Bill Text: IL HB0275 | 2013-2014 | 98th General Assembly | Amended

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Bill Title: Amends the State Comptroller Act. Makes a technical change in a Section concerning the short title.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB0275 Detail]

Download: Illinois-2013-HB0275-Amended.html

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Rep. Elizabeth Hernandez

Filed: 4/12/2013

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AMENDMENT TO HOUSE BILL 275
AMENDMENT NO. ______. Amend House Bill 275 by replacing
everything after the enacting clause with the following:
"Section 5. The Department of Commerce and Economic
Opportunity Law of the Civil Administrative Code of Illinois is
amended by adding Section 605-530 as follows:
(20 ILCS 605/605-530 new)
Sec. 605-530. The Council on the Future of Economic
Development of the Latino Community.
(a) There is hereby created the Council on the Future of
Economic Development of the Latino Community within the
Department. The Council shall be administered by the Department
in partnership with the Illinois Latino Family Commission. The
purpose of the Council shall be to maintain and develop the
economy of Latinos and to provide opportunities for this
community that will enhance and expand the quality of their

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lives.
The Council must concentrate its major efforts on strategic
planning, policy research and analysis, advocacy, evaluation,
and promoting coordination and collaboration.
During each regular legislative session, the Council must
consult with appropriate legislative committees about the
State's economic development needs and opportunities in the
Latino community.
By October 1st of each even-numbered year, the Council must
submit to the Governor and General Assembly a biennial
comprehensive statewide economic development strategy for the
Latino community with a report on progress from the previous
comprehensive strategy.
The comprehensive statewide economic development strategy
may include:
(1) an assessment of the Latino community's economic
vitality;
(2) recommended goals, objectives, and priorities for
the next biennium and the future;
(3) a common set of outcomes and benchmarks for the
economic development system as a whole for the Latino
community;
(4) recommendations for removing barriers for Latinos
in employment;
(5) an inventory of existing relevant programs
compiled by the Council from materials submitted by

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agencies;
(6) recommendations for expanding, discontinuing, or
redirecting existing programs or adding new programs to
better serve the Latino community; and
(7) recommendations of best practices and public and
private sector roles in implementing the comprehensive
statewide economic development strategy.
In developing the biennial statewide economic development
strategy, plans, inventories, assessments, and policy
research, the Council must consult, collaborate, and
coordinate with relevant State agencies, private sector
businesses, nonprofit organizations involved in economic
development, trade associations, associate development
organizations, and relevant local organizations in order to
avoid duplication of effort.
State agencies must cooperate with the Council and provide
information as the Council may reasonably request.
The Council shall review and make budget recommendations to
the Governor's Office of Management and Budget and the General
Assembly in areas relating to the economic development in the
State's Latino community.
The Council must evaluate its own performance on a regular
basis.
The Council may accept gifts, grants, donations,
sponsorships, or contributions from any federal, State, or
local governmental agency or program or any private source and

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expend the same for any purpose consistent with this Act.
(b) The Council shall consist of 12 voting members. The
Governor shall appoint 4 members. The Speaker of the House, the
President of the Senate, and the Minority Leaders of the
General Assembly shall each appoint 2 members. The chairperson
of the Council shall be one of the appointed members and shall
be chosen by the Council. The members of the Council shall be
representative, to the extent possible, of the various
geographic areas of the State. The Director of the Department
and the Director of the Commission shall serve as ex officio
nonvoting members of the Council. In appointing the members,
the individuals should represent the following private
industry sectors:
(1) production agriculture;
(2) transportation, construction and logistics;
(3) travel and tourism;
(4) financial services and insurance;
(5) information technology and communications; and
(6) biotechnology.
In addition, the Governor shall appoint at least 2 individuals
representing manufacturing, one such individual shall
represent a company with no more than 75 employees.
Members appointed shall serve for not more than 2
consecutive 3-year terms, except that, of the initial
appointees of the Council, the terms of 4 members shall expire
on October 1, 2014, the terms of 4 shall expire on October 1,

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2015, and the terms of 4 members shall expire on October 1,
2016. Thereafter, all terms are for 3 years. Vacancies must be
filled in the same manner as the original appointments. The
members of the Council shall serve without compensation.
(c) The Council shall meet at least 4 times a year, with at
least one meeting each calendar quarter, at the call of the
Director or 4 voting members of the Council. The staff and
support for the Council shall be provided by the Department in
collaboration with the Commission.
(d) The Council and Department are encouraged to involve
other essential groups in the work of the Council, including,
but not limited to, (1) public universities, (2) community
colleges, (3) other educational institutions, and (4) the
Illinois Department of Labor.
(e) The Council shall make recommendations, which must be
approved by a majority of the Council, to the Department
concerning the award of grants from amounts appropriated to the
Department from the Latino Community Economic Development
Fund, a special fund created in the State treasury. The
Department must make grants to public or private entities
submitting proposals to the Council to assist in the economic
development of the Latino community. Grants may be used by
these entities only for those purposes specified in the grant.
The Council shall coordinate with the Department to develop
grant criteria.
(f) For purposes of this Section: "educational

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institutions" means nonprofit public and private colleges,
community colleges, State colleges, and universities in the
State; and "Commission" means the Illinois Latino Family
Commission.
Section 10. The State Finance Act is amended by adding
Section 5.826 as follows:
(30 ILCS 105/5.826 new)
Sec. 5.826. The Latino Community Economic Development
Fund.
Section 15. The Riverboat Gambling Act is amended by
changing Section 13 as follows:
(230 ILCS 10/13) (from Ch. 120, par. 2413)
Sec. 13. Wagering tax; rate; distribution.
(a) Until January 1, 1998, a tax is imposed on the adjusted
gross receipts received from gambling games authorized under
this Act at the rate of 20%.
(a-1) From January 1, 1998 until July 1, 2002, a privilege
tax is imposed on persons engaged in the business of conducting
riverboat gambling operations, based on the adjusted gross
receipts received by a licensed owner from gambling games
authorized under this Act at the following rates:
15% of annual adjusted gross receipts up to and

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including $25,000,000;
20% of annual adjusted gross receipts in excess of
$25,000,000 but not exceeding $50,000,000;
25% of annual adjusted gross receipts in excess of
$50,000,000 but not exceeding $75,000,000;
30% of annual adjusted gross receipts in excess of
$75,000,000 but not exceeding $100,000,000;
35% of annual adjusted gross receipts in excess of
$100,000,000.
(a-2) From July 1, 2002 until July 1, 2003, a privilege tax
is imposed on persons engaged in the business of conducting
riverboat gambling operations, other than licensed managers
conducting riverboat gambling operations on behalf of the
State, based on the adjusted gross receipts received by a
licensed owner from gambling games authorized under this Act at
the following rates:
15% of annual adjusted gross receipts up to and
including $25,000,000;
22.5% of annual adjusted gross receipts in excess of
$25,000,000 but not exceeding $50,000,000;
27.5% of annual adjusted gross receipts in excess of
$50,000,000 but not exceeding $75,000,000;
32.5% of annual adjusted gross receipts in excess of
$75,000,000 but not exceeding $100,000,000;
37.5% of annual adjusted gross receipts in excess of
$100,000,000 but not exceeding $150,000,000;

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45% of annual adjusted gross receipts in excess of
$150,000,000 but not exceeding $200,000,000;
50% of annual adjusted gross receipts in excess of
$200,000,000.
(a-3) Beginning July 1, 2003, a privilege tax is imposed on
persons engaged in the business of conducting riverboat
gambling operations, other than licensed managers conducting
riverboat gambling operations on behalf of the State, based on
the adjusted gross receipts received by a licensed owner from
gambling games authorized under this Act at the following
rates:
15% of annual adjusted gross receipts up to and
including $25,000,000;
27.5% of annual adjusted gross receipts in excess of
$25,000,000 but not exceeding $37,500,000;
32.5% of annual adjusted gross receipts in excess of
$37,500,000 but not exceeding $50,000,000;
37.5% of annual adjusted gross receipts in excess of
$50,000,000 but not exceeding $75,000,000;
45% of annual adjusted gross receipts in excess of
$75,000,000 but not exceeding $100,000,000;
50% of annual adjusted gross receipts in excess of
$100,000,000 but not exceeding $250,000,000;
70% of annual adjusted gross receipts in excess of
$250,000,000.
An amount equal to the amount of wagering taxes collected

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under this subsection (a-3) that are in addition to the amount
of wagering taxes that would have been collected if the
wagering tax rates under subsection (a-2) were in effect shall
be paid into the Common School Fund.
The privilege tax imposed under this subsection (a-3) shall
no longer be imposed beginning on the earlier of (i) July 1,
2005; (ii) the first date after June 20, 2003 that riverboat
gambling operations are conducted pursuant to a dormant
license; or (iii) the first day that riverboat gambling
operations are conducted under the authority of an owners
license that is in addition to the 10 owners licenses initially
authorized under this Act. For the purposes of this subsection
(a-3), the term "dormant license" means an owners license that
is authorized by this Act under which no riverboat gambling
operations are being conducted on June 20, 2003.
(a-4) Beginning on the first day on which the tax imposed
under subsection (a-3) is no longer imposed, a privilege tax is
imposed on persons engaged in the business of conducting
riverboat gambling operations, other than licensed managers
conducting riverboat gambling operations on behalf of the
State, based on the adjusted gross receipts received by a
licensed owner from gambling games authorized under this Act at
the following rates:
15% of annual adjusted gross receipts up to and
including $25,000,000;
22.5% of annual adjusted gross receipts in excess of

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$25,000,000 but not exceeding $50,000,000;
27.5% of annual adjusted gross receipts in excess of
$50,000,000 but not exceeding $75,000,000;
32.5% of annual adjusted gross receipts in excess of
$75,000,000 but not exceeding $100,000,000;
37.5% of annual adjusted gross receipts in excess of
$100,000,000 but not exceeding $150,000,000;
45% of annual adjusted gross receipts in excess of
$150,000,000 but not exceeding $200,000,000;
50% of annual adjusted gross receipts in excess of
$200,000,000.
(a-8) Riverboat gambling operations conducted by a
licensed manager on behalf of the State are not subject to the
tax imposed under this Section.
(a-10) The taxes imposed by this Section shall be paid by
the licensed owner to the Board not later than 5:00 o'clock
p.m. of the day after the day when the wagers were made.
(a-15) If the privilege tax imposed under subsection (a-3)
is no longer imposed pursuant to item (i) of the last paragraph
of subsection (a-3), then by June 15 of each year, each owners
licensee, other than an owners licensee that admitted 1,000,000
persons or fewer in calendar year 2004, must, in addition to
the payment of all amounts otherwise due under this Section,
pay to the Board a reconciliation payment in the amount, if
any, by which the licensed owner's base amount exceeds the
amount of net privilege tax paid by the licensed owner to the

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Board in the then current State fiscal year. A licensed owner's
net privilege tax obligation due for the balance of the State
fiscal year shall be reduced up to the total of the amount paid
by the licensed owner in its June 15 reconciliation payment.
The obligation imposed by this subsection (a-15) is binding on
any person, firm, corporation, or other entity that acquires an
ownership interest in any such owners license. The obligation
imposed under this subsection (a-15) terminates on the earliest
of: (i) July 1, 2007, (ii) the first day after the effective
date of this amendatory Act of the 94th General Assembly that
riverboat gambling operations are conducted pursuant to a
dormant license, (iii) the first day that riverboat gambling
operations are conducted under the authority of an owners
license that is in addition to the 10 owners licenses initially
authorized under this Act, or (iv) the first day that a
licensee under the Illinois Horse Racing Act of 1975 conducts
gaming operations with slot machines or other electronic gaming
devices. The Board must reduce the obligation imposed under
this subsection (a-15) by an amount the Board deems reasonable
for any of the following reasons: (A) an act or acts of God,
(B) an act of bioterrorism or terrorism or a bioterrorism or
terrorism threat that was investigated by a law enforcement
agency, or (C) a condition beyond the control of the owners
licensee that does not result from any act or omission by the
owners licensee or any of its agents and that poses a hazardous
threat to the health and safety of patrons. If an owners

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licensee pays an amount in excess of its liability under this
Section, the Board shall apply the overpayment to future
payments required under this Section.
For purposes of this subsection (a-15):
"Act of God" means an incident caused by the operation of
an extraordinary force that cannot be foreseen, that cannot be
avoided by the exercise of due care, and for which no person
can be held liable.
"Base amount" means the following:
For a riverboat in Alton, $31,000,000.
For a riverboat in East Peoria, $43,000,000.
For the Empress riverboat in Joliet, $86,000,000.
For a riverboat in Metropolis, $45,000,000.
For the Harrah's riverboat in Joliet, $114,000,000.
For a riverboat in Aurora, $86,000,000.
For a riverboat in East St. Louis, $48,500,000.
For a riverboat in Elgin, $198,000,000.
"Dormant license" has the meaning ascribed to it in
subsection (a-3).
"Net privilege tax" means all privilege taxes paid by a
licensed owner to the Board under this Section, less all
payments made from the State Gaming Fund pursuant to subsection
(b) of this Section.
The changes made to this subsection (a-15) by Public Act
94-839 are intended to restate and clarify the intent of Public
Act 94-673 with respect to the amount of the payments required

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to be made under this subsection by an owners licensee to the
Board.
(b) Until January 1, 1998, 25% of the tax revenue deposited
in the State Gaming Fund under this Section shall be paid,
subject to appropriation by the General Assembly, to the unit
of local government which is designated as the home dock of the
riverboat. Beginning January 1, 1998, from the tax revenue
deposited in the State Gaming Fund under this Section, an
amount equal to 5% of adjusted gross receipts generated by a
riverboat shall be paid monthly, subject to appropriation by
the General Assembly, to the unit of local government that is
designated as the home dock of the riverboat. From the tax
revenue deposited in the State Gaming Fund pursuant to
riverboat gambling operations conducted by a licensed manager
on behalf of the State, an amount equal to 5% of adjusted gross
receipts generated pursuant to those riverboat gambling
operations shall be paid monthly, subject to appropriation by
the General Assembly, to the unit of local government that is
designated as the home dock of the riverboat upon which those
riverboat gambling operations are conducted.
(c) Appropriations, as approved by the General Assembly,
may be made from the State Gaming Fund to the Board (i) for the
administration and enforcement of this Act and the Video Gaming
Act, (ii) for distribution to the Department of State Police
and to the Department of Revenue for the enforcement of this
Act, and (iii) to the Department of Human Services for the

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administration of programs to treat problem gambling.
(c-5) Before May 26, 2006 (the effective date of Public Act
94-804) and beginning on the effective date of this amendatory
Act of the 95th General Assembly, unless any organization
licensee under the Illinois Horse Racing Act of 1975 begins to
operate a slot machine or video game of chance under the
Illinois Horse Racing Act of 1975 or this Act, after the
payments required under subsections (b) and (c) have been made,
an amount equal to 15% of the adjusted gross receipts of (1) an
owners licensee that relocates pursuant to Section 11.2, (2) an
owners licensee conducting riverboat gambling operations
pursuant to an owners license that is initially issued after
June 25, 1999, or (3) the first riverboat gambling operations
conducted by a licensed manager on behalf of the State under
Section 7.3, whichever comes first, shall be paid from the
State Gaming Fund into the Horse Racing Equity Fund.
(c-10) Each year the General Assembly shall appropriate
from the General Revenue Fund to the Education Assistance Fund
an amount equal to the amount paid into the Horse Racing Equity
Fund pursuant to subsection (c-5) in the prior calendar year.
(c-15) After the payments required under subsections (b),
(c), and (c-5) have been made, an amount equal to 2% of the
adjusted gross receipts of (1) an owners licensee that
relocates pursuant to Section 11.2, (2) an owners licensee
conducting riverboat gambling operations pursuant to an owners
license that is initially issued after June 25, 1999, or (3)

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the first riverboat gambling operations conducted by a licensed
manager on behalf of the State under Section 7.3, whichever
comes first, shall be paid, subject to appropriation from the
General Assembly, from the State Gaming Fund to each home rule
county with a population of over 3,000,000 inhabitants for the
purpose of enhancing the county's criminal justice system.
(c-20) Each year the General Assembly shall appropriate
from the General Revenue Fund to the Education Assistance Fund
an amount equal to the amount paid to each home rule county
with a population of over 3,000,000 inhabitants pursuant to
subsection (c-15) in the prior calendar year.
(c-25) After the payments required under subsections (b),
(c), (c-5) and (c-15) have been made, an amount equal to 2% of
the adjusted gross receipts of (1) an owners licensee that
relocates pursuant to Section 11.2, (2) an owners licensee
conducting riverboat gambling operations pursuant to an owners
license that is initially issued after June 25, 1999, or (3)
the first riverboat gambling operations conducted by a licensed
manager on behalf of the State under Section 7.3, whichever
comes first, shall be paid from the State Gaming Fund to
Chicago State University.
(c-30) After the payments required under subsections (b),
(c), (c-5), (c-15), and (c-25) have been made, $10,000,000
shall be transferred annually from the State Gaming Fund into
the Latino Community Economic Development Fund.
(d) From time to time, the Board shall transfer the

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remainder of the funds generated by this Act into the Education
Assistance Fund, created by Public Act 86-0018, of the State of
Illinois.
(e) Nothing in this Act shall prohibit the unit of local
government designated as the home dock of the riverboat from
entering into agreements with other units of local government
in this State or in other states to share its portion of the
tax revenue.
(f) To the extent practicable, the Board shall administer
and collect the wagering taxes imposed by this Section in a
manner consistent with the provisions of Sections 4, 5, 5a, 5b,
5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9, and 10 of the
Retailers' Occupation Tax Act and Section 3-7 of the Uniform
Penalty and Interest Act.
(Source: P.A. 95-331, eff. 8-21-07; 95-1008, eff. 12-15-08;
96-37, eff. 7-13-09; 96-1392, eff. 1-1-11.)".