population  of  over  3,000,000  inhabitants
 5    pursuant to subsection (c-15) in the prior calendar year.
 6        (c-25)  After  the  payments  required  under subsections
 7    (b), (c), (c-5) and (c-15) have been made, an amount equal to
 8    2% of the adjusted gross receipts of  a  riverboat  (1)  that
 9    relocates  pursuant  to  Section  11.2,  or  (2) for which an
10    owners license is initially issued after the  effective  date
11    of  this amendatory Act of 1999, whichever comes first, shall
12    be  paid  from  the  State  Gaming  Fund   into   the   State
13    Universities Athletic Capital Improvement Fund.
14        (d)  From  time  to  time,  the  Board shall transfer the
15    remainder of  the  funds  generated  by  this  Act  into  the
16    Education  Assistance Fund, created by Public Act 86-0018, of
17    the State of Illinois.
18        (e)  Nothing in this Act shall prohibit the unit of local
19    government designated as the home dock of the riverboat  from
20    entering into agreements with other units of local government
21    in  this State or in other states to share its portion of the
22    tax revenue.
23        (f)  To  the  extent   practicable,   the   Board   shall
24    administer  and  collect  the  wagering taxes imposed by this
25    Section  in  a  manner  consistent  with  the  provisions  of
26    Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
27    6c, 8, 9, and 10 of the Retailers'  Occupation  Tax  Act  and
28    Section 3-7 of the Uniform Penalty and Interest Act.
29    (Source: P.A. 90-548, eff. 12-4-97; 91-40, eff. 6-25-99.)

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