Amendment
Bill No. 1901
Amendment No. 661941
CHAMBER ACTION
Senate House
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1Representative(s) Ryan offered the following:
2
3     Amendment (with directory and title amendments)
4     Remove line(s) 779-817 and insert:
5     (2)  LOCAL EDUCATION SUPPLEMENTAL SLOT MACHINE TAX.--
6     (a)  On January 1 of each year, an annual tax of $500 per
7machine shall be imposed upon each slot machine approved for use
8at any slot machine licensee's facility. The slot machine
9licensee shall, on or before March 1 of each year, pay the total
10amount of such tax to the division. On or before July 1 of each
11year, the division shall deposit any tax imposed pursuant to
12this subsection in the Educational Enhancement Trust Fund in the
13Department of Education. The Department of Education shall use
14the moneys collected under this subsection from a slot machine
15licensee for reimbursement of eligible expenses to the school
16district where the slot machine licensee is located and for such
17other purposes as provided in this subsection.
18     (b)  The school district where the slot machine licensee is
19located shall request such moneys as are available under this
20subsection for reimbursement of the following additional
21expenses:
22     1.  Supplemental public education instruction expenses;
23     2.  Classroom and school facilities construction expenses;
24     3.  School safety expenses; or
25     4.  Educational infrastructure expenses.
26
27Eligible expenses under this paragraph must have been incurred
28as a direct result of the slot machine licensee's operation of
29slot machines in the school district during the immediately
30preceding school year.
31     (c)  The Department of Education shall distribute the
32moneys available under this subsection for reimbursement of
33expenses to the school district only after conducting an
34independent audit for the purposes of determining the amount of
35the additional expenses to the school district that are
36attributable to such district as a direct result of the slot
37machine licensee's operations of slot machines in the school
38district during the immediately preceding school year. The
39amount of the revenues collected from the supplemental slot
40machine tax less the amount paid to the school district for
41reimbursement of eligible expenses, as determined by the
42Department of Education audit, shall be paid annually to all
43school districts as provided in subsection (3).
44     (3)  TAX ON SLOT MACHINE REVENUES.--
45     (a)  The tax rate on slot machine revenues at each facility
46shall be 55 percent.
47     (b)  The facility shall collect and transmit the tax to the
48department on a daily basis for deposit into the Slot Machine
49Administrative Trust Fund in the Department of Business and
50Professional Regulation for immediate transfer to the
51Educational Enhancement Trust Fund in the Department of
52Education. Any interest earnings on the tax revenues shall also
53be transferred to the Educational Enhancement Trust Fund.
54     (c)  Any expenditures of slot machine taxes shall be used
55to supplement and not supplant public education dollars.
56     (4)  PAYMENT PROCEDURES.--Tax payments shall be remitted
57daily, as determined by rule of the division. The slot machine
58licensee shall file a report under oath by the 5th day of each
59calendar month for all taxes remitted during the preceding
60calendar month that shall show all slot machine activities for
61the preceding calendar month and such other information as may
62be required by the division.
63     (5)  FAILURE TO PAY TAX; PENALTIES.--A slot machine
64licensee who fails to make tax payments as required under this
65section shall be subject to an administrative penalty of up to
66$1,000 for each day the tax payment is not remitted. All
67administrative penalties imposed and collected shall be
68deposited into the Slot Machine Administrative Trust Fund in the
69Department of Business and Professional Regulation. If any slot
70machine licensee fails to pay penalties imposed by order of the
71division under this subsection, the division may suspend,
72revoke, or refuse to renew the license of the slot machine
73licensee.
74     (6)  FAILURE TO PAY TAX; GROUNDS TO SUSPEND, REVOKE, OR
75REFUSE TO RENEW THE LICENSE.--In addition to the penalties
76imposed under subsection (5), any willful or wanton failure by a
77slot machine licensee to make payments of the tax constitutes
78sufficient grounds for the division to suspend, revoke, or
79refuse to renew the license of the slot machine licensee.
80     (7)  SUBMISSION OF FUNDS.--The division may require slot
81machine licensees to remit taxes, fees, fines, and assessments
82by electronic funds transfer.
83
84
85================ T I T L E  A M E N D M E N T =============
86     Remove line(s) 100 and insert:
87make recommendations to the Legislature; requiring the slot
88machine licensee to pay an annual tax on each machine; providing
89for deposit of the tax into the Educational Enhancement Trust
90Fund to be distributed to the school district where the facility
91is located for certain purposes; directing the Department of
92Education to conduct an audit and distribute the funds;
93providing for a


CODING: Words stricken are deletions; words underlined are additions.