Bill Text: IL HB2125 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the State Finance Act, the Motor Fuel Tax Law, the Emergency Telephone System Act, the Riverboat Gambling Act, and the Video Gaming Act. Provides that, in the absence of an appropriation for any State fiscal year, moneys that are required to be distributed to units of local government and other entities from the State and Local Sales Tax Reform Fund, the Motor Fuel Tax Fund, the State Gaming Fund, the Local Government Video Gaming Distributive Fund, and the Statewide 9-1-1 Fund are subject to a continuing appropriation. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB2125 Detail]

Download: Illinois-2019-HB2125-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2125

Introduced , by Rep. Martin J. Moylan

SYNOPSIS AS INTRODUCED:
30 ILCS 105/6z-17 from Ch. 127, par. 142z-17
35 ILCS 505/8 from Ch. 120, par. 424
50 ILCS 750/30
230 ILCS 10/12 from Ch. 120, par. 2412
230 ILCS 10/13 from Ch. 120, par. 2413
230 ILCS 40/75

Amends the State Finance Act, the Motor Fuel Tax Law, the Emergency Telephone System Act, the Riverboat Gambling Act, and the Video Gaming Act. Provides that, in the absence of an appropriation for any State fiscal year, moneys that are required to be distributed to units of local government and other entities from the State and Local Sales Tax Reform Fund, the Motor Fuel Tax Fund, the State Gaming Fund, the Local Government Video Gaming Distributive Fund, and the Statewide 9-1-1 Fund are subject to a continuing appropriation. Effective immediately.
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A BILL FOR

HB2125LRB101 00255 HLH 45259 b
1 AN ACT concerning revenue.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The State Finance Act is amended by changing
5Section 6z-17 as follows:
6 (30 ILCS 105/6z-17) (from Ch. 127, par. 142z-17)
7 Sec. 6z-17. State and Local Sales Tax Reform Fund.
8 (a) After deducting the amount transferred to the Tax
9Compliance and Administration Fund under subsection (b), of the
10money paid into the State and Local Sales Tax Reform Fund: (i)
11subject to appropriation to the Department of Revenue,
12Municipalities having 1,000,000 or more inhabitants shall
13receive 20% and may expend such amount to fund and establish a
14program for developing and coordinating public and private
15resources targeted to meet the affordable housing needs of
16low-income and very low-income households within such
17municipality, (ii) 10% shall be transferred into the Regional
18Transportation Authority Occupation and Use Tax Replacement
19Fund, a special fund in the State treasury which is hereby
20created, (iii) until July 1, 2013, subject to appropriation to
21the Department of Transportation, the Madison County Mass
22Transit District shall receive .6%, and beginning on July 1,
232013, subject to appropriation to the Department of Revenue,

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10.6% shall be distributed each month out of the Fund to the
2Madison County Mass Transit District, (iv) the following
3amounts, plus any cumulative deficiency in such transfers for
4prior months, shall be transferred monthly into the Build
5Illinois Fund and credited to the Build Illinois Bond Account
6therein:
7Fiscal YearAmount
81990$2,700,000
919911,850,000
1019922,750,000
1119932,950,000
12 From Fiscal Year 1994 through Fiscal Year 2025 the transfer
13shall total $3,150,000 monthly, plus any cumulative deficiency
14in such transfers for prior months, and (v) the remainder of
15the money paid into the State and Local Sales Tax Reform Fund
16shall be transferred into the Local Government Distributive
17Fund and, except for municipalities with 1,000,000 or more
18inhabitants which shall receive no portion of such remainder,
19shall be distributed, subject to appropriation, in the manner
20provided by Section 2 of "An Act in relation to State revenue
21sharing with local government entities", approved July 31,
221969, as now or hereafter amended. Municipalities with more
23than 50,000 inhabitants according to the 1980 U.S. Census and
24located within the Metro East Mass Transit District receiving
25funds pursuant to provision (v) of this paragraph may expend
26such amounts to fund and establish a program for developing and

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1coordinating public and private resources targeted to meet the
2affordable housing needs of low-income and very low-income
3households within such municipality.
4 Absent an enacted appropriation in any State fiscal year,
5this subsection shall constitute a continuing appropriation to
6the Department of Revenue of all amounts necessary for the
7purposes of making the transfers and distributions under this
8subsection (a). If an appropriation to the Department of
9Revenue of the amounts directed under this subsection is
10enacted on or after July 1 of any calendar year, the continuing
11appropriation shall discontinue for that State fiscal year, and
12the enacted appropriation shall supersede.
13 (b) Beginning on the first day of the first calendar month
14to occur on or after the effective date of this amendatory Act
15of the 98th General Assembly, each month the Department of
16Revenue shall certify to the State Comptroller and the State
17Treasurer, and the State Comptroller shall order transferred
18and the State Treasurer shall transfer from the State and Local
19Sales Tax Reform Fund to the Tax Compliance and Administration
20Fund, an amount equal to 1/12 of 5% of 20% of the cash receipts
21collected during the preceding fiscal year by the Audit Bureau
22of the Department of Revenue under the Use Tax Act, the Service
23Use Tax Act, the Service Occupation Tax Act, the Retailers'
24Occupation Tax Act, and associated local occupation and use
25taxes administered by the Department. The amount distributed
26under subsection (a) each month shall first be reduced by the

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1amount transferred to the Tax Compliance and Administration
2Fund under this subsection (b). Moneys transferred to the Tax
3Compliance and Administration Fund under this subsection (b)
4shall be used, subject to appropriation, to fund additional
5auditors and compliance personnel at the Department of Revenue.
6(Source: P.A. 98-44, eff. 6-28-13; 98-1098, eff. 8-26-14.)
7 Section 10. The Motor Fuel Tax Law is amended by changing
8Section 8 as follows:
9 (35 ILCS 505/8) (from Ch. 120, par. 424)
10 Sec. 8. Except as provided in Section 8a, subdivision
11(h)(1) of Section 12a, Section 13a.6, and items 13, 14, 15, and
1216 of Section 15, all money received by the Department under
13this Act, including payments made to the Department by member
14jurisdictions participating in the International Fuel Tax
15Agreement, shall be deposited in a special fund in the State
16treasury, to be known as the "Motor Fuel Tax Fund", and shall
17be used as follows:
18 (a) 2 1/2 cents per gallon of the tax collected on special
19fuel under paragraph (b) of Section 2 and Section 13a of this
20Act shall be transferred to the State Construction Account Fund
21in the State Treasury;
22 (b) $420,000 shall be transferred each month to the State
23Boating Act Fund to be used by the Department of Natural
24Resources for the purposes specified in Article X of the Boat

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1Registration and Safety Act;
2 (c) $3,500,000 shall be transferred each month to the Grade
3Crossing Protection Fund to be used as follows: not less than
4$12,000,000 each fiscal year shall be used for the construction
5or reconstruction of rail highway grade separation structures;
6$2,250,000 in fiscal years 2004 through 2009 and $3,000,000 in
7fiscal year 2010 and each fiscal year thereafter shall be
8transferred to the Transportation Regulatory Fund and shall be
9accounted for as part of the rail carrier portion of such funds
10and shall be used to pay the cost of administration of the
11Illinois Commerce Commission's railroad safety program in
12connection with its duties under subsection (3) of Section
1318c-7401 of the Illinois Vehicle Code, with the remainder to be
14used by the Department of Transportation upon order of the
15Illinois Commerce Commission, to pay that part of the cost
16apportioned by such Commission to the State to cover the
17interest of the public in the use of highways, roads, streets,
18or pedestrian walkways in the county highway system, township
19and district road system, or municipal street system as defined
20in the Illinois Highway Code, as the same may from time to time
21be amended, for separation of grades, for installation,
22construction or reconstruction of crossing protection or
23reconstruction, alteration, relocation including construction
24or improvement of any existing highway necessary for access to
25property or improvement of any grade crossing and grade
26crossing surface including the necessary highway approaches

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1thereto of any railroad across the highway or public road, or
2for the installation, construction, reconstruction, or
3maintenance of a pedestrian walkway over or under a railroad
4right-of-way, as provided for in and in accordance with Section
518c-7401 of the Illinois Vehicle Code. The Commission may order
6up to $2,000,000 per year in Grade Crossing Protection Fund
7moneys for the improvement of grade crossing surfaces and up to
8$300,000 per year for the maintenance and renewal of 4-quadrant
9gate vehicle detection systems located at non-high speed rail
10grade crossings. The Commission shall not order more than
11$2,000,000 per year in Grade Crossing Protection Fund moneys
12for pedestrian walkways. In entering orders for projects for
13which payments from the Grade Crossing Protection Fund will be
14made, the Commission shall account for expenditures authorized
15by the orders on a cash rather than an accrual basis. For
16purposes of this requirement an "accrual basis" assumes that
17the total cost of the project is expended in the fiscal year in
18which the order is entered, while a "cash basis" allocates the
19cost of the project among fiscal years as expenditures are
20actually made. To meet the requirements of this subsection, the
21Illinois Commerce Commission shall develop annual and 5-year
22project plans of rail crossing capital improvements that will
23be paid for with moneys from the Grade Crossing Protection
24Fund. The annual project plan shall identify projects for the
25succeeding fiscal year and the 5-year project plan shall
26identify projects for the 5 directly succeeding fiscal years.

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1The Commission shall submit the annual and 5-year project plans
2for this Fund to the Governor, the President of the Senate, the
3Senate Minority Leader, the Speaker of the House of
4Representatives, and the Minority Leader of the House of
5Representatives on the first Wednesday in April of each year;
6 (d) of the amount remaining after allocations provided for
7in subsections (a), (b) and (c), a sufficient amount shall be
8reserved to pay all of the following:
9 (1) the costs of the Department of Revenue in
10 administering this Act;
11 (2) the costs of the Department of Transportation in
12 performing its duties imposed by the Illinois Highway Code
13 for supervising the use of motor fuel tax funds apportioned
14 to municipalities, counties and road districts;
15 (3) refunds provided for in Section 13, refunds for
16 overpayment of decal fees paid under Section 13a.4 of this
17 Act, and refunds provided for under the terms of the
18 International Fuel Tax Agreement referenced in Section
19 14a;
20 (4) from October 1, 1985 until June 30, 1994, the
21 administration of the Vehicle Emissions Inspection Law,
22 which amount shall be certified monthly by the
23 Environmental Protection Agency to the State Comptroller
24 and shall promptly be transferred by the State Comptroller
25 and Treasurer from the Motor Fuel Tax Fund to the Vehicle
26 Inspection Fund, and for the period July 1, 1994 through

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1 June 30, 2000, one-twelfth of $25,000,000 each month, for
2 the period July 1, 2000 through June 30, 2003, one-twelfth
3 of $30,000,000 each month, and $15,000,000 on July 1, 2003,
4 and $15,000,000 on January 1, 2004, and $15,000,000 on each
5 July 1 and October 1, or as soon thereafter as may be
6 practical, during the period July 1, 2004 through June 30,
7 2012, and $30,000,000 on June 1, 2013, or as soon
8 thereafter as may be practical, and $15,000,000 on July 1
9 and October 1, or as soon thereafter as may be practical,
10 during the period of July 1, 2013 through June 30, 2015,
11 for the administration of the Vehicle Emissions Inspection
12 Law of 2005, to be transferred by the State Comptroller and
13 Treasurer from the Motor Fuel Tax Fund into the Vehicle
14 Inspection Fund;
15 (5) amounts ordered paid by the Court of Claims; and
16 (6) payment of motor fuel use taxes due to member
17 jurisdictions under the terms of the International Fuel Tax
18 Agreement. The Department shall certify these amounts to
19 the Comptroller by the 15th day of each month; the
20 Comptroller shall cause orders to be drawn for such
21 amounts, and the Treasurer shall administer those amounts
22 on or before the last day of each month;
23 (e) after allocations for the purposes set forth in
24subsections (a), (b), (c) and (d), the remaining amount shall
25be apportioned as follows:
26 (1) Until January 1, 2000, 58.4%, and beginning January

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1 1, 2000, 45.6% shall be deposited as follows:
2 (A) 37% into the State Construction Account Fund,
3 and
4 (B) 63% into the Road Fund, $1,250,000 of which
5 shall be reserved each month for the Department of
6 Transportation to be used in accordance with the
7 provisions of Sections 6-901 through 6-906 of the
8 Illinois Highway Code;
9 (2) Until January 1, 2000, 41.6%, and beginning January
10 1, 2000, 54.4% shall be transferred to the Department of
11 Transportation to be distributed as follows:
12 (A) 49.10% to the municipalities of the State,
13 (B) 16.74% to the counties of the State having
14 1,000,000 or more inhabitants,
15 (C) 18.27% to the counties of the State having less
16 than 1,000,000 inhabitants,
17 (D) 15.89% to the road districts of the State.
18 Absent an enacted appropriation in any State fiscal year,
19this subsection shall constitute a continuing appropriation to
20the Department of Transportation of all amounts necessary for
21the purpose of making distributions to municipalities,
22counties, and road districts, as provided in paragraph (2) of
23this subsection (e). If an appropriation to the Department of
24Transportation of the amounts directed under this subsection
25(e) is enacted on or after July 1 of any calendar year, then
26the continuing appropriation shall discontinue for that State

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1fiscal year, and the enacted appropriation shall supersede.
2 As soon as may be after the first day of each month the
3Department of Transportation shall allot to each municipality
4its share of the amount apportioned to the several
5municipalities which shall be in proportion to the population
6of such municipalities as determined by the last preceding
7municipal census if conducted by the Federal Government or
8Federal census. If territory is annexed to any municipality
9subsequent to the time of the last preceding census the
10corporate authorities of such municipality may cause a census
11to be taken of such annexed territory and the population so
12ascertained for such territory shall be added to the population
13of the municipality as determined by the last preceding census
14for the purpose of determining the allotment for that
15municipality. If the population of any municipality was not
16determined by the last Federal census preceding any
17apportionment, the apportionment to such municipality shall be
18in accordance with any census taken by such municipality. Any
19municipal census used in accordance with this Section shall be
20certified to the Department of Transportation by the clerk of
21such municipality, and the accuracy thereof shall be subject to
22approval of the Department which may make such corrections as
23it ascertains to be necessary.
24 As soon as may be after the first day of each month the
25Department of Transportation shall allot to each county its
26share of the amount apportioned to the several counties of the

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1State as herein provided. Each allotment to the several
2counties having less than 1,000,000 inhabitants shall be in
3proportion to the amount of motor vehicle license fees received
4from the residents of such counties, respectively, during the
5preceding calendar year. The Secretary of State shall, on or
6before April 15 of each year, transmit to the Department of
7Transportation a full and complete report showing the amount of
8motor vehicle license fees received from the residents of each
9county, respectively, during the preceding calendar year. The
10Department of Transportation shall, each month, use for
11allotment purposes the last such report received from the
12Secretary of State.
13 As soon as may be after the first day of each month, the
14Department of Transportation shall allot to the several
15counties their share of the amount apportioned for the use of
16road districts. The allotment shall be apportioned among the
17several counties in the State in the proportion which the total
18mileage of township or district roads in the respective
19counties bears to the total mileage of all township and
20district roads in the State. Funds allotted to the respective
21counties for the use of road districts therein shall be
22allocated to the several road districts in the county in the
23proportion which the total mileage of such township or district
24roads in the respective road districts bears to the total
25mileage of all such township or district roads in the county.
26After July 1 of any year prior to 2011, no allocation shall be

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1made for any road district unless it levied a tax for road and
2bridge purposes in an amount which will require the extension
3of such tax against the taxable property in any such road
4district at a rate of not less than either .08% of the value
5thereof, based upon the assessment for the year immediately
6prior to the year in which such tax was levied and as equalized
7by the Department of Revenue or, in DuPage County, an amount
8equal to or greater than $12,000 per mile of road under the
9jurisdiction of the road district, whichever is less. Beginning
10July 1, 2011 and each July 1 thereafter, an allocation shall be
11made for any road district if it levied a tax for road and
12bridge purposes. In counties other than DuPage County, if the
13amount of the tax levy requires the extension of the tax
14against the taxable property in the road district at a rate
15that is less than 0.08% of the value thereof, based upon the
16assessment for the year immediately prior to the year in which
17the tax was levied and as equalized by the Department of
18Revenue, then the amount of the allocation for that road
19district shall be a percentage of the maximum allocation equal
20to the percentage obtained by dividing the rate extended by the
21district by 0.08%. In DuPage County, if the amount of the tax
22levy requires the extension of the tax against the taxable
23property in the road district at a rate that is less than the
24lesser of (i) 0.08% of the value of the taxable property in the
25road district, based upon the assessment for the year
26immediately prior to the year in which such tax was levied and

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1as equalized by the Department of Revenue, or (ii) a rate that
2will yield an amount equal to $12,000 per mile of road under
3the jurisdiction of the road district, then the amount of the
4allocation for the road district shall be a percentage of the
5maximum allocation equal to the percentage obtained by dividing
6the rate extended by the district by the lesser of (i) 0.08% or
7(ii) the rate that will yield an amount equal to $12,000 per
8mile of road under the jurisdiction of the road district.
9 Prior to 2011, if any road district has levied a special
10tax for road purposes pursuant to Sections 6-601, 6-602 and
116-603 of the Illinois Highway Code, and such tax was levied in
12an amount which would require extension at a rate of not less
13than .08% of the value of the taxable property thereof, as
14equalized or assessed by the Department of Revenue, or, in
15DuPage County, an amount equal to or greater than $12,000 per
16mile of road under the jurisdiction of the road district,
17whichever is less, such levy shall, however, be deemed a proper
18compliance with this Section and shall qualify such road
19district for an allotment under this Section. Beginning in 2011
20and thereafter, if any road district has levied a special tax
21for road purposes under Sections 6-601, 6-602, and 6-603 of the
22Illinois Highway Code, and the tax was levied in an amount that
23would require extension at a rate of not less than 0.08% of the
24value of the taxable property of that road district, as
25equalized or assessed by the Department of Revenue or, in
26DuPage County, an amount equal to or greater than $12,000 per

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1mile of road under the jurisdiction of the road district,
2whichever is less, that levy shall be deemed a proper
3compliance with this Section and shall qualify such road
4district for a full, rather than proportionate, allotment under
5this Section. If the levy for the special tax is less than
60.08% of the value of the taxable property, or, in DuPage
7County if the levy for the special tax is less than the lesser
8of (i) 0.08% or (ii) $12,000 per mile of road under the
9jurisdiction of the road district, and if the levy for the
10special tax is more than any other levy for road and bridge
11purposes, then the levy for the special tax qualifies the road
12district for a proportionate, rather than full, allotment under
13this Section. If the levy for the special tax is equal to or
14less than any other levy for road and bridge purposes, then any
15allotment under this Section shall be determined by the other
16levy for road and bridge purposes.
17 Prior to 2011, if a township has transferred to the road
18and bridge fund money which, when added to the amount of any
19tax levy of the road district would be the equivalent of a tax
20levy requiring extension at a rate of at least .08%, or, in
21DuPage County, an amount equal to or greater than $12,000 per
22mile of road under the jurisdiction of the road district,
23whichever is less, such transfer, together with any such tax
24levy, shall be deemed a proper compliance with this Section and
25shall qualify the road district for an allotment under this
26Section.

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1 In counties in which a property tax extension limitation is
2imposed under the Property Tax Extension Limitation Law, road
3districts may retain their entitlement to a motor fuel tax
4allotment or, beginning in 2011, their entitlement to a full
5allotment if, at the time the property tax extension limitation
6was imposed, the road district was levying a road and bridge
7tax at a rate sufficient to entitle it to a motor fuel tax
8allotment and continues to levy the maximum allowable amount
9after the imposition of the property tax extension limitation.
10Any road district may in all circumstances retain its
11entitlement to a motor fuel tax allotment or, beginning in
122011, its entitlement to a full allotment if it levied a road
13and bridge tax in an amount that will require the extension of
14the tax against the taxable property in the road district at a
15rate of not less than 0.08% of the assessed value of the
16property, based upon the assessment for the year immediately
17preceding the year in which the tax was levied and as equalized
18by the Department of Revenue or, in DuPage County, an amount
19equal to or greater than $12,000 per mile of road under the
20jurisdiction of the road district, whichever is less.
21 As used in this Section the term "road district" means any
22road district, including a county unit road district, provided
23for by the Illinois Highway Code; and the term "township or
24district road" means any road in the township and district road
25system as defined in the Illinois Highway Code. For the
26purposes of this Section, "township or district road" also

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1includes such roads as are maintained by park districts, forest
2preserve districts and conservation districts. The Department
3of Transportation shall determine the mileage of all township
4and district roads for the purposes of making allotments and
5allocations of motor fuel tax funds for use in road districts.
6 Payment of motor fuel tax moneys to municipalities and
7counties shall be made as soon as possible after the allotment
8is made. The treasurer of the municipality or county may invest
9these funds until their use is required and the interest earned
10by these investments shall be limited to the same uses as the
11principal funds.
12(Source: P.A. 97-72, eff. 7-1-11; 97-333, eff. 8-12-11; 98-24,
13eff. 6-19-13; 98-674, eff. 6-30-14.)
14 Section 15. The Emergency Telephone System Act is amended
15by changing Section 30 as follows:
16 (50 ILCS 750/30)
17 (Section scheduled to be repealed on December 31, 2020)
18 Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement.
19 (a) A special fund in the State treasury known as the
20Wireless Service Emergency Fund shall be renamed the Statewide
219-1-1 Fund. Any appropriations made from the Wireless Service
22Emergency Fund shall be payable from the Statewide 9-1-1 Fund.
23The Fund shall consist of the following:
24 (1) 9-1-1 wireless surcharges assessed under the

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1 Wireless Emergency Telephone Safety Act.
2 (2) 9-1-1 surcharges assessed under Section 20 of this
3 Act.
4 (3) Prepaid wireless 9-1-1 surcharges assessed under
5 Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act.
6 (4) Any appropriations, grants, or gifts made to the
7 Fund.
8 (5) Any income from interest, premiums, gains, or other
9 earnings on moneys in the Fund.
10 (6) Money from any other source that is deposited in or
11 transferred to the Fund.
12 (b) The Subject to appropriation and availability of funds,
13the Department shall distribute the 9-1-1 surcharges monthly as
14follows:
15 (1) From each surcharge collected and remitted under
16 Section 20 of this Act:
17 (A) $0.013 shall be distributed monthly in equal
18 amounts to each County Emergency Telephone System
19 Board or qualified governmental entity in counties
20 with a population under 100,000 according to the most
21 recent census data which is authorized to serve as a
22 primary wireless 9-1-1 public safety answering point
23 for the county and to provide wireless 9-1-1 service as
24 prescribed by subsection (b) of Section 15.6a of this
25 Act, and which does provide such service.
26 (B) $0.033 shall be transferred by the Comptroller

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1 at the direction of the Department to the Wireless
2 Carrier Reimbursement Fund until June 30, 2017; from
3 July 1, 2017 through June 30, 2018, $0.026 shall be
4 transferred; from July 1, 2018 through June 30, 2019,
5 $0.020 shall be transferred; from July 1, 2019, through
6 June 30, 2020, $0.013 shall be transferred; from July
7 1, 2020 through June 30, 2021, $0.007 will be
8 transferred; and after June 30, 2021, no transfer shall
9 be made to the Wireless Carrier Reimbursement Fund.
10 (C) Until December 31, 2017, $0.007 and on and
11 after January 1, 2018, $0.017 shall be used to cover
12 the Department's administrative costs.
13 (D) Beginning January 1, 2018, until June 30, 2020,
14 $0.12, and on and after July 1, 2020, $0.04 shall be
15 used to make monthly proportional grants to the
16 appropriate 9-1-1 Authority currently taking wireless
17 9-1-1 based upon the United States Postal Zip Code of
18 the billing addresses of subscribers wireless
19 carriers.
20 (E) Until June 30, 2020, $0.05 shall be used by the
21 Department for grants for NG9-1-1 expenses, with
22 priority given to 9-1-1 Authorities that provide 9-1-1
23 service within the territory of a Large Electing
24 Provider as defined in Section 13-406.1 of the Public
25 Utilities Act.
26 (F) On and after July 1, 2020, $0.13 shall be used

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1 for the implementation of and continuing expenses for
2 the Statewide NG9-1-1 system.
3 (2) After disbursements under paragraph (1) of this
4 subsection (b), all remaining funds in the Statewide 9-1-1
5 Fund shall be disbursed in the following priority order:
6 (A) The Fund shall pay monthly to:
7 (i) the 9-1-1 Authorities that imposed
8 surcharges under Section 15.3 of this Act and were
9 required to report to the Illinois Commerce
10 Commission under Section 27 of the Wireless
11 Emergency Telephone Safety Act on October 1, 2014,
12 except a 9-1-1 Authority in a municipality with a
13 population in excess of 500,000, an amount equal to
14 the average monthly wireline and VoIP surcharge
15 revenue attributable to the most recent 12-month
16 period reported to the Department under that
17 Section for the October 1, 2014 filing, subject to
18 the power of the Department to investigate the
19 amount reported and adjust the number by order
20 under Article X of the Public Utilities Act, so
21 that the monthly amount paid under this item
22 accurately reflects one-twelfth of the aggregate
23 wireline and VoIP surcharge revenue properly
24 attributable to the most recent 12-month period
25 reported to the Commission; or
26 (ii) county qualified governmental entities

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1 that did not impose a surcharge under Section 15.3
2 as of December 31, 2015, and counties that did not
3 impose a surcharge as of June 30, 2015, an amount
4 equivalent to their population multiplied by .37
5 multiplied by the rate of $0.69; counties that are
6 not county qualified governmental entities and
7 that did not impose a surcharge as of December 31,
8 2015, shall not begin to receive the payment
9 provided for in this subsection until E9-1-1 and
10 wireless E9-1-1 services are provided within their
11 counties; or
12 (iii) counties without 9-1-1 service that had
13 a surcharge in place by December 31, 2015, an
14 amount equivalent to their population multiplied
15 by .37 multiplied by their surcharge rate as
16 established by the referendum.
17 (B) All 9-1-1 network costs for systems outside of
18 municipalities with a population of at least 500,000
19 shall be paid by the Department directly to the
20 vendors.
21 (C) All expenses incurred by the Administrator and
22 the Statewide 9-1-1 Advisory Board and costs
23 associated with procurement under Section 15.6b
24 including requests for information and requests for
25 proposals.
26 (D) Funds may be held in reserve by the Statewide

HB2125- 21 -LRB101 00255 HLH 45259 b
1 9-1-1 Advisory Board and disbursed by the Department
2 for grants under Section 15.4b of this Act and for
3 NG9-1-1 expenses up to $12.5 million per year in State
4 fiscal years 2016 and 2017; up to $20 million in State
5 fiscal year 2018; up to $20.9 million in State fiscal
6 year 2019; up to $15.3 million in State fiscal year
7 2020; up to $16.2 million in State fiscal year 2021; up
8 to $23.1 million in State fiscal year 2022; and up to
9 $17.0 million per year for State fiscal year 2023 and
10 each year thereafter. The amount held in reserve in
11 State fiscal years 2018 and 2019 shall not be less than
12 $6.5 million. Disbursements under this subparagraph
13 (D) shall be prioritized as follows: (i) consolidation
14 grants prioritized under subsection (a) of Section
15 15.4b of this Act; (ii) NG9-1-1 expenses; and (iii)
16 consolidation grants under Section 15.4b of this Act
17 for consolidation expenses incurred between January 1,
18 2010, and January 1, 2016.
19 (E) All remaining funds per remit month shall be
20 used to make monthly proportional grants to the
21 appropriate 9-1-1 Authority currently taking wireless
22 9-1-1 based upon the United States Postal Zip Code of
23 the billing addresses of subscribers of wireless
24 carriers.
25 (c) The moneys deposited into the Statewide 9-1-1 Fund
26under this Section shall not be subject to administrative

HB2125- 22 -LRB101 00255 HLH 45259 b
1charges or chargebacks unless otherwise authorized by this Act.
2 (d) Whenever two or more 9-1-1 Authorities consolidate, the
3resulting Joint Emergency Telephone System Board shall be
4entitled to the monthly payments that had theretofore been made
5to each consolidating 9-1-1 Authority. Any reserves held by any
6consolidating 9-1-1 Authority shall be transferred to the
7resulting Joint Emergency Telephone System Board. Whenever a
8county that has no 9-1-1 service as of January 1, 2016 enters
9into an agreement to consolidate to create or join a Joint
10Emergency Telephone System Board, the Joint Emergency
11Telephone System Board shall be entitled to the monthly
12payments that would have otherwise been paid to the county if
13it had provided 9-1-1 service.
14 (e) Absent an enacted appropriation in any State fiscal
15year, this subsection shall constitute a continuing
16appropriation to the Department of all amounts necessary for
17the purpose of making distributions as provided in subsection
18(b). If an appropriation to the Department of the amounts set
19forth in subsection (b) is enacted on or after July 1 of any
20calendar year, then the continuing appropriation shall
21discontinue for that State fiscal year, and the enacted
22appropriation shall supersede.
23(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
24 Section 20. The Riverboat Gambling Act is amended by
25changing Sections 12 and 13 as follows:

HB2125- 23 -LRB101 00255 HLH 45259 b
1 (230 ILCS 10/12) (from Ch. 120, par. 2412)
2 Sec. 12. Admission tax; fees.
3 (a) A tax is hereby imposed upon admissions to riverboats
4operated by licensed owners authorized pursuant to this Act.
5Until July 1, 2002, the rate is $2 per person admitted. From
6July 1, 2002 until July 1, 2003, the rate is $3 per person
7admitted. From July 1, 2003 until August 23, 2005 (the
8effective date of Public Act 94-673), for a licensee that
9admitted 1,000,000 persons or fewer in the previous calendar
10year, the rate is $3 per person admitted; for a licensee that
11admitted more than 1,000,000 but no more than 2,300,000 persons
12in the previous calendar year, the rate is $4 per person
13admitted; and for a licensee that admitted more than 2,300,000
14persons in the previous calendar year, the rate is $5 per
15person admitted. Beginning on August 23, 2005 (the effective
16date of Public Act 94-673), for a licensee that admitted
171,000,000 persons or fewer in calendar year 2004, the rate is
18$2 per person admitted, and for all other licensees, including
19licensees that were not conducting gambling operations in 2004,
20the rate is $3 per person admitted. This admission tax is
21imposed upon the licensed owner conducting gambling.
22 (1) The admission tax shall be paid for each admission,
23 except that a person who exits a riverboat gambling
24 facility and reenters that riverboat gambling facility
25 within the same gaming day shall be subject only to the

HB2125- 24 -LRB101 00255 HLH 45259 b
1 initial admission tax.
2 (2) (Blank).
3 (3) The riverboat licensee may issue tax-free passes to
4 actual and necessary officials and employees of the
5 licensee or other persons actually working on the
6 riverboat.
7 (4) The number and issuance of tax-free passes is
8 subject to the rules of the Board, and a list of all
9 persons to whom the tax-free passes are issued shall be
10 filed with the Board.
11 (a-5) A fee is hereby imposed upon admissions operated by
12licensed managers on behalf of the State pursuant to Section
137.3 at the rates provided in this subsection (a-5). For a
14licensee that admitted 1,000,000 persons or fewer in the
15previous calendar year, the rate is $3 per person admitted; for
16a licensee that admitted more than 1,000,000 but no more than
172,300,000 persons in the previous calendar year, the rate is $4
18per person admitted; and for a licensee that admitted more than
192,300,000 persons in the previous calendar year, the rate is $5
20per person admitted.
21 (1) The admission fee shall be paid for each admission.
22 (2) (Blank).
23 (3) The licensed manager may issue fee-free passes to
24 actual and necessary officials and employees of the manager
25 or other persons actually working on the riverboat.
26 (4) The number and issuance of fee-free passes is

HB2125- 25 -LRB101 00255 HLH 45259 b
1 subject to the rules of the Board, and a list of all
2 persons to whom the fee-free passes are issued shall be
3 filed with the Board.
4 (b) From the tax imposed under subsection (a) and the fee
5imposed under subsection (a-5), a municipality shall receive
6from the State $1 for each person embarking on a riverboat
7docked within the municipality, and a county shall receive $1
8for each person embarking on a riverboat docked within the
9county but outside the boundaries of any municipality. The
10municipality's or county's share shall be collected by the
11Board on behalf of the State and remitted quarterly by the
12State, subject to appropriation, to the treasurer of the unit
13of local government for deposit in the general fund. Absent an
14enacted appropriation in any State fiscal year, this subsection
15(b) shall constitute a continuing appropriation of all amounts
16necessary for the purpose of making distributions to
17municipalities and counties as provided in this subsection (b).
18If an appropriation of the amounts set forth in this subsection
19(b) is enacted on or after July 1 of any calendar year, then
20the continuing appropriation shall discontinue for that State
21fiscal year, and the enacted appropriation shall supersede.
22 (c) The licensed owner shall pay the entire admission tax
23to the Board and the licensed manager shall pay the entire
24admission fee to the Board. Such payments shall be made daily.
25Accompanying each payment shall be a return on forms provided
26by the Board which shall include other information regarding

HB2125- 26 -LRB101 00255 HLH 45259 b
1admissions as the Board may require. Failure to submit either
2the payment or the return within the specified time may result
3in suspension or revocation of the owners or managers license.
4 (d) The Board shall administer and collect the admission
5tax imposed by this Section, to the extent practicable, in a
6manner consistent with the provisions of Sections 4, 5, 5a, 5b,
75c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9 and 10 of the
8Retailers' Occupation Tax Act and Section 3-7 of the Uniform
9Penalty and Interest Act.
10(Source: P.A. 95-663, eff. 10-11-07; 96-1392, eff. 1-1-11.)
11 (230 ILCS 10/13) (from Ch. 120, par. 2413)
12 Sec. 13. Wagering tax; rate; distribution.
13 (a) Until January 1, 1998, a tax is imposed on the adjusted
14gross receipts received from gambling games authorized under
15this Act at the rate of 20%.
16 (a-1) From January 1, 1998 until July 1, 2002, a privilege
17tax is imposed on persons engaged in the business of conducting
18riverboat gambling operations, based on the adjusted gross
19receipts received by a licensed owner from gambling games
20authorized under this Act at the following rates:
21 15% of annual adjusted gross receipts up to and
22 including $25,000,000;
23 20% of annual adjusted gross receipts in excess of
24 $25,000,000 but not exceeding $50,000,000;
25 25% of annual adjusted gross receipts in excess of

HB2125- 27 -LRB101 00255 HLH 45259 b
1 $50,000,000 but not exceeding $75,000,000;
2 30% of annual adjusted gross receipts in excess of
3 $75,000,000 but not exceeding $100,000,000;
4 35% of annual adjusted gross receipts in excess of
5 $100,000,000.
6 (a-2) From July 1, 2002 until July 1, 2003, a privilege tax
7is imposed on persons engaged in the business of conducting
8riverboat gambling operations, other than licensed managers
9conducting riverboat gambling operations on behalf of the
10State, based on the adjusted gross receipts received by a
11licensed owner from gambling games authorized under this Act at
12the following rates:
13 15% of annual adjusted gross receipts up to and
14 including $25,000,000;
15 22.5% of annual adjusted gross receipts in excess of
16 $25,000,000 but not exceeding $50,000,000;
17 27.5% of annual adjusted gross receipts in excess of
18 $50,000,000 but not exceeding $75,000,000;
19 32.5% of annual adjusted gross receipts in excess of
20 $75,000,000 but not exceeding $100,000,000;
21 37.5% of annual adjusted gross receipts in excess of
22 $100,000,000 but not exceeding $150,000,000;
23 45% of annual adjusted gross receipts in excess of
24 $150,000,000 but not exceeding $200,000,000;
25 50% of annual adjusted gross receipts in excess of
26 $200,000,000.

HB2125- 28 -LRB101 00255 HLH 45259 b
1 (a-3) Beginning July 1, 2003, a privilege tax is imposed on
2persons engaged in the business of conducting riverboat
3gambling operations, other than licensed managers conducting
4riverboat gambling operations on behalf of the State, based on
5the adjusted gross receipts received by a licensed owner from
6gambling games authorized under this Act at the following
7rates:
8 15% of annual adjusted gross receipts up to and
9 including $25,000,000;
10 27.5% of annual adjusted gross receipts in excess of
11 $25,000,000 but not exceeding $37,500,000;
12 32.5% of annual adjusted gross receipts in excess of
13 $37,500,000 but not exceeding $50,000,000;
14 37.5% of annual adjusted gross receipts in excess of
15 $50,000,000 but not exceeding $75,000,000;
16 45% of annual adjusted gross receipts in excess of
17 $75,000,000 but not exceeding $100,000,000;
18 50% of annual adjusted gross receipts in excess of
19 $100,000,000 but not exceeding $250,000,000;
20 70% of annual adjusted gross receipts in excess of
21 $250,000,000.
22 An amount equal to the amount of wagering taxes collected
23under this subsection (a-3) that are in addition to the amount
24of wagering taxes that would have been collected if the
25wagering tax rates under subsection (a-2) were in effect shall
26be paid into the Common School Fund.

HB2125- 29 -LRB101 00255 HLH 45259 b
1 The privilege tax imposed under this subsection (a-3) shall
2no longer be imposed beginning on the earlier of (i) July 1,
32005; (ii) the first date after June 20, 2003 that riverboat
4gambling operations are conducted pursuant to a dormant
5license; or (iii) the first day that riverboat gambling
6operations are conducted under the authority of an owners
7license that is in addition to the 10 owners licenses initially
8authorized under this Act. For the purposes of this subsection
9(a-3), the term "dormant license" means an owners license that
10is authorized by this Act under which no riverboat gambling
11operations are being conducted on June 20, 2003.
12 (a-4) Beginning on the first day on which the tax imposed
13under subsection (a-3) is no longer imposed, a privilege tax is
14imposed on persons engaged in the business of conducting
15riverboat gambling operations, other than licensed managers
16conducting riverboat gambling operations on behalf of the
17State, based on the adjusted gross receipts received by a
18licensed owner from gambling games authorized under this Act at
19the following rates:
20 15% of annual adjusted gross receipts up to and
21 including $25,000,000;
22 22.5% of annual adjusted gross receipts in excess of
23 $25,000,000 but not exceeding $50,000,000;
24 27.5% of annual adjusted gross receipts in excess of
25 $50,000,000 but not exceeding $75,000,000;
26 32.5% of annual adjusted gross receipts in excess of

HB2125- 30 -LRB101 00255 HLH 45259 b
1 $75,000,000 but not exceeding $100,000,000;
2 37.5% of annual adjusted gross receipts in excess of
3 $100,000,000 but not exceeding $150,000,000;
4 45% of annual adjusted gross receipts in excess of
5 $150,000,000 but not exceeding $200,000,000;
6 50% of annual adjusted gross receipts in excess of
7 $200,000,000.
8 (a-8) Riverboat gambling operations conducted by a
9licensed manager on behalf of the State are not subject to the
10tax imposed under this Section.
11 (a-10) The taxes imposed by this Section shall be paid by
12the licensed owner to the Board not later than 5:00 o'clock
13p.m. of the day after the day when the wagers were made.
14 (a-15) If the privilege tax imposed under subsection (a-3)
15is no longer imposed pursuant to item (i) of the last paragraph
16of subsection (a-3), then by June 15 of each year, each owners
17licensee, other than an owners licensee that admitted 1,000,000
18persons or fewer in calendar year 2004, must, in addition to
19the payment of all amounts otherwise due under this Section,
20pay to the Board a reconciliation payment in the amount, if
21any, by which the licensed owner's base amount exceeds the
22amount of net privilege tax paid by the licensed owner to the
23Board in the then current State fiscal year. A licensed owner's
24net privilege tax obligation due for the balance of the State
25fiscal year shall be reduced up to the total of the amount paid
26by the licensed owner in its June 15 reconciliation payment.

HB2125- 31 -LRB101 00255 HLH 45259 b
1The obligation imposed by this subsection (a-15) is binding on
2any person, firm, corporation, or other entity that acquires an
3ownership interest in any such owners license. The obligation
4imposed under this subsection (a-15) terminates on the earliest
5of: (i) July 1, 2007, (ii) the first day after the effective
6date of this amendatory Act of the 94th General Assembly that
7riverboat gambling operations are conducted pursuant to a
8dormant license, (iii) the first day that riverboat gambling
9operations are conducted under the authority of an owners
10license that is in addition to the 10 owners licenses initially
11authorized under this Act, or (iv) the first day that a
12licensee under the Illinois Horse Racing Act of 1975 conducts
13gaming operations with slot machines or other electronic gaming
14devices. The Board must reduce the obligation imposed under
15this subsection (a-15) by an amount the Board deems reasonable
16for any of the following reasons: (A) an act or acts of God,
17(B) an act of bioterrorism or terrorism or a bioterrorism or
18terrorism threat that was investigated by a law enforcement
19agency, or (C) a condition beyond the control of the owners
20licensee that does not result from any act or omission by the
21owners licensee or any of its agents and that poses a hazardous
22threat to the health and safety of patrons. If an owners
23licensee pays an amount in excess of its liability under this
24Section, the Board shall apply the overpayment to future
25payments required under this Section.
26 For purposes of this subsection (a-15):

HB2125- 32 -LRB101 00255 HLH 45259 b
1 "Act of God" means an incident caused by the operation of
2an extraordinary force that cannot be foreseen, that cannot be
3avoided by the exercise of due care, and for which no person
4can be held liable.
5 "Base amount" means the following:
6 For a riverboat in Alton, $31,000,000.
7 For a riverboat in East Peoria, $43,000,000.
8 For the Empress riverboat in Joliet, $86,000,000.
9 For a riverboat in Metropolis, $45,000,000.
10 For the Harrah's riverboat in Joliet, $114,000,000.
11 For a riverboat in Aurora, $86,000,000.
12 For a riverboat in East St. Louis, $48,500,000.
13 For a riverboat in Elgin, $198,000,000.
14 "Dormant license" has the meaning ascribed to it in
15subsection (a-3).
16 "Net privilege tax" means all privilege taxes paid by a
17licensed owner to the Board under this Section, less all
18payments made from the State Gaming Fund pursuant to subsection
19(b) of this Section.
20 The changes made to this subsection (a-15) by Public Act
2194-839 are intended to restate and clarify the intent of Public
22Act 94-673 with respect to the amount of the payments required
23to be made under this subsection by an owners licensee to the
24Board.
25 (b) Until January 1, 1998, 25% of the tax revenue deposited
26in the State Gaming Fund under this Section shall be paid,

HB2125- 33 -LRB101 00255 HLH 45259 b
1subject to appropriation by the General Assembly, to the unit
2of local government which is designated as the home dock of the
3riverboat. Beginning January 1, 1998, from the tax revenue
4deposited in the State Gaming Fund under this Section, an
5amount equal to 5% of adjusted gross receipts generated by a
6riverboat shall be paid monthly, subject to appropriation by
7the General Assembly, to the unit of local government that is
8designated as the home dock of the riverboat. From the tax
9revenue deposited in the State Gaming Fund pursuant to
10riverboat gambling operations conducted by a licensed manager
11on behalf of the State, an amount equal to 5% of adjusted gross
12receipts generated pursuant to those riverboat gambling
13operations shall be paid monthly, subject to appropriation by
14the General Assembly, to the unit of local government that is
15designated as the home dock of the riverboat upon which those
16riverboat gambling operations are conducted.
17 (c) Appropriations, as approved by the General Assembly,
18may be made from the State Gaming Fund to the Board (i) for the
19administration and enforcement of this Act and the Video Gaming
20Act, (ii) for distribution to the Department of State Police
21and to the Department of Revenue for the enforcement of this
22Act, and (iii) to the Department of Human Services for the
23administration of programs to treat problem gambling.
24 (c-5) Before May 26, 2006 (the effective date of Public Act
2594-804) and beginning on the effective date of this amendatory
26Act of the 95th General Assembly, unless any organization

HB2125- 34 -LRB101 00255 HLH 45259 b
1licensee under the Illinois Horse Racing Act of 1975 begins to
2operate a slot machine or video game of chance under the
3Illinois Horse Racing Act of 1975 or this Act, after the
4payments required under subsections (b) and (c) have been made,
5an amount equal to 15% of the adjusted gross receipts of (1) an
6owners licensee that relocates pursuant to Section 11.2, (2) an
7owners licensee conducting riverboat gambling operations
8pursuant to an owners license that is initially issued after
9June 25, 1999, or (3) the first riverboat gambling operations
10conducted by a licensed manager on behalf of the State under
11Section 7.3, whichever comes first, shall be paid from the
12State Gaming Fund into the Horse Racing Equity Fund.
13 (c-10) Each year the General Assembly shall appropriate
14from the General Revenue Fund to the Education Assistance Fund
15an amount equal to the amount paid into the Horse Racing Equity
16Fund pursuant to subsection (c-5) in the prior calendar year.
17 (c-15) After the payments required under subsections (b),
18(c), and (c-5) have been made, an amount equal to 2% of the
19adjusted gross receipts of (1) an owners licensee that
20relocates pursuant to Section 11.2, (2) an owners licensee
21conducting riverboat gambling operations pursuant to an owners
22license that is initially issued after June 25, 1999, or (3)
23the first riverboat gambling operations conducted by a licensed
24manager on behalf of the State under Section 7.3, whichever
25comes first, shall be paid, subject to appropriation from the
26General Assembly, from the State Gaming Fund to each home rule

HB2125- 35 -LRB101 00255 HLH 45259 b
1county with a population of over 3,000,000 inhabitants for the
2purpose of enhancing the county's criminal justice system.
3 (c-20) Each year the General Assembly shall appropriate
4from the General Revenue Fund to the Education Assistance Fund
5an amount equal to the amount paid to each home rule county
6with a population of over 3,000,000 inhabitants pursuant to
7subsection (c-15) in the prior calendar year.
8 (c-25) On July 1, 2013 and each July 1 thereafter,
9$1,600,000 shall be transferred from the State Gaming Fund to
10the Chicago State University Education Improvement Fund.
11 (c-30) On July 1, 2013 or as soon as possible thereafter,
12$92,000,000 shall be transferred from the State Gaming Fund to
13the School Infrastructure Fund and $23,000,000 shall be
14transferred from the State Gaming Fund to the Horse Racing
15Equity Fund.
16 (c-35) Beginning on July 1, 2013, in addition to any amount
17transferred under subsection (c-30) of this Section,
18$5,530,000 shall be transferred monthly from the State Gaming
19Fund to the School Infrastructure Fund.
20 (d) From time to time, the Board shall transfer the
21remainder of the funds generated by this Act into the Education
22Assistance Fund, created by Public Act 86-0018, of the State of
23Illinois.
24 (e) Nothing in this Act shall prohibit the unit of local
25government designated as the home dock of the riverboat from
26entering into agreements with other units of local government

HB2125- 36 -LRB101 00255 HLH 45259 b
1in this State or in other states to share its portion of the
2tax revenue.
3 (f) To the extent practicable, the Board shall administer
4and collect the wagering taxes imposed by this Section in a
5manner consistent with the provisions of Sections 4, 5, 5a, 5b,
65c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9, and 10 of the
7Retailers' Occupation Tax Act and Section 3-7 of the Uniform
8Penalty and Interest Act.
9 (g) Absent an enacted appropriation in any State fiscal
10year, this subsection shall constitute a continuing
11appropriation from the State Gaming Fund of all amounts
12necessary for the purpose of making distributions and transfers
13as provided in this Section. If an appropriation of the amounts
14set forth in this Section is enacted on or after July 1 of any
15calendar year, then the continuing appropriation shall
16discontinue for that State fiscal year, and the enacted
17appropriation shall supersede.
18(Source: P.A. 98-18, eff. 6-7-13.)
19 Section 25. The Video Gaming Act is amended by changing
20Section 75 as follows:
21 (230 ILCS 40/75)
22 Sec. 75. Revenue sharing; Local Government Video Gaming
23Distributive Fund.
24 (a) As soon as may be after the first day of each month,

HB2125- 37 -LRB101 00255 HLH 45259 b
1the Department of Revenue shall allocate among those
2municipalities and counties of this State that have not
3prohibited video gaming pursuant to Section 27 or Section 70
4the amount available in the Local Government Video Gaming
5Distributive Fund, a special fund in the State Treasury, as
6provided in Section 60. The Department shall then certify such
7allocations to the State Comptroller, who shall pay over to
8those eligible municipalities and counties the respective
9amounts allocated to them. The amount of such funds allocable
10to each such municipality and county shall be in proportion to
11the tax revenue generated from video gaming within the eligible
12municipality or county compared to the tax revenue generated
13from video gaming Statewide.
14 (b) The amounts allocated and paid to a municipality or
15county of this State pursuant to the provisions of this Section
16may be used for any general corporate purpose authorized for
17that municipality or county.
18 (c) Upon determination by the Department that an amount has
19been paid pursuant to this Section in excess of the amount to
20which the county or municipality receiving such payment was
21entitled, the county or municipality shall, upon demand by the
22Department, repay such amount. If such repayment is not made
23within a reasonable time, the Department shall withhold from
24future payments an amount equal to such overpayment. The
25Department shall redistribute the amount of such payment to the
26county or municipality entitled thereto.

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1 (d) Absent an enacted appropriation in any State fiscal
2year, this subsection (d) shall constitute a continuing
3appropriation from the Local Government Video Gaming
4Distributive Fund of all amounts necessary for the purpose of
5making distributions to municipalities and counties as
6provided in this Section. If an appropriation of the amounts
7set forth in this Section is enacted on or after July 1 of any
8calendar year, then the continuing appropriation shall
9discontinue for that State fiscal year, and the enacted
10appropriation shall supersede.
11(Source: P.A. 96-34, eff. 7-13-09.)
12 Section 99. Effective date. This Act takes effect upon
13becoming law.
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