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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 Illinois Promotion Act is amended by
5changing Section 4a as follows:
6 (20 ILCS 665/4a) (from Ch. 127, par. 200-24a)
7 Sec. 4a. Funds.
8 (1) All moneys deposited in the Tourism Promotion Fund
9pursuant to this subsection are allocated to the Department for
10utilization, as appropriated, in the performance of its powers
11under Section 4; except that during fiscal year 2013, the
12Department shall reserve $9,800,000 of the total funds
13available for appropriation in the Tourism Promotion Fund for
14appropriation to the Historic Preservation Agency for the
15operation of the Abraham Lincoln Presidential Library and
16Museum and State historic sites.
17 As soon as possible after the first day of each month,
18beginning July 1, 1997, upon certification of the Department of
19Revenue, the Comptroller shall order transferred and the
20Treasurer shall transfer from the General Revenue Fund to the
21Tourism Promotion Fund an amount equal to 13% of the net
22revenue realized from the Hotel Operators' Occupation Tax Act
23plus an amount equal to 13% of the net revenue realized from

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1any tax imposed under Section 4.05 of the Chicago World's
2Fair-1992 Authority Act during the preceding month. "Net
3revenue realized for a month" means the revenue collected by
4the State under that Act during the previous month less the
5amount paid out during that same month as refunds to taxpayers
6for overpayment of liability under that Act.
7 (1.1) (Blank).
8 (2) As soon as possible after the first day of each month,
9beginning July 1, 1997, upon certification of the Department of
10Revenue, the Comptroller shall order transferred and the
11Treasurer shall transfer from the General Revenue Fund to the
12Tourism Promotion Fund an amount equal to 8% of the net revenue
13realized from the Hotel Operators' Occupation Tax plus an
14amount equal to 8% of the net revenue realized from any tax
15imposed under Section 4.05 of the Chicago World's Fair-1992
16Authority Act during the preceding month. "Net revenue realized
17for a month" means the revenue collected by the State under
18that Act during the previous month less the amount paid out
19during that same month as refunds to taxpayers for overpayment
20of liability under that Act.
21 All monies deposited in the Tourism Promotion Fund under
22this subsection (2) shall be used solely as provided in this
23subsection to advertise and promote tourism throughout
24Illinois. Appropriations of monies deposited in the Tourism
25Promotion Fund pursuant to this subsection (2) shall be used
26solely for advertising to promote tourism, including but not

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1limited to advertising production and direct advertisement
2costs, but shall not be used to employ any additional staff,
3finance any individual event, or lease, rent or purchase any
4physical facilities. The Department shall coordinate its
5advertising under this subsection (2) with other public and
6private entities in the State engaged in similar promotion
7activities. Print or electronic media production made pursuant
8to this subsection (2) for advertising promotion shall not
9contain or include the physical appearance of or reference to
10the name or position of any public officer. "Public officer"
11means a person who is elected to office pursuant to statute, or
12who is appointed to an office which is established, and the
13qualifications and duties of which are prescribed, by statute,
14to discharge a public duty for the State or any of its
15political subdivisions.
16 (2.5) The Department shall make grants from the Tourism
17Promotion Fund, or its successor fund, to a municipality in
18which a municipal convention center is located, or to a
19convention center authority, for the purpose of reimbursing the
20municipality or convention center authority for qualified
21incentives provided by a municipal convention center or
22convention center authority. For the purposes of this
23subsection, "municipal convention center" means a convention
24or civic center owned by a unit of local government, or a
25municipal convention hall as defined in paragraph (1) of
26Section 11-65-1 of the Illinois Municipal Code, with contiguous

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1exhibition space ranging between 40,000 and 125,000 square
2feet. For purposes of this subsection, "convention center
3authority" means an Authority as defined by the Civic Center
4Code with contiguous exhibition space ranging between 40,000
5and 125,000 square feet. For the purposes of this subsection,
6"qualified incentive" means an incentive provided for a
7convention, meeting, or trade show that, but for the incentive,
8would not have occurred in the State or been retained in the
9State.
10 No later than May 15 of each year, the municipality where a
11municipal convention center is located, or convention center
12authority, shall certify to the Department the amount of funds
13expended in the previous fiscal year to provide qualified
14incentives. Grants awarded under this subsection (2.5) may not
15exceed 80% of the certified incentive amount. Further, in no
16event may the aggregate amount of grants certified and awarded
17to a single municipal convention center or convention center
18authority under this subsection exceed $200,000 in any calendar
19year. The municipality or convention center authority shall
20also certify (A) the net proceeds received under the Hotel
21Operators' Occupation Tax Act for the renting, leasing, or
22letting of hotel rooms in the municipality for the month in
23which the convention, meeting, or trade show occurs and (B) the
24average of the net proceeds received under the Hotel Operators'
25Occupation Tax Act for the renting, leasing, or letting of
26hotel rooms in the municipality for the same month in the 5

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1immediately preceding years. The Department may request that
2the Auditor General conduct an audit of the accuracy of the
3certification.
4 If the Department determines by its process of
5certification that qualified incentive funds, in whole or in
6part, were disbursed by the Department by means other than in
7accordance with the standards of this Section, then the amount
8transferred to the Tourism Promotion Fund shall be reduced
9during the next subsequent transfer in direct proportion to
10that amount determined to be in violation of the terms set
11forth in this Section.
12 (3) Notwithstanding anything in this Section to the
13contrary, amounts transferred from the General Revenue Fund to
14the Tourism Promotion Fund pursuant to this Section shall not
15exceed $26,300,000 in State fiscal year 2012.
16(Source: P.A. 97-641, eff. 12-19-11; 97-732, eff. 6-30-12.)